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SF 4113

1st Engrossment - 92nd Legislature (2021 - 2022) Posted on 04/20/2022 03:28pm

KEY: stricken = removed, old language.
underscored = added, new language.
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A bill for an act
relating to education finance; promoting literacy; providing for a statewide reading
proficiency goal; requiring access to menstrual products in schools; providing for
operating capital revenue to fund school district purchases of menstrual products;
reorganizing the regional centers of excellence; requiring elementary education
teacher candidates to receive instruction in the Language Essentials for Teachers
of Reading and Spelling program; requiring a report; appropriating money;
amending Minnesota Statutes 2020, sections 120B.11, by adding a subdivision;
120B.115; 120B.122, by adding a subdivision; 121A.21; 122A.06, subdivision 4;
122A.092, subdivision 5; 124E.03, subdivision 2; 126C.10, subdivisions 13, 13a,
14; Laws 2021, First Special Session chapter 13, article 11, section 4; proposing
coding for new law in Minnesota Statutes, chapter 120B.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2020, section 120B.11, is amended by adding a subdivision
to read:


new text begin Subd. 10. new text end

new text begin Suspension. new text end

new text begin Provisions under this section are suspended from the beginning
of the 2023-2024 school year through the end of the 2028-2029 school year. A school district
or school site must continue to fulfill federal reporting requirements under the provisions
of this section.
new text end

Sec. 2.

new text begin [120B.111] READING PROFICIENCY GOAL.
new text end

new text begin Subdivision 1. new text end

new text begin Adopting plans and budgets. new text end

new text begin (a) For the 2023-2024 school year through
the 2028-2029 school year, a school board at a public meeting must adopt a comprehensive
plan to support and improve teaching and learning that is aligned with the goal of having
90 percent of third grade students achieve grade-level reading proficiency. The plan must
include:
new text end

new text begin (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);
new text end

new text begin (2) a process to assess and evaluate each student's progress toward meeting state reading
standards; and
new text end

new text begin (3) strategies for improving instruction, curriculum, and student achievement in reading.
new text end

new text begin (b) For the purposes of this section, the following terms have the meanings given:
new text end

new text begin (1) "instruction" means methods of providing learning experiences that enable a student
to meet state reading standards;
new text end

new text begin (2) "curriculum" means programs and written plans adopted by a district or school for
providing students with learning experiences that lead to expected knowledge and skills
and career and college readiness; and
new text end

new text begin (3) "reading proficiency goal" means to have 90 percent of third grade students achieve
grade-level reading proficiency and to 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.
new text end

new text begin Subd. 2. new text end

new text begin Performance measures. new text end

new text begin Student performance on the third grade reading
proficiency assessment as measured by a statewide or locally adopted reading assessment
is the performance measure to determine school district or school site progress toward the
goal of 90 percent of third grade students achieving grade-level reading proficiency.
new text end

new text begin Subd. 3. new text end

new text begin Report. new text end

new text begin (a) The school board must hold an annual public meeting to review
and revise, where appropriate, student achievement goals, local assessment outcomes, plans,
strategies, and practices. The school board must review district success in achieving the
previously adopted grade-level reading proficiency goals, related benchmarks, and
improvement plans for achieving grade-level reading proficiency goals. The school board
must transmit an electronic summary of its report to the commissioner of education in the
form and manner determined by the commissioner.
new text end

new text begin (b) By January 25 of each year that this section is effective, the commissioner must
report to the chairs and ranking minority members of the legislative committees with
jurisdiction over kindergarten through grade 12 education:
new text end

new text begin (1) a list of school districts that have not submitted the required report to the commissioner
under paragraph (a); and
new text end

new text begin (2) a list of school districts that have not met the performance goal of 90 percent of third
grade students achieving grade-level reading proficiency, as established in the plan under
subdivision 1.
new text end

new text begin Subd. 4. new text end

new text begin Annual evaluation. new text end

new text begin The commissioner must identify effective strategies,
practices, and resources available to schools and districts to achieve the goal of 90 percent
of third grade students achieving grade-level reading proficiency. The commissioner must
assist schools and districts throughout the state in implementing effective strategies, practices,
and use of resources.
new text end

Sec. 3.

Minnesota Statutes 2020, section 120B.115, is amended to read:


120B.115 REGIONAL CENTERS OF EXCELLENCE.

new text begin Subdivision 1. new text end

new text begin Establishment. new text end

(a) Regional centers of excellence are established to
assist and support school boards, school districts, school sites, and charter schools in
implementing research-based interventions and practices to increase the students' achievement
within a region. The centers must develop partnerships with local and regional service
cooperatives, postsecondary institutions, integrated school districts, the department, children's
mental health providers, or other local or regional entities interested in providing a cohesive
and consistent regional delivery system that serves all schools equitably. Centers must assist
school districts, school sites, and charter schools in developing similar partnerships. Center
support may include assisting school districts, school sites, and charter schools with common
principles of effective practice, including:

(1) defining measurable education goals under sections 120B.022, subdivisions 1a and
1b, and 120B.11, subdivision 2;

(2) implementing evidence-based practices, including applied and experiential learning,
contextualized learning, competency-based curricula and assessments, and other
nontraditional learning opportunities, among other practices;

(3) engaging in data-driven decision-making;

(4) providing multilayered levels of support;

(5) supporting culturally responsive teaching and learning aligning the development of
academic English proficiency, state and local academic standards, and career and college
readiness benchmarks;

(6) engaging parents, families, youth, and local community members in programs and
activities at the school district, school site, or charter school that foster collaboration and
shared accountability for the achievement of all students; and

(7) translating district forms and other information such as a multilingual glossary of
commonly used education terms and phrases.

Centers must work with school site leadership teams to build the expertise and experience
to implement programs that close the achievement gap, provide effective and differentiated
programs and instruction for different types of English learners, including English learners
with limited or interrupted formal schooling and long-term English learners under section
124D.59, subdivisions 2 and 2a, increase students' progress and growth toward career and
college readiness, and increase student graduation rates.

(b) The department must assist the regional centers of excellence to meet staff, facilities,
and technical needs, provide the centers with programmatic support, and work with the
centers to establish a coherent statewide system of regional support, including consulting,
training, and technical support, to help school boards, school districts, school sites, and
charter schools effectively and efficiently implement the world's best workforce goals under
section 120B.11 and other state and federal education initiatives, including secondary and
postsecondary career pathways and technical education.

new text begin Subd. 2. new text end

new text begin Reading focus. new text end

new text begin Regional centers of excellence must prioritize reading using
scientifically based research that includes fluency, phonemic awareness, phonics, reading
comprehension, vocabulary development, and Language Essentials for Teachers of Reading
and Spelling (LETRS) training.
new text end

new text begin Subd. 3. new text end

new text begin Leadership. new text end

new text begin Regional centers of excellence must be led by LETRS-certified
reading professionals, including at least: (1) two literacy specialists; and (2) a dyslexia
specialist under section 120B.122 who is employed by the Department of Education.
new text end

new text begin Subd. 4. new text end

new text begin Regional literacy support directors. new text end

new text begin Regional centers of excellence must
work with LETRS-certified regional literacy support directors to assist schools with
improving low reading scores. A director is an independent contractor and not an employee
of the Department of Education. A regional literacy support director must:
new text end

new text begin (1) effectively monitor student reading growth and achievement data;
new text end

new text begin (2) assist with districtwide and schoolwide professional development and planning to
establish scientifically based practices among school administrators and instructional
personnel; and
new text end

new text begin (3) evaluate implementation of scientifically based practices.
new text end

Sec. 4.

Minnesota Statutes 2020, section 120B.122, is amended by adding a subdivision
to read:


new text begin Subd. 4. new text end

new text begin Leadership. new text end

new text begin A dyslexia specialist must help provide leadership for the regional
centers of excellence under section 120B.115.
new text end

Sec. 5.

Minnesota Statutes 2020, section 121A.21, is amended to read:


121A.21 SCHOOL HEALTH SERVICES.

new text begin Subdivision 1. new text end

new text begin School health services required. new text end

(a) Every school board must provide
services to promote the health of its pupils.

(b) The board of a district with 1,000 pupils or more in average daily membership in
early childhood family education, preschool disabled, elementary, and secondary programs
must comply with the requirements of this paragraph. It may use one or a combination of
the following methods:

(1) employ personnel, including at least one full-time equivalent licensed school nurse;

(2) contract with a public or private health organization or another public agency for
personnel during the regular school year, determined appropriate by the board, who are
currently licensed under chapter 148 and who are certified public health nurses; or

(3) enter into another arrangement approved by the commissioner.

new text begin Subd. 2. new text end

new text begin Access to menstrual products. new text end

new text begin A school district or charter school must provide
students access to menstrual products at no charge. The products must be available in
restrooms used by students in grades 4 to 12. For purposes of this section, "menstrual
products" means pads, tampons, or other similar products used in connection with the
menstrual cycle.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2022.
new text end

Sec. 6.

Minnesota Statutes 2020, section 122A.06, subdivision 4, is amended to read:


Subd. 4.

Comprehensive, scientifically based reading instruction.

(a) "Comprehensive,
scientifically based reading instruction" includes a program or collection of instructional
practices that is based on valid, replicable evidence showing that when these programs or
practices are used, students can be expected to achieve, at a minimum, satisfactory reading
progress. The program or collection of practices must include, at a minimum, effectivedeleted text begin,
balanced
deleted text end instruction in all five areas of reading: phonemic awareness, phonics, fluency,
vocabulary development, and reading comprehension.

Comprehensive, scientifically based reading instruction also includes and integrates
instructional strategies for continuously assessing, evaluating, and communicating the
student's reading progress and needs in order to design and implement ongoing interventions
so that students of all ages and proficiency levels can read and comprehend text, write, and
apply higher level thinking skills. For English learners developing literacy skills, districts
are encouraged to use strategies that teach reading and writing in the students' native language
and English at the same time.

(b) "Fluency" is the ability of students to read text with speed, accuracy, and proper
expression.

(c) "Phonemic awareness" is the ability of students to notice, think about, and manipulate
individual sounds in spoken syllables and words.

(d) "Phonics" is the understanding that there are systematic and predictable relationships
between written letters and spoken words. Phonics instruction is a way of teaching reading
that stresses learning how letters correspond to sounds and how to apply this knowledge in
reading and spelling.

(e) "Reading comprehension" is an active process that requires intentional thinking
during which meaning is constructed through interactions between text and reader.
Comprehension skills are taught explicitly by demonstrating, explaining, modeling, and
implementing specific cognitive strategies to help beginning readers derive meaning through
intentional, problem-solving thinking processes.

(f) "Vocabulary development" is the process of teaching vocabulary both directly and
indirectly, with repetition and multiple exposures to vocabulary items. Learning in rich
contexts, incidental learning, and use of computer technology enhance the acquiring of
vocabulary.

(g) Nothing in this subdivision limits the authority of a school district to select a school's
reading program or curriculum.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2022.
new text end

Sec. 7.

Minnesota Statutes 2020, section 122A.092, subdivision 5, is amended to read:


Subd. 5.

Reading strategies.

(a) A teacher preparation provider approved by the
Professional Educator Licensing and Standards Board to prepare persons for classroom
teacher licensure must include in its teacher preparation programs research-based best
practices in reading, consistent with section 122A.06, subdivision 4, that enable the licensure
candidate to teach reading in the candidate's content areas. Teacher candidates must be
instructed in using students' native languages as a resource in creating effective differentiated
instructional strategies for English learners developing literacy skills. A teacher preparation
provider also must prepare early childhood and elementary teacher candidates for Tier 3
and Tier 4 teaching licenses under sections 122A.183 and 122A.184, respectively, for the
portion of the examination under section 122A.185, subdivision 1, paragraph (c), covering
assessment of reading instruction.

(b) Board-approved teacher preparation programs for teachers of elementary education
must require instruction in applying comprehensive, scientifically based or evidence-based,
and structured reading instruction programs that:

(1) teach students to read using foundational knowledge, practices, and strategies
consistent with section 122A.06, subdivision 4, so that all students achieve continuous
progress in reading; deleted text beginand
deleted text end

(2) teach specialized instruction in reading strategies, interventions, and remediations
that enable students of all ages and proficiency levels to become proficient readersdeleted text begin.deleted text endnew text begin; and
new text end

new text begin (3) beginning February 1, 2026, require teacher candidates to receive instruction using
the Language Essentials for Teachers of Reading and Spelling program.
new text end

(c) Board-approved teacher preparation programs for teachers of elementary education,
early childhood education, special education, and reading intervention must include
instruction on dyslexia, as defined in section 125A.01, subdivision 2. Teacher preparation
programs may consult with the Department of Education, including the dyslexia specialist
under section 120B.122, to develop instruction under this paragraph. Instruction on dyslexia
must be modeled on practice standards of the International Dyslexia Association, and must
address:

(1) the nature and symptoms of dyslexia;

(2) resources available for students who show characteristics of dyslexia;

(3) evidence-based instructional strategies for students who show characteristics of
dyslexia, including the structured literacy approach; and

(4) outcomes of intervention and lack of intervention for students who show
characteristics of dyslexia.

(d) Nothing in this section limits the authority of a school district to select a school's
reading program or curriculum.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 8.

Minnesota Statutes 2020, section 124E.03, subdivision 2, is amended to read:


Subd. 2.

Certain federal, state, and local requirements.

(a) A charter school shall
meet all federal, state, and local health and safety requirements applicable to school districts.

(b) A school must comply with statewide accountability requirements governing standards
and assessments in chapter 120B.

(c) A charter school must comply with the Minnesota Public School Fee Law, sections
123B.34 to 123B.39.

(d) A charter school is a district for the purposes of tort liability under chapter 466.

(e) A charter school must comply with the Pledge of Allegiance requirement under
section 121A.11, subdivision 3.

(f) A charter school and charter school board of directors must comply with chapter 181
governing requirements for employment.

(g) A charter school must comply with continuing truant notification under section
260A.03.

(h) A charter school must develop and implement a teacher evaluation and peer review
process under section 122A.40, subdivision 8, paragraph (b), clauses (2) to (13), and place
students in classrooms in accordance with section 122A.40, subdivision 8, paragraph (d).
The teacher evaluation process in this paragraph does not create any additional employment
rights for teachers.

(i) A charter school must adopt a policy, plan, budget, and process, consistent with
section 120B.11, to review curriculum, instruction, and student achievement and strive for
the world's best workforce.new text begin For the 2023-2024 school year through the end of the 2028-2029
school year, a charter school must adopt a policy, plan, budget, and process consistent with
section 120B.111 to review curriculum, instruction, and student achievement that is aligned
with the goal of having 90 percent of third grade students achieve grade-level reading
proficiency.
new text end

(j) A charter school is subject to and must comply with the Pupil Fair Dismissal Act,
sections 121A.40 to 121A.56.

Sec. 9.

Minnesota Statutes 2020, section 126C.10, subdivision 13, is amended to read:


Subd. 13.

Total operating capital revenue.

(a) Total operating capital revenue for a
district equals the deleted text beginamount determined under paragraph (b) or (c), plusdeleted text endnew text begin sum of:
new text end

new text begin (1)new text end $79 times the adjusted pupil units for the school yeardeleted text begin.deleted text endnew text begin;
new text end

new text begin (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
new text end

new text begin (3) $2 times the adjusted pupil units for the school year for the purposes of supplying
menstrual products under subdivision 14, clause (26).
new text end

new text begin (b)new text end The revenuenew text begin under this subdivisionnew text end must be placed in a reserved account in the
general fund and may only be used according to subdivision 14.

deleted text begin (b) Capital revenue for a district equals $109 times the district's maintenance cost index
times its adjusted pupil units for the school year.
deleted text end

(c) The revenue new text beginunder paragraph (a), clause (2), new text endfor 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.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2022.
new text end

Sec. 10.

Minnesota Statutes 2020, section 126C.10, subdivision 13a, is amended to read:


Subd. 13a.

Operating capital levy.

To obtain operating capital revenue, a district may
levy an amount not more than the product of its operating capital revenue for the fiscal year
times the lesser of one or the ratio of its adjusted net tax capacity per adjusted pupil unit to
the operating capital equalizing factor. The operating capital equalizing factor equals deleted text begin$23,902
for fiscal year 2020, $23,885 for fiscal year 2021, and
deleted text end $22,912 for fiscal year 2022 andnew text begin
$23,145 for fiscal year 2023 and
new text end later.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for revenue for fiscal year 2023 and later.
new text end

Sec. 11.

Minnesota Statutes 2020, section 126C.10, subdivision 14, is amended to read:


Subd. 14.

Uses of total operating capital revenue.

Total operating capital revenue may
be used only for the following purposes:

(1) to acquire land for school purposes;

(2) to acquire or construct buildings for school purposes;

(3) to rent or lease buildings, including the costs of building repair or improvement that
are part of a lease agreement;

(4) to improve and repair school sites and buildings, and equip or reequip school buildings
with permanent attached fixtures, including library media centers;

(5) for a surplus school building that is used substantially for a public nonschool purpose;

(6) to eliminate barriers or increase access to school buildings by individuals with a
disability;

(7) to bring school buildings into compliance with the State Fire Code adopted according
to chapter 299F;

(8) to remove asbestos from school buildings, encapsulate asbestos, or make
asbestos-related repairs;

(9) to clean up and dispose of polychlorinated biphenyls found in school buildings;

(10) to clean up, remove, dispose of, and make repairs related to storing heating fuel or
transportation fuels such as alcohol, gasoline, fuel oil, and special fuel, as defined in section
296A.01;

(11) for energy audits for school buildings and to modify buildings if the audit indicates
the cost of the modification can be recovered within ten years;

(12) to improve buildings that are leased according to section 123B.51, subdivision 4;

(13) to pay special assessments levied against school property but not to pay assessments
for service charges;

(14) to pay principal and interest on state loans for energy conservation according to
section 216C.37 or loans made under the Douglas J. Johnson Economic Protection Trust
Fund Act according to sections 298.292 to deleted text begin298.298deleted text endnew text begin 298.297new text end;

(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; deleted text beginand
deleted text end

(25) to pay the costs directly associated with closing a school facility, including moving
and storage costsdeleted text begin.deleted text endnew text begin; and
new text end

new text begin (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.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2022.
new text end

Sec. 12.

Laws 2021, First Special Session chapter 13, article 11, section 4, is amended to
read:


Sec. 4. APPROPRIATIONS; DEPARTMENT OF EDUCATION.

Subdivision 1.

Department of Education.

Unless otherwise indicated, the sums indicated
in this section are appropriated from the general fund to the Department of Education for
the fiscal years designated. Any balance in the first year does not cancel but is available in
the second year.

Subd. 2.

Department.

(a) For the Department of Education:

$
30,837,000
.....
2022
$
deleted text begin 26,287,000 deleted text end new text begin
26,987,000
new text end
.....
2023

Of these amounts:

(1) $319,000 each year is for the Board of School Administrators;

(2) $1,000,000 deleted text begineachdeleted text endnew text begin in fiscalnew text end year deleted text beginisdeleted text endnew text begin 2022 and $1,700,000 in fiscal year 2023 arenew text end for
regional centers of excellence under Minnesota Statutes, section 120B.115deleted text begin;deleted text endnew text begin. Of the amount
in fiscal year 2023, $700,000 is for providing grants to each regional center of excellence
to contract with one full-time equivalent regional literacy support director;
new text end

(3) $250,000 each year is for the School Finance Division to enhance financial data
analysis;

(4) $720,000 each year is for implementing Minnesota's Learning for English Academic
Proficiency and Success Act under Laws 2014, chapter 272, article 1, as amended;

(5) $123,000 each year is for a dyslexia specialist;

(6) $480,000 each year is for the Department of Education's mainframe update;

(7) $4,500,000 in fiscal year 2022 only is for legal fees and costs associated with
litigation; and

(8) $340,000 in fiscal years 2022 and 2023 only are for voluntary prekindergarten
programs.

(b) None of the amounts appropriated under this subdivision may be used for Minnesota's
Washington, D.C., office.

(c) The expenditures of federal grants and aids as shown in the biennial budget document
and its supplements are approved and appropriated and must be spent as indicated.

(d) This appropriation includes funds for information technology project services and
support subject to the provisions of Minnesota Statutes, section 16E.21. Any ongoing
information technology costs will be incorporated into the service level agreement and will
be paid to the Office of MN.IT Services by the Department of Education under the rates
and mechanisms specified in that agreement.

(e) To account for the base adjustments provided in Laws 2018, chapter 211, article 21,
section 1, paragraph (a), and section 3, paragraph (a), the base for fiscal year 2024 and later
is deleted text begin$25,965,000deleted text endnew text begin $26,665,000new text end.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2022.
new text end

Sec. 13. new text beginAPPROPRIATION; LANGUAGE ESSENTIALS FOR TEACHERS OF
READING AND SPELLING.
new text end

new text begin Subdivision 1. new text end

new text begin Department of Education. new text end

new text begin The sums indicated in this section are
appropriated from the general fund to the Department of Education for the fiscal years
designated.
new text end

new text begin Subd. 2. new text end

new text begin Language Essentials for Teachers of Reading and Spelling. new text end

new text begin (a) To provide
the Language Essentials for Teachers of Reading and Spelling (LETRS) program to licensed
teachers who teach in kindergarten through grade five:
new text end

new text begin $
new text end
new text begin 30,000,000
new text end
new text begin .....
new text end
new text begin 2023
new text end

new text begin (b) The commissioner may partner with the regional centers of excellence to administer
the program.
new text end

new text begin (c) This appropriation is available until June 30, 2025.
new text end

new text begin (d) The base for fiscal year 2024 and later is $0.
new text end

Sec. 14. new text beginAPPROPRIATION; ADDITIONAL GENERAL EDUCATION AID FOR
MENSTRUAL PRODUCTS.
new text end

new text begin $1,737,000 in fiscal year 2023 is appropriated from the general fund to the Department
of Education for additional general education aid for the amounts required under section 9.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2022.
new text end