STATE OF
MINNESOTA
NINETY-SECOND
SESSION - 2022
_____________________
NINETY-FIFTH
DAY
Saint Paul, Minnesota, Monday, April 25, 2022
The House of Representatives convened at
11:00 a.m. and was called to order by Liz Olson, Speaker pro tempore.
Prayer was offered by Deacon Nathan E.
Allen, Archdiocese of Saint Paul and Minneapolis, Saint Paul, Minnesota.
The members of the House gave the pledge
of allegiance to the flag of the United States of America.
The roll was called and the following
members were present:
Acomb
Agbaje
Akland
Albright
Anderson
Backer
Bahner
Bahr
Baker
Becker-Finn
Bennett
Berg
Bernardy
Bierman
Bliss
Boe
Boldon
Burkel
Carlson
Christensen
Daniels
Daudt
Davids
Davnie
Demuth
Dettmer
Drazkowski
Ecklund
Edelson
Elkins
Erickson
Feist
Fischer
Franke
Franson
Frazier
Frederick
Freiberg
Garofalo
Gomez
Green
Greenman
Grossell
Haley
Hamilton
Hansen, R.
Hanson, J.
Hassan
Hausman
Heinrich
Heintzeman
Her
Hertaus
Hollins
Hornstein
Howard
Huot
Igo
Johnson
Jordan
Jurgens
Keeler
Kiel
Klevorn
Koegel
Kotyza-Witthuhn
Koznick
Kresha
Lee
Liebling
Lillie
Lippert
Lislegard
Long
Lucero
Lueck
Mariani
Marquart
Masin
McDonald
Mekeland
Miller
Moller
Moran
Morrison
Mortensen
Mueller
Munson
Murphy
Nash
Nelson, M.
Nelson, N.
Neu Brindley
Noor
Novotny
O'Driscoll
Olson, B.
Olson, L.
O'Neill
Pelowski
Petersburg
Pfarr
Pierson
Pinto
Poston
Pryor
Quam
Raleigh
Rasmusson
Reyer
Richardson
Robbins
Sandell
Sandstede
Schomacker
Schultz
Scott
Stephenson
Sundin
Swedzinski
Theis
Thompson
Torkelson
Urdahl
Vang
Wazlawik
West
Winkler
Wolgamott
Xiong, J.
Xiong, T.
Youakim
Spk. Hortman
A quorum was present.
Gruenhagen was excused.
The Chief Clerk proceeded to read the
Journal of the preceding day. There
being no objection, further reading of the Journal was dispensed with and the
Journal was approved as corrected by the Chief Clerk.
REPORTS OF STANDING COMMITTEES
AND DIVISIONS
Moran from the Committee on Ways and Means to which was referred:
H. F. No. 4300, A bill for an act relating to education finance; modifying provisions for prekindergarten through grade 12 education including general education, education excellence, teachers, charter schools, special education, health and safety, facilities, nutrition and libraries, early education, community education and lifelong learning, and state agencies; making forecast adjustments to funding for general education, education excellence, special education, facilities, nutrition, early education, and community education and lifelong learning; requiring reports; authorizing rulemaking; appropriating money; amending Minnesota Statutes 2020, sections 13.32, subdivision 3; 120A.20, subdivision 1; 120A.22, subdivisions 7, 9; 120A.41; 120A.42; 120B.018, subdivision 6; 120B.021, subdivisions 1, 2, 3, 4; 120B.022, subdivision 1; 120B.024, subdivisions 1, 2; 120B.026; 120B.11, subdivisions 1, 1a, 2, 3; 120B.12; 120B.15; 120B.30, subdivisions 1, 1a; 120B.301; 120B.35, subdivision 3; 120B.36, subdivision 2; 121A.031, subdivisions 5, 6; 121A.19; 121A.21; 121A.41, subdivisions 2, 10, by adding subdivisions; 121A.425; 121A.45, subdivision 1; 121A.46, subdivision 4, by adding a subdivision; 121A.47, subdivisions 2, 14; 121A.53, subdivision 1; 121A.55; 121A.61, subdivisions 1, 3, by adding a subdivision; 122A.06, subdivisions 4, 6; 122A.091, subdivision 5; 122A.14, by adding a subdivision; 122A.181, subdivision 5; 122A.183, subdivision 1; 122A.184, subdivision 1; 122A.185, subdivision 1; 122A.187, by adding a subdivision; 122A.31, subdivision 1; 122A.40, subdivisions 3, 5, 8; 122A.41, subdivisions 2, 5, by adding a subdivision; 122A.415, subdivision 4, by adding subdivisions; 122A.50; 122A.635; 122A.76; 123A.485, subdivision 2; 123B.04, subdivision 1; 123B.147, subdivision 3; 123B.195; 123B.44, subdivisions 1, 5, 6; 123B.595; 123B.86, subdivision 3; 124D.09, subdivisions 3, 9, 10, 12, 13; 124D.095, subdivisions 2, 3, 4, 7, 8, by adding subdivisions; 124D.119; 124D.128, subdivision 1; 124D.151, as amended; 124D.2211; 124D.4531, subdivisions 1, 1a, 1b; 124D.531, subdivisions 1, 4; 124D.55; 124D.59, subdivisions 2, 2a; 124D.65, subdivision 5; 124D.68, subdivision 2; 124D.73, by adding a subdivision; 124D.74, subdivisions 1, 3, 4, by adding a subdivision; 124D.76; 124D.78; 124D.79, subdivision 2; 124D.791, subdivision 4; 124D.81, subdivisions 1, 2, 2a, 5, by adding a subdivision; 124D.83, subdivision 2, by adding a subdivision; 124D.861, subdivision 2; 124D.98, by adding a subdivision; 124E.02; 124E.03, subdivision 2, by adding a subdivision; 124E.05, subdivisions 4, 7; 124E.06, subdivisions 1, 4, 5; 124E.07, subdivision 3; 124E.11; 124E.13, subdivisions 1, 3; 124E.16, subdivision 1; 124E.25, subdivision 1a; 125A.03; 125A.08; 125A.094; 125A.0942, subdivisions 1, 2, 3; 125A.15; 125A.51; 125A.515, subdivision 3; 125A.71, subdivision 1; 125A.76, subdivision 2e; 126C.05, subdivision 19; 126C.10, subdivisions 2a, 4, 13, 13a, 14, 18a; 126C.15, subdivisions 1, 2; 126C.19, by adding a subdivision; 127A.353, subdivision 2; 127A.45, subdivisions 12a, 13; 134.31, subdivisions 1, 4a; 134.32, subdivision 4; 134.34, subdivision 1; 134.355, subdivisions 5, 6, 7; 144.4165; 179A.03, subdivision 19; Minnesota Statutes 2021 Supplement, sections 122A.70; 126C.05, subdivisions 1, 3; 126C.10, subdivisions 2d, 2e; 127A.353, subdivision 4; Laws 2021, First Special Session chapter 13, article 1, sections 9; 10, subdivisions 2, 3, 4, 5, 6, 7, 9, 11; article 2, section 4, subdivisions 2, 3, 4, 7, 12, 15, 22, 27; article 3, sections 7, subdivisions 3, 4, 5, 6, 7; 8, subdivision 2; article 5, section 3, subdivisions 2, 3, 4, 5; article 7, section 2, subdivisions 2, 3; article 8, section 3, subdivisions 2, 3, 4, 6; article 9, section 4, subdivisions 3, 5, 6, 12; article 10, section 1, subdivisions 2, 5, 8, 9; article 11, sections 4, subdivision 2; 7, subdivision 1; proposing coding for new law in Minnesota Statutes, chapters 120B; 121A; 124D; 125A; 127A; repealing Minnesota Statutes 2020, sections 120B.35, subdivision 5; 124D.151, subdivision 5; 124D.4531, subdivision 3a; Minnesota Statutes 2021 Supplement, section 124D.151, subdivision 6.
Reported the same back with the following amendments:
Delete everything after the enacting clause and insert:
"ARTICLE 1
GENERAL EDUCATION
Section 1. Minnesota Statutes 2020, section 120A.42, is amended to read:
120A.42
CONDUCT OF SCHOOL ON CERTAIN HOLIDAYS.
(a) The governing body of any district may
contract with any of the teachers of the district for the conduct of schools,
and may conduct schools, on either, or any, of the following holidays, provided
that a clause to this effect is inserted in the teacher's contract: Martin Luther King's birthday, Lincoln's and
Washington's birthdays, Columbus
Day Indigenous Peoples'
Day, and Veterans' Day. On Martin
Luther King's birthday, Washington's birthday, Lincoln's birthday, and
Veterans' Day at least one hour of the school program must be devoted to a
patriotic observance of the day. On
Indigenous Peoples' Day, at least one hour of the school program must be
devoted to observance of the day. As
part of its observance of Indigenous Peoples' Day, a district may provide
professional development to teachers and staff, or instruction to students, on
the following topics:
(1) the history of treaties between the
United States and Indigenous peoples;
(2) the history of federal boarding
schools for Indigenous children;
(3) Indigenous languages;
(4) Indigenous traditional medicines
and cultural or spiritual practices;
(5) the sovereignty of Tribal Nations;
(6) the contributions of Indigenous
people to American culture, literature, and society; and
(7) current issues affecting Indigenous
communities.
(b) A district may conduct a school program to honor Constitution Day and Citizenship Day by providing opportunities for students to learn about the principles of American democracy, the American system of government, American citizens' rights and responsibilities, American history, and American geography, symbols, and holidays. Among other activities under this paragraph, districts may administer to students the test questions United States Citizenship and Immigration Services officers pose to applicants for naturalization.
Sec. 2. Minnesota Statutes 2020, section 121A.21, is amended to read:
121A.21
SCHOOL HEALTH SERVICES.
Subdivision 1. School health services required. (a) Every school board must provide services to promote the health of its pupils.
(b) The board of a district with 1,000 pupils or more in average daily membership in early childhood family education, preschool disabled, elementary, and secondary programs must comply with the requirements of this paragraph. It may use one or a combination of the following methods:
(1) employ personnel, including at least one full-time equivalent licensed school nurse;
(2) contract with a public or private health organization or another public agency for personnel during the regular school year, determined appropriate by the board, who are currently licensed under chapter 148 and who are certified public health nurses; or
(3) enter into another arrangement approved by the commissioner.
Subd. 2. Access
to menstrual products. A
school district or charter school must provide students access to menstrual
products at no charge. The products must
be available in restrooms used by students in grades 4 to 12. For purposes of this section, "menstrual
products" means pads, tampons, or other similar products used in
connection with the menstrual cycle.
Sec. 3. Minnesota Statutes 2020, section 123A.485, subdivision 2, is amended to read:
Subd. 2. Aid. (a) For school districts consolidating
after June 30, 2020, consolidation transition aid is equal to $200 $400
times the number of resident pupil units in the newly created district in the
year of consolidation and $100 $300 times the number of resident
pupil units in the first year following the year of consolidation. The number of pupil units used to calculate aid
in either year shall not exceed 1,000 for districts consolidating July 1, 1994,
and 1,500 for districts consolidating July 1, 1995, and thereafter.
(b) If the total appropriation for consolidation transition aid for any fiscal year, plus any amount transferred under section 127A.41, subdivision 8, is insufficient to pay all districts the full amount of aid earned, the department must first pay the districts in the first year following the year of consolidation the full amount of aid earned and distribute any remaining funds to the newly created districts in the first year of consolidation.
EFFECTIVE
DATE. This section is
effective for consolidations occurring after June 30, 2020.
Sec. 4. Minnesota Statutes 2020, section 123B.04, subdivision 1, is amended to read:
Subdivision 1. Definition. "Education site" means a
separate facility. A or
program within a facility or within a district is an education site if
the school board recognizes it as a site.
Sec. 5. Minnesota Statutes 2020, section 123B.195, is amended to read:
123B.195
BOARD MEMBERS' RIGHT TO EMPLOYMENT.
Notwithstanding section 471.88, subdivision
5, a school board member may be newly employed or may continue to be employed
by a school district as an employee only if there is a reasonable expectation
at the beginning of the fiscal year or at the time the contract is entered into
or extended that the amount to be earned by that officer under that contract or
employment relationship will not exceed $8,000 $20,000 in that
fiscal year. Notwithstanding section
122A.40 or 122A.41 or other law, if the officer does not receive majority
approval to be initially employed or to continue in employment at a meeting at
which all board members are present, that employment is immediately terminated
and that officer has no further rights to employment while serving as a school
board member in the district.
EFFECTIVE
DATE. This section is
effective July 1, 2022.
Sec. 6. Minnesota Statutes 2020, section 123B.44, subdivision 1, is amended to read:
Subdivision 1. Provided
services. The commissioner of
education shall promulgate rules under the provisions of chapter 14 requiring
each district or other intermediary service area: (a) to provide each year upon formal request
by a specific date by or on behalf of a nonpublic school pupil enrolled in a
nonpublic school located in that district or area, the same specific health
services as are provided for public school pupils by the district where the
nonpublic school is located; and (b) to provide each year upon formal request
by a specific date by or on behalf of a nonpublic school elementary or
secondary pupil enrolled in a nonpublic school located in that district or
area, the same specific guidance and counseling services as are provided
for public school secondary pupils by the district where the nonpublic school
is located. The district where the
nonpublic school is located must provide the necessary transportation within
the district boundaries between the nonpublic school and a public school or
neutral site for nonpublic school pupils who are provided pupil support
services under this section if the district elects to provide pupil support
services at a site other than the nonpublic school. Each request for pupil support services must
set forth the guidance and counseling or health services requested by or on
behalf of all eligible nonpublic school pupils enrolled in a given nonpublic
school. No district or intermediary
service area must not expend an amount for these pupil support services which
exceeds the amount allotted to it under this section.
EFFECTIVE
DATE. This section is
effective for revenue in fiscal year 2022 and later.
Sec. 7. Minnesota Statutes 2020, section 123B.44, subdivision 5, is amended to read:
Subd. 5. Guidance
and counseling services; allotment. Each
school year the commissioner shall allot to the school districts or
intermediary service areas for the provision of guidance and counseling
services pursuant to this section the actual cost of the services provided for
the pupils in each respective nonpublic school for that school year. The allotment for guidance and counseling
services for the elementary pupils in each nonpublic school must not exceed the
average expenditure per public school elementary pupil for these services by
those Minnesota public schools that provide these services to their elementary
pupils, multiplied by the number of elementary pupils in that particular
nonpublic school who request these services and who are enrolled as of September
15 of the current school year. The
allotment for guidance and counseling services for the secondary pupils in each
nonpublic school must not exceed the average expenditure per public school
secondary pupil for these services by those Minnesota public schools which
that provide these services to their secondary pupils, multiplied by the
number of secondary pupils in that particular nonpublic school who request
these services and who are enrolled as of September 15 of the current school
year.
EFFECTIVE
DATE. This section is
effective for revenue in fiscal year 2022 and later.
Sec. 8. Minnesota Statutes 2020, section 123B.44, subdivision 6, is amended to read:
Subd. 6. Computation of maximum allotments. For purposes of computing maximum allotments for each school year pursuant to this section, the average public school expenditure per pupil for health services and the average public school expenditure per elementary and secondary pupil for guidance and counseling services shall be computed and established by the department by February 1 of the preceding school year from the most recent public school year data then available.
EFFECTIVE
DATE. This section is
effective for revenue in fiscal year 2022 and later.
Sec. 9. Minnesota Statutes 2020, section 123B.86, subdivision 3, is amended to read:
Subd. 3. Board control. (a) When transportation is provided, the scheduling of routes, manner and method of transportation, control and discipline of school children and any other matter relating thereto shall be within the sole discretion, control and management of the board.
(b) A school board and a nonpublic
school may mutually agree to a written plan for the board to provide nonpublic
pupil transportation to nonpublic school students.
(1) A school board that provides pupil
transportation through its employees may transport nonpublic school students
according to the plan and retain the nonpublic pupil transportation aid
attributable to that plan. A nonpublic
school may make a payment to the school district to cover additional
transportation services agreed to in the written plan for nonpublic pupil
transportation services not required under sections 123B.84 to 123B.87.
(2) A school board that contracts for
pupil transportation services may enter into a contractual arrangement with a
school bus contractor according to the written plan adopted by the school board
and the nonpublic school to transport nonpublic school students and retain the
nonpublic pupil transportation aid attributable to that plan for purposes of
paying the school bus contractor. A
nonpublic school may make a payment to the school district to cover additional
transportation services agreed to in the written plan for nonpublic pupil
transportation services included in the contract that are not required under
sections 123B.84 to 123B.87.
(c) The school district must report the
number of nonpublic school students transported and the nonpublic pupil
transportation expenditures incurred under paragraph (b) in the form and manner
specified by the commissioner.
Sec. 10. Minnesota Statutes 2020, section 124D.095, subdivision 2, is amended to read:
Subd. 2. Definitions. For purposes of this section, the following terms have the meanings given them.
(a) "Digital learning" is learning
facilitated by technology that offers students an element of control over the
time, place, path, or pace of their learning and includes blended and online
learning.
(b) "Blended learning" is a form of digital learning that occurs when a student learns part time in a supervised physical setting and part time through digital delivery of instruction, or a student learns in a supervised physical setting where technology is used as a primary method to deliver instruction.
(c) "Online learning" is a form
of digital learning delivered by an approved online learning provider under
paragraph (d) that occurs when a student learns primarily through
digital delivery of instruction in a location other than a school building.
(d) "Supplemental online
learning" means an online learning course taken in place of a course
period at a local district school provided by a supplemental online learning
provider.
(d) (e) "Supplemental
online learning provider" is a school district, an intermediate school
district, an organization of two or more school districts operating under a
joint powers agreement, or a charter school located in Minnesota that provides
online learning courses or programs to students other than
their own enrolled students and is approved by the department to provide supplemental
online learning courses.
(e) (f) "Student" is
a Minnesota resident enrolled in a school under section 120A.22, subdivision 4,
or in a school authorized to receive Tribal contract or grant aid under section
124D.83, in kindergarten through grade 12.
(f) (g) "Supplemental
online learning student" is a student enrolled in an a
supplemental online learning course or program delivered by an a
supplemental online learning provider under paragraph (d) (e).
(h) "Teacher" is a public
employee as defined in section 179A.03, subdivision 18, employed by a charter
school or district providing online instruction. The contract of a teacher employed by a
charter school or district must meet the requirements of section 122A.40 or
122A.41 and a charter school must employ or contract with a licensed teacher as
defined in section 122A.06, subdivision 2.
A teacher must perform all duties described in Minnesota Rules, part
8710.0310, defining teacher of record.
(g) (i) "Enrolling
district" means the school district or charter school in which a student
is enrolled under section 120A.22, subdivision 4, for purposes of compulsory
attendance.
(h) "Supplemental online
learning" means an online learning course taken in place of a course
period at a local district school.
(i) "Full-time online learning
provider" means an enrolling school authorized by the department to
deliver comprehensive public education at any or all of the elementary, middle,
or high school levels.
(j) "Online learning course
syllabus" is a written document that an a supplemental
online learning provider transmits to the enrolling district using a format
prescribed by the commissioner to identify the state academic standards
embedded in an online course, the course content outline, required course
assessments, expectations for actual teacher contact time and other
student-to-teacher communications, and the academic support available to the
online learning student.
EFFECTIVE
DATE. This section is
effective for the 2023-2024 school year and later.
Sec. 11. Minnesota Statutes 2020, section 124D.095, subdivision 3, is amended to read:
Subd. 3. Authorization;
notice; limitations on enrollment. (a)
An enrolling district may offer digital learning, blended learning, or online
learning as instructional modalities to enrolled students. Digital learning, blended learning, or online
learning do not generate online learning funds under this section. An enrolling district that offers digital
learning, blended learning, or online learning only to its enrolled students is
not subject to the reporting requirements or review criteria under subdivision
7, unless the enrolling district is a supplemental online learning provider. A teacher providing instruction via digital
learning, blended learning, or online learning must hold the appropriate
Minnesota license as defined in section 124D.095, subdivision 2, paragraph (h). Digital learning, blended learning, and
online learning courses must be reported and identified in the Minnesota Common
Course Catalog.
(a) A (b) Any student may
apply for full-time supplemental online enrollment in an approved
supplemental online learning program under section 124D.03 or 124D.08
or chapter 124E. Notwithstanding
sections 124D.03 and 124D.08 and chapter 124E, procedures for enrolling in
supplemental online learning are as provided in this subdivision. A student age 17 or younger must have the
written consent of a parent or guardian to apply. No school district or charter school may
prohibit a student from applying to enroll in online learning. In order to enroll in online learning, the
student and the student's parents must submit an application to the supplemental
online learning provider and identify the student's reason for enrolling. An A supplemental online
learning provider that accepts a student under this section must notify the
student and the enrolling district in writing within ten days if the enrolling
district is not the supplemental online learning provider. The student and the student's parent must
notify the supplemental online learning provider of the student's intent
to enroll in online learning within ten days of being accepted, at which time
the student and the student's parent must sign a statement indicating that they
have reviewed the online course or program and understand the expectations of
enrolling in online learning. The supplemental
online learning provider must use a form provided by the department to notify
the enrolling district of the student's application to enroll in online
learning.
(b) (c) The supplemental
online learning notice to the enrolling district when a student applies to the supplemental
online learning provider will must include the courses or
program, credits to be awarded, and the start date of the online course or
program. An A supplemental
online learning provider must make available the supplemental online course
syllabus to the enrolling district. Within
15 days after the online learning provider makes information in this paragraph
available to the enrolling district, the enrolling district must notify the
online provider whether the student, the student's parent, and the enrolling
district agree or disagree that the course meets the enrolling district's
graduation requirements. A
supplemental online learning provider that accepts a student under this section
must notify the student and the enrolling district in writing within ten days
if the enrolling district is not the supplemental online learning provider. A student may enroll in a supplemental online
learning course up to the midpoint of the enrolling district's term. The enrolling district may waive this
requirement for special circumstances and with the agreement of the online
provider. An online learning course
or program that meets or exceeds a graduation standard or the grade progression
requirement of the enrolling district as described in the provider's online
course syllabus meets the corresponding graduation requirements applicable to
the student in the enrolling district. If
the enrolling district does not agree that the course or program meets its
graduation requirements, then:
(1) the enrolling district must make
available an explanation of its decision to the student, the student's parent,
and the online provider; and
(2) the online provider may make
available a response to the enrolling district, showing how the course or
program meets the graduation requirements of the enrolling district.
(c) An online learning provider must
notify the commissioner that it is delivering online learning and report the
number of online learning students it accepts and the online learning courses
and programs it delivers.
(d) An online learning
provider may limit enrollment if the provider's school board or board of
directors adopts by resolution specific standards for accepting and rejecting
students' applications.
(e) An enrolling district may reduce an
online learning student's regular classroom instructional membership in
proportion to the student's membership in online learning courses.
(f) The online provider must report or make
available information on an individual student's progress and accumulated
credit to the student, the student's parent, and the enrolling district in a
manner specified by the commissioner unless the enrolling district and the
online provider agree to a different form of notice and notify the commissioner. The enrolling district must designate a
contact person to help facilitate and monitor the student's academic progress
and accumulated credits towards graduation.
(d) A school district or charter school
must allow an enrolled student to apply to enroll in supplemental online
learning. A supplemental online learning
provider must notify the enrolling district that the student has been accepted
into the supplemental online learning program.
Within 15 days of receiving the notification from the supplemental
online learning program, the enrolling district must notify the supplemental
online provider whether the student, the student's parent, and the enrolling
district agree or disagree that the proposed course meets the enrolling
district's graduation requirements.
(e) The enrolling district must
communicate a student's individualized education program to the supplemental
online provider upon accepting the enrollment and must coordinate services for
students with disabilities unless a written agreement exists between the
enrolling district and the supplemental online provider.
(f) An online learning course or
program that meets or exceeds a graduation standard or the grade progression requirement
of the enrolling district as described in the supplemental online provider's
online course syllabus meets the corresponding graduation requirements
applicable to the student in the enrolling district. The enrolling district must use the same criteria
for accepting online learning credits or courses as it does for accepting
credits or courses for transfer students under section 124D.03, subdivision 9. If the enrolling district does not agree that
the course or program meets its graduation requirements, then:
(1) the enrolling district must make
available an explanation of its decision to the student, the student's parent,
and the supplemental online provider; and
(2) the supplemental online provider
may make available a response to the enrolling district showing how the course
or program meets the graduation requirements of the enrolling district.
(g) An enrolling district may reduce a
supplemental online learning student's regular classroom instructional
enrollment in proportion to the student's enrollment in online learning
courses.
EFFECTIVE
DATE. This section is
effective for the 2023-2024 school year and later.
Sec. 12. Minnesota Statutes 2020, section 124D.095, subdivision 4, is amended to read:
Subd. 4. Online
learning parameters. (a) An A
supplemental online learning student must receive academic credit for
completing the requirements of an online learning course or program. Secondary credits granted to an a
supplemental online learning student count toward the graduation and credit
requirements of the enrolling district. The
enrolling district must apply the same graduation requirements to all students,
including online learning students, and must continue to provide nonacademic
services to online learning students. If a student completes an online learning
course or program that meets or exceeds a graduation standard or the grade
progression requirement at the enrolling district, that standard or requirement
is met. The enrolling district must
use the same criteria for
accepting online learning
credits or courses as it does for accepting credits or courses for transfer
students under section 124D.03, subdivision 9.
The enrolling district may reduce the course schedule of an online
learning student in proportion to the number of online learning courses the
student takes from an online learning provider that is not the enrolling
district.
(b) An A supplemental online
learning student may:
(1) enroll in supplemental online learning courses equal to a maximum of 50 percent of the student's full schedule of courses per term during a single school year and the student may exceed the supplemental online learning registration limit if the enrolling district permits supplemental online learning enrollment above the limit, or if the enrolling district and the supplemental online learning provider agree to the instructional services;
(2) complete course work at a grade level that is different from the student's current grade level; and
(3) enroll in additional supplemental courses with the online learning provider under a separate agreement that includes terms for paying any tuition or course fees.
(c) An online learning student has the same
access to the computer hardware and education software available in a
school as all other students in the enrolling district. An online learning provider must assist an
online learning student whose family qualifies for the education tax credit
under section 290.0674 to acquire computer hardware and educational software
for online learning purposes. Supplemental
online learning students may use the enrolling district's computer hardware and
educational software to access supplemental online courses. Supplemental online learning students may
participate in supplemental online courses from a scheduled study hall or other
suitable location in the district in which the student is enrolled if the
enrolling district is able to provide a space and supervision.
(d) An enrolling district may offer
digital learning to its enrolled students.
Such digital learning does not generate online learning funds under this
section. An enrolling district that
offers digital learning only to its enrolled students is not subject to the
reporting requirements or review criteria under subdivision 7, unless the
enrolling district is a full-time online learning provider. A teacher with a Minnesota license must
assemble and deliver instruction to enrolled students receiving online learning
from an enrolling district. The delivery
of instruction occurs when the student interacts with the computer or the
teacher and receives ongoing assistance and assessment of learning. The instruction may include curriculum
developed by persons other than a teacher holding a Minnesota license.
(d) A supplemental online learning
provider must assist a supplemental online learning student whose family
qualifies for the education tax credit under section 290.0674 to acquire
computer hardware and educational software for online learning purposes and
must provide information about broadband connectivity options and programs.
(e) A supplemental online learning
provider may limit enrollment if the provider's school board or board of
directors adopts by resolution specific standards for accepting and rejecting
students' applications.
(f) A supplemental online learning
provider must report or make available information on an individual student's
progress and accumulated credit to the student, the student's parent, and the
enrolling district in a manner specified by the commissioner unless the
enrolling district and the supplemental online learning provider agree to a
different form of reporting and notify the commissioner.
(g) An enrolling district must apply
the same graduation requirements to all students, including supplemental online
learning students, and must continue to provide nonacademic services to
supplemental online learning students. An
enrolling district must designate a contact person to help facilitate and
monitor the academic progress and accumulated credits toward graduation for
each supplemental online learning student enrolled in the district.
(e) Both full-time and (h)
Supplemental online learning providers are subject to the reporting
requirements and review criteria under subdivision 7. A teacher holding a Minnesota license must
assemble and deliver instruction to online learning students. The delivery of instruction occurs when the
student interacts with the computer or the teacher and receives ongoing
assistance and assessment of learning. The
instruction may include curriculum developed by persons other than a teacher
holding a Minnesota license. A
teacher providing instruction via supplemental online learning must use a
curriculum aligned with standards as described in section 120B.021 and must
hold the appropriate Minnesota license as defined in section 124D.095,
subdivision 2, paragraph (h).
(i) Unless the commissioner grants a waiver, a teacher providing online learning instruction must not instruct more than 40 students in any one online learning course or program.
(f) To enroll in more than 50 percent of
the student's full schedule of courses per term in online learning, the student
must qualify to exceed the supplemental online learning registration limit
under paragraph (b) or apply to enroll in an approved full-time online learning
program, consistent with subdivision 3, paragraph (a). Full-time online learning students may enroll
in classes at a local school under a contract for instructional services
between the online learning provider and the school district.
EFFECTIVE
DATE. This section is
effective for the 2023-2024 school year and later.
Sec. 13. Minnesota Statutes 2020, section 124D.095, subdivision 7, is amended to read:
Subd. 7.
Department of Education. (a) The department must review and
approve or disapprove supplemental online learning providers applications
within 90 calendar days of receiving an a supplemental online
learning provider's completed application.
The commissioner, using research-based standards of quality for online
learning programs, must review all approved supplemental online learning
providers on a cyclical three-year basis.
Approved supplemental online learning providers annually must
submit program data to, confirm statements of assurances for, and provide
program updates including a current course list to the commissioner.
(b) A supplemental online learning
provider must notify the commissioner that it is delivering online learning and
must report the number of online learning students it accepts and the online
learning courses and programs it delivers.
(c) An enrolling district that offers
online learning under section 124D.095, subdivision 2, paragraph (c), must
create an online site or sites that are classified as online learning sites and
report student enrollments in the online school site or sites. Online and blended learning courses must be
reported in the Minnesota Common Course Catalog.
(b) (d) The online learning
courses and programs must be rigorous, aligned with state academic standards,
and contribute to grade progression in a single subject. The supplemental online learning
provider, other than a digital learning provider offering digital learning
to its enrolled students only under subdivision 4, paragraph (d), must give
the commissioner written assurance that:
(1) all courses meet state academic standards; and (2) the online
learning curriculum, instruction, and assessment, expectations for actual
teacher-contact time or other student-to-teacher communication, and academic
support meet nationally recognized professional standards and are described as
such in an online learning course syllabus that meets the commissioner's
requirements. Once an a
supplemental online learning provider is approved under this paragraph, all
of its online learning course offerings are eligible for payment under this
section unless a course is successfully challenged by an enrolling district or
the department under paragraph (c) (e).
(c) (e) An enrolling district
may challenge the validity of a course offered by an a supplemental
online learning provider. The department
must review such challenges based on the approval procedures under paragraph (b)
(d). The department may initiate
its own review of the validity of an online learning course offered by an
a supplemental online learning provider.
(d) (f) The department may collect a fee not to exceed $250 for approving online learning providers or $50 per course for reviewing a challenge by an enrolling district.
(e) (g) The department must
develop, publish, and maintain a list of supplemental online learning
providers that it has reviewed and approved.
(f) (h) The department may
review a complaint about an a supplemental online learning
provider, or a complaint about a provider based on the provider's response to
notice of a violation. If the department
determines that an a supplemental online learning provider
violated a law or rule, the department may:
(1) create a compliance plan for the provider; or
(2) withhold funds from the provider under
sections 124D.095, 124E.25, and 127A.42.
The department must notify an a supplemental online
learning provider in writing about withholding funds and provide detailed
calculations.
(i) An online learning program fee
administration account is created in the special revenue fund. Funds retained under paragraph (d) shall be
deposited in the account. Money in the
account is appropriated to the commissioner for costs associated with
administering and monitoring online and digital learning programs.
EFFECTIVE
DATE. This section is
effective for the 2023-2024 school year and later, except that paragraph (i) is
effective July 1, 2022.
Sec. 14. Minnesota Statutes 2020, section 124D.095, subdivision 8, is amended to read:
Subd. 8. Financial arrangements. (a) For a student enrolled in an online learning course, the department must calculate average daily membership and make payments according to this subdivision.
(b) The initial online learning average daily membership equals 1/12 for each semester course or a proportionate amount for courses of different lengths. The adjusted online learning average daily membership equals the initial online learning average daily membership times .88.
(c) No online learning average daily membership shall be generated if: (1) the student does not complete the online learning course, or (2) the student is enrolled in online learning provided by the enrolling district.
(d) Online learning average daily membership under this subdivision for a student currently enrolled in a Minnesota public school or in a Tribal contract or grant school authorized to receive aid under section 124D.83 shall be used only for computing average daily membership according to section 126C.05, subdivision 19, paragraph (a), clause (2), and for computing online learning aid according to section 124D.096.
Sec. 15. Minnesota Statutes 2020, section 124D.095, is amended by adding a subdivision to read:
Subd. 11. Crisis
online learning. (a)
"Crisis online learning" means online learning under this section as
the primary mode of instruction for all students in a school building during a
crisis learning period.
(b) "Crisis learning period" means a period of time that is the result of an unforeseeable incident or situation such as a natural disaster, pandemic, or other catastrophic event that creates an unsafe or untenable in-person learning environment as declared by a school district or charter school.
(c) "Crisis online learning
plan" means a plan adopted by a school board or board of directors that
describes the implementation of crisis online learning and how critical components
of education are provided during the crisis learning period. Critical components of education include but
are not limited to nutrition services in accordance with United States
Department of Agriculture regulations, how teachers will be accessible online
and by telephone
during regular school hours
each crisis online learning day to assist students, accommodations for students
without Internet access or insufficient digital device access in a household,
and accessible options for students with disabilities under chapter 125A and
the Individuals with Disabilities Education Act. A crisis online learning plan may only be
adopted by a school district after consulting with the exclusive representative
of the teachers or by a charter school after consulting with its teachers, and
may include up to one instructional day to prepare for crisis online learning
and one instructional day upon the conclusion of the crisis online learning
period, not to exceed four days per school year without approval from the commissioner. Students and families must be notified of the
crisis online learning plan before the beginning of the school year. Consistent with applicable labor agreements,
districts must utilize available staff who are able to work during the crisis
online learning period.
(d) Upon declaring a crisis learning
period and providing notice to students and families at least one day prior to
the regular school start time, a school district or charter school may
implement the crisis online learning plan.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
For school year 2021-2022 the student and family notification
requirement in subdivision 11, paragraph (c), does not apply.
Sec. 16. Minnesota Statutes 2020, section 124D.095, is amended by adding a subdivision to read:
Subd. 12. Asynchronous
learning. Notwithstanding any
law to the contrary, a state-approved alternative program that has provided
asynchronous digital instruction for three or more years prior to the effective
date of this act to students who are participating in independent study credit
recovery programs may continue to provide asynchronous independent study credit
recovery programs, and the student's time spent in these programs continues to
count for extended time revenue under sections 126C.05 and 126C.10, subdivision
2a.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 17. Minnesota Statutes 2020, section 124D.4531, subdivision 1, is amended to read:
Subdivision 1. Career and technical revenue. (a) A district with a career and technical program approved under this section for the fiscal year in which the levy is certified is eligible for career and technical revenue equal to 35 percent of approved expenditures in the fiscal year in which the levy is certified for the following:
(1) salaries paid to essential, licensed personnel providing direct instructional services to students in that fiscal year, including extended contracts, for services rendered in the district's approved career and technical education programs, excluding salaries reimbursed by another school district under clause (2);
(2) amounts paid to another Minnesota school district for salaries of essential, licensed personnel providing direct instructional services to students in that fiscal year for services rendered in the district's approved career and technical education programs;
(3) contracted services provided by a public or private agency other than a Minnesota school district or cooperative center under chapter 123A or 136D;
(4) necessary travel between instructional sites by licensed career and technical education personnel and district‑encumbered student travel between instructional and placement sites in state-approved work-based learning programs;
(5) necessary travel by licensed career and
technical education personnel for vocational career and technical
education student organization activities held within the state for
instructional purposes;
(6) curriculum development activities that are part of a five-year plan for improvement based on program assessment;
(7) necessary travel by licensed career and technical education personnel for noncollegiate credit-bearing professional development; and
(8) specialized vocational career
and technical education instructional supplies.
(b) The district must recognize the full amount of this levy as revenue for the fiscal year in which it is certified.
(c) The amount of the revenue
calculated under this subdivision may not exceed $17,850,000 for taxes payable
in 2012, $15,520,000 for taxes payable in 2013, and $20,657,000 for taxes
payable in 2014.
(d) If the estimated revenue exceeds
the amount in paragraph (c), the commissioner must reduce the percentage in
paragraph (a) until the estimated revenue no longer exceeds the limit in
paragraph (c).
Sec. 18. Minnesota Statutes 2020, section 124D.4531, subdivision 1a, is amended to read:
Subd. 1a. Career
and technical levy. (a) For
fiscal year 2014 only, a district may levy an amount not more than the product
of its career and technical revenue times the lesser of one or the ratio of its
adjusted net tax capacity per adjusted pupil unit in the fiscal year in which
the levy is certified to the career and technical revenue equalizing factor. The career and technical revenue equalizing
factor for fiscal year 2014 equals $7,612.
(b) For fiscal year 2015 and later,
A district may levy an amount not more than the product of its career and
technical revenue times the lesser of one or the ratio of its adjusted net tax
capacity per adjusted pupil unit in the fiscal year in which the levy is
certified to the career and technical revenue equalizing factor. The career and technical revenue equalizing
factor for fiscal year 2015 and later equals $7,612.
Sec. 19. Minnesota Statutes 2020, section 124D.4531, subdivision 1b, is amended to read:
Subd. 1b. Career
and technical aid. For fiscal
year 2014 and later, A district's career and technical aid equals its
career and technical revenue less its career and technical levy. If the district levy is less than the
permitted levy, the district's career and technical aid shall be reduced
proportionately.
Sec. 20. [124D.4532]
CAREER AND TECHNICAL STUDENT TRANSPORTATION AID.
A district that provides student travel
between instructional and placement sites in state-approved work-based learning
programs is eligible for state aid to reimburse the additional costs of
transportation during the preceding fiscal year.
EFFECTIVE
DATE. This section is
effective for revenue for fiscal year 2024 and later.
Sec. 21. Minnesota Statutes 2020, section 124D.59, subdivision 2, is amended to read:
Subd. 2. English learner. (a) "English learner" means a pupil in kindergarten through grade 12; an early childhood special education student under Part B, section 619 of the Individuals with Disabilities Education Act, United States Code, title 20, section 1419; or a prekindergarten student enrolled in an approved voluntary prekindergarten program under section 124D.151 or a school readiness plus program who meets the requirements under subdivision 2a or the following requirements:
(1) the pupil, as declared by a parent or guardian first learned a language other than English, comes from a home where the language usually spoken is other than English, or usually speaks a language other than English; and
(2) the pupil is determined by a valid assessment measuring the pupil's English language proficiency and by developmentally appropriate measures, which might include observations, teacher judgment, parent recommendations, or developmentally appropriate assessment instruments, to lack the necessary English skills to participate fully in academic classes taught in English.
(b) A pupil enrolled in a Minnesota public school in any grade 4 through 12 who in the previous school year took a commissioner-provided assessment measuring the pupil's emerging academic English, shall be counted as an English learner in calculating English learner pupil units under section 126C.05, subdivision 17, and shall generate state English learner aid under section 124D.65, subdivision 5, if the pupil scored below the state cutoff score or is otherwise counted as a nonproficient participant on the assessment measuring the pupil's emerging academic English, or, in the judgment of the pupil's classroom teachers, consistent with section 124D.61, clause (1), the pupil is unable to demonstrate academic language proficiency in English, including oral academic language, sufficient to successfully and fully participate in the general core curriculum in the regular classroom.
(c) Notwithstanding paragraphs (a) and (b), a pupil in early childhood special education or prekindergarten under section 124D.151, through grade 12 shall not be counted as an English learner in calculating English learner pupil units under section 126C.05, subdivision 17, and shall not generate state English learner aid under section 124D.65, subdivision 5, if:
(1) the pupil is not enrolled during the current fiscal year in an educational program for English learners under sections 124D.58 to 124D.64; or
(2) the pupil has generated seven or more years of average daily membership in Minnesota public schools since July 1, 1996.
EFFECTIVE
DATE. This section is effective
for revenue for fiscal year 2023 and later.
Sec. 22. Minnesota Statutes 2020, section 124D.59, subdivision 2a, is amended to read:
Subd. 2a. English
learner; limited or interrupted formal education. Consistent with subdivision 2, an English
learner includes with limited or interrupted formal education is
an English learner with an interrupted formal education who meets three of
the following five requirements: defined
by subdivision 2 who has at least two years less schooling than the English
learner's peers when entering school in the United States.
(1) comes from a home where the language
usually spoken is other than English, or usually speaks a language other than
English;
(2) enters school in the United States
after grade 6;
(3) has at least two years less
schooling than the English learner's peers;
(4) functions at least two years below
expected grade level in reading and mathematics; and
(5) may be preliterate in the English
learner's native language.
Sec. 23. Minnesota Statutes 2020, section 124D.65, subdivision 5, is amended to read:
Subd. 5. School
district EL revenue. (a) The
English learner programs initial allowance equals $704 for fiscal years 2021
and 2022. The English learner programs
initial allowance equals $1,000 for fiscal year 2023. The English learner programs initial
allowance for fiscal year 2024 and later equals the product of $1,000 times the
ratio of the formula allowance under section 126C.10, subdivision 2, for the
current fiscal year to the formula allowance under section 126C.10, subdivision
2, for fiscal year 2023.
(b) The English learner
programs concentration allowance equals $250 for fiscal years 2021 and 2022. The English learner programs concentration
allowance for fiscal year 2023 and later equals the product of $250 times the
ratio of the formula allowance under section 126C.10, subdivision 2, for the
current fiscal year to the formula allowance under section 126C.10, subdivision
2, for fiscal year 2023.
(a) (c) A district's English
learner programs initial revenue equals the product of (1) $704 the
English learner programs initial allowance times (2) the greater of 20 or
the adjusted average daily membership of eligible English learners enrolled in
the district during the current fiscal year.
(d) A district's English learner
programs concentration revenue equals the product of the English learner
programs concentration allowance times the English learner pupil units under
section 126C.05, subdivision 17.
(e) A district's English learner cross
subsidy aid equals:
(1) 40 percent of the district's
English learner cross subsidy for fiscal year 2023;
(2) 50 percent of the district's
English learner cross subsidy for fiscal year 2024;
(3) 75 percent of the district's
English learner cross subsidy for fiscal year 2025; and
(4) 100 percent of the district's
English learner cross subsidy for fiscal years 2026 and later.
(f) A district's English learner
programs revenue equals the sum of:
(1) the initial revenue under paragraph
(c);
(2) the concentration revenue under
paragraph (d); and
(3) a district's English learner cross
subsidy aid under paragraph (e).
(g) A district's English learner cross
subsidy equals the greater of zero or the difference between the district's
expenditure for qualifying services for the second previous year and the
district's English learner revenue for the second previous year.
(b) (h) A pupil ceases to
generate state English learner aid in the school year following the school year
in which the pupil attains the state cutoff score on a commissioner-provided
assessment that measures the pupil's emerging academic English.
EFFECTIVE
DATE. This section is
effective for revenue for fiscal year 2023 and later.
Sec. 24. Minnesota Statutes 2020, section 124D.68, subdivision 2, is amended to read:
Subd. 2. Eligible pupils. (a) A pupil under the age of 21 or who meets the requirements of section 120A.20, subdivision 1, paragraph (c), is eligible to participate in the graduation incentives program, if the pupil:
(1) performs substantially below the performance level for pupils of the same age in a locally determined achievement test;
(2) is behind in satisfactorily completing coursework or obtaining credits for graduation;
(3) is pregnant or is a parent;
(4) has been assessed as chemically dependent;
(5) has been excluded or expelled according to sections 121A.40 to 121A.56;
(6) has been referred by a school
district for enrollment in an eligible program or a program pursuant to section
124D.69;
(7) (6) is a victim of
physical or sexual abuse;
(8) (7) has experienced
mental health problems;
(9) (8) has experienced
homelessness sometime within six months before requesting a transfer to an
eligible program;
(10) (9) speaks English as a
second language or is an English learner;
(11) (10) has withdrawn from
school or has been chronically truant; or
(12) (11) is being treated
in a hospital in the seven-county metropolitan area for cancer or other life
threatening illness or is the sibling of an eligible pupil who is being
currently treated, and resides with the pupil's family at least 60 miles beyond
the outside boundary of the seven-county metropolitan area.
(b) A pupil otherwise qualifying under
paragraph (a) who is at least 21 years of age and not yet 22 years of age, and
is an English learner with an interrupted formal education according to section
124D.59, subdivision 2a, is eligible to participate in the graduation
incentives program under section 124D.68 and in concurrent enrollment courses
offered under section 124D.09, subdivision 10, and is funded in the same manner
as other pupils under this section. if
the pupil otherwise qualifies under paragraph (a), is at least 21 years of age
and not yet 22 years of age, and:
(1) is an English learner with a
limited or interrupted formal education according to section 124D.59,
subdivision 2a; or
(2) meets three of the following four
requirements:
(i) comes from a home where the
language usually spoken is other than English, or usually speaks a language
other than English;
(ii) enters school in the United States
after grade 6;
(iii) functions at least two years
below expected grade level in reading and mathematics; and
(iv) may be preliterate in the English
learner's native language.
Sec. 25. Minnesota Statutes 2020, section 124D.73, is amended by adding a subdivision to read:
Subd. 5. American
Indian student. "American
Indian student" means a student who identifies as American Indian or
Alaska Native, using the state definition in effect on October 1 of the
previous school year.
Sec. 26. Minnesota Statutes 2020, section 124D.79, subdivision 2, is amended to read:
Subd. 2. Technical assistance. The commissioner shall provide technical assistance, including an annual report of American Indian student data using the state count, to districts, schools and postsecondary institutions for preservice and in-service training for teachers, American Indian education teachers and paraprofessionals specifically designed to implement culturally responsive teaching methods, culturally based curriculum development, testing and testing mechanisms, and the development of materials for American Indian education programs.
Sec. 27. Minnesota Statutes 2020, section 124D.81, is amended by adding a subdivision to read:
Subd. 8. State-identified
American Indian. For the
purposes of sections 124D.71 to 124D.82, the number of students who identify as
American Indian or Alaska Native, as defined by the state of Minnesota on
October 1 of the previous school year, will be used to determine the
state-identified American Indian student counts for districts, charter schools,
and Tribal contract schools for the subsequent school year.
Sec. 28. Minnesota Statutes 2020, section 124D.83, is amended by adding a subdivision to read:
Subd. 3a. Supplemental
online learning. A pupil
attending a Tribal contract school under this section may participate in a
supplemental online learning program offered by a school district. The serving school district may include the
pupil's time spent in the supplemental online learning program in its pupil
count.
Sec. 29. Minnesota Statutes 2020, section 125A.15, is amended to read:
125A.15
PLACEMENT IN ANOTHER DISTRICT; RESPONSIBILITY.
The responsibility for special instruction and services for a child with a disability temporarily placed in another district for care and treatment shall be determined in the following manner:
(a) The district of residence of a child shall be the district in which the child's parent resides, if living, or the child's guardian. If there is a dispute between school districts regarding residency, the district of residence is the district designated by the commissioner.
(b) If a district other than the resident district places a pupil for care and treatment, the district placing the pupil must notify and give the resident district an opportunity to participate in the placement decision. When an immediate emergency placement of a pupil is necessary and time constraints foreclose a resident district from participating in the emergency placement decision, the district in which the pupil is temporarily placed must notify the resident district of the emergency placement within 15 days. The resident district has up to five business days after receiving notice of the emergency placement to request an opportunity to participate in the placement decision, which the placing district must then provide.
(c) When a child is temporarily placed for
care and treatment in a day program located in another district and the child
continues to live within the district of residence during the care and treatment,
the district of residence is responsible for providing transportation to and
from the care and treatment program and an appropriate educational program for
the child. The resident district may
establish reasonable restrictions on transportation, except if a Minnesota
court or agency orders the child placed at a day care and treatment program and
the resident district receives a copy of the order, then the resident district
must provide transportation to and from the program unless the court or agency
orders otherwise. Transportation shall
only be provided by the resident district during regular operating hours of the
resident district. The resident district
may provide the educational program at a school within the district of
residence, at the child's residence, or in the district in which the day
treatment center is located by paying tuition to that district. A district or charter school may utilize
online learning under section 124D.095 to fulfill its educational program
responsibility under this chapter if the child, or the child's parent or
guardian for a pupil under the age of 18, agrees to that form of instruction.
(d) When a child is
temporarily placed in a residential program for care and treatment, the
nonresident district in which the child is placed is responsible for providing
an appropriate educational program for the child and necessary transportation
while the child is attending the educational program; and must bill the
district of the child's residence for the actual cost of providing the program,
as outlined in section 125A.11, except as provided in paragraph (e). However, the board, lodging, and treatment
costs incurred in behalf of a child with a disability placed outside of the
school district of residence by the commissioner of human services or the
commissioner of corrections or their agents, for reasons other than providing
for the child's special educational needs must not become the responsibility of
either the district providing the instruction or the district of the child's
residence. For the purposes of this
section, the state correctional facilities operated on a fee-for-service basis
are considered to be residential programs for care and treatment. A district or charter school may utilize
online learning under section 124D.095 to fulfill its educational program
responsibility under this chapter if the child, or the child's parent or
guardian for a pupil under the age of 18, agrees to that form of instruction.
(e) A privately owned and operated residential facility may enter into a contract to obtain appropriate educational programs for special education children and services with a joint powers entity. The entity with which the private facility contracts for special education services shall be the district responsible for providing students placed in that facility an appropriate educational program in place of the district in which the facility is located. If a privately owned and operated residential facility does not enter into a contract under this paragraph, then paragraph (d) applies.
(f) The district of residence shall pay tuition and other program costs, not including transportation costs, to the district providing the instruction and services. The district of residence may claim general education aid for the child as provided by law. Transportation costs must be paid by the district responsible for providing the transportation and the state must pay transportation aid to that district.
Sec. 30. Minnesota Statutes 2020, section 125A.51, is amended to read:
125A.51
PLACEMENT OF CHILDREN WITHOUT DISABILITIES; EDUCATION AND TRANSPORTATION.
The responsibility for providing instruction and transportation for a pupil without a disability who has a short‑term or temporary physical or emotional illness or disability, as determined by the standards of the commissioner, and who is temporarily placed for care and treatment for that illness or disability, must be determined as provided in this section.
(a) The school district of residence of the pupil is the district in which the pupil's parent or guardian resides. If there is a dispute between school districts regarding residency, the district of residence is the district designated by the commissioner.
(b) When parental rights have been terminated by court order, the legal residence of a child placed in a residential or foster facility for care and treatment is the district in which the child resides.
(c) Before the placement of a pupil for care and treatment, the district of residence must be notified and provided an opportunity to participate in the placement decision. When an immediate emergency placement is necessary and time does not permit resident district participation in the placement decision, the district in which the pupil is temporarily placed, if different from the district of residence, must notify the district of residence of the emergency placement within 15 days of the placement. When a nonresident district makes an emergency placement without first consulting with the resident district, the resident district has up to five business days after receiving notice of the emergency placement to request an opportunity to participate in the placement decision, which the placing district must then provide.
(d) When a pupil without a disability is temporarily placed for care and treatment in a day program and the pupil continues to live within the district of residence during the care and treatment, the district of residence must provide instruction and necessary transportation to and from the care and treatment program for the pupil. The resident district may establish reasonable restrictions on transportation, except if a Minnesota court or agency orders the child placed at a day care and treatment program and the resident district receives a copy of the order, then the resident district must provide transportation to and from the program unless the court or agency orders otherwise. Transportation shall only be provided by the resident district during regular operating hours of the resident district. The resident district may provide the instruction at a school within the district of residence, at the pupil's residence, through an online learning program under section 124D.095, provided by the pupil's resident district, district of open enrollment under section 124D.03, or charter school of enrollment under section 124E.11, or in the case of a placement outside of the resident district, in the district in which the day treatment program is located by paying tuition to that district. A district or charter school may provide the instruction through an online learning program if the pupil, or the pupil's parent or guardian for a pupil under the age of 18, agrees to that form of instruction. The district of placement may contract with a facility to provide instruction by teachers licensed by the Professional Educator Licensing and Standards Board.
(e) When a pupil without a disability is
temporarily placed in a residential program for care and treatment, the
district in which the pupil is placed must provide instruction for the pupil
and necessary transportation while the pupil is receiving instruction, and in
the case of a placement outside of the district of residence, the nonresident
district must bill the district of residence for the actual cost of providing
the instruction for the regular school year and for summer school, excluding
transportation costs. A district or
charter school may utilize online learning under section 124D.095 to fulfill
its educational program responsibility under this chapter if the pupil, or the
pupil's parent or guardian for a pupil under the age of 18, agrees to that form
of instruction.
(f) Notwithstanding paragraph (e), if the pupil is homeless and placed in a public or private homeless shelter, then the district that enrolls the pupil under section 120A.20, subdivision 2, paragraph (b), shall provide the transportation, unless the district that enrolls the pupil and the district in which the pupil is temporarily placed agree that the district in which the pupil is temporarily placed shall provide transportation. When a pupil without a disability is temporarily placed in a residential program outside the district of residence, the administrator of the court placing the pupil must send timely written notice of the placement to the district of residence. The district of placement may contract with a residential facility to provide instruction by teachers licensed by the Professional Educator Licensing and Standards Board. For purposes of this section, the state correctional facilities operated on a fee-for-service basis are considered to be residential programs for care and treatment.
(g) The district of residence must include the pupil in its residence count of pupil units and pay tuition as provided in section 123A.488 to the district providing the instruction. Transportation costs must be paid by the district providing the transportation and the state must pay transportation aid to that district. For purposes of computing state transportation aid, pupils governed by this subdivision must be included in the disabled transportation category if the pupils cannot be transported on a regular school bus route without special accommodations.
Sec. 31. Minnesota Statutes 2020, section 125A.515, subdivision 3, is amended to read:
Subd. 3. Responsibilities
for providing education. (a) The
district in which the children's residential facility is located must provide
education services, including special education if eligible, to all students
placed in a facility. If a child's
district of residence, district of open enrollment under section 124D.03, or
charter school of enrollment under section 124E.11 is a state-approved online
learning provider under section 124D.095, subdivision 2, paragraph (d), the
district in which the children's residential facility is located may utilize
that state-approved online learning program in fulfilling its education
services responsibility under this section.
A district or charter school may provide the instruction through an online
learning program if the child, or child's parent or guardian for a child under
the age of 18, agrees to that form of instruction.
(b) For education programs operated by the Department of Corrections, the providing district shall be the Department of Corrections. For students remanded to the commissioner of corrections, the providing and resident district shall be the Department of Corrections.
Sec. 32. Minnesota Statutes 2020, section 126C.05, subdivision 19, is amended to read:
Subd. 19. Online learning students. (a) The average daily membership for a public school pupil or a pupil enrolled in a school authorized to receive Tribal contract or grant aid under section 124D.83 generating online learning average daily membership according to section 124D.095, subdivision 8, paragraph (b), equals the sum of: (1) the ratio of the sum of the number of instructional hours the pupil is enrolled in a regular classroom setting at the enrolling school to the actual number of instructional hours in the school year at the enrolling school, plus (2) .12 times the initial online learning average daily membership according to section 124D.095, subdivision 8, paragraph (b).
(b) When the sum of the average daily membership under paragraph (a) and the adjusted online learning average daily membership under section 124D.095, subdivision 8, paragraph (b), exceeds the maximum allowed for the student under subdivision 8 or 15, as applicable, the average daily membership under paragraph (a) shall be reduced by the excess over the maximum, but shall not be reduced below .12. The adjusted online learning average daily membership according to section 124D.095, subdivision 8, paragraph (b), shall be reduced by any remaining excess over the maximum.
Sec. 33. Minnesota Statutes 2020, section 126C.10, subdivision 2a, is amended to read:
Subd. 2a. Extended
time revenue. (a) The extended
time allowance is $5,117 for fiscal years 2022 and 2023. For fiscal year 2024 and later, the extended
time allowance equals the product of $5,117 times the ratio of the formula
allowance under subdivision 2 for the current fiscal year to the formula
allowance under subdivision 2 for fiscal year 2023.
(a) (b) A school district's
extended time revenue is equal to the product of $5,117 the extended
time allowance and the sum of the adjusted pupil units of the district for
each pupil in average daily membership in excess of 1.0 and less than 1.2
according to section 126C.05, subdivision 8.
(b) (c) Extended time
revenue for pupils placed in an on-site education program at the Prairie Lakes
Education Center or the Lake Park School, located within the borders of
Independent School District No. 347, Willmar, for instruction provided
after the end of the preceding regular school year and before the beginning of
the following regular school year equals membership hours divided by the
minimum annual instructional hours in section 126C.05, subdivision 15, not to
exceed 0.20, times the pupil unit weighting in section 126C.05, subdivision 1,
times $5,117 the extended time allowance.
(d) A school district's summer
residential care and treatment extended time revenue equals the product of the
extended time allowance times the sum of the resident summer residential care
and treatment extended time average daily membership, times the pupil unit
weighting in section 126C.05, subdivision 1.
(e) Summer residential care and
treatment extended time average daily membership for resident pupils placed in
a residential program for care and treatment, excluding those in paragraph (b)
for instruction after the end of the preceding regular school year and before
the beginning of the following regular school year, equals membership hours
divided by the minimum annual instructional hours in section 126C.05, subdivision
15, not to exceed 0.20.
(f) For fiscal year 2023 and later, the
amount of extended time revenue calculated under this paragraph may not exceed
$1,000,000 for each fiscal year.
(c) (g) A school district's extended time revenue may be used for extended day programs, extended week programs, summer school, vacation break academies such as spring break academies and summer term academies, and other programming authorized under the learning year program.
EFFECTIVE
DATE. This section is effective
for revenue for fiscal year 2023 and later.
Sec. 34. Minnesota Statutes 2021 Supplement, section 126C.10, subdivision 2e, is amended to read:
Subd. 2e. Local optional revenue. (a) For fiscal year 2021 and later, local optional revenue for a school district equals the sum of the district's first tier local optional revenue and second tier local optional revenue. A district's first tier local optional revenue equals $300 times the adjusted pupil units of the district for that school year. A district's second tier local optional revenue equals $424 times the adjusted pupil units of the district for that school year.
(b) For fiscal year 2021 and later, a district's local optional levy equals the sum of the first tier local optional levy and the second tier local optional levy.
(c) A district's first tier local optional levy equals the district's first tier local optional revenue times the lesser of one or the ratio of the district's referendum market value per resident pupil unit to $880,000.
(d) For fiscal year 2022, a district's
second tier local optional levy equals the district's second tier local
optional revenue times the lesser of one or the ratio of the district's
referendum market value per resident pupil unit to $510,000. For fiscal year 2023, a district's second
tier local optional levy equals the district's second tier local optional
revenue times the lesser of one or the ratio of the district's referendum
market value per resident pupil unit to $548,842 $703,865. For fiscal year 2024 and later, a
district's second tier local optional levy equals the district's second tier
local optional revenue times the lesser of one or the ratio of the district's
referendum market value per resident pupil unit to $510,000 $572,600. For fiscal year 2025 and later, a district's
second tier local optional levy equals the district's second tier local
optional revenue times the lesser of one or the ratio of the district's
referendum market value per resident pupil unit to $664,812.
(e) The local optional levy must be spread on referendum market value. A district may levy less than the permitted amount.
(f) A district's local optional aid equals its local optional revenue minus its local optional levy. If a district's actual levy for first or second tier local optional revenue is less than its maximum levy limit for that tier, its aid must be proportionately reduced.
Sec. 35. Minnesota Statutes 2020, section 126C.10, subdivision 4, is amended to read:
Subd. 4. Basic skills revenue. A school district's basic skills revenue equals the sum of:
(1) compensatory revenue under subdivision 3; plus
(2) English learner revenue under section
124D.65, subdivision 5; plus, paragraph (e).
(3) $250 times the English learner
pupil units under section 126C.05, subdivision 17.
EFFECTIVE
DATE. This section is
effective for revenue for fiscal year 2023 and later.
Sec. 36. Minnesota Statutes 2020, section 126C.10, subdivision 13, is amended to read:
Subd. 13. Total
operating capital revenue. (a) Total
operating capital revenue for a district equals the amount determined under
paragraph (b) or (c), plus sum of:
(1) $79 times the adjusted pupil
units for the school year.;
(2) the product of $109, the district's
maintenance cost index, and its adjusted pupil units for the school year plus
the amount computed under paragraph (c); and
(3) $2 times the adjusted pupil units
for the school year for the purposes of supplying menstrual products under
subdivision 14, clause (26).
(b) The revenue under this subdivision must be placed in a reserved account in the general fund and may only be used according to subdivision 14.
(b) Capital revenue for a district
equals $109 times the district's maintenance cost index times its adjusted
pupil units for the school year.
(c) The revenue under paragraph (a), clause (2), for a district that operates a program under section 124D.128, is increased by an amount equal to $31 times the number of adjusted pupil units served at the site where the program is implemented.
EFFECTIVE
DATE. This section is
effective for revenue for fiscal year 2023 and later.
Sec. 37. Minnesota Statutes 2020, section 126C.10, subdivision 13a, is amended to read:
Subd. 13a. Operating
capital levy. To obtain operating
capital revenue, a district may levy an amount not more than the product of its
operating capital revenue for the fiscal year times the lesser of one or the
ratio of its adjusted net tax capacity per adjusted pupil unit to the operating
capital equalizing factor. The operating
capital equalizing factor equals $23,902 for fiscal year 2020, $23,885 for
fiscal year 2021, and $22,912 for fiscal year 2022 and, $22,912
for fiscal year 2023, $25,490 for fiscal year 2024, and $23,353 for fiscal year
2025 and later.
Sec. 38. Minnesota Statutes 2020, section 126C.10, subdivision 14, is amended to read:
Subd. 14. Uses of total operating capital revenue. Total operating capital revenue may be used only for the following purposes:
(1) to acquire land for school purposes;
(2) to acquire or construct buildings for school purposes;
(3) to rent or lease buildings, including the costs of building repair or improvement that are part of a lease agreement;
(4) to improve and repair school sites and buildings, and equip or reequip school buildings with permanent attached fixtures, including library media centers;
(5) for a surplus school building that is used substantially for a public nonschool purpose;
(6) to eliminate barriers or increase access to school buildings by individuals with a disability;
(7) to bring school buildings into compliance with the State Fire Code adopted according to chapter 299F;
(8) to remove asbestos from school buildings, encapsulate asbestos, or make asbestos-related repairs;
(9) to clean up and dispose of polychlorinated biphenyls found in school buildings;
(10) to clean up, remove, dispose of, and make repairs related to storing heating fuel or transportation fuels such as alcohol, gasoline, fuel oil, and special fuel, as defined in section 296A.01;
(11) for energy audits for school buildings and to modify buildings if the audit indicates the cost of the modification can be recovered within ten years;
(12) to improve buildings that are leased according to section 123B.51, subdivision 4;
(13) to pay special assessments levied against school property but not to pay assessments for service charges;
(14) to pay principal and interest on
state loans for energy conservation according to section 216C.37 or loans made
under the Douglas J. Johnson Economic Protection Trust Fund Act according to
sections 298.292 to 298.298 298.297;
(15) to purchase or lease interactive telecommunications equipment;
(16) by board resolution, to transfer money into the debt redemption fund to: (i) pay the amounts needed to meet, when due, principal and interest payments on certain obligations issued according to chapter 475; or (ii) pay principal and interest on debt service loans or capital loans according to section 126C.70;
(17) to pay operating capital-related assessments of any entity formed under a cooperative agreement between two or more districts;
(18) to purchase or lease computers and related hardware, software, and annual licensing fees, copying machines, telecommunications equipment, and other noninstructional equipment;
(19) to purchase or lease assistive technology or equipment for instructional programs;
(20) to purchase textbooks as defined in section 123B.41, subdivision 2;
(21) to purchase new and replacement library media resources or technology;
(22) to lease or purchase vehicles;
(23) to purchase or lease telecommunications equipment, computers, and related equipment for integrated information management systems for:
(i) managing and reporting learner outcome information for all students under a results-oriented graduation rule;
(ii) managing student assessment, services, and achievement information required for students with individualized education programs; and
(iii) other classroom information management needs;
(24) to pay personnel costs directly
related to the acquisition, operation, and maintenance of telecommunications
systems, computers, related equipment, and network and applications software; and
(25) to pay the costs directly
associated with closing a school facility, including moving and storage costs.;
and
(26) to pay the costs of supplies and
equipment necessary to provide access to menstrual products at no charge to
students in restrooms and as otherwise needed in school facilities.
EFFECTIVE
DATE. This section is
effective July 1, 2022.
Sec. 39. Minnesota Statutes 2020, section 126C.10, subdivision 18a, is amended to read:
Subd. 18a. Pupil
transportation adjustment. (a) An
independent, common, or special school district's transportation sparsity revenue
under subdivision 18 is increased by the greater of zero or 18.2 39.5
percent of the difference between:
(1) the lesser of the district's total cost for regular and excess pupil transportation under section 123B.92, subdivision 1, paragraph (b), including depreciation, for the previous fiscal year or 105 percent of the district's total cost for the second previous fiscal year; and
(2) the sum of:
(i) 4.66 percent of the district's basic revenue for the previous fiscal year;
(ii) transportation sparsity revenue under subdivision 18 for the previous fiscal year;
(iii) the district's charter school transportation adjustment for the previous fiscal year; and
(iv) the district's reimbursement for transportation provided under section 123B.92, subdivision 1, paragraph (b), clause (1), item (vi).
(b) A charter school's pupil transportation adjustment equals the school district per pupil adjustment under paragraph (a).
EFFECTIVE
DATE. This section is
effective for revenue for fiscal year 2023 and later.
Sec. 40. Minnesota Statutes 2020, section 126C.15, subdivision 1, is amended to read:
Subdivision 1. Use of revenue. The basic skills revenue under section 126C.10, subdivision 4, must be reserved and used to meet the educational needs of pupils who enroll under-prepared to learn and whose progress toward meeting state or local content or performance standards is below the level that is appropriate for learners of their age. Basic skills revenue may also be used for programs designed to prepare children and their families for entry into school whether the student first enrolls in kindergarten or first grade. Any of the following may be provided to meet these learners' needs:
(1) direct instructional services under the assurance of mastery program according to section 124D.66;
(2) remedial instruction in reading, language arts, mathematics, other content areas, or study skills to improve the achievement level of these learners;
(3) additional teachers and teacher aides to provide more individualized instruction to these learners through individual tutoring, lower instructor-to-learner ratios, or team teaching;
(4) a longer school day or
week during the regular school year or through a summer program that may be
offered directly by the site or under a performance-based contract with a
community-based organization;
(5) comprehensive and ongoing staff development consistent with district and site plans according to section 122A.60 and to implement plans under section 120B.12, subdivision 4a, for teachers, teacher aides, principals, and other personnel to improve their ability to identify the needs of these learners and provide appropriate remediation, intervention, accommodations, or modifications;
(6) instructional materials, digital learning, and technology appropriate for meeting the individual needs of these learners;
(7) programs to reduce truancy, encourage completion of high school, enhance self-concept, provide health services, provide nutrition services, provide a safe and secure learning environment, provide coordination for pupils receiving services from other governmental agencies, provide psychological services to determine the level of social, emotional, cognitive, and intellectual development, and provide counseling services, guidance services, and social work services;
(8) bilingual programs, bicultural programs, and programs for English learners;
(9) all-day kindergarten;
(10) (9) early education
programs, parent-training programs, school readiness programs, kindergarten
voluntary prekindergarten programs for four-year-olds, voluntary home
visits under section 124D.13, subdivision 4, and other outreach efforts
designed to prepare children for kindergarten;
(11) (10) extended school
day and extended school year programs, including summer programs that may be
offered directly by the site or under a performance-based contract with a
community-based organization; and
(12) (11) substantial parent
involvement in developing and implementing remedial education or intervention
plans for a learner, including learning contracts between the school, the
learner, and the parent that establish achievement goals and responsibilities
of the learner and the learner's parent or guardian.
EFFECTIVE
DATE. This section is
effective for revenue for fiscal year 2023 and later.
Sec. 41. Minnesota Statutes 2020, section 126C.15, subdivision 2, is amended to read:
Subd. 2. Building allocation. (a) A district or cooperative must allocate at least 80 percent of its compensatory revenue to each school building in the district or cooperative where the children who have generated the revenue are served unless the school district or cooperative has received permission under Laws 2005, First Special Session chapter 5, article 1, section 50, to allocate compensatory revenue according to student performance measures developed by the school board.
(b) Notwithstanding paragraph (a), A
district or cooperative may allocate up to 50 no more than 20
percent of the amount of compensatory revenue that the district receives to
school sites according to a plan adopted by the school board. The money reallocated under this paragraph
must be spent for the purposes listed in subdivision 1, but may be spent on
students in any grade, including students attending school readiness or other
prekindergarten programs.
(c) For the purposes of this section and section 126C.05, subdivision 3, "building" means education site as defined in section 123B.04, subdivision 1.
(d) Notwithstanding section 123A.26, subdivision 1, compensatory revenue generated by students served at a cooperative unit shall be paid to the cooperative unit.
(e) A district or cooperative with school building openings, school building closings, changes in attendance area boundaries, or other changes in programs or student demographics between the prior year and the current year may reallocate compensatory revenue among sites to reflect these changes. A district or cooperative must report to the department any adjustments it makes according to this paragraph and the department must use the adjusted compensatory revenue allocations in preparing the report required under section 123B.76, subdivision 3, paragraph (c).
EFFECTIVE
DATE. This section is
effective for revenue for fiscal year 2023 and later.
Sec. 42. Minnesota Statutes 2020, section 126C.19, is amended by adding a subdivision to read:
Subd. 1a. Supplemental
online learning. A shared
time pupil may participate in a school district's supplemental online learning
program in the same manner as the student may participate in other shared time
programs.
Sec. 43. Minnesota Statutes 2020, section 127A.45, subdivision 12a, is amended to read:
Subd. 12a. Forward
shifted aid payments. One hundred
percent of the state aid in fiscal years 2003 and later received under section
sections 124D.87 and 124D.4532 must be paid by the state to the
recipient school district on August 30 of that year. The recipient school district must recognize
this aid in the previous fiscal year.
Sec. 44. Laws 2021, First Special Session chapter 13, article 1, section 9, is amended to read:
Sec. 9. ENGLISH
LEARNER CROSS SUBSIDY REDUCTION AID.
(a) Notwithstanding Minnesota Statutes,
section 124D.65, English learner aid is increased by $2,000,000 per year
for fiscal years year 2022, 2023, 2024, and 2025. The commissioner must allocate the aid to
each school district and charter school based on the school district's or
charter school's proportionate share of English learner and concentration
revenue under Minnesota Statutes, section 126C.10, subdivision 4, clauses (2)
and (3), for the preceding fiscal year.
(b) Revenue under this section must be used and reserved as basic skills revenue according to Minnesota Statutes, section 126C.15.
Sec. 45. Laws 2021, First Special Session chapter 13, article 1, section 9, the effective date, is amended to read:
EFFECTIVE
DATE. This section is effective for
revenue in fiscal year 2022 and expires at the end of fiscal year 2025.
Sec. 46. Laws 2021, First Special Session chapter 13, article 1, section 10, subdivision 2, is amended to read:
Subd. 2. General education aid. For general education aid under Minnesota Statutes, section 126C.13, subdivision 4:
|
|
$ |
. . . . . |
2022 |
|
|
$ |
. . . . . |
2023 |
The 2022 appropriation includes
$717,326,000 for 2021 and $6,851,940,000 $6,767,591,000 for 2022.
The
2023 appropriation includes $734,520,000 $751,955,000 for 2022
and $7,070,007,000 $7,110,147,000 for 2023.
Sec. 47. Laws 2021, First Special Session chapter 13, article 1, section 10, subdivision 5, is amended to read:
Subd. 5. Consolidation transition aid. (a) For districts consolidating under Minnesota Statutes, section 123A.485:
|
|
$309,000
|
. . . . . |
2022 |
|
|
$ |
. . . . . |
2023 |
(b) The 2022 appropriation includes $30,000 for 2021 and $279,000 for 2022.
(c) The 2023 appropriation includes
$31,000 for 2022 and $342,000 $1,151,000 for 2023.
(d) The 2023 appropriation includes 100
percent of the amount necessary to make the adjustment required under section
3.
Sec. 48. Laws 2021, First Special Session chapter 13, article 1, section 10, subdivision 6, is amended to read:
Subd. 6. Nonpublic pupil education aid. For nonpublic pupil education aid under Minnesota Statutes, sections 123B.40 to 123B.43 and 123B.87:
|
|
$ |
. . . . . |
2022 |
|
|
$ |
. . . . . |
2023 |
The 2022 appropriation includes $1,903,000
for 2021 and $15,088,000 $15,321,000 for 2022.
The 2023 appropriation includes $1,676,000
$1,702,000 for 2022 and $15,774,000 $19,004,000 for 2023.
Sec. 49. Laws 2021, First Special Session chapter 13, article 1, section 10, subdivision 11, is amended to read:
Subd. 11. English
learner cross subsidy reduction aid. (a)
For English learner cross subsidy reduction aid under section 9:
|
|
$2,000,000
|
. . . . . |
2022 |
|
|
|
|
|
(b) The base for English learner cross
subsidy reduction aid is $2,000,000 for fiscal year 2024, $2,000,000 for fiscal
year 2025, and $0 for fiscal year 2026 and later.
Sec. 50. LEGISLATIVE
WORKING GROUP ON IDENTIFYING THE APPROPRIATE STUDENT ELIGIBILITY METRIC FOR
CALCULATING COMPENSATORY REVENUE.
Subdivision 1. Membership;
chair. (a) The legislative
working group on compensatory revenue must consist of eight members as follows:
(1) four members of the house of
representatives, two members appointed by the speaker of the house and two
members appointed by the minority leader of the house of representatives; and
(2) four members of the senate, two
members appointed by the senate majority leader and two members appointed by
the senate minority leader.
(b) Appointing authorities must make
appointments by June 15, 2022.
(c) If a vacancy occurs, the
appointing authority for the vacated position must fill the vacancy.
(d) The speaker of the house and the
senate majority leader must each designate one working group member from each
respective body to serve as chair. The
chair must rotate after each meeting. The
person appointed as chair by the speaker of the house must convene the first
meeting of the working group by June 30, 2022.
(e) The working group is subject to
Minnesota Statutes, section 3.055.
Subd. 2. Duties. (a) The working group must study
requirements and practices to identify students whose families qualify as low
income for purposes of calculating compensatory revenue.
(b) The working group must solicit
input from the state demographer, the Department of Education, the Children's
Cabinet, the Department of Human Services, the Department of Revenue, school
districts and charter schools, county program managers implementing MNBenefits,
and other interested stakeholders as to the best methods to provide a direct match
for qualifying families.
(c) For purposes of calculating
compensatory revenue, the working group must consider the benefits and
disadvantages to the yearly application for free or reduced-price meals and
whether eligibility may be determined throughout the school year.
(d) The working group must examine the
effect of the Community Eligibility Provision program participation on
students' reported free and reduced-price meal eligibility. The working group must also consider whether
a simplified eligibility form could be used by students who attend Community
Eligibility Provision program sites.
Subd. 3. Assistance. (a) To the extent practicable, the
Department of Education must provide the working group with data necessary to
analyze proposals altering the way that students are counted for purposes of
calculating compensatory revenue.
(b) The Legislative Coordinating
Commission must provide technical and administrative assistance to the working
group upon request.
Subd. 4. Recommendations;
report. The working group
must issue a report to the governor and chairs and ranking minority members of
the legislative committees with jurisdiction over kindergarten through grade 12
education by June 30, 2023.
Subd. 5. Expiration. The working group expires July 1,
2023.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 51. APPROPRIATION;
COMPENSATORY REVENUE LEGISLATIVE WORKING GROUP.
$23,000 in fiscal year 2023 is
appropriated from the general fund to the director of the Legislative
Coordinating Commission for purposes of section 51.
Sec. 52. APPROPRIATION;
DECLINING ENROLLMENT AID.
(a) $25,000,000 in fiscal year 2023 is
appropriated from the general fund to the commissioner of education for
declining enrollment aid.
(b) A public school's decline in
enrollment equals the greater of zero or the difference between the fall 2020
enrollment and the fall 2021 enrollment.
(c) A public school's
declining enrollment aid equals the ratio of the school's decline in enrollment
in paragraph (b) to the statewide decline in enrollment times the amount
appropriated in paragraph (a).
(d) For purposes of this section,
"public school" means a school district, charter school, or
cooperative unit under Minnesota Statutes, section 123A.24, subdivision 2.
(e) This aid is 100 percent payable in
fiscal year 2023.
Sec. 53. REPEALER.
Minnesota Statutes 2020, section
124D.4531, subdivision 3a, is repealed.
ARTICLE 2
EDUCATION EXCELLENCE
Section 1. Minnesota Statutes 2020, section 13.32, subdivision 3, is amended to read:
Subd. 3. Private data; when disclosure is permitted. Except as provided in subdivision 5, educational data is private data on individuals and shall not be disclosed except as follows:
(a) pursuant to section 13.05;
(b) pursuant to a valid court order;
(c) pursuant to a statute specifically authorizing access to the private data;
(d) to disclose information in health, including mental health, and safety emergencies pursuant to the provisions of United States Code, title 20, section 1232g(b)(1)(I) and Code of Federal Regulations, title 34, section 99.36;
(e) pursuant to the provisions of United States Code, title 20, sections 1232g(b)(1), (b)(4)(A), (b)(4)(B), (b)(1)(B), (b)(3), (b)(6), (b)(7), and (i), and Code of Federal Regulations, title 34, sections 99.31, 99.32, 99.33, 99.34, 99.35, and 99.39;
(f) to appropriate health authorities to the extent necessary to administer immunization programs and for bona fide epidemiologic investigations which the commissioner of health determines are necessary to prevent disease or disability to individuals in the public educational agency or institution in which the investigation is being conducted;
(g) when disclosure is required for institutions that participate in a program under title IV of the Higher Education Act, United States Code, title 20, section 1092;
(h) to the appropriate school district officials to the extent necessary under subdivision 6, annually to indicate the extent and content of remedial instruction, including the results of assessment testing and academic performance at a postsecondary institution during the previous academic year by a student who graduated from a Minnesota school district within two years before receiving the remedial instruction;
(i) to appropriate authorities as provided in United States Code, title 20, section 1232g(b)(1)(E)(ii), if the data concern the juvenile justice system and the ability of the system to effectively serve, prior to adjudication, the student whose records are released; provided that the authorities to whom the data are released submit a written request for the data that certifies that the data will not be disclosed to any other person except as authorized by law without the written consent of the parent of the student and the request and a record of the release are maintained in the student's file;
(j) to volunteers who are determined to have a legitimate educational interest in the data and who are conducting activities and events sponsored by or endorsed by the educational agency or institution for students or former students;
(k) to provide student recruiting information, from educational data held by colleges and universities, as required by and subject to Code of Federal Regulations, title 32, section 216;
(l) to the juvenile justice system if information about the behavior of a student who poses a risk of harm is reasonably necessary to protect the health or safety of the student or other individuals;
(m) with respect to Social Security numbers of students in the adult basic education system, to Minnesota State Colleges and Universities and the Department of Employment and Economic Development for the purpose and in the manner described in section 124D.52, subdivision 7;
(n) to the commissioner of education for purposes of an assessment or investigation of a report of alleged maltreatment of a student as mandated by chapter 260E. Upon request by the commissioner of education, data that are relevant to a report of maltreatment and are from charter school and school district investigations of alleged maltreatment of a student must be disclosed to the commissioner, including, but not limited to, the following:
(1) information regarding the student alleged to have been maltreated;
(2) information regarding student and employee witnesses;
(3) information regarding the alleged perpetrator; and
(4) what corrective or protective action was taken, if any, by the school facility in response to a report of maltreatment by an employee or agent of the school or school district;
(o) when the disclosure is of the final results of a disciplinary proceeding on a charge of a crime of violence or nonforcible sex offense to the extent authorized under United States Code, title 20, section 1232g(b)(6)(A) and (B) and Code of Federal Regulations, title 34, sections 99.31 (a)(13) and (14);
(p) when the disclosure is information
provided to the institution under United States Code, title 42, section 14071,
concerning registered sex offenders to the extent authorized under United
States Code, title 20, section 1232g(b)(7); or
(q) when the disclosure is to a parent of a
student at an institution of postsecondary education regarding the student's
violation of any federal, state, or local law or of any rule or policy of the
institution, governing the use or possession of alcohol or of a controlled
substance, to the extent authorized under United States Code, title 20, section
1232g(i), and Code of Federal Regulations, title 34, section 99.31 (a)(15), and
provided the institution has an information release form signed by the student
authorizing disclosure to a parent. The
institution must notify parents and students about the purpose and availability
of the information release forms. At a
minimum, the institution must distribute the information release forms at
parent and student orientation meetings.; or
(r) with Tribal Nations about Tribally
enrolled or descendant students so that the Tribal Nation and school district
or charter school can support the educational attainment of the student.
Sec. 2. Minnesota Statutes 2020, section 120A.22, subdivision 7, is amended to read:
Subd. 7. Education records. (a) A district, a charter school, or a nonpublic school that receives services or aid under sections 123B.40 to 123B.48 from which a student is transferring must transmit the student's educational records, within ten business days of a request, to the district, the charter school, or the nonpublic school in which the
student is enrolling. Districts, charter schools, and nonpublic schools that receive services or aid under sections 123B.40 to 123B.48 must make reasonable efforts to determine the district, the charter school, or the nonpublic school in which a transferring student is next enrolling in order to comply with this subdivision.
(b) A closed charter school must transfer the student's educational records, within ten business days of the school's closure, to the student's school district of residence where the records must be retained unless the records are otherwise transferred under this subdivision.
(c) A school district, a charter school, or a nonpublic school that receives services or aid under sections 123B.40 to 123B.48 that transmits a student's educational records to another school district or other educational entity, charter school, or nonpublic school to which the student is transferring must include in the transmitted records information about any formal suspension, expulsion, and exclusion disciplinary action, as well as pupil withdrawals, under sections 121A.40 to 121A.56. The transmitted records must include services a pupil needs to prevent the inappropriate behavior from recurring. The district, the charter school, or the nonpublic school that receives services or aid under sections 123B.40 to 123B.48 must provide notice to a student and the student's parent or guardian that formal disciplinary records will be transferred as part of the student's educational record, in accordance with data practices under chapter 13 and the Family Educational Rights and Privacy Act of 1974, United States Code, title 20, section 1232(g).
(d) Notwithstanding section 138.17, a principal or chief administrative officer must remove from a student's educational record and destroy a probable cause notice received under section 260B.171, subdivision 5, or paragraph (e), if one year has elapsed since the date of the notice and the principal or chief administrative officer has not received a disposition or court order related to the offense described in the notice. This paragraph does not apply if the student no longer attends the school when this one-year period expires.
(e) A principal or chief administrative officer who receives a probable cause notice under section 260B.171, subdivision 5, or a disposition or court order, must include a copy of that data in the student's educational records if they are transmitted to another school, unless the data are required to be destroyed under paragraph (d) or section 121A.75.
Sec. 3. Minnesota Statutes 2020, section 120A.22, subdivision 9, is amended to read:
Subd. 9. Knowledge and skills. Instruction must be provided in at least the following subject areas:
(1) basic communication skills including reading and writing, literature, and fine arts;
(2) mathematics and science;
(3) social studies including history,
geography, economics, government, and citizenship; and
(4) health and physical education.;
and
(5) ethnic studies.
Instruction, textbooks, and materials must be in the English language. Another language may be used pursuant to sections 124D.59 to 124D.61.
Sec. 4. Minnesota Statutes 2020, section 120B.018, subdivision 6, is amended to read:
Subd. 6. Required
standard. "Required
standard" means (1) a statewide adopted expectation for student learning
in the content areas of language arts, mathematics, science, social studies,
physical education, and the arts, or (2) a locally adopted expectation for
student learning in health or the arts.
Sec. 5. Minnesota Statutes 2020, section 120B.021, subdivision 1, is amended to read:
Subdivision 1. Required academic standards. (a) The following subject areas are required for statewide accountability:
(1) language arts;
(2) mathematics;
(3) science;
(4) social studies, including history, geography, economics, and government and citizenship that includes civics consistent with section 120B.02, subdivision 3;
(5) physical education;
(6) health, for which locally developed academic standards apply; and
(7) the arts, for which statewide or
locally developed academic standards apply, as determined by the school
district. Public elementary and
middle schools must offer at least three and require at least two of the
following four five arts areas:
media arts, dance;, music;, theater;,
and visual arts. Public high schools
must offer at least three and require at least one of the following five arts
areas: media arts;, dance;,
music;, theater;, and visual arts.
(b) For purposes of applicable federal law, the academic standards for language arts, mathematics, and science apply to all public school students, except the very few students with extreme cognitive or physical impairments for whom an individualized education program team has determined that the required academic standards are inappropriate. An individualized education program team that makes this determination must establish alternative standards.
(c) The department must adopt the most recent SHAPE America (Society of Health and Physical Educators) kindergarten through grade 12 standards and benchmarks for physical education as the required physical education academic standards. The department may modify and adapt the national standards to accommodate state interest. The modification and adaptations must maintain the purpose and integrity of the national standards. The department must make available sample assessments, which school districts may use as an alternative to local assessments, to assess students' mastery of the physical education standards beginning in the 2018-2019 school year.
(d) A school district may include child sexual abuse prevention instruction in a health curriculum, consistent with paragraph (a), clause (6). Child sexual abuse prevention instruction may include age-appropriate instruction on recognizing sexual abuse and assault, boundary violations, and ways offenders groom or desensitize victims, as well as strategies to promote disclosure, reduce self-blame, and mobilize bystanders. A school district may provide instruction under this paragraph in a variety of ways, including at an annual assembly or classroom presentation. A school district may also provide parents information on the warning signs of child sexual abuse and available resources.
(e) District efforts to develop, implement, or improve instruction or curriculum as a result of the provisions of this section must be consistent with sections 120B.10, 120B.11, and 120B.20.
Sec. 6. Minnesota Statutes 2020, section 120B.021, subdivision 2, is amended to read:
Subd. 2. Standards development. (a) The commissioner must consider advice from at least the following stakeholders in developing statewide rigorous core academic standards in language arts, mathematics, science, social studies, including history, geography, economics, government and citizenship, and the arts:
(1) parents of school-age children and members of the public throughout the state;
(2) teachers throughout the state currently licensed and providing instruction in language arts, mathematics, science, social studies, or the arts and licensed elementary and secondary school principals throughout the state currently administering a school site;
(3) currently serving members of local school boards and charter school boards throughout the state;
(4) faculty teaching core subjects at
postsecondary institutions in Minnesota; and
(5) representatives of the Minnesota
business community.;
(6) representatives from the Tribal
Nations Education Committee and Minnesota's Tribal Nations and communities,
including both Anishinaabe and Dakota;
(7)
youth currently enrolled in kindergarten through grade 12 school districts and
charter schools in Minnesota; and
(8) other stakeholders that represent
the ethnic, racial, and geographic diversity of Minnesota, including diversity
of gender and sexual orientation, immigrant status, and religious and
linguistic background.
(b) Academic standards must:
(1) be clear, concise, objective, measurable, and grade-level appropriate;
(2) not require a specific teaching methodology or curriculum; and
(3) be consistent with the Constitutions of the United States and the state of Minnesota.
Sec. 7. Minnesota Statutes 2020, section 120B.021, subdivision 3, is amended to read:
Subd. 3. Rulemaking. The commissioner, consistent with the requirements of this section and section 120B.022, must adopt statewide rules under section 14.389 for implementing statewide rigorous core academic standards in language arts, mathematics, science, social studies, physical education, and the arts. After the rules authorized under this subdivision are initially adopted, the commissioner may not amend or repeal these rules nor adopt new rules on the same topic without specific legislative authorization unless done pursuant to subdivision 4.
Sec. 8. Minnesota Statutes 2020, section 120B.021, subdivision 4, is amended to read:
Subd. 4. Revisions
and reviews required. (a) The
commissioner of education must revise and appropriately embed Indigenous
education standards that include the contributions of American Indian Tribes
and communities into the state's academic standards and graduation requirements. These standards must be consistent with
recommendations from the Tribal Nations Education Committee.
(b) The commissioner of education must revise and embed technology and information literacy standards consistent with recommendations from school media specialists into the state's academic standards and graduation requirements and implement a ten-year cycle to review and, consistent with the review, revise state academic standards and related benchmarks, consistent with this subdivision. During each ten-year review and revision cycle, the commissioner also must examine the alignment of each required academic standard and related benchmark with the knowledge and skills students need for career and college readiness and advanced work in the particular subject area.
(c) The commissioner must include
the contributions of Minnesota American Indian tribes and communities as
related to the embed ethnic studies into the state's academic
standards during the review and revision of the required academic standards.
(b) (d) The commissioner must
ensure that the statewide mathematics assessments administered to students in
grades 3 through 8 and 11 are aligned with the state academic standards in
mathematics, consistent with section 120B.30, subdivision 1, paragraph (b). The commissioner must implement a review of
the academic standards and related benchmarks in mathematics beginning in the
2021-2022 school year and every ten years thereafter.
(c) (e) The commissioner
must implement a review of the academic standards and related benchmarks in
arts beginning in the 2017-2018 school year and every ten years thereafter.
(d) (f) The commissioner
must implement a review of the academic standards and related benchmarks in
science beginning in the 2018-2019 school year and every ten years thereafter.
(e) (g) The commissioner
must implement a review of the academic standards and related benchmarks in
language arts beginning in the 2019-2020 school year and every ten years
thereafter.
(f) (h) The commissioner
must implement a review of the academic standards and related benchmarks in
social studies beginning in the 2020-2021 school year and every ten years
thereafter.
(g) (i) The commissioner
must implement a review of the academic standards and related benchmarks in
physical education beginning in the 2022-2023 2026-2027 school
year and every ten years thereafter.
(h) (j) School districts and
charter schools must revise and align local academic standards and high school
graduation requirements in health, world languages, and career and technical
education to require students to complete the revised standards beginning in a
school year determined by the school district or charter school. School districts and charter schools must
formally establish a periodic review cycle for the academic standards and
related benchmarks in health, world languages, and career and technical
education.
Sec. 9. Minnesota Statutes 2020, section 120B.022, subdivision 1, is amended to read:
Subdivision 1. Elective
standards. A district must establish
and regularly review its own standards in for career and
technical education programs. Standards
must align with Minnesota career and technical education frameworks, standards
developed by national career and technical education organizations, or
recognized industry standards. A
district must use the current world languages standards developed by the
American Council on the Teaching of Foreign Languages. A school district must offer courses in all
elective subject areas.
Sec. 10. Minnesota Statutes 2020, section 120B.024, subdivision 1, is amended to read:
Subdivision 1. Graduation
requirements. (a) Students beginning
9th grade in the 2011-2012 school year and later must successfully complete
the following high school level credits for graduation:
(1) four credits of language arts sufficient to satisfy all of the academic standards in English language arts;
(2) three credits of mathematics, including an algebra II credit or its equivalent, sufficient to satisfy all of the academic standards in mathematics;
(3) an algebra I credit by the end of 8th grade sufficient to satisfy all of the 8th grade standards in mathematics;
(4) three credits of science, including at least one credit of biology, one credit of chemistry or physics, and one elective credit of science. The combination of credits under this clause must be sufficient to satisfy (i) all of the academic standards in either chemistry or physics and (ii) all other academic standards in science;
(5) three and one-half credits of social studies, including credit for a course in government and citizenship in either 11th or 12th grade for students beginning 9th grade in the 2023-2024 school year and later or an advanced placement, international baccalaureate, or other rigorous course on government and citizenship under section 120B.021, subdivision 1a, and a combination of other credits encompassing at least United States history, geography, ethnic studies, government and citizenship, world history, and economics sufficient to satisfy all of the academic standards in social studies;
(6) one credit of the arts sufficient to
satisfy all of the state or local academic standards in the arts; and
(7) a minimum of seven elective credits.
(b) A school district is encouraged to
offer a course for credit in government and citizenship to 11th or 12th grade
students who begin 9th grade in the 2020-2021 school year and later, that
satisfies the government and citizenship requirement in paragraph (a), clause
(5). A school district must offer the
course starting in the 2023‑2024 school year.
(c) A student beginning 9th grade in the
2023-2024 school year and later must successfully complete a personal finance
course for one-half credit during the student's senior year of high school. The course must include but is not limited to
the following topics: creating a
household budget; taking out loans and accruing debt, including how interest
works; home mortgages; how to file taxes; the impact of student loan debt; and
how to read a paycheck and payroll deductions.
A district may provide a personal finance course through in-person
instruction, distance instruction, or a combination of in-person and distance
instruction. The personal finance course
may satisfy a social studies requirement, a career and technical education
requirement in accordance with local standards, or other credit requirement, as
determined by the school board.
EFFECTIVE
DATE. This section is
effective July 1, 2022. The addition of
ethnic studies to the social studies credit requirement is effective for
students entering grade 9 in the 2024-2025 school year.
Sec. 11. Minnesota Statutes 2020, section 120B.024, subdivision 2, is amended to read:
Subd. 2. Credit
equivalencies. (a) A one-half credit
of economics taught in a school's agriculture agricultural, food, and
natural resources education or business department education
program may fulfill a one-half credit in social studies under subdivision
1, clause (5), if the credit is sufficient to satisfy all of the academic
standards in economics.
(b) An agriculture science or career and technical education credit may fulfill the elective science credit required under subdivision 1, clause (4), if the credit meets the state physical science, life science, earth and space science, chemistry, or physics academic standards or a combination of these academic standards as approved by the district. An agriculture or career and technical education credit may fulfill the credit in chemistry or physics required under subdivision 1, clause (4), if the credit meets the state chemistry or physics academic standards as approved by the district. A student must satisfy either all of the chemistry academic standards or all of the physics academic standards prior to graduation. An agriculture science or career and technical education credit may not fulfill the required biology credit under subdivision 1, clause (4).
(c) A career and technical education credit may fulfill a mathematics or arts credit requirement under subdivision 1, clause (2) or (6).
(d) An agriculture agricultural,
food, and natural resources education teacher is not required to meet the
requirements of Minnesota Rules, part 3505.1150, subpart 1 2,
item B, to meet the credit equivalency requirements of paragraph (b) above.
(e) A computer science credit may fulfill a mathematics credit requirement under subdivision 1, clause (2), if the credit meets state academic standards in mathematics.
(f) A Project Lead the Way credit may fulfill a science or mathematics credit requirement under subdivision 1, clause (2) or (4), if the credit meets the state academic standards in science or mathematics.
Sec. 12. [120B.025]
ETHNIC STUDIES CURRICULUM.
(a) "Ethnic studies" means
the critical and interdisciplinary study of race, ethnicity, and indigeneity
with a focus on the experiences and perspectives of people of color within and
beyond the United States. Ethnic studies
analyzes the ways in which race and racism have been and continue to be
powerful social, cultural, and political forces, and the connections of race to
the stratification of other groups, including stratification based on gender,
class, sexual orientation, gender identity, disability, and legal status.
(b) Ethnic studies curriculum may be
integrated into existing curricular opportunities or provided through
additional curricular offerings.
Sec. 13. [120B.0251]
ETHNIC STUDIES.
Subdivision 1. Definition. "Ethnic studies" has the
meaning provided in section 120B.025.
Subd. 2. Requirements. (a) A student beginning grade 9 in the
2024-2025 school year and later must successfully complete a semester-long
ethnic studies course to graduate from high school. The course must meet the minimum requirements
of the model curriculum under subdivision 6.
A district or charter school must offer an ethnic studies course that
fulfills the requirements of this paragraph without increasing the number of
credits required for graduation under section 120B.024.
(b) School districts and charter
schools must provide ethnic studies instruction in elementary schools and
middle schools by the 2025-2026 school year in accordance with Department of
Education rules on ethnic studies.
(c) Ethnic studies instruction must
meet statewide academic standards for ethnic studies curriculum.
(d) An ethnic studies course may focus
specifically on a particular group of national or ethnic origin, including
Hmong Studies or Somali Studies.
Subd. 3. Rulemaking. The commissioner of education must
adopt rules for statewide academic standards for ethnic studies curriculum to
be required for all kindergarten through grade 12 students. The rules must include a process for
implementing standards statewide.
Subd. 4. School
needs assessment. (a) A
school district or charter school must conduct an ethnic studies school needs
assessment with students, parents or guardians, and community members to
determine the priorities for course selection, implementation, and timeline. The ethnic studies school needs assessment
must include qualitative and quantitative components. Qualitative priorities must include a schoolwide
listening session or feedback forum with students, parents or guardians, and
community members. Quantitative
priorities must include a school survey.
(b)
A school district or charter school must annually evaluate the implementation
of ethnic studies instruction by seeking feedback from students, parents or
guardians, and community members. A
school district or charter school must report to the commissioner of education
in the form and manner determined by the commissioner on plans to modify implementation
based on the annual evaluation.
Subd. 5. Department
of Education. (a) The
Department of Education must hire dedicated ethnic studies staff sufficient to
fulfill the following department duties:
(1) monitor school district and charter
school implementation of ethnic studies courses that fulfill ethnic studies
standards;
(2) support school districts and charter
schools in providing training for teachers and school district staff to
successfully implement ethnic studies standards;
(3) require each school district or
charter school to annually evaluate the implementation of the ethnic studies
requirements by seeking feedback from students, parents or guardians, and
community members;
(4) encourage school districts and
charter schools to hire a dedicated coordinator for ethnic studies
implementation with support from the Department of Education; and
(5) make available to school districts
and charter schools the following:
(i) an ethnic studies school survey for
each school district and charter school to use as part of a school needs
assessment;
(ii) a list of recommended materials,
resources, sample curricula, and pedagogical skills for use in kindergarten
through grade 12 that accurately reflect the diversity of the state of
Minnesota;
(iii) training materials for teachers,
district staff, and school staff, including an ethnic studies coordinator, to
implement ethnic studies requirements, including a school needs assessment; and
(iv) other resources to assist districts
and charter schools in successfully implementing ethnic studies standards.
(b) The commissioner must review and
revise the ethnic studies standards, once adopted, every ten years. Review and revision of the state standards
must include robust community engagement and consultation with stakeholders.
Subd. 6. Model
curriculum. (a) The
Department of Education must encourage school districts and charter schools to
use the model curriculum identified by the Ethnic Studies Task Force and to use
materials authored by members of the community that is the subject of the
course. The model curriculum must:
(1) use various forms of pedagogy to
meet all students' needs, including participatory or research-based models for
real-world connections to the current society;
(2) include a power, race, class, and
gender analysis as part of the course via literature, discussion, classwork,
and homework as it relates to ethnic studies courses; and
(3) include an intersectional analysis
of climate, health, food, housing, education, and policy.
(b) The model ethnic studies curriculum
must include the following topics:
(1) Latinx studies;
(2) African American studies;
(3) Asian American studies;
(4) Indigenous or First Nation studies;
or
(5) introduction to ethnic studies.
EFFECTIVE
DATE. This section is
effective July 1, 2022, except subdivision 3, which is effective the day
following final enactment.
Sec. 14. Minnesota Statutes 2020, section 120B.026, is amended to read:
120B.026
PHYSICAL EDUCATION; EXCLUSION EXCUSAL FROM CLASS; RECESS.
A student may be excused from a physical
education class if the student submits written information signed by a
physician stating that physical activity will jeopardize the student's health. A student may be excused from a physical education
class if being excused meets the child's unique and individualized needs
according to the child's individualized education program, federal 504 plan, or
individualized health plan. A student
may be excused if a parent or guardian requests an exemption on religious
grounds. A student with a disability
must be provided with modifications or adaptations that allow physical
education class to meet their needs. Schools
are strongly encouraged not to exclude students in kindergarten through grade 5
from recess due to punishment or disciplinary action.
EFFECTIVE
DATE. This section is
effective July 1, 2022.
Sec. 15. Minnesota Statutes 2020, section 120B.11, subdivision 1, is amended to read:
Subdivision 1. Definitions. For the purposes of this section and section 120B.10, the following terms have the meanings given them.
(a) "Instruction" means methods of providing learning experiences that enable a student to meet state and district academic standards and graduation requirements including applied and experiential learning.
(b) "Curriculum" means district or school adopted programs and written plans for providing students with learning experiences that lead to expected knowledge and skills and career and college readiness.
(c) "World's best workforce" means striving to: meet school readiness goals; have all third grade students achieve grade-level literacy; close the academic achievement gap among all racial and ethnic groups of students and between students living in poverty and students not living in poverty; have all students attain career and college readiness before graduating from high school; and have all students graduate from high school.
(d) "Experiential learning" means learning for students that includes career exploration through a specific class or course or through work-based experiences such as job shadowing, mentoring, entrepreneurship, service learning, volunteering, internships, other cooperative work experience, youth apprenticeship, or employment.
(e) "Ethnic studies" has the
meaning provided in section 120B.025.
(f) "Antiracist" means
actively working to identify and eliminate racism in all forms so that power
and resources are redistributed and shared equitably among racial groups.
(g)
"Culturally sustaining" means integrating content and practices that
infuse the culture and language of Black, Indigenous, and People of Color
communities who have been and continue to be harmed and erased through
schooling.
(h) "Institutional racism"
means structures, policies, and practices within and across institutions that
produce outcomes that chronically favor white people and disadvantage those who
are Black, Indigenous, and People of Color.
(i) "On track for graduation"
means that at the end of grade 9, a student has earned at least five credits
and has received no more than one failing grade in a term in a language arts,
mathematics, science, or social studies course that fulfills a credit
requirement under section 120B.024. A
student is off track for graduation if the student fails to meet either of
these criteria.
Sec. 16. Minnesota Statutes 2020, section 120B.11, subdivision 1a, is amended to read:
Subd. 1a. Performance measures. (a) Measures to determine school district and school site progress in striving to create the world's best workforce must include at least:
(1) the size of the academic achievement gap, rigorous course taking under section 120B.35, subdivision 3, paragraph (c), clause (2), participation in honors or gifted and talented programming, and enrichment experiences by student subgroup;
(2) student performance on the Minnesota Comprehensive Assessments;
(3) high school graduation rates; and
(4) career and college readiness under
section 120B.30, subdivision 1.; and
(5) the number and percentage of
students, by student subgroup, who are on track for graduation.
(b) A school district that offers
advanced placement, international baccalaureate, or dual enrollment programs
must report on the following performance measures starting in the 2023-2024
school year:
(1) participation in postsecondary
enrollment options and concurrent enrollment programs;
(2) the number of students who took an
advanced placement exam and the number of students who passed the exam; and
(3) the number of students who took the
international baccalaureate exam and the number of students who passed the
exam.
(c) Performance measures under this
subdivision must be reported for all student subgroups identified in section
120B.35, subdivision 3, paragraph (b), clause (2).
EFFECTIVE
DATE. This section is
effective July 1, 2022.
Sec. 17. Minnesota Statutes 2020, section 120B.11, subdivision 2, is amended to read:
Subd. 2. Adopting
plans and budgets. A school board,
at a public meeting, shall must adopt a comprehensive, long-term
strategic plan to support and improve teaching and learning that is aligned
with creating the world's best workforce and includes:
(1) clearly defined district and school site goals and benchmarks for instruction and student achievement for all student subgroups identified in section 120B.35, subdivision 3, paragraph (b), clause (2);
(2) a process to: assess and evaluate each student's
progress toward meeting state and local academic standards,;, and; adopt early-admission
procedures consistent with section 120B.15,; assess ethnic studies
curriculum needs to determine priorities for integrating ethnic studies into
existing courses or developing new courses; and identifying identify
the strengths and weaknesses of instruction in pursuit of student and school
success and curriculum affecting students' progress and growth toward career
and college readiness and leading to the world's best workforce;
(3) a system to periodically review and evaluate the effectiveness of all instruction and curriculum, including ethnic studies curriculum, taking into account strategies and best practices, student outcomes, school principal evaluations under section 123B.147, subdivision 3, students' access to effective teachers who are members of populations underrepresented among the licensed teachers in the district or school and who reflect the diversity of enrolled students under section 120B.35, subdivision 3, paragraph (b), clause (2), and teacher evaluations under section 122A.40, subdivision 8, or 122A.41, subdivision 5;
(4) strategies for improving instruction,
curriculum, and student achievement, including:
(i) the English and, where
practicable, the native language development and the academic achievement of
English learners; and
(ii) access to ethnic studies
curriculum using culturally responsive methodologies for all learners;
(5) a process to examine the equitable
distribution of teachers and strategies to ensure children in low-income
and minority families, children in families of people of
color, and children in American Indian families are not taught at higher
rates than other children by inexperienced, ineffective, or out-of-field
teachers;
(6) education effectiveness practices that:
(i) integrate high-quality
instruction, rigorous curriculum, technology, and curriculum that is
rigorous, accurate, antiracist, and culturally sustaining;
(ii) ensure learning and work
environments validate, affirm, embrace, and integrate cultural and community
strengths for all students, families, and employees; and
(iii) provide a collaborative
professional culture that develops and supports seeks to retain
qualified, racially and ethnically diverse staff effective at working with
diverse students while developing and supporting teacher quality,
performance, and effectiveness; and
(7) an annual budget for continuing to
implement the district plan.; and
(8) identifying a list of suggested and
required materials, resources, sample curricula, and pedagogical skills for use
in kindergarten through grade 12 that accurately reflect the diversity of the
state of Minnesota.
EFFECTIVE
DATE. This section is
effective for all strategic plans reviewed and updated after June 30, 2023.
Sec. 18. Minnesota Statutes 2020, section 120B.11, subdivision 3, is amended to read:
Subd. 3. District
advisory committee. Each school
board shall must establish an advisory committee to ensure active
community participation in all phases of planning and improving the instruction
and curriculum affecting state and district academic standards, consistent with
subdivision 2. A district advisory
committee, to the extent possible, shall must reflect the
diversity of the district and its school sites, include teachers, parents,
support staff, students, and other community residents, and provide translation
to the extent appropriate and practicable.
The
district
advisory committee shall must pursue community support to
accelerate the academic and native literacy and achievement of English learners
with varied needs, from young children to adults, consistent with section
124D.59, subdivisions 2 and 2a. The
district may establish site teams as subcommittees of the district advisory
committee under subdivision 4. The
district advisory committee shall must recommend to the school
board: rigorous academic
standards,; student achievement goals and measures consistent
with subdivision 1a and sections 120B.022, subdivisions 1a and 1b, and 120B.35,;
district assessments,; means to improve students' equitable
access to effective and more diverse teachers,; strategies to ensure
the curriculum is rigorous, accurate, antiracist, and culturally sustaining;
strategies to ensure that curriculum and learning and work environments
validate, affirm, embrace, and integrate the cultural and community strengths
of all racial and ethnic groups; and program evaluations. School sites may expand upon district
evaluations of instruction, curriculum, assessments, or programs. Whenever possible, parents and other
community residents shall must comprise at least two-thirds of
advisory committee members.
Sec. 19. [120B.113]
CLOSING EDUCATIONAL OPPORTUNITY GAPS GRANTS.
Subdivision 1. Grant
program established. The
commissioner of education must establish a grant program to support implementation
of world's best workforce strategies under section 120B.11, subdivision 2,
clauses (4) and (6), and collaborative efforts that address opportunity gaps
resulting from curricular, environmental, and structural inequities in schools
experienced by students, families, and staff who are of color or who are
American Indian.
Subd. 2. Definitions. (a) For purposes of this section, the
following terms have the meanings given.
(b) "Antiracist" means
actively working to identify and eliminate racism in all forms so that power
and resources are redistributed and shared equitably among racial groups.
(c) "Curricular" means
curriculum resources used and content taught as well as access to levels of
coursework or types of learning opportunities.
(d) "Environmental" means
relating to the climate and culture of a school.
(e) "Equitable" means
fairness by providing curriculum, instruction, support, and other resources for
learning based on the needs of individual students and groups of students to
succeed at school rather than treating all students the same despite the
students having different needs.
(f) "Institutional racism"
means policies and practices within and across institutions that produce
outcomes that chronically favor white people and disadvantage those who are
Black, Indigenous, and People of Color.
(g) "Opportunity gap" means
the inequitable distribution of resources that impacts inequitable
opportunities that contribute to or perpetuate learning gaps for certain groups
of students.
(h) "Structural" means
relating to the organization and systems of a school that have been created to
manage a school.
Subd. 3. Applications
and grant awards. The
commissioner must determine application procedures and deadlines, select
districts and charter schools to participate in the grant program, and
determine the award amount and payment process of the grants. To the extent that there are sufficient
applications, the commissioner must award an approximately equal number of
grants between districts in greater Minnesota and those in the Twin Cities
metropolitan area. If there are an
insufficient number of applications received for either geographic area, then
the commissioner may award grants to meet the requests for funds wherever a
district is located.
Subd. 4. Description. The grant program must provide funding
that supports collaborative efforts that close opportunity gaps by:
(1) ensuring school environments and
curriculum validate, affirm, embrace, and integrate cultural and community
strengths of students, families, and employees from all racial and ethnic
backgrounds; and
(2) addressing institutional racism
with equitable school policies, structures, practices, and curricular
offerings, consistent with the requirements for long-term plans under section
124D.861, subdivision 2, paragraph (c).
Subd. 5. Report. Grant recipients must annually report
to the commissioner by a date and in a form and manner determined by the
commissioner on efforts planned and implemented that engaged students, families,
educators, and community members of diverse racial and ethnic backgrounds in
making improvements to school climate and curriculum. The report must assess the impact of those
efforts as perceived by racially and ethnically diverse stakeholders, and must
identify any areas needed for further continuous improvement. The commissioner must publish a report for
the public summarizing the activities of grant recipients and what was done to
promote sharing of effective practices among grant recipients and potential
grant applicants.
EFFECTIVE
DATE. This section is
effective July 1, 2022.
Sec. 20. Minnesota Statutes 2020, section 120B.12, is amended to read:
120B.12
READING PROFICIENTLY NO LATER THAN THE END OF GRADE 3.
Subdivision 1. Literacy
goal. The legislature seeks to have
every child reading at or above grade level beginning in kindergarten and
no later than the end of grade 3, including English learners, and that teachers
provide comprehensive, scientifically based evidence-based
reading instruction through a multitiered system of support and based in the
science of reading by 2027. Instruction
must focus on student mastery of the foundational reading skills of phonemic
awareness, phonics, and fluency, as well as the development of oral language
and vocabulary and reading comprehension skills. Students must receive evidenced-based
instruction based in the science of reading that is proven to effectively teach
children to read consistent with section 122A.06, subdivision 4.
Subd. 2. Identification;
report. (a) Each school district
must identify before the end of kindergarten, grade 1, and grade 2 all students
who are not reading at grade level demonstrating mastery of
foundational reading skills, including phonemic awareness, phonics, decoding,
and fluency, using a screening tool approved by the Department of Education. Students identified as not reading at
grade level demonstrating mastery of foundational reading skills by
the end of kindergarten, grade 1, and grade 2 must be screened, in a locally
determined manner using a tool approved by the Department of Education,
for characteristics of dyslexia and screening data must be submitted to the
Department of Education in the form and manner prescribed by the commissioner.
(b) Students in grade 3 or higher who
demonstrate a reading difficulty to a classroom teacher must be screened, in
a locally determined manner using a tool approved by the Department of
Education, for deficits in foundational reading skills and
characteristics of dyslexia, unless a different reason for the reading
difficulty has been identified.
(c) Reading assessments in English, and in
the predominant languages of district students where practicable, must identify
and evaluate students' areas of academic need related to literacy. The district also must monitor the progress
and provide reading instruction appropriate to the specific needs of English
learners. The district must use a
locally adopted, tools approved by the Department of Education that are
developmentally appropriate, and culturally responsive assessment assessments
and annually report summary assessment results to the commissioner by July 1.
(d) The district also must annually report to the commissioner by December 15 and July 1 a summary of the district's efforts to screen and identify students who demonstrate characteristics of dyslexia using screening tools approved by the Department of Education such as those recommended by the department's dyslexia specialist. With respect to students screened or identified under paragraph (a), the report must include:
(1) a summary of the district's efforts to screen for dyslexia;
(2) the number of students screened for that reporting year; and
(3) the number of students demonstrating characteristics of dyslexia for that year.
(e) A student identified under this subdivision must be provided with alternate instruction under section 125A.56, subdivision 1.
Subd. 2a. Parent
notification and involvement. Schools,
at least annually on a quarterly basis, must give the parent of
each student who is not reading at or above grade level timely information
about:
(1) the student's reading proficiency,
including student performance on foundational reading skills and whether the
student has been identified as demonstrating characteristics of dyslexia, as
measured by a locally adopted assessment tool approved by the
Department of Education;
(2) reading-related services currently being provided within a multitiered system of support framework to the student, specific curricula being used, the training and licensure of the teacher providing these services, how these services address identified skill deficits, and how the student's progress will be monitored; and
(3) strategies for parents to use at home in helping their student succeed in becoming grade-level proficient in reading in English and in their native language.
A district may not use this section to deny a student's right to a special education evaluation.
Subd. 3. Intervention. (a) For each student identified under
subdivision 2, the district shall provide reading intervention to accelerate
student growth and reach the goal of reading at or above grade level by the end
of the current grade and school year. If
a student does not read at or above grade level by the end of grade 3 the
current school year, the district must continue to provide reading
intervention until the student reads at grade level. District intervention methods shall
encourage must include family engagement and, where possible,
collaboration with appropriate school and community programs that specialize
in evidence-based instructional practices based in the science of reading and
emphasis on mastery of foundational reading skills, including phonemic
awareness, phonics, decoding, and fluency.
Intervention methods must be taught by a certified or licensed
reading specialist and may include, but are not limited to, requiring
attendance in summer school, intensified reading instruction that may require
that the student be removed from the regular classroom for part of the school
day, extended-day programs, or programs that strengthen students' cultural
connections.
(b) A school district or charter school is
strongly encouraged to must provide a personal learning plan for a
student who is unable to demonstrate grade-level proficiency, as measured by the
statewide reading assessment in grade 3 state-approved progress
monitoring tools in kindergarten through grade 3. The district or charter school must determine
the format of the personal learning plan in collaboration with the student's
educators and other appropriate professionals.
The school must develop the learning plan in consultation with the
student's parent or guardian. The
personal learning plan must address knowledge gaps and skill deficiencies
through strategies such as specific exercises and practices during and outside
of the regular school day, periodic assessments, and reasonable timelines. The personal learning plan may include
grade retention, if it is in the student's best interest. A school must maintain and regularly update
and modify the personal learning plan until the student reads at grade level. This paragraph does not apply to a student
under an individualized education program.
Subd. 4. Staff development. Each district shall use the data under subdivision 2 to identify the staff development needs so that:
(1) elementary teachers and early childhood educators, where appropriate, are able to implement comprehensive, scientifically based reading and oral language instruction based in the science of reading. Instruction provided by elementary teachers must include explicit, systematic instruction in the five reading areas of phonemic awareness, phonics, fluency, vocabulary, and comprehension as defined in section 122A.06, subdivision 4, and other literacy‑related areas including writing until the student achieves grade-level reading proficiency. Instruction provided by early childhood educators must include explicit, systematic instruction in phonological and phonemic awareness, oral language, including listening comprehension and vocabulary, and letter-sound correspondence;
(2) elementary teachers and early childhood educators, where appropriate, have sufficient training to provide comprehensive, scientifically based reading and oral language instruction based in the science of reading that meets students' developmental, linguistic, and literacy needs, including foundational reading skills, using the intervention methods or programs selected by the district for the identified students;
(3) licensed teachers employed by the
district have regular opportunities to improve reading and writing instruction
by July 1, 2027, all public school kindergarten through grade 3 teachers and
support staff employed by the school district must be offered training and
provided ongoing coaching in the science of reading using a training program
approved by the Department of Education and must be funded with literacy
incentive aid received annually by districts under section 124D.98;
(4) licensed teachers recognize students' diverse needs in cross-cultural settings and are able to serve the oral language and linguistic needs of students who are English learners by maximizing strengths in their native languages in order to cultivate students' English language development, including oral academic language development, and build academic literacy; and
(5) licensed teachers are well trained in culturally responsive pedagogy that enables students to master content, develop skills to access content, and build relationships.
Subd. 4a. Local
literacy plan. (a) Consistent with
this section, a school district must adopt submit a local
literacy plan using the template provided by the Department of Education,
to have every child in kindergarten through grade 3 developing early
literacy skills and reading at or above grade level no later than the end
of grade 3, including English learners. The
plan must be consistent with section 122A.06, subdivision 4, and include the
following:
(1) a process within a multitiered
system of support framework to assess students' level of reading
proficiency and data to support the effectiveness of an assessment used to
screen and identify a student's level of reading proficiency foundational
reading skills that are characteristic of dyslexia;
(2) a process to notify and involve partner
with parents to promote developmentally appropriate and culturally
relevant language and literacy support at home;
(3) a description of the data-based
decision-making process within the multitiered system of support framework for
how schools in the district will determine the proper appropriate
reading instruction and intervention strategy for a student to
meet the identified student's needs and the progress monitoring
process for intensifying or modifying the reading strategy instruction
and intervention in order to obtain measurable reading progress;
(4) a process within a multitiered
system of support framework to implement explicit, systematic, evidence‑based
intervention methods based in the science of reading for students who demonstrate
foundational reading skills deficits or are not reading at or above grade
level and progress monitoring to provide information on the effectiveness of
the intervention. Intervention
methods may not include the three-cueing system. Progress monitoring must be completed to
provide information on the effectiveness of the intervention; and
(5)
a process to screen and identify students with characteristics of dyslexia as
required by section 120B.12; and
(5) (6) identification of
staff development needs, including a program plan to meet those
needs.
(b) The district must post its literacy plan on the official school district website.
Subd. 5. Commissioner. The commissioner shall recommend to
districts multiple assessment tools provide a menu of state-approved
assessment tools that are aligned to the English language arts state academic
standards and to early childhood indicators of progress to assist districts
and teachers with identifying students under subdivision 2. The commissioner shall also make available examples
of nationally recognized and research-based instructional methods or programs
to districts to provide opportunities for teachers to be trained in the
science of reading in order to ensure the instruction being provided is comprehensive,
scientifically based reading instruction and intervention under this section.
Sec. 21. Minnesota Statutes 2020, section 120B.15, is amended to read:
120B.15
GIFTED AND TALENTED STUDENTS PROGRAMS AND SERVICES.
(a) School districts may identify students, locally develop programs and services addressing instructional and affective needs, provide staff development, and evaluate programs and services to provide gifted and talented students with challenging and appropriate educational programs and services.
(b) School districts must adopt guidelines for assessing and identifying students for participation in gifted and talented programs and services consistent with section 120B.11, subdivision 2, clause (2). The guidelines should include the use of:
(1) multiple and objective criteria; and
(2) assessments and procedures that are valid
and reliable, fair, and based on current theory and research. Assessments and procedures should must
be sensitive and equitable to underrepresented groups, including, but
not limited to, low-income students, minority students of
color and American Indian students, twice-exceptional students, students
with 504 plans, and English learners.
Assessments and procedures must be coordinated to allow for optimal
identification of programs or services for underrepresented groups.
(c) School districts must adopt procedures for the academic acceleration of gifted and talented students consistent with section 120B.11, subdivision 2, clause (2). These procedures must include how the district will:
(1) assess a student's readiness and motivation for acceleration; and
(2) match the level, complexity, and pace of the curriculum to a student to achieve the best type of academic acceleration for that student.
(d) School districts must adopt procedures consistent with section 124D.02, subdivision 1, for early admission to kindergarten or first grade of gifted and talented learners consistent with section 120B.11, subdivision 2, clause (2). The procedures must be sensitive to underrepresented groups.
Sec. 22. Minnesota Statutes 2020, section 120B.30, subdivision 1, is amended to read:
Subdivision 1. Statewide testing. (a) The commissioner, with advice from experts with appropriate technical qualifications and experience and stakeholders, consistent with subdivision 1a, must include in the comprehensive assessment system, for each grade level to be tested, state-constructed tests developed as computer-adaptive reading and mathematics assessments for students that are aligned with the state's required academic standards under section
120B.021, include multiple choice questions, and are administered annually to all students in grades 3 through 8. State-developed high school tests aligned with the state's required academic standards under section 120B.021 and administered to all high school students in a subject other than writing must include multiple choice questions. The commissioner must establish a testing period as late as possible each school year during which schools must administer the Minnesota Comprehensive Assessments to students. The commissioner must publish the testing schedule at least two years before the beginning of the testing period.
(b) The state assessment system must be aligned to the most recent revision of academic standards as described in section 120B.023 in the following manner:
(1) mathematics;
(i) grades 3 through 8 beginning in the 2010-2011 school year; and
(ii) high school level beginning in the 2013-2014 school year;
(2) science; grades 5 and 8 and at the high school level beginning in the 2011-2012 school year; and
(3) language arts and reading; grades 3 through 8 and high school level beginning in the 2012-2013 school year.
(c) For students enrolled in grade 8 in the 2012-2013 school year and later, students' state graduation requirements, based on a longitudinal, systematic approach to student education and career planning, assessment, instructional support, and evaluation, include the following:
(1) achievement and career and college readiness in mathematics, reading, and writing, consistent with paragraph (k) and to the extent available, to monitor students' continuous development of and growth in requisite knowledge and skills; analyze students' progress and performance levels, identifying students' academic strengths and diagnosing areas where students require curriculum or instructional adjustments, targeted interventions, or remediation; and, based on analysis of students' progress and performance data, determine students' learning and instructional needs and the instructional tools and best practices that support academic rigor for the student; and
(2) consistent with this paragraph and section 120B.125, age-appropriate exploration and planning activities and career assessments to encourage students to identify personally relevant career interests and aptitudes and help students and their families develop a regularly reexamined transition plan for postsecondary education or employment without need for postsecondary remediation.
Based on appropriate state guidelines, students with an individualized education program may satisfy state graduation requirements by achieving an individual score on the state-identified alternative assessments.
(d) Expectations of schools, districts, and the state for career or college readiness under this subdivision must be comparable in rigor, clarity of purpose, and rates of student completion.
A student under paragraph (c), clause (1), must receive targeted, relevant, academically rigorous, and resourced instruction, which may include a targeted instruction and intervention plan focused on improving the student's knowledge and skills in core subjects so that the student has a reasonable chance to succeed in a career or college without need for postsecondary remediation. Consistent with sections 120B.13, 124D.09, 124D.091, 124D.49, and related sections, an enrolling school or district must actively encourage a student in grade 11 or 12 who is identified as academically ready for a career or college to participate in courses and programs awarding college credit to high school students. Students are not required to achieve a specified score or level of proficiency on an assessment under this subdivision to graduate from high school.
(e) Though not a high school graduation requirement, students are encouraged to participate in a nationally recognized college entrance exam. To the extent state funding for college entrance exam fees is available, a district must pay the cost, one time, for an interested student in grade 11 or 12 who is eligible for a free or reduced-price meal, to take a nationally recognized college entrance exam before graduating. A student must be able to take the exam under this paragraph at the student's high school during the school day and at any one of the multiple exam administrations available to students in the district. A district may administer the ACT or SAT or both the ACT and SAT to comply with this paragraph. If the district administers only one of these two tests and a free or reduced‑price meal eligible student opts not to take that test and chooses instead to take the other of the two tests, the student may take the other test at a different time or location and remains eligible for the examination fee reimbursement. Notwithstanding sections 123B.34 to 123B.39, a school district may require a student that is not eligible for a free or reduced-price meal to pay the cost of taking a nationally recognized college entrance exam. The district must waive the cost for a student unable to pay.
(f) The commissioner and the chancellor of the Minnesota State Colleges and Universities must collaborate in aligning instruction and assessments for adult basic education students and English learners to provide the students with diagnostic information about any targeted interventions, accommodations, modifications, and supports they need so that assessments and other performance measures are accessible to them and they may seek postsecondary education or employment without need for postsecondary remediation. When administering formative or summative assessments used to measure the academic progress, including the oral academic development, of English learners and inform their instruction, schools must ensure that the assessments are accessible to the students and students have the modifications and supports they need to sufficiently understand the assessments.
(g) Districts and schools, on an annual basis, must use career exploration elements to help students, beginning no later than grade 9, and their families explore and plan for postsecondary education or careers based on the students' interests, aptitudes, and aspirations. Districts and schools must use timely regional labor market information and partnerships, among other resources, to help students and their families successfully develop, pursue, review, and revise an individualized plan for postsecondary education or a career. This process must help increase students' engagement in and connection to school, improve students' knowledge and skills, and deepen students' understanding of career pathways as a sequence of academic and career courses that lead to an industry-recognized credential, an associate's degree, or a bachelor's degree and are available to all students, whatever their interests and career goals.
(h) A student who demonstrates attainment of required state academic standards, which include career and college readiness benchmarks, on high school assessments under subdivision 1a is academically ready for a career or college and is encouraged to participate in courses awarding college credit to high school students. Such courses and programs may include sequential courses of study within broad career areas and technical skill assessments that extend beyond course grades.
(i) As appropriate, students through grade 12 must continue to participate in targeted instruction, intervention, or remediation and be encouraged to participate in courses awarding college credit to high school students.
(j) In developing, supporting, and improving students' academic readiness for a career or college, schools, districts, and the state must have a continuum of empirically derived, clearly defined benchmarks focused on students' attainment of knowledge and skills so that students, their parents, and teachers know how well students must perform to have a reasonable chance to succeed in a career or college without need for postsecondary remediation. The commissioner, in consultation with local school officials and educators, and Minnesota's public postsecondary institutions must ensure that the foundational knowledge and skills for students' successful performance in postsecondary employment or education and an articulated series of possible targeted interventions are clearly identified and satisfy Minnesota's postsecondary admissions requirements.
(k) For students in grade 8 in the 2012-2013 school year and later, a school, district, or charter school must record on the high school transcript a student's progress toward career and college readiness, and for other students as soon as practicable.
(l) The school board granting students their diplomas may formally decide to include a notation of high achievement on the high school diplomas of those graduating seniors who, according to established school board criteria, demonstrate exemplary academic achievement during high school.
(m) The 3rd through 8th grade computer-adaptive assessment results and high school test results must be available to districts for diagnostic purposes affecting student learning and district instruction and curriculum, and for establishing educational accountability. The commissioner, in consultation with the chancellor of the Minnesota State Colleges and Universities, must establish empirically derived benchmarks on the high school tests that reveal a trajectory toward career and college readiness consistent with section 136F.302, subdivision 1a. The commissioner must disseminate to the public the computer-adaptive assessments and high school test results upon receiving those results.
(n) The grades 3 through 8 computer-adaptive assessments and high school tests must be aligned with state academic standards. The commissioner must determine the testing process and the order of administration. The statewide results must be aggregated at the site and district level, consistent with subdivision 1a.
(o) The commissioner must include the following components in the statewide public reporting system:
(1) uniform statewide computer-adaptive assessments of all students in grades 3 through 8 and testing at the high school levels that provides appropriate, technically sound accommodations or alternate assessments;
(2) educational indicators that can be
aggregated and compared across school districts and across time on a statewide
basis, including average daily consistent attendance, high school
graduation rates, and high school drop‑out rates by age and grade level;
(3) state results on the American
College Test ACT test; and
(4) state results from participation in the National Assessment of Educational Progress so that the state can benchmark its performance against the nation and other states, and, where possible, against other countries, and contribute to the national effort to monitor achievement.
(p) For purposes of statewide accountability, "career and college ready" means a high school graduate has the knowledge, skills, and competencies to successfully pursue a career pathway, including postsecondary credit leading to a degree, diploma, certificate, or industry-recognized credential and employment. Students who are career and college ready are able to successfully complete credit-bearing coursework at a two- or four-year college or university or other credit-bearing postsecondary program without need for remediation.
(q) For purposes of statewide accountability, "cultural competence," "cultural competency," or "culturally competent" means the ability of families and educators to interact effectively with people of different cultures, native languages, and socioeconomic backgrounds.
Sec. 23. Minnesota Statutes 2020, section 120B.30, subdivision 1a, is amended to read:
Subd. 1a. Statewide
and local assessments; results. (a)
For purposes of this section, the following definitions have the meanings given
them.
(1) "Computer-adaptive
assessments" means fully adaptive assessments.
(2)
"Fully adaptive assessments" include test items that are on-grade
level and items that may be above or below a student's grade level.
(3) "On-grade level" test
items contain subject area content that is aligned to state academic standards
for the grade level of the student taking the assessment.
(4) "Above-grade level" test
items contain subject area content that is above the grade level of the student
taking the assessment and is considered aligned with state academic standards
to the extent it is aligned with content represented in state academic standards
above the grade level of the student taking the assessment. Notwithstanding the student's grade level,
administering above-grade level test items to a student does not violate the
requirement that state assessments must be aligned with state standards.
(5) "Below-grade level" test
items contain subject area content that is below the grade level of the student
taking the test and is considered aligned with state academic standards to the
extent it is aligned with content represented in state academic standards below
the student's current grade level. Notwithstanding
the student's grade level, administering below-grade level test items to a
student does not violate the requirement that state assessments must be aligned
with state standards.
(b) The commissioner must use fully
adaptive mathematics and reading assessments for grades 3 through 8.
(c) (a) For purposes of
conforming with existing federal educational accountability requirements, the
commissioner must develop and implement computer-adaptive reading and
mathematics assessments for grades 3 through 8, state-developed high school
reading and mathematics tests aligned with state academic standards, a high
school writing test aligned with state standards when it becomes available, and
science assessments under clause (2) that districts and sites must use to
monitor student growth toward achieving those standards. The commissioner must not develop statewide
assessments for academic standards in social studies, health and physical
education, and the arts. The
commissioner must require:
(1) annual computer-adaptive reading and mathematics assessments in grades 3 through 8, and high school reading, writing, and mathematics tests; and
(2) annual science assessments in one grade in the grades 3 through 5 span, the grades 6 through 8 span, and a life sciences assessment in the grades 9 through 12 span, and the commissioner must not require students to achieve a passing score on high school science assessments as a condition of receiving a high school diploma.
(d) (b) The commissioner
must ensure that for annual computer-adaptive assessments:
(1) individual student performance data and achievement reports are available within three school days of when students take an assessment except in a year when an assessment reflects new performance standards;
(2) growth information is available for each student from the student's first assessment to each proximate assessment using a constant measurement scale;
(3) parents, teachers, and school administrators are able to use elementary and middle school student performance data to project students' secondary and postsecondary achievement; and
(4) useful diagnostic information about areas of students' academic strengths and weaknesses is available to teachers and school administrators for improving student instruction and indicating the specific skills and concepts that should be introduced and developed for students at given performance levels, organized by strands within subject areas, and aligned to state academic standards.
(e) (c) The commissioner must ensure that all state tests administered to elementary and secondary students measure students' academic knowledge and skills and not students' values, attitudes, and beliefs.
(f) (d) Reporting of state assessment
results must:
(1) provide timely, useful, and understandable information on the performance of individual students, schools, school districts, and the state;
(2) include a growth indicator of student achievement; and
(3) determine whether students have met the state's academic standards.
(g) (e) Consistent with
applicable federal law, the commissioner must include appropriate, technically
sound accommodations or alternative assessments for the very few students with
disabilities for whom statewide assessments are inappropriate and for English
learners.
(h) (f) A school, school
district, and charter school must administer statewide assessments under this
section, as the assessments become available, to evaluate student progress
toward career and college readiness in the context of the state's academic
standards. A school, school district, or
charter school may use a student's performance on a statewide assessment as one
of multiple criteria to determine grade promotion or retention. A school, school district, or charter school
may use a high school student's performance on a statewide assessment as a
percentage of the student's final grade in a course, or place a student's
assessment score on the student's transcript.
Sec. 24. Minnesota Statutes 2020, section 120B.301, is amended to read:
120B.301
LIMITS ON LOCAL TESTING.
(a) For students in grades 1 through 6, the cumulative total amount of time spent taking locally adopted districtwide or schoolwide assessments must not exceed ten hours per school year. For students in grades 7 through 12, the cumulative total amount of time spent taking locally adopted districtwide or schoolwide assessments must not exceed 11 hours per school year. For purposes of this paragraph, international baccalaureate and advanced placement exams are not considered locally adopted assessments.
(b) A district or charter school is exempt from the requirements of paragraph (a), if the district or charter school, in consultation with the exclusive representative of the teachers or other teachers if there is no exclusive representative of the teachers, decides to exceed a time limit in paragraph (a) and includes the information in the report required under section 120B.11, subdivision 5.
(c) A district or charter school, before
the first day of each school year, must publish on its website a
comprehensive calendar of standardized tests to be administered in the district
or charter school during that school year.
The calendar must provide the rationale for administering each
assessment and indicate whether the assessment is a local option or required by
state or federal law. The calendar
must be published at least one week prior to any eligible assessments being
administered and no later than October 1.
Sec. 25. Minnesota Statutes 2020, section 120B.35, subdivision 3, is amended to read:
Subd. 3. State
growth target measures; other state measures. (a)(1) The state's educational assessment
system measuring individual students' educational growth is based on indicators
of current achievement growth that show growth from an
individual student's prior achievement. Indicators
of achievement and prior achievement must be based on highly reliable statewide
or districtwide assessments. Indicators
that take into account a student's prior achievement must not be used to
disregard a school's low achievement or to exclude a school from a program to
improve low-achievement levels.
(2)
For purposes of paragraphs (b), (c), and (d), the commissioner must analyze and
report, as soon as practicable, separate categories of information using
the student categories identified under the federal Elementary and Secondary
Education Act, as most recently reauthorized, and, in addition to
"other" for each race and ethnicity, and the Karen community, seven
of the most populous Asian and Pacific Islander groups, three of the
most populous Native groups, seven of the most populous Hispanic/Latino groups,
and five of the most populous Black and African Heritage groups as
determined by the total Minnesota population based on the most recent American
Community Survey;. These groups
must be determined by a ten-year cycle using the American Community Survey of
the total Minnesota population. The
determination must be based on the most recent five-year dataset starting with
the 2021‑2025 dataset. Additional
categories must include English learners under section 124D.59; home
language; free or reduced-price lunch meals; and all students
enrolled in a Minnesota public school who are currently or were previously in
foster care, except that such disaggregation and cross tabulation is not
required if the number of students in a category is insufficient to yield
statistically reliable information or the results would reveal personally
identifiable information about an individual student.
(b) The commissioner, in consultation with
a stakeholder group that includes assessment and evaluation directors, district
staff, experts in culturally responsive teaching, and researchers, must
implement a an appropriate growth model that compares the
difference in students' achievement scores over time, and includes criteria for
identifying schools and school districts that demonstrate academic progress or
progress toward English language proficiency. The model may be used to advance educators'
professional development and replicate programs that succeed in meeting
students' diverse learning needs. Data
on individual teachers generated under the model are personnel data under
section 13.43. The model must allow
users to:
(1) report student growth consistent with this paragraph; and
(2) for all student categories, report and compare aggregated and disaggregated state student growth and, under section 120B.11, subdivision 2, clause (2), student learning and outcome data using the student categories identified under the federal Elementary and Secondary Education Act, as most recently reauthorized, and other student categories under paragraph (a), clause (2).
The commissioner must report measures of student growth and, under section 120B.11, subdivision 2, clause (2), student learning and outcome data, consistent with this paragraph, including the English language development, academic progress, and oral academic development of English learners and their native language development if the native language is used as a language of instruction, and include data on all pupils enrolled in a Minnesota public school course or program who are currently or were previously counted as an English learner under section 124D.59.
(c) When reporting student performance under section 120B.36, subdivision 1, the commissioner annually, beginning July 1, 2011, must report two core measures indicating the extent to which current high school graduates are being prepared for postsecondary academic and career opportunities:
(1) a preparation measure indicating the number and percentage of high school graduates in the most recent school year who completed course work important to preparing them for postsecondary academic and career opportunities, consistent with the core academic subjects required for admission to Minnesota's public colleges and universities as determined by the Office of Higher Education under chapter 136A; and
(2) a rigorous coursework measure indicating the number and percentage of high school graduates in the most recent school year who successfully completed one or more college-level advanced placement, international baccalaureate, postsecondary enrollment options including concurrent enrollment, other rigorous courses of study under section 120B.021, subdivision 1a, or industry certification courses or programs.
When reporting the core measures under clauses (1) and (2), the commissioner must also analyze and report separate categories of information using the student categories identified under the federal Elementary and Secondary Education Act, as most recently reauthorized, and other student categories under paragraph (a), clause (2).
(d) When reporting student performance under section 120B.36, subdivision 1, the commissioner annually, beginning July 1, 2014, must report summary data on school safety and students' engagement and connection at school, consistent with the student categories identified under paragraph (a), clause (2). The summary data under this paragraph are separate from and must not be used for any purpose related to measuring or evaluating the performance of classroom teachers. The commissioner, in consultation with qualified experts on student engagement and connection and classroom teachers, must identify highly reliable variables that generate summary data under this paragraph. The summary data may be used at school, district, and state levels only. Any data on individuals received, collected, or created that are used to generate the summary data under this paragraph are nonpublic data under section 13.02, subdivision 9.
(e) For purposes of statewide educational accountability, the commissioner must identify and report measures that demonstrate the success of learning year program providers under sections 123A.05 and 124D.68, among other such providers, in improving students' graduation outcomes. The commissioner, beginning July 1, 2015, must annually report summary data on:
(1) the four- and six-year graduation rates of students under this paragraph;
(2) the percent of students under this paragraph whose progress and performance levels are meeting career and college readiness benchmarks under section 120B.30, subdivision 1; and
(3) the success that learning year program providers experience in:
(i) identifying at-risk and off-track student populations by grade;
(ii) providing successful prevention and intervention strategies for at-risk students;
(iii) providing successful recuperative and recovery or reenrollment strategies for off-track students; and
(iv) improving the graduation outcomes of at-risk and off-track students.
The commissioner may include in the annual report summary data on other education providers serving a majority of students eligible to participate in a learning year program.
(f) The commissioner, in consultation with recognized experts with knowledge and experience in assessing the language proficiency and academic performance of all English learners enrolled in a Minnesota public school course or program who are currently or were previously counted as an English learner under section 124D.59, must identify and report appropriate and effective measures to improve current categories of language difficulty and assessments, and monitor and report data on students' English proficiency levels, program placement, and academic language development, including oral academic language.
(g) When reporting four- and six-year graduation rates, the commissioner or school district must disaggregate the data by student categories according to paragraph (a), clause (2).
(h) A school district must inform parents and guardians that volunteering information on student categories not required by the most recent reauthorization of the Elementary and Secondary Education Act is optional and will not violate the privacy of students or their families, parents, or guardians. The notice must state the purpose for collecting the student data.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
The next update to the data used to determine the most populous groups
must be implemented in 2026 using the 2021-2025 dataset.
Sec. 26. Minnesota Statutes 2020, section 120B.36, subdivision 2, is amended to read:
Subd. 2. Student
progress and other data. (a) All
data the department receives, collects, or creates under section 120B.11,
governing the world's best workforce, or uses to determine federal expectations
under the most recently reauthorized Elementary and Secondary Education Act,
set state growth targets, and determine student growth, learning, and
outcomes under section 120B.35 are nonpublic data under section 13.02,
subdivision 9, until the commissioner publicly releases the data.
(b) Districts must provide parents sufficiently detailed summary data to permit parents to appeal under the most recently reauthorized federal Elementary and Secondary Education Act. The commissioner shall annually post federal expectations and state student growth, learning, and outcome data to the department's public website no later than September 1, except that in years when data or federal expectations reflect new performance standards, the commissioner shall post data on federal expectations and state student growth data no later than October 1.
Sec. 27. [121A.041]
AMERICAN INDIAN MASCOTS PROHIBITED.
Subdivision 1. Prohibition. (a) A public school may not have or adopt a name, symbol, or image that depicts or refers to an American Indian Tribe, individual, custom, or tradition to be used as a mascot, nickname, logo, letterhead, or team name of the district or school within the district.
(b) A public school may seek an
exemption to paragraph (a) by submitting a request in writing to the Tribal
Nations Education Committee and the Indian Affairs Council, which jointly shall
have discretion to grant such an exemption.
A public school that has a mascot prohibited by this section must
request an exemption by January 1, 2023.
Subd. 2. Definitions. (a) For purposes of this section, the following terms have the meanings given.
(b) "American Indian" means
an individual who is:
(1) a member of an Indian Tribe or
Band, as membership is defined by the Tribe or Band, including:
(i) any Tribe or Band terminated since 1940; and
(ii) any Tribe or Band recognized by the state in which the Tribe or Band resides;
(2) a descendant, in the first or second degree, of an individual described in clause (1);
(3) considered by the Secretary of the Interior to be an Indian for any purpose;
(4) an Eskimo, Aleut, or other Alaska Native; or
(5) a member of an organized Indian
group that received a grant under the Indian Education Act of 1988 as in effect
the day preceding October 20, 1994.
(c) "District" means a
district under section 120A.05, subdivision 8.
(d) "Mascot" means any human,
nonhuman animal, or object used to represent a school and its population.
(e) "Public school" or
"school" means a public school under section 120A.05, subdivisions 9,
11, 13, and 17, and a charter school under chapter 124E.
Sec. 28. [121A.201]
MULTI-TIERED SYSTEM OF SUPPORT.
The Minnesota Multi-Tiered System of
Supports (MnMTSS) is a systemic, continuous improvement framework for ensuring
positive social, emotional, behavioral, developmental, and academic outcomes
for every student. MnMTSS provides
access to layered tiers of culturally and linguistically responsive,
evidence-based practices. The MnMTSS
framework relies on the understanding and belief that every student can learn
and thrive, and it engages an anti-racist approach to examining policies and practices
and ensuring equitable distribution of resources and opportunity. This systemic framework requires:
(1) design and delivery of culturally
and linguistically responsive, effective, standards-based core instruction in
safe, supportive environments inclusive of every student as a necessary
foundation for tiered supports;
(2) layered tiers of culturally and
linguistically responsive supplemental and intensive supports to meet each
student's needs;
(3) developing collective knowledge and
experience through engagement in representative partnerships with students,
education professionals, families, and communities;
(4) multidisciplinary teams of education
professionals that review and use data to prevent and solve problems, inform
instruction and supports, and ensure effective implementation in partnership
with students and families;
(5) effective and timely use of
meaningful, culturally relevant data disaggregated by student groups identified
in section 121A.031 that includes but is not limited to universal screening,
frequent progress monitoring, implementation fidelity, and multiple qualitative
and quantitative sources; and
(6) ongoing professional learning on the
MnMTSS systemic framework using anti-racist approaches to training and coaching.
Sec. 29. Minnesota Statutes 2020, section 121A.41, subdivision 2, is amended to read:
Subd. 2. Dismissal. "Dismissal" means the denial of
the current educational program to any pupil, including exclusion, expulsion,
and out-of-school suspension. It
Dismissal does not include removal from class.
Sec. 30. Minnesota Statutes 2020, section 121A.41, subdivision 10, is amended to read:
Subd. 10. In-school
suspension; out-of-school suspension.
(a) "In-school suspension" means an instance in which a
pupil is temporarily removed from the pupil's regular classroom for at least
half a day for disciplinary purposes, but remains under the direct supervision
of school personnel. For purposes of
this paragraph, "direct supervision" means school personnel are
physically in the same location as students under supervision.
(b) " Out-of-school
suspension" means an action by the school administration, under rules
promulgated by the school board, prohibiting a pupil from attending school for
a period of no more than ten school days.
If a suspension is longer than five days, the suspending administrator
must provide the superintendent with a reason for the longer suspension. This definition does not apply to dismissal
from school for one school day or less than one school day,
except as provided in federal law for a student with a disability. Each suspension action may include a
readmission plan. The readmission plan
shall include, where appropriate, a provision for implementing alternative
educational services upon readmission and may not be used to extend the current
suspension. Consistent with section
125A.091, subdivision 5, the readmission plan must not obligate a parent to
provide a sympathomimetic medication for the parent's child as a condition of
readmission. The school administration
may not impose consecutive suspensions against the same pupil for the same
course of conduct, or incident of misconduct, except where the pupil will
create an immediate and substantial danger to self or to surrounding persons or
property, or where the district is in the process of initiating an expulsion, in
which case the school administration may extend the suspension to a total of 15 school
days.
EFFECTIVE
DATE. This section is
effective for the 2022-2023 school year and later.
Sec. 31. Minnesota Statutes 2020, section 121A.41, is amended by adding a subdivision to read:
Subd. 12. Nonexclusionary
disciplinary policies and practices; alternatives to pupil removal and
dismissal. "Nonexclusionary
disciplinary policies and practices" means policies and practices that are
alternatives to removing a pupil from class or dismissing a pupil from school,
including evidence-based positive behavior interventions and supports, social
and emotional services, school-linked mental health services, counseling
services, social work services, referrals for special education or 504
evaluations, academic screening for Title 1 services or reading interventions,
and alternative education services. Nonexclusionary
disciplinary policies and practices require school officials to intervene in,
redirect, and support a pupil's behavior before removing a pupil from class or
beginning dismissal proceedings. Nonexclusionary
disciplinary policies and practices include but are not limited to the policies
and practices under sections 120B.12; 121A.575, clauses (1) and (2); 121A.031,
subdivision 4, paragraph (a), clause (1); 121A.61, subdivision 3, paragraph
(r); and 122A.627, clause (3).
EFFECTIVE
DATE. This section is
effective for the 2022-2023 school year and later.
Sec. 32. Minnesota Statutes 2020, section 121A.41, is amended by adding a subdivision to read:
Subd. 13. Pupil
withdrawal agreement. "Pupil
withdrawal agreement" means a verbal or written agreement between a school
administrator or district administrator and a pupil's parent to withdraw a
student from the school district to avoid expulsion or exclusion dismissal
proceedings. The duration of the
withdrawal agreement cannot be for more than a 12-month period.
EFFECTIVE
DATE. This section is
effective for the 2022-2023 school year and later.
Sec. 33. Minnesota Statutes 2020, section 121A.425, is amended to read:
121A.425
FULL AND EQUITABLE PARTICIPATION IN PRESCHOOL AND PREKINDERGARTEN EARLY
LEARNING.
Subdivision 1. Disciplinary
dismissals prohibited. (a) A
pupil enrolled in the following is not subject to dismissals under this
chapter:
(1) a preschool or prekindergarten
program, including a child participating in early childhood family
education, school readiness, school readiness plus, voluntary prekindergarten,
Head Start, or other school-based preschool or prekindergarten program, may
not be subject to dismissals under this chapter.; or
(2) kindergarten through grade 3.
(b) Notwithstanding this subdivision, expulsions and exclusions may be used only after resources outlined in subdivision 2 have been exhausted, and only in circumstances where there is an ongoing serious safety threat to the child or others.
Subd. 2. Nonexclusionary discipline. For purposes of this section, nonexclusionary discipline must include at least one of the following:
(1) collaborating with the pupil's family or guardian, child mental health consultant or provider, education specialist, or other community-based support;
(2) creating a plan, written with the parent or guardian, that details the action and support needed for the pupil to fully participate in the current educational program, including a preschool or prekindergarten program; or
(3) providing a referral for needed support services, including parenting education, home visits, other supportive education interventions, or, where appropriate, an evaluation to determine if the pupil is eligible for special education services or section 504 services.
EFFECTIVE
DATE. This section is
effective July 1, 2022.
Sec. 34. Minnesota Statutes 2020, section 121A.45, subdivision 1, is amended to read:
Subdivision 1. Provision
of alternative programs. No school
shall dismiss any pupil without attempting to provide alternative
educational services use nonexclusionary disciplinary policies and
practices before dismissal proceedings or pupil withdrawal agreements,
except where it appears that the pupil will create an immediate and substantial
danger to self or to surrounding persons or property.
EFFECTIVE
DATE. This section is
effective for the 2022-2023 school year and later.
Sec. 35. Minnesota Statutes 2020, section 121A.46, subdivision 4, is amended to read:
Subd. 4. Provision
of alternative education services; suspension pending expulsion or
exclusion hearing. (a)
Alternative education services must be provided to a pupil who is suspended for
more than five consecutive school days.
(b) Notwithstanding the provisions of subdivisions 1 and 3, the pupil may be suspended pending the school board's decision in the expulsion or exclusion hearing; provided that alternative educational services are implemented to the extent that suspension exceeds five consecutive school days.
EFFECTIVE
DATE. This section is effective
for the 2022-2023 school year and later.
Sec. 36. Minnesota Statutes 2020, section 121A.46, is amended by adding a subdivision to read:
Subd. 5. Minimum
education services. School
administration must allow a suspended pupil the opportunity to complete all
school work assigned during the period of the pupil's suspension and to receive
full credit for satisfactorily completing the assignments. The school principal or other person having
administrative control of the school building or program is encouraged to
designate a district or school employee as a liaison to work with the pupil's
teachers to allow the suspended pupil to (1) receive timely course materials
and other information, and (2) complete daily and weekly assignments and
receive teachers' feedback.
EFFECTIVE
DATE. This section is
effective for the 2022-2023 school year and later.
Sec. 37. Minnesota Statutes 2020, section 121A.47, subdivision 2, is amended to read:
Subd. 2. Written notice. Written notice of intent to take action shall:
(a) be served upon the pupil and the pupil's parent or guardian personally or by mail;
(b) contain a complete statement of the facts, a list of the witnesses and a description of their testimony;
(c) state the date, time, and place of the hearing;
(d) be accompanied by a copy of sections 121A.40 to 121A.56;
(e) describe alternative educational
services the nonexclusionary disciplinary practices accorded the
pupil in an attempt to avoid the expulsion proceedings; and
(f) inform the pupil and parent or guardian of the right to:
(1) have a representative of the pupil's
own choosing, including legal counsel, at the hearing. The district shall must advise
the pupil's parent or guardian that free or low-cost legal assistance may be
available and that a legal assistance resource list is available from the
Department of Education and is posted on their website;
(2) examine the pupil's records before the hearing;
(3) present evidence; and
(4) confront and cross-examine witnesses.
EFFECTIVE
DATE. This section is
effective for the 2022-2023 school year and later.
Sec. 38. Minnesota Statutes 2020, section 121A.47, subdivision 14, is amended to read:
Subd. 14. Admission
or readmission plan. (a) A school
administrator shall must prepare and enforce an admission or
readmission plan for any pupil who is excluded or expelled from school. The plan may must include
measures to improve the pupil's behavior, including which may include
completing a character education program, consistent with section 120B.232,
subdivision 1, and social and emotional learning, counseling, social
work services, mental health services, referrals for special education or 504
evaluation, and evidence-based academic interventions. The plan must require parental
involvement in the admission or readmission process, and may indicate the
consequences to the pupil of not improving the pupil's behavior.
(b) The definition of suspension under
section 121A.41, subdivision 10, does not apply to a student's dismissal from
school for one school day or less than one school day, except as
provided under federal law for a student with a disability. Each suspension action may include a
readmission plan. A readmission plan
must provide, where appropriate, alternative education services, which must not
be used to extend the student's current suspension period. Consistent with section 125A.091, subdivision
5, a readmission plan must not obligate a parent or guardian to provide
psychotropic drugs to their student as a condition of readmission. School officials must not use the refusal of
a parent or guardian to consent to the administration of psychotropic drugs to
their student or to consent to a psychiatric evaluation, screening or
examination of the student as a ground, by itself, to prohibit the student from
attending class or participating in a school-related activity, or as a basis of
a charge of child abuse, child neglect or medical or educational neglect.
EFFECTIVE
DATE. This section is
effective for the 2022-2023 school year and later.
Sec. 39. Minnesota Statutes 2020, section 121A.53, subdivision 1, is amended to read:
Subdivision 1. Exclusions
and expulsions; pupil withdrawals; physical assaults. Consistent with subdivision 2, the
school board must report through the department electronic reporting system
each exclusion or expulsion and, each physical assault of a
district employee by a student pupil, and each pupil withdrawal
agreement within 30 days of the effective date of the dismissal action,
pupil withdrawal, or assault, to the commissioner of education. This report must include a statement of alternative
educational services nonexclusionary disciplinary practices, or
other sanction, intervention, or resolution in response to the assault given
the pupil and the reason for, the effective date, and the duration of the
exclusion or expulsion or other sanction, intervention, or resolution. The report must also include the student's
pupil's age, grade, gender, race, and special education status.
EFFECTIVE
DATE. This section is
effective for the 2022-2023 school year and later.
Sec. 40. Minnesota Statutes 2020, section 121A.55, is amended to read:
121A.55
POLICIES TO BE ESTABLISHED.
(a) The commissioner of education shall
must promulgate guidelines to assist each school board. Each school board shall must
establish uniform criteria for dismissal and adopt written policies and rules
to effectuate the purposes of sections 121A.40 to 121A.56. The policies shall must include nonexclusionary
disciplinary policies and practices consistent with section 121A.41,
subdivision 12, and must emphasize preventing dismissals through early
detection of problems and shall.
The policies must be designed to address students' inappropriate
behavior from recurring.
(b) The policies shall must
recognize the continuing responsibility of the school for the education of the
pupil during the dismissal period.
(c) The school is responsible
for ensuring that alternative educational services, if the pupil wishes to
take advantage of them, must be adequate to allow the pupil to make progress towards
toward meeting the graduation standards adopted under section 120B.02
and help prepare the pupil for readmission in accordance with section
121A.46, subdivision 5.
(d) For expulsion and exclusion
dismissals and pupil withdrawal agreements as defined in section 121A.41,
subdivision 13:
(1) a school district's continuing
responsibility includes reviewing the pupil's school work and grades on a
quarterly basis to ensure the pupil is on track for readmission with the
pupil's peers. School districts must
communicate on a regular basis with the pupil's parent or guardian to ensure
the pupil is completing the work assigned through the alternative educational
services;
(2) a pupil receiving school-based or
school-linked mental health services in the district under section 245.4889
continues to be eligible for those services until the pupil is enrolled in a
new district; and
(3) a school district must provide to
the pupil's parent or guardian information on accessing mental health services,
including any free or sliding fee providers in the community. The information must also be posted on the district
or charter school website.
(b) (e) An area learning
center under section 123A.05 may not prohibit an expelled or excluded pupil
from enrolling solely because a district expelled or excluded the pupil. The board of the area learning center may use
the provisions of the Pupil Fair Dismissal Act to exclude a pupil or to require
an admission plan.
(c) (f) Each school district
shall develop a policy and report it to the commissioner on the appropriate use
of peace officers and crisis teams to remove students who have an
individualized education program from school grounds.
EFFECTIVE
DATE. This section is
effective for the 2022-2023 school year and later.
Sec. 41. Minnesota Statutes 2020, section 121A.61, subdivision 1, is amended to read:
Subdivision 1. Required
policy. Each school board must adopt
a written districtwide school discipline policy which includes written rules of
conduct for students, minimum consequences for violations of the rules, and
grounds and procedures for removal of a student from class. The policy must contain the discipline
complaint procedure that any member of the school community may use to file a
complaint regarding the application of discipline policies
and seek corrective action. The policy must be developed in consultation with administrators, teachers, employees, pupils, parents, community members, law enforcement agencies, county attorney offices, social service agencies, and such other individuals or organizations as the board determines appropriate. A school site council may adopt additional provisions to the policy subject to the approval of the school board.
Sec. 42. Minnesota Statutes 2020, section 121A.61, subdivision 3, is amended to read:
Subd. 3. Policy components. The policy must include at least the following components:
(a) rules governing student conduct and procedures for informing students of the rules;
(b) the grounds for removal of a student from a class;
(c) the authority of the classroom teacher to remove students from the classroom pursuant to procedures and rules established in the district's policy;
(d) the procedures for removal of a student from a class by a teacher, school administrator, or other school district employee;
(e) the period of time for which a student may be removed from a class, which may not exceed five class periods for a violation of a rule of conduct;
(f) provisions relating to the responsibility for and custody of a student removed from a class;
(g) the procedures for return of a student to the specified class from which the student has been removed;
(h) the procedures for notifying a student and the student's parents or guardian of violations of the rules of conduct and of resulting disciplinary actions;
(i) any procedures determined appropriate for encouraging early involvement of parents or guardians in attempts to improve a student's behavior;
(j) any procedures determined appropriate for encouraging early detection of behavioral problems;
(k) any procedures determined appropriate for referring a student in need of special education services to those services;
(l) any procedures determined
appropriate for ensuring victims of bullying who respond with behavior not
allowed under the school's behavior policies have access to a remedial response,
consistent with section 121A.031;
(l) (m) the procedures for
consideration of whether there is a need for a further assessment or of whether
there is a need for a review of the adequacy of a current individualized
education program of a student with a disability who is removed from class;
(m) (n) procedures for
detecting and addressing chemical abuse problems of a student while on the
school premises;
(n) (o) the minimum
consequences for violations of the code of conduct;
(o) (p) procedures for immediate
and appropriate interventions tied to violations of the code;
(p) (q) a provision that states that a teacher, school employee, school bus driver, or other agent of a district may use reasonable force in compliance with section 121A.582 and other laws;
(q) (r) an agreement
regarding procedures to coordinate crisis services to the extent funds are
available with the county board responsible for implementing sections 245.487
to 245.4889 for students with a serious emotional disturbance or other students
who have an individualized education program whose behavior may be addressed by
crisis intervention; and
(r) (s) a provision that
states a student must be removed from class immediately if the student engages
in assault or violent behavior. For purposes
of this paragraph, "assault" has the meaning given it in section
609.02, subdivision 10. The removal
shall be for a period of time deemed appropriate by the principal, in
consultation with the teacher.;
(t) a prohibition on the use of exclusionary
practices for early learners as defined in section 121A.425; and
(u) a prohibition on the use of
exclusionary practices to address attendance and truancy issues.
Sec. 43. Minnesota Statutes 2020, section 121A.61, is amended by adding a subdivision to read:
Subd. 4. Discipline complaint procedure. The discipline policy must contain procedures for students, parents and other guardians, and school staff to file a complaint and seek corrective action when the requirements of sections 121A.40 to 121A.61, including the implementation of the local behavior and discipline policies, are not being implemented appropriately or are being discriminately applied. Each district and school policy implemented under this section must, at a minimum:
(1) provide procedures for
communicating this policy including the ability for a parent to appeal a
decision under section 121A.49 that contains explicit instructions for filing
the complaint;
(2) provide an opportunity for involved parties to submit additional information related to the complaint;
(3) provide a procedure to begin to
investigate complaints within three school days of receipt, and identify
personnel who will manage the investigation and any resulting record and are
responsible for keeping and regulating access to any record;
(4) provide procedures for issuing a written determination to the complainant that addresses each allegation and contains findings and conclusions;
(5) if the investigation finds the
requirements of sections 121A.40 to 121A.61, including any local policies that
were not implemented appropriately, contain procedures that require a
corrective action plan to correct a student's record and provide relevant staff
with training, coaching, or other accountability practices to ensure
appropriate compliance with policies in the future; and
(6) prohibit reprisals or retaliation
against any person who asserts, alleges, or reports a complaint, and provide
procedures for applying appropriate consequences for a person who engages in reprisal
or retaliation.
Sec. 44. [121A.611]
RECESS AND OTHER BREAKS.
(a) "Recess detention" as
used in this chapter means excluding or excessively delaying a student from
participating in a scheduled recess period as a consequence for student behavior. Recess detention does not include, among
other things, providing alternative recess at the student's choice.
(b) A school district or
charter school is encouraged to ensure student access to structured breaks from
the demands of school and to support teachers, principals, and other school
staff in their efforts to use evidence-based approaches to reduce exclusionary
forms of discipline.
(c) A school district or charter school
must not use recess detention unless:
(1) a student causes or is likely to
cause serious physical harm to other students or staff;
(2) the student's parent or guardian
specifically consents to the use of recess detention; or
(3) for students receiving special
education services, the student's individualized education program team has
determined that withholding recess is appropriate based on the individualized
needs of the student.
(d) A school district or charter school
must require school staff to make a reasonable attempt to notify a parent or
guardian within 24 hours of using recess detention.
(e) A school district or charter school
must compile information on each recess detention at the end of each school
year, including the student's age, grade, gender, race or ethnicity, and
special education status. A school district
or charter school is encouraged to use the data in professional development
promoting the use of nonexclusionary discipline. This information must be available to the
public upon request.
(f) A school district must not withhold
or excessively delay a student's participation in scheduled mealtimes. This section does not alter a district's
existing responsibilities under section 124D.111 or other state or federal law.
Sec. 45. Minnesota Statutes 2020, section 122A.06, subdivision 4, is amended to read:
Subd. 4. Comprehensive,
scientifically based reading instruction.
(a) "Comprehensive, scientifically based reading
instruction" includes a program or collection of instructional practices
that is based on valid, replicable evidence showing that when these programs or
practices are used, students can be expected to achieve, at a minimum,
satisfactory reading progress. The
program or collection of practices must include, at a minimum, effective, balanced
explicit, systematic instruction based in the science of reading with
instruction in all five areas of reading:
phonemic awareness, phonics, fluency, vocabulary development, and
reading comprehension.
Comprehensive, scientifically based
reading instruction also occurs within a multitiered system of
support framework. A multitiered system
of support includes and integrates instructional strategies for
continuously assessing, evaluating, and communicating the student's reading
progress and needs in order to design and implement ongoing instruction and
interventions based in the science of reading so that students of all
ages and proficiency levels can read and comprehend text, write, and apply
higher level thinking skills. Instruction
within a multitiered system of support framework includes core, supplemental,
and intensive reading instruction used at each grade level, including
prekindergarten through third grade, and must be designed around teaching the
five foundational reading skills based in the science of reading. For English learners developing literacy
skills, districts are encouraged to use strategies that teach reading and
writing in the students' native language and English at the same time.
(b) For the purposes of this
subdivision, the following terms have the meanings given:
(b) (1) "Fluency" is
means the ability of students to read text with speed, accuracy, and
proper expression.
(c) (2) "Phonemic
awareness" is means the ability of students to notice, think
about, and manipulate individual sounds in spoken syllables and words.
(3) "Phonics
instruction" means the explicit, systematic, and direct instruction of the
relationships between letters and the sounds they represent and the application
of this knowledge in reading and spelling.
(d) (4) "Phonics" is
means the understanding that there are systematic and predictable
relationships between written letters and spoken words. Phonics instruction is a way of teaching
reading that stresses learning how letters correspond to sounds and how to
apply this knowledge in reading and spelling.
(e) (5) "Reading
comprehension" is means an active process that requires
intentional thinking during which meaning is constructed through interactions
between text and reader. Comprehension
skills are taught explicitly by demonstrating, explaining, modeling, and
implementing specific cognitive strategies to help beginning readers derive
meaning through intentional, problem-solving thinking processes.
(f) (6) "Vocabulary
development" is means the process of teaching vocabulary
both directly and indirectly, with repetition and multiple exposures to
vocabulary items. Learning in rich
contexts, incidental learning, and use of computer technology enhance the
acquiring of vocabulary.
(7) "Foundational reading
skills" means phonological and phonemic awareness, phonics or decoding,
and fluency. Foundational reading skills
appropriate to each grade level must be mastered in kindergarten, grade 1, and
grade 2. Struggling readers in grade 3
and higher who demonstrate deficits in foundational reading skills may require
explicit, systematic instruction to reach mastery.
(8) A "multitiered system of
support" means a systematic preventative approach that addresses the
academic, behavioral, and social-emotional needs of all students at the core
(universal), targeted (Tier I), and intensive (Tier II) levels. Through a multitiered system of support a
teacher must provide high quality, scientifically based or evidence-based
instruction and intervention that is matched to a student's needs; uses a
method monitoring progress frequently to inform decisions about instruction and
goals; and applies data literacy skills to educational decision making.
(c) Beginning in the 2022-2023 school
year, a public school district or charter school must transition away from a
program of instruction for students in kindergarten through grade 2 that is
based in any practice or intervention program that uses:
(1) visual memory as the primary basis
for teaching word recognition; or
(2) the three-cueing system model of
reading based on meaning, structure and syntax, and visual, which is also known
as "MSV."
(g) (d) Nothing in this
subdivision limits the authority of a school district to select a school's
reading program or curriculum.
Sec. 46. Minnesota Statutes 2020, section 124D.09, subdivision 3, is amended to read:
Subd. 3. Definitions. For purposes of this section, the following terms have the meanings given to them.
(a) "Eligible institution" means
a Minnesota public postsecondary institution, a private, nonprofit two-year
trade and technical school granting associate degrees, an opportunities
industrialization center accredited by an accreditor recognized by the United
States Department of Education, or a private, residential, two-year or
four-year, liberal arts, degree-granting college or university located in
Minnesota. An eligible institution
cannot require a faith statement during the application process or base any
part of the admission decision on a student's race, creed, ethnicity,
disability, gender, or sexual orientation or religious beliefs or affiliations.
(b) "Course" means a course or program.
(c) "Concurrent enrollment" means nonsectarian courses in which an eligible pupil under subdivision 5 or 5b enrolls to earn both secondary and postsecondary credits, are taught by a secondary teacher or a postsecondary faculty member, and are offered at a high school for which the district is eligible to receive concurrent enrollment program aid under section 124D.091.
Sec. 47. Minnesota Statutes 2020, section 124D.09, subdivision 9, is amended to read:
Subd. 9. Enrollment
priority. (a) A postsecondary
institution must give priority to its postsecondary students when enrolling
pupils in grades 10, 11, and 12 in its courses.
A postsecondary institution may provide information about its programs
to a secondary school or to a pupil or parent and it may advertise or otherwise
recruit or solicit a secondary pupil to enroll in its programs on
educational and programmatic grounds only except, notwithstanding other law to
the contrary, and for the 2014-2015 through 2019-2020 school years only, an
eligible postsecondary institution may advertise or otherwise recruit or
solicit a secondary pupil residing in a school district with 700 students or
more in grades 10, 11, and 12, to enroll in its programs on educational,
programmatic, or financial grounds.
(b) An institution must not enroll secondary pupils, for postsecondary enrollment options purposes, in remedial, developmental, or other courses that are not college level except when a student eligible to participate and enrolled in the graduation incentives program under section 124D.68 enrolls full time in a middle or early college program. A middle or early college program must be specifically designed to allow the student to earn dual high school and college credit with a well-defined pathway to allow the student to earn a postsecondary degree or credential. In this case, the student must receive developmental college credit and not college credit for completing remedial or developmental courses.
(c) Once a pupil has been enrolled in any postsecondary course under this section, the pupil must not be displaced by another student.
(d) If a postsecondary institution enrolls a secondary school pupil in a course under this section, the postsecondary institution also must enroll in the same course an otherwise enrolled and qualified postsecondary student who qualifies as a veteran under section 197.447, and demonstrates to the postsecondary institution's satisfaction that the institution's established enrollment timelines were not practicable for that student.
(e) A postsecondary institution must allow secondary pupils to enroll in online courses under this section consistent with the institution's policy regarding postsecondary pupil enrollment in online courses.
Sec. 48. Minnesota Statutes 2020, section 124D.09, subdivision 10, is amended to read:
Subd. 10. Courses
according to agreements. (a) An
eligible pupil, according to subdivision 5, may enroll in a nonsectarian course
taught by a secondary teacher or a postsecondary faculty member and offered at
a secondary school, or another location, according to an agreement between a
public school board and the governing body of an eligible public postsecondary
system or an eligible private postsecondary institution, as defined in
subdivision 3. All provisions of this
section apply to a pupil, public school board, district, and the governing body
of a postsecondary institution, except as otherwise provided. A secondary school or a postsecondary
institution that enrolls eligible pupils in courses according to agreements
must annually report to the commissioner the participation rates of pupils
enrolled in courses according to agreements, including the number of pupils
enrolled and the number of courses taken for postsecondary credit.
(b) To encourage students, especially American Indian students and students of color, to consider teaching as a profession, participating schools, school districts, and postsecondary institutions are encouraged to develop and offer an "Introduction to Teaching" or "Introduction to Education" course under this subdivision. For the purpose of applying for grants under this paragraph, "eligible institution" includes schools and districts that partner with an
accredited college or university in addition to postsecondary institutions identified in subdivision 3, paragraph (a). Grant recipients under this paragraph must annually report to the commissioner in a form and manner determined by the commissioner on the participation rates of students in courses under this paragraph, including the number of students who apply for admission to colleges or universities with teacher preparation programs and the number of students of color and American Indian students who earned postsecondary credit. Grant recipients must also describe recruiting efforts intended to ensure that the percentage of participating students who are of color or American Indian meets or exceeds the overall percentage of students of color or American Indian students in the school.
Sec. 49. Minnesota Statutes 2020, section 124D.09, subdivision 12, is amended to read:
Subd. 12. Credits; grade point average weighting policy. (a) A pupil must not audit a course under this section.
(b) A district shall grant academic credit to a pupil enrolled in a course for secondary credit if the pupil successfully completes the course. Seven quarter or four semester college credits equal at least one full year of high school credit. Fewer college credits may be prorated. A district must also grant academic credit to a pupil enrolled in a course for postsecondary credit if secondary credit is requested by a pupil. If no comparable course is offered by the district, the district must, as soon as possible, notify the commissioner, who shall determine the number of credits that shall be granted to a pupil who successfully completes a course. If a comparable course is offered by the district, the school board shall grant a comparable number of credits to the pupil. If there is a dispute between the district and the pupil regarding the number of credits granted for a particular course, the pupil may appeal the board's decision to the commissioner. The commissioner's decision regarding the number of credits shall be final.
(c) A school board must adopt a policy regarding weighted grade point averages for any high school or dual enrollment course. A school board must adopt an identical policy regarding weighted grade point averages for credits earned via postsecondary coursework as for credits earned via concurrent enrollment coursework. The policy must state whether the district offers weighted grades. A school board must annually publish on its website a list of courses for which a student may earn a weighted grade.
(d) The secondary credits granted to a pupil must be counted toward the graduation requirements and subject area requirements of the district. Evidence of successful completion of each course and secondary credits granted must be included in the pupil's secondary school record. A pupil shall provide the school with a copy of the pupil's grade in each course taken for secondary credit under this section. Upon the request of a pupil, the pupil's secondary school record must also include evidence of successful completion and credits granted for a course taken for postsecondary credit. In either case, the record must indicate that the credits were earned at a postsecondary institution.
(e) If a pupil enrolls in a postsecondary institution after leaving secondary school, the postsecondary institution must award postsecondary credit for any course successfully completed for secondary credit at that institution. Other postsecondary institutions may award, after a pupil leaves secondary school, postsecondary credit for any courses successfully completed under this section. An institution may not charge a pupil for the award of credit.
(f) The Board of Trustees of the Minnesota State Colleges and Universities and the Board of Regents of the University of Minnesota must, and private nonprofit and proprietary postsecondary institutions should, award postsecondary credit for any successfully completed courses in a program certified by the National Alliance of Concurrent Enrollment Partnerships offered according to an agreement under subdivision 10. Consistent with section 135A.101, subdivision 3, all MnSCU institutions must give full credit to a secondary pupil who completes for postsecondary credit a postsecondary course or program that is part or all of a goal area or a transfer curriculum at a MnSCU institution when the pupil enrolls in a MnSCU institution after leaving secondary school. Once one MnSCU institution certifies as completed a secondary student's postsecondary course or program that is part or all of a goal area or a transfer curriculum, every MnSCU institution must consider the student's course or program for that goal area or the transfer curriculum as completed.
Sec. 50. Minnesota Statutes 2020, section 124D.09, subdivision 13, is amended to read:
Subd. 13. Financial arrangements. For a pupil enrolled in a course under this section, the department must make payments according to this subdivision for courses that were taken for secondary credit.
The department must not make payments to a
school district or postsecondary institution for a course taken for
postsecondary credit only. The
department must not make payments to a postsecondary institution for a course
from which a student officially withdraws during the first 14 ten
business days of the postsecondary institution's quarter or semester
or who has been absent from the postsecondary institution for the first 15
consecutive school ten business days of the postsecondary
institution's quarter or semester and is not receiving instruction in the
home or hospital.
A postsecondary institution shall receive the following:
(1) for an institution granting quarter credit, the reimbursement per credit hour shall be an amount equal to 88 percent of the product of the formula allowance minus $425, multiplied by 1.2, and divided by 45; or
(2) for an institution granting semester credit, the reimbursement per credit hour shall be an amount equal to 88 percent of the product of the general revenue formula allowance minus $425, multiplied by 1.2, and divided by 30.
The department must pay to each postsecondary institution 100 percent of the amount in clause (1) or (2) within 45 days of receiving initial enrollment information each quarter or semester. If changes in enrollment occur during a quarter or semester, the change shall be reported by the postsecondary institution at the time the enrollment information for the succeeding quarter or semester is submitted. At any time the department notifies a postsecondary institution that an overpayment has been made, the institution shall promptly remit the amount due.
Sec. 51. Minnesota Statutes 2020, section 124D.128, subdivision 1, is amended to read:
Subdivision 1. Program
established. A learning year program
provides instruction throughout the year on an extended year calendar, extended
school day calendar, or both. A pupil
may participate in the program and accelerate attainment of grade level
requirements or graduation requirements.
A learning year program may begin after the close of the regular school
year in June. The program may be for
students in one or more grade levels from kindergarten through grade 12.
Sec. 52. Minnesota Statutes 2020, section 124D.2211, is amended to read:
124D.2211
AFTER-SCHOOL COMMUNITY LEARNING PROGRAMS.
Subdivision 1. Establishment. A competitive statewide after-school
community learning grant program is established to provide grants to community
or nonprofit organizations, political subdivisions, for-profit or nonprofit
child care centers, or school-based programs that serve youth after school or
during nonschool hours organizations that offer academic and enrichment
activities for elementary and secondary school students during nonschool hours. Grants must be used to offer a broad array of
enrichment activities that promote positive after-school activities, including
art, music, community engagement, literacy, science, technology, engineering,
math, health, and recreation programs.
The commissioner shall must develop criteria for
after-school community learning programs.
The commissioner may award grants under this section to community or
nonprofit organizations, Minnesota Tribal governments, political subdivisions,
public libraries, for-profit or nonprofit child care centers, or school-based
programs that serve youth after school or during nonschool hours.
Subd. 2.
Program outcomes Objectives. The expected outcomes objectives
of the after-school community learning programs are to increase:
(1) school connectedness of participants;
(2) academic achievement of
participating students in one or more core academic areas;
(3) the capacity of participants to
become productive adults; and
(4) prevent truancy from school and
prevent juvenile crime.
(1) increase access to protective
factors that build young people's capacity to become productive adults, such as
through connections to a caring adult in order to promote healthy behavior,
attitudes, and relationships;
(2) develop skills and behaviors
necessary to succeed in postsecondary education or career opportunities;
(3) encourage school attendance and
improve academic performance in accordance with the state's world's best
workforce goals under section 120B.11; and
(4) expand program access in
underserved communities.
Subd. 3. Grants. (a) An applicant shall must
submit an after-school community learning program proposal to the commissioner. The submitted plan proposal must
include:
(1) collaboration with and leverage of existing community resources that have demonstrated effectiveness;
(2) outreach to children and youth; and
(3) involvement of local governments,
including park and recreation boards or schools, unless no government agency is
appropriate.
Proposals will be reviewed and approved
by the commissioner.
(3) an explanation of how the proposal
will support the objectives identified in subdivision 2; and
(4) a plan to implement effective
after-school practices and provide staff access to professional development
opportunities.
(b) The commissioner must review
proposals and award grants to programs that:
(1) primarily serve low-income and
underserved students; and
(2) provide opportunities for academic
enrichment, and a broad array of additional services and activities to meet
program objectives.
(c) To the extent practicable, the
commissioner must award grants equitably among the geographic areas of
Minnesota, including rural, suburban, and urban communities.
(d) The commissioner must award grants
without giving preference to any particular grade of students served by an
applicant program.
Subd. 4. Technical
assistance and continuous improvement.
(a) The commissioner must monitor and evaluate the performance of
grant recipients to assess the effectiveness of after-school community learning
programs in meeting the objectives identified in subdivision 2.
(b) The commissioner must
contract with a nonprofit organization serving as the statewide after-school
network to provide capacity building, professional development, and continuous
program improvement supports to grant recipients, including guidance on
effective practices for after-school programs.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 53. Minnesota Statutes 2020, section 124D.74, subdivision 1, is amended to read:
Subdivision 1. Program described. American Indian education programs are programs in public elementary and secondary schools, nonsectarian nonpublic, community, Tribal, charter, or alternative schools enrolling American Indian children designed to:
(1) support postsecondary preparation for American Indian pupils;
(2) support the academic achievement of
American Indian students pupils;
(3) make the curriculum relevant to the needs, interests, and cultural heritage of American Indian pupils;
(4) provide positive reinforcement of the self-image of American Indian pupils;
(5) develop intercultural awareness among pupils, parents, and staff; and
(6) supplement, not supplant, state and federal educational and cocurricular programs.
Program services designed to increase completion and
graduation rates of American Indian students must emphasize academic
achievement, retention, and attendance; development of support services for
staff, including in-service training and technical assistance in methods of
teaching American Indian pupils; research projects, including innovative
teaching approaches and evaluation of methods of relating to American Indian
pupils; provision of career counseling to American Indian pupils; modification
of curriculum, instructional methods, and administrative procedures to meet the
needs of American Indian pupils; and supplemental instruction in
American Indian language, literature, history, and culture. Districts offering programs may make
contracts for the provision of program services by establishing cooperative
liaisons with Tribal programs and American Indian social service agencies. These programs may also be provided as
components of early childhood and family education programs.
Sec. 54. Minnesota Statutes 2020, section 124D.74, subdivision 3, is amended to read:
Subd. 3. Enrollment
of other children; shared time enrollment.
To the extent it is economically feasible that the unique
educational and culturally related academic needs of American Indian people are
met and American Indian student accountability factors are the same or higher
than their non-American Indian peers, a district or participating school
may make provision for the voluntary enrollment of non-American Indian children
in the instructional components of an American Indian education program in
order that they may acquire an understanding of the cultural heritage of the
American Indian children for whom that particular program is designed. However, in determining eligibility to
participate in a program, priority must be given to American Indian children. American Indian children and other
children enrolled in an existing nonpublic school system may be enrolled on
a shared time basis in American Indian education programs.
Sec. 55. Minnesota Statutes 2020, section 124D.74, subdivision 4, is amended to read:
Subd. 4. Location
of programs. American Indian
education programs must be located in facilities educational settings
in which regular classes in a variety of subjects are offered on a daily basis,
including district schools, charter schools, and Tribal contract schools that
offer virtual learning environments.
Programs may operate on an extended day or extended year basis.
Sec. 56. Minnesota Statutes 2020, section 124D.74, is amended by adding a subdivision to read:
Subd. 7. American
Indian culture and language classes.
Any district or participating school that conducts American
Indian education programs pursuant to sections 124D.71 to 124D.82 and serves
100 or more state‑identified American Indian students enrolled in the
district must provide American Indian culture and language classes.
Sec. 57. Minnesota Statutes 2020, section 124D.76, is amended to read:
124D.76
COMMUNITY COORDINATORS, INDIAN HOME/SCHOOL LIAISONS AMERICAN INDIAN
EDUCATION PROGRAM COORDINATORS, PARAPROFESSIONALS.
In addition to employing American Indian language and culture education teachers, each district or participating school providing programs pursuant to sections 124D.71 to 124D.82 may employ paraprofessionals. Paraprofessionals must not be employed for the purpose of supplanting American Indian language and culture education teachers.
Any district or participating school which
that conducts American Indian education programs pursuant to sections
124D.71 to 124D.82 must employ one or more full-time or part-time community
coordinators or Indian home/school liaisons if there are dedicated
American Indian education program coordinators in a district with 100 or
more state-identified American Indian students enrolled in the district. Community coordinators shall A
dedicated American Indian education program coordinator must promote
communication, understanding, and cooperation between the schools and
the community and shall must visit the homes of children who are
to be enrolled in an American Indian education program in order to convey
information about the program.
Sec. 58. Minnesota Statutes 2020, section 124D.78, is amended to read:
124D.78
PARENT AND COMMUNITY PARTICIPATION.
Subdivision 1. Parent
committee. School districts,
charter schools, Tribal contract schools, and their respective school
boards and American Indian schools must provide for the maximum
involvement of parents of American Indian children enrolled in American
Indian education programs, programs for elementary and secondary grades,
special education programs, and support services. Accordingly, the board of a school
district districts, charter schools, and Tribal contract schools in
which there are ten or more state-identified American Indian students
enrolled and each American Indian school must establish an American
Indian education Parent Advisory Committee. If a committee whose membership consists of a
majority of parents of American Indian children has been or is established
according to federal, tribal, or other state law, that committee may serve as
the committee required by this section and is subject to, at least, the
requirements of this subdivision and subdivision 2.
The American Indian education Parent
Advisory Committee must develop its recommendations in consultation with the
curriculum advisory committee required by section 120B.11, subdivision 3. This committee must afford parents the
necessary information and the opportunity effectively to express their views
concerning all aspects of American Indian education and the educational needs
of the American Indian children enrolled in the school or program. The school board or American Indian school
Districts, charter schools, and Tribal contract schools must ensure that
programs are planned, operated, and evaluated with the involvement of and in
consultation with parents of the American Indian students served by the
programs.
Subd. 2. Resolution
of concurrence Annual compliance.
Prior to March 1 of each year, the school board or
American Indian school must submit to the department a copy of a resolution
adopted by the American Indian education Parent Advisory Committee. The copy must be signed by the chair of the
committee and must state whether the committee concurs with the educational
programs for American Indian students offered by the school board or American
Indian school. If the committee does not
concur with the educational programs, the reasons for nonconcurrence and recommendations
shall be submitted directly to the school board with the resolution. By resolution, the board must respond in
writing within 60 days, in cases of nonconcurrence, to each recommendation
made by the committee and
state its reasons for not implementing the recommendations. must meet to
discuss whether or not they concur with the educational offerings that have
been extended by the district to American Indian students. If the committee finds that the district,
charter school, Tribal contract school, and the school board have been meeting
the needs of American Indian students, the committee must issue a vote and
resolution of concurrence. If the
committee finds that the needs of American Indian students are not being met,
the committee must issue a vote and resolution of nonconcurrence. The vote and resolution must be presented to
the school board by one or more members of the American Indian Parent Advisory
Committee. The vote must be formally
reflected on documentation provided by the Department of Education and must be
submitted annually on March 1. If the
vote is one of nonconcurrence, the committee must provide written
recommendations for improvement to the school board at the time of the
presentation. In the case of
nonconcurrence, the school board is given 60 days in which to respond, in
writing, to the committee's recommendations.
The board response must be signed by the entire school board and
submitted to both the American Indian Parent Advisory Committee and to the
Department of Education.
Subd. 3. Membership. The American Indian education
Parent Advisory Committee must be composed of parents or guardians of American
Indian children eligible to be enrolled in American Indian education
programs; American Indian secondary students eligible to be served;
American Indian family members of students eligible to be enrolled in
American Indian education programs; American Indian language and culture
education teachers and paraprofessionals; American Indian teachers; American
Indian district employees; American Indian counselors; adult American
Indian people enrolled in educational programs; and representatives from
community groups American Indian community members. A The majority of each
committee must be parents or guardians of American Indian
children enrolled or eligible to be enrolled in the programs. The number of parents of American Indian
and non-American Indian children shall reflect approximately the proportion of
children of those groups enrolled in the programs.
Subd. 4. Alternate
committee. If the organizational
membership or the board of directors of an American Indian a Tribal
contract school consists of parents of children attending the school, that
membership or board may serve also as the American Indian education Parent
Advisory Committee.
Subd. 5. State-identified
American Indian. For the
purposes of sections 124D.71 to 124D.82, students who identify as American
Indian or Alaska Native, using the state definition in effect on October 1 of
the previous school year, will be used to determine the state-identified
American Indian student counts for districts, charter schools, and Tribal
contract schools for the subsequent school year.
Sec. 59. Minnesota Statutes 2020, section 124D.791, subdivision 4, is amended to read:
Subd. 4. Duties; powers. The American Indian education director shall:
(1) serve as the liaison for the
department work collaboratively and in conjunction with the Tribal
Liaison, the Tribal Nations Education Committee, the 11 Tribal communities
Nations in Minnesota, the Minnesota Chippewa Tribe, and the Minnesota
Indian Affairs Council;
(2) evaluate the state of American Indian education in Minnesota;
(3) engage the tribal bodies, community groups, parents of children eligible to be served by American Indian education programs, American Indian administrators and teachers, persons experienced in the training of teachers for American Indian education programs, the tribally controlled schools, and other persons knowledgeable in the field of American Indian education and seek their advice on policies that can improve the quality of American Indian education;
(4) advise the commissioner on American Indian education issues, including:
(i) issues facing American Indian students;
(ii) policies for American Indian education;
(iii) awarding scholarships to eligible American Indian students and in administering the commissioner's duties regarding awarding of American Indian education grants to school districts; and
(iv) administration of the commissioner's duties under sections 124D.71 to 124D.82 and other programs for the education of American Indian people;
(5) propose to the commissioner legislative changes that will improve the quality of American Indian education;
(6) develop a strategic plan and a long-term framework for American Indian education, in conjunction with the Minnesota Indian Affairs Council, that is updated every five years and implemented by the commissioner, with goals to:
(i) increase American Indian student achievement, including increased levels of proficiency and growth on statewide accountability assessments;
(ii) increase the number of American Indian teachers in public schools;
(iii) close the achievement gap between American Indian students and their more advantaged peers;
(iv) increase the statewide graduation rate for American Indian students; and
(v) increase American Indian student placement in postsecondary programs and the workforce; and
(7) keep the American Indian community informed about the work of the department by reporting to the Tribal Nations Education Committee at each committee meeting.
Sec. 60. [124D.792]
GRADUATION CEREMONIES; TRIBAL REGALIA AND OBJECTS OF CULTURAL SIGNIFICANCE.
A school district or charter school must
not prohibit an American Indian student from wearing American Indian regalia,
Tribal regalia, or objects of cultural significance at graduation ceremonies.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 61. Minnesota Statutes 2020, section 124D.81, subdivision 1, is amended to read:
Subdivision 1. Procedures. A school district, charter school, or
American Indian-controlled Tribal contract or grant school enrolling at least
20 American Indian students identified by the state count on October 1
of the previous school year and operating an American Indian education
program according to section 124D.74 is eligible for American Indian
education aid if it meets the requirements of this section. Programs may provide for contracts for the
provision of program components by nonsectarian nonpublic, community, Tribal,
charter, or alternative schools. The
commissioner shall prescribe the form and manner of application for aids, and
no aid shall be made for a program not complying with the requirements of
sections 124D.71 to 124D.82.
Sec. 62. Minnesota Statutes 2020, section 124D.81, subdivision 2, is amended to read:
Subd. 2. Plans. To qualify for receive aid,
an eligible district, charter school, or Tribal contract school must develop
and submit a plan for approval by the Indian education director that shall:
(a) Identify the measures to be used to meet the requirements of sections 124D.71 to 124D.82;
(b) Identify the activities, methods and programs to meet the identified educational needs of the children to be enrolled in the program;
(c) Describe how district goals and objectives as well as the objectives of sections 124D.71 to 124D.82 are to be achieved;
(d) Demonstrate that required and elective courses as structured do not have a discriminatory effect within the meaning of section 124D.74, subdivision 5;
(e) Describe how each school program will be organized, staffed, coordinated, and monitored; and
(f) Project expenditures for programs under sections 124D.71 to 124D.82.
Sec. 63. Minnesota Statutes 2020, section 124D.81, subdivision 2a, is amended to read:
Subd. 2a. American
Indian education aid. (a) The
American Indian education aid allowance equals $358 for fiscal years 2022 and
2023. The American Indian education aid
allowance for fiscal year 2024 and later equals the product of $358 times the
ratio of the formula allowance under section 126C.10, subdivision 2, for the
current fiscal year to the formula allowance under section 126C.10, subdivision
2, for fiscal year 2023.
(b) The American Indian education aid
minimum equals $20,000 for fiscal years 2022.
The American Indian education aid minimum equals $40,000 for fiscal year
2023. The American Indian education aid
minimum for fiscal year 2024 and later equals the product of $40,000 times the
ratio of the formula allowance under section 126C.10, subdivision 2, for the
current fiscal year to the formula allowance under section 126C.10, subdivision
2, for fiscal year 2023.
(a) (c) The American Indian
education aid for an eligible district, charter school, or Tribal
contract school equals the greater of (1) the sum of $20,000 the
American Indian education aid minimum plus the product of $358 the
American Indian education aid allowance times the difference between the
number of American Indian students enrolled on October 1 of the previous school
year and 20; or (2) if the district or school received a grant under this
section for fiscal year 2015, the amount of the grant for fiscal year 2015.
(b) (d) Notwithstanding
paragraph (a) (c), the American Indian education aid must not
exceed the district, charter school, or Tribal contract school's actual
expenditure according to the approved plan under subdivision 2.
EFFECTIVE
DATE. This section is
effective for revenue for fiscal year 2023 and later.
Sec. 64. Minnesota Statutes 2020, section 124D.81, subdivision 5, is amended to read:
Subd. 5. Records. Participating schools and districts must
keep records and afford access to them as the commissioner finds necessary to
ensure that American Indian education programs are implemented in conformity
with sections 124D.71 to 124D.82. Each
school district or participating school must keep accurate, detailed, and
separate revenue and expenditure accounts for pilot American Indian
education programs funded under this section.
Sec. 65. Minnesota Statutes 2020, section 124D.83, subdivision 2, is amended to read:
Subd. 2. Revenue amount. An American Indian-controlled tribal contract or grant school that is located on a reservation within the state and that complies with the requirements in subdivision 1 is eligible to receive tribal contract or grant school aid. The amount of aid is derived by:
(1) multiplying the formula allowance under
section 126C.10, subdivision 2, less $170, times the difference between
(i) the resident pupil units as defined in section 126C.05, subdivision 6, in
average daily membership, excluding section 126C.05, subdivision 13, and (ii)
the number of pupils for the current school year, weighted according to section
126C.05, subdivision 1, receiving benefits under section 123B.42 or 123B.44 or
for which the school is receiving reimbursement under section 124D.69;
(2) adding to the result in clause (1) an amount equal to the product of the formula allowance under section 126C.10, subdivision 2, less $300 times the tribal contract compensation revenue pupil units;
(3) subtracting from the result in clause (2) the amount of money allotted to the school by the federal government through Indian School Equalization Program of the Bureau of Indian Affairs, according to Code of Federal Regulations, title 25, part 39, subparts A to E, for the basic program as defined by section 39.11, paragraph (b), for the base rate as applied to kindergarten through twelfth grade, excluding small school adjustments and additional weighting, but not money allotted through subparts F to L for contingency funds, school board training, student training, interim maintenance and minor repair, interim administration cost, prekindergarten, and operation and maintenance, and the amount of money that is received according to section 124D.69;
(4) dividing the result in clause (3) by the sum of the resident pupil units in average daily membership, excluding section 126C.05, subdivision 13, plus the tribal contract compensation revenue pupil units; and
(5) multiplying the sum of the resident
pupil units, including section 126C.05, subdivision 13, in average daily
membership plus the tribal contract compensation revenue pupil units by the
lesser of $3,230 for fiscal year 2019 and 51.17 percent of the formula
allowance for fiscal year years 2020, 2021, and 2022, and 52
percent of the formula allowance for fiscal year 2023 and later or the
result in clause (4).
EFFECTIVE
DATE. This section is
effective for state aid for fiscal year 2023 and later.
Sec. 66. Minnesota Statutes 2020, section 124D.861, subdivision 2, is amended to read:
Subd. 2. Plan
implementation; components. (a) The
school board of each eligible district must formally develop and implement a
long-term plan under this section. The
plan must be incorporated into the district's comprehensive strategic plan
under section 120B.11. Plan
components may include: innovative and
integrated prekindergarten through grade 12 learning environments that offer
students school enrollment choices; family engagement initiatives that involve
families in their students' academic life and success; professional development
opportunities for teachers and administrators focused on improving the academic
achievement of all students, including teachers and administrators who are
members of populations underrepresented among the licensed teachers or
administrators in the district or school and who reflect the diversity of
students under section 120B.35, subdivision 3, paragraph (b), clause (2), who
are enrolled in the district or school; increased programmatic opportunities
and effective and more diverse instructors focused on rigor and college and
career readiness for underserved students, including students enrolled in
alternative learning centers under section 123A.05, public alternative programs
under section 126C.05, subdivision 15, and contract alternative programs under
section 124D.69, among other underserved students; or recruitment and retention
of teachers and administrators with diverse racial and ethnic backgrounds.
(b) The plan must contain goals for:
(1) reducing the disparities in academic achievement and in equitable access to effective and more diverse teachers among all students and specific categories of students under section 120B.35, subdivision 3, paragraph (b), excluding the student categories of gender, disability, and English learners; and
(2) increasing racial and economic diversity and integration in schools and districts.
(c) The plan must include strategies to
validate, affirm, embrace, and integrate cultural and community strengths of
all students, families, and employees in the district's curriculum as well as
learning and work environments. The plan
must address issues of institutional racism as defined in section 120B.11,
subdivision 1, in schools that create opportunity and achievement gaps for
students, families, and staff who are of color or who are American Indian. Examples of institutional racism experienced
by students who are of color or who are American Indian include policies and
practices that intentionally or unintentionally result in disparate discipline
referrals and suspension, inequitable access to advanced coursework,
overrepresentation in lower-level coursework, inequitable participation in
cocurricular activities, inequitable parent involvement, and lack of equitable
access to racially and ethnically diverse teachers who reflect the racial or
ethnic diversity of students because it has not been a priority to hire or
retain such teachers.
(d) School districts must use local
data, to the extent practicable, to develop plan components and strategies. Plans may include:
(1) innovative and integrated
prekindergarten through grade 12 learning environments that offer students
school enrollment choices;
(2) family engagement initiatives that
involve families in their students' academic life and success and improve
relations between home and school;
(3) opportunities for students,
families, staff, and community members who are of color or American Indian to
share their experiences in the school setting with school staff and
administration and to inform the development of specific proposals for making
school environments more validating, affirming, embracing, and integrating of
their cultural and community strengths;
(4) professional development
opportunities for teachers and administrators focused on improving the academic
achievement of all students, including knowledge, skills, and dispositions
needed to be antiracist and culturally sustaining as defined in section
120B.11, subdivision 1, for serving students who are from racially and
ethnically diverse backgrounds;
(5) recruitment and retention of teachers,
administrators, cultural and family liaisons, paraprofessionals, and other
staff from racial, ethnic, and linguistic backgrounds represented in the
student population to strengthen relationships with all students, families, and
other members of the community;
(6) collection, examination, and
evaluation of academic and discipline data for institutional racism as defined
in section 120B.11, subdivision 1, in structures, policies, and practices that
result in the education disparities, in order to propose antiracist changes as
defined in section 120B.11, subdivision 1, that increase access, meaningful
participation, representation, and positive outcomes for students of color and
American Indian students;
(7) increased programmatic opportunities
and effective and more diverse instructors focused on rigor and college and
career readiness for students who are impacted by racial, gender, linguistic,
and economic disparities, including students enrolled in area learning centers
or alternative learning programs under section 123A.05, state-approved
alternative programs under section 126C.05, subdivision 15, and contract
alternative programs under section 124D.69, among other underserved students;
(8) ethnic studies curriculum
as defined in section 120B.11, subdivision 1, to provide all students with
opportunities to learn about their own and others' cultures and historical
experiences; or
(9) examination and revision of
district curricula in all subjects to be inclusive of diverse racial and ethnic
groups while meeting state academic standards and being culturally sustaining
as defined in section 120B.11, subdivision 1, ensuring content being studied
about any group is accurate and based in knowledge from that group.
(b) (e) Among other
requirements, an eligible district must implement effective, research-based
interventions that include formative multiple measures of
assessment practices and engagement in order to reduce the
eliminate academic disparities in student academic performance among
the specific categories of students as measured by student progress and growth
on state reading and math assessments and for students impacted by
racial, gender, linguistic, and economic inequities as aligned with section
120B.11.
(c) (f) Eligible districts
must create efficiencies and eliminate duplicative programs and services under
this section, which may include forming collaborations or a single,
seven-county metropolitan areawide partnership of eligible districts for this
purpose.
EFFECTIVE
DATE. This section is
effective for all plans reviewed and updated after the day following final
enactment.
Sec. 67. Minnesota Statutes 2020, section 124D.98, is amended by adding a subdivision to read:
Subd. 5. Literacy
incentive aid uses. Beginning
July 1, 2022, literacy incentive aid must be used to support comprehensive
literacy reform efforts in public schools as follows:
(1) for public school prekindergarten
through grade 3 teachers and support staff to be trained in the science of
reading using a training program approved by the Department of Education no
later than July 1, 2027, unless the commissioner of education grants an
extension;
(2) to hire a licensed reading and
dyslexia specialist who is trained in the science of reading as determined by
the commissioner of education and oversees a school district's or charter
school's implementation of required components under section 120B.12 no later
than July 1, 2027, unless the commissioner of education grants an extension;
(3) for the most underperforming
schools, defined as those at 25 percent or below proficiency on grade 3 reading
on the Minnesota Comprehensive Assessments, to hire literacy coaches trained in
the science of reading to support teachers and multitiered systems of support
implementation; and
(4) to provide materials, training, and
ongoing coaching to ensure alternate instruction under section 125A.56,
subdivision 1, is based in the science of reading.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 68. Minnesota Statutes 2020, section 125A.094, is amended to read:
125A.094
RESTRICTIVE PROCEDURES FOR CHILDREN WITH DISABILITIES.
The use of restrictive procedures for
children with disabilities for all pupils attending public school is
governed by sections 125A.0941 and 125A.0942.
Sec. 69. Minnesota Statutes 2020, section 125A.0942, subdivision 1, is amended to read:
Subdivision 1. Restrictive procedures plan. (a) Schools that intend to use restrictive procedures shall maintain and make publicly accessible in an electronic format on a school or district website or make a paper copy available upon request describing a restrictive procedures plan for children with disabilities that at least:
(1) lists the restrictive procedures the school intends to use;
(2) describes how the school will implement a range of positive behavior strategies and provide links to mental health services;
(3) describes how the school will provide training on de-escalation techniques, consistent with section 122A.187, subdivision 4;
(4) describes how the school will monitor and review the use of restrictive procedures, including:
(i) conducting post-use debriefings, consistent with subdivision 3, paragraph (a), clause (5); and
(ii) convening an oversight committee to undertake a quarterly review of the use of restrictive procedures based on patterns or problems indicated by similarities in the time of day, day of the week, duration of the use of a procedure, the individuals involved, or other factors associated with the use of restrictive procedures; the number of times a restrictive procedure is used schoolwide and for individual children; the number and types of injuries, if any, resulting from the use of restrictive procedures; whether restrictive procedures are used in nonemergency situations; the need for additional staff training; the use of restrictive procedures for disproportionality, racial disparities, in the usage of restrictive procedures; the usage of school resource officer's handling of the behaviors; student documentation to determine if the staff followed the standards for using restrictive procedures and if there is updated information about whether the restrictive procedures are contraindicated for the particular student; and proposed actions to minimize the use of restrictive procedures; and
(5) includes a written description and documentation of the training staff completed under subdivision 5.
(b) Schools annually must publicly identify oversight committee members who must at least include:
(1) a mental health professional, school psychologist, or school social worker;
(2) an expert in positive behavior strategies;
(3) a special education administrator; and
(4) a general education administrator.
Sec. 70. Minnesota Statutes 2020, section 125A.0942, subdivision 2, is amended to read:
Subd. 2. Restrictive procedures. (a) Restrictive procedures may be used only by a licensed special education teacher, school social worker, school psychologist, behavior analyst certified by the National Behavior Analyst Certification Board, a person with a master's degree in behavior analysis, other licensed education professional, paraprofessional under section 120B.363, or mental health professional under section 245.4871, subdivision 27, who has completed the training program under subdivision 5.
(b) A school shall make reasonable efforts to notify the parent on the same day a restrictive procedure is used on the child, or if the school is unable to provide same-day notice, notice is sent within two days by written or electronic means or as otherwise indicated by the child's parent under paragraph (f).
(c) The district must hold a meeting of the individualized education program team, if the student is a student with a disability, or a meeting of relevant members of the student's team, including the parent, if the student is not a student with a disability, conduct or review a functional behavioral analysis, review data, consider developing additional or revised positive behavioral interventions and supports, consider actions to reduce the use of restrictive procedures, and modify the individualized education program or behavior intervention plan as appropriate. The district must hold the meeting: within ten calendar days after district staff use restrictive procedures on two separate school days within 30 calendar days or a pattern of use emerges and the child's individualized education program or behavior intervention plan does not provide for using restrictive procedures in an emergency; or at the request of a parent or the district after restrictive procedures are used. The district must review use of restrictive procedures at a child's annual individualized education program meeting when the child's individualized education program provides for using restrictive procedures in an emergency.
(d) If the individualized education
program meeting team under paragraph (c) determines that existing
interventions and supports are ineffective in reducing the use of restrictive
procedures or the district uses restrictive procedures on a child on ten or
more school days during the same school year, the team, as appropriate, either
must consult with other professionals working with the child; consult with
experts in behavior analysis, mental health, communication, or autism; consult
with culturally competent professionals; review existing evaluations, resources,
and successful strategies; or consider whether to reevaluate the child.
(e) At the individualized education
program meeting under paragraph (c), the team must review any known medical
or psychological limitations, including any medical information the parent
provides voluntarily, that contraindicate the use of a restrictive procedure,
consider whether to prohibit that restrictive procedure, and document any
prohibition in the individualized education program or behavior intervention
plan.
(f) An individualized education program team may plan for using restrictive procedures and may include these procedures in a child's individualized education program or behavior intervention plan; however, the restrictive procedures may be used only in response to behavior that constitutes an emergency, consistent with this section. The individualized education program or behavior intervention plan shall indicate how the parent wants to be notified when a restrictive procedure is used.
Sec. 71. Minnesota Statutes 2020, section 125A.0942, subdivision 3, is amended to read:
Subd. 3. Physical holding or seclusion. (a) Physical holding or seclusion may be used only in an emergency. A school that uses physical holding or seclusion shall meet the following requirements:
(1) physical holding or seclusion is the least intrusive intervention that effectively responds to the emergency;
(2) physical holding or seclusion is not used to discipline a noncompliant child;
(3) physical holding or seclusion ends when the threat of harm ends and the staff determines the child can safely return to the classroom or activity;
(4) staff directly observes the child while physical holding or seclusion is being used;
(5) each time physical holding or seclusion is used, the staff person who implements or oversees the physical holding or seclusion documents, as soon as possible after the incident concludes, the following information:
(i) a description of the incident that led to the physical holding or seclusion;
(ii) why a less restrictive measure failed or was determined by staff to be inappropriate or impractical;
(iii) the time the physical holding or
seclusion began and the time the child was released; and
(iv) a brief record of the child's
behavioral and physical status; and
(v) a brief description of the post-use
debriefing process that occurred following the use of the restrictive
procedure;
(6) the room used for seclusion must:
(i) be at least six feet by five feet;
(ii) be well lit, well ventilated, adequately heated, and clean;
(iii) have a window that allows staff to directly observe a child in seclusion;
(iv) have tamperproof fixtures, electrical switches located immediately outside the door, and secure ceilings;
(v) have doors that open out and are unlocked, locked with keyless locks that have immediate release mechanisms, or locked with locks that have immediate release mechanisms connected with a fire and emergency system; and
(vi) not contain objects that a child may use to injure the child or others; and
(7) before using a room for seclusion, a school must:
(i) receive written notice from local authorities that the room and the locking mechanisms comply with applicable building, fire, and safety codes; and
(ii) register the room with the commissioner, who may view that room.
(b) By February 1, 2015, and annually thereafter, stakeholders may, as necessary, recommend to the commissioner specific and measurable implementation and outcome goals for reducing the use of restrictive procedures and the commissioner must submit to the legislature a report on districts' progress in reducing the use of restrictive procedures that recommends how to further reduce these procedures and eliminate the use of seclusion. The statewide plan includes the following components: measurable goals; the resources, training, technical assistance, mental health services, and collaborative efforts needed to significantly reduce districts' use of seclusion; and recommendations to clarify and improve the law governing districts' use of restrictive procedures. The commissioner must consult with interested stakeholders when preparing the report, including representatives of advocacy organizations, special education directors, teachers, paraprofessionals, intermediate school districts, school boards, day treatment providers, county social services, state human services department staff, mental health professionals, and autism experts. Beginning with the 2016-2017 school year, in a form and manner determined by the commissioner, districts must report data quarterly to the department by January 15, April 15, July 15, and October 15 about individual students who have been secluded. By July 15 each year, districts must report summary data on their use of restrictive procedures to the department for the prior school year, July 1 through June 30, in a form and manner determined by the commissioner. The summary data must include information about the use of restrictive procedures, including use of reasonable force under section 121A.582.
Sec. 72. Minnesota Statutes 2020, section 144.4165, is amended to read:
144.4165
TOBACCO PRODUCTS PROHIBITED IN PUBLIC SCHOOLS.
(a) No person shall at any time smoke, chew, or otherwise ingest tobacco, or carry or use an activated electronic delivery device as defined in section 609.685, subdivision 1, in a public school, as defined in section 120A.05, subdivisions 9, 11, and 13, or in a charter school governed by chapter 124E. This prohibition extends to all facilities, whether owned, rented, or leased, and all vehicles that a school district owns, leases, rents, contracts for, or controls.
(b) Nothing in this section shall
prohibit the lighting of tobacco by an adult as a part of a traditional Indian
spiritual or cultural ceremony. An
American Indian student may carry a medicine pouch containing loose tobacco
intended in observance of traditional spiritual or cultural practices. For purposes of this section, an American
Indian is a person who is a member of an Indian tribe as defined in section
260.755, subdivision 12 having origins in any of the original peoples of
North America who maintain cultural identification through Tribal affiliation
or community recognition.
Sec. 73. Laws 2021, First Special Session chapter 13, article 2, section 4, subdivision 2, is amended to read:
Subd. 2. Achievement and integration aid. For achievement and integration aid under Minnesota Statutes, section 124D.862:
|
|
$ |
. . . . . |
2022 |
|
|
$ |
. . . . . |
2023 |
The 2022 appropriation includes $8,868,000
for 2021 and $75,189,000 $71,442,000 for 2022.
The 2023 appropriation includes $8,353,000
$7,938,000 for 2022 and $75,078,000 $74,812,000 for 2023.
Sec. 74. Laws 2021, First Special Session chapter 13, article 2, section 4, subdivision 3, is amended to read:
Subd. 3. American Indian education aid. For American Indian education aid under Minnesota Statutes, section 124D.81, subdivision 2a:
|
|
$ |
. . . . . |
2022 |
|
|
$ |
. . . . . |
2023 |
The 2022 appropriation includes $1,102,000
for 2021 and $10,249,000 $10,334,000 for 2022.
The 2023 appropriation includes $1,138,000
$1,148,000 for 2022 and $10,637,000 $13,861,000 for 2023.
Sec. 75. Laws 2021, First Special Session chapter 13, article 2, section 4, subdivision 4, is amended to read:
Subd. 4. Charter school building lease aid. For building lease aid under Minnesota Statutes, section 124E.22:
|
|
$ |
. . . . . |
2022 |
|
|
$ |
. . . . . |
2023 |
The 2022 appropriation includes $8,617,000
for 2021 and $84,930,000 $80,882,000 for 2022.
The 2023 appropriation includes $9,436,000
8,987,000 for 2022 and $90,383,000 $87,353,000 for 2023.
Sec. 76. Laws 2021, First Special Session chapter 13, article 2, section 4, subdivision 7, is amended to read:
Subd. 7. Concurrent enrollment aid. (a) For concurrent enrollment aid under Minnesota Statutes, section 124D.091:
|
|
$4,000,000 |
. . . . . |
2022 |
|
|
$ |
. . . . . |
2023 |
(b) If the appropriation is insufficient, the commissioner must proportionately reduce the aid payment to each school district.
(c) Any balance in the first year does not cancel but is available in the second year.
(d) The base for fiscal year 2024 is $8,000,000. The base for fiscal year 2025 is $9,000,000.
Sec. 77. Laws 2021, First Special Session chapter 13, article 2, section 4, subdivision 15, is amended to read:
Subd. 15. Minnesota math corps program. (a) For the Minnesota math corps program under Minnesota Statutes, section 124D.42, subdivision 9:
|
|
$1,000,000 |
. . . . . |
2022 |
|
|
$1,000,000 |
. . . . . |
2023 |
(b) Any balance in the first year does not cancel but is available in the second year.
(c) The base for fiscal year 2024 and
later is $500,000 $1,000,000.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 78. Laws 2021, First Special Session chapter 13, article 2, section 4, subdivision 22, is amended to read:
Subd. 22. Sanneh Foundation. (a) For grants to the Sanneh Foundation for purposes of paragraph (b):
|
|
$1,500,000 |
. . . . . |
2022 |
|
|
$ |
. . . . . |
2023 |
(b) The grants to the Sanneh Foundation must be directed toward programs for low-performing and chronically absent students with a focus on low-income students and students of color. The goals of the grants include decreasing absenteeism, encouraging school engagement, improving grades, and improving graduation rates. The grants may be used to:
(1) provide all-day, in-school academic and behavioral interventions and social and emotional learning throughout the school year;
(2) provide year-round, out-of-school behavioral, social, and emotional learning interventions and enrichment activities;
(3) enhance career exploration opportunities, including exposure to businesses and business activities; and
(4) develop pathways in cooperation with businesses or higher education partners for participants to pursue careers in education and youth development.
(c) Any balance in the first year does not cancel but is available in the second year.
(d) The base for fiscal year 2024 is $0.
Sec. 79. Laws 2021, First Special Session chapter 13, article 2, section 4, subdivision 27, is amended to read:
Subd. 27. Tribal contract school aid. For Tribal contract school aid under Minnesota Statutes, section 124D.83:
|
|
$ |
. . . . . |
2022 |
|
|
$ |
. . . . . |
2023 |
The 2022 appropriation includes $240,000 for
2021 and $2,503,000 $2,568,000 for 2022.
The 2023 appropriation includes $278,000
$285,000 for 2022 and $2,882,000 $2,968,000 for 2023.
Sec. 80. NATIONAL
AND INTERNATIONAL EDUCATION COMPARISONS.
Each public district and school
selected to participate in the national assessment of educational progress
shall do so pursuant to United States Code, title 20, section 6312(c)(2), as in
effect on December 10, 2015, or similar national or international assessments,
both for the national sample and for any state-by-state comparison programs
that may be initiated, as directed by the commissioner. The assessments must be conducted using the
data collection procedures, student surveys, educator surveys, and other instruments
included in the National Assessment of Educational Progress or similar national
or international assessments being administered in Minnesota. The administration of such assessments shall
be in addition to and separate from the administration of the statewide,
standardized assessments.
Sec. 81. ETHNIC
STUDIES TASK FORCE.
Subdivision 1. Task
force established. (a) The
Ethnic Studies Task Force is established to advise the commissioner of
education on ethnic studies standards, curriculum, and resources necessary to
implement ethnic studies requirements under Minnesota Statutes, section
120B.0251. The commissioner must appoint
members of the task force by July 1, 2022, with input from the Minnesota Ethnic
Studies Coalition.
(b) The Ethnic Studies Task Force must
have 25 members, as follows:
(1) five community members with a
demonstrated commitment to ethnic studies;
(2) three public school students in
grades 9 to 12;
(3) two public school students in
grades 6 to 8;
(4) three parents or guardians of
public kindergarten through grade 12 students;
(5) three Minnesota-based,
college-level faculty experts in ethnic studies;
(6) three ethnic studies high school
teachers;
(7) three ethnic studies grades 6 to 8
teachers; and
(8) three ethnic studies kindergarten
to grade 5 teachers.
(c) Demographics of the task
force must be inclusive and represent the diversity of the state, including
racial, ethnic, and geographic diversity, and diversity related to gender and
sexual orientation, immigrant status, and religious and linguistic background.
Subd. 2. Duties. (a) The task force must review
available ethnic studies curricular and instructional resources in order to:
(1) develop state ethnic studies
standards to propose to the commissioner for adoption;
(2) recommend professional learning
requirements for educators and staff to facilitate the successful
implementation of ethnic studies courses;
(3) recommend resources and materials
school districts and charter schools may use to implement ethnic studies
standards; and
(4) identify or develop model ethnic
studies curriculum that school districts and charter schools may use in
accordance with section 120B.0251.
(b) The task force must provide to the
commissioner of education the ethnic studies standards and recommendations by
October 31, 2023, and the model ethnic studies curriculum by July 1, 2024.
Subd. 3. Meetings
and compensation. (a) The
task force must convene on at least a bimonthly basis and must hold the first
meeting no later than October 15, 2022.
(b) Members of the task force shall
receive a stipend of $250 per month for their time, work, and expertise.
Subd. 4. Administration. The commissioner must provide meeting
space and technical assistance for the task force.
Subd. 5. Statewide
academic standards. The
commissioner must adopt the academic standards for ethnic studies curriculum
developed by the task force using the expedited rulemaking process in Minnesota
Statutes, section 14.389.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 82. COMPUTER
SCIENCE EDUCATION FOUNDATIONAL BLUEPRINT.
Subdivision 1. Foundational
blueprint. (a) The
commissioner of education must, in consultation with the Computer Science
Education Task Force established under this section, develop a foundational
blueprint for a statewide computer science program for elementary and secondary
schools that includes the following components:
(1) a statement of purpose that defines
computer science consistent with the definition found in the K-12 Computer
Science Framework, describes the objectives and goals of a computer science
education program, identifies strategies and resources needed to achieve these
goals, and establishes a timeline for achieving these goals;
(2) an assessment of the current state
landscape for kindergarten through grade 12 computer science education,
including teacher licensure and assignments, and data on enrollment in computer
science courses, disaggregated by the student groups under Minnesota Statutes,
section 120B.35, subdivision 3, paragraph (b), clause (2);
(3) a plan for expanding computer
science education opportunities to every district school site and charter
school within five years;
(4) a plan to develop comprehensive
and foundational kindergarten through grade 12 computer science academic
standards that local districts may adopt at their discretion under Minnesota
Statutes, section 120B.022;
(5) a plan for professional development
opportunities to prepare current teachers to teach computer science;
(6) a plan relating to teacher
licensure, including developing a computer science endorsement or other
computer science credential for teachers who are already licensed, and a plan
to develop a teacher preparation program for licensure in computer science;
(7) a plan for the Department of
Education to regularly evaluate progress toward the blueprint goals, including
annually reporting disaggregated data on enrollment in computer science
courses; and
(8) recommendations to ensure the
long-term sustainability of the blueprint.
(b) The commissioner must submit a copy
of the foundational blueprint for computer science to the chairs and ranking
members of the legislative committees having jurisdiction over kindergarten
through grade 12 education by January 31, 2023, in accordance with Minnesota
Statutes, section 3.195.
Subd. 2. Task
force. (a) The commissioner
of education must convene an advisory task force, facilitated by the state
computer science specialist, to advise the commissioner on the development of
the foundational blueprint for computer science.
(b) Members of the task force must
include:
(1) one member of the house of
representatives appointed by the speaker of the house and one member appointed
by the minority leader of the house of representatives;
(2) one senator appointed by the senate
majority leader and one senator appointed by the senate minority leader;
(3) one member appointed by the
governor;
(4) the commissioner of education or the
commissioner's designee;
(5) the commissioner of higher
education or the commissioner's designee;
(6) one representative of the
Professional Educator Licensing and Standards Board;
(7) one representative of the Computer
Science Teachers' Association MN;
(8) one representative from the
business community;
(9) one representative from a nonprofit
organization working with students and teachers on computer science;
(10) one representative from the
Minnesota Association for School Administrators;
(11) one representative from Education
Minnesota;
(12) one representative from the
Minnesota Association of Colleges for Teacher Education;
(13) one representative from CSforAll
Minnesota;
(14) one computer science
teacher from the seven-county metropolitan area and one computer science
teacher from outside the seven-county metropolitan area;
(15) a career and technical education teacher;
(16) one school administrator from the
seven-county metropolitan area who oversees computer science education in a
district, and one school administrator from outside the seven-county
metropolitan area who oversees computer science education in a district; and
(17) one representative from the
Technology Advisory Council.
(c) Appointments to the task force must
be made by June 1, 2022. Appointments to
the task force must represent the diverse populations within the state of
Minnesota, including diversity based on race, ethnicity, gender, and disability
status. The commissioner of education
must provide administrative support and meeting space for the task force.
(d) Public members of the task force may
be compensated and reimbursed for expenses in accordance with Minnesota
Statutes, section 15.059, subdivision 3.
(e)
Meetings of the task force are subject to the Minnesota Open Meeting Law under
Minnesota Statutes, chapter 13D.
(f) The task force expires on January
31, 2024.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 83. APPROPRIATIONS;
DEPARTMENT OF EDUCATION.
Subdivision 1. Department
of Education. The sums
indicated in this section are appropriated from the general fund to the
Department of Education for the fiscal years designated.
Subd. 2. After-school
community learning programs. (a)
For grants for after-school community learning programs in accordance with
Minnesota Statutes, section 124D.2211:
|
|
$25,000,000 |
.
. . . . |
2023
|
(b) The commissioner of education may
use up to four percent of the appropriation to assess the effectiveness of
after-school community learning programs in accordance with Minnesota Statutes,
section 124D.2211, subdivision 4, paragraph (a). The commissioner must use three percent of
the appropriation to contract with the nonprofit organization serving as the
statewide after-school network in accordance with Minnesota Statutes, section
124D.2211, subdivision 4, paragraph (b).
(c) This appropriation is available
until June 30, 2025. The base for fiscal
years 2024 and 2025 is $0. The base for
fiscal year 2026 and later is $10,000,000.
Subd. 3. BOLD
literacy. (a) For the
Minnesota BOLD statewide literacy plan to increase the equitable access to
effective literacy experiences for all students by ensuring school leaders and
educators are trained in the science of reading; supporting effective
implementation and measurement of instructional practices aligned to state
standards through the multitiered systems of support framework; and utilizing
data literacy to inform instruction, inform educator development, evaluate
resource deployment and policy, and employ intentional family and community
engagement strategies.
|
|
$0 |
.
. . . . |
2022
|
|
|
$4,750,000 |
.
. . . . |
2023
|
(b) Of this amount, $1,750,000
is for the Department of Education to establish science of reading academies to
be provided at no cost to educators who work in Minnesota school districts and
charter schools to complete Language Essentials for Teachers of Reading and
Spelling (LETRS) professional development.
Educators who have completed LETRS may have the opportunity to become
LETRS facilitators through a train-the-trainer model.
(c) Of this amount, $800,000 is to
maintain a literacy unit at the Department of Education.
(d) Of this amount, $1,200,000 is to
expand literacy and dyslexia data collection and reporting systems at the
Department of Education in order to collect and analyze prekindergarten through
grade 3 data, including foundational reading skills, dyslexia screening data,
and screening results of multilingual learners.
(e) Of this amount, $1,000,000 is for
state library services grants to support evidence-based early literacy
practices rooted in the science of reading in school and community libraries.
(f) Funds may be used for grant
administration costs.
Subd. 4. Closing
educational opportunity gaps grants.
(a) To support schools in their efforts to close opportunity gaps
under Minnesota Statutes, section 120B.113:
|
|
$5,000,000 |
.
. . . . |
2023
|
(b) The department may retain up to
five percent of this appropriation to administer the grant program.
Subd. 5. Computer
Science Advisory Task Force. For
the Computer Science Advisory Task Force:
|
|
$20,000 |
.
. . . . |
2023
|
Subd. 6. Culturally
specific learning opportunities. (a)
For grants to school districts, charter schools, intermediate school districts,
and cooperatives to create and offer culturally specific learning
opportunities, including to form partnerships between community organizations
and schools that offer critical thinking and engagement in learning. "Culturally specific learning
opportunities" means programming that is culturally responsive,
evidence-based, and comprehensive, and that responds to the academic and
social-emotional needs of historically underserved students.
|
|
$0 |
.
. . . . |
2022
|
|
|
$5,000,000 |
.
. . . . |
2023
|
(b) Grants may be awarded in an amount
up to $200,000 per recipient.
(c) To the extent practicable, the
commissioner must award grants equitably among the geographic areas of
Minnesota, including rural, suburban, and urban communities.
(d) Up to five percent of this
appropriation may be retained for administration costs.
Subd. 7. Ethnic
studies implementation. (a)
For requirements related to ethnic studies under Minnesota Statutes, section
120B.0251, and the Ethnic Studies Task Force under section 81:
|
|
$576,000 |
.
. . . . |
2023
|
(b) The base for fiscal year 2024 is
$474,000 and $451,000 in fiscal year 2025.
Subd. 8. Ethnic
studies school grants. (a)
For competitive grants to school districts and charter schools to develop and
implement ethnic studies courses:
|
|
$0 |
.
. . . . |
2023
|
(b) The commissioner must consult with
the Ethnic Studies Task Force to develop criteria for the grants.
(c) The base for fiscal year 2024 and later
is $500,000.
Subd. 9. Expanding
rigorous coursework for Black students, Indigenous students, students of color,
and students in greater Minnesota. (a)
For grants to expand rigorous coursework primarily for but not limited to disadvantaged
and underrepresented students and students in greater Minnesota, such as
through advanced placement courses, international baccalaureate programs,
career and technical education, and concurrent enrollment courses:
|
|
$0 |
.
. . . . |
2022
|
|
|
$5,000,000 |
.
. . . . |
2023
|
(b) Of this amount, $1,800,000 is for grants to districts and charter schools for regional partnerships and statewide programs in order to support professional development and incentives for high school teachers to develop and expand course offerings approved by the state. Compensation for teachers to teach courses beyond the contract day or year is an allowable expenditure. Funds may supplement, but not replace, current state and federal program funds. Grants may be awarded in an amount up to $50,000 per recipient.
(c) Of this amount, $3,200,000 is for
matching grants to school districts and charter schools to support rigorous
course expansion and statewide career and technical education program quality improvements. The department shall provide technical
support and guidance. Funds may
supplement, but not replace, current state and federal program funds. Grants may be awarded in an amount up to
$100,000 per recipient.
(d) Eligible grantees include school
districts, charter schools, intermediate school districts, and cooperative
units as defined in Minnesota Statutes, section 123A.24, subdivision 2.
(e) The department must require an
applicant for grant funds to submit a plan that describes how the applicant
would use grant funds to increase participation by disadvantaged and
underrepresented students in rigorous coursework. The department must consider an applicant's
goals, strategies, and capacity to increase participation by disadvantaged and
underrepresented students when awarding funds.
(f) At least 50 percent of the funds in
this subdivision must be awarded to grant recipients in greater Minnesota.
(g) Up to five percent of this
appropriation may be retained for administration costs.
Subd. 10. Full-service
community schools. (a) For
comprehensive program support for full-service community schools:
|
|
$50,000,000 |
.
. . . . |
2023
|
(b) Of this amount, priority must be
given to programs in the following order:
(1) current grant recipients issued
under Minnesota Statutes, section 124D.231;
(2) schools identified as low-performing
under the Federal Every Student Succeeds Act; and
(3) any other applicants.
(c) This appropriation is
available until June 30, 2025. The base
for fiscal year 2024 and 2025 is $0. The
base for fiscal year 2026 and later is $20,000,000.
Subd. 11. Minnesota
Association of Alternative Programs.
(a) For a grant to the Minnesota Association of Alternative
Programs STARS Chapter to help students in alternative programs develop
employment, academic, and social skills and support student participation in
trainings and conferences:
|
|
$45,000 |
.
. . . . |
2023
|
(b) This appropriation is available
until June 30, 2025. The base for fiscal
year 2024 and later is $0.
Subd. 12. Minnesota
Council on Economic Education. (a)
For a grant to the Minnesota Council on Economic Education:
|
|
$150,000 |
.
. . . . |
2023
|
(b) The grant funds must be used to:
(1) provide professional development to
Minnesota's kindergarten through grade 12 teachers implementing state
graduation standards in learning areas related to economic education;
(2) support the direct-to-student
ancillary economic and personal finance programs that Minnesota teachers
supervise and coach; and
(3) provide support to affiliated
higher education-based centers for economic education currently based at: (i) Minnesota State University, Mankato; (ii)
Minnesota State University, Moorhead; (iii) St. Cloud State University;
(iv) St. Catherine University; and (v) the University of St. Thomas
as the higher education centers' work relates to the activities described in
clauses (1) and (2).
(c) By February 15 of each year
following the receipt of a grant, the Minnesota Council on Economic Education
must report to the commissioner of education on the number and type of
in-person and online teacher professional development opportunities provided by
the Minnesota Council on Economic Education or its affiliated state centers for
economic education. The report must
include a description of the content, length, and location of the programs; the
number of preservice and licensed teachers receiving professional development
through each of these opportunities; and a summary of evaluations of teacher
professional opportunities.
(d) The Department of Education must
pay the full amount of the grant to the Minnesota Council on Economic Education
by August 15 of each fiscal year. The
Minnesota Council on Economic Education must submit its fiscal reporting in the
form and manner specified by the commissioner.
The commissioner may request additional information as necessary.
(e) This appropriation is in addition
to any other appropriation for this purpose.
(f) The base for fiscal year 2024 and
later is $150,000.
Subd. 13. Multitiered
systems of support. (a) For
implementation of multitiered systems of support, a systematic continuous
improvement framework that addresses the academic, behavioral, and
social-emotional needs of all students at the universal, targeted, and
intensive levels. Through multitiered
systems of support, teachers must provide high quality, evidence-based
instruction and intervention that is matched to a student's needs, use a method
of monitoring progress regularly to inform decisions about instruction and
goals, and apply data-based decision making to key educational efforts.
|
|
$0 |
.
. . . . |
2022
|
|
|
$21,250,000 |
.
. . . . |
2023
|
(b) Of this amount, $2,600,000 is for
the Department of Education to support implementation. Funds may be used to support increased
capacity at the six Regional Centers of Excellence, the Early Childhood Special
Education Centers of Excellence, and Minnesota Service Cooperatives.
(c) Of this amount, $9,400,000 is
reserved for grants to school districts, charter schools, and cooperative units
as defined in Minnesota Statutes, section 123A.24, subdivision 2, for
implementation of multitiered systems of support, including hiring local
multitiered systems of support coordinators and deferring costs for personnel
to participate in cohort activities. Up
to five percent of this amount is available for program and grant
administration.
(d) Of this amount, $1,250,000 is for
Language Essentials for Teachers of Reading and Spelling training for educators
to ensure multitiered systems of support core, supplemental, and intervention
literacy instructional practices are based in the science of reading. Up to five percent of this amount is
available for program and grant administration.
(e) Of this amount, $4,000,000 is for a
grant to the Building Assets, Reducing Risks Center to provide access to
services to all multitiered systems of support grantees under this subdivision. Up to five percent of this amount is
available for program and grant administration.
(f) Of this amount, $2,000,000 is for
Tribal-state relations training for school staff engaged in the statewide
implementation of multitiered systems of support framework. Up to five percent of this amount is
available for program and grant administration.
(g) Of this amount, $2,000,000 is for
the University of Minnesota Center for Applied Research and Educational
Improvement to support implementation and evaluation of the multitiered systems
of support framework. Up to five percent
of this amount is available for program and grant administration.
(h) Support for school districts,
charter schools, and cooperative units under this subdivision may include but
is not limited to:
(1) providing training, guidance, and
implementation resources for a statewide multitiered system of support model,
including a universal screening process approved by the Department of Education
to identify students who may be at risk of experiencing academic, behavioral,
and social-emotional development difficulties;
(2) providing guidance to convene
school-based teams to analyze data provided by screenings under clause (1) and
resources for related identification, instruction, and intervention methods;
(3) dyslexia screening and intervention
based in the science of reading;
(4) requiring school districts and charter schools to provide parents of students identified in the screenings under clauses (1) and (3) with notice of screening findings and related support information;
(5) requiring districts and charter
schools to provide at-risk students with interventions and to monitor the
effectiveness of these interventions and student progress; and
(6) developing and annually reporting
findings regarding the implementation of the statewide multitiered systems of
support.
(i) The base for fiscal year
2024 and later is $21,620,000. Of this
amount, $1,620,000 is for Language Essentials for Teachers of Reading and
Spelling training.
Subd. 14. Network
for the Development of Children of African Descent. (a) For a grant to the Network for the
Development of Children of African Descent to expand the organization's
holistic, evidence-based programming that has been proven to address disparate
literacy, education, and family stabilization outcomes for African American
children and their families, breaking generational cycles of poverty.
|
|
$1,000,000 |
.
. . . . |
2023
|
(b) Program and expansion activities
must include:
(1) providing holistic programming for
parents, caregivers, and children in prekindergarten through grade 8 using a
two-generation or whole-family approach to support healthy child development
through programming that is culturally responsive and focused on building
foundational literacy, self-determination, and self-reliance;
(2) expanding the organization's
family-centered home learning curricula and materials that support learning at
home and school;
(3) providing training and consulting
services to education and human service providers on improving culturally
responsive services to children and families who are experiencing disparate
outcomes; and
(4) scaling or replicating the
organization's proven models in the seven-county metropolitan area and in other
regions of Minnesota outside of the seven-county metropolitan area.
(c) This appropriation is available
until June 30, 2025. The base for fiscal
year 2024 and later is $0.
Subd. 15. Wilderness
Inquiry. (a) For a grant to
Wilderness Inquiry for credit recovery programs, capital expenses, and a
fellowship program:
|
|
$494,000 |
.
. . . . |
2023
|
(b) Of this amount, up to $290,000 is
for credit recovery activities.
(c) Of this amount, up to $15,000 is
for accessibility equipment for youth with disabilities.
(d) Of this amount, up to $145,000 is
for transportation needs.
(e) Of this amount, up to $44,000 is
for a fellowship program.
(f) Wilderness Inquiry must form at
least four partnerships with school district or charter school programs to
deliver services in partnership with the schools that will enhance credit
recovery programs. Two of the districts
must be outside of the 11-county metropolitan area. Each partnership agreement must provide a
plan for integrating Wilderness Inquiry programming into credit recovery
activities within the district.
(g) This appropriation is available
until June 30, 2025.
(h) The grant recipient must submit a
report describing the programs offered using grant funds and the effectiveness
of program outcomes. The report must be
submitted to the commissioner of education and to the chairs and ranking
minority members of the legislative committees with jurisdiction over
kindergarten through grade 12 education.
Subd. 16. Sanneh
Foundation. For a grant to
the Sanneh Foundation for the purposes of Laws 2021, First Special Session
chapter 13, article 2, section 4, subdivision 22:
|
|
$650,000 |
.
. . . . |
2023
|
This appropriation is available until
June 30, 2025.
EFFECTIVE
DATE. This section is
effective July 1, 2022.
Sec. 84. REVISOR
INSTRUCTION.
The revisor of statutes shall renumber
each section of Minnesota Statutes listed in column A with the number listed in
column B. The revisor shall also make
necessary cross-reference changes consistent with the renumbering. The revisor shall also make any technical
language and other changes necessitated by the renumbering and cross‑reference
changes in this act.
Sec. 85. REPEALER.
Minnesota Statutes 2020, section
120B.35, subdivision 5, is repealed.
ARTICLE 3
TEACHERS
Section 1.
[120B.117] INCREASING THE
PERCENTAGE OF TEACHERS OF COLOR AND AMERICAN INDIAN TEACHERS IN MINNESOTA.
Subdivision 1. Purpose. This section sets short-term and
long-term attainment goals for increasing the percentage of teachers of color
and who are American Indian teachers in Minnesota and for ensuring all students
have equitable access to effective and racially and ethnically diverse teachers
who reflect the diversity of students. The
goals and report required under this section are important for meeting
attainment goals for the world's best workforce under section 120B.11,
achievement and integration under section 124D.861, and higher education
attainment under section 135A.012, all of which have been established to close
persistent opportunity and achievement gaps that limit students' success in
school and life and impede the state's economic growth.
Subd. 2. Equitable
access to racially and ethnically diverse teachers. The percentage of teachers in
Minnesota who are of color or who are American Indian should increase at least
two percentage points per year to have a teaching workforce that more closely
reflects the state's increasingly diverse student population and to ensure all
students have equitable access to effective and diverse teachers by 2040.
Subd. 3. Rights
not created. The attainment
goal in this section is not to the exclusion of any other goals and does not
confer a right or create a claim for any person.
Subd. 4. Reporting. Beginning in 2022 and every
even-numbered year thereafter, the Professional Educator Licensing and
Standards Board must collaborate with the Department of Education and the
Office of Higher Education to publish a summary report of each of the programs
they administer and any other programs receiving state appropriations that have
or include an explicit purpose of increasing the racial and ethnic diversity of
the state's teacher workforce to more closely reflect the diversity of students. The report must include programs under sections
122A.59, 122A.63, 122A.635, 122A.70, 122A.73, 124D.09, 124D.861, 136A.1274,
136A.1276, and 136A.1791, along with any other programs or initiatives that
receive state appropriations to address the shortage of teachers of color and
American Indian teachers. The board
must, in coordination with the Office of Higher Education and Department of
Education, provide policy and funding recommendations related to state-funded
programs to increase the recruitment, preparation, licensing, hiring, and
retention of racially and ethnically diverse teachers and the state's progress
toward meeting or exceeding the goals of this section. The report must include recommendations for
state policy and funding needed to achieve the goals of this section, plans for
sharing the report and activities of grant recipients, and opportunities among
grant recipients of various programs to share effective practices with each
other. The 2022 report must include a
recommendation of whether a state advisory council should be established to
address the shortage of racially and ethnically diverse teachers and what the
composition and charge of such an advisory council would be if established. The board must consult with the Indian
Affairs Council and other ethnic councils along with other community partners,
including students of color and American Indian students, in developing the
report. By November 1 of each
even-numbered year, the board must submit the report to the chairs and ranking
minority members of the legislative committees with jurisdiction over education
and higher education policy and finance.
The report must be available to the public on the board's website.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 2. [120B.25]
CURRICULUM POLICY.
A school board must adopt a written
policy that prohibits discrimination or discipline for a teacher or principal
on the basis of incorporating into curriculum contributions by persons in a
federally protected class or protected class under sections 121A.031 and
363A.13, consistent with local collective bargaining agreements and sections
121A.41 to 121A.56.
Sec. 3. Minnesota Statutes 2020, section 122A.06, subdivision 6, is amended to read:
Subd. 6. Shortage area. "Shortage area" means:
(1) licensure fields and economic development regions reported by the commissioner of education or the Professional Educator Licensing and Standards Board as experiencing a teacher shortage, including the number of assignments a school district is unable to fill with a licensed teacher by November 1 of every even-numbered year; and
(2) economic development regions where there is a shortage of licensed teachers who reflect the racial or ethnic diversity of students in the region.
EFFECTIVE
DATE. This section is effective
July 1, 2022.
Sec. 4. Minnesota Statutes 2020, section 122A.091, subdivision 5, is amended to read:
Subd. 5. Survey of districts. (a) The Professional Educator Licensing and Standards Board must survey the state's school districts and teacher preparation programs and report to the education committees of the legislature by February 1, 2019, and each odd-numbered year thereafter, on the status of teacher early retirement patterns, the
access to effective and more diverse teachers who reflect the students under section 120B.35, subdivision 3, paragraph (b), clause (2), enrolled in a district or school, the teacher shortage, and the substitute teacher shortage, including patterns and shortages in licensure field areas and the economic development regions of the state.
(b) The report must also include:
(1) aggregate data on teachers' self-reported race and ethnicity;
(2) data on how districts are making progress in hiring teachers and substitute teachers in the areas of shortage, including the number of teachers hired in the preceding two years, the number of teachers hired holding a license at each tier level, the number of assignments the school district was unable to fill with a licensed teacher, and licenses and permissions for license fields without a board-approved preparation program by economic development regions; and
(3) a five-year projection of teacher demand for each district, taking into account the students under section 120B.35, subdivision 3, paragraph (b), clause (2), expected to enroll in the district during that five-year period.
EFFECTIVE
DATE. This section is
effective July 1, 2022.
Sec. 5. Minnesota Statutes 2020, section 122A.14, is amended by adding a subdivision to read:
Subd. 11. Mental
illness. The board must adopt
rules that require all school administrators renewing a license to include in
the renewal requirements at least two hours of mental illness training. The training must include at least one hour
of suicide prevention training in each licensure renewal period that is a
nationally recognized evidence-based program.
At least one additional hour of training must include understanding the
key warning signs of early-onset mental illness in children and adolescents,
trauma, accommodations for students' mental illness, parents' roles in
addressing students' mental illness, fetal alcohol spectrum disorders, autism,
and de-escalation methods, among other similar topics.
Sec. 6. Minnesota Statutes 2020, section 122A.181, subdivision 5, is amended to read:
Subd. 5. Limitations on license. (a) A Tier 1 license is limited to the content matter indicated on the application for the initial Tier 1 license under subdivision 1, clause (2), and limited to the district or charter school that requested the initial Tier 1 license.
(b) A Tier 1 license does not bring an individual within the definition of a teacher for purposes of section 122A.40, subdivision 1, or 122A.41, subdivision 1, clause (a).
(c) A Tier 1 license does not bring an
individual within the definition of a teacher under section 179A.03,
subdivision 18.
Sec. 7. Minnesota Statutes 2020, section 122A.183, subdivision 1, is amended to read:
Subdivision 1. Requirements. (a) The Professional Educator Licensing and Standards Board must issue a Tier 3 license to a candidate who provides information sufficient to demonstrate all of the following:
(1) the candidate meets the educational or professional requirements in paragraphs (b) and (c);
(2) the candidate has obtained a passing score on the required licensure exams under section 122A.185; and
(3) the candidate has completed the coursework required under subdivision 2.
(b) A candidate for a Tier 3 license must have a bachelor's degree to teach a class or course outside a career and technical education or career pathways course of study.
(c) A candidate for a Tier 3 license must have one of the following credentials in a relevant content area to teach a class or course in a career and technical education or career pathways course of study:
(1) an associate's degree;
(2) a professional certification; or
(3) five years of relevant work experience.
In consultation with the governor's Workforce Development Board established under section 116L.665, the board must establish a list of qualifying certifications, and may add additional professional certifications in consultation with school administrators, teachers, and other stakeholders.
(d) The board must issue a Tier 3
license to a candidate who provides information sufficient to demonstrate the
following, regardless of whether the candidate meets other requirements in this
section:
(1) the candidate has completed a
teacher preparation program from a culturally specific Minority Serving
Institution in the United States, such as Historically Black Colleges and
Universities, Tribal Colleges and Universities, or Hispanic-Serving
Institutions, including those in Puerto Rico, and is eligible for a teacher
license in another state; or
(2) the candidate has completed a
university teacher preparation program in another country and has taught at
least two years.
The candidate must have completed student teaching
comparable to the student teaching expectations in Minnesota.
Sec. 8. Minnesota Statutes 2020, section 122A.184, subdivision 1, is amended to read:
Subdivision 1. Requirements. The Professional Educator Licensing and Standards Board must issue a Tier 4 license to a candidate who provides information sufficient to demonstrate all of the following:
(1) the candidate meets all requirements for a Tier 3 license under section 122A.183, and has completed a teacher preparation program under section 122A.183, subdivision 2, clause (1) or (2);
(2) the candidate has at least three years of teaching experience in Minnesota or another state;
(3) the candidate has obtained a passing score on all required licensure exams under section 122A.185; and
(4) the candidate's most recent summative teacher evaluation did not result in placing or otherwise keeping the teacher in an improvement process pursuant to section 122A.40, subdivision 8, or 122A.41, subdivision 5.
Sec. 9. Minnesota Statutes 2020, section 122A.185, subdivision 1, is amended to read:
Subdivision 1. Tests. (a) The Professional Educator
Licensing and Standards Board must adopt rules requiring a candidate to
demonstrate a passing score on a board-adopted examination of skills in
reading, writing, and mathematics before being granted a Tier 4 teaching
license under section 122A.184 to provide direct instruction to pupils in
elementary, secondary, or special education programs. Candidates may obtain a Tier 1, Tier 2, or
Tier 3 license to provide direct instruction to pupils in elementary,
secondary, or special education programs if candidates meet the other
requirements in section 122A.181, 122A.182, or 122A.183, respectively.
(b) (a) The board
must adopt and revise rules requiring candidates applicants
for Tier 3 and Tier 4 licenses to pass an examination or performance
assessment of general pedagogical knowledge and examinations of licensure
field specific content. if the applicant has not completed a
board-approved preparation program assuring that candidates from the program
recommended for licensure meet content and pedagogy licensure standards in
Minnesota. Candidates who have
satisfactorily completed board-approved programs in Minnesota with required
coursework and clinical field experiences that include learning opportunities
and assessments aligned to content and pedagogy licensure standards are not
additionally required to pass content and pedagogy exams for Tier 3 licensure. Applicants who have satisfactorily completed
a preparation program in another state and passed licensure examinations in
that state are not additionally required to pass similar examinations required
in Minnesota. The content
examination requirement does not apply if no relevant content exam exists.
(c) (b) Candidates for
initial Tier 3 and Tier 4 licenses to teach elementary students must pass test
items assessing the candidates' knowledge, skill, and ability in comprehensive,
scientifically based reading instruction under section 122A.06, subdivision 4,
knowledge and understanding of the foundations of reading development,
development of reading comprehension and reading assessment and instruction,
and the ability to integrate that knowledge and understanding into instruction
strategies under section 122A.06, subdivision 4.
(c) All testing centers in the state
must provide monthly opportunities for untimed content and pedagogy
examinations. These opportunities must
be advertised on the test registration website.
The board must require the exam vendor to provide other equitable
opportunities to pass exams, including:
(1) waiving testing fees for test
takers who qualify for federal grants;
(2) providing free, multiple,
full-length practice tests for each exam and free, comprehensive study guides
on the test registration website;
(3) making content and pedagogy exams
available in languages other than English for teachers seeking licensure to
teach in language immersion programs; and
(4) providing free, detailed exam
results analysis by test objective to assist candidates who do not pass an exam
in identifying areas for improvement.
Any candidate who has not passed a required exam after two
attempts must be allowed to retake the exam, including new versions of the
exam, without being charged an additional fee.
(d) The requirement to pass a board-adopted reading, writing, and mathematics skills examination does not apply to nonnative English speakers, as verified by qualified Minnesota school district personnel or Minnesota higher education faculty, who, after meeting the content and pedagogy requirements under this subdivision, apply for a teaching license to provide direct instruction in their native language or world language instruction under section 120B.022, subdivision 1.
EFFECTIVE
DATE. This section is
effective July 1, 2022.
Sec. 10. Minnesota Statutes 2020, section 122A.187, is amended by adding a subdivision to read:
Subd. 7. American
Indian history and culture. The
Professional Educator Licensing and Standards Board must adopt rules that require
all licensed teachers renewing their license under sections 122A.181 to
122A.184 to include in the renewal requirements professional development in the
cultural heritage and contemporary contributions of American Indians, with
particular emphasis on Minnesota Tribal Nations.
EFFECTIVE
DATE. This section is
effective July 1, 2023.
Sec. 11. Minnesota Statutes 2020, section 122A.40, subdivision 3, is amended to read:
Subd. 3. Hiring, dismissing. (a) School boards must hire or dismiss teachers at duly called meetings. Where a husband and wife, brother and sister, or two brothers or sisters, constitute a quorum, no contract employing a teacher shall be made or authorized except upon the unanimous vote of the full board. A teacher related by blood or marriage, within the fourth degree, computed by the civil law, to a board member shall not be employed except by a unanimous vote of the full board. The initial employment of the teacher in the district must be by written contract, signed by the teacher and by the chair and clerk. All subsequent employment of the teacher in the district must be by written contract, signed by the teacher and by the chair and clerk, except where there is a master agreement covering the employment of the teacher. Contracts for teaching or supervision of teaching can be made only with qualified teachers. A teacher shall not be required to reside within the employing district as a condition to teaching employment or continued teaching employment.
(b) A school district must report all
new teacher hires and terminations, including layoffs, by race and ethnicity
annually to the Professional Educator Licensing and Standards Board. The report must not include data that would
personally identify individuals.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 12. Minnesota Statutes 2020, section 122A.40, subdivision 5, is amended to read:
Subd. 5. Probationary period. (a) The first three consecutive years of a teacher's first teaching experience in Minnesota in a single district is deemed to be a probationary period of employment, and, the probationary period in each district in which the teacher is thereafter employed shall be one year. The school board must adopt a plan for written evaluation of teachers during the probationary period that is consistent with subdivision 8. Evaluation must occur at least three times periodically throughout each school year for a teacher performing services during that school year; the first evaluation must occur within the first 90 days of teaching service. Days devoted to parent‑teacher conferences, teachers' workshops, and other staff development opportunities and days on which a teacher is absent from school must not be included in determining the number of school days on which a teacher performs services. Except as otherwise provided in paragraph (b), during the probationary period any annual contract with any teacher may or may not be renewed as the school board shall see fit. However, the board must give any such teacher whose contract it declines to renew for the following school year written notice to that effect before July 1. If the teacher requests reasons for any nonrenewal of a teaching contract, the board must give the teacher its reason in writing, including a statement that appropriate supervision was furnished describing the nature and the extent of such supervision furnished the teacher during the employment by the board, within ten days after receiving such request. The school board may, after a hearing held upon due notice, discharge a teacher during the probationary period for cause, effective immediately, under section 122A.44.
(b) A board must discharge a probationary teacher, effective immediately, upon receipt of notice under section 122A.20, subdivision 1, paragraph (b), that the teacher's license has been revoked due to a conviction for child abuse or sexual abuse.
(c) A probationary teacher whose first three years of consecutive employment are interrupted for active military service and who promptly resumes teaching consistent with federal reemployment timelines for uniformed service personnel under United States Code, title 38, section 4312(e), is considered to have a consecutive teaching experience for purposes of paragraph (a).
(d) A probationary teacher whose first three years of consecutive employment are interrupted for maternity, paternity, or medical leave and who resumes teaching within 12 months of when the leave began is considered to have a consecutive teaching experience for purposes of paragraph (a) if the probationary teacher completes a combined total of three years of teaching service immediately before and after the leave.
(e) A probationary teacher must complete at least 120 days of teaching service each year during the probationary period. Days devoted to parent-teacher conferences, teachers' workshops, and other staff development opportunities and days on which a teacher is absent from school do not count as days of teaching service under this paragraph.
(f) Notwithstanding any law to the
contrary, a teacher who has taught for three consecutive years in a single
school district or charter school in Minnesota or another state must serve a
probationary period no longer than one year in a Minnesota school district.
EFFECTIVE
DATE. This section is
effective for collective bargaining agreements effective July 1, 2023, and
thereafter.
Sec. 13. Minnesota Statutes 2020, section 122A.40, subdivision 8, is amended to read:
Subd. 8. Development, evaluation, and peer coaching for continuing contract teachers. (a) To improve student learning and success, a school board and an exclusive representative of the teachers in the district, consistent with paragraph (b), may develop a teacher evaluation and peer review process for probationary and continuing contract teachers through joint agreement. If a school board and the exclusive representative of the teachers do not agree to an annual teacher evaluation and peer review process, then the school board and the exclusive representative of the teachers must implement the state teacher evaluation plan under paragraph (c). The process must include having trained observers serve as peer coaches or having teachers participate in professional learning communities, consistent with paragraph (b).
(b) To develop, improve, and support qualified teachers and effective teaching practices, improve student learning and success, and provide all enrolled students in a district or school with improved and equitable access to more effective and diverse teachers, the annual evaluation process for teachers:
(1) must, for probationary teachers, provide for all evaluations required under subdivision 5;
(2) must establish a three-year professional review cycle for each teacher that includes an individual growth and development plan, a peer review process, and at least one summative evaluation performed by a qualified and trained evaluator such as a school administrator. For the years when a tenured teacher is not evaluated by a qualified and trained evaluator, the teacher must be evaluated by a peer review;
(3) must be based on professional
teaching standards established in rule create, adopt, or revise a rubric
of performance standards for teacher practice that (i) is based on professional
teaching standards established in rule, (ii) includes culturally responsive
methodologies, and (iii) provides common descriptions of effectiveness using at
least three levels of performance;
(4) must coordinate staff development activities under sections 122A.60 and 122A.61 with this evaluation process and teachers' evaluation outcomes;
(5) may provide time during the school day and school year for peer coaching and teacher collaboration;
(6) may include job-embedded learning opportunities such as professional learning communities;
(7) may include mentoring and induction programs for teachers, including teachers who are members of populations underrepresented among the licensed teachers in the district or school and who reflect the diversity of students under section 120B.35, subdivision 3, paragraph (b), clause (2), who are enrolled in the district or school;
(8) must include an option for teachers to develop and present a portfolio demonstrating evidence of reflection and professional growth, consistent with section 122A.187, subdivision 3, and include teachers' own performance assessment based on student work samples and examples of teachers' work, which may include video among other activities for the summative evaluation;
(9) must use data from valid and reliable assessments aligned to state and local academic standards and must use state and local measures of student growth and literacy that may include value-added models or student learning goals to determine 35 percent of teacher evaluation results;
(10) must use longitudinal data on student engagement and connection, and other student outcome measures explicitly aligned with the elements of curriculum for which teachers are responsible, including academic literacy, oral academic language, and achievement of content areas of English learners;
(11) must require qualified and trained evaluators such as school administrators to perform summative evaluations and ensure school districts and charter schools provide for effective evaluator training specific to teacher development and evaluation;
(12) must give teachers not meeting professional teaching standards under clauses (3) through (11) support to improve through a teacher improvement process that includes established goals and timelines; and
(13) must discipline a teacher for not making adequate progress in the teacher improvement process under clause (12) that may include a last chance warning, termination, discharge, nonrenewal, transfer to a different position, a leave of absence, or other discipline a school administrator determines is appropriate.
Data on individual teachers generated under this subdivision are personnel data under section 13.43. The observation and interview notes of peer coaches may only be disclosed to other school officials with the consent of the teacher being coached.
(c) The department, in consultation with parents who may represent parent organizations and teacher and administrator representatives appointed by their respective organizations, representing the Professional Educator Licensing and Standards Board, the Minnesota Association of School Administrators, the Minnesota School Boards Association, the Minnesota Elementary and Secondary Principals Associations, Education Minnesota, and representatives of the Minnesota Assessment Group, the Minnesota Business Partnership, the Minnesota Chamber of Commerce, and Minnesota postsecondary institutions with research expertise in teacher evaluation, must create and publish a teacher evaluation process that complies with the requirements in paragraph (b) and applies to all teachers under this section and section 122A.41 for whom no agreement exists under paragraph (a) for an annual teacher evaluation and peer review process. The teacher evaluation process created under this subdivision does not create additional due process rights for probationary teachers under subdivision 5.
(d) Consistent with the measures of teacher effectiveness under this subdivision:
(1) for students in kindergarten through grade 4, a school administrator must not place or approve the placement of a student in the classroom of a teacher who is in the improvement process referenced in paragraph (b), clause (12), or has not had a summative evaluation if, in the prior year, that student was in the classroom of a teacher who received discipline pursuant to paragraph (b), clause (13), unless no other teacher at the school teaches that grade; and
(2) for students in grades 5 through 12, a school administrator must not place or approve the placement of a student in the classroom of a teacher who is in the improvement process referenced in paragraph (b), clause (12), or has not had a summative evaluation if, in the prior year, that student was in the classroom of a teacher who received discipline pursuant to paragraph (b), clause (13), unless no other teacher at the school teaches that subject area and grade.
All data created and used under this paragraph retains its classification under chapter 13.
EFFECTIVE
DATE. This section is
effective July 1, 2023.
Sec. 14. Minnesota Statutes 2020, section 122A.41, subdivision 2, is amended to read:
Subd. 2. Probationary period; discharge or demotion. (a) All teachers in the public schools in cities of the first class during the first three years of consecutive employment shall be deemed to be in a probationary period of employment during which period any annual contract with any teacher may, or may not, be renewed as the school board, after consulting with the peer review committee charged with evaluating the probationary teachers under subdivision 3, shall see fit. The school site management team or the school board if there is no school site management team, shall adopt a plan for a written evaluation of teachers during the probationary period according to subdivisions 3 and 5. Evaluation by the peer review committee charged with evaluating probationary teachers under subdivision 3 shall occur at least three times periodically throughout each school year for a teacher performing services during that school year; the first evaluation must occur within the first 90 days of teaching service. Days devoted to parent-teacher conferences, teachers' workshops, and other staff development opportunities and days on which a teacher is absent from school shall not be included in determining the number of school days on which a teacher performs services. The school board may, during such probationary period, discharge or demote a teacher for any of the causes as specified in this code. A written statement of the cause of such discharge or demotion shall be given to the teacher by the school board at least 30 days before such removal or demotion shall become effective, and the teacher so notified shall have no right of appeal therefrom.
(b) A probationary teacher whose first three years of consecutive employment are interrupted for active military service and who promptly resumes teaching consistent with federal reemployment timelines for uniformed service personnel under United States Code, title 38, section 4312(e), is considered to have a consecutive teaching experience for purposes of paragraph (a).
(c) A probationary teacher whose first three years of consecutive employment are interrupted for maternity, paternity, or medical leave and who resumes teaching within 12 months of when the leave began is considered to have a consecutive teaching experience for purposes of paragraph (a) if the probationary teacher completes a combined total of three years of teaching service immediately before and after the leave.
(d) A probationary teacher must complete at least 120 days of teaching service each year during the probationary period. Days devoted to parent-teacher conferences, teachers' workshops, and other staff development opportunities and days on which a teacher is absent from school do not count as days of teaching service under this paragraph.
(e) Notwithstanding any law to the
contrary, a teacher who has taught for three consecutive years in a single
school district or charter school in Minnesota or another state must serve a
probationary period no longer than one year in a Minnesota school district.
EFFECTIVE
DATE. This section is
effective for collective bargaining agreements effective July 1, 2023, and
thereafter.
Sec. 15. Minnesota Statutes 2020, section 122A.41, subdivision 5, is amended to read:
Subd. 5. Development, evaluation, and peer coaching for continuing contract teachers. (a) To improve student learning and success, a school board and an exclusive representative of the teachers in the district, consistent with paragraph (b), may develop an annual teacher evaluation and peer review process for probationary and nonprobationary teachers through joint agreement. If a school board and the exclusive representative of the teachers in the district do not agree to an annual teacher evaluation and peer review process, then the school board and the exclusive representative of the teachers must implement the state teacher evaluation plan developed under paragraph (c). The process must include having trained observers serve as peer coaches or having teachers participate in professional learning communities, consistent with paragraph (b).
(b) To develop, improve, and support qualified teachers and effective teaching practices and improve student learning and success, and provide all enrolled students in a district or school with improved and equitable access to more effective and diverse teachers, the annual evaluation process for teachers:
(1) must, for probationary teachers, provide for all evaluations required under subdivision 2;
(2) must establish a three-year professional review cycle for each teacher that includes an individual growth and development plan, a peer review process, and at least one summative evaluation performed by a qualified and trained evaluator such as a school administrator;
(3) must be based on professional
teaching standards established in rule create, adopt, or revise a rubric
of performance standards for teacher practice that (i) is based on professional
teaching standards established in rule, (ii) includes culturally responsive
methodologies, and (iii) provides common descriptions of effectiveness using at
least three levels of performance;
(4) must coordinate staff development activities under sections 122A.60 and 122A.61 with this evaluation process and teachers' evaluation outcomes;
(5) may provide time during the school day and school year for peer coaching and teacher collaboration;
(6) may include job-embedded learning opportunities such as professional learning communities;
(7) may include mentoring and induction programs for teachers, including teachers who are members of populations underrepresented among the licensed teachers in the district or school and who reflect the diversity of students under section 120B.35, subdivision 3, paragraph (b), clause (2), who are enrolled in the district or school;
(8) must include an option for teachers to develop and present a portfolio demonstrating evidence of reflection and professional growth, consistent with section 122A.187, subdivision 3, and include teachers' own performance assessment based on student work samples and examples of teachers' work, which may include video among other activities for the summative evaluation;
(9) must use data from valid and reliable assessments aligned to state and local academic standards and must use state and local measures of student growth and literacy that may include value-added models or student learning goals to determine 35 percent of teacher evaluation results;
(10) must use longitudinal data on student engagement and connection and other student outcome measures explicitly aligned with the elements of curriculum for which teachers are responsible, including academic literacy, oral academic language, and achievement of English learners;
(11) must require qualified and trained evaluators such as school administrators to perform summative evaluations and ensure school districts and charter schools provide for effective evaluator training specific to teacher development and evaluation;
(12) must give teachers not meeting professional teaching standards under clauses (3) through (11) support to improve through a teacher improvement process that includes established goals and timelines; and
(13) must discipline a teacher for not making adequate progress in the teacher improvement process under clause (12) that may include a last chance warning, termination, discharge, nonrenewal, transfer to a different position, a leave of absence, or other discipline a school administrator determines is appropriate.
Data on individual teachers generated under this subdivision are personnel data under section 13.43. The observation and interview notes of peer coaches may only be disclosed to other school officials with the consent of the teacher being coached.
(c) The department, in consultation with parents who may represent parent organizations and teacher and administrator representatives appointed by their respective organizations, representing the Professional Educator Licensing and Standards Board, the Minnesota Association of School Administrators, the Minnesota School Boards Association, the Minnesota Elementary and Secondary Principals Associations, Education Minnesota, and representatives of the Minnesota Assessment Group, the Minnesota Business Partnership, the Minnesota Chamber of Commerce, and Minnesota postsecondary institutions with research expertise in teacher evaluation, must create and publish a teacher evaluation process that complies with the requirements in paragraph (b) and applies to all teachers under this section and section 122A.40 for whom no agreement exists under paragraph (a) for an annual teacher evaluation and peer review process. The teacher evaluation process created under this subdivision does not create additional due process rights for probationary teachers under subdivision 2.
(d) Consistent with the measures of teacher effectiveness under this subdivision:
(1) for students in kindergarten through grade 4, a school administrator must not place or approve the placement of a student in the classroom of a teacher who is in the improvement process referenced in paragraph (b), clause (12), or has not had a summative evaluation if, in the prior year, that student was in the classroom of a teacher who received discipline pursuant to paragraph (b), clause (13), unless no other teacher at the school teaches that grade; and
(2) for students in grades 5 through 12, a school administrator must not place or approve the placement of a student in the classroom of a teacher who is in the improvement process referenced in paragraph (b), clause (12), or has not had a summative evaluation if, in the prior year, that student was in the classroom of a teacher who received discipline pursuant to paragraph (b), clause (13), unless no other teacher at the school teaches that subject area and grade.
All data created and used under this paragraph retains its classification under chapter 13.
EFFECTIVE
DATE. This section is
effective July 1, 2023.
Sec. 16. Minnesota Statutes 2020, section 122A.41, is amended by adding a subdivision to read:
Subd. 16. Hiring
and dismissal. A school
district must report all new teacher hires and terminations, including layoffs,
by race and ethnicity annually to the Professional Educator Licensing and
Standards Board. The report must not
include data that would personally identify individuals.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 17. Minnesota Statutes 2020, section 122A.415, subdivision 4, is amended to read:
Subd. 4. Basic alternative teacher compensation aid. (a) The basic alternative teacher compensation aid for a school with a plan approved under section 122A.414, subdivision 2b, equals 65 percent of the alternative teacher compensation revenue under subdivision 1. The basic alternative teacher compensation aid for a charter school with a plan approved under section 122A.414, subdivisions 2a and 2b, equals $260 times the number of pupils enrolled in the school on October 1 of the previous year, or on October 1 of the current year for a charter school in the first year of operation, times the ratio of the sum of the alternative teacher compensation aid and alternative teacher compensation levy for all participating school districts to the maximum alternative teacher compensation revenue for those districts under subdivision 1.
(b) Notwithstanding paragraph
(a) and subdivision 1, the state total basic alternative teacher compensation
aid entitlement must not exceed $75,840,000 for fiscal year 2016 and
$88,118,000 for fiscal year 2017 2022, $88,951,000 for fiscal year
2023, and $89,161,000 for fiscal year 2024 and later. The commissioner must limit the amount of
alternative teacher compensation aid approved under this section so as not to
exceed these limits by not approving new participants or by prorating the aid
among participating districts, intermediate school districts, school sites, and
charter schools. The commissioner may
also reallocate a portion of the allowable aid for the biennium from the second
year to the first year to meet the needs of approved participants.
(c) Basic alternative teacher compensation aid for an intermediate district or other cooperative unit equals $3,000 times the number of licensed teachers employed by the intermediate district or cooperative unit on October 1 of the previous school year.
EFFECTIVE
DATE. This section is
effective for the entitlement for fiscal year 2023.
Sec. 18. Minnesota Statutes 2020, section 122A.415, is amended by adding a subdivision to read:
Subd. 7. Revenue
uses. (a) Alternative teacher
compensation revenue received under this section must be used for purposes
directly aligned with the implementation of the approved plan under section
122A.414, subdivisions 2, paragraph (b), and 2a, if the applicant is a charter
school or cooperative.
(b) No more than five percent of the
total amount of revenue may be spent on administrative costs.
Sec. 19. Minnesota Statutes 2020, section 122A.415, is amended by adding a subdivision to read:
Subd. 8. Revenue
reserved. Alternative teacher
compensation revenue received under this section must be reserved and used only
for the programs authorized in this section.
Sec. 20. Minnesota Statutes 2020, section 122A.50, is amended to read:
122A.50
PREPARATION TIME.
Subdivision 1. Preparation time. Beginning with agreements effective July 1, 1995, and thereafter, all collective bargaining agreements for teachers provided for under chapter 179A, must include provisions for preparation time or a provision indicating that the parties to the agreement chose not to include preparation time in the contract.
If the parties cannot agree on preparation time the following provision shall apply and be incorporated as part of the agreement: "Within the student day for every 25 minutes of classroom instructional time, a minimum of five additional minutes of preparation time shall be provided to each licensed teacher. Preparation time shall be provided in one or two uninterrupted blocks during the student day. Exceptions to this may be made by mutual agreement between the district and the exclusive representative of the teachers."
Subd. 2. Due
process forms and procedures time. (a)
Beginning with the 2022-2023 school year, a school district must use the
revenue under this subdivision to provide time for teachers to complete due
process forms and procedures in accordance with the plan developed under
paragraph (c). This time is in addition
to the preparation time under subdivision 1.
For purposes of this subdivision, "school district" includes a
charter school where teachers have an exclusive representative for purposes of
collective bargaining.
(b) For fiscal year 2023, the due
process revenue for a school district is equal to $19 times the adjusted pupil
units for the current fiscal year. For
fiscal year 2023, the due process revenue for a school district that is a
member of an intermediate school district or other cooperative unit that
enrolls students is equal to $3.75 times the adjusted pupil units for the
current fiscal year. For fiscal year
2024 and later, the due process revenue for a school district
equals $7.40 times the
adjusted pupil units for the current fiscal year. For fiscal year 2024 and later, the due
process revenue for a school district that is a member of an intermediate
school district or other cooperative unit that enrolls students equals $1.50
times the adjusted pupil units for the current fiscal year. If a district is a member of more than one
cooperative unit that enrolls students, the revenue must be allocated among the
cooperative units.
(c) A district must meet and negotiate
an agreement with the exclusive representative of teachers in the district
containing a plan to use the revenue authorized under this subdivision. The plan must provide teachers that provide
direct services to students with individualized education programs or
individualized family services plans time to complete due process forms and
procedures. Examples of allowed uses for
the revenue include:
(1) twenty hours of paid time for each
teacher providing direct special education services, with the time paid at a
rate proportional to the teacher's annual salary, in addition to the wages
provided under applicable collective bargaining agreements and memoranda
between the school board and exclusive representative of teachers;
(2) the costs of necessary substitute
teachers;
(3) innovative flexible learning days or
weeks that provide teachers time during the regularly scheduled duty day to
complete forms and procedures; and
(4) due process clerks or other staff
dedicated to assisting teachers with due process forms and procedures.
(d) If the district and exclusive
representative cannot reach agreement on a plan to use the revenue, the
agreement must require the revenue to be used for the use identified in
paragraph (c), clause (1). The parties
may agree to reduce the number of paid hours if they agree on another use for
the revenue, including another use identified in paragraph (c).
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 21. Minnesota Statutes 2020, section 122A.635, is amended to read:
122A.635
COLLABORATIVE URBAN AND GREATER MINNESOTA EDUCATORS OF COLOR GRANT PROGRAM.
Subdivision 1. Establishment. The Professional Educator Licensing and Standards Board must award competitive grants to increase the number of teacher candidates who are of color or who are American Indian, complete teacher preparation programs, and meet the requirements for a Tier 3 license under section 122A.183. Eligibility for a grant under this section is limited to public or private higher education institutions that offer a teacher preparation program approved by the Professional Educator Licensing and Standards Board.
Subd. 2. Competitive grants. (a) The Professional Educator Licensing and Standards Board must award competitive grants to a variety of higher education institution types under this section. The board must require an applicant institution to submit a plan describing how it would use grant funds to increase the number of teachers who are of color or who are American Indian, and must award grants based on the following criteria, listed in descending order of priority:
(1) the number of teacher candidates
being supported in the program who are of color or who are American Indian;
(2) (1) program outcomes,
including graduation or program completion rates, and licensure recommendation
rates, and placement rates for candidates who are of color or who are
American Indian compared to all candidates enrolled in a teacher preparation
program at the institution and, for each outcome measure, the number of those
teacher candidates who are of color or who are American Indian; and
(3) the percent of racially
and ethnically diverse teacher candidates enrolled in the institution compared
to:
(i) the total percent of students of
color and American Indian students enrolled at the institution, regardless of
major; and
(ii) the percent of underrepresented
racially and ethnically diverse teachers in the economic development region of
the state where the institution is located and where a shortage of diverse
teachers exists, as reported under section 122A.091, subdivision 5.
(2) the extent to which an
institution's plan is clear in describing how the institution would use grant
funds for implementing explicit research-based practices to provide
programmatic support to teacher candidates who are of color or who are American
Indian. Plans for grant funds may
include:
(i) recruiting more racially and
ethnically diverse candidates for admission to teacher preparation programs;
(ii) providing differentiated advising,
mentoring, or other supportive community-building activities in addition to
what the institution provides to all candidates enrolled in the institution;
(iii) providing academic tutoring or
support to help teacher candidates pass required assessments; and
(iv) providing for program staffing
expenses;
(3) an institution's plan to provide
direct financial assistance as scholarships or stipends within the allowable
dollar range determined by the board under subdivision 3, paragraph (b), to
teacher candidates who are of color or who are American Indian;
(b) The board must give priority in
awarding grants under this section to institutions that received grants under
Laws 2017, First Special Session chapter 5, article 2, section 57, subdivision
27, and have demonstrated continuing success at recruiting, retaining,
graduating, and inducting (4) whether the institution has previously
received a competitive grant under this section and has demonstrated positive
outcomes from the use of grant funds for efforts helping teacher candidates
who are of color or who are American Indian. to enroll in and
successfully complete teacher preparation programs and be recommended for
licensure;
(5) geographic diversity among the
institutions. In order to expand the
number of grant recipients throughout the state, whenever there is at least a
20 percent increase in the base appropriation for this grant program, the board
must prioritize awarding grants to institutions outside of the Twin Cities
metropolitan area. If the board awards
a competitive grant based on the criteria in paragraph (a) to a program
that has not previously received funding, the board must thereafter give
priority to the program equivalent to other programs given priority under
this paragraph. that have received
grants and demonstrated positive outcomes; and
(6) the percentage of racially and
ethnically diverse teacher candidates enrolled in the institution compared to:
(i) the aggregate percentage of
students of color and American Indian students enrolled in the institution,
regardless of major; and
(ii) the percentage of underrepresented
racially and ethnically diverse teachers in the economic development region of
the state where the institution is located and where a shortage of diverse
teachers exists, as reported under section 122A.091, subdivision 5.
(b) The board must not
penalize an applicant institution in the grant review process for using grant
funds only to provide direct financial support to teacher candidates if that is
the institution's priority and the institution uses other resources to provide
programmatic support to candidates.
(c) The board must determine award amounts
for development, maintenance and, or expansion of programs
based only on the degree to which applicants meet the criteria in
this subdivision, the number of candidates who are of color or who are
American Indian supported by an applicant program, sustaining support
for those candidates, and funds available.
(d) The board must determine grant
awards in part by multiplying the number of teacher candidates to be provided
direct financial assistance by the average amount the institution proposes per
candidate that is within the allowable dollar range. After assessing an institution's adherence to
grant criteria and funds available, the board may grant an institution a lower
average amount per candidate and the institution may decide to award less per
candidate or provide financial assistance to fewer candidates within the
allowable range. Additionally, an
institution may use up to 25 percent of the awarded grant funds to provide
programmatic support as described in paragraph (a), clause (3). If the board does not award an applicant
institution's full request, the board must allow the institution to modify how
it uses grant funds to maximize program outcomes consistent with the
requirements of this section.
Subd. 3. Grant program administration. (a) The Professional Educator Licensing and Standards Board may enter into an interagency agreement with the Office of Higher Education. The agreement may include a transfer of funds to the Office of Higher Education to help establish and administer the competitive grant process. The board must award grants to institutions located in various economic development regions throughout the state, but must not predetermine the number of institutions to be awarded grants under this section or set a limit for the amount that any one institution may receive as part of the competitive grant application process.
(b) The board must establish a standard
allowable dollar range for the amount of direct financial assistance an
applicant institution may provide to each candidate. To determine the range, the board may collect
de-identified data from institutions that received a grant during the previous
grant period and calculate the average scholarship amount awarded to all
candidates across all institutions using the most recent fiscal year data
available. The calculation may be used
to determine a scholarship range that is no more than 25 percent than this
amount and no less than half the average of this amount. The purpose of direct financial assistance is
to assist candidates matriculating through completing licensure programs if
they demonstrate financial need after considering other grants and scholarships
provided.
(c) All grants must be awarded by
August 15 of the fiscal year in which the grants are to be used except that,
for initial competitive grants awarded for fiscal year 2020, grants must be
awarded by September 15. An
institution that receives a grant under this section may use the grant funds
over a two- to four-year period to sustain support for teacher
candidates at any stage from recruitment and program admission to graduation
and licensure application.
Subd. 4. Report. (a) By January July 15 of
each year, an institution awarded a grant under this section must prepare for
the legislature and the board a detailed report regarding the expenditure of
grant funds, including the amounts used to recruit, retain, and induct support
teacher candidates of color or who are American Indian teacher
candidates to complete programs and be recommended for licensure. The report must include:
(1) the total number of teacher
candidates of color, disaggregated by race or ethnic group, who and
American Indian teacher candidates who:
(i) are enrolled in the institution;
(ii) are supported by grant funds with
direct financial assistance during the academic reporting year;
(iii) are supported with other
programmatic supports;
(iv) are recruited to the
institution, are and newly admitted to the a licensure
program, are enrolled in the;
(v) are enrolled in a licensure
program;
(vi) have completed a licensure
program, have completed student teaching, have graduated, are licensed, and
are newly employed as Minnesota teachers in their licensure field. A grant recipient must report; and
(vii) were recommended for licensure in
the field for which they were prepared;
(2) the total number of teacher
candidates of color or who are American Indian teacher candidates
at each stage from recruitment program admission to licensed
teaching licensure recommendation as a percentage of total all
candidates seeking the same licensure at the institution.; and
(3) a brief narrative describing the
successes and challenges of efforts proposed in the grant application to
support candidates with grant funds, and lessons learned for future efforts.
(b) By September 1 of each year, the board must post a report on its website summarizing the activities and outcomes of grant recipients and results that promote sharing of effective practices and lessons learned among grant recipients.
Sec. 22. Minnesota Statutes 2021 Supplement, section 122A.70, is amended to read:
122A.70
TEACHER MENTORSHIP AND RETENTION OF EFFECTIVE TEACHERS.
Subdivision 1. Teacher mentoring, induction, and retention programs. (a) School districts must develop teacher mentoring programs for teachers new to the profession or district, including teaching residents, teachers of color, teachers who are American Indian, teachers in license shortage areas, teachers with special needs, or experienced teachers in need of peer coaching.
(b) Teacher mentoring programs must be
included in or aligned with districts' teacher evaluation and peer review
processes under sections 122A.40, subdivision 8, and 122A.41, subdivision 5. A district may use staff development revenue
under section 122A.61, special grant programs established by the legislature,
or another funding source to pay a stipend to a mentor who may be a current or
former teacher who has taught at least three years and is not on an improvement
plan. Other initiatives using such
funds or funds available under sections 124D.861 and 124D.862 may include:
(1) additional stipends as incentives
to mentors of color or who are American Indian;
(2) financial supports for professional
learning community affinity groups across schools within and between districts
for teachers from underrepresented racial and ethnic groups to come together
throughout the school year. For purposes
of this section, "affinity groups" are groups of educators who share
a common racial or ethnic identity in society as persons of color or who are
American Indian;
(3) programs for induction aligned with
the district or school mentorship program during the first three years of
teaching, especially for teachers from underrepresented racial and ethnic
groups; or
(4) grants supporting licensed and
nonlicensed educator participation in professional development, such as
workshops and graduate courses, related to increasing student achievement for
students of color and American Indian students in order to close opportunity
and achievement gaps.
(c) A school or district that
receives a grant must negotiate additional retention strategies or protection
from unrequested leave of absences in the beginning years of employment for
teachers of color and teachers who are American Indian. Retention strategies may include providing
financial incentives for teachers of color and teachers who are American Indian
to work in the school or district for at least five years and placing American
Indian educators at sites with other American Indian educators and educators of
color at sites with other educators of color to reduce isolation and increase
opportunity for collegial support.
Subd. 2. Board
grants. The Professional Educator
Licensing and Standards Board must make grant application forms available to
sites interested in developing, sustaining, or expanding a mentorship
program. A school district; a or
group of school districts; a coalition of districts, teachers, and teacher
education institutions; or, a school or coalition of schools,
or a coalition of teachers, or nonlicensed educators may apply
for a program grant. A higher
education institution or nonprofit organization may partner with a grant
applicant but is not eligible as a sole applicant for grant funds. The Professional Educator Licensing and Standards
Board, in consultation with the teacher mentoring task force, must approve or
disapprove the applications. To the
extent possible, the approved applications must reflect effective mentoring,
professional development, and retention components, and be geographically
distributed throughout the state. The
Professional Educator Licensing and Standards Board must encourage the selected
sites to consider the use of its assessment procedures.
Subd. 2a. Funded
work. (a) Grant funds may be
used for the following:
(1) additional stipends as incentives
to mentors who are of color or who are American Indian;
(2) financial supports for professional
learning community affinity groups across schools within and between districts
for educators from underrepresented racial and ethnic groups to come together
throughout the school year. For purposes
of this section, "affinity groups" mean groups of licensed and
nonlicensed educators who share a common racial or ethnic identity in society
as persons who are of color or who are American Indian;
(3) programs for induction aligned with
the district or school mentorship program during the first three years of
teaching, especially for teachers from underrepresented racial and ethnic
groups;
(4) professional development focused on
ways to close opportunity and achievement gaps for students of color and
American Indian students; or
(5) for teachers of color and American
Indian teachers, graduate courses toward a first master's degree in a field
related to their licensure or toward an additional license.
(b) A charter school or district that
receives a grant must negotiate additional retention strategies or protection
from unrequested leaves of absence in the beginning years of employment for
teachers who are of color or who are American Indian. Retention strategies may include providing
financial incentives for teachers of color and teachers who are American Indian
to work in the school or district for at least five years and placing American
Indian educators at sites with other American Indian educators and educators of
color at sites with other educators of color to reduce isolation and increase
opportunity for collegial support.
Subd. 3. Criteria for selection. (a) At a minimum, applicants for grants under subdivision 2 must express commitment to:
(1) allow staff participation;
(2) assess skills of both beginning and mentor teachers;
(3) provide appropriate in-service to needs identified in the assessment;
(4) provide leadership to the effort;
(5) cooperate with higher education institutions or teacher educators;
(6) provide facilities and other resources;
(7) share findings, materials, and techniques with other school districts; and
(8) retain teachers of color and teachers who are American Indian.
(b) The Professional Educator Licensing
and Standards Board must give priority to applications to fund programs to
induct, mentor, and retain Tier 2 or Tier 3 teachers who are of color or who
are American Indian, and Tier 2 or Tier 3 teachers in licensure shortage areas
within the applicant's economic development region.
Subd. 4. Additional funding. Grant applicants must seek additional funding and assistance from sources such as school districts, postsecondary institutions, foundations, and the private sector.
Subd. 5. Program implementation. A grant recipient may use grant funds on implementing activities over a period of time up to 24 months. New and expanding mentorship sites that receive a board grant under subdivision 2 to design, develop, implement, and evaluate their program must participate in activities that support program development and implementation.
Subd. 6. Report. By June September 30 of
each year after receiving a grant, recipients must submit a report to the
Professional Educator Licensing and Standards Board on program efforts that
describes mentoring and induction activities and assesses the impact of these
programs on teacher effectiveness and retention.
EFFECTIVE
DATE. This section is
effective July 1, 2022.
Sec. 23. Minnesota Statutes 2020, section 122A.76, is amended to read:
122A.76
STATEWIDE CONCURRENT ENROLLMENT TEACHER TRAINING PROGRAM PARTNERSHIP.
Subdivision 1. Definition. (a) For purposes of this section, the following terms have the meanings given them.
(b) "Northwest Regional
Partnership" "Concurrent Enrollment Teacher Partnership"
means a voluntary association of the Lakes Country Service Cooperative, the
Northwest Service Cooperative, and the Metropolitan Education
Cooperative Service Unit, Minnesota State University-Moorhead, and other
interested colleges and universities operated by the Minnesota State system or
the University of Minnesota that works work together to
provide coordinated higher learning opportunities for teachers.
(c) "State Partnership" means
a voluntary association of the Northwest Regional Partnership and the
Metropolitan Educational Cooperative Service Unit.
(d) (c) "Eligible
postsecondary institution" means a public or private postsecondary
institution that awards graduate credits.
(e) (d) "Eligible
teacher" means a licensed secondary teacher of secondary school
courses for postsecondary credit interested in teaching or currently
teaching concurrent enrollment courses.
Subd. 1a. Fiscal
host. Lakes Country Service
Cooperative is the fiscal host for the Concurrent Enrollment Teacher
Partnership.
Subd. 2. Establishment. (a) Lakes Country Service Cooperative,
in consultation with the Northwest Service Cooperative, The Concurrent
Enrollment Teacher Partnership may develop a continuing education
program to allow eligible teachers to attain the requisite graduate credits
necessary to be qualified to teach secondary school courses for
postsecondary credit concurrent enrollment courses.
(b) If established, the State
Partnership The Concurrent Enrollment Teacher Partnership must
contract with one or more eligible postsecondary institutions to establish a continuing
education credit program to allow eligible teachers to attain sufficient
graduate credits to qualify to teach secondary school concurrent
enrollment courses for postsecondary credit. Members of the State Concurrent
Enrollment Teacher Partnership must work to eliminate duplication of
service and develop the continuing education credit program efficiently
and cost-effectively.