Journal of the House - 71st Day - Tuesday, May 16, 2023 - Top of Page 8027

 

 

STATE OF MINNESOTA

 

 

NINETY-THIRD SESSION - 2023

 

_____________________

 

SEVENTY-FIRST DAY

 

Saint Paul, Minnesota, Tuesday, May 16, 2023

 

 

      The House of Representatives convened at 11:00 a.m. and was called to order by Dan Wolgamott, Speaker pro tempore.

 

      Prayer was offered by Pastor Austin Wartner, Metropolitan Baptist Church, Bloomington, 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

Altendorf

Anderson, P. E.

Backer

Bahner

Bakeberg

Baker

Becker-Finn

Bennett

Berg

Bierman

Bliss

Brand

Burkel

Carroll

Cha

Clardy

Coulter

Curran

Daniels

Daudt

Davids

Davis

Demuth

Dotseth

Edelson

Elkins

Engen

Feist

Finke

Fischer

Fogelman

Franson

Frederick

Freiberg

Garofalo

Gillman

Gomez

Greenman

Grossell

Hansen, R.

Hanson, J.

Harder

Hassan

Heintzeman

Hemmingsen-Jaeger

Her

Hicks

Hill

Hollins

Hornstein

Howard

Hudella

Hudson

Huot

Hussein

Igo

Jacob

Johnson

Jordan

Joy

Keeler

Klevorn

Knudsen

Koegel

Kotyza-Witthuhn

Kozlowski

Koznick

Kraft

Kresha

Lee, F.

Lee, K.

Liebling

Lillie

Lislegard

Long

McDonald

Mekeland

Moller

Mueller

Murphy

Myers

Nadeau

Nash

Nelson, M.

Neu Brindley

Newton

Niska

Noor

Norris

Novotny

O'Driscoll

Olson, B.

Olson, L.

O'Neill

Pelowski

Pérez-Vega

Perryman

Petersburg

Pfarr

Pinto

Pryor

Pursell

Quam

Rehm

Reyer

Richardson

Robbins

Schomacker

Schultz

Scott

Sencer-Mura

Skraba

Smith

Stephenson

Swedzinski

Tabke

Torkelson

Urdahl

Vang

West

Wiener

Wiens

Witte

Wolgamott

Xiong

Youakim

Zeleznikar

Spk. Hortman


 

      A quorum was present.

 

      Anderson, P. H., and Kiel were excused.

 

      Frazier was excused until 1:45 p.m.  Nelson, N., was excused until 4:10 p.m. 

 

      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.


Journal of the House - 71st Day - Tuesday, May 16, 2023 - Top of Page 8028

PETITIONS AND COMMUNICATIONS

 

 

      The following communications were received:

 

 

STATE OF MINNESOTA

OFFICE OF THE SECRETARY OF STATE

ST. PAUL 55155

 

The Honorable Melissa Hortman

Speaker of the House of Representatives

 

The Honorable Bobby Joe Champion

President of the Senate

 

      I have the honor to inform you that the following enrolled Act of the 2023 Session of the State Legislature has been received from the Office of the Governor and is deposited in the Office of the Secretary of State for preservation, pursuant to the State Constitution, Article IV, Section 23:

 

 

S. F.

No.

 

H. F.

No.

 

Session Laws

Chapter No.

Time and

Date Approved

2023

 

Date Filed

2023

 

        10                                                   30                                          11:45 a.m.  May 2                                   May 2

 

 

                                                                                                                                Sincerely,

 

                                                                                                                                Steve Simon

                                                                                                                                Secretary of State

 

 

STATE OF MINNESOTA

OFFICE OF THE GOVERNOR

SAINT PAUL 55155

 

May 8, 2023

 

The Honorable Melissa Hortman

Speaker of the House of Representatives

The State of Minnesota

 

Dear Speaker Hortman:

 

      Please be advised that I have received, approved, signed, and deposited in the Office of the Secretary of State the following House Files:

 

      H. F. No. 463, relating to capital investment; appropriating money for the Rural Finance Authority; authorizing the sale and issuance of state bonds.


Journal of the House - 71st Day - Tuesday, May 16, 2023 - Top of Page 8029

           H. F. No. 3, relating to elections; modifying provisions related to voter registration; absentee voting; requiring voting instructions and sample ballots to be multilingual and interpreters to be provided in certain situations; regulating intimidation, deceptive practices, and interference with voter registration and voting; campaign finance; expanding the definition of express advocacy; providing penalties; requiring reports; appropriating money.

 

      H. F. No. 717, relating to transportation; designating a segment of marked Trunk Highway 5 in Chanhassen as Prince Rogers Nelson Memorial Highway; modifying the Augie Mueller Memorial Highway.

 

 

                                                                                                                                Sincerely,

 

                                                                                                                                Tim Walz

                                                                                                                                Governor

 

 

STATE OF MINNESOTA

OFFICE OF THE SECRETARY OF STATE

ST. PAUL 55155

 

The Honorable Melissa Hortman

Speaker of the House of Representatives

 

The Honorable Bobby Joe Champion

President of the Senate

 

      I have the honor to inform you that the following enrolled Acts of the 2023 Session of the State Legislature have been received from the Office of the Governor and are deposited in the Office of the Secretary of State for preservation, pursuant to the State Constitution, Article IV, Section 23:

 

 

S. F.

No.

 

H. F.

No.

 

Session Laws

Chapter No.

Time and

Date Approved

2023

 

Date Filed

2023

 

                                 463                         32                                         4:53 p.m.  May 8                                     May 8

     2369                                                   33                                         4:52 p.m.  May 8                                     May 8

                                      3                         34                                       10:27 a.m.  May 5                                     May 5

                                 717                         35                                       11:57 a.m.  May 9                                     May 9

 

 

                                                                                                                                Sincerely,

 

                                                                                                                                Steve Simon

                                                                                                                                Secretary of State

 

 

STATE OF MINNESOTA

OFFICE OF THE GOVERNOR

SAINT PAUL 55155

 

May 15, 2023

 

The Honorable Melissa Hortman

Speaker of the House of Representatives

The State of Minnesota

 

Dear Speaker Hortman:

 

      Please be advised that I have received, approved, signed, and deposited in the Office of the Secretary of State the following House Files:


Journal of the House - 71st Day - Tuesday, May 16, 2023 - Top of Page 8030

           H. F. No. 800, relating to state government; ratifying certain labor agreements and memorandums of understanding.

 

      H. F. No. 2335, relating to state government; establishing budget for Minnesota Housing Finance Agency; making policy, finance, and technical changes to housing provisions; expanding and establishing certain homeownership, manufactured home, and rent assistance programs; expanding requirements and uses of housing infrastructure bonds; establishing metropolitan region sales tax; establishing local affordable housing aid; requiring reports; appropriating money.

 

      H. F. No. 1937, relating to state government; establishing a budget for the Department of Military Affairs and the Department of Veterans Affairs; modifying veterans bonus program and Minnesota GI bill program provisions; establishing the veteran domiciliary resident quality of care working group; requiring reports; appropriating money.

 

 

                                                                                                                                Sincerely,

 

                                                                                                                                Tim Walz

                                                                                                                                Governor

 

 

STATE OF MINNESOTA

OFFICE OF THE SECRETARY OF STATE

ST. PAUL 55155

 

The Honorable Melissa Hortman

Speaker of the House of Representatives

 

The Honorable Bobby Joe Champion

President of the Senate

 

      I have the honor to inform you that the following enrolled Acts of the 2023 Session of the State Legislature have been received from the Office of the Governor and are deposited in the Office of the Secretary of State for preservation, pursuant to the State Constitution, Article IV, Section 23:

 

 

S. F.

No.

 

H. F.

No.

 

Session Laws

Chapter No.

Time and

Date Approved

2023

 

Date Filed

2023

 

                                 800                         36                                         1:27 p.m.  May 15                                   May 15

                               2335                         37                                         1:28 p.m.  May 15                                   May 15

                               1937                         38                                         1:29 p.m.  May 15                                   May 15

 

 

                                                                                                                                Sincerely,

 

                                                                                                                                Steve Simon

                                                                                                                                Secretary of State


Journal of the House - 71st Day - Tuesday, May 16, 2023 - Top of Page 8031

INTRODUCTION AND FIRST READING OF HOUSE BILLS

 

 

      The following House Files were introduced:

 

 

Pursell; Jordan; Davids; Skraba; Nelson, N.; Schultz; Smith; Olson, L.; Clardy; Finke; Hill; Fischer; Vang; Carroll; Kozlowski; Kraft; Hansen, R.; Lee, K.; Lillie; Bierman; Klevorn; Bahner; Elkins; Frazier; Huot; Greenman; Sencer-Mura; Frederick; Brand; Youakim; Kotyza-Witthuhn; Acomb; Pryor; Hornstein and Tabke introduced:

 

H. F. No. 3321, A bill for an act relating to natural resources; creating Outdoor School for All grant program; appropriating money; proposing coding for new law in Minnesota Statutes, chapter 84.

 

The bill was read for the first time and referred to the Committee on Environment and Natural Resources Finance and Policy.

 

 

Engen, Franson, Dotseth, Novotny, Davis and Altendorf introduced:

 

H. F. No. 3322, A bill for an act relating to retirement; establishing the State Retirement Plan Protection Act; prohibiting the subordination of financial interests to social, political, or ideological interests when investing state pension assets or exercising shareholder rights; amending Minnesota Statutes 2022, sections 11A.04; 356A.01, by adding a subdivision; 356A.04, by adding a subdivision.

 

The bill was read for the first time and referred to the Committee on State and Local Government Finance and Policy.

 

 

Koznick, Scott, Robbins, Wiens, Harder, Dotseth and Witte introduced:

 

H. F. No. 3323, A bill for an act relating to the Metropolitan Council; providing for staggered terms; expanding the membership of the nomination committee; requiring additional information to be made publicly available as part of the selection process; clarifying council member qualifications; amending Minnesota Statutes 2022, section 473.123, subdivisions 2a, 3.

 

The bill was read for the first time and referred to the Committee on State and Local Government Finance and Policy.

 

 

Reyer introduced:

 

H. F. No. 3324, A bill for an act relating to human services; requiring family therapy services paid at rate equal to individual therapy services; amending Minnesota Statutes 2022, section 256B.761.

 

The bill was read for the first time and referred to the Committee on Human Services Finance.


Journal of the House - 71st Day - Tuesday, May 16, 2023 - Top of Page 8032

Urdahl, Franson, Schomacker, Niska and Scott introduced:

 

H. F. No. 3325, A bill for an act relating to public safety; modifying crime of sexual extortion to include the dissemination of private images when a person's intimate parts are exposed; providing for notice and education regarding the crime; providing for a report; amending Minnesota Statutes 2022, section 609.3458; proposing coding for new law in Minnesota Statutes, chapter 121A.

 

The bill was read for the first time and referred to the Committee on Public Safety Finance and Policy.

 

 

      Long moved that the House recess subject to the call of the Chair.  The motion prevailed.

 

 

RECESS

 

 

RECONVENED

 

      The House reconvened and was called to order by Speaker pro tempore Wolgamott.

 

 

      Jordan was excused between the hours of 12:30 p.m. and 1:15 p.m.

 

 

      The following Conference Committee Report was received:

 

 

CONFERENCE COMMITTEE REPORT ON H. F. No. 2497

 

A bill for an act relating to education finance; providing funding for prekindergarten through grade 12 education; modifying provisions for general education, education excellence, literacy, American Indian education, teachers, charter schools, special education, facilities, nutrition, libraries, early childhood, community education, grants management, and state agencies; making forecast adjustments; providing for rulemaking; requiring reports; appropriating money; amending Minnesota Statutes 2022, sections 13.32, subdivision 3; 120A.20, subdivision 1; 120A.22, subdivision 10; 120A.414, subdivision 2, by adding a subdivision; 120A.42; 120B.018, subdivision 6; 120B.021, subdivisions 1, 2, 3, 4, as amended, by adding a subdivision; 120B.022, subdivision 1; 120B.024, subdivisions 1, 2; 120B.11, subdivisions 1, 2, 3; 120B.12; 120B.122, subdivision 1; 120B.15; 120B.30, subdivisions 1, 1a; 120B.301; 120B.35, subdivision 3; 120B.36, subdivision 2; 121A.031, subdivision 6; 121A.04, subdivisions 1, 2; 121A.41, subdivision 7, 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.58; 121A.582, subdivision 1; 121A.61, subdivisions 1, 3, by adding subdivisions; 122A.06, subdivisions 1, 2, 5, 6, 7, 8, by adding subdivisions; 122A.07, subdivisions 1, 2, 4, 4a, 5, 6; 122A.09, subdivisions 4, 6, 9, 10; 122A.091, subdivisions 1, 2; 122A.092, subdivision 5; 122A.15, subdivision 1; 122A.18, subdivisions 1, 2, 10, by adding a subdivision; 122A.181, subdivisions 1, 2, 3, 4, 5, by adding a subdivision; 122A.182, subdivisions 1, 4, by adding subdivisions; 122A.183, subdivisions 1, 2, by adding subdivisions; 122A.184, subdivision 1; 122A.185, subdivisions 1, 4; 122A.187, subdivisions 1, 5, by adding a subdivision; 122A.19, subdivision 4; 122A.26, subdivision 2; 122A.31, subdivision 1; 122A.40, subdivisions 3, 5, 8; 122A.41, subdivisions 2, 5, by adding a subdivision; 122A.415, subdivision 4; 122A.42; 122A.50; 122A.59; 122A.63, by adding a subdivision; 122A.635; 122A.69; 122A.70; 122A.73, subdivisions 2, 3, 5; 123B.147, subdivision 3; 123B.595, subdivisions 1, 2, 3, 4, 7, 8, 8a, 9, 10, 11; 123B.71, subdivisions 9, 12; 123B.86, subdivision 3; 123B.92, subdivision 1, by adding a subdivision; 124D.03, subdivisions 3, 5; 124D.09, subdivisions 3, 5, 12, 13; 124D.111, subdivisions 2a, 5; 124D.1158, as amended;


Journal of the House - 71st Day - Tuesday, May 16, 2023 - Top of Page 8033

124D.119; 124D.128, subdivisions 1, 2; 124D.151, subdivision 6; 124D.20, subdivisions 3, 5; 124D.2211; 124D.231; 124D.42, subdivision 8; 124D.531, subdivisions 1, 4; 124D.55; 124D.56; 124D.59, subdivisions 2, 2a; 124D.65, subdivision 5; 124D.68, subdivisions 2, 3; 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; 124D.861, subdivision 2; 124D.862, subdivision 8; 124D.98, by adding a subdivision; 124D.99, subdivision 2; 124E.02; 124E.03, subdivision 2, by adding a subdivision; 124E.05, subdivisions 4, 7; 124E.06, subdivisions 1, 4, 5; 124E.10, subdivision 1; 124E.11; 124E.12, subdivision 1; 124E.13, subdivisions 1, 3; 124E.25, subdivision 1a; 125A.03; 125A.08; 125A.0942; 125A.13; 125A.15; 125A.51; 125A.515, subdivision 3; 125A.71, subdivision 1; 125A.76, subdivisions 2c, 2e, by adding a subdivision; 126C.05, subdivisions 1, 3, as amended, 19; 126C.10, subdivisions 2, 2a, 2d, 2e, 3, 4, 13, 13a, 14, 18a, by adding subdivisions; 126C.15, subdivisions 1, 2, 5; 126C.17, by adding a subdivision; 126C.40, subdivisions 1, 6; 126C.43, subdivision 2; 126C.44; 127A.353, subdivisions 2, 4; 134.31, subdivisions 1, 4a; 134.32, subdivision 4; 134.34, subdivision 1; 134.355, subdivisions 5, 6, 7; 144.4165; 179A.03, subdivisions 14, 18, 19; 256B.0625, subdivision 26; 268.085, subdivision 7; 290.0679, subdivision 2; Laws 2021, First Special Session chapter 13, article 1, section 10, subdivisions 2, 3, 4, 5, 6, 7, 9; article 2, section 4, subdivisions 2, 3, 4, 12, 27; article 3, section 7, subdivision 7; article 5, section 3, subdivisions 2, 3, 4; article 7, section 2, subdivisions 2, 3; article 8, section 3, subdivisions 2, 3, 4; article 9, section 4, subdivisions 5, 6, 12; article 10, section 1, subdivisions 2, 8; article 11, section 4, subdivision 2; Laws 2023, chapter 18, section 4, subdivisions 2, 3; proposing coding for new law in Minnesota Statutes, chapters 120B; 121A; 122A; 124D; 125A; 126C; 127A; repealing Minnesota Statutes 2022, sections 120B.35, subdivision 5; 122A.06, subdivision 4; 122A.07, subdivision 2a; 122A.091, subdivisions 3, 6; 122A.18, subdivision 7c; 122A.182, subdivision 2; 124D.095, subdivisions 1, 2, 3, 4, 5, 6, 7, 8; 126C.05, subdivisions 3, 16; 268.085, subdivision 8; Minnesota Rules, part 8710.0500, subparts 8, 11.

 

May 15, 2023

The Honorable Melissa Hortman

Speaker of the House of Representatives

 

The Honorable Bobby Joe Champion

President of the Senate

 

We, the undersigned conferees for H. F. No. 2497 report that we have agreed upon the items in dispute and recommend as follows:

 

That the Senate recede from its amendments and that H. F. No. 2497 be further amended as follows:

 

Delete everything after the enacting clause and insert:

 

"ARTICLE 1

GENERAL EDUCATION

 

Section 1.  [121A.212] ACCESS TO MENSTRUAL PRODUCTS.

 

A school district or charter school must provide students with access to menstrual products at no charge.  The products must be available to all menstruating students in restrooms regularly used by students in grades 4 to 12 according to a plan developed by the school district.  For purposes of this section, "menstrual products" means pads, tampons, or other similar products used in connection with the menstrual cycle.

 

EFFECTIVE DATE.  This section is effective January 1, 2024.


Journal of the House - 71st Day - Tuesday, May 16, 2023 - Top of Page 8034

Sec. 2.  [121A.224] OPIATE ANTAGONISTS.

 

(a) A school district or charter school must maintain a supply of opiate antagonists, as defined in section 604A.04, subdivision 1, at each school site to be administered in compliance with section 151.37, subdivision 12.

 

(b) Each school building must have two doses of nasal naloxone available on-site.

 

(c) The commissioner of health shall identify resources, including at least one training video to help schools implement an opiate antagonist emergency response and make the resources available for schools.

 

(d) A school board may adopt a model plan for use, storage, and administration of opiate antagonists.

 

EFFECTIVE DATE.  This section is effective July 1, 2023.

 

Sec. 3.  Minnesota Statutes 2022, section 123B.71, subdivision 12, is amended to read:

 

Subd. 12.  Publication.  (a) At least 20 48 days but not more than 60 days before a referendum for bonds or solicitation of bids for a project that has received a positive or unfavorable review and comment under section 123B.70, the school board shall publish a summary of the commissioner's review and comment of that project in the legal newspaper of the district.  The school board must hold a public meeting to discuss the commissioner's review and comment before the referendum for bonds.  Supplementary information shall be available to the public.

 

(b) The publication requirement in paragraph (a) does not apply to alternative facilities projects approved under section 123B.595.

 

EFFECTIVE DATE.  This section is effective for elections conducted on or after August 9, 2023.

 

Sec. 4.  Minnesota Statutes 2022, 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.

 

(c) A school board that provides pupil transportation through the school's 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.

 

(d) 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 the 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.

 

(e) 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.

 

EFFECTIVE DATE.  This section is effective for fiscal year 2024 and later.


Journal of the House - 71st Day - Tuesday, May 16, 2023 - Top of Page 8035

Sec. 5.  Minnesota Statutes 2022, section 123B.92, is amended by adding a subdivision to read:

 

Subd. 11.  Area learning center transportation aid.  (a) A district that provides transportation of pupils to and from an area learning center program established under section 123A.05 is eligible for state aid to reimburse the additional costs of transportation during the preceding fiscal year.

 

(b) A district may apply to the commissioner of education for state aid to reimburse the costs of transporting pupils who are enrolled in an area learning center program established under section 123A.05 during the preceding fiscal year.  The commissioner shall develop the form and manner of applications for state aid, the criteria to determine when transportation is necessary, and the accounting procedure to determine excess costs.  In determining aid amounts, the commissioner shall consider other revenue received by the district for transportation for area learning center purposes.

 

(c) The total aid entitlement for this section is $1,000,000 each year.  The commissioner must prorate aid if this amount is insufficient to reimburse district costs.

 

Sec. 6.  [124D.4536] CAREER AND TECHNICAL EDUCATION CONSORTIUM GRANTS.

 

Subdivision 1.  Definition.  "Career and technical education (CTE) consortium" means a voluntary collaboration of the Minnesota Service Cooperatives and other regional public and private partners, including school districts, intermediate school districts, vocational cooperatives, and higher education institutions, that work together to provide career and technical education opportunities for students.

 

Subd. 2.  Establishment.  (a) A CTE consortium must:

 

(1) develop career pathways for students;

 

(2) develop new career and technical programs that focus on the industry sectors that fuel the regional economy;

 

(3) facilitate the development of highly trained and knowledgeable students who are equipped with technical and workplace skills needed by regional employers;

 

(4) improve access to career and technical education programs for students by developing public and private partnerships with labor, business, and industry leaders and by increasing coordination of high school and postsecondary program options;

 

(5) increase family and student awareness of the availability and benefit of career and technical education courses and training opportunities; and

 

(6) provide industry-level equipment and technologies supporting skill development as identified by CTE consortia partners.

 

(b) In addition to the requirements in paragraph (a), a CTE consortium may:

 

(1) address the teacher shortage crisis in career and technical education through incentive funding and training programs;

 

(2) provide professional development for training teachers in curriculum and skill development in focus areas identified by CTE consortia partners; and


Journal of the House - 71st Day - Tuesday, May 16, 2023 - Top of Page 8036

(3) provide transportation reimbursement grants to provide equitable opportunities throughout the region for students to participate in career and technical education.

 

Subd. 3.  Career and technical education advisory committee.  The Minnesota Service Cooperatives must establish a career and technical education advisory committee to provide advice on the administration of a CTE consortium.

 

Subd. 4.  Private funding.  A CTE consortium may receive other sources of funds to supplement state funding.  All funds received must be administered by the Minnesota Service Cooperatives.

 

Subd. 5.  Reporting requirements.  By January 15 of each year, a CTE consortium receiving funding under this section must submit an annual report on the progress of its activities to the commissioner of education and the chairs and ranking minority members of the legislative committees with jurisdiction over secondary and postsecondary education.  The annual report must contain a financial report for the preceding fiscal year.

 

Subd. 6.  Grant awards.  The Minnesota Service Cooperatives serves as the fiscal host for grants awarded under this section.  The Minnesota Service Cooperatives may consult with the commissioner to award grants to any CTE consortium that qualifies under this section.

 

EFFECTIVE DATE.  This section is effective July 1, 2023.

 

Sec. 7.  Minnesota Statutes 2022, 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


Journal of the House - 71st Day - Tuesday, May 16, 2023 - Top of Page 8037

(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 2024 and later.

 

Sec. 8.  Minnesota Statutes 2022, section 124D.65, subdivision 5, is amended to read:

 

Subd. 5.  School district EL revenue.  (a) For fiscal year 2024 through fiscal year 2026, a district's English learner programs revenue equals the sum of:

 

(1) the product of (1) $704 times (2) (i) $1,228 and (ii) the greater of 20 or the adjusted average daily membership of eligible English learners enrolled in the district during the current fiscal year; and

 

(2) $436 times the English learner pupil units under section 126C.05, subdivision 17.

 

(b) For fiscal year 2027 and later, a district's English learner programs revenue equals the sum of:

 

(1) the product of:  (i) $1,775, and (ii) the greater of 20 or the adjusted average daily membership of eligible English learners enrolled in the district during the current fiscal year;

 

(2) $630 times the English learner pupil units under section 126C.05, subdivision 17; and

 

(3) the district's English learner cross subsidy aid.  A district's English learner cross subsidy aid under paragraph (c) equals 25 percent of the district's English learner cross subsidy for fiscal year 2027 and later.

 

(c) A district's English learner cross subsidy aid equals the greater of zero or the difference between the district's expenditures for qualifying English learner services for the second previous year and the district's English learner revenue for the second previous year.

 

(b) (d) 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.

 

Sec. 9.  [124D.995] SCHOOL UNEMPLOYMENT AID.

 

Subdivision 1.  Account established.  An account is established in the special revenue fund known as the school unemployment aid account.

 

Subd. 2.  Funds deposited in account.  Funds appropriated for school unemployment aid must be transferred to the school unemployment aid account in the special revenue fund.

 

Subd. 3.  Money appropriated.  (a) Subject to the availability of funds, money in the account is annually appropriated to the commissioner of education to reimburse school districts; charter schools; intermediate school districts and cooperative units under section 123A.24, subdivision 2; the Perpich Center for Arts Education; and the Minnesota State Academies for costs associated with providing unemployment benefits to school employees under section 268.085, subdivision 7, paragraph (b).

 

(b) The Perpich Center for Arts Education and the Minnesota State Academies may only apply to the commissioner for reimbursement of unemployment insurance amounts in excess of the amounts specifically identified in their annual agency appropriations.


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(c) If the amount in the account is insufficient, the commissioner must proportionately reduce the aid payment to each recipient.  Aid payments must be paid 100 percent in the current year.

 

Subd. 4.  Administration and monitoring.  Up to $275,000 is annually appropriated from the account to the commissioner of education for costs associated with administering and monitoring the program under this section.  This amount is in addition to any other amount specifically appropriated for this purpose.

 

Subd. 5.  School reimbursement.  The commissioner of education must reimburse school districts, charter schools, intermediate school districts and other cooperative units, the Perpich Center for Arts Education, and the Minnesota State Academies in the form and manner specified by the commissioner.  The commissioner may establish procedures to ensure that any costs reimbursed under this section are excluded from other school revenue calculations.

 

Subd. 6.  Expiration.  This section expires on June 30, 2027, and any balance remaining in the account is canceled to the general fund.

 

Sec. 10.  Minnesota Statutes 2022, section 126C.10, subdivision 2, is amended to read:

 

Subd. 2.  Basic revenue.  (a) The basic revenue for each district equals the formula allowance times the adjusted pupil units for the school year.  The formula allowance for fiscal year 2021 is $6,567.  The formula allowance for fiscal year 2022 is $6,728.  The formula allowance for fiscal year 2023 and later is $6,863.  The formula allowance for fiscal year 2024 is $7,138.  The formula allowance for fiscal year 2025 is $7,281.

 

(b) The formula allowance for fiscal year 2026 and later must be rounded to the nearest whole dollar and equals the formula allowance for the previous fiscal year times the greater of:

 

(1) 1.02; or

 

(2) one plus the rate of change in inflation calculated in paragraph (c) but not to exceed 1.03.

 

(c) In January of the calendar year in which the formula allowance begins, the commissioner of education must calculate the rate of change in inflation equal to the change in the Consumer Price Index for all urban consumers as published by the Bureau of Labor Statistics of the Department of Labor for the average of the fourth calendar quarter of the second prior fiscal year compared to the average of the fourth calendar quarter of the immediately prior fiscal year.

 

(d) The commissioner must publish the formula allowance by the end of February of each year.

 

(e) It is the policy and purpose of the legislature to fund its public schools consistent with its constitutional obligations.  To this purpose, the legislature may enact additional increases in the general education basic formula allowance.

 

Sec. 11.  Minnesota Statutes 2022, section 126C.10, subdivision 2a, is amended to read:

 

Subd. 2a.  Extended time revenue.  (a) A school district's extended time allowance equals $5,117 for fiscal year 2023 and later.

 

(b) A school district's extended time revenue is equal to the product of $5,117 the extended time allowance in paragraph (a) 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.


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(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 in paragraph (a).

 

(d) A school district qualifies for extended time revenue for instruction provided after the end of the preceding regular school year and before the beginning of the following regular school year for (1) every pupil attending a day treatment program, and (2) every pupil placed in a children's residential facility, whether the education services are provided on-site or off-site.  Extended time revenue under this paragraph equals total membership hours in summer instruction 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 the extended time allowance.

 

(e) For purposes of this subdivision, "children's residential facility" means a residential facility for children, including a psychiatric residential treatment facility, licensed by the Department of Human Services or the Department of Corrections and subject to Minnesota Rules, chapter 2960, or an inpatient hospitalization that includes mental health services.

 

(f) For purposes of this subdivision, "day treatment program" means:

 

(1) a site-based structured mental health program consisting of psychotherapy for three or more individuals and individual or group skills training provided by a team, under the treatment supervision of a mental health professional; or

 

(2) any other day treatment program designated by the commissioner of education consistent with the Minnesota Automated Reporting Student System manual, procedure 27.

 

(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 2024 and later.

 

Sec. 12.  Minnesota Statutes 2022, 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


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to $548,842.  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.  For fiscal year 2025, 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 $587,244.  For fiscal year 2026, 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 $642,038.  For fiscal year 2027 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 $671,345.

 

(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. 13.  Minnesota Statutes 2022, section 126C.10, subdivision 3, is amended to read:

 

Subd. 3.  Compensatory education revenue.  (a) For fiscal year 2024, the compensatory education revenue for each building in the district equals the formula allowance minus $839 times the compensation revenue pupil units computed according to section 126C.05, subdivision 3.  A district's compensatory revenue equals the sum of its compensatory revenue for each building in the district and the amounts designated under Laws 2015, First Special Session chapter 3, article 2, section 70, subdivision 8, for fiscal year 2017.  Revenue shall be paid to the district and must be allocated according to section 126C.15, subdivision 2.

 

(b) For fiscal year 2025, compensatory revenue must be calculated under Laws 2023, chapter 18, section 3.

 

(c) For fiscal year 2026 and later, the compensatory education revenue for each building in the district equals its compensatory pupils multiplied by the building compensatory allowance.  Revenue shall be paid to the district and must be allocated according to section 126C.15, subdivision 2.

 

(b) (d) When the district contracting with an alternative program under section 124D.69 changes prior to the start of a school year, the compensatory revenue generated by pupils attending the program shall be paid to the district contracting with the alternative program for the current school year, and shall not be paid to the district contracting with the alternative program for the prior school year.

 

(c) (e) When the fiscal agent district for an area learning center changes prior to the start of a school year, the compensatory revenue shall be paid to the fiscal agent district for the current school year, and shall not be paid to the fiscal agent district for the prior school year.

 

(f) Notwithstanding paragraph (c), for voluntary prekindergarten programs under section 124D.151, charter schools, and contracted alternative programs in the first year of operation, compensatory education revenue must be computed using data for the current fiscal year.  If the voluntary prekindergarten program, charter school, or contracted alternative program begins operation after October 1, compensatory education revenue must be computed based on pupils enrolled on an alternate date determined by the commissioner, and the compensatory education revenue must be prorated based on the ratio of the number of days of student instruction to 170 days.

 

(g) Notwithstanding paragraph (c), for fiscal year 2026, if the calculation under paragraph (d) results in statewide revenue of less than $838,947,000, additional revenue must be provided to each building in a manner prescribed by the commissioner of education until total statewide revenue equals $838,947,000.


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(h) Notwithstanding paragraph (c), for fiscal year 2027, if the calculation under paragraph (d) results in statewide revenue of less than $857,152,000, additional revenue must be provided to each building in a manner prescribed by the commissioner of education until total statewide revenue equals $857,152,000.

 

Sec. 14.  Minnesota Statutes 2022, section 126C.10, is amended by adding a subdivision to read:

 

Subd. 3a.  Definitions.  The definitions in this subdivision apply only to subdivisions 3, 3b, and 3c.

 

(a) "Building compensatory allowance" means a building concentration factor multiplied by the statewide compensatory allowance.

 

(b) "Building concentration factor" means the ratio of a building's compensatory pupils to the number of pupils enrolled in the building on October 1 of the previous fiscal year.

 

(c) "Compensatory pupils" means the sum of the number of pupils enrolled in a building eligible to receive free meals pursuant to subdivision 3b plus one-half of the pupils eligible to receive reduced priced meals pursuant to subdivision 3b on October 1 of the previous fiscal year.

 

(d) "Statewide compensatory allowance" means the amount calculated pursuant to subdivision 3c.

 

Sec. 15.  Minnesota Statutes 2022, section 126C.10, is amended by adding a subdivision to read:

 

Subd. 3b.  Free and reduced-price meals.  Beginning October 1, 2024, the commissioner shall determine the number of children eligible by means of direct certification to receive either a free or reduced-price meal on October 1 each year.  Children enrolled in a building on October 1 and determined to be eligible by means of direct certification to receive free or reduced-price meals by December 15 of that school year shall be counted as eligible on October 1 for purposes of subdivision 3.  The commissioner must use federal definitions for these purposes.  The commissioner may adopt reporting guidelines to assure accuracy of data counts and eligibility.  Districts must use any guidelines adopted by the commissioner.

 

Sec. 16.  Minnesota Statutes 2022, section 126C.10, is amended by adding a subdivision to read:

 

Subd. 3c.  Statewide compensatory allowance.  (a) For fiscal year 2026, the statewide compensatory allowance is $6,734.  For fiscal year 2027 and later, the statewide compensatory allowance equals the statewide compensatory allowance in effect for the prior fiscal year 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 the prior fiscal year, rounded to the nearest whole dollar. 

 

(b) For fiscal year 2026 and later, the statewide compensatory allowance equals the statewide compensatory allowance in effect for the prior fiscal year 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 the prior fiscal year, rounded to the nearest whole dollar.

 

Sec. 17.  Minnesota Statutes 2022, 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 and

 

(2) English learner revenue under section 124D.65, subdivision 5; plus


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(3) $250 times the English learner pupil units under section 126C.05, subdivision 17.

 

Sec. 18.  Minnesota Statutes 2022, 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 of the school district for the school year for the purposes of supplying menstrual products under subdivision 14, clause (26), and opiate antagonists under subdivision 14, clause (27).

 

(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 2024 and later.

 

Sec. 19.  Minnesota Statutes 2022, 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;


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(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;

 

(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; and


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(27) to pay the costs of the opiate antagonists required under section 121A.224.

 

EFFECTIVE DATE.  This section is effective July 1, 2023.

 

Sec. 20.  Minnesota Statutes 2022, 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 35 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 2024 and later.

 

Sec. 21.  Minnesota Statutes 2022, section 126C.12, is amended by adding a subdivision to read:

 

Subd. 7.  Reporting.  A school district must annually report the district's class size ratios by each grade to the commissioner of education in the form and manner specified by the commissioner.  The department must annually submit a report beginning December 1, 2024, to the chairs and ranking minority members of the legislative committees with jurisdiction over kindergarten through grade 12 education detailing the statewide ratios by grade starting with the 2023-2024 school year.

 

Sec. 22.  Minnesota Statutes 2022, section 126C.15, subdivision 1, is amended to read:

 

Subdivision 1.  Use of revenue.  (a) 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.

 

(b) For fiscal years prior to fiscal year 2024, 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;


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(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) early education programs, parent-training programs, school readiness programs, kindergarten 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) extended school day and extended school year programs; and

 

(12) 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.

 

(c) For fiscal year 2024 and later, a district's basic skills revenue must be used for:

 

(1) remedial instruction and necessary materials in reading, language arts, mathematics, other content areas, or study skills to improve the achievement level of these learners;

 

(2) additional teachers and teacher aides to provide more individualized instruction to these learners through individual tutoring, lower instructor-to-learner ratios, or team teaching;

 

(3) 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;

 

(4) programs to reduce truancy; provide counseling services, guidance services, and social work services; and provide coordination for pupils receiving services from other governmental agencies;


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(5) bilingual programs, bicultural programs, and programs for English learners;

 

(6) early education programs, parent-training programs, early childhood special education, school readiness programs, kindergarten programs for four-year-olds, voluntary home visits under section 124D.13, subdivision 4, and other outreach efforts designed to prepare children for kindergarten;

 

(7) transition programs operated by school districts for special education students until the age of 22;

 

(8) 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; and

 

(9) professional development for teachers on meeting the needs of English learners, using assessment tools and data to monitor student progress, and reducing the use of exclusionary discipline, and training for tutors and staff in extended day programs to enhance staff's knowledge in content areas.

 

Sec. 23.  Minnesota Statutes 2022, 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 2024 and later.

 

Sec. 24.  Minnesota Statutes 2022, section 126C.15, subdivision 5, is amended to read:

 

Subd. 5.  Annual expenditure report.  Each year a district (a) By February 1 annually, the commissioner of education must report to the legislature the expenditures of each district that receives received basic skills revenue must submit a report identifying the expenditures it incurred to meet the needs of eligible learners in the previous fiscal year under subdivision 1.  The report must conform to uniform financial and reporting standards established for this purpose and provide a breakdown by functional area.  Using valid and reliable data and measurement criteria, the report also must determine whether increased expenditures raised student achievement levels.


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(b) A district must also report whether programs funded with compensatory revenue are consistent with best practices demonstrated to improve student achievement.

 

(c) The Department of Education and regional centers of excellence must identify and provide to schools best practices for implementing programs for each use of revenue specified in subdivision 1.

 

Sec. 25.  Minnesota Statutes 2022, section 126C.17, is amended by adding a subdivision to read:

 

Subd. 9b.  Renewal by school board.  (a) Notwithstanding the election requirements of subdivision 9, a school board may renew an expiring referendum by board action if:

 

(1) the per pupil amount of the referendum is the same as the amount expiring, or for an expiring referendum that was adjusted annually by the rate of inflation, the same as the per-pupil amount of the expiring referendum, adjusted annually for inflation in the same manner as if the expiring referendum had continued;

 

(2) the term of the renewed referendum is no longer than the initial term approved by the voters;

 

(3) the school board, having taken a recorded vote, has adopted a written resolution authorizing the renewal after holding a meeting and allowing public testimony on the proposed renewal; and

 

(4) the expiring referendum has not been previously renewed under this subdivision.

 

(b) The resolution must be adopted by the school board by June 15 of any calendar year and becomes effective 60 days after its adoption.

 

(c) A referendum expires in the last fiscal year in which the referendum generates revenue for the school district.  A school board may renew an expiring referendum under this subdivision not more than two fiscal years before the referendum expires.

 

(d) A district renewing an expiring referendum under this subdivision must submit a copy of the adopted resolution to the commissioner and to the county auditor no later than September 1 of the calendar year in which the written resolution is adopted.

 

EFFECTIVE DATE.  This section is effective the day following final enactment.

 

Sec. 26.  Minnesota Statutes 2022, section 126C.43, subdivision 2, is amended to read:

 

Subd. 2.  Payment to unemployment insurance program trust fund by state and political subdivisions.  (a) A district may levy the amount necessary (1) to pay the district's obligations under section 268.052, subdivision 1, and (2) to pay for job placement services offered to employees who may become eligible for benefits pursuant to section 268.085 for the fiscal year the levy is certified.

 

(b) Districts with a balance remaining in their reserve for reemployment as of June 30, 2003, may not expend the reserved funds for future reemployment expenditures.  Each year a levy reduction must be made to return these funds to taxpayers.  The amount of the levy reduction must be equal to the lesser of:  (1) the remaining reserved balance for reemployment, or (2) the amount of the district's current levy under paragraph (a).

 

(c) The amount in paragraph (a) must not include the amounts for hourly school employees during the period of the summer term.


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Sec. 27.  Minnesota Statutes 2022, section 127A.353, subdivision 2, is amended to read:

 

Subd. 2.  Qualifications.  The governor shall select the school trust lands director on the basis of outstanding professional qualifications and knowledge of finance, business practices, minerals, forest and real estate management, and the fiduciary responsibilities of a trustee to the beneficiaries of a trust.  The school trust lands director serves in the unclassified service for a term of four years.  The first term shall end on December 31, 2020.  The governor may remove the school trust lands director for cause.  If a director resigns or is removed for cause, the governor shall appoint a director for the remainder of the term.

 

Sec. 28.  Minnesota Statutes 2022, section 127A.353, subdivision 4, is amended to read:

 

Subd. 4.  Duties; powers.  (a) The school trust lands director shall:

 

(1) take an oath of office before assuming any duties as the director act in a fiduciary capacity for trust beneficiaries in accordance with the principles under section 127A.351;

 

(2) evaluate the school trust land asset position;

 

(3) determine the estimated current and potential market value of school trust lands;

 

(4) advise and provide recommendations to the governor, Executive Council, commissioner of natural resources, and the Legislative Permanent School Fund Commission on the management of school trust lands, including: on school trust land management policies and other policies that may affect the goal of the permanent school fund under section 127A.31;

 

(5) advise and provide recommendations to the Executive Council and Land Exchange Board on all matters regarding school trust lands presented to either body;

 

(6) advise and provide recommendations to the commissioner of natural resources on managing school trust lands, including but not limited to advice and recommendations on:

 

(i) Department of Natural Resources school trust land management plans;

 

(ii) leases of school trust lands;

 

(iii) royalty agreements on school trust lands;

 

(iv) land sales and exchanges;

 

(v) cost certification; and

 

(vi) revenue generating options;

 

(7) serve as temporary trustee of school trust lands for school trust lands subject to proposed or active eminent domain proceedings;

 

(8) serve as temporary trustee of school trust lands pursuant to section 94.342, subdivision 5;

 

(5) propose (9) submit to the Legislative Permanent School Fund Commission for review an annual budget and management plan for the director that includes proposed legislative changes that will improve the asset allocation of the school trust lands;


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(6) (10) develop and implement a ten-year strategic plan and a 25-year framework for management of school trust lands, in conjunction with the commissioner of natural resources, that is updated every five years and implemented by the commissioner, with goals to:

 

(i) retain core real estate assets;

 

(ii) increase the value of the real estate assets and the cash flow from those assets;

 

(iii) rebalance the portfolio in assets with high performance potential and the strategic disposal of selected assets;

 

(iv) establish priorities for management actions;

 

(v) balance revenue enhancement and resource stewardship; and

 

(vi) advance strategies on school trust lands to capitalize on ecosystem services markets; and

 

(7) submit to the Legislative Permanent School Fund Commission for review an annual budget and management plan for the director; and

 

(8) (11) keep the beneficiaries, governor, legislature, and the public informed about the work of the director by reporting to the Legislative Permanent School Fund Commission in a public meeting at least once during each calendar quarter.

 

(b) In carrying out the duties under paragraph (a), the school trust lands director shall have the authority to may:

 

(1) direct and control money appropriated to the director;

 

(2) establish job descriptions and employ up to five employees in the unclassified service, staff within the limitations of money appropriated to the director;

 

(3) enter into interdepartmental agreements with any other state agency;

 

(4) enter into joint powers agreements under chapter 471;

 

(5) evaluate and initiate real estate development projects on school trust lands in conjunction with the commissioner of natural resources and with the advice of the Legislative Permanent School Fund Commission in order to generate long-term economic return to the permanent school fund; and

 

(6) serve as temporary trustee of school trust land for school trust lands subject to proposed or active eminent domain proceedings; and

 

(7) (6) submit recommendations on strategies for school trust land leases, sales, or exchanges to the commissioner of natural resources and the Legislative Permanent School Fund Commission.

 

Sec. 29.  Minnesota Statutes 2022, section 128C.01, subdivision 4, is amended to read:

 

Subd. 4.  Board.  (a) The league must have a 20 22-member governing board.

 

(1) The governor must appoint four members according to section 15.0597.  Each of the four appointees must be a parent.  At least one of them must be an American Indian, an Asian, a Black, or a Hispanic.


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(2) The Minnesota Association of Secondary School Principals must appoint two of its members.

 

(3) The remaining 14 16 members must be selected according to league bylaws the league's constitution.

 

(b) The terms, compensation, removal of members, and the filling of membership vacancies are governed by section 15.0575, except that the four-year terms begin on August 1 and end on July 31.  As provided by section 15.0575, members who are full-time state employees or full-time employees of school districts or other political subdivisions of the state may not receive any per diem payment for service on the board.

 

Sec. 30.  Minnesota Statutes 2022, section 268.085, subdivision 7, is amended to read:

 

Subd. 7.  School employees; between terms denial.  (a) Wage credits from employment with an educational institution or institutions may not be used for unemployment benefit purposes for any week during the period between two successive academic years or terms if:

 

(1) the applicant had employment for an educational institution or institutions in the prior academic year or term; and

 

(2) there is a reasonable assurance that the applicant will have employment for an educational institution or institutions in the following academic year or term.

 

This paragraph applies to a vacation period or holiday recess if the applicant was employed immediately before the vacation period or holiday recess, and there is a reasonable assurance that the applicant will be employed immediately following the vacation period or holiday recess.  This paragraph also applies to the period between two regular but not successive terms if there is an agreement for that schedule between the applicant and the educational institution.

 

This paragraph does not apply if the subsequent employment is substantially less favorable than the employment of the prior academic year or term, or the employment prior to the vacation period or holiday recess.

 

(b) Paragraph (a) does not apply to an applicant who, at the end of the prior academic year or term, had an agreement for a definite period of employment between academic years or terms in other than an instructional, research, or principal administrative capacity and the educational institution or institutions failed to provide that employment.  any week during the period between two successive academic years or terms if an applicant worked in a capacity other than instructional, research, or principal administrative capacity.

 

(c) If unemployment benefits are denied to any applicant under paragraph (a) who was employed in the prior academic year or term in other than an instructional, research, or principal administrative capacity and who was not offered an opportunity to perform the employment in the following academic year or term, the applicant is entitled to retroactive unemployment benefits for each week during the period between academic years or terms that the applicant filed a timely continued request for unemployment benefits, but unemployment benefits were denied solely because of paragraph (a).  Paragraph (a) applies to a vacation period or holiday recess if the applicant was employed immediately before the vacation period or holiday recess, and there is a reasonable assurance that the applicant will be employed immediately following the vacation period or holiday recess, including applicants who worked in a capacity other than instructional, research, or principal administrative capacity.

 

(d) This subdivision applies to employment with an educational service agency if the applicant performed the services at an educational institution or institutions.  "Educational service agency" means a governmental entity established and operated for the purpose of providing services to one or more educational institutions.

 

(e) This subdivision applies to employment with Minnesota, a political subdivision, or a nonprofit organization, if the services are provided to or on behalf of an educational institution or institutions.


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(f) Paragraph (a) applies beginning the Sunday of the week that there is a reasonable assurance of employment.

 

(g) Employment and a reasonable assurance with multiple education institutions must be aggregated for purposes of application of this subdivision.

 

(h) If all of the applicant's employment with any educational institution or institutions during the prior academic year or term consisted of on-call employment, and the applicant has a reasonable assurance of any on-call employment with any educational institution or institutions for the following academic year or term, it is not considered substantially less favorable employment.

 

(i) A "reasonable assurance" may be written, oral, implied, or established by custom or practice.

 

(j) An "educational institution" is a school, college, university, or other educational entity operated by Minnesota, a political subdivision or instrumentality thereof, or a nonprofit organization.

 

(k) An "instructional, research, or principal administrative capacity" does not include an educational assistant.

 

EFFECTIVE DATE.  This section is effective May 28, 2023.

 

Sec. 31.  Minnesota Statutes 2022, section 290.0679, subdivision 2, is amended to read:

 

Subd. 2.  Conditions for assignment.  A qualifying taxpayer may assign all or part of an anticipated refund for the current and future taxable years to a financial institution or a qualifying organization.  A financial institution or qualifying organization accepting assignment must pay the amount secured by the assignment to a third-party vendor.  The commissioner of education shall, upon request from a third-party vendor, certify that the vendor's products and services qualify for the education credit.  A denial of a certification is subject to the contested case procedure under may be appealed to the commissioner pursuant to this subdivision and notwithstanding chapter 14.  A financial institution or qualifying organization that accepts assignments under this section must verify as part of the assignment documentation that the product or service to be provided by the third-party vendor has been certified by the commissioner of education as qualifying for the education credit.  The amount assigned for the current and future taxable years may not exceed the maximum allowable education credit for the current taxable year.  Both the taxpayer and spouse must consent to the assignment of a refund from a joint return.

 

Sec. 32.  FUND TRANSFER; BURNSVILLE-EAGAN-SAVAGE SCHOOL DISTRICT.

 

(a) Notwithstanding Minnesota Statutes, section 123B.51, subdivision 4, paragraph (b), or any law to the contrary, any remaining net proceeds received by the district in connection with a lease of real property that is not needed for school purposes, or part of the property that is not needed for school purposes as permitted under Minnesota Statutes, section 123B.51, subdivision 4, paragraph (a), and which the school board of Independent School District No. 191, Burnsville-Eagan-Savage, specifically identified in the district's open facilities action plan, may be deposited in the district's general unrestricted fund following the deposit of such proceeds, as required under Minnesota Statutes, section 123B.51, subdivision 4, paragraph (b).

 

(b) Notwithstanding Minnesota Statutes, section 123B.51, subdivision 6, paragraphs (c) to (f), or any law to the contrary, any remaining proceeds of the sale or exchange of school buildings or real property of Independent School District No. 191, Burnsville-Eagan-Savage, specifically identified in the district's open facilities action plan may be deposited in the district's general unrestricted fund following application of such proceeds, as required under Minnesota Statutes, section 123B.51, subdivision 6, paragraph (b).

 

EFFECTIVE DATE.  This section is effective upon compliance by Independent School District No. 191, Burnsville-Eagan-Savage, with Minnesota Statutes, section 645.021, subdivisions 2 and 3.


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Sec. 33.  UNEMPLOYMENT INSURANCE REPORT.

 

By January 15 of each year, the Department of Education, in consultation with the Department of Employment and Economic Development, must report to the legislative committees with jurisdiction over education the balances in unemployment insurance aid accounts and information about the annual changes in reimbursable costs for school workers receiving unemployment insurance benefits.  To the extent possible, the report must break out the costs by district and major job classes.  The report must be filed according to Minnesota Statutes, section 3.195.

 

Sec. 34.  REPLACING PAPER FORMS.

 

By January 15, 2024, the Department of Education must report to the legislative committees with jurisdiction over kindergarten through grade 12 education whether free and reduced-price meals information obtained through parents submitting paper eligibility forms may be eliminated for compensatory revenue, all school nutritional programs, Title 1 funding, e-rate funding, and any other federal or state programs that require the determination of family income for eligibility.

 

Sec. 35.  APPROPRIATIONS GIVEN EFFECT ONCE.

 

If an appropriation or transfer in this act is enacted more than once during the 2023 regular session, the appropriation or transfer must be given effect once. 

 

Sec. 36.  APPROPRIATIONS.

 

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.  General education aid.  (a) For general education aid under Minnesota Statutes, section 126C.13, subdivision 4:

 

 

 

$8,093,493,000

. . . . .

2024

 

 

$8,229,982,000

. . . . .

2025

 

(b) The 2024 appropriation includes $707,254,000 for 2023 and $7,386,239,000 for 2024.

 

(c) The 2025 appropriation includes $771,521,000 for 2024 and $7,458,461,000 for 2025.

 

Subd. 3.  Enrollment options transportation.  For transportation of pupils attending postsecondary institutions under Minnesota Statutes, section 124D.09, or for transportation of pupils attending nonresident districts under Minnesota Statutes, section 124D.03:

 

 

 

$18,000

. . . . .

2024

 

 

$19,000

. . . . .

2025

 

Subd. 4.  Abatement aid.  (a) For abatement aid under Minnesota Statutes, section 127A.49:

 

 

 

$2,339,000

. . . . .

2024

 

 

$2,665,000

. . . . .

2025

 

(b) The 2024 appropriation includes $126,000 for 2023 and $2,213,000 for 2024.

 

(c) The 2025 appropriation includes $245,000 for 2024 and $2,420,000 for 2025.


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Subd. 5.  Consolidation transition aid.  (a) For districts consolidating under Minnesota Statutes, section 123A.485:

 

 

 

$187,000

. . . . .

2024

 

 

$290,000

. . . . .

2025

 

(b) The 2024 appropriation includes $7,000 for 2023 and $180,000 for 2024.

 

(c) The 2025 appropriation includes $20,000 for 2024 and $270,000 for 2025.

 

Subd. 6.  Nonpublic pupil education aid.  (a) For nonpublic pupil education aid under Minnesota Statutes, sections 123B.40 to 123B.43 and 123B.87:

 

 

 

$22,354,000

. . . . .

2024

 

 

$23,902,000

. . . . .

2025

 

(b) The 2024 appropriation includes $1,925,000 for 2023 and $20,429,000 for 2024.

 

(c) The 2025 appropriation includes $2,269,000 for 2024 and $21,633,000 for 2025.

 

Subd. 7.  Nonpublic pupil transportation.  (a) For nonpublic pupil transportation aid under Minnesota Statutes, section 123B.92, subdivision 9:

 

 

 

$22,248,000

. . . . .

2024

 

 

$23,624,000

. . . . .

2025

 

(b) The 2024 appropriation includes $2,115,000 for 2023 and $20,133,000 for 2024.

 

(c) The 2025 appropriation includes $2,237,000 for 2024 and $21,387,000 for 2025.

 

Subd. 8.  One-room schoolhouse.  For a grant to Independent School District No. 690, Warroad, to operate the Angle Inlet School:

 

 

 

$65,000

. . . . .

2024

 

 

$65,000

. . . . .

2025

 

Subd. 9.  Career and technical aid.  (a) For career and technical aid under Minnesota Statutes, section 124D.4531, subdivision 1b:

 

 

 

$1,512,000

. . . . .

2024

 

 

$761,000

. . . . .

2025

 

(b) The 2024 appropriation includes $183,000 for 2023 and $1,329,000 for 2024.

 

(c) The 2025 appropriation includes $147,000 for 2024 and $614,000 for 2025.

 

Subd. 10.  Pregnant and parenting pupil transportation reimbursement.  (a) To reimburse districts for transporting pregnant or parenting pupils under Minnesota Statutes, section 123B.92, subdivision 1, paragraph (b), clause (1), item (vi):

 

 

 

$55,000

. . . . .

2024

 

 

$55,000

. . . . .

2025


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(b) To receive reimbursement, districts must apply using the form and manner of application prescribed by the commissioner.  If the appropriation is insufficient, the commissioner must prorate the amount paid to districts seeking reimbursement.

 

(c) Any balance in the first year does not cancel but is available in the second year.

 

Subd. 11.  Career and technical education consortium.  (a) To the Minnesota Service Cooperatives for career and technical education consortium grants under Minnesota Statutes, section 124D.4536:

 

 

 

$5,000,000

. . . . .

2024

 

 

$5,000,000

. . . . .

2025

 

(b) If the appropriation in the first year is insufficient, the 2025 appropriation is available.

 

(c) Up to three percent of the appropriation is available for grant administration.

 

(d) Any balance in the first year does not cancel but is available in the second year.

 

Subd. 12.  Career and technical program expansion; aeronautics pilot program.  (a) For Independent School District No. 482, Little Falls, for an aeronautics and commercial over-the-road technical program:

 

 

 

$450,000

. . . . .

2024

 

(b) The funds must be used to help support the district's aeronautics and commercial over-the-road technical pilot program.  The funds may be used for equipment, staffing costs, travel costs, and contracted services.

 

(c) By February 1, 2027, the district must report to the chairs and ranking minority members of the legislative committees with jurisdiction over kindergarten through grade 12 education on the activities funded by this appropriation.  The report must include but is not limited to information about program participation and demographic information about the students served in the program, a description of the type of activities offered by each program during the year, partnerships with higher education and private providers of aeronautic and commercial over-the-road services, and recommendations for state actions that could improve aeronautics and commercial over-the-road programming for all school districts.

 

(d) This appropriation is available until June 30, 2026.  This is a onetime appropriation.

 

Subd. 13.  Emergency medical training.  (a) For grants to offer high school students courses in emergency medical services:

 

 

 

$500,000

. . . . .

2024

 

 

$500,000

. . . . .

2025

 

(b) A school district, charter school, or cooperative unit under Minnesota Statutes, section 123A.24, subdivision 2, may apply for a grant under this section to offer enrolled students emergency medical services courses approved by the Minnesota Emergency Medical Services Regulatory Board to prepare students to take the emergency medical technician certification test, including an emergency medical services course that is a prerequisite to an emergency medical technician course.

 

(c) A grant recipient may use grant funds to partner with a district, charter school, cooperative unit, postsecondary institution, political subdivision, or entity with expertise in emergency medical services, including health systems, hospitals, ambulance services, and health care providers to offer an emergency medical services course.


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(d) Eligible uses of grant funds include teacher salaries, transportation, equipment costs, emergency medical technician certification test fees, and student background checks.

 

(e) To the extent practicable, the commissioner must award half of the grant funds to applicants outside of the seven-county metropolitan area, and 30 percent of the grant funds to applicants with high concentrations of students of color.

 

(f) Any balance in the first year does not cancel but is available in the second year.

 

Subd. 14.  Area learning center transportation aid.  (a) For area learning center transportation aid under Minnesota Statutes, section 123B.92, subdivision 11:

 

 

 

$1,000,000

. . . . .

2024

 

 

$1,000,000

. . . . .

2025

 

(b) Any balance in the first year does not cancel but is available in the second year.

 

(c) This aid is 100 percent payable in the current year.

 

Subd. 15.  English learner cross subsidy aid; four-year program.  (a) For English learner cross subsidy under Laws 2021, First Special Session chapter 13, article 1, section 9:

 

 

 

$2,000,000

. . . . .

2024

 

 

$2,000,000

. . . . .

2025

 

(b) The base for this program in fiscal year 2026 and later is $0.

 

Subd. 16.  Unemployment aid for hourly workers over the summer term.  (a) For unemployment aid under Minnesota Statutes, section 124D.995:

 

 

 

$135,000,000

. . . . .

2024

 

(b) This appropriation is subject to the requirements under Minnesota Statutes, section 124D.995.

 

(c) This is a onetime appropriation.

 

Sec. 37.  REPEALER.

 

(a) Minnesota Statutes 2022, section 126C.05, subdivisions 3 and 16, are repealed.

 

(b) Minnesota Statutes 2022, section 268.085, subdivision 8, is repealed.

 

(c) Laws 2023, chapter 18, section 4, subdivision 5, is repealed.

 

EFFECTIVE DATE.  Paragraph (a) is effective for revenue for fiscal year 2026.  Paragraph (b) is effective May 28, 2023.  Paragraph (c) is effective the day following final enactment.


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ARTICLE 2

EDUCATION EXCELLENCE

 

Section 1.  Minnesota Statutes 2022, section 120A.22, subdivision 10, is amended to read:

 

Subd. 10.  Requirements for instructors.  A person who is providing instruction to a child must meet at least one of the following requirements:

 

(1) hold a valid Minnesota teaching license in the field and for the grade level taught;

 

(2) be directly supervised by a person holding a valid Minnesota teaching license;

 

(3) successfully complete a teacher competency examination;

 

(4) (3) provide instruction in a school that is accredited by an accrediting agency, recognized according to section 123B.445, or recognized by the commissioner;

 

(5) (4) hold a baccalaureate degree; or

 

(6) (5) be the parent of a child who is assessed according to the procedures in subdivision 11.

 

Any person providing instruction in a public school must meet the requirements of clause (1).

 

Sec. 2.  Minnesota Statutes 2022, section 120A.414, is amended by adding a subdivision to read:

 

Subd. 6.  Other school personnel.  A school district or charter school that declares an e-learning day must continue to pay the full wages for scheduled work hours and benefits of all school employees for the duration of the e-learning period.  During the e-learning period, school employees must be allowed to work from home to the extent practicable, be assigned to work in an alternative location, or be retained on an on-call basis for any potential need.

 

EFFECTIVE DATE.  This section is effective the day following final enactment.

 

Sec. 3.  Minnesota Statutes 2022, 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 and (2) a locally adopted expectation for student learning in health or the arts.

 

Sec. 4.  Minnesota Statutes 2022, 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, encompassing algebra II, integrated mathematics III, or an equivalent in high school, and to be prepared for the three credits of mathematics in grades 9 through 12, the grade 8 standards include completion of algebra;

 

(3) science, including earth and space science, life science, and the physical sciences, including chemistry and physics;


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(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:  dance; media arts; 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 SHAPE America (Society of Health and Physical Educators) standards 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. 5.  Minnesota Statutes 2022, 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.

 

Sec. 6.  Minnesota Statutes 2022, 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 (CTE) programs.  Standards must align with CTE frameworks developed by the Department of Education, standards developed by national CTE 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.


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Sec. 7.  Minnesota Statutes 2022, 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) (3) 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; one credit to satisfy all the earth and space science standards for grades 9 through 12, one credit to satisfy all the life science standards for grades 9 through 12, and one credit to satisfy all the chemistry or physics standards for grades 9 through 12;

 

(5) (4) three and one-half credits of social studies, including credit for a course in government and citizenship in either grade 11 or 12 for students beginning grade 9 in the 2024-2025 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, government and citizenship, world history, and economics sufficient to satisfy all of the academic standards in social studies;

 

(6) (5) one credit of the arts sufficient to satisfy all of the state or local academic standards in the arts; and

 

(7) (6) credits sufficient to satisfy the state standards in physical education; 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).  Students who begin grade 9 in the 2024-2025 school year and later must successfully complete a course for credit in personal finance in grade 10, 11, or 12.  A teacher of a personal finance course that satisfies the graduation requirement must have a field license or out-of-field permission in agricultural education, business, family and consumer science, social studies, or math.

 

EFFECTIVE DATE.  This section is effective for the 2024-2025 school year and later.

 

Sec. 8.  Minnesota Statutes 2022, 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 education program or department 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. 


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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.

 

(g) An ethnic studies course may fulfill a social studies, language arts, arts, math, or science credit if the course meets the applicable state academic standards.  An ethnic studies course may fulfill an elective credit if the course meets applicable local standards or other requirements.

 

Sec. 9.  Minnesota Statutes 2022, 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" as defined in section 120B.25 has the same meaning for purposes of this section.  Ethnic studies curriculum may be integrated in existing curricular opportunities or provided through additional curricular offerings.

 

(f) "Antiracist" means actively working to identify and eliminate racism in all forms in order to change policies, behaviors, and beliefs that perpetuate racist ideas and actions.


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(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 the education system.

 

(h) "Institutional racism" means structures, policies, and practices within and across institutions that produce outcomes that disadvantage those who are Black, Indigenous, and People of Color.

 

Sec. 10.  Minnesota Statutes 2022, section 120B.11, subdivision 2, is amended to read:

 

Subd. 2.  Adopting plans and budgets.  (a) 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, assess and identify students to participate in gifted and talented programs and accelerate their instruction, and adopt early-admission procedures consistent with section 120B.15, and identifying 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, 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 the English and, where practicable, the native language development and the academic achievement of English learners;

 

(5) a process to examine the equitable distribution of teachers and strategies to ensure children in low-income and minority children 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


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(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.

 

(b) A school district is not required to include information regarding literacy in a plan or report required under this section, except with regard to the academic achievement of English learners.

 

EFFECTIVE DATE.  This section is effective for all strategic plans reviewed and updated after June 30, 2024.

 

Sec. 11.  Minnesota Statutes 2022, 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, culturally sustaining, and reflects the diversity of the student population; 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. 12.  Minnesota Statutes 2022, 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 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 be sensitive to underrepresented groups, including, but not limited to, low‑income, minority, twice-exceptional, and English learners.

 

(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


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(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. 13.  [120B.25] ETHNIC STUDIES.

 

"Ethnic studies" means the 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 social, cultural, and political forces, and the connection of race to the stratification of other groups, including stratification based on the protected classes under section 363A.13.

 

Sec. 14.  [120B.251] ETHNIC STUDIES REQUIREMENTS.

 

Subdivision 1.  Definition.  "Ethnic studies" has the meaning provided in section 120B.25.

 

Subd. 2.  Requirements.  (a) Starting in the 2026-2027 school year, a district or charter school high school must offer an ethnic studies course that fulfills the requirements of this paragraph.  Nothing in this section increases or otherwise affects the number of credits required for graduation under section 120B.024.  An ethnic studies course may fulfill a social studies, language arts, arts, math, or science credit if the course meets the applicable state academic standards.  An ethnic studies course may fulfill an elective credit if the course meets applicable local academic standards or other requirements.

 

(b) School districts and charter schools must provide ethnic studies instruction in elementary schools and middle schools by the 2027-2028 school year in accordance with state academic standards.

 

(c) Ethnic studies instruction must meet statewide ethnic studies academic standards.

 

(d) An ethnic studies course may focus specifically on a particular group of national or ethnic origin.

 

Subd. 3.  Department of Education.  The Department of Education must hire dedicated ethnic studies staff sufficient to fulfill the following department duties:

 

(1) support school district and charter school implementation of ethnic studies courses that fulfill ethnic studies standards through activities such as assistance with increased completion of the Minnesota Common Course Catalog, hosting an annual implementation support symposium, and regular updates and lessons learned;

 

(2) support school districts and charter schools in providing training for teachers and school district staff to successfully implement ethnic studies standards;

 

(3) support and provide tools for 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) provide resources and examples of how a dedicated coordinator for ethnic studies can facilitate higher quality implementation of ethnic studies; and


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(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 examples of implementation supports for use in kindergarten through grade 12 that accurately reflect the diversity of the state of Minnesota;

 

(iii) training materials for teachers and district and school staff, including an ethnic studies coordinator, to implement ethnic studies requirements; and

 

(iv) other resources to assist districts and charter schools in successfully implementing ethnic studies standards.

 

EFFECTIVE DATE.  This section is effective July 1, 2023.

 

Sec. 15.  [120B.252] HOLOCAUST, GENOCIDE OF INDIGENOUS PEOPLES, AND OTHER GENOCIDE EDUCATION.

 

Subdivision 1.  Definitions.  (a) "Holocaust and genocide studies" means interdisciplinary teaching and learning about the causes, impacts, and legacies of the Holocaust, other genocides, and incidents of mass violence.

 

(b) "Holocaust" means the systematic, state-sponsored persecution and murder of 6,000,000 Jews by the Nazi regime and its allies and collaborators.

 

(c) "Genocide" means an internationally recognized crime where acts are committed with the intent to destroy, in whole or in part, a national, ethnic, racial, or religious group.  Acts of genocide, as defined by the United Nations and the Rome Statute, include the following categories:

 

(1) killing members of the group;

 

(2) causing serious bodily or mental harm to members of the group;

 

(3) deliberately inflicting on the group conditions of life calculated to bring about its physical destruction in whole or in part;

 

(4) imposing measures intended to prevent births within the group; or

 

(5) forcibly transferring children of the group to another group.

 

Genocide also means a series of purposeful actions by a perpetrator or perpetrators to destroy a collectivity through mass or selective murders of group members and suppressing the biological and social reproduction of the collectivity.  The perpetrator or perpetrators may represent the state of the victim, another state, or another collectivity.

 

(d) "Incidents of mass violence" means extreme violence deliberately inflicted on a large scale on civilians or noncombatants by state or nonstate actors.  Incidents of mass violence encompass the international crimes of genocide, crimes against humanity, war crimes, and terrorism.

 

(e) "Center for Holocaust and Genocide Studies" means the Center for Holocaust and Genocide Studies at the University of Minnesota.


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Subd. 2.  Requirements.  (a) A school district must, at a minimum, offer as part of its social studies curriculum for middle and high school education on the Holocaust, genocide of Indigenous Peoples, and other genocides.  Curriculum must:

 

(1) examine the history of the genocide of Indigenous Peoples and Indigenous removal from Minnesota, including the genocide, dispossession, and forced removal of the Dakota, Ojibwe, and Ho-Chunk;

 

(2) analyze the connections between World War II, nationalism, fascism, antisemitism, and the Holocaust;

 

(3) analyze how individuals, groups, and societies around the world have been affected by genocide and mass violence, especially those experienced by communities expelled from, resettled in, migrated to, or living in Minnesota; and

 

(4) describe and evaluate different responses to genocides and other human rights violations.

 

(b) Public schools are strongly encouraged to include in middle and high school social studies curriculum context about the history, culture, and traditions of the communities devastated by the Holocaust, genocide of Indigenous Peoples, other genocides, and incidents of mass violence.

 

(c) School districts are strongly encouraged to include the Holocaust, genocide of Indigenous Peoples, other genocides, and incidents of mass violence in middle and high school English language arts curriculum.

 

(d) A school district must provide Holocaust and genocide education as part of its curriculum in middle and high school by the 2026-2027 school year in accordance with Department of Education rulemaking on social studies standards and benchmarks.

 

EFFECTIVE DATE.  This section is effective July 1, 2023.

 

Sec. 16.  Minnesota Statutes 2022, 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


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(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


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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.


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(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 attendance 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. 17.  Minnesota Statutes 2022, 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.


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(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.


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Sec. 18.  Minnesota Statutes 2022, 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 but no later than October 1.

 

Sec. 19.  Minnesota Statutes 2022, 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 relative to an individual student's prior achievement.  Indicators of achievement and prior achievement must be based on highly reliable statewide or districtwide assessments.

 

(2) For purposes of paragraphs (b), (c), and (d), the commissioner must 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, 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; English learners under section 124D.59; home language; free or reduced-price lunch; 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).


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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;


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(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.

 

Sec. 20.  Minnesota Statutes 2022, 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. 21.  Minnesota Statutes 2022, section 121A.031, subdivision 6, is amended to read:

 

Subd. 6.  State model policy.  (a) The commissioner, in consultation with the commissioner of human rights, shall develop and maintain a state model policy.  A district or school that does not adopt and implement a local policy under subdivisions 3 to 5 must implement and may supplement the provisions of the state model policy.  The commissioner must assist districts and schools under this subdivision to implement the state policy.  The state model policy must:

 

(1) define prohibited conduct, consistent with this section;

 

(2) apply the prohibited conduct policy components in this section;

 

(3) for a child with a disability, whenever an evaluation by an individualized education program team or a section 504 team indicates that the child's disability affects the child's social skills development or the child is vulnerable to prohibited conduct because of the child's disability, the child's individualized education program or section 504 plan may address the skills and proficiencies the child needs to not engage in and respond to such conduct; and


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(4) encourage violence prevention and character development education programs under section 120B.232, subdivision 1.

 

(b) The commissioner shall develop and post departmental procedures for:

 

(1) periodically reviewing district and school programs and policies for compliance with this section;

 

(2) investigating, reporting, and responding to noncompliance with this section, which may include an annual review of plans to improve and provide a safe and supportive school climate; and

 

(3) allowing students, parents, and educators to file a complaint about noncompliance with the commissioner.

 

(c) The commissioner must post on the department's website information indicating that when districts and schools allow non-curriculum-related student groups access to school facilities, the district or school must give all student groups equal access to the school facilities regardless of the content of the group members' speech.

 

(d) The commissioner must develop and maintain resources to assist a district or school in implementing strategies for creating a positive school climate and use evidence-based, social-emotional learning to prevent and reduce discrimination and other improper conduct.

 

Sec. 22.  [121A.0312] MALICIOUS AND SADISTIC CONDUCT.

 

(a) For purposes of this section, "malicious and sadistic conduct" means creating a hostile learning environment by acting with the intent to cause harm by intentionally injuring another without just cause or reason or engaging in extreme or excessive cruelty or delighting in cruelty.

 

(b) A school board of a district or charter school must adopt a written policy to address malicious and sadistic conduct and sexual exploitation by a district or school staff member, independent contractor, or student enrolled in a public school against a staff member, independent contractor, or student that occurs as described in section 121A.031, subdivision 1, paragraph (a).  The policy must prohibit:

 

(1) malicious and sadistic conduct involving race, color, creed, national origin, sex, age, marital status, status with regard to public assistance, disability, religion, sexual harassment, and sexual orientation and gender identity, as defined in chapter 363A; and

 

(2) sexual exploitation.

 

(c) The policy must apply to students, independent contractors, teachers, administrators, and other school personnel; must include at a minimum the components under section 121A.031, subdivision 4, paragraph (a); and must include disciplinary actions for each violation of the policy.  Disciplinary actions must conform with collective bargaining agreements and sections 121A.41 to 121A.56.

 

(d) The policy must be conspicuously posted throughout each school building, distributed to each district or school employee and independent contractor at the time of hiring or contracting, and included in each school's student handbook on school policies.  Each school must develop a process for discussing with students, parents of students, independent contractors, and school employees the policy adopted under this section.


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Sec. 23.  [121A.038] STUDENTS SAFE AT SCHOOL.

 

Subdivision 1.  Definitions.  (a) For the purposes of this section, the following terms have the meanings given.

 

(b) "Active shooter drill" means an emergency preparedness drill designed to teach students, teachers, school personnel, and staff how to respond in the event of an armed intruder on campus or an armed assailant in the immediate vicinity of the school.  An active shooter drill is not an active shooter simulation, nor may an active shooter drill include any sensorial components, activities, or elements which mimic a real life shooting.

 

(c) "Active shooter simulation" means an emergency exercise including full-scale or functional exercises, designed to teach adult school personnel and staff how to respond in the event of an armed intruder on campus or an armed assailant in the immediate vicinity of the school which also incorporates sensorial components, activities, or elements mimicking a real life shooting.  Activities or elements mimicking a real life shooting include, but are not limited to, simulation of tactical response by law enforcement.  An active shooter simulation is not an active shooter drill.

 

(d) "Evidence-based" means a program or practice that demonstrates any of the following:

 

(1) a statistically significant effect on relevant outcomes based on any of the following:

 

(i) strong evidence from one or more well designed and well implemented experimental studies;

 

(ii) moderate evidence from one or more well designed and well implemented quasi-experimental studies; or

 

(iii) promising evidence from one or more well designed and well implemented correlational studies with statistical controls for selection bias; or

 

(2) a rationale based on high-quality research findings or positive evaluations that the program or practice is likely to improve relevant outcomes, including the ongoing efforts to examine the effects of the program or practice.

 

(e) "Full-scale exercise" means an operations-based exercise that is typically the most complex and resource‑intensive of the exercise types and often involves multiple agencies, jurisdictions, organizations, and real‑time movement of resources.

 

(f) "Functional exercises" means an operations-based exercise designed to assess and evaluate capabilities and functions while in a realistic, real-time environment, however, movement of resources is usually simulated.

 

Subd. 2.  Criteria.  An active shooter drill conducted according to section 121A.037 with students in early childhood through grade 12 must be:

 

(1) accessible;

 

(2) developmentally appropriate and age appropriate, including using appropriate safety language and vocabulary;

 

(3) culturally aware;

 

(4) trauma-informed; and

 

(5) inclusive of accommodations for students with mobility restrictions, sensory needs, developmental or physical disabilities, mental health needs, and auditory or visual limitations.


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Subd. 3.  Student mental health and wellness.  Active shooter drill protocols must include a reasonable amount of time immediately following the drill for teachers to debrief with their students.  The opportunity to debrief must be provided to students before regular classroom activity may resume.  During the debrief period, students must be allowed to access any mental health services available on campus, including counselors, school psychologists, social workers, or cultural liaisons.  An active shooter drill must not be combined or conducted consecutively with any other type of emergency preparedness drill.  An active shooter drill must be accompanied by an announcement prior to commencing.  The announcement must use concise and age-appropriate language and, at a minimum, inform students there is no immediate danger to life and safety.

 

Subd. 4.  Notice.  (a) A school district or charter school must provide notice of a pending active shooter drill to every student's parent or legal guardian before an active shooter drill is conducted.  Whenever practicable, notice must be provided at least 24 hours in advance of a pending active shooter drill and inform the parent or legal guardian of the right to opt their student out of participating.

 

(b) If a student is opted out of participating in an active shooter drill, no negative consequence must impact the student's general school attendance record nor may nonparticipation alone make a student ineligible to participate in or attend school activities.

 

(c) The commissioner of education must ensure the availability of alternative safety education for students who are opted out of participating or otherwise exempted from an active shooter drill.  Alternative safety education must provide essential safety instruction through less sensorial safety training methods and must be appropriate for students with mobility restrictions, sensory needs, developmental or physical disabilities, mental health needs, and auditory or visual limitations.

 

Subd. 5.  Participation in active shooter drills.  Any student in early childhood through grade 12 must not be required to participate in an active shooter drill that does not meet the criteria in subdivision 2.

 

Subd. 6.  Active shooter simulations.  A student must not be required to participate in an active shooter simulation.  An active shooter simulation must not take place during regular school hours if a majority of students are present, or expected to be present, at the school.  A parent or legal guardian of a student in grades 9 through 12 must have the opportunity to opt their student into participating in an active shooter simulation.

 

Subd. 7.  Violence prevention.  (a) A school district or charter school conducting an active shooter drill must provide students in middle school and high school at least one hour, or one standard class period, of violence prevention training annually.

 

(b) The violence prevention training must be evidence-based and may be delivered in-person, virtually, or digitally.  Training must, at a minimum, teach students the following:

 

(1) how to identify observable warning signs and signals of an individual who may be at risk of harming oneself or others;

 

(2) the importance of taking threats seriously and seeking help; and

 

(3) the steps to report dangerous, violent, threatening, harmful, or potentially harmful activity.

 

(c) By July 1, 2024, the commissioner of public safety and the commissioner of education must jointly develop a list of evidence-based trainings that a school district or charter school may use to fulfill the requirements of this section, including no-cost programming, if any.  The agencies must:

 

(1) post the list publicly on the Minnesota School Safety Center's website; and


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(2) update the list every two years.

 

(d) A school district or charter school must ensure that students have the opportunity to contribute to their school's safety and violence prevention planning, aligned with the recommendations for multihazard planning for schools, including but not limited to:

 

(1) student opportunities for leadership related to prevention and safety;

 

(2) encouragement and support to students in establishing clubs and programs focused on safety; and

 

(3) providing students with the opportunity to seek help from adults and to learn about prevention connected to topics including bullying, sexual harassment, sexual assault, and suicide.

 

Subd. 8.  Board meeting.  At a regularly scheduled school board meeting, a school board of a district that has conducted an active shooter drill must consider the following:

 

(1) the effect of active shooter drills on the safety of students and staff; and

 

(2) the effect of active shooter drills on the mental health and wellness of students and staff.

 

Sec. 24.  [121A.201] MTSS AND COLLABORATIVE MINNESOTA PARTNERSHIPS TO ADVANCE STUDENT SUCCESS (COMPASS).

 

Beginning July 1, 2023, all Minnesota school districts and charter schools must be offered training and support in implementing MTSS through the Department of Education COMPASS team and the Department of Education's regional partners, the Minnesota Service Cooperatives.  COMPASS is the state school improvement model providing a statewide system through which all districts and schools may receive support in the areas of literacy, math, social-emotional learning, and mental health within the MTSS framework.  The MTSS framework is the state's systemic, continuous school improvement framework for ensuring positive social, emotional, behavioral, developmental, and academic outcomes for every student.  MTSS provides access to layered tiers of culturally and linguistically responsive, evidence-based practices.  The MTSS framework relies on the understanding and belief that every student can learn and thrive, and it engages an anti-bias and socially just approach to examining policies and practices and ensuring equitable distribution of resources and opportunity.  The MTSS systemic framework requires:

 

(1) a district-wide infrastructure consisting of effective leaders, collective efficacy among staff, positive school climate, linked teams, and professional learning that supports continuous improvement;

 

(2) authentic engagement with families and communities to develop reciprocal relationships and build new opportunities for students together;

 

(3) multilayered tiers of culturally and linguistically responsive instruction and support that allows every student the support they need to reach meaningful and rigorous learning standards.  Tiers of support include core (Tier 1), supplemental (Tier 2), and intensive (Tier 3) instruction levels;

 

(4) valid and reliable assessment tools and processes to assess student and system performance and inform necessary changes; and

 

(5) a data-based decision-making approach in which problems are precisely defined and analyzed, solutions address root causes, and implementation is monitored to ensure success.  The data-based problem-solving component of the MTSS framework consists of three major subcomponents:  accessible and integrated data, decision-making process, and system performance.


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Sec. 25.  [121A.35] SUICIDE PREVENTION INFORMATION; IDENTIFICATION CARDS.

 

A school district or charter school that issues an identification card to students in middle school, junior high, or high school must provide contact information for the 988 Suicide and Crisis LifeLine (988 LifeLine), the Crisis Text line, and the county mobile crisis services.  The contact information must also be included in the school's student handbook and the student planner if a student planner is custom printed by the school for distribution to students in grades 6 through 12.  A nonpublic school is encouraged to issue student identification cards consistent with this paragraph.

 

Sec. 26.  Minnesota Statutes 2022, 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 dismissing a pupil from school, including but not limited to evidence-based positive behavior interventions and supports, social and emotional services, school-linked mental health services, counseling services, social work services, academic screening for Title 1 services or reading interventions, and alternative education services.  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 2023-2024 school year and later.

 

Sec. 27.  Minnesota Statutes 2022, 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 2023-2024 school year and later.

 

Sec. 28.  Minnesota Statutes 2022, 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 an 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) This provision does not apply to a dismissal from school for less than one school day, except as provided under chapter 125A and federal law for a student receiving special education services.

 

(c) 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.


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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, 2023.

 

Sec. 29.  Minnesota Statutes 2022, 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 2023-2024 school year and later.

 

Sec. 30.  Minnesota Statutes 2022, 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 2023-2024 school year and later.

 

Sec. 31.  Minnesota Statutes 2022, 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 2023-2024 school year and later.

 

Sec. 32.  Minnesota Statutes 2022, 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;


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(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 2023-2024 school year and later.

 

Sec. 33.  Minnesota Statutes 2022, 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 require 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 include reasonable attempts to obtain 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 2023-2024 school year and later.

 

Sec. 34.  Minnesota Statutes 2022, section 121A.53, subdivision 1, is amended to read:

 

Subdivision 1.  Exclusions and expulsions; student 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


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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 2023-2024 school year and later.

 

Sec. 35.  Minnesota Statutes 2022, 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) for a pupil who remains enrolled in the district or is awaiting enrollment in a new district, a school district's continuing responsibility includes reviewing the pupil's schoolwork and grades on a quarterly basis to ensure the pupil is on track for readmission with the pupil's peers.  A school district must communicate on a regular basis with the pupil's parent or guardian to ensure that the pupil is completing the work assigned through the alternative educational services as defined in section 121A.41, subdivision 11.  These services are required until the pupil enrolls in another school or returns to the same school;

 

(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 2023-2024 school year and later.


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Sec. 36.  Minnesota Statutes 2022, section 121A.58, is amended to read:

 

121A.58 CORPORAL PUNISHMENT; PRONE RESTRAINT; AND CERTAIN PHYSICAL HOLDS.

 

Subdivision 1.  Definition Definitions.  (a) For the purpose of this section, "corporal punishment" means conduct involving:

 

(1) hitting or spanking a person with or without an object; or

 

(2) unreasonable physical force that causes bodily harm or substantial emotional harm.

 

(b) For the purpose of this section, "prone restraint" means placing a child in a face-down position.

 

Subd. 2.  Corporal punishment not allowed.  An employee or agent of a district shall not inflict corporal punishment or cause corporal punishment to be inflicted upon a pupil to reform unacceptable conduct or as a penalty for unacceptable conduct.

 

Subd. 2a.  Prone restraint and certain physical holds not allowed.  (a) An employee or agent of a district, including a school resource officer, security personnel, or police officer contracted with a district, shall not use prone restraint.

 

(b) An employee or agent of a district, including a school resource officer, security personnel, or police officer contracted with a district, shall not inflict any form of physical holding that restricts or impairs a pupil's ability to breathe; restricts or impairs a pupil's ability to communicate distress; places pressure or weight on a pupil's head, throat, neck, chest, lungs, sternum, diaphragm, back, or abdomen; or results in straddling a pupil's torso.

 

Subd. 3.  Violation.  Conduct that violates subdivision 2 is not a crime under section 645.241, but may be a crime under chapter 609 if the conduct violates a provision of chapter 609.  Conduct that violates subdivision 2a is not per se corporal punishment under this statute.  Nothing in this section or section 125A.0941 precludes the use of reasonable force under section 121A.582.

 

Sec. 37.  Minnesota Statutes 2022, 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. 38.  Minnesota Statutes 2022, 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;


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(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.;


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(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. 39.  Minnesota Statutes 2022, 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. 40.  Minnesota Statutes 2022, section 121A.61, is amended by adding a subdivision to read:

 

Subd. 5.  School supports.  (a) A school board is strongly encouraged to adopt a policy that promotes the understanding in school staff that when a student is unable to meet adult expectations it is often because the student lacks the skills to respond to a situation appropriately.  A school district must support school staff in using tiered interventions that teach students skills and prioritize relationships between students and teachers.

 

(b) A school board is strongly encouraged to adopt a policy that discourages teachers and staff from reacting to unwanted student behavior with approaches that take away the student's opportunity to build skills for responding more appropriately.

 

Sec. 41.  [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.


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(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 not withhold recess from a student based on incomplete schoolwork.

 

(e) 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.

 

(f) 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.  This information must be available to the public upon request.  A school district or charter school is encouraged to use the data in professional development promoting the use of nonexclusionary discipline.

 

(g) A school district or charter school must not withhold or excessively delay a student's participation in scheduled mealtimes.  This section does not alter a district or school's existing responsibilities under section 124D.111 or other state or federal law.

 

Sec. 42.  [121A.642] PARAPROFESSIONAL TRAINING.

 

Subdivision 1.  Training required.  A school district or charter school must provide a minimum of eight hours of paid orientation or professional development annually to all paraprofessionals, Title I aides, and other instructional support staff.  Six of the eight hours must be completed before the first instructional day of the school year or within 30 days of hire.  The orientation or professional development must be relevant to the employee's occupation and may include collaboration time with classroom teachers and planning for the school year.  For paraprofessionals who provide direct support to students, at least 50 percent of the professional development or orientation must be dedicated to meeting the requirements of this section.  Professional development for paraprofessionals may also address the requirements of section 120B.363, subdivision 3.  A school administrator must provide an annual certification of compliance with this requirement to the commissioner.

 

Subd. 2.  Reimbursement for paraprofessional training.  (a) Beginning in fiscal year 2025, the commissioner of education must reimburse school districts, charter schools, intermediate school districts and other cooperative units, the Perpich Center for Arts Education, and the Minnesota State Academies in the form and manner specified by the commissioner for paraprofessional training costs.

 

(b) The paraprofessional reimbursement equals the prior year compensation expenses associated with providing up to eight hours of paid orientation and professional development for each paraprofessional trained under subdivision 1.

 

(c) The commissioner may establish procedures to ensure that any costs reimbursed under this section are excluded from other school revenue calculations.

 

EFFECTIVE DATE.  This section is effective July 1, 2023.


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Sec. 43.  Minnesota Statutes 2022, section 124D.03, subdivision 3, is amended to read:

 

Subd. 3.  Pupil application procedures.  (a) In order that a pupil may attend a school or program in a nonresident district, the pupil's parent or guardian must submit an application to the nonresident district.  The pupil's application must identify a reason for enrolling in the nonresident district.  The parent or guardian of a pupil must submit a signed application by January 15 for initial enrollment beginning the following school year.  The application must be on a form provided by the Department of Education.  A particular school or program may be requested by the parent.  Once enrolled in a nonresident district, the pupil may remain enrolled and is not required to submit annual or periodic applications.  If the student moves to a new resident district, the student retains the seat in the nonresident district, but must submit a new enrollment options form to update the student's information.  To return to the resident district or to transfer to a different nonresident district, the parent or guardian of the pupil must provide notice to the resident district or apply to a different nonresident district by January 15 for enrollment beginning the following school year.

 

(b) A school district may require a nonresident student enrolled in a program under section 125A.13, or in a preschool program, except for a program under section 124D.151 or Laws 2017, First Special Session chapter 5, article 8, section 9, to follow the application procedures under this subdivision to enroll in kindergarten.  A district must allow a nonresident student enrolled in a program under section 124D.151 or Laws 2017, First Special Session chapter 5, article 8, section 9, to remain enrolled in the district when the student enters kindergarten without submitting annual or periodic applications, unless the district terminates the student's enrollment under subdivision 12.

 

Sec. 44.  Minnesota Statutes 2022, section 124D.03, subdivision 5, is amended to read:

 

Subd. 5.  Nonresident district procedures.  A district shall notify the parent or guardian in writing by February 15 or within 90 days for applications submitted after January 15 in the case of achievement and integration district transfers whether the application has been accepted or rejected.  If an application is rejected, the district must state in the notification the reason for rejection.  The parent or guardian must notify the nonresident district by March 1 or within 45 ten business days whether the pupil intends to enroll in the nonresident district.  Notice of intent to enroll in the nonresident district obligates the pupil to attend the nonresident district during the following school year, unless the boards of the resident and the nonresident districts agree in writing to allow the pupil to transfer back to the resident district.  If the pupil's parents or guardians change residence to another district, the student does not lose the seat in the nonresident district but the parent or guardian must complete an updated enrollment options form.  If a parent or guardian does not notify the nonresident district by the January 15 deadline, if it applies, the pupil may not enroll in that nonresident district during the following school year, unless the boards of the resident and nonresident district agree otherwise.  The nonresident district must notify the resident district by March 15 or 30 days later of the pupil's intent to enroll in the nonresident district.  The same procedures apply to a pupil who applies to transfer from one participating nonresident district to another participating nonresident district.

 

Sec. 45.  Minnesota Statutes 2022, 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 must not require a faith statement from a secondary student seeking to enroll in a postsecondary course under this section 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.


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(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. 46.  Minnesota Statutes 2022, section 124D.09, subdivision 5, is amended to read:

 

Subd. 5.  Authorization; notification.  Notwithstanding any other law to the contrary, an 11th or 12th grade pupil enrolled in a school or an American Indian-controlled Tribal contract or grant school eligible for aid under section 124D.83, except a foreign exchange pupil enrolled in a district under a cultural exchange program, may apply to an eligible institution, as defined in subdivision 3, to enroll in nonsectarian courses offered by that postsecondary institution.  If an institution accepts a secondary pupil for enrollment under this section, the institution shall send written notice to the pupil, the pupil's school or school district, and the commissioner.  The notice must indicate the course and hours of enrollment of that pupil.  If the pupil enrolls in a course for postsecondary credit, the institution must notify:

 

(1) the pupil about payment in the customary manner used by the institution.; and

 

(2) the pupil's school as soon as practicable if the pupil withdraws from the course or stops attending the course.

 

EFFECTIVE DATE.  This section is effective July 1, 2023.

 

Sec. 47.  Minnesota Statutes 2022, 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 must 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 must determine the number of credits that shall must be granted to a pupil who successfully completes a course.  If a comparable course is offered by the district, the school board shall must 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 is final.

 

(c) A school board must adopt a policy regarding weighted grade point averages for any high school or dual enrollment course.  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 must provide the school with a copy of the pupil's grade grades in each course taken for secondary credit under this section, including interim or nonfinal grades earned during the academic term.  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.


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(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.

 

EFFECTIVE DATE.  This section is effective July 1, 2023.

 

Sec. 48.  Minnesota Statutes 2022, 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. 49.  [124D.094] ONLINE INSTRUCTION ACT.

 

Subdivision 1.  Definitions.  (a) For purposes of this section, the following terms have the meanings given.

 

(b) "Blended instruction" means a form of digital instruction that occurs when a student learns part time in a supervised physical setting and part time through online instruction under paragraph (f).


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(c) "Digital instruction" means instruction facilitated by technology that offers students an element of control over the time, place, path, or pace of learning and includes blended and online instruction.

 

(d) "Enrolling district" means the school district or charter school in which a student is enrolled under section 120A.22, subdivision 4.

 

(e) "Online course syllabus" means a written document that identifies the state academic standards taught and assessed in a supplemental online course under paragraph (j); course content outline; required course assessments; instructional methods; communication procedures with students, guardians, and the enrolling district under paragraph (d); and supports available to the student.

 

(f) "Online instruction" means a form of digital instruction that occurs when a student learns primarily through digital technology away from a supervised physical setting.

 

(g) "Online instructional site" means a site that offers courses using online instruction under paragraph (f) and may enroll students receiving online instruction under paragraph (f).

 

(h) "Online teacher" means an employee of the enrolling district under paragraph (d) or the supplemental online course provider under paragraph (k) who holds the appropriate licensure under Minnesota Rules, chapter 8710, and is trained to provide online instruction under paragraph (f).

 

(i) "Student" means a Minnesota resident enrolled in a school defined under section 120A.22, subdivision 4, in kindergarten through grade 12 up to the age of 21.

 

(j) "Supplemental online course" means an online learning course taken in place of a course provided by the student's enrolling district under paragraph (d).

 

(k) "Supplemental online course provider" means 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 is authorized by the Department of Education to provide supplemental online courses under paragraph (j).

 

Subd. 2.  Digital instruction.  (a) An enrolling district may provide digital instruction, including blended instruction and online instruction, to the district's own enrolled students.  Enrolling districts may establish agreements to provide digital instruction, including blended instruction and online instruction, to students enrolled in the cooperating schools.

 

(b) When online instruction is provided, an online teacher as defined under subdivision 1, paragraph (h), shall perform all duties of teacher of record under Minnesota Rules, part 8710.0310.  Unless the commissioner grants a waiver, a teacher providing online instruction shall not instruct more than 40 students in any one online learning course or section.

 

(c) Students receiving online instruction full time shall be reported as enrolled in an online instructional site under subdivision 1, paragraph (g).

 

(d) Curriculum used for digital instruction shall be aligned with Minnesota's current academic standards and benchmarks.

 

(e) Digital instruction shall be accessible to students under section 504 of the federal Rehabilitation Act and Title II of the federal Americans with Disabilities Act.


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(f) An enrolling district providing digital instruction and a supplemental online course provider shall assist an enrolled student whose family qualifies for the education tax credit under section 290.0674 to acquire computer hardware and educational software so they may participate in digital instruction.  Funds provided to a family to support digital instruction or supplemental online courses may only be used for qualifying expenses as determined by the provider.  Nonconsumable materials purchased with public education funds remain the property of the provider.  Records for any funds provided must be available for review by the public or the department.

 

(g) An enrolling district providing digital instruction shall establish and document procedures for determining attendance for membership and keep accurate records of daily attendance under section 120A.21.

 

Subd. 3.  Supplemental online courses.  (a) Notwithstanding sections 124D.03 and 124D.08 and chapter 124E, procedures for applying to take supplemental online courses other than those offered by the student's enrolling district are as provided in this subdivision. 

 

(b) Any kindergarten through grade 12 student may apply to take a supplemental online course under subdivision 1, paragraph (j).  The student, or the student's parent or guardian for a student under age 17, must submit an application for the proposed supplemental online course or courses.  A student may:

 

(1) apply to take an online course from a supplemental online course provider that meets or exceeds the academic standards of the course in the enrolling district they are replacing;

 

(2) apply to take supplemental online courses for up to 50 percent of the student's scheduled course load; and

 

(3) apply to take supplemental online courses no later than 15 school days after the student's enrolling district's term has begun.  An enrolling district may waive the 50 percent course enrollment limit or the 15-day time limit.

 

(c) A student taking a supplemental online course must have the same access to the computer hardware and education software available in a school as all other students in the enrolling district.

 

(d) A supplemental online course provider must have a current, approved application to be listed by the Department of Education as an approved provider.  The supplemental online course provider must:

 

(1) use an application form specified by the Department of Education;

 

(2) notify the student, the student's guardian if they are age 17 or younger, and enrolling district of the accepted application to take a supplemental online course within ten days of receiving a completed application;

 

(3) notify the enrolling district of the course title, credits to be awarded, and the start date of the online course.  A supplemental online course provider must make the online course syllabus available to the enrolling district;

 

(4) request applicable academic support information for the student, including a copy of the IEP, EL support plan, or 504 plan; and

 

(5) track student attendance and monitor academic progress and communicate with the student, the student's guardian if they are age 17 or younger, and the enrolling district's designated online learning liaison.

 

(e) A supplemental online course 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.  The provisions may not discriminate against any protected class or students with disabilities.


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(f) A supplemental online course provider may request that the Department of Education review an enrolling district's written decision to not accept a student's supplemental online course application.  The student may participate in the supplemental online course while the application is under review.  Decisions shall be final and binding for both the enrolling district and the supplemental online course provider.

 

(g) A supplemental online course provider must participate in continuous improvement cycles with the Department of Education. 

 

Subd. 4.  Enrolling district.  (a) An enrolling district may not restrict or prevent a student from applying to take supplemental online courses.

 

(b) An enrolling district may request an online course syllabus as defined under subdivision 1, paragraph (e), to review whether the academic standards in the online course meet or exceed the academic standards in the course it would replace at the enrolling district.

 

(c) Within 15 days after receiving notice of a student applying to take a supplemental online course, the enrolling district must notify the supplemental online course provider whether the student, the student's guardian, and the enrolling district agree that academic standards in the online course meet or exceed the academic standards in the course it would replace at the enrolling district.  If the enrolling district does not agree that the academic standards in the online course meet or exceed the academic standards in the course it would replace at the enrolling district, then:

 

(1) the enrolling district must provide a written explanation of the district's decision to the student, the student's guardian, and the supplemental online course provider; and

 

(2) the online provider must provide a response to the enrolling district explaining how the course or program meets the graduation requirements of the enrolling district.

 

(d) An enrolling district may reduce the course schedule of a student taking supplemental online courses in proportion to the number of supplemental online learning courses the student takes.

 

(e) An enrolling district must appoint an online learning liaison who:

 

(1) provides information to students and families about supplemental online courses;

 

(2) provides academic support information including IEPs, EL support plans, and 504 plans to supplemental online providers; and

 

(3) monitors attendance and academic progress, and communicates with supplemental online learning providers, students, families, and enrolling district staff.

 

(f) An enrolling district must continue to provide support services to students taking supplemental online courses as they would for any other enrolled student including support for English learners, case management of an individualized education program, and meal and nutrition services for eligible students.

 

(g) An online learning student must receive academic credit for completing the requirements of a supplemental online learning course.  If a student completes an online learning course that meets or exceeds a graduation standard or the grade progression requirement at the enrolling district, that standard or requirement is met.

 

(h) Secondary credits granted to 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 students taking supplemental online courses.


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(i) An enrolling district must provide access to extracurricular activities for students taking supplemental online courses on the same basis as any other enrolled student.

 

Subd. 5.  Reporting.  Courses that include blended instruction and online instruction must be reported in the manner determined by the commissioner of education.

 

Subd. 6.  Department of Education.  (a) The commissioner must establish quality standards to be used for applications and continuous improvement of supplemental online course providers, and by enrolling districts using digital instruction.

 

(b) The commissioner must support the enrolling district's development of high-quality digital instruction and monitor implementation.  The department must establish and participate in continuous improvement cycles with supplemental online course providers.

 

(c) Applications from prospective supplemental online course providers must be reviewed using quality standards and approved or denied within 90 calendar days of receiving a complete application.

 

(d) The department may collect a fee not to exceed $250 for reviewing applications by supplemental online course providers or $50 per supplemental course application review request.  Funds generated from application review fees shall be used to support high quality digital instruction.

 

(e) The department must develop, publish, and maintain a list of supplemental online course providers that the department has reviewed and approved.

 

(f) The department may review a complaint about an enrolling district providing digital instruction, or a complaint about a supplemental online course provider based on the provider's response to notice of a violation.  If the department determines that an enrolling district providing digital instruction or a supplemental online course 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 this section and sections 124E.25 and 127A.42.  The department must notify an online learning provider in writing about withholding funds and provide detailed calculations.

 

(g) An online learning program fee administration account is created in the special revenue fund.  Funds retained under paragraph (d) must be deposited in the account.  Money in the account is annually appropriated to the commissioner for costs associated with administering and monitoring online and digital learning programs.

 

Subd. 7.  Financial arrangements.  (a) For a student enrolled in an online supplemental course, the department must calculate average daily membership and make payments according to this subdivision.

 

(b) The initial online supplemental 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 supplemental average daily membership times .88.

 

(c) No online supplemental average daily membership shall be generated if the student:

 

(1) does not complete the online learning course; or

 

(2) is enrolled in an online course provided by the enrolling district.


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(d) Online course average daily membership under this subdivision for a student currently enrolled in a Minnesota public school shall be used only for computing average daily membership according to section 126C.05, subdivision 19, paragraph (a), clause (2), and for computing online course aid according to section 124D.096.

 

Sec. 50.  Minnesota Statutes 2022, 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. 51.  Minnesota Statutes 2022, section 124D.231, is amended to read:

 

124D.231 FULL-SERVICE COMMUNITY SCHOOLS.

 

Subdivision 1.  Definitions.  For the purposes of this section, the following terms have the meanings given them.

 

(a) "Community organization" means a nonprofit organization that has been in existence for three years or more and serves persons within the community surrounding the covered school site on education and other issues.

 

(b) "Community school consortium" means a group of schools and community organizations that propose to work together to plan and implement community school programming.

 

(c) "Community school programming" means services, activities, and opportunities described under subdivision 2, paragraph (g) (f).

 

(d) "Community-wide full-service community school leadership team" means a district-level team that is responsible for guiding the vision, policy, resource alignment, implementation, oversight, and goal setting for community school programs within the district.  This team shall include representatives from the district, including teachers, school leaders, students, and family members from the eligible schools; community members; system-level partners that include representatives from government agencies, relevant unions, and nonprofit and other community-based partners; and, if applicable, the full-service community school initiative director.

 

(e) "Full-service community school initiative director" means a director responsible for coordinating districtwide administrative and leadership assistance to community school sites and site coordinators, including serving as chairperson for the district's community-wide full-service community school leadership team; site coordinator support; data gathering and evaluation; administration of partnership and data agreements, contracts, and procurement; and grant administration.

 

(d) (f) "High-quality child care or early childhood education programming" means educational programming for preschool-aged children that is grounded in research, consistent with best practices in the field, and provided by licensed teachers.

 

(e) (g) "School site" means a school site at which an applicant has proposed or has been funded to provide community school programming.

 

(f) (h) "Site coordinator" is an individual means a full-time staff member serving one eligible school who is responsible for aligning the identification, implementation, and coordination of programming with to address the needs of the school community identified in the baseline analysis.


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Subd. 2.  Full-service community school program.  (a) The commissioner shall provide funding to districts and charter schools with eligible school sites to plan, implement, and improve full-service community schools.  Eligible school sites must meet one of the following criteria:

 

(1) the school is on a development plan for continuous improvement under section 120B.35, subdivision 2; or

 

(2) the school is in a district that has an achievement and integration plan approved by the commissioner of education under sections 124D.861 and 124D.862.

 

(b) An eligible school site may receive up to $150,000 annually.  Districts and charter schools may receive up to:

 

(1) $100,000 for each eligible school available for up to one year to fund planning activities, including convening a full-service community school leadership team, facilitating family and community stakeholder engagement, conducting a baseline analysis, and creating a full-service community school plan.  At the end of this period, the school must submit a full-service community school plan pursuant to paragraphs (d) and (e); and

 

(2) $200,000 annually for each eligible school for up to three years of implementation of a full-service community school plan, pursuant to paragraphs (f) and (g).  School sites receiving funding under this section shall hire or contract with a partner agency to hire a site coordinator to coordinate services at each covered school site.  Districts or charter schools receiving funding under this section for three or more schools shall provide or contract with a partner agency to provide a full-service community school initiative director.

 

(c) Of grants awarded, implementation funding of up to $20,000 must be available for up to one year for planning for school sites.  At the end of this period, the school must submit a full-service community school plan, pursuant to paragraph (g).  If the site decides not to use planning funds, the plan must be submitted with the application.

 

(d) (c) The commissioner shall consider additional school factors when dispensing funds including:  schools with significant populations of students receiving free or reduced-price lunches; significant homeless and highly mobile rates; and equity among urban, suburban, and greater Minnesota schools; and demonstrated success implementing full-service community school programming.

 

(e) (d) A school site must establish a full-service community school leadership team responsible for developing school-specific programming goals, assessing program needs, and overseeing the process of implementing expanded programming at each covered site.  The school leadership team shall have between at least 12 to 15 members and shall meet the following requirements:

 

(1) at least 30 percent of the members are parents, guardians, or students and 30 percent of the members are teachers at the school site and must include the school principal and representatives from partner agencies; and

 

(2) the full-service community school leadership team must be responsible for overseeing the baseline analyses under paragraph (f) (e) and the creation of a full-service community school plan under paragraphs (f) and (g).  A full-service community school leadership team must meet at least quarterly and have ongoing responsibility for monitoring the development and implementation of full-service community school operations and programming at the school site and shall issue recommendations to schools on a regular basis and summarized in an annual report.  These reports shall also be made available to the public at the school site and on school and district websites.


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(f) (e) School sites must complete a baseline analysis prior to beginning programming as the creation of a full‑service community school plan.  The analysis shall include:

 

(1) a baseline analysis of needs at the school site, led by the school leadership team, which shall include including the following elements:

 

(i) identification of challenges facing the school;

 

(ii) analysis of the student body, including:

 

(A) number and percentage of students with disabilities and needs of these students;

 

(B) number and percentage of students who are English learners and the needs of these students;

 

(C) number of students who are homeless or highly mobile; and

 

(D) number and percentage of students receiving free or reduced-price lunch and the needs of these students; and

 

(E) number and percentage of students by race and ethnicity;

 

(iii) analysis of enrollment and retention rates for students with disabilities, English learners, homeless and highly mobile students, and students receiving free or reduced-price lunch;

 

(iv) analysis of suspension and expulsion data, including the justification for such disciplinary actions and the degree to which particular populations, including, but not limited to, American Indian students and students of color, students with disabilities, students who are English learners, and students receiving free or reduced-price lunch are represented among students subject to such actions;

 

(v) analysis of school achievement data disaggregated by major demographic categories, including, but not limited to, race, ethnicity, English learner status, disability status, and free or reduced-price lunch status;

 

(vi) analysis of current parent engagement strategies and their success; and

 

(vii) evaluation of the need for and availability of wraparound services full-service community school activities, including, but not limited to:

 

(A) mechanisms for meeting students' social, emotional, and physical health needs, which may include coordination of existing services as well as the development of new services based on student needs; and

 

(B) strategies to create a safe and secure school environment and improve school climate and discipline, such as implementing a system of positive behavioral supports, and taking additional steps to eliminate bullying;

 

(A) integrated student supports that address out-of-school barriers to learning through partnerships with social and health service agencies and providers, and may include medical, dental, vision care, and mental health services or counselors to assist with housing, transportation, nutrition, immigration, or criminal justice issues;

 

(B) expanded and enriched learning time and opportunities, including before-school, after-school, weekend, and summer programs that provide additional academic instruction, individualized academic support, enrichment activities, and learning opportunities that emphasize real-world learning and community problem solving and may include art, music, drama, creative writing, hands-on experience with engineering or science, tutoring and homework help, or recreational programs that enhance and are consistent with the school's curriculum;


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(C) active family and community engagement that brings students' families and the community into the school as partners in education and makes the school a neighborhood hub, providing adults with educational opportunities that may include adult English as a second language classes, computer skills, art, or other programs that bring community members into the school for meetings or events; and

 

(D) collaborative leadership and practices that build a culture of professional learning, collective trust, and shared responsibility and include a school-based full-service community school leadership team, a full-service community school site coordinator, a full-service community school initiative director, a community-wide leadership team, other leadership or governance teams, teacher learning communities, or other staff to manage the joint work of school and community organizations;

 

(2) a baseline analysis of community assets and a strategic plan for utilizing and aligning identified assets.  This analysis should include, but is not limited to, a, including documentation of individuals in the community, faith‑based organizations, community and neighborhood associations, colleges, hospitals, libraries, businesses, and social service agencies who that may be able to provide support and resources; and

 

(3) a baseline analysis of needs in the community surrounding the school, led by the school leadership team, including, but not limited to:

 

(i) the need for high-quality, full-day child care and early childhood education programs;

 

(ii) the need for physical and mental health care services for children and adults; and

 

(iii) the need for job training and other adult education programming.

 

(g) (f) Each school site receiving funding under this section must establish develop a full-service community school plan that utilizes and aligns district and community assets and establishes services in at least two of the following types of programming:

 

(1) early childhood:

 

(i) early childhood education; and

 

(ii) child care services;

 

(2) academic:

 

(i) academic support and enrichment activities, including expanded learning time;

 

(ii) summer or after-school enrichment and learning experiences;

 

(iii) job training, internship opportunities, and career counseling services;

 

(iv) programs that provide assistance to students who have been chronically absent, truant, suspended, or expelled; and

 

(v) specialized instructional support services;

 

(3) parental involvement:

 

(i) programs that promote parental involvement and family literacy;


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(ii) parent leadership development activities that empower and strengthen families and communities, provide volunteer opportunities, or promote inclusion in school-based leadership teams; and

 

(iii) parenting education activities;

 

(4) mental and physical health:

 

(i) mentoring and other youth development programs, including peer mentoring and conflict mediation;

 

(ii) juvenile crime prevention and rehabilitation programs;

 

(iii) home visitation services by teachers and other professionals;

 

(iv) developmentally appropriate physical education;

 

(v) nutrition services;

 

(vi) primary health and dental care; and

 

(vii) mental health counseling services;

 

(5) community involvement:

 

(i) service and service-learning opportunities;

 

(ii) adult education, including instruction in English as a second language; and

 

(iii) homeless prevention services;

 

(6) positive discipline practices; and

 

(7) other programming designed to meet school and community needs identified in the baseline analysis and reflected in the full-service community school plan.

 

(h) (g) The full-service community school leadership team at each school site must develop a full-service community school plan detailing the steps the school leadership team will take, including:

 

(1) timely establishment and consistent operation of the school leadership team;

 

(2) maintenance of attendance records in all programming components;

 

(3) maintenance of measurable data showing annual participation and the impact of programming on the participating children and adults;

 

(4) documentation of meaningful and sustained collaboration between the school and community stakeholders, including local governmental units, civic engagement organizations, businesses, and social service providers;

 

(5) establishment and maintenance of partnerships with institutions, such as universities, hospitals, museums, or not-for-profit community organizations to further the development and implementation of community school programming;


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(6) ensuring compliance with the district nondiscrimination policy; and

 

(7) plan for school leadership team development.

 

Subd. 3.  Full-service community school review.  (a) Every three years, A full-service community school site must submit to the commissioner, and make available at the school site and online, a report describing efforts to integrate community school programming at each covered school site and the effect of the transition to a full-service community school on participating children and adults.  This report shall include, but is not limited to, the following:

 

(1) an assessment of the effectiveness of the school site in development or implementing the community school plan;

 

(2) problems encountered in the design and execution of the community school plan, including identification of any federal, state, or local statute or regulation impeding program implementation;

 

(3) the operation of the school leadership team and its contribution to successful execution of the community school plan;

 

(4) recommendations for improving delivery of community school programming to students and families;

 

(5) the number and percentage of students receiving community school programming who had not previously been served;

 

(6) the number and percentage of nonstudent community members receiving community school programming who had not previously been served;

 

(7) improvement in retention among students who receive community school programming;

 

(8) improvement in academic achievement among students who receive community school programming;

 

(9) changes in student's readiness to enter school, active involvement in learning and in their community, physical, social and emotional health, and student's relationship with the school and community environment;

 

(10) an accounting of anticipated local budget savings, if any, resulting from the implementation of the program;

 

(11) improvements to the frequency or depth of families' involvement with their children's education;

 

(12) assessment of community stakeholder satisfaction;

 

(13) assessment of institutional partner satisfaction;

 

(14) the ability, or anticipated ability, of the school site and partners to continue to provide services in the absence of future funding under this section;

 

(15) increases in access to services for students and their families; and.

 

(16) the degree of increased collaboration among participating agencies and private partners.


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(b) Reports submitted under this section shall be evaluated by the commissioner with respect to the following criteria:

 

(1) the effectiveness of the school or the community school consortium in implementing the full-service community school plan, including the degree to which the school site navigated difficulties encountered in the design and operation of the full-service community school plan, including identification of any federal, state, or local statute or regulation impeding program implementation;

 

(2) the extent to which the project has produced lessons about ways to improve delivery of community school programming to students;

 

(3) the degree to which there has been an increase in the number or percentage of students and nonstudents receiving community school programming;

 

(4) the degree to which there has been an improvement in retention of students and improvement in academic achievement among students receiving community school programming;

 

(5) local budget savings, if any, resulting from the implementation of the program;

 

(6) the degree of community stakeholder and institutional partner engagement;

 

(7) the ability, or anticipated ability, of the school site and partners to continue to provide services in the absence of future funding under this section;

 

(8) increases in access to services for students and their families; and

 

(9) the degree of increased collaboration among participating agencies and private partners.

 

Sec. 52.  [124D.475] CREDIT FOR EMPLOYMENT WITH HEALTH CARE PROVIDERS.

 

Consistent with the career and technical pathways program, a student in grade 11 or 12 who is employed by an institutional long-term care or licensed assisted living facility, a home and community-based services and supports provider, a hospital or health system clinic, or a child care center may earn up to two elective credits each year toward graduation under section 120B.024, subdivision 1, paragraph (a), clause (7), at the discretion of the enrolling school district or charter school.  A student may earn one elective credit for every 350 hours worked, including hours worked during the summer.  A student who is employed by an eligible employer must submit an application, in the form or manner required by the school district or charter school, for elective credit to the school district or charter school in order to receive elective credit.  The school district or charter school must verify the hours worked with the employer before awarding elective credit.

 

EFFECTIVE DATE.  This section is effective for the 2023-2024 school year and later.

 

Sec. 53.  Minnesota Statutes 2022, 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 an English learner with an limited or interrupted formal education is an English learner under subdivision 2 who meets three of the following five requirements:

 

(1) comes from a home where the language usually spoken is other than English, or usually speaks a language other than English;


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(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. has at least two fewer years of schooling than the English learner's peers when entering school in the United States.

 

Sec. 54.  Minnesota Statutes 2022, 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), and a pupil with a disability until the pupil is 22 years of age, 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 having substance use disorder;

 

(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) is a victim of physical or sexual abuse;

 

(8) has experienced mental health problems;

 

(9) has experienced homelessness sometime within six months before requesting a transfer to an eligible program;

 

(10) speaks English as a second language or is an English learner;

 

(11) has withdrawn from school or has been chronically truant; or

 

(12) 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:


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(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. 55.  Minnesota Statutes 2022, section 124D.68, subdivision 3, is amended to read:

 

Subd. 3.  Eligible programs.  (a) A pupil who is eligible according to subdivision 2 may enroll in a state‑approved alternative program under sections 123A.05 to 123A.08.

 

(b) A pupil who is eligible according to subdivision 2 and who is a high school junior or senior may enroll in postsecondary courses under section 124D.09.

 

(c) A pupil who is eligible under subdivision 2, may enroll in any public elementary or secondary education program.

 

(d) A pupil who is eligible under subdivision 2, may enroll in any nonpublic, nonsectarian school that has contracted with the serving school district to provide educational services.  However, notwithstanding other provisions of this section, only a pupil who is eligible under subdivision 2, clause (12), may enroll in a contract alternative school that is specifically structured to provide educational services to such a pupil.

 

(e) A pupil who is between the ages of 16 17 and 21 may enroll in any adult basic education programs approved under section 124D.52 and operated under the community education program contained in section 124D.19.

 

Sec. 56.  Minnesota Statutes 2022, 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.


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(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;


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(8) instruction in ethnic studies, as defined in section 120B.25, 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. 57.  Minnesota Statutes 2022, section 124D.862, subdivision 8, is amended to read:

 

Subd. 8.  Commissioner authority to withhold revenue.  (a) The commissioner must review the results of each district's integration and achievement plan by August 1 at the end of the third year of implementing the plan and determine if the district met its goals.

 

(b) If a district met its goals, it may submit a new three-year plan to the commissioner for review.

 

(c) If a district has not met its goals, the commissioner must:

 

(1) develop a guide the district in the development of an improvement plan and timeline, in consultation with the affected district, that identifies strategies and practices designed to meet the district's goals under this section and section 120B.11; and

 

(2) use up to 20 percent of the district's integration revenue, until the district's goals are reached, to implement the improvement plan.

 

Sec. 58.  Minnesota Statutes 2022, section 125A.08, is amended to read:

 

125A.08 INDIVIDUALIZED EDUCATION PROGRAMS.

 

(a) At the beginning of each school year, each school district shall have in effect, for each child with a disability, an individualized education program.

 

(b) As defined in this section, every district must ensure the following:

 

(1) all students with disabilities are provided the special instruction and services which are appropriate to their needs.  Where the individualized education program team has determined appropriate goals and objectives based on the student's needs, including the extent to which the student can be included in the least restrictive environment, and where there are essentially equivalent and effective instruction, related services, or assistive technology devices available to meet the student's needs, cost to the district may be among the factors considered by the team in


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choosing how to provide the appropriate services, instruction, or devices that are to be made part of the student's individualized education program.  The individualized education program team shall consider and may authorize services covered by medical assistance according to section 256B.0625, subdivision 26.  Before a school district evaluation team makes a determination of other health disability under Minnesota Rules, part 3525.1335, subparts 1 and 2, item A, subitem (1), the evaluation team must seek written documentation of the student's medically diagnosed chronic or acute health condition signed by a licensed physician or a licensed health care provider acting within the scope of the provider's practice.  The student's needs and the special education instruction and services to be provided must be agreed upon through the development of an individualized education program.  The program must address the student's need to develop skills to live and work as independently as possible within the community.  The individualized education program team must consider positive behavioral interventions, strategies, and supports that address behavior needs for children.  During grade 9, the program must address the student's needs for transition from secondary services to postsecondary education and training, employment, community participation, recreation, and leisure and home living.  In developing the program, districts must inform parents of the full range of transitional goals and related services that should be considered.  The program must include a statement of the needed transition services, including a statement of the interagency responsibilities or linkages or both before secondary services are concluded.  If the individualized education program meets the plan components in section 120B.125, the individualized education program satisfies the requirement and no additional transition plan is needed;

 

(2) children with a disability under age five and their families are provided special instruction and services appropriate to the child's level of functioning and needs;

 

(3) children with a disability and their parents or guardians are guaranteed procedural safeguards and the right to participate in decisions involving identification, assessment including assistive technology assessment, and educational placement of children with a disability;

 

(4) eligibility and needs of children with a disability are determined by an initial evaluation or reevaluation, which may be completed using existing data under United States Code, title 20, section 33, et seq.;

 

(5) to the maximum extent appropriate, children with a disability, including those in public or private institutions or other care facilities, are educated with children who are not disabled, and that special classes, separate schooling, or other removal of children with a disability from the regular educational environment occurs only when and to the extent that the nature or severity of the disability is such that education in regular classes with the use of supplementary services cannot be achieved satisfactorily;

 

(6) in accordance with recognized professional standards, testing and evaluation materials, and procedures used for the purposes of classification and placement of children with a disability are selected and administered so as not to be racially or culturally discriminatory; and

 

(7) the rights of the child are protected when the parents or guardians are not known or not available, or the child is a ward of the state.

 

(c) For all paraprofessionals employed to work in programs whose role in part is to provide direct support to students with disabilities, the school board in each district shall ensure that:

 

(1) before or beginning at the time of employment, each paraprofessional must develop sufficient knowledge and skills in emergency procedures, building orientation, roles and responsibilities, confidentiality, vulnerability, and reportability, among other things, to begin meeting the needs, especially disability-specific and behavioral needs, of the students with whom the paraprofessional works;


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(2) within five days of beginning to work alone with an individual student with a disability, the assigned paraprofessional must be either given paid time, or time during the school day, to review a student's individualized education program or be briefed on the student's specific needs by appropriate staff;

 

(2) (3) annual training opportunities are required to enable the paraprofessional to continue to further develop the knowledge and skills that are specific to the students with whom the paraprofessional works, including understanding disabilities, the unique and individual needs of each student according to the student's disability and how the disability affects the student's education and behavior, following lesson plans, and implementing follow-up instructional procedures and activities; and

 

(3) (4) a districtwide process obligates each paraprofessional to work under the ongoing direction of a licensed teacher and, where appropriate and possible, the supervision of a school nurse.

 

(d) A school district may conduct a functional behavior assessment as defined in Minnesota Rules, part 3525.0210, subpart 22, as a stand-alone evaluation without conducting a comprehensive evaluation of the student in accordance with prior written notice provisions in section 125A.091, subdivision 3a.  A parent or guardian may request that a school district conduct a comprehensive evaluation of the parent's or guardian's student.

 

Sec. 59.  INNOVATIVE INCUBATOR SERVICE-LEARNING GRANTS.

 

Subdivision 1.  Definitions.  (a) For the purposes of this section, the following terms have the meanings given.

 

(b) "Eligible school" means a school district or school site operated by a school district, charter school, or Tribal contract or grant school eligible for state aid under Minnesota Statutes, section 124D.83, or cooperative unit under Minnesota Statutes, section 123A.24, subdivision 2.

 

(c) "Eligible service-learning partnership" means a partnership that includes an eligible school and at least one community-based organization, community education program, state or federal agency, or political subdivision.  An eligible service-learning partnership may include other individuals or entities, such as a postsecondary faculty member or institution, parent, other community member, local business or business organization, or local media representative.  A school district member in an eligible service-learning partnership may participate in the partnership through a community education program established under Minnesota Statutes, section 124D.19.

 

Subd. 2.  Establishment; eligibility criteria; application requirements.  (a) A technical assistance and grant program is established to initiate or expand and strengthen innovative service-learning opportunities for students in kindergarten through grade 12; increase student engagement and academic achievement; help close the academic achievement gap and the community, college, and career opportunity gaps; and create a positive school climate and safer schools and communities.

 

(b) At least one teacher, administrator, or program staff member and at least one service-learning specialist, service-learning coordinator, curriculum specialist, or other qualified employee employed by an eligible school and designated to develop and share expertise in implementing service-learning best practices must work with students to form a student-adult partnership.  Before developing and submitting a grant application to the department, a participating student must work with at least one adult who is part of the initial partnership to identify a need or opportunity to pursue through a service-learning partnership and invite at least one partner to collaborate in developing and submitting a grant application.  The fiscal agent for the grant to an eligible service-learning partnership is an eligible school that is a member of the partnership or has a program that is a member of the partnership.


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(c) An eligible service-learning partnership receiving an innovation service-learning grant must:

 

(1) include at least two or more enrolled students; two or more school employees of an eligible school in accordance with paragraph (b); and an eligible community-based organization, community education program, state or federal agency, or political subdivision; and

 

(2) assist students to:

 

(i) actively participate in service-learning experiences that meet identified student and community needs or opportunities;

 

(ii) operate collaboratively with service-learning partnership members;

 

(iii) align service-learning experiences with at least one state or local academic standard, which may include a local career and technical education standard;

 

(iv) apply students' knowledge and skills in their community and help solve community problems or address community opportunities;

 

(v) foster students' civic engagement; and

 

(vi) explore or pursue career pathways and support career and college readiness.

 

(d) An eligible service-learning partnership interested in receiving a grant must apply to the commissioner of education in the form and manner determined by the commissioner.  The partnership must work with an eligible school.  Consistent with this subdivision, the application must describe the eligible service-learning partnership plan to:

 

(1) incorporate student-designed and student-led service-learning into the school curriculum or specific courses or across subject areas;

 

(2) provide students with instruction and experiences using service-learning best practices during the regular school day with an option to supplement their service-learning experiences outside of the school day;

 

(3) align service-learning experiences with at least one state or local academic standard, which may include a local career or technical education standard, and at least one goal of the world's best workforce in accordance with Minnesota Statutes, section 120B.11, or the state plan submitted and approved under the most recent reauthorization of the Elementary and Secondary Education Act;

 

(4) make implementing service-learning best practices an educational priority;

 

(5) provide student-designed, student-led service-learning experiences that help meet community needs or develop or advance community opportunities; and

 

(6) identify at least one eligible school teacher, administrator, or program staff member and at least one service‑learning specialist, service-learning coordinator, curriculum specialist, or other qualified eligible school employee designated to develop and share expertise in implementing service-learning best practices to work with students to form a student-adult partnership that includes at least one community-based organization, community education program, state or federal agency, or political subdivision.

 

Subd. 3.  Innovation grants.  The commissioner of education must award up to 32 grants of up to $50,000 each to allow eligible partnerships to provide student-designed, student-led service-learning opportunities consistent with this section.  Grant awards must be equitably distributed throughout Minnesota by congressional district.  The


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commissioner may designate start-up or leader grant categories with differentiated maximum grant dollar amounts up to $50,000.  A grantee designated as a leader grantee may be required to meet additional leader grant requirements as established by the commissioner in the grant application criteria developed by the commissioner.  In order to receive a grant, a partnership must provide a 50 percent match in funds or in-kind contributions unless the commissioner waives the match requirement for an applicant serving a high number of students whose families meet federal poverty guidelines.  A partnership grantee must allocate the grant amount according to its grant application.  The partnership must convey 50 percent of the actual grant amount to at least one community-based organization, community education program, state or federal agency, or political subdivision to help implement or defray the direct costs of carrying out the service-learning strategies and activities described in the partnership's grant application.

 

Subd. 4.  Report.  A grantee must report to the commissioner on the educational and developmental outcomes of participating students and the eligible school's progress toward meeting at least one goal of the world's best workforce goals in accordance with Minnesota Statutes, section 120B.11, or the state plan submitted and approved under the most recent reauthorization of the Elementary and Secondary Education Act.  A grantee must report on the community outcomes achieved through student service-learning experiences and the corresponding student service activities.  The commissioner must submit a report on participating student and community outcomes under this section to the legislative committees with jurisdiction over kindergarten through grade 12 education by February 15, 2025.

 

Sec. 60.  ETHNIC STUDIES WORKING GROUP.

 

Subdivision 1.  Working group established.  (a) The Ethnic Studies Working Group is established to advise the commissioner of education on an ethnic studies framework and resources necessary to implement ethnic studies requirements under Minnesota Statutes, section 120B.251.  The commissioner must appoint members of the working group by April 1, 2024, with input from the Minnesota Ethnic Studies Coalition.

 

(b) The Ethnic Studies Working Group must have 25 members with a demonstrated commitment to ethnic studies, as follows:

 

(1) five community members with a demonstrated commitment to ethnic studies or education about Minnesota's racial, ethnic, religious, national origin, gender, sexual orientation, or cultural diversity;

 

(2) four public school students in grades 11 and 12;

 

(3) three parents or guardians of public kindergarten through grade 12 students;

 

(4) three Minnesota-based, college-level faculty experts in ethnic studies;

 

(5) three ethnic studies high school teachers;

 

(6) four teachers with experience teaching ethnic studies to students in kindergarten to grade 8; and

 

(7) three school board members or school administrators.

 

(c) Demographics of the working group 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, disability status, and religious and linguistic background.


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Subd. 2.  Duties.  (a) The working group must review available ethnic studies instructional resources in order to:

 

(1) develop an ethnic studies framework with advisory guidelines for ethnic studies courses required under Minnesota Statutes, section 120B251;

 

(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 requirements and standards;

 

(4) identify or develop instructional resources that school districts and charter schools may use in accordance with Minnesota Statutes, section 120B.251; and

 

(5) complete other tasks the working group considers pertinent to supporting the ability of teachers and school district staff to facilitate the successful implementation of the ethnic studies requirements under Minnesota Statutes, section 120B.251.

 

(b) By October 31, 2024, the working group must provide the ethnic studies framework and other recommendations related to ethnic studies to the commissioner of education.

 

Subd. 3.  Meetings.  The working group must convene on at least a bimonthly basis and must hold the first meeting no later than May 1, 2024.

 

Subd. 4.  Administration.  The commissioner must provide meeting space and technical assistance for the working group.

 

EFFECTIVE DATE.  This section is effective the day following final enactment.

 

Sec. 61.  COMPUTER SCIENCE EDUCATION ADVANCEMENT PROGRAM.

 

Subdivision 1.  Definitions.  (a) "Computer science" means the study of computers and algorithmic processes, including their principles, their hardware and software designs, their implementation, and their impact on society.

 

(b) "Computer science courses and content" means courses at:

 

(1) elementary and middle schools that teach computer science as standalone implementations or embedded in other subjects; and

 

(2) high schools that teach computer science as standalone courses and focus on teaching students how to create new technologies.

 

(c) "High-quality computer science educator training" means activities that:

 

(1) clarify the conceptual foundations of computer science;

 

(2) teach research-based practices, including hands-on and inquiry-based learning;

 

(3) are primarily intended for existing teachers with or without prior exposure to computer science with options for advanced training for teachers; and


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(4) align to existing integrated computer science standards in Minnesota or nationally recognized standards, including the Computer Science Teachers' Association's kindergarten through grade 12 computer science education standards.

 

(d) "High-quality computer science professional learning providers" means institutions of higher education, nonprofits, other state-funded entities, or private entities that have successfully designed, implemented, and scaled high-quality computer science professional learning for teachers as defined in paragraph (c).

 

(e) "STEAM" means science, technology, engineering, arts, and mathematics.

 

Subd. 2.  Computer science education supervisor.  The Department of Education must employ a computer science supervisor dedicated to:

 

(1) the implementation of this section and the implementation of the computer science education strategic plan developed by the working group under subdivision 3;

 

(2) outreach to districts that need additional supports to create or advance their computer science programs; and

 

(3) supporting districts in using existing and available resources for districts to create and advance their computer science programs.

 

Subd. 3.  Computer science working group.  (a) The Department of Education shall establish a computer science education working group to develop a state strategic plan for long-term and sustained growth of computer science education in all kindergarten through grade 12 school districts and charter schools.  The commissioner of education must appoint members of the working group by October 1, 2023.

 

(b) Demographics of the working group must be inclusive and represent the diversity of the state, including but not limited to racial, ethnic, and geographic diversity, and diversity related to gender and sexual orientation.

 

(c) Meetings of the advisory committee are subject to the Open Meeting Law under Minnesota Statutes, chapter 13D.

 

(d) The computer science education advisory committee shall consist of the following members:

 

(1) the commissioner of education or the commissioner's designee;

 

(2) the commissioner of higher education or the commissioner's designee;

 

(3) one representative of the Professional Educator Licensing and Standards Board;

 

(4) one representative of the Computer Science Teachers Association of Minnesota;

 

(5) one representative from the business community employing computer scientists or technologists;

 

(6) one representative from the Minnesota Technology Association;

 

(7) one representative from a nonprofit organization working with students and teachers in computer science;

 

(8) one representative from the Minnesota Association of School Administrators;

 

(9) one representative from Education Minnesota;


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(10) one representative from the Minnesota Association of Colleges for Teacher Education;

 

(11) one representative from CSforAll Minnesota;

 

(12) one licensed library media specialist;

 

(13) one representative from the Minnesota School Boards Association;

 

(14) one representative from SciMathMN;

 

(15) one representative from the Tribal Nations Education Committee;

 

(16) one high school student enrolled in a school with fewer than 1,000 students and one high school student enrolled in a school with more than 1,000 students; and

 

(17) four computer science teachers that teach at schools of different sizes, including at least one teacher of students in kindergarten to grade 5, one teacher of students in grades 6 to 8, and one teacher of students in grades 9 to 12, and one career and technical education teacher.

 

(e) The computer science education working group shall develop a state strategic plan for a statewide computer science education program that includes but is not limited to:

 

(1) a statement of purpose that describes the objectives or goals the Department of Education will accomplish by implementing a computer science education program, the strategies by which those goals will be achieved, and a timeline for achieving those goals;

 

(2) a summary of the current state landscape for kindergarten through grade 12 computer science education, including diversity of students taking these courses;

 

(3) the creation or expansion of flexible options to license computer science teachers, which may include approval codes, technical permits, ancillary licenses, and standard licenses;

 

(4) a description of how the state will support the expansion of computer science education opportunities in every public school and public charter school in the state within five years, with a focus on ensuring equitable access;

 

(5) identifying high-quality computer science professional learning providers for teachers;

 

(6) an ongoing evaluation process that is overseen by the Department of Education;

 

(7) proposed rules that incorporate the principles of the state strategic plan into the state's public education system as a whole;

 

(8) recommendations for long-term expansion and sustainability of computer science education, including:

 

(i) implementation of a requirement that every kindergarten through grade 12 public school and public charter school employs at least one certified or endorsed computer science teacher, which may be met through multiple approved processes for certification and endorsement, including but not limited to endorsing a certified teacher as determined by the Professional Educator Licensing and Standards Board endorsed in another subject area;

 

(ii) expansion of a high school credit equivalency for computer science;


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(iii) the development of standalone kindergarten through grade 12 standards for computer science; and

 

(iv) training preservice teachers in computer science education; and

 

(9) a description of existing gaps in computer science education access, participation, and success by geography and subgroup of students and a description of how to equitably address these gaps.

 

(f) By February 29, 2024, the Department of Education shall publish the proposed state strategic plan for public feedback.

 

(g) By March 22, 2024, the Department of Education shall present the adopted state strategic plan described in paragraph (c) to the chairs of the legislative committees with jurisdiction over education.

 

(h) The commissioner of education, or the commissioner of education's designee, may approve updates and changes to the state strategic plan described in paragraph (c) as necessary for the successful implementation of kindergarten through grade 12 computer science education.

 

(i) The Department of Education shall update the legislative committees with jurisdiction over education on all changes to the strategic plan described in paragraph (c) approved by the commissioner of education's designee since the last presentation to each respective entity.

 

Subd. 4.  Computer science educator training and capacity building.  (a) The Department of Education shall develop and implement, or award grants or subcontract with eligible entities, for the development and implementation of high-quality, coordinated teacher recruitment and educator training programs for computer science courses and content as defined in subdivision 1 and aligned to the state strategic plan as developed under subdivision 3.

 

(b) For the purposes of this subdivision, eligible entities include:

 

(1) a consortium of local educational agencies in the state; and

 

(2) high-quality computer science professional learning providers, including institutions of higher education in the state that are reasonably accessible geographically to all Minnesota educators, nonprofits, other state-funded entities, or private entities working in partnership with a consortium of local educational agencies.

 

(c) For purposes of this subdivision, eligible uses of funding include:

 

(1) high-quality professional learning opportunities for kindergarten through grade 12 computer science content that:

 

(i) are created and delivered in a consistent manner across the state;

 

(ii) are made available with no out-of-pocket expenses to educators, including teachers, counselors, administrators, and other district employees as approved by the Department of Education, schools, and school districts;

 

(iii) are made available asynchronously online, in person, and online or hybrid as determined appropriate by the Department of Education; and

 

(iv) include introductory, intermediate, and advanced trainings aligned to the kindergarten through grade 12 academic standards or, as necessary, other standards approved by the Department of Education, specified for each of the grade bands kindergarten through grade 2, grades 3 to 5, grades 6 to 8, and grades 9 to 12;


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(2) professional learning opportunities for educators of students in grades 9 to 12 that may include trainings for advanced placement, international baccalaureate, and concurrent enrollment credit computer science courses;

 

(3) travel expenses for kindergarten through grade 12 computer science teachers:

 

(i) for attending training opportunities under clauses (1) and (2); and

 

(ii) deemed appropriate and approved by the commissioner of education, or the commissioner of education's designee;

 

(4) any future credentialing for kindergarten through grade 12 computer science teachers, including Career and Technical Education and academic endorsements;

 

(5) supports for kindergarten through grade 12 computer science professional learning, including mentoring and coaching;

 

(6) creation and deployment of resources to promote training opportunities and recruitment of kindergarten through grade 12 computer science teachers;

 

(7) creation or purchase of resources to support implementation approved by the commissioner of education, or the commissioner of education's designee;

 

(8) creation and deployment of resources to promote learning opportunities or recruit students to engage in the learning opportunities;

 

(9) development of teacher credentialing programs;

 

(10) planning for districts to implement or expand computer science education opportunities; and

 

(11) employment, or grant for employment, of personnel or contractors to oversee the statewide initiative, develop programs and trainings, and deliver training opportunities under clause (1).

 

(d) As a condition of receiving any funding through grants or subcontracts, eligible entities must submit an application to the Department of Education.  The application must, at a minimum, address how the entity will:

 

(1) reach new and existing teachers with little to no computer science background;

 

(2) attract and support educators from schools that currently do not have established computer science education programs;

 

(3) use research- or evidence-based practices for high-quality professional development;

 

(4) focus the professional learning on the conceptual foundations of computer science;

 

(5) reach and support subgroups underrepresented in computer science;

 

(6) provide teachers with concrete experience through hands-on, inquiry-based practices;

 

(7) accommodate the particular teacher and student needs in each district and school; and


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(8) ensure that participating districts begin offering courses or content within the same or subsequent school year after the teacher receives the professional learning.

 

(e) The Department of Education shall prioritize the following applications:

 

(1) consortiums of local educational agencies that are working in partnership with providers of high-quality professional learning for kindergarten through grade 12 computer science;

 

(2) proposals that describe strategies to increase enrollment overall, including but not limited to subgroups of students that are traditionally underrepresented in computer science; and

 

(3) proposals from rural or urban areas with a low penetration of kindergarten through grade 12 computer science offerings, including local education consortiums within these areas.

 

(f) The award recipient shall report, for all funding received under this section annually, at a minimum:

 

(1) the number of teachers:

 

(i) trained within each elementary, middle, and high school; and

 

(ii) trained within trainings offered as outlined in paragraph (c), clause (1), item (iv);

 

(2) the number of trainings offered in advanced placement, international baccalaureate, and concurrent enrollment credit computer science courses; and

 

(3) the number of teachers, and percentage of teachers trained, that started implementing computer science courses limited to middle and high school implementation.

 

(g) The Department of Education shall make these reports public.  The publicly released data shall not include student-level personally identifiable information.

 

Subd. 5.  Teacher preparation.  On and after July 1, 2027, any program of teacher preparation leading to professional certification shall include, as part of the curriculum, instruction in computer science as applied to student learning and classroom instruction that are grade-level and subject-area appropriate.

 

Subd. 6.  Computer science education data collection.  (a) The Department of Education shall require all high schools to report data and information about computer science course offerings and enrollment.

 

(b) The Department of Education shall develop a plan for the secure and regular reporting of computer science course offerings and enrollment data from schools with kindergarten to grade 8 bands within 90 days of enactment of this act.

 

(c) Data collected in processes described in paragraphs (a) and (b) should be disaggregated by gender, race, ethnicity, free and reduced-price lunch status, Individuals with Disabilities Education Act status, 504 status, and English language learner status.

 

Subd. 7.  Adoption of rules.  The Department of Education and Professional Educator Standards and Licensing Board may adopt rules under this section, including rules for flexible options to license computer science teachers, approval codes, technical permits, ancillary licenses, and standard licenses.


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Sec. 62.  PILOT PROGRAM TO IMPROVE EDUCATIONAL OUTCOMES AND ACCOUNTABILITY.

 

Subdivision 1.  Program goal.  (a) A pilot program is established to support Pillsbury United Communities in developing a framework to evaluate school performance in improving educational outcomes for students.  Participation in the pilot program is limited to up to eight high schools within the group of charter schools authorized by Pillsbury United Communities that apply to participate in the pilot program.  The framework must:

 

(1) establish goals for each participating school based on engagement with students, families, and community leaders;

 

(2) support schools in continuing improvement efforts; and

 

(3) use data to measure performance of students beyond tests scores, graduation rates, and the world's best workforce goals.

 

(b) The performance measures under Minnesota Statutes, section 120B.11, subdivision 1a, do not apply to a school participating in the pilot program, and participating schools are not required to submit reports under Minnesota Statutes, section 120B.11, to the Department of Education while the school is participating in the pilot program.  A school participating in the pilot must continue to administer the Minnesota Comprehensive Assessments in accordance with Minnesota Statutes, section 120B.30.

 

(c) School goals established under the framework may include, but are not limited to:

 

(1) student attendance or engagement with coursework;

 

(2) reading or math growth as measured by a locally adopted assessment;

 

(3) participation in college-level coursework or an industry-recognized program;

 

(4) student participation in community engagement activities;

 

(5) family participation in conferences with teachers; and

 

(6) school board completion of training to improve governance.

 

Subd. 2.  Performance measures.  For each school in the pilot program, the equity-focused framework must:

 

(1) measure total enrollment, including the percentage of enrolled students disaggregated by characteristics of race and ethnicity, gender, age, economic disadvantage, disability, homelessness, number of schools attended, foster-system involvement, or other categories required by the department;

 

(2) describe basic needs support provided by the school to students, family members, and community members;

 

(3) measure the number of students who receive support of the following types of social-emotional and mental health support:  (i) individual meetings with licensed mental health professionals; (ii) peer support groups; (iii) referrals to community resources; and (iv) other social-emotional and mental health services provided by the school;

 

(4) describe flexible, personalized, and innovative instruction provided by the school;

 

(5) describe culturally and real-life relevant curriculum provided by the school, including students learning about the experiences of People of Color through a contextually accurate history of Minnesota's Indigenous people;


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(6) measure the number and percentage of students provided opportunities for student identity development, including cultural identity;

 

(7) measure the number and percentage of students provided opportunities for student career exploration and preparation;

 

(8) measure the number and percentage of students participating in at least one extracurricular activity;

 

(9) measure the number of restorative-justice interventions and the number of suspensions and expulsions per school;

 

(10) describe family engagement practices by the school;

 

(11) describe community engagement practices by the school; and

 

(12) describe teacher and staff training about antiracism, anti-bias, or equity, and the average weekly time provided for teacher collaboration.

 

Subd. 3.  Report.  By September 1, 2025, Pillsbury United Communities must report to the legislative committees with jurisdiction over kindergarten through grade 12 education data on school and student performance measurements based on the goals established for each participating school.  The report must identify the percentage of each goal that each school attained.

 

EFFECTIVE DATE.  This section is effective July 1, 2023.

 

Sec. 63.  WORKING GROUP ON EDUCATION ON THE HOLOCAUST, GENOCIDE OF INDIGENOUS PEOPLES, AND OTHER GENOCIDES.

 

Subdivision 1.  Working group established.  (a) The Working Group on Education on the Holocaust, Genocide of Indigenous Peoples, and Other Genocides is established to advise the commissioner of education and develop resources necessary to implement requirements for education on the Holocaust, genocide of Indigenous Peoples, and other genocides.  The commissioner must appoint members of the working group by April 1, 2024, based on the guidance and recommendations from the cochairs of the working group.

 

(b) The Working Group on Education on the Holocaust, Genocide of Indigenous Peoples, and Other Genocides must have a minimum of 12 members, but no more than 21 members, consisting of the following members:

 

(1) at least one representative, who shall cochair the working group, from the Center for Holocaust and Genocide Studies;

 

(2) at least one representative, who shall cochair the working group, with expertise in training middle and high school teachers in Holocaust and other genocide education;

 

(3) at least one representative from the Tribal Nations Education Committee;

 

(4) at least one representative from a Minnesota college or university with academic expertise in the genocide of Indigenous Peoples in Minnesota or in the Americas and throughout the world;

 

(5) at least one additional representative from a Minnesota college or university other than the Center for Holocaust and Genocide Studies with academic expertise in the Holocaust and genocide studies;


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(6) at least one representative from a Minnesota teacher licensure program with expertise in the Holocaust, genocide of Indigenous Peoples, and other genocide studies;

 

(7) at least three representatives from Minnesota-based nonprofit organizations, community groups, sovereign nations, or institutions of higher education whose missions include educating about and honoring the victims and survivors of displacement, genocide, and mass violence;

 

(8) at least one public middle or high school social studies teacher with experience teaching the Holocaust, genocide of Indigenous Peoples, or other genocides in the classroom;

 

(9) at least one public middle or high school English language arts teacher with experience teaching the Holocaust, genocide of Indigenous Peoples, or other genocides in the classroom; and

 

(10) at least one public middle or high school student with a demonstrated interest in learning about the Holocaust, genocide of Indigenous Peoples, or other genocides.

 

(c) At the discretion of the commissioner and in consultation with the working group cochairs, the working group may include additional experts in the fields of Holocaust and genocide studies, genocide of Indigenous Peoples or other genocides, Minnesota history, social studies education, or English language arts education, and community members with a particular interest in education on the Holocaust, genocide of Indigenous Peoples, and other genocides.

 

Subd. 2.  Working group duties.  (a) The working group must:

 

(1) advise the commissioner during the development of the social studies glossary regarding the definitions of "Holocaust," "genocide," and "incidents of mass violence";

 

(2) identify professional learning opportunities for teachers and public school district staff, including opportunities for continuing education to facilitate implementation of education requirements under Minnesota Statutes, section 120B.252;

 

(3) identify training materials, strategies, skills, content, and resources for teachers and public school district staff to successfully implement the education requirements under Minnesota Statutes, section 120B.252;

 

(4) develop model lesson plans that teachers and public school district staff may use to successfully implement the education requirements under Minnesota Statutes, section 120B.252;

 

(5) create a work plan that outlines the timeline to fulfill the duties of the working group under this subdivision;

 

(6) provide to the commissioner of education a list of recommended professional learning opportunities, resources, strategies, skills, content, model lesson plans, and other materials developed under this subdivision by May 1, 2025;

 

(7) coordinate with the commissioner to update the material and resources.  The commissioner must make all reasonable efforts to make the recommended materials publicly available on the department's website by September 1, 2025, and in coordination with the working group, must update the materials and resources; and

 

(8) by November 15, 2025, submit to the chairs and ranking minority members of the committees of the senate and the house of representatives with primary jurisdiction over kindergarten through grade 12 education policy and finance a report containing a list of resources and materials provided to the commissioner of education for the commissioner to make available to public school districts implementing requirements for education on the Holocaust, genocide of Indigenous Peoples, and other genocides.


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(b) The working group may:

 

(1) conduct a survey of the current state of education on the Holocaust, genocide of Indigenous Peoples, and other genocides in Minnesota public school districts with a focus on teacher preparedness, access and utilization of resources, and additional surveys of the state of education on the Holocaust, genocide of Indigenous Peoples, and other genocides following the conclusion of the 2024-2025 school year;

 

(2) carry out any other tasks that it considers pertinent to support the ability of teachers and public school district staff to facilitate the successful implementation of education requirements under Minnesota Statutes, section 120B.252; and

 

(3) apply for and accept grants and receive gifts, donations, and other financial support from private sources for the purposes of carrying out its work under this section.

 

Subd. 3.  Working group meetings.  The working group must convene on at least a bimonthly basis and must hold the first meeting no later than September 1, 2024.

 

Subd. 4.  Administration.  The commissioner must provide meeting space and technical assistance for the working group.

 

Subd. 5.  Expiration.  This section expires November 15, 2025, or the date upon which the working group report required under subdivision 2 is submitted to the legislature, whichever is later.

 

EFFECTIVE DATE.  This section is effective July 1, 2023.

 

Sec. 64.  APPROPRIATIONS.

 

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.  Achievement and integration aid.  (a) For achievement and integration aid under Minnesota Statutes, section 124D.862:

 

 

 

$83,330,000

. . . . .

2024

 

 

$84,232,000

. . . . .

2025

 

(b) The 2024 appropriation includes $8,172,000 for 2023 and $75,158,000 for 2024.

 

(c) The 2025 appropriation includes $8,350,000 for 2024 and $75,882,000 for 2025.

 

Subd. 3.  Alliance of Chicanos, Hispanics, and Latin Americans.  (a) For a grant to the Alliance of Chicanos, Hispanics, and Latin Americans (ACHLA) for the Juntos Club to support English language learners, low-income students, migrant students, and Latinx students with improving English and math proficiency:

 

 

 

$300,000

. . . . .

2024

 

 

$200,000

. . . . .

2025

 

(b) The base for fiscal year 2026 and later is $0.


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Subd. 4.  Alternative programs.  (a) For a grant to the Minnesota Association of Alternative Programs STARS (Success, Teamwork, Achievement, Recognition, and Self-Esteem) program to help students in alternative programs develop employment, academic, and social skills and support student participation in trainings and conferences:

 

 

 

$50,000

. . . . .

2024

 

(b) Up to three percent of the appropriation is available for grant administration.

 

Subd. 5.  BARR Center.  (a) For grants to the Building Assets, Reducing Risks (BARR) Center, to deliver an evidence-based, research-validated program to schools:

 

 

 

$5,000,000

. . . . .

2024

 

(b) Consistent with Minnesota Statutes, section 127A.20, the BARR Center must apply for the grants in the form and manner specified by the commissioner of education.  The BARR Center must deliver an evidence-based, research-validated program that provides school coaching support, professional development, and curriculum and resources over a three-year period to each qualifying school site.

 

(c) The BARR Center must select at least 18 schools to participate in the program.  The schools must be geographically balanced among urban, suburban, and rural schools, and serve high concentrations of students in poverty or high concentrations of underrepresented students, including students who are from Black, Indigenous, and People of Color communities.

 

(d) The grants to the BARR Center must be directed toward:

 

(1) improving student social and emotional skills and engagement in school;

 

(2) increasing opportunity and academic achievement for students of color and those experiencing poverty;

 

(3) improving teacher satisfaction and effectiveness; and

 

(4) increasing the number of students who earn a high school diploma. 

 

(e) Up to three percent of the appropriation is available for grant administration.

 

(f) This is a onetime appropriation and is available until June 30, 2026.

 

Subd. 6.  Charter school building lease aid.  (a) For building lease aid under Minnesota Statutes, section 124E.22:

 

 

 

$94,320,000

. . . . .

2024

 

 

$98,166,000

. . . . .

2025

 

(b) The 2024 appropriation includes $9,047,000 for 2023 and $85,273,000 for 2024.

 

(c) The 2025 appropriation includes $9,474,000 for 2024 and $88,692,000 for 2025.

 

Subd. 7.  College entrance examination reimbursement.  (a) To reimburse districts for the costs of college entrance examination fees for students who are eligible for free or reduced-price meals who take the ACT or SAT test under Minnesota Statutes, section 120B.30, subdivision 1, paragraph (e):

 

 

 

$1,011,000

. . . . .

2024

 

 

$1,011,000

. . . . .

2025


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(b) Any balance in the first year does not cancel but is available in the second year.

 

Subd. 8.  COMPASS and MTSS.  (a) To support the development and implementation of the MTSS framework and the Collaborative Minnesota Partnerships to Advance Student Success (COMPASS) school improvement model:

 

 

 

$13,500,000

. . . . .

2024

 

 

$13,500,000

. . . . .

2025

 

(b) Of this amount, $5,000,000 each year is to support implementation of MTSS and COMPASS.  Funds must be used to support increased capacity at the Department of Education and the Minnesota Service Cooperatives for implementation supports.

 

(c) Of this amount, $5,000,000 each year 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 MTSS, including:  hiring local MTSS coordinators; deferring costs for personnel to participate in cohort activities and professional learning; and piloting a Department of Education One Plan, the consolidation of multiple reporting structures to streamline various applications, reports, and submissions by school districts and charter schools.  Up to five percent of this amount is available for program and grant administration.

 

(d) Of this amount, $3,000,000 each year must be used to develop a regional network focusing on mathematics to provide dedicated mathematics trainers and coaches to train regional support staff from the Minnesota Service Cooperatives to support school leaders and teachers to implement evidence-based instructional strategies in mathematics.  Funds may also be used to host an annual Mathematics Standards-Based Instructional Institute.

 

(e) Of this amount, $500,000 each year is for the University of Minnesota Center for Applied Research and Educational Improvement to support implementation and evaluation of the MTSS framework.

 

(f) Support for school districts, charter schools, and cooperative units under this subdivision may include but is not limited to:

 

(1) partnering with the Minnesota Service Cooperatives to support districts in implementing COMPASS to support schools in the areas of literacy, math, social-emotional learning, and mental health using the MTSS framework;

 

(2) providing support to districts and charter schools identified under Minnesota Statutes, section 120B.11;

 

(3) providing support to districts and charter schools in streamlining various applications, reports, and submissions to the Department of Education through One Plan;

 

(4) providing training, guidance, and implementation resources for MTSS, 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;

 

(5) providing guidance to convene school-based teams to analyze data provided by screenings and resources for related identification, instruction, and intervention methods;

 

(6) dyslexia screening and intervention that are evidence-based;

 

(7) requiring school districts and charter schools to provide parents of students identified in screenings with notice of screening findings and related support information;


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(8) requiring districts and charter schools to provide at-risk students with interventions and to monitor the effectiveness of these interventions and student progress; and

 

(9) developing and annually reporting findings regarding the implementation of MTSS.

 

(g) Any balance in the first year does not cancel but is available in the second year.

 

Subd. 9.  Computer science education advancement.  (a) For computer science advancement:

 

 

 

$500,000

. . . . .

2024

 

 

$500,000

. . . . .

2025

 

(b) Of this amount, $150,000 is for the computer science supervisor.

 

(c) Eligible uses of the appropriation include expenses related to the implementation of article 2, section 61, and expenses related to the development, advancement, and promotion of kindergarten through grade 12 computer science education.

 

(d) Any balance in the first year does not cancel and is available in the second year.

 

Subd. 10.  Concurrent enrollment aid.  (a) For concurrent enrollment aid under Minnesota Statutes, section 124D.091:

 

 

 

$4,000,000

. . . . .

2024

 

 

$4,000,000

. . . . .

2025

 

(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.

 

Subd. 11.  Early childhood literacy programs.  (a) For early childhood literacy programs under Minnesota Statutes, section 119A.50, subdivision 3:

 

 

 

$7,950,000

. . . . .

2024

 

 

$7,950,000

. . . . .

2025

 

(b) Up to $7,950,000 each year is for leveraging federal and private funding to support AmeriCorps members serving in the Minnesota reading corps program established by ServeMinnesota, including costs associated with training and teaching early literacy skills to children ages three through grade 3 and evaluating the impact of the program under Minnesota Statutes, sections 124D.38, subdivision 2, and 124D.42, subdivision 6.

 

(c) Any balance in the first year does not cancel but is available in the second year.

 

Subd. 12.  Educational outcomes and accountability pilot program.  (a) For a grant to Pillsbury United Communities to implement a framework to improve educational outcomes and accountability in accordance with article 2, section 62:

 

 

 

$150,000

. . . . .

2024

 

 

$150,000

. . . . .

2025

 

(b) The department may retain up to five percent of the appropriation to administer the grant.


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(c) This is a onetime appropriation.

 

(d) The appropriation is available until June 30, 2026.

 

Subd. 13.  Ethnic studies community consultation.  To consult with community members throughout Minnesota on the development of ethnic studies curricula, resources, and implementation support:

 

 

 

$150,000

. . . . .

2024

 

 

$150,000

. . . . .

2025

 

Subd. 14.  Ethnic studies school grants.  (a) For competitive grants to school districts and charter schools to develop, evaluate, and implement ethnic studies courses:

 

 

 

$700,000

. . . . .

2024

 

 

$700,000

. . . . .

2025

 

(b) The commissioner must consult with the Ethnic Studies Working Group to develop criteria for the grants.

 

(c) Up to five percent of the appropriation is available for grant administration.

 

Subd. 15.  Examination fees; teacher training and support programs.  (a) For students' advanced placement and international baccalaureate examination fees under Minnesota Statutes, section 120B.13, subdivision 3, and the training and related costs for teachers and other interested educators under Minnesota Statutes, section 120B.13, subdivision 1:

 

 

 

$4,500,000

. . . . .

2024

 

 

$4,500,000

. . . . .

2025

 

(b) The advanced placement program shall receive 75 percent of the appropriation each year and the international baccalaureate program shall receive 25 percent of the appropriation each year.  The department, in consultation with representatives of the advanced placement and international baccalaureate programs selected by the Advanced Placement Advisory Council and International Baccalaureate Minnesota, respectively, shall determine the amounts of the expenditures each year for examination fees and training and support programs for each program.

 

(c) Notwithstanding Minnesota Statutes, section 120B.13, subdivision 1, at least $500,000 each year is for teachers to attend subject matter summer training programs and follow-up support workshops approved by the advanced placement or international baccalaureate programs.  The amount of the subsidy for each teacher attending an advanced placement or international baccalaureate summer training program or workshop shall be the same.  The commissioner shall determine the payment process and the amount of the subsidy.

 

(d) The commissioner shall pay all examination fees for all students of low-income families under Minnesota Statutes, section 120B.13, subdivision 3, and to the extent of available appropriations, shall also pay examination fees for students sitting for an advanced placement examination, international baccalaureate examination, or both.

 

(e) Any balance in the first year does not cancel but is available in the second year.

 

Subd. 16.  Full-service community schools.  (a) For grants to plan or expand the full-service community schools program under Minnesota Statutes, section 124D.231:

 

 

 

$7,500,000

. . . . .

2024

 

 

$7,500,000

. . . . .

2025


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(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) Up to two percent of the appropriation is available for grant administration.

 

(d) The base for fiscal year 2026 and later is $5,000,000.

 

Subd. 17.  Girls Taking Action.  (a) For a grant to the Girls Taking Action program to enable Girls Taking Action to continue to provide and expand metropolitan-area school and community-based programs that encourage and support low-income girls of color:

 

 

 

$1,500,000

. . . . .

2024

 

(b) Of the appropriated funds, $1,000,000 must be used to sustain 16 current Girls Taking Action program sites, and to expand to an additional four sites in inner-ring suburban communities with growing ethnic diversity among students.

 

(c) Of the appropriated funds, $500,000 must be used to sustain three community-based Girls Taking Action programs for Asian, East African, and Latina girls in Hennepin, Ramsey, and Dakota Counties, and to expand an additional two community-based programs in these counties to reach Native American and African American girls.

 

(d) Girls Taking Action programs supported by these funds must include programs focused on:

 

(1) increasing academic performance, high school graduation rates, and enrollment in postsecondary education for girls faced with social, demographic, racial, and economic barriers and challenges;

 

(2) increasing mentoring opportunities, literacy, career development, positive community engagement, and the number of qualified female employees of color in the workforce pipeline, particularly in science, technology, engineering, and mathematics fields;

 

(3) providing coaching, mentoring, health and wellness counseling, resources to girls whose experience with sexual assault has negatively impacted their academics and behavior, and culturally sensitive therapy resources and counseling services to sexual assault victims; and

 

(4) increasing financial literacy and knowledge of options for financing college or postsecondary education.

 

(e) Up to three percent of the appropriation is available for grant administration.

 

(f) This is a onetime appropriation.  Any balance in the first year does not cancel but is available in the second year.

 

Subd. 18.  Grants to increase science, technology, engineering, and math course offerings.  (a) For grants to schools to encourage low-income and other underserved students to participate in advanced placement and international baccalaureate programs according to Minnesota Statutes, section 120B.132:

 

 

 

$250,000

. . . . .

2024

 

 

$250,000

. . . . .

2025


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(b) To the extent practicable, the commissioner must distribute grant funds equitably among geographic areas in the state, including schools located in greater Minnesota and in the seven-county metropolitan area.

 

(c) Any balance in the first year does not cancel but is available in the second year.

 

Subd. 19.  Implementation of education on the Holocaust, genocide of Indigenous Peoples, and other genocides.  For implementation of requirements for education on the Holocaust, genocide of Indigenous Peoples, and other genocides under Minnesota Statutes, section 120B.252:

 

 

 

$75,000

. . . . .

2024

 

 

$75,000

. . . . .

2025

 

Subd. 20.  Innovation service learning grants.  (a) For innovative service-learning grants under article 2, section 59:

 

 

 

$1,000,000

. . . . .

2024

 

 

$0

. . . . .

2025

 

(b) Any balance in the first year does not cancel but is available in the second year.

 

(c) The base for fiscal year 2026 and later is $0.

 

Subd. 21.  Interdistrict desegregation or integration transportation grants.  For interdistrict desegregation or integration transportation grants under Minnesota Statutes, section 124D.87:

 

 

 

$14,992,000

. . . . .

2024

 

 

$16,609,000

. . . . .

2025

 

Subd. 22.  Junior Achievement North.  (a) For a grant to Junior Achievement North to expand access to its financial literacy programming for elementary and secondary students:

 

 

 

$500,000

. . . . .

2024

 

 

$500,000

. . . . .

2025

 

(b) The grant awarded under this section must be consistent with the procedures for evidence-based education grants under Minnesota Statutes, section 127A.20.

 

(c) Junior Achievement North must use the grant proceeds to expand the number of students who participate in Junior Achievement North's financial literacy programs, career readiness programs, and entrepreneurship programs with a focus on expanding opportunities for underserved students.  To the extent practicable, programming must be provided in an equitable manner to students in greater Minnesota.

 

(d) In addition to other reporting requirements, and subject to Minnesota Statutes, section 3.195, by February 1 of each year Junior Achievement North receives an appropriation, Junior Achievement North must report to the chairs and ranking minority members of the legislative committees with jurisdiction over education on activities funded by this appropriation.  The report must include but is not limited to:  information about the operations of Junior Achievement North, including its most recent audit; a description of the financial literacy, career readiness, and entrepreneurship programs offered during the year; participation and demographic information about the students and schools served by the program; and a description of partnerships with other financial literacy organizations.

 

(e) The base for fiscal year 2026 and later is $0.


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Subd. 23.  Literacy incentive aid.  (a) For literacy incentive aid under Minnesota Statutes, section 124D.98:

 

 

 

$42,234,000

. . . . .

2024

 

 

$42,502,000

. . . . .

2025

 

(b) The 2024 appropriation includes $4,606,000 for 2023 and $37,628,000 for 2024.

 

(c) The 2025 appropriation includes $4,180,000 for 2024 and $38,322,000 for 2025.

 

Subd. 24.  Minnesota Alliance of Boys and Girls Clubs.  (a) For a grant to the Minnesota Alliance of Boys and Girls Clubs to support the establishment and expansion of Boys and Girls Clubs in Minnesota beyond existing service areas to support after-school and summer programming that address learning loss:

 

 

 

$2,500,000

. . . . .

2024

 

 

$2,500,000

. . . . .

2025

 

(b) The grant recipient must take into consideration multiple factors, including need, feasibility, and community engagement when determining where to establish and expand Boys and Girls Clubs programming.  Need may be analyzed using available data from the department.  Feasibility must be determined by proximity to supporting organizations, staffing capabilities, and access to adequate facilities.  The grant recipient must take into consideration community engagement and interest in programming as important elements for the desired sustainability of programming beyond the project's funding period.

 

(c) To receive a grant under this section, the Minnesota Alliance of Boys and Girls Clubs must receive a 25 percent match from nonstate funds.

 

(d) Up to three percent of the appropriation is available for grant administration.

 

(e) This is a onetime appropriation.

 

Subd. 25.  Minnesota Center for the Book programming.  (a) For grants to the entity designated by the Library of Congress as the Minnesota Center for the Book to provide statewide programming related to the Minnesota Book Awards and for additional programming throughout the state related to the Center for the Book designation:

 

 

 

$200,000

. . . . .

2024

 

 

$200,000

. . . . .

2025

 

(b) Up to three percent of the appropriation is available for grant administration.

 

Subd. 26.  Minnesota Council on Economic Education.  (a) For a grant to the Minnesota Council on Economic Education:

 

 

 

$200,000

. . . . .

2024

 

 

$200,000

. . . . .

2025

 

(b) The grant must be used to:

 

(1) provide professional development to kindergarten through grade 12 teachers implementing state graduation standards in learning areas related to economic education; and


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(2) support the direct-to-student ancillary economic and personal finance programs that teachers supervise and coach.

 

(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 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.  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 summaries 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 for which the grant is appropriated.  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) Any balance in the first year does not cancel but is available in the second year.

 

(f) The base for fiscal year 2026 and later is $0.

 

Subd. 27.  Minnesota Independence College and Community.  (a) For transfer to the Office of Higher Education for grants to Minnesota Independence College and Community for tuition reduction and institutional support:

 

 

 

$625,000

. . . . .

2024

 

 

$625,000

. . . . .

2025

 

(b) Any balance in the first year does not cancel but is available in the second year.

 

(c) By January 15 of each year, Minnesota Independence College and Community must submit a report detailing expenditures, activities, and outcomes to the commissioner and the chairs and ranking minority members of the legislative committees with primary jurisdiction over kindergarten through grade 12 education.

 

Subd. 28.  Minnesota math corps.  (a) For the Minnesota math corps program under Minnesota Statutes, section 124D.42, subdivision 9:

 

 

 

$1,000,000

. . . . .

2024

 

 

$1,000,000

. . . . .

2025

 

(b) Any balance in the first year does not cancel but is available in the second year.

 

Subd. 29.  Minnesota Principals Academy.  (a) For grants to the University of Minnesota College of Education and Human Development for the operation of the Minnesota Principals Academy:

 

 

 

$200,000

. . . . .

2024

 

 

$200,000

. . . . .

2025

 

(b) Of these amounts, $50,000 must be used to pay the costs of attendance for principals and school leaders from schools identified for intervention under the state's accountability system as implemented to comply with the federal Every Student Succeeds Act.  To the extent funds are available, the Department of Education is encouraged to use up to $200,000 of federal Title II funds to support additional participation in the Principals Academy by principals and school leaders from schools identified for intervention under the state's accountability system as implemented to comply with the federal Every Student Succeeds Act.


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(c) Any balance in the first year does not cancel but is available in the second year.

 

Subd. 30.  Museums and education centers.  (a) For grants to museums and education centers:

 

 

 

$1,241,000

. . . . .

2024

 

 

$1,241,000

. . . . .

2025

 

(b) $500,000 each year is for the Minnesota Children's Museum.

 

(c) $50,000 each year is for the Children's Museum of Rochester.

 

(d) $41,000 each year is for the Minnesota Academy of Science.

 

(e) $100,000 each year is for The Bakken Museum, Minneapolis.

 

(f) $50,000 each year is for the Headwaters Science Center.

 

(g) $50,000 each year is for The Works Museum, Bloomington.

 

(h) $50,000 each year is for the WonderTrek Children's Museum, Brainerd-Baxter.

 

(i) $50,000 each year is for the Otter Cove Children's Museum, Fergus Falls.

 

(j) $50,000 each year is for the Children's Discovery Museum, Grand Rapids.

 

(k) $50,000 each year is for the Wheel and Cog Children's Museum, Hutchinson.

 

(l) $50,000 each year is for the Village Children's Museum, Willmar.

 

(m) $50,000 each year is for the Duluth Children's Museum, Duluth.

 

(n) $50,000 each year is for the Children's Museum of Southern Minnesota, Mankato.

 

(o) $50,000 each year is for the Great River Children's Museum, St. Cloud.

 

(p) $50,000 each year is for the Children's Discovery Museum, Breckenridge.

 

(q) A recipient of a grant under this subdivision must use the funds to encourage and increase access for historically underserved communities.

 

(r) Up to three percent of the appropriation is available for grant administration.

 

(s) Any balance in the first year does not cancel but is available in the second year.

 

(t) The base for fiscal year 2026 and later is $1,791,000.  Of this amount, $691,000 is for the museums and amounts indicated in paragraphs (b) to (e), $60,000 is for the museum in paragraph (f), $600,000 is for the museums in paragraphs (g) to (l) in the amount of $100,000 per museum, and $440,000 is for the museums in paragraphs (m) to (p) in the amount of $110,000 per museum.


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Subd. 31.  Nonexclusionary discipline.  (a) For grants to school districts and charter schools to provide training for school staff on nonexclusionary disciplinary practices:

 

 

 

$1,750,000

. . . . .

2024

 

 

$1,750,000

. . . . .

2025

 

(b) Grants are to develop training and to work with schools to train staff on nonexclusionary disciplinary practices that maintain the respect, trust, and attention of students and help keep students in classrooms.  These funds may also be used for grant administration.

 

(c) Eligible grantees include school districts, charter schools, intermediate school districts, and cooperative units as defined in section 123A.24, subdivision 2.

 

(d) Up to five percent of the appropriation is available for grant administration.

 

Subd. 32.  Online music instruction grant.  (a) For a grant to MacPhail Center for Music for the online music instruction program:

 

 

 

$300,000

. . . . .

2024

 

 

$0

. . . . .

2025

 

(b) The MacPhail Center for Music must use the grant funds received under this subdivision to:

 

(1) partner with schools and early childhood centers to provide online music instruction to students and children for the purpose of increasing student self-confidence, providing students with a sense of community, and reducing individual stress.  In applying for the grant, MacPhail Center for Music must commit to providing at least a 30 percent match of the funds allocated.  MacPhail Center for Music must also include in the application the measurable outcomes the applicant intends to accomplish with the grant funds;

 

(2) partner with schools or early childhood centers that are designated Title I schools or centers or are located in rural Minnesota, and may use the funds in consultation with the music or early childhood educators in each school or early childhood center to provide individual or small group music instruction, sectional ensembles or other group music activities, music workshops, or early childhood music activities.  At least half of the online music programs must be in partnership with schools or early childhood centers located in rural Minnesota.  MacPhail Center for Music may use the funds awarded to supplement or enhance an existing online music program within a school or early childhood center that meets the criteria described in this clause; and

 

(3) contract with a third-party entity to evaluate the success of the online music program.  The evaluation must include interviews with the music educators and students at the schools and early childhood centers where an online music program was established.  The results of the evaluation must be submitted to the commissioner of education and to the chairs and ranking minority members of the legislative committees with jurisdiction over education policy and finance by December 15, 2026.

 

(c) Any balance in the first year does not cancel but is available in the second year.

 

(d) The base for fiscal year 2026 is $0.

 

Subd. 33.  P-TECH schools.  (a) For P-TECH support grants under Minnesota Statutes, section 124D.093, subdivision 5:

 

 

 

$791,000

. . . . .

2024

 

 

$791,000

. . . . .

2025


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(b) The amounts in this subdivision are for grants, including to a public-private partnership that includes Independent School District No. 535, Rochester.

 

(c) Any balance in the first year does not cancel but is available in the second year.

 

Subd. 34.  Paraprofessional training.  (a) For compensation associated with paid orientation and professional development for paraprofessionals under Minnesota Statutes, section 121A.642:

 

 

 

$0

. . . . .

2024

 

 

$7,230,000

. . . . .

2025

 

(b) The 2025 appropriation includes $0 for 2024 and $7,230,000 for 2025.

 

Subd. 35.  Recovery program grants.  (a) For recovery program grants under Minnesota Statutes, section 124D.695:

 

 

 

$750,000

. . . . .

2024

 

 

$750,000

. . . . .

2025

 

(b) Any balance in the first year does not cancel but is available in the second year.

 

Subd. 36.  Sanneh Foundation.  (a) For grants to the Sanneh Foundation:

 

 

 

$1,500,000

. . . . .

2024

 

 

$1,500,000

. . . . .

2025

 

(b) Up to three percent of the appropriation is available for grant administration.

 

(c) Any balance in the first year does not cancel but is available in the second year.