1.1 	A bill for an act
1.2 	relating to education; making certain policy and technical changes for 
1.3 	prekindergarten through grade 12 education provisions including general education, 
1.4 	schools, teachers, definitions, and timelines; requiring reports;amending Minnesota 
1.5 	Statutes 2018, sections 13.32, subdivision 3; 120A.20, by adding a subdivision; 
1.6 	120A.22, subdivisions 7, 10; 120A.40; 120B.018, subdivision 6; 120B.021, 
1.7 	subdivisions 1, 2; 120B.022, subdivision 1b; 120B.024, by adding a subdivision; 
1.8 	120B.11, subdivisions 2, 3; 120B.13, subdivision 4; 120B.15; 121A.031, 
1.9 	subdivisions 5, 6; 121A.41, subdivision 10, by adding subdivisions; 121A.45, 
1.10 	subdivision 1; 121A.46, subdivision 4, by adding a subdivision; 121A.47, 
1.11 	subdivisions 2, 14; 121A.53, subdivision 1; 121A.55; 122A.181, subdivision 5; 
1.12 	122A.183, subdivision 2; 122A.185, subdivision 1; 122A.26, subdivision 2; 
1.13 	122A.40, subdivision 8; 123B.09, subdivision 2; 123B.147, subdivision 3; 124D.03, 
1.14 	subdivision 5; 124D.09, subdivision 13; 124D.111, subdivision 4, by adding a 
1.15 	subdivision; 124D.141, subdivision 2; 124D.165, subdivisions 3, 4; 124D.74, 
1.16 	subdivision 1; 124D.78, subdivisions 1, 3; 124D.79, subdivision 2; 124D.81, 
1.17 	subdivision 1; 124D.861, subdivision 2; 124D.862, subdivision 7; 124E.03, 
1.18 	subdivision 2, by adding subdivisions; 124E.05, subdivisions 4, 7; 124E.11; 
1.19 	124E.13, subdivision 3; 125A.091, by adding a subdivision; 125A.30; 134.31, 
1.20 	subdivision 4a; 609A.03, subdivision 7a; Minnesota Statutes 2019 Supplement, 
1.21 	sections 120B.024, subdivision 1; 120B.35, subdivision 3; 124D.09, subdivisions 
1.22 	3, 7; 124D.59, subdivision 2a; proposing coding for new law in Minnesota Statutes, 
1.23 	chapters 120B; 121A; 124D; repealing Minnesota Rules, part 8710.0500, subpart 
1.24 	1, item A.
1.25 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.26 	ARTICLE 1
1.27 	A WORLD CLASS EDUCATION FOR EVERY STUDENT

1.28 	Section 1. Minnesota Statutes 2018, section 13.32, subdivision 3, is amended to read:
1.29 		Subd. 3.Private data; when disclosure is permitted. Except as provided in subdivision 
1.30 	5, educational data is private data on individuals and shall not be disclosed except as follows:
1.31 	(a) pursuant to section 13.05;
2.1 	(b) pursuant to a valid court order;
2.2 	(c) pursuant to a statute specifically authorizing access to the private data;
2.3 	(d) to disclose information in health, including mental health, and safety emergencies 
2.4 	pursuant to the provisions of United States Code, title 20, section 1232g(b)(1)(I) and Code 
2.5 	of Federal Regulations, title 34, section 99.36;
2.6 	(e) pursuant to the provisions of United States Code, title 20, sections 1232g(b)(1), 
2.7 	(b)(4)(A), (b)(4)(B), (b)(1)(B), (b)(3), (b)(6), (b)(7), and (i), and Code of Federal Regulations, 
2.8 	title 34, sections 99.31, 99.32, 99.33, 99.34, 99.35, and 99.39;
2.9 	(f) to appropriate health authorities to the extent necessary to administer immunization 
2.10 	programs and for bona fide epidemiologic investigations which the commissioner of health 
2.11 	determines are necessary to prevent disease or disability to individuals in the public 
2.12 	educational agency or institution in which the investigation is being conducted;
2.13 	(g) when disclosure is required for institutions that participate in a program under title 
2.14 	IV of the Higher Education Act, United States Code, title 20, section 1092;
2.15 	(h) to the appropriate school district officials to the extent necessary under subdivision 
2.16 	6, annually to indicate the extent and content of remedial instruction, including the results 
2.17 	of assessment testing and academic performance at a postsecondary institution during the 
2.18 	previous academic year by a student who graduated from a Minnesota school district within 
2.19 	two years before receiving the remedial instruction;
2.20 	(i) to appropriate authorities as provided in United States Code, title 20, section 
2.21 	1232g(b)(1)(E)(ii), if the data concern the juvenile justice system and the ability of the 
2.22 	system to effectively serve, prior to adjudication, the student whose records are released; 
2.23 	provided that the authorities to whom the data are released submit a written request for the 
2.24 	data that certifies that the data will not be disclosed to any other person except as authorized 
2.25 	by law without the written consent of the parent of the student and the request and a record 
2.26 	of the release are maintained in the student's file;
2.27 	(j) to volunteers who are determined to have a legitimate educational interest in the data 
2.28 	and who are conducting activities and events sponsored by or endorsed by the educational 
2.29 	agency or institution for students or former students;
2.30 	(k) to provide student recruiting information, from educational data held by colleges 
2.31 	and universities, as required by and subject to Code of Federal Regulations, title 32, section 
2.32 	216;
3.1 	(l) to the juvenile justice system if information about the behavior of a student who poses 
3.2 	a risk of harm is reasonably necessary to protect the health or safety of the student or other 
3.3 	individuals;
3.4 	(m) with respect to Social Security numbers of students in the adult basic education 
3.5 	system, to Minnesota State Colleges and Universities and the Department of Employment 
3.6 	and Economic Development for the purpose and in the manner described in section 124D.52, 
3.7 	subdivision 7;
3.8 	(n) to the commissioner of education for purposes of an assessment or investigation of 
3.9 	a report of alleged maltreatment of a student as mandated by section 626.556. Upon request 
3.10 	by the commissioner of education, data that are relevant to a report of maltreatment and are 
3.11 	from charter school and school district investigations of alleged maltreatment of a student 
3.12 	must be disclosed to the commissioner, including, but not limited to, the following:
3.13 	(1) information regarding the student alleged to have been maltreated;
3.14 	(2) information regarding student and employee witnesses;
3.15 	(3) information regarding the alleged perpetrator; and
3.16 	(4) what corrective or protective action was taken, if any, by the school facility in response 
3.17 	to a report of maltreatment by an employee or agent of the school or school district;
3.18 	(o) when the disclosure is of the final results of a disciplinary proceeding on a charge 
3.19 	of a crime of violence or nonforcible sex offense to the extent authorized under United 
3.20 	States Code, title 20, section 1232g(b)(6)(A) and (B) and Code of Federal Regulations, title 
3.21 	34, sections 99.31 (a)(13) and (14);
3.22 	(p) when the disclosure is information provided to the institution under United States 
3.23 	Code, title 42, section 14071, concerning registered sex offenders to the extent authorized 
3.24 	under United States Code, title 20, section 1232g(b)(7); or
3.25 	(q) when the disclosure is to a parent of a student at an institution of postsecondary 
3.26 	education regarding the student's violation of any federal, state, or local law or of any rule 
3.27 	or policy of the institution, governing the use or possession of alcohol or of a controlled 
3.28 	substance, to the extent authorized under United States Code, title 20, section 1232g(i), and 
3.29 	Code of Federal Regulations, title 34, section 99.31 (a)(15), and provided the institution 
3.30 	has an information release form signed by the student authorizing disclosure to a parent. 
3.31 	The institution must notify parents and students about the purpose and availability of the 
3.32 	information release forms. At a minimum, the institution must distribute the information 
3.33 	release forms at parent and student orientation meetings.; or
4.1 	(r) to tribal nations about tribally enrolled or descendant students to allow the tribal 
4.2 	nation and school district or charter school to support the educational attainment of the 
4.3 	student.

4.4 	Sec. 2. Minnesota Statutes 2018, section 120B.018, subdivision 6, is amended to read:
4.5 		Subd. 6.Required standard. "Required standard" means (1) a statewide adopted 
4.6 	expectation for student learning in the content areas of language arts, mathematics, science, 
4.7 	social studies, physical education, and the arts, or (2) a locally adopted expectation for 
4.8 	student learning in health or the arts.

4.9 	Sec. 3. Minnesota Statutes 2018, section 120B.021, subdivision 1, is amended to read:
4.10 		Subdivision 1.Required academic standards. (a) The following subject areas are 
4.11 	required for statewide accountability:
4.12 	(1) language arts;
4.13 	(2) mathematics;
4.14 	(3) science;
4.15 	(4) social studies, including history, geography, economics, and government and 
4.16 	citizenship that includes civics consistent with section 120B.02, subdivision 3;
4.17 	(5) physical education;
4.18 	(6) health, for which locally developed academic standards apply; and
4.19 	(7) the arts, for which statewide or locally developed academic standards apply, as 
4.20 	determined by the school district. Public elementary and middle schools must offer at least 
4.21 	three and require at least two of the following four five arts areas: dance; media arts; music; 
4.22 	theater; and visual arts. Public high schools must offer at least three and require at least one 
4.23 	of the following five arts areas: media arts; dance; music; theater; and visual arts.
4.24 	(b) For purposes of applicable federal law, the academic standards for language arts, 
4.25 	mathematics, and science apply to all public school students, except the very few students 
4.26 	with extreme cognitive or physical impairments for whom an individualized education 
4.27 	program team has determined that the required academic standards are inappropriate. An 
4.28 	individualized education program team that makes this determination must establish 
4.29 	alternative standards.
4.30 	(c) The department must adopt the most recent SHAPE America (Society of Health and 
4.31 	Physical Educators) kindergarten through grade 12 standards and benchmarks for physical 
5.1 	education as the required physical education academic standards. The department may 
5.2 	modify and adapt the national standards to accommodate state interest. The modification 
5.3 	and adaptations must maintain the purpose and integrity of the national standards. The 
5.4 	department must make available sample assessments, which school districts may use as an 
5.5 	alternative to local assessments, to assess students' mastery of the physical education 
5.6 	standards beginning in the 2018-2019 school year.
5.7 	(d) A school district may include child sexual abuse prevention instruction in a health 
5.8 	curriculum, consistent with paragraph (a), clause (6). Child sexual abuse prevention 
5.9 	instruction may include age-appropriate instruction on recognizing sexual abuse and assault, 
5.10 	boundary violations, and ways offenders groom or desensitize victims, as well as strategies 
5.11 	to promote disclosure, reduce self-blame, and mobilize bystanders. A school district may 
5.12 	provide instruction under this paragraph in a variety of ways, including at an annual assembly 
5.13 	or classroom presentation. A school district may also provide parents information on the 
5.14 	warning signs of child sexual abuse and available resources.
5.15 	(e) District efforts to develop, implement, or improve instruction or curriculum as a 
5.16 	result of the provisions of this section must be consistent with sections 120B.10, 120B.11, 
5.17 	and 120B.20.

5.18 	Sec. 4. Minnesota Statutes 2018, section 120B.021, subdivision 2, is amended to read:
5.19 		Subd. 2.Standards development. (a) The commissioner must consider advice from at 
5.20 	least the following stakeholders in developing statewide rigorous core academic standards 
5.21 	in language arts, mathematics, science, social studies, including history, geography, 
5.22 	economics, government and citizenship, and the arts:
5.23 	(1) the Tribal Nations Education Committee under section 124D.79, subdivision 4, and 
5.24 	representatives from Minnesota's tribal nations and communities, including both Anishinaabe 
5.25 	and Dakota;
5.26 	(1) (2) parents of school-age children and members of the public throughout the state;
5.27 	(2) (3) teachers throughout the state currently licensed and providing instruction in 
5.28 	language arts, mathematics, science, social studies, or the arts and licensed elementary and 
5.29 	secondary school principals throughout the state currently administering a school site;
5.30 	(3) (4) currently serving members of local school boards and charter school boards 
5.31 	throughout the state;
5.32 	(4) (5) faculty teaching core subjects at postsecondary institutions in Minnesota; and
6.1 	(5) (6) representatives of the Minnesota business community.
6.2 	(b) Academic standards must:
6.3 	(1) be clear, concise, objective, measurable, and grade-level appropriate;
6.4 	(2) not require a specific teaching methodology or curriculum; and
6.5 	(3) be consistent with the Constitutions of the United States and the state of Minnesota.

6.6 	Sec. 5. Minnesota Statutes 2018, section 120B.022, subdivision 1b, is amended to read:
6.7 		Subd. 1b.State bilingual and multilingual seals. (a) Consistent with efforts to strive 
6.8 	for the world's best workforce under sections 120B.11 and 124E.03, subdivision 2, paragraph 
6.9 	(i), and close the academic achievement and opportunity gap under sections 124D.861 and 
6.10 	124D.862, voluntary state bilingual and multilingual seals are established to recognize high 
6.11 	school students in any school district, charter school, or nonpublic school who demonstrate 
6.12 	an advanced-low level or an intermediate high level of functional proficiency in listening, 
6.13 	speaking, reading, and writing on either assessments aligned with American Council on the 
6.14 	Teaching of Foreign Languages' (ACTFL) proficiency guidelines or on equivalent valid 
6.15 	and reliable assessments in one or more languages in addition to English. American Sign 
6.16 	Language is a language other than English for purposes of this subdivision and a world 
6.17 	language for purposes of subdivision 1a.
6.18 	(b) In addition to paragraph (a), to be eligible to receive a seal:
6.19 	(1) students must satisfactorily complete all required English language arts credits; and
6.20 	(2) students must demonstrate mastery of Minnesota's English language proficiency 
6.21 	standards.
6.22 	(c) Consistent with this subdivision, a high school student who demonstrates an 
6.23 	intermediate high ACTFL level of functional proficiency in one language in addition to 
6.24 	English is eligible to receive the state bilingual gold seal. A high school student who 
6.25 	demonstrates an intermediate high ACTFL level of functional native proficiency in more 
6.26 	than one language in addition to English is eligible to receive the state multilingual gold 
6.27 	seal. A high school student who demonstrates an advanced-low ACTFL level of functional 
6.28 	proficiency in one language in addition to English is eligible to receive the state bilingual 
6.29 	platinum seal. A high school student who demonstrates an advanced-low ACTFL level of 
6.30 	functional proficiency in more than one language in addition to English is eligible to receive 
6.31 	the state multilingual platinum seal.
7.1 	(d) School districts and charter schools may give students periodic opportunities to 
7.2 	demonstrate their level of proficiency in listening, speaking, reading, and writing in a 
7.3 	language in addition to English. Where valid and reliable assessments are unavailable, a 
7.4 	school district or charter school may rely on evaluators trained in assessing under ACTFL 
7.5 	proficiency guidelines to assess a student's level of foreign, heritage, or indigenous language 
7.6 	proficiency under this section. School districts and charter schools must maintain appropriate 
7.7 	records to identify high school students eligible to receive the state bilingual or multilingual 
7.8 	gold and platinum seals and world language proficiency certificates. School districts and 
7.9 	charter schools must annually report to the department all seals and world language 
7.10 	proficiency certificates by categories of student race, English learner status, free and 
7.11 	reduced-price lunch status, and disability status. The school district or charter school must 
7.12 	affix indicate the appropriate seal to or certificate and corresponding number of college 
7.13 	semesters earned at Minnesota State Colleges and Universities on the transcript of each 
7.14 	high school student who meets the requirements of this subdivision and may affix the seal 
7.15 	to the student's diploma. A school district or charter school must not charge the high school 
7.16 	student a fee for this seal.
7.17 	(e) A school district or charter school may award elective course credits in world 
7.18 	languages to a student who demonstrates the requisite proficiency in a language other than 
7.19 	English under this section.
7.20 	(f) A school district or charter school may award community service credit to a student 
7.21 	who demonstrates an intermediate high or advanced-low ACTFL level of functional 
7.22 	proficiency in listening, speaking, reading, and writing in a language other than English 
7.23 	and who participates in community service activities that are integrated into the curriculum, 
7.24 	involve the participation of teachers, and support biliteracy in the school or local community.
7.25 	(g) The commissioner must list on the web page those assessments that are aligned to 
7.26 	ACTFL proficiency guidelines.
7.27 	(h) By August 1, 2015, the colleges and universities of the Minnesota State Colleges 
7.28 	and Universities system must establish criteria to translate the seals into college credits 
7.29 	based on the world language course equivalencies identified by the Minnesota State Colleges 
7.30 	and Universities faculty and staff and, upon request from an enrolled student, the Minnesota 
7.31 	State Colleges and Universities may award foreign language credits to a student who receives 
7.32 	a Minnesota World Language Proficiency Certificate under subdivision 1a. A student who 
7.33 	demonstrated the requisite level of language proficiency in grade 10, 11, or 12 to receive a 
7.34 	seal or certificate and is enrolled in a Minnesota State Colleges and Universities institution 
7.35 	must request college credits for the student's seal or proficiency certificate within three 
8.1 	academic years after graduating from high school. The University of Minnesota is encouraged 
8.2 	to award students foreign language academic credits consistent with this paragraph.

8.3 	Sec. 6. Minnesota Statutes 2019 Supplement, section 120B.024, subdivision 1, is amended 
8.4 	to read:
8.5 		Subdivision 1.Graduation requirements. (a) Students beginning 9th grade in the 
8.6 	2011-2012 school year and later must successfully complete the following high school level 
8.7 	credits for graduation:
8.8 	(1) four credits of language arts sufficient to satisfy all of the academic standards in 
8.9 	English language arts;
8.10 	(2) three credits of mathematics, including an algebra II credit or its equivalent, sufficient 
8.11 	to satisfy all of the academic standards in mathematics;
8.12 	(3) an algebra I credit by the end of 8th grade sufficient to satisfy all of the 8th grade 
8.13 	standards in mathematics. The credit does not earn high school credit;
8.14 	(4) three credits of science, including at least one credit of biology, one credit of chemistry 
8.15 	or physics, and one elective credit of earth and space science beginning with the 9th grade 
8.16 	class in the 2023-2024 school year. The combination of credits under this clause must be 
8.17 	sufficient to satisfy (i) all of the academic standards in either chemistry or physics and (ii) 
8.18 	all other academic standards in science;
8.19 	(5) three and one-half credits of social studies, encompassing at least United States 
8.20 	history, geography, government and citizenship, world history, and economics sufficient 
8.21 	to satisfy all of the academic standards in social studies;
8.22 	(6) one credit of the arts sufficient to satisfy all of the state or local academic standards 
8.23 	in the arts; and
8.24 	(7) one credit of physical education sufficient to satisfy all the academic standards in 
8.25 	physical education; and
8.26 	(7) (8) a minimum of seven six elective credits.
8.27 	(b) A school district is encouraged to offer a course for credit in government and 
8.28 	citizenship to 11th or 12th grade students who begin 9th grade in the 2020-2021 school year 
8.29 	and later, that satisfies the government and citizenship requirement in paragraph (a), clause 
8.30 	(5).

9.1 	Sec. 7. Minnesota Statutes 2018, section 120B.024, is amended by adding a subdivision 
9.2 	to read:
9.3 		Subd. 3.Students experiencing homelessness. (a) To ensure that students experiencing 
9.4 	homelessness, as defined in section 119B.011, subdivision 13b, do not face additional 
9.5 	barriers to their educational success or graduation, a district or charter school must award 
9.6 	a high school diploma to a student who has experienced homelessness in high school when 
9.7 	the student satisfies the state graduation requirements defined in section 120B.02, subdivision 
9.8 	2, regardless of whether the student satisfies additional graduation requirements established 
9.9 	by the district or charter school that exceed the state graduation requirements.
9.10 	(b) A district or charter school must ensure that a student experiencing homelessness 
9.11 	receives priority enrollment in courses for which the student is otherwise eligible, courses 
9.12 	that are required for or contribute to satisfying graduation requirements, and courses that 
9.13 	may have been partially completed in another school, district, or charter school.

9.14 	EFFECTIVE DATE. This section is effective for the 2020-2021 school year and later.

9.15 	Sec. 8. Minnesota Statutes 2018, section 120B.11, subdivision 2, is amended to read:
9.16 		Subd. 2.Adopting plans and budgets.  A school board, at a public meeting, shall must
9.17 	adopt a comprehensive, long-term strategic plan to support and improve teaching and 
9.18 	learning that is aligned with creating the world's best workforce and includes:
9.19 	(1) clearly defined district and school site goals and benchmarks for instruction and 
9.20 	student achievement for all student subgroups identified in section 120B.35, subdivision 3, 
9.21 	paragraph (b), clause (2);
9.22 	(2) a process to assess and evaluate each student's progress toward meeting state and 
9.23 	local academic standards, assess and identify students to participate in gifted and talented 
9.24 	programs and accelerate their instruction, and adopt early-admission procedures consistent 
9.25 	with section 120B.15, and identifying the strengths and weaknesses of instruction in pursuit 
9.26 	of student and school success and curriculum affecting students' progress and growth toward 
9.27 	career and college readiness and leading to the world's best workforce;
9.28 	(3) a system to periodically review and evaluate the effectiveness of all instruction and 
9.29 	curriculum, taking into account strategies and best practices, student outcomes, school 
9.30 	principal evaluations under section 123B.147, subdivision 3, students' access to effective 
9.31 	teachers who are members of populations underrepresented among the licensed teachers in 
9.32 	the district or school and who reflect the diversity of enrolled students under section 120B.35, 
10.1 	subdivision 3, paragraph (b), clause (2), and teacher evaluations under section 122A.40, 
10.2 	subdivision 8, or 122A.41, subdivision 5;
10.3 	(4) strategies for improving instruction, curriculum, and student achievement, including 
10.4 	(i) the English and, where practicable, the native language development and the academic 
10.5 	achievement of English learners;, and (ii) for all learners, access to culturally relevant or 
10.6 	ethnic studies curriculum using culturally responsive methodologies;
10.7 	(5) a process to examine the equitable distribution of teachers and strategies to ensure 
10.8 	low-income and minority children from low-income families, families of color, and American 
10.9 	Indian families are not taught at higher rates than other children by inexperienced, ineffective, 
10.10 	or out-of-field teachers;
10.11 	(6) education effectiveness practices that integrate high-quality instruction,; rigorous 
10.12 	curriculum,; technology,; inclusive and respectful learning and work environments for all 
10.13 	students, families, and staff; and a collaborative professional culture that develops and 
10.14 	supports retains qualified and racially, ethnically, and linguistically diverse staff effective 
10.15 	at working with diverse students while developing and supporting teacher quality, 
10.16 	performance, and effectiveness; and
10.17 	(7) an annual budget for continuing to implement the district plan.

10.18 	EFFECTIVE DATE. This section is effective for all strategic plans reviewed and 
10.19 	updated after the day of final enactment.

10.20 	Sec. 9. Minnesota Statutes 2018, section 120B.11, subdivision 3, is amended to read:
10.21 		Subd. 3.District advisory committee. Each school board shall must establish an advisory 
10.22 	committee to ensure active community participation in all phases of planning and improving 
10.23 	the instruction and curriculum affecting state and district academic standards, consistent 
10.24 	with subdivision 2. A district advisory committee, to the extent possible, shall must reflect 
10.25 	the diversity of the district and its school sites, include teachers, parents, support staff, 
10.26 	students, and other community residents, and provide translation to the extent appropriate 
10.27 	and practicable. The district advisory committee shall must pursue community support to 
10.28 	accelerate the academic and native literacy and achievement of English learners with varied 
10.29 	needs, from young children to adults, consistent with section 124D.59, subdivisions 2 and 
10.30 	2a. The district may establish site teams as subcommittees of the district advisory committee 
10.31 	under subdivision 4. The district advisory committee shall must recommend to the school 
10.32 	board rigorous academic standards,; student achievement goals and measures consistent 
10.33 	with subdivision 1a and sections 120B.022, subdivisions 1a and 1b, and 120B.35,; district 
11.1 	assessments,; means to improve students' equitable access to effective and more diverse 
11.2 	teachers,; strategies to ensure the curriculum and learning and work environments are 
11.3 	inclusive and respectful toward all racial and ethnic groups; and program evaluations. School 
11.4 	sites may expand upon district evaluations of instruction, curriculum, assessments, or 
11.5 	programs. Whenever possible, parents and other community residents shall must comprise 
11.6 	at least two-thirds of advisory committee members.

11.7 	EFFECTIVE DATE. This section is effective for all strategic plans reviewed and 
11.8 	updated after the day of final enactment.

11.9 	Sec. 10. Minnesota Statutes 2018, section 120B.15, is amended to read:
11.10 	120B.15 GIFTED AND TALENTED STUDENTS PROGRAMS.
11.11 	(a) School districts may identify students, locally develop programs or services addressing 
11.12 	instructional and affective needs, provide staff development, and evaluate programs or 
11.13 	services to provide gifted and talented students with challenging and appropriate educational 
11.14 	programs or services.
11.15 	(b) School districts must adopt guidelines for assessing and identifying students for 
11.16 	participation in gifted and talented programs consistent with section 120B.11, subdivision 
11.17 	2, clause (2). The guidelines should include the use of:
11.18 	(1) multiple and objective criteria; and
11.19 	(2) assessments and procedures that are valid and reliable, fair, and based on current 
11.20 	theory and research. Assessments and procedures should must be sensitive and equitable
11.21 	to underrepresented groups, including, but not limited to, low-income students, minority
11.22 	students of color and American Indian students, twice-exceptional students, students with 
11.23 	504 plans, and English learners. Assessments and procedures must be coordinated to allow 
11.24 	for optimal identification of programs or services for these underrepresented students.
11.25 	(c) School districts must adopt procedures for the academic acceleration of gifted and 
11.26 	talented students consistent with section 120B.11, subdivision 2, clause (2). These procedures 
11.27 	must include how the district will:
11.28 	(1) assess a student's readiness and motivation for acceleration; and
11.29 	(2) match the level, complexity, and pace of the curriculum to a student to achieve the 
11.30 	best type of academic acceleration for that student.
11.31 	(d) School districts must adopt procedures consistent with section 124D.02, subdivision 
11.32 	1, for early admission to kindergarten or first grade of gifted and talented learners consistent 
12.1 	with section 120B.11, subdivision 2, clause (2). The procedures must be sensitive to 
12.2 	underrepresented groups.

12.3 	Sec. 11. [120B.25] CURRICULUM POLICY.
12.4 	A school board must adopt a written policy that prohibits discrimination or discipline 
12.5 	for a teacher or principal on the basis of incorporating into curriculum contributions by 
12.6 	persons in a federally protected class or protected class under section 363A.13, consistent 
12.7 	with local collective bargaining agreements and sections 121A.41 to 121A.56.

12.8 	Sec. 12. Minnesota Statutes 2019 Supplement, section 124D.59, subdivision 2a, is amended 
12.9 	to read:
12.10 		Subd. 2a.English learner; interrupted formal education. Consistent with subdivision 
12.11 	2, an English learner includes an English learner with an interrupted formal education who 
12.12 	meets three of the following five requirements: means a pupil who has at least two years 
12.13 	less schooling than the pupil's peers and enters school in the United States after grade 3.
12.14 	(1) comes from a home where the language usually spoken is other than English, or 
12.15 	usually speaks a language other than English;
12.16 	(2) enters school in the United States after grade 6;
12.17 	(3) has at least two years less schooling than the English learner's peers;
12.18 	(4) functions at least two years below expected grade level in reading and mathematics; 
12.19 	and
12.20 	(5) may be preliterate in the English learner's native language.

12.21 	Sec. 13. Minnesota Statutes 2018, section 124D.861, subdivision 2, is amended to read:
12.22 		Subd. 2.Plan implementation; components. (a) The school board of each eligible 
12.23 	district must formally develop and implement a long-term plan under this section. The plan 
12.24 	must be incorporated into the district's comprehensive strategic plan under section 120B.11. 
12.25 	Plan components may include: innovative and integrated prekindergarten through grade 12 
12.26 	learning environments that offer students school enrollment choices; family engagement 
12.27 	initiatives that involve families in their students' academic life and success; professional 
12.28 	development opportunities for teachers and administrators focused on improving the academic 
12.29 	achievement of all students, including teachers and administrators who are members of 
12.30 	populations underrepresented among the licensed teachers or administrators in the district 
12.31 	or school and who reflect the diversity of students under section 120B.35, subdivision 3, 
13.1 	paragraph (b), clause (2), who are enrolled in the district or school; increased programmatic 
13.2 	opportunities and effective and more diverse instructors focused on rigor and college and 
13.3 	career readiness for underserved students, including students enrolled in alternative learning 
13.4 	centers under section 123A.05, public alternative programs under section 126C.05, 
13.5 	subdivision 15, and contract alternative programs under section 124D.69, among other 
13.6 	underserved students; or recruitment and retention of teachers and administrators with 
13.7 	diverse racial and ethnic backgrounds.
13.8 	(b) The plan must contain goals for:
13.9 	(1) reducing the disparities in academic achievement and in equitable access to effective 
13.10 	and more diverse teachers among all students and specific categories of students under 
13.11 	section 120B.35, subdivision 3, paragraph (b), excluding the student categories of gender, 
13.12 	disability, and English learners; and
13.13 	(2) increasing racial and economic diversity and integration in schools and districts.
13.14 	(c) The plan must include strategies to make schools' curriculum and learning and work 
13.15 	environments more inclusive and respectful of students' racial, ethnic, and linguistic diversity 
13.16 	and to address issues of structural inequities in schools that create opportunity and 
13.17 	achievement gaps for students, families, and staff who are of color or who are American 
13.18 	Indian. Examples of possible structural inequities include but are not limited to policies and 
13.19 	practices that unintentionally result in disparate referrals and suspension, inequitable access 
13.20 	to advanced coursework, overrepresentation in lower level coursework, inequitable 
13.21 	participation in cocurricular activities, inequitable parent involvement, and lack of access 
13.22 	to racially and ethnically diverse teachers.
13.23 	(d) Plan components and strategies should be informed by local data and may include 
13.24 	but are not limited to the following efforts:
13.25 	(1) innovative and integrated prekindergarten through grade 12 learning environments 
13.26 	that offer students school enrollment choices;
13.27 	(2) family engagement initiatives that involve families in their students' academic life 
13.28 	and success, and improve relations between home and school;
13.29 	(3) creating opportunities for students, families, staff, and community members who are 
13.30 	of color or American Indian to share their experiences in the school setting with school staff 
13.31 	and administration to inform development of specific proposals for making school 
13.32 	environments  more inclusive and respectful toward all students, families, and staff;
14.1 	(4) professional development opportunities for teachers and administrators focused on 
14.2 	improving the academic achievement of all students, including knowledge, skills, and 
14.3 	dispositions needed to be culturally responsive and successfully serve students who are 
14.4 	from diverse racial, ethnic, and linguistic backgrounds;
14.5 	(5) recruitment and retention of teachers, administrators, cultural and family liaisons, 
14.6 	paraprofessionals, and other nonlicensed staff from racial, ethnic, and linguistic backgrounds 
14.7 	represented in the student population to strengthen relationships with all students, families, 
14.8 	and other members of the community;
14.9 	(6) examining academic and discipline data, reexamining institutional policies and 
14.10 	practices that result in opportunity and achievement disparities between racial and ethnic 
14.11 	groups, and making necessary changes that increase access, meaningful participation, 
14.12 	representation, and positive outcomes for students of color, American Indian students, and 
14.13 	students who qualify for free or reduced-price lunch;
14.14 	(7) increased programmatic opportunities and effective and more diverse instructors 
14.15 	focused on rigor and college and career readiness for underserved students, including but 
14.16 	not limited to students enrolled in alternative learning centers under section 123A.05, public 
14.17 	alternative programs under section 126C.05, subdivision 15, and contract alternative programs 
14.18 	under section 124D.69;
14.19 	(8) developing or expanding ethnic studies course offerings to provide all students with 
14.20 	in-depth opportunities to learn about their own and others' cultures and historical experiences; 
14.21 	or
14.22 	(9) examining and revising curricula in various subjects to be culturally relevant and 
14.23 	inclusive of various racial and ethnic groups while meeting state academic standards.
14.24 	(b) (e) Among other requirements, an eligible district must implement effective, 
14.25 	research-based interventions that include formative assessment practices to reduce the 
14.26 	disparities in student academic performance among the specific categories of students as 
14.27 	measured by student progress and growth on state reading and math assessments and as 
14.28 	aligned with section 120B.11.
14.29 	(c) (f) Eligible districts must create efficiencies and eliminate duplicative programs and 
14.30 	services under this section, which may include forming collaborations or a single, 
14.31 	seven-county metropolitan areawide partnership of eligible districts for this purpose.

14.32 	EFFECTIVE DATE. This section is effective for all plans reviewed and updated after 
14.33 	the day of final enactment.

15.1 	ARTICLE 2
15.2 	SAFE AND NURTURING SCHOOLS FOR EVERY STUDENT

15.3 	Section 1. Minnesota Statutes 2018, section 120A.22, subdivision 7, is amended to read:
15.4 		Subd. 7.Education records. (a) A district, a charter school, or a nonpublic school that 
15.5 	receives services or aid under sections 123B.40 to 123B.48 from which a student is 
15.6 	transferring must transmit the student's educational records, within ten business days of a 
15.7 	request, to the district, the charter school, or the nonpublic school in which the student is 
15.8 	enrolling. Districts, charter schools, and nonpublic schools that receive services or aid under 
15.9 	sections 123B.40 to 123B.48 must make reasonable efforts to determine the district, the 
15.10 	charter school, or the nonpublic school in which a transferring student is next enrolling in 
15.11 	order to comply with this subdivision.
15.12 	(b) A closed charter school must transfer the student's educational records, within ten 
15.13 	business days of the school's closure, to the student's school district of residence where the 
15.14 	records must be retained unless the records are otherwise transferred under this subdivision.
15.15 	(c) A school district, a charter school, or a nonpublic school that receives services or aid 
15.16 	under sections 123B.40 to 123B.48 that transmits a student's educational records to another 
15.17 	school district or other educational entity, charter school, or nonpublic school to which the 
15.18 	student is transferring must include in the transmitted records information about any formal 
15.19 	suspension, expulsion, and exclusion disciplinary action as well as pupil withdrawals under 
15.20 	sections 121A.40 to 121A.56. Transmitted records must document any service a pupil 
15.21 	requires to prevent the inappropriate behavior from recurring. The district, the charter school, 
15.22 	or the nonpublic school that receives services or aid under sections 123B.40 to 123B.48
15.23 	must provide notice to a student and the student's parent or guardian that formal disciplinary 
15.24 	records will be transferred as part of the student's educational record, in accordance with 
15.25 	data practices under chapter 13 and the Family Educational Rights and Privacy Act of 1974, 
15.26 	United States Code, title 20, section 1232(g).
15.27 	(d) Notwithstanding section 138.17, a principal or chief administrative officer must 
15.28 	remove from a student's educational record and destroy a probable cause notice received 
15.29 	under section 260B.171, subdivision 5, or paragraph (e), if one year has elapsed since the 
15.30 	date of the notice and the principal or chief administrative officer has not received a 
15.31 	disposition or court order related to the offense described in the notice. This paragraph does 
15.32 	not apply if the student no longer attends the school when this one-year period expires.
15.33 	(e) A principal or chief administrative officer who receives a probable cause notice under 
15.34 	section 260B.171, subdivision 5, or a disposition or court order, must include a copy of that 
16.1 	data in the student's educational records if they are transmitted to another school, unless the 
16.2 	data are required to be destroyed under paragraph (d) or section 121A.75.

16.3 	Sec. 2. Minnesota Statutes 2018, section 120A.40, is amended to read:
16.4 	120A.40 SCHOOL CALENDAR.
16.5 	(a) Except for learning programs during summer, flexible learning year programs 
16.6 	authorized under sections 124D.12 to 124D.127, and learning year programs under section 
16.7 	124D.128, a district must not commence an elementary or secondary school year before 
16.8 	Labor Day, except as provided under paragraph (b). Days devoted to teachers' workshops 
16.9 	may be held before Labor Day. Districts that enter into cooperative agreements are 
16.10 	encouraged to adopt similar school calendars.
16.11 	(b) A district may begin the school year on any day before Labor Day:
16.12 	(1) to accommodate a construction or remodeling project of $400,000 or more affecting 
16.13 	a district school facility;
16.14 	(2) if the district has an agreement under section 123A.30, 123A.32, or 123A.35 with a 
16.15 	district that qualifies under clause (1); or
16.16 	(3) if the district agrees to the same schedule with a school district in an adjoining state.
16.17 	(c) A school board may consider the community's religious or cultural observances when 
16.18 	adopting an annual school calendar.

16.19 	Sec. 3. Minnesota Statutes 2018, section 121A.031, subdivision 5, is amended to read:
16.20 		Subd. 5.Safe and supportive schools programming. (a) Districts and schools are 
16.21 	encouraged to provide developmentally appropriate programmatic instruction to help students 
16.22 	identify, prevent, and reduce prohibited conduct; value diversity in school and society; 
16.23 	develop and improve students' knowledge and skills for solving problems, managing conflict, 
16.24 	engaging in civil discourse, and recognizing, responding to, and reporting prohibited conduct; 
16.25 	and make effective prevention and intervention programs available to students. Upon request, 
16.26 	the school safety technical assistance center under section 127A.052 must assist a district 
16.27 	or school in helping students understand social media and cyberbullying. Districts and 
16.28 	schools must establish strategies for creating a positive school climate and use evidence-based 
16.29 	social-emotional learning to prevent and reduce discrimination and other improper conduct.
16.30 	(b) Districts and schools are encouraged to must:
16.31 	(1) engage all students in creating a safe and supportive school environment;
17.1 	(2) partner with parents and other community members to develop and implement 
17.2 	prevention and intervention programs;
17.3 	(3) engage all students and adults in integrating education, intervention, and other 
17.4 	remedial responses into the school environment;
17.5 	(4) train student bystanders to intervene in and report incidents of prohibited conduct to 
17.6 	the school's primary contact person;
17.7 	(5) teach students to advocate for themselves and others;
17.8 	(6) prevent inappropriate referrals to special education of students who may engage in 
17.9 	prohibited conduct; and
17.10 	(7) foster student collaborations that foster a safe and supportive school climate.

17.11 	Sec. 4. Minnesota Statutes 2018, section 121A.031, subdivision 6, is amended to read:
17.12 		Subd. 6.State model policy. (a) The commissioner, in consultation with the 
17.13 	commissioner of human rights, shall develop and maintain a state model policy. A district 
17.14 	or school that does not adopt and implement a local policy under subdivisions 3 to 5 must 
17.15 	implement and may supplement the provisions of the state model policy. The commissioner 
17.16 	must assist districts and schools under this subdivision to implement the state policy. The 
17.17 	state model policy must:
17.18 	(1) define prohibited conduct, consistent with this section;
17.19 	(2) apply the prohibited conduct policy components in this section;
17.20 	(3) for a child with a disability, whenever an evaluation by an individualized education 
17.21 	program team or a section 504 team indicates that the child's disability affects the child's 
17.22 	social skills development or the child is vulnerable to prohibited conduct because of the 
17.23 	child's disability, the child's individualized education program or section 504 plan may 
17.24 	address the skills and proficiencies the child needs to not engage in and respond to such 
17.25 	conduct; and
17.26 	(4) encourage violence prevention and character development education programs under 
17.27 	section 120B.232, subdivision 1.
17.28 	(b) The commissioner shall develop and post departmental procedures for:
17.29 	(1) periodically reviewing district and school programs and policies for compliance with 
17.30 	this section;
18.1 	(2) investigating, reporting, and responding to noncompliance with this section, which 
18.2 	may include an annual review of plans to improve and provide a safe and supportive school 
18.3 	climate; and
18.4 	(3) allowing students, parents, and educators to file a complaint about noncompliance 
18.5 	with the commissioner.
18.6 	(c) The commissioner must post on the department's website information indicating that 
18.7 	when districts and schools allow non-curriculum-related student groups access to school 
18.8 	facilities, the district or school must give all student groups equal access to the school 
18.9 	facilities regardless of the content of the group members' speech.
18.10 	(d) The commissioner must develop and maintain resources to assist a district or school 
18.11 	in implementing strategies for creating a positive school climate and using evidence-based 
18.12 	social-emotional learning to prevent and reduce discrimination and other improper conduct.
18.13 	(e) The commissioner must develop and adopt state level standards for social, emotional, 
18.14 	and cognitive development.

18.15 	Sec. 5. [121A.391] SENSORY, SERENITY, OR PRAYER ROOMS.
18.16 	(a) School districts and charter schools are required to adopt a policy, consistent with 
18.17 	their student population, that considers providing sensory rooms to students when it is in 
18.18 	the best interest of students.
18.19 	(b) School districts and charter schools are required to adopt a policy, consistent with 
18.20 	their student population, that considers providing serenity or prayer rooms to students.

18.21 	Sec. 6. Minnesota Statutes 2018, section 121A.41, subdivision 10, is amended to read:
18.22 		Subd. 10.Suspension. (a) "In-school suspension" means an instance in which a pupil 
18.23 	is temporarily removed from the pupil's regular classroom for at least half a day for 
18.24 	disciplinary purposes, but remains under the direct supervision of school personnel. "Direct 
18.25 	supervision" means school personnel are physically present in the same location as the pupil 
18.26 	under supervision.
18.27 	"Suspension" (b) "Out-of-school suspension" means an action by the school 
18.28 	administration, under rules promulgated by the school board, prohibiting a pupil from 
18.29 	attending school for a period of no more than ten school days. If a suspension is longer than 
18.30 	five days, the suspending administrator must provide the superintendent with a reason for 
18.31 	the longer suspension. This definition does not apply to dismissal from school for less than
18.32 	one school day or less, except as provided in federal law for a student with a disability. Each 
19.1 	suspension action may include a readmission plan. The readmission plan shall include, 
19.2 	where appropriate, a provision for implementing alternative educational services upon 
19.3 	readmission and may not be used to extend the current suspension. Consistent with section 
19.4 	125A.091, subdivision 5, the readmission plan must not obligate a parent to provide a 
19.5 	sympathomimetic medication for the parent's child as a condition of readmission. The school 
19.6 	administration may not impose consecutive suspensions against the same pupil for the same 
19.7 	course of conduct, or incident of misconduct, except where the pupil will create an immediate 
19.8 	and substantial danger to self or to surrounding persons or property, or where the district is 
19.9 	in the process of initiating an expulsion, in which case the school administration may extend 
19.10 	the suspension to a total of 15 school days.

19.11 	Sec. 7. Minnesota Statutes 2018, section 121A.41, is amended by adding a subdivision to 
19.12 	read:
19.13 		Subd. 12.Nonexclusionary disciplinary policies and practices; alternatives to pupil 
19.14 	removal and dismissal. "Nonexclusionary disciplinary policies and practices" means 
19.15 	policies and practices that are alternatives to removing a pupil from class or dismissing a 
19.16 	pupil from school. Nonexclusionary disciplinary policies and practices include but are not 
19.17 	limited to evidence-based positive behavior interventions and supports, social and emotional 
19.18 	services, school-linked mental health services, counseling services, social work services, 
19.19 	referrals for special education or 504 evaluations, academic screening for title one services 
19.20 	or reading interventions, and alternative education services. Nonexclusionary disciplinary 
19.21 	policies and practices require school officials to intervene in, redirect, and support a pupil's 
19.22 	behavior before removing a pupil from class or beginning dismissal proceedings. 
19.23 	Nonexclusionary disciplinary policies and practices also include but are not limited to the 
19.24 	policies and practices under sections 120B.12; 121A.575, clauses (1) and (2); 121A.031, 
19.25 	subdivision 4, paragraph (a), clause (1); 121A.61, subdivision 3, paragraph (q); 122A.627, 
19.26 	clause (3); and 123A.56.

19.27 	Sec. 8. Minnesota Statutes 2018, section 121A.41, is amended by adding a subdivision to 
19.28 	read:
19.29 		Subd. 13.Pupil withdrawal agreement. "Pupil withdrawal agreement" means a verbal 
19.30 	or written agreement between a school or district administrator and a pupil's parent or 
19.31 	guardian to withdraw a student from the school district to avoid expulsion or exclusion 
19.32 	dismissal proceedings. The duration of the withdrawal agreement cannot be for more than 
19.33 	a 12-month period.

20.1 	EFFECTIVE DATE. This section is effective for the 2020-2021 school year and later.

20.2 	Sec. 9. [121A.425] FULL AND EQUITABLE PARTICIPATION IN PRESCHOOL 
20.3 	AND PREKINDERGARTEN.
20.4 		Subdivision 1.Disciplinary dismissals prohibited. A school district or charter school 
20.5 	must prohibit the disciplinary dismissal of a child enrolled in a preschool or prekindergarten 
20.6 	program, including a child participating in early childhood family education, school readiness, 
20.7 	school readiness plus, voluntary prekindergarten, Head Start, or other school-based preschool 
20.8 	or prekindergarten program.
20.9 		Subd. 2.Nonexclusionary discipline. School district or charter school staff must ensure 
20.10 	that a child fully participates in a preschool or prekindergarten program described in 
20.11 	subdivision 1 by providing one or more of the following services:
20.12 	(1) collaborating with the child's family or guardian, child mental health consultant or 
20.13 	provider, education specialist, or other community-based support;
20.14 	(2) creating a plan, written with the parent or guardian, that details the action and support 
20.15 	needed for the child to fully participate in a preschool or prekindergarten program;
20.16 	(3) providing a referral for needed support services, including parenting education, home 
20.17 	visits, or other supportive educational interventions; or
20.18 	(4) determining if a referral for special education is appropriate for the child.

20.19 	Sec. 10. Minnesota Statutes 2018, section 121A.45, subdivision 1, is amended to read:
20.20 		Subdivision 1.Provision of alternative programs. No school shall dismiss any pupil 
20.21 	without attempting to provide alternative educational services use nonexclusionary 
20.22 	disciplinary policies and practices before dismissal proceedings or pupil withdrawal 
20.23 	proceedings, except where it appears that the pupil will create an immediate and substantial 
20.24 	danger to self or to surrounding persons or property.

20.25 	EFFECTIVE DATE. This section is effective for the 2020-2021 school year and later.

20.26 	Sec. 11. Minnesota Statutes 2018, section 121A.46, subdivision 4, is amended to read:
20.27 		Subd. 4.Suspension pending expulsion or exclusion hearing. (a) Notwithstanding 
20.28 	the provisions of subdivisions 1 and 3, the pupil may be suspended pending the school 
20.29 	board's decision in the expulsion or exclusion hearing; provided that alternative educational 
20.30 	services are implemented to the extent that suspension exceeds five days.
21.1 	(b) A school administrator must ensure that alternative educational services are provided 
21.2 	when a pupil is suspended for more than five consecutive school days.

21.3 	Sec. 12. Minnesota Statutes 2018, section 121A.46, is amended by adding a subdivision 
21.4 	to read:
21.5 		Subd. 5.Minimum education services. A suspended pupil must have the opportunity 
21.6 	to complete all school work assigned during the period of the pupil's suspension and to 
21.7 	receive full credit for satisfactorily completing the assignments. When a class assignment 
21.8 	is modified due to the pupil not being physically present in the classroom setting, the modified 
21.9 	assignment must address the same standards as the original assignment and provide the 
21.10 	pupil with the same amount of credit when completed. A school principal or other person 
21.11 	with administrative control of the school building or program is encouraged to designate a 
21.12 	district or school employee as a liaison to work with the pupil's teacher to allow the suspended 
21.13 	pupil to (1) receive timely course materials and other information, and (2) complete daily 
21.14 	and weekly assignments and receive feedback from the teacher as appropriate.

21.15 	EFFECTIVE DATE. This section is effective for the 2020-2021 school year and later.

21.16 	Sec. 13. Minnesota Statutes 2018, section 121A.47, subdivision 2, is amended to read:
21.17 		Subd. 2.Written notice. Written notice of intent to take action shall:
21.18 	(a) be served upon the pupil and the pupil's parent or guardian personally or by mail;
21.19 	(b) contain a complete statement of the facts, a list of the witnesses and a description of 
21.20 	their testimony;
21.21 	(c) state the date, time, and place of the hearing;
21.22 	(d) be accompanied by a copy of sections 121A.40 to 121A.56;
21.23 	(e) describe alternative educational services the nonexclusionary disciplinary practices
21.24 	accorded the pupil in an attempt to avoid the expulsion proceedings; and
21.25 	(f) inform the pupil and parent or guardian of the right to:
21.26 	(1) have a representative of the pupil's own choosing, including legal counsel, at the 
21.27 	hearing. The district shall must advise the pupil's parent or guardian that free or low-cost 
21.28 	legal assistance may be available and that a legal assistance resource list is available from 
21.29 	the Department of Education and is posted on their website;
21.30 	(2) examine the pupil's records before the hearing;
22.1 	(3) present evidence; and
22.2 	(4) confront and cross-examine witnesses.

22.3 	Sec. 14. Minnesota Statutes 2018, section 121A.47, subdivision 14, is amended to read:
22.4 		Subd. 14.Admission or readmission plan. (a) A school administrator shall must prepare 
22.5 	and enforce an admission or readmission plan for any pupil who is excluded or expelled 
22.6 	from school. The plan may must include measures to improve the pupil's behavior, including
22.7 	which may include completing a character education program, consistent with section 
22.8 	120B.232, subdivision 1, and social and emotional learning, counseling, social work services, 
22.9 	mental health services, referrals for special education or 504 evaluation, and evidence-based 
22.10 	academic interventions. The plan must require parental involvement in the admission or 
22.11 	readmission process, and may indicate the consequences to the pupil of not improving the 
22.12 	pupil's behavior.
22.13 	(b) The definition of suspension under section 121A.41, subdivision 10, does not apply 
22.14 	to a student's dismissal from school for less than one school day or less, except as provided 
22.15 	under federal law for a student with a disability. Each suspension action may include a 
22.16 	readmission plan. A readmission plan must provide, where appropriate, alternative education 
22.17 	services, which must not be used to extend the student's current suspension period. Consistent 
22.18 	with section 125A.091, subdivision 5, a readmission plan must not obligate a parent or 
22.19 	guardian to provide psychotropic drugs to their student as a condition of readmission. School 
22.20 	officials must not use the refusal of a parent or guardian to consent to the administration of 
22.21 	psychotropic drugs to their student or to consent to a psychiatric evaluation, screening or 
22.22 	examination of the student as a ground, by itself, to prohibit the student from attending class 
22.23 	or participating in a school-related activity, or as a basis of a charge of child abuse, child 
22.24 	neglect or medical or educational neglect.

22.25 	EFFECTIVE DATE. This section is effective for the 2020-2021 school year and later.

22.26 	Sec. 15. Minnesota Statutes 2018, section 121A.53, subdivision 1, is amended to read:
22.27 		Subdivision 1.Exclusions and expulsions; pupil withdrawals and physical 
22.28 	assaults. Consistent with subdivision 2, the school board must report through the department 
22.29 	electronic reporting system each exclusion or expulsion and, each physical assault of a 
22.30 	district employee by a student pupil, and each pupil withdrawal agreement within 30 days 
22.31 	of the effective date of the dismissal action, pupil withdrawal, or assault to the commissioner 
22.32 	of education. This report must include a statement of alternative educational services
22.33 	nonexclusionary disciplinary practices, or other sanction, intervention, or resolution in 
23.1 	response to the assault given the pupil and the reason for, the effective date, and the duration 
23.2 	of the exclusion or expulsion or other sanction, intervention, or resolution. The report must 
23.3 	also include the student's pupil's age, grade, gender, race, and special education status.

23.4 	EFFECTIVE DATE. This section is effective for the 2020-2021 school year and later.

23.5 	Sec. 16. Minnesota Statutes 2018, section 121A.55, is amended to read:
23.6 	121A.55 POLICIES TO BE ESTABLISHED.
23.7 	(a) The commissioner of education shall promulgate guidelines to assist each school 
23.8 	board. Each school board shall must establish uniform criteria for dismissal and adopt written 
23.9 	policies and rules to effectuate the purposes of sections 121A.40 to 121A.56. The policies 
23.10 	shall must include nonexclusionary disciplinary policies and practices consistent with section 
23.11 	121A.41, subdivision 12, and must emphasize preventing dismissals through early detection 
23.12 	of problems and shall. The policies must be designed to address students' inappropriate 
23.13 	behavior from recurring.
23.14 	(b) The policies shall must recognize the continuing responsibility of the school for the 
23.15 	education of the pupil during the dismissal period.
23.16 	(1) The school is responsible for ensuring that the alternative educational services, if 
23.17 	the pupil wishes to take advantage of them, provided to the pupil must be adequate to allow 
23.18 	the pupil to make progress towards toward meeting the graduation standards adopted under 
23.19 	section 120B.02 and help prepare the pupil for readmission, and is in accordance with section 
23.20 	121A.46, subdivision 5.
23.21 	(2) For an expulsion, exclusion, or pupil withdrawal agreement as defined in section 
23.22 	121A.41, subdivision 13:
23.23 	(i) The school district must review the pupil's school work and grades on a quarterly 
23.24 	basis to ensure the pupil is making progress toward readmission. A school district must 
23.25 	communicate on a regular basis with the pupil's parent or guardian to ensure the pupil is 
23.26 	completing the work assigned through the alternative educational services. If the pupil 
23.27 	enrolls and is admitted into a new school district during the dismissal period, this obligation 
23.28 	ends.
23.29 	(ii) If school-based mental health services are provided in the district under section 
23.30 	245.4889, a pupil remains eligible for those services until the pupil is enrolled in a new 
23.31 	district.
24.1 	(iii) The district must provide to the pupil's parent or guardian a list of mental health 
24.2 	and counseling services available to the pupil after expulsion. The list must also be posted 
24.3 	on the district or charter school website.
24.4 	(b) (c) An area learning center under section 123A.05 may not prohibit an expelled or 
24.5 	excluded pupil from enrolling solely because a district expelled or excluded the pupil. The 
24.6 	board of the area learning center may use the provisions of the Pupil Fair Dismissal Act to 
24.7 	exclude a pupil or to require an admission plan.
24.8 	(c) (d) Each school district shall develop a policy and report it to the commissioner on 
24.9 	the appropriate use of peace officers and crisis teams to remove students who have an 
24.10 	individualized education program from school grounds.

24.11 	Sec. 17. Minnesota Statutes 2019 Supplement, section 124D.09, subdivision 3, is amended 
24.12 	to read:
24.13 		Subd. 3.Definitions. For purposes of this section, the following terms have the meanings 
24.14 	given to them.
24.15 	(a) "Eligible institution" means a Minnesota public postsecondary institution, a private, 
24.16 	nonprofit two-year trade and technical school granting associate degrees, an opportunities 
24.17 	industrialization center accredited by an accreditor recognized by the United States 
24.18 	Department of Education, or a private, residential, two-year or four-year, liberal arts, 
24.19 	degree-granting college or university located in Minnesota. An eligible institution cannot 
24.20 	require or base any part of the admission decision on a student's race, color, creed, religion, 
24.21 	national origin, sex, age, marital status, status with regard to public assistance, sexual 
24.22 	orientation, disability, or gender.
24.23 	(b) "Course" means a course or program.
24.24 	(c) "Concurrent enrollment" means nonsectarian courses in which an eligible pupil under 
24.25 	subdivision 5 or 5b enrolls to earn both secondary and postsecondary credits, are taught by 
24.26 	a secondary teacher or a postsecondary faculty member, and are offered at a high school 
24.27 	for which the district is eligible to receive concurrent enrollment program aid under section 
24.28 	124D.091.

24.29 	Sec. 18. Minnesota Statutes 2018, section 124D.111, subdivision 4, is amended to read:
24.30 		Subd. 4.No fees. A participant that receives school lunch aid under this section must 
24.31 	make lunch available without charge to all participating students who qualify for free or 
24.32 	reduced-price meals. The participant must also ensure that any reminders for payment of 
25.1 	outstanding student meal balances do not demean or stigmatize not deny a school lunch to
25.2 	any child participating in the school lunch program whether or not that student has an 
25.3 	outstanding balance in the student's meal account.

25.4 	Sec. 19. Minnesota Statutes 2018, section 124D.111, is amended by adding a subdivision 
25.5 	to read:
25.6 		Subd. 5.Respectful treatment. (a) A participant that receives school lunch aid under 
25.7 	this section must provide meals to students in a respectful manner. The participant must 
25.8 	ensure that any reminder for payment of an outstanding student meal balance does not 
25.9 	demean or stigmatize any student participating in the school lunch program. Prohibited 
25.10 	reminders include but are not limited to dumping meals, withdrawing a meal that has been 
25.11 	served, announcing or listing a student's name publicly, or drawing attention to a student 
25.12 	with a sticker, stamp, pin, or other identification. The participant must not impose any other 
25.13 	restriction prohibited under section 123B.37 due to unpaid student meal balances. The 
25.14 	participant must not limit a student's (1) participation in any school activity, field trip, 
25.15 	activity club, other extracurricular activity, or graduation ceremony or other graduation 
25.16 	activity; or (2) access to any material, technology, or other item provided to a student due 
25.17 	to an unpaid student meal balance.
25.18 	(b) If the commissioner or the commissioner's designee determines a participant has 
25.19 	violated the requirement to provide meals to a participating student in a respectful manner, 
25.20 	the commissioner or the commissioner's designee must send a letter of noncompliance to 
25.21 	the participant. The participant is required to respond and, if applicable, remedy the practice 
25.22 	within 30 days of receipt of the letter.

25.23 	Sec. 20. [124D.792] GRADUATION CEREMONIES; TRIBAL REGALIA AND 
25.24 	OBJECTS OF CULTURAL SIGNIFICANCE.
25.25 	A school district or charter school must not prohibit an American Indian student from 
25.26 	wearing American Indian regalia, tribal regalia, or objects of cultural significance at 
25.27 	graduation ceremonies.

25.28 	Sec. 21. Minnesota Statutes 2018, section 124E.03, subdivision 2, is amended to read:
25.29 		Subd. 2.Certain federal, state, and local requirements. (a) A charter school shall 
25.30 	meet all federal, state, and local health and safety requirements applicable to school districts.
25.31 	(b) A school must comply with statewide accountability requirements governing standards 
25.32 	and assessments in chapter 120B.
26.1 	(c) A charter school must comply with the Minnesota Public School Fee Law, sections 
26.2 	123B.34 to 123B.39.
26.3 	(d) A charter school is a district for the purposes of tort liability under chapter 466.
26.4 	(e) A charter school must comply with the Pledge of Allegiance requirement under 
26.5 	section 121A.11, subdivision 3.
26.6 	(f) A charter school and charter school board of directors must comply with chapter 181 
26.7 	governing requirements for employment.
26.8 	(g) A charter school must comply with continuing truant notification under section 
26.9 	260A.03.
26.10 	(h) A charter school must develop and implement a teacher evaluation and peer review 
26.11 	process under section 122A.40, subdivision 8, paragraph (b), clauses (2) to (13), and place 
26.12 	students in classrooms in accordance with section 122A.40, subdivision 8, paragraph (d). 
26.13 	The teacher evaluation process in this paragraph does not create any additional employment 
26.14 	rights for teachers.
26.15 	(i) A charter school must adopt a policy, plan, budget, and process, consistent with 
26.16 	section 120B.11, to review curriculum, instruction, and student achievement and strive for 
26.17 	the world's best workforce.
26.18 	(j) A charter school is subject to and must comply with the Pupil Fair Dismissal Act, 
26.19 	sections 121A.40 to 121A.56.
26.20 	(k) A charter school is subject to and must comply with the uniform municipal contracting 
26.21 	law under section 471.345 in the same manner as a school district.

26.22 	ARTICLE 3
26.23 	QUALIFIED TEACHERS FOR EVERY STUDENT

26.24 	Section 1. [120B.117] INCREASING PERCENTAGE OF TEACHERS OF COLOR 
26.25 	AND AMERICAN INDIAN TEACHERS IN MINNESOTA.
26.26 		Subdivision 1.Purpose. This section sets short-term and long-term state goals for 
26.27 	increasing the percentage of teachers of color and American Indian teachers in Minnesota 
26.28 	and for ensuring all students have equitable access to effective and racially and ethnically 
26.29 	diverse teachers who reflect the diversity of students. The goals and report required under 
26.30 	this section are also important for meeting state goals for the world's best workforce under 
26.31 	section 120B.11, achievement and integration under section 124D.861, and higher education 
26.32 	attainment under section 135A.012, all of which have been established to close persistent 
27.1 	opportunity and achievement gaps that limit students' success in school and life and impede 
27.2 	the state's economic growth.
27.3 		Subd. 2.Equitable access to racially and ethnically diverse teachers. The percentage 
27.4 	of teachers who are of color or American Indian in Minnesota should increase at least two 
27.5 	percentage points per year to have a teaching workforce that more closely reflects the state's 
27.6 	increasingly diverse student population and to ensure all students have equitable access to 
27.7 	effective and diverse teachers by 2040.
27.8 		Subd. 3.Rights not created. The attainment goal in this section is not to the exclusion 
27.9 	of any other goals and does not confer a right or create a claim for any person.
27.10 		Subd. 4.Reporting. Beginning in 2020 and every even-numbered year thereafter, the 
27.11 	Professional Educator Licensing and Standards Board must collaborate with the Department 
27.12 	of Education and the Office of Higher Education to publish a summary report of each of 
27.13 	the programs they administer and any other programs receiving state appropriations that 
27.14 	have or include an explicit purpose of increasing the racial and ethnic diversity of the state's 
27.15 	teacher workforce to more closely reflect the diversity of students. The report must include 
27.16 	programs under sections 122A.2451, 122A.63, 122A.635, 122A.70, 124D.09, 124D.861, 
27.17 	136A.1275, and 136A.1791, along with any other programs or initiatives that receive state 
27.18 	appropriations to address the shortage of teachers of color and American Indian teachers. 
27.19 	The board must, in coordination with the Office of Higher Education and Department of 
27.20 	Education, provide policy and funding recommendations related to state-funded programs 
27.21 	to increase the recruitment, preparation, licensing, hiring, and retention of racially and 
27.22 	ethnically diverse teachers and the state's progress toward meeting or exceeding the goals 
27.23 	of this section. The report must also include recommendations for state policy and funding 
27.24 	needed to achieve the goals of this section, as well as plans for sharing the report and 
27.25 	activities of grant recipients, and opportunities among grant recipients of various programs 
27.26 	to share effective practices with each other. The 2020 report must include a recommendation 
27.27 	of whether a state advisory council should be established to address the shortage of racially 
27.28 	and ethnically diverse teachers and what the composition and charge of such an advisory 
27.29 	council would be if established. The board must consult with the state Indian Affairs Council 
27.30 	and other ethnic councils along with other community and stakeholder groups, including 
27.31 	students of color and American Indian students, in developing the report. By November 1 
27.32 	of each even-numbered year, the board must submit the report to the chairs and ranking 
27.33 	minority members of the legislative committees with jurisdiction over education and higher 
27.34 	education policy and finance. The report must be available to the public on the board's 
27.35 	website.

28.1 	Sec. 2. Minnesota Statutes 2018, section 122A.181, subdivision 5, is amended to read:
28.2 		Subd. 5.Limitations on license. (a) A Tier 1 license is limited to the content matter 
28.3 	indicated on the application for the initial Tier 1 license under subdivision 1, clause (2), and 
28.4 	limited to the district or charter school that requested the initial Tier 1 license.
28.5 	(b) A Tier 1 license does not bring an individual within the definition of a teacher for 
28.6 	purposes of section 122A.40, subdivision 1, or 122A.41, subdivision 1, clause (a).
28.7 	(c) A Tier 1 license does not bring an individual within the definition of a teacher under 
28.8 	section 179A.03, subdivision 18.

28.9 	Sec. 3. Minnesota Statutes 2018, section 122A.183, subdivision 2, is amended to read:
28.10 		Subd. 2.Coursework. A candidate for a Tier 3 license must meet the coursework 
28.11 	requirement by demonstrating one of the following:
28.12 	(1) completion of a Minnesota-approved teacher preparation program;
28.13 	(2) completion of a state-approved teacher preparation program that includes field-specific 
28.14 	student teaching equivalent to field-specific student teaching in Minnesota-approved teacher 
28.15 	preparation programs. The field-specific student teaching requirement does not apply to a 
28.16 	candidate that has two years of teaching experience;
28.17 	(3) submission of a content-specific licensure portfolio; or
28.18 	(4) a professional teaching license from another state, evidence that the candidate's 
28.19 	license is in good standing, and two years of teaching experience; or.
28.20 	(5) three years of teaching experience under a Tier 2 license and evidence of summative 
28.21 	teacher evaluations that did not result in placing or otherwise keeping the teacher on an 
28.22 	improvement process pursuant to section 122A.40, subdivision 8, or section 122A.41, 
28.23 	subdivision 5.

28.24 	Sec. 4. Minnesota Statutes 2018, section 122A.185, subdivision 1, is amended to read:
28.25 		Subdivision 1.Tests. (a) The Professional Educator Licensing and Standards Board 
28.26 	must adopt rules requiring a candidate to demonstrate a passing score on a board-adopted 
28.27 	examination of skills in reading, writing, and mathematics before being granted a Tier 4 
28.28 	teaching license under section 122A.184 to provide direct instruction to pupils in elementary, 
28.29 	secondary, or special education programs. Candidates may obtain a Tier 1, Tier 2, or Tier 
28.30 	3 license to provide direct instruction to pupils in elementary, secondary, or special education 
29.1 	programs if candidates meet the other requirements in section 122A.181, 122A.182, or 
29.2 	122A.183, respectively.
29.3 	(b) (a) The board must adopt rules requiring candidates for Tier 3 and Tier 4 licenses to 
29.4 	pass an examination of general pedagogical knowledge and examinations of licensure field 
29.5 	specific content. The content examination requirement does not apply if no relevant content 
29.6 	exam exists.
29.7 	(c) (b) Candidates for initial Tier 3 and Tier 4 licenses to teach elementary students must 
29.8 	pass test items assessing the candidates' knowledge, skill, and ability in comprehensive, 
29.9 	scientifically based reading instruction under section 122A.06, subdivision 4, knowledge 
29.10 	and understanding of the foundations of reading development, development of reading 
29.11 	comprehension and reading assessment and instruction, and the ability to integrate that 
29.12 	knowledge and understanding into instruction strategies under section 122A.06, subdivision 
29.13 	4.
29.14 	(d) (c) The requirement to pass a board-adopted reading, writing, and mathematics skills 
29.15 	examination does not apply to nonnative English speakers, as verified by qualified Minnesota 
29.16 	school district personnel or Minnesota higher education faculty, who, after meeting the 
29.17 	content and pedagogy requirements under this subdivision, apply for a teaching license to 
29.18 	provide direct instruction in their native language or world language instruction under section 
29.19 	120B.022, subdivision 1.

29.20 	Sec. 5. Minnesota Statutes 2018, section 122A.26, subdivision 2, is amended to read:
29.21 		Subd. 2.Exceptions. (a) A person who teaches in a community education program 
29.22 	which that qualifies for aid pursuant to section 124D.52 shall continue to meet licensure 
29.23 	requirements as a teacher. A person who teaches in an early childhood and family education 
29.24 	program which that is offered through a community education program and which that
29.25 	qualifies for community education aid pursuant to section 124D.20 or early childhood and 
29.26 	family education aid pursuant to section 124D.135 shall continue to meet licensure 
29.27 	requirements as a teacher. A person who teaches in a community education course which
29.28 	that is offered for credit for graduation to persons under 18 years of age shall continue to 
29.29 	meet licensure requirements as a teacher.
29.30 	(b) A person who teaches a driver training course which that is offered through a 
29.31 	community education program to persons under 18 years of age shall be licensed by the 
29.32 	Professional Educator Licensing and Standards Board or be subject to section 171.35. A 
29.33 	license which is required for an instructor in a community education program pursuant to 
29.34 	this subdivision paragraph shall not be construed to bring an individual within the definition 
30.1 	of a teacher for purposes of section 122A.40, subdivision 1, or 122A.41, subdivision 1, 
30.2 	clause paragraph (a).

30.3 	Sec. 6. Minnesota Statutes 2018, section 122A.40, subdivision 8, is amended to read:
30.4 		Subd. 8.Development, evaluation, and peer coaching for continuing contract 
30.5 	teachers. (a) To improve student learning and success, a school board and an exclusive 
30.6 	representative of the teachers in the district, consistent with paragraph (b), may develop a 
30.7 	teacher evaluation and peer review process for probationary and continuing contract teachers 
30.8 	through joint agreement. If a school board and the exclusive representative of the teachers 
30.9 	do not agree to an annual teacher evaluation and peer review process, then the school board 
30.10 	and the exclusive representative of the teachers must implement the state teacher evaluation 
30.11 	plan under paragraph (c). The process must include having trained observers serve as peer 
30.12 	coaches or having teachers participate in professional learning communities, consistent with 
30.13 	paragraph (b).
30.14 	(b) To develop, improve, and support qualified teachers and effective teaching practices, 
30.15 	improve student learning and success, and provide all enrolled students in a district or school 
30.16 	with improved and equitable access to more effective and diverse teachers, the annual 
30.17 	evaluation process for teachers:
30.18 	(1) must, for probationary teachers, provide for all evaluations required under subdivision 
30.19 	5;
30.20 	(2) must establish a three-year professional review cycle for each teacher that includes 
30.21 	an individual growth and development plan, a peer review process, and at least one 
30.22 	summative evaluation performed by a qualified and trained evaluator such as a school 
30.23 	administrator. For the years when a tenured teacher is not evaluated by a qualified and 
30.24 	trained evaluator, the teacher must be evaluated by a peer review;
30.25 	(3) must be based on professional teaching standards established in rule; create, adopt, 
30.26 	or revise a rubric of performance standards for teacher practice that must include culturally 
30.27 	responsive methodologies and at least three levels of performance to determine common 
30.28 	descriptions of effectiveness;
30.29 	(4) must coordinate staff development activities under sections 122A.60 and 122A.61 
30.30 	with this evaluation process and teachers' evaluation outcomes;
30.31 	(5) may provide time during the school day and school year for peer coaching and teacher 
30.32 	collaboration;
31.1 	(6) may include job-embedded learning opportunities such as professional learning 
31.2 	communities;
31.3 	(7) may include mentoring and induction programs for teachers, including teachers who 
31.4 	are members of populations underrepresented among the licensed teachers in the district or 
31.5 	school and who reflect the diversity of students under section 120B.35, subdivision 3, 
31.6 	paragraph (b), clause (2), who are enrolled in the district or school;
31.7 	(8) must include an option for teachers to develop and present a portfolio demonstrating 
31.8 	evidence of reflection and professional growth, consistent with section 122A.187, subdivision 
31.9 	3, and include teachers' own performance assessment based on student work samples and 
31.10 	examples of teachers' work, which may include video among other activities for the 
31.11 	summative evaluation;
31.12 	(9) must use data from valid and reliable assessments aligned to state and local academic 
31.13 	standards and must use state and local measures of student growth and literacy that may 
31.14 	include value-added models or student learning goals to determine 35 percent of teacher 
31.15 	evaluation results;
31.16 	(10) must use longitudinal data on student engagement and connection, and other student 
31.17 	outcome measures explicitly aligned with the elements of curriculum for which teachers 
31.18 	are responsible, including academic literacy, oral academic language, and achievement of 
31.19 	content areas of English learners;
31.20 	(11) must require qualified and trained evaluators such as school administrators to 
31.21 	perform summative evaluations and ensure school districts and charter schools provide for 
31.22 	effective evaluator training specific to teacher development and evaluation;
31.23 	(12) must give teachers not meeting professional teaching standards under clauses (3) 
31.24 	through (11) support to improve through a teacher improvement process that includes 
31.25 	established goals and timelines; and
31.26 	(13) must discipline a teacher for not making adequate progress in the teacher 
31.27 	improvement process under clause (12) that may include a last chance warning, termination, 
31.28 	discharge, nonrenewal, transfer to a different position, a leave of absence, or other discipline 
31.29 	a school administrator determines is appropriate.
31.30 	Data on individual teachers generated under this subdivision are personnel data under 
31.31 	section 13.43. The observation and interview notes of peer coaches may only be disclosed 
31.32 	to other school officials with the consent of the teacher being coached.
32.1 	(c) The department, in consultation with parents who may represent parent organizations 
32.2 	and teacher and administrator representatives appointed by their respective organizations, 
32.3 	representing the Professional Educator Licensing and Standards Board, the Minnesota 
32.4 	Association of School Administrators, the Minnesota School Boards Association, the 
32.5 	Minnesota Elementary and Secondary Principals Associations, Education Minnesota, and 
32.6 	representatives of the Minnesota Assessment Group, the Minnesota Business Partnership, 
32.7 	the Minnesota Chamber of Commerce, and Minnesota postsecondary institutions with 
32.8 	research expertise in teacher evaluation, must create and publish a teacher evaluation process 
32.9 	that complies with the requirements in paragraph (b) and applies to all teachers under this 
32.10 	section and section 122A.41 for whom no agreement exists under paragraph (a) for an annual 
32.11 	teacher evaluation and peer review process. The teacher evaluation process created under 
32.12 	this subdivision does not create additional due process rights for probationary teachers under 
32.13 	subdivision 5.
32.14 	(d) Consistent with the measures of teacher effectiveness under this subdivision:
32.15 	(1) for students in kindergarten through grade 4, a school administrator must not place 
32.16 	or approve the placement of a student in the classroom of a teacher who is in the improvement 
32.17 	process referenced in paragraph (b), clause (12), or has not had a summative evaluation if, 
32.18 	in the prior year, that student was in the classroom of a teacher who received discipline 
32.19 	pursuant to paragraph (b), clause (13), unless no other teacher at the school teaches that 
32.20 	grade; and
32.21 	(2) for students in grades 5 through 12, a school administrator must not place or approve 
32.22 	the placement of a student in the classroom of a teacher who is in the improvement process 
32.23 	referenced in paragraph (b), clause (12), or has not had a summative evaluation if, in the 
32.24 	prior year, that student was in the classroom of a teacher who received discipline pursuant 
32.25 	to paragraph (b), clause (13), unless no other teacher at the school teaches that subject area 
32.26 	and grade.
32.27 	All data created and used under this paragraph retains its classification under chapter 13.

32.28 	EFFECTIVE DATE. This section is effective July 1, 2022.

32.29 	Sec. 7. Minnesota Statutes 2018, section 123B.09, subdivision 2, is amended to read:
32.30 		Subd. 2.School board member training. A member shall receive training in school 
32.31 	finance and management developed in consultation with the Minnesota School Boards 
32.32 	Association and consistent with section 127A.19. The School Boards Association must 
32.33 	make available to each newly elected school board member training in school finance and 
33.1 	management consistent with section 127A.19 within 180 days of that member taking office. 
33.2 	The program shall be developed in consultation with the department and appropriate 
33.3 	representatives of higher education. For purposes of this subdivision only, the definition of 
33.4 	school board member includes a board member of a tribal contract school under section 
33.5 	124D.83.

33.6 	Sec. 8. Minnesota Statutes 2018, section 123B.147, subdivision 3, is amended to read:
33.7 		Subd. 3.Duties; evaluation. (a) The principal shall provide administrative, supervisory, 
33.8 	and instructional leadership services, under the supervision of the superintendent of schools 
33.9 	of the district and according to the policies, rules, and regulations of the school board, for 
33.10 	the planning, management, operation, and evaluation of the education program of the building 
33.11 	or buildings to which the principal is assigned.
33.12 	(b) To enhance a principal's culturally responsive leadership skills and support and 
33.13 	improve teaching practices, school performance, and student achievement for diverse student 
33.14 	populations, including at-risk students, children with disabilities, English learners, and gifted 
33.15 	students, among others, a district must develop and implement a performance-based system 
33.16 	for annually evaluating school principals assigned to supervise a school building within the 
33.17 	district. The evaluation must be designed to improve teaching and learning by supporting 
33.18 	the principal in shaping the school's professional environment and developing teacher 
33.19 	quality, performance, and effectiveness. The annual evaluation must:
33.20 	(1) support and improve a principal's instructional leadership, organizational management, 
33.21 	and professional development, and strengthen the principal's capacity in the areas of 
33.22 	instruction, supervision, evaluation, and teacher development;
33.23 	(2) support and improve a principal's culturally responsive leadership practices that 
33.24 	create inclusive and respectful teaching and learning environments for all students, families, 
33.25 	and employees;
33.26 	(2) (3) include formative and summative evaluations based on multiple measures of 
33.27 	student progress toward career and college readiness;
33.28 	(3)(4) be consistent with a principal's job description, a district's long-term plans and 
33.29 	goals, and the principal's own professional multiyear growth plans and goals, all of which 
33.30 	must support the principal's leadership behaviors and practices, rigorous curriculum, school 
33.31 	performance, and high-quality instruction;
33.32 	(4) (5) include on-the-job observations and previous evaluations;
34.1 	(5)(6) allow surveys to help identify a principal's effectiveness, leadership skills and 
34.2 	processes, and strengths and weaknesses in exercising leadership in pursuit of school success;
34.3 	(6) (7) use longitudinal data on student academic growth as 35 percent of the evaluation 
34.4 	and incorporate district achievement goals and targets;
34.5 	(7) (8) be linked to professional development that emphasizes improved teaching and 
34.6 	learning, curriculum and instruction, student learning, culturally responsive leadership 
34.7 	practices, and a collaborative professional culture; and
34.8 	(8) (9) for principals not meeting standards of professional practice or other criteria 
34.9 	under this subdivision, implement a plan to improve the principal's performance and specify 
34.10 	the procedure and consequence if the principal's performance is not improved.
34.11 	The provisions of this paragraph are intended to provide districts with sufficient flexibility 
34.12 	to accommodate district needs and goals related to developing, supporting, and evaluating 
34.13 	principals.

34.14 	EFFECTIVE DATE. This section is effective July 1, 2022.

34.15 	Sec. 9. REPEALER.
 34.16 	Minnesota Rules, part 8710.0500, subpart 1, item A, is repealed.

34.17 	ARTICLE 4
34.18 	UPDATING DEFINITIONS AND TIMELINES

34.19 	Section 1. Minnesota Statutes 2018, section 120A.20, is amended by adding a subdivision 
34.20 	to read:
34.21 		Subd. 4.Verification of age for admission to public school. (a) Public schools may 
34.22 	request documentation that verifies a pupil falls within the school's minimum and maximum 
34.23 	age requirements for admission to publicly funded prekindergarten, preschool, kindergarten, 
34.24 	or grades 1 to 12. Documentation may include a passport, a hospital birth record or 
34.25 	physician's certificate, a baptismal or religious certificate, an adoption record, health records, 
34.26 	immunization records, immigration records, previously verified school records, early 
34.27 	childhood screening records, Minnesota Immunization Information Connection records, or 
34.28 	an affidavit from a parent.
34.29 	(b) The school district or charter school must not deny a child from public school 
34.30 	enrollment solely because the child's parent or guardian is unable to provide a birth certificate 
34.31 	record.

35.1 	Sec. 2. Minnesota Statutes 2018, section 120A.22, subdivision 10, is amended to read:
35.2 		Subd. 10.Requirements for instructors. A person who is providing instruction to a 
35.3 	child must meet at least one of the following requirements:
35.4 	(1) hold a valid Minnesota teaching license in the field and for the grade level taught;
35.5 	(2) be directly supervised by a person holding a valid Minnesota teaching license;
35.6 	(3) successfully complete a teacher competency examination;
35.7 	(4) (3) provide instruction in a school that is accredited by an accrediting agency, 
35.8 	recognized according to section 123B.445, or recognized by the commissioner;
35.9 	(5) (4) hold a baccalaureate degree; or
35.10 	(6) (5) be the parent of a child who is assessed according to the procedures in subdivision 
35.11 	11.
35.12 	Any person providing instruction in a public school must meet the requirements of clause 
35.13 	(1).

35.14 	Sec. 3. Minnesota Statutes 2018, section 120B.13, subdivision 4, is amended to read:
35.15 		Subd. 4.Rigorous course taking information; AP, IB, and PSEO. The commissioner 
35.16 	shall submit the following information on rigorous course taking, disaggregated by student 
35.17 	subgroup, school district, and postsecondary institution, to the education committees of the 
35.18 	legislature each year by February June 1:
35.19 	(1) the number of pupils enrolled in postsecondary enrollment options under section 
35.20 	124D.09, including concurrent enrollment, career and technical education courses offered 
35.21 	as a concurrent enrollment course, advanced placement, and international baccalaureate 
35.22 	courses in each school district;
35.23 	(2) the number of teachers in each district attending training programs offered by the 
35.24 	college board, International Baccalaureate North America, Inc., or Minnesota concurrent 
35.25 	enrollment programs;
35.26 	(3) the number of teachers in each district participating in support programs;
35.27 	(4) recent trends in the field of postsecondary enrollment options under section 124D.09, 
35.28 	including concurrent enrollment, advanced placement, and international baccalaureate 
35.29 	programs;
36.1 	(5) expenditures for each category in this section and under sections 124D.09 and 
36.2 	124D.091, including career and technical education courses offered as a concurrent 
36.3 	enrollment course; and
36.4 	(6) other recommendations for the state program or the postsecondary enrollment options 
36.5 	under section 124D.09, including concurrent enrollment.

36.6 	Sec. 4. Minnesota Statutes 2019 Supplement, section 120B.35, subdivision 3, is amended 
36.7 	to read:
36.8 		Subd. 3.State growth target; other state measures. (a)(1) The state's educational 
36.9 	assessment system measuring individual students' educational growth is based on indicators 
36.10 	of achievement growth that show an individual student's prior achievement. Indicators of 
36.11 	achievement and prior achievement must be based on highly reliable statewide or districtwide 
36.12 	assessments.
36.13 	(2) For purposes of paragraphs (b), (c), and (d), the commissioner must analyze and 
36.14 	report separate categories of information using the student categories identified under the 
36.15 	federal Elementary and Secondary Education Act, as most recently reauthorized, and, in 
36.16 	addition to "other" for each race and ethnicity, and the Karen community, seven of the most 
36.17 	populous Asian and Pacific Islander groups, three of the most populous Native groups, 
36.18 	seven of the most populous Hispanic/Latino groups, and five of the most populous Black 
36.19 	and African Heritage groups as determined by the total Minnesota population based on the 
36.20 	most recent American Community Survey in consultation with the state demographer with 
36.21 	cross tabulation as soon as practicable; English learners under section 124D.59; home 
36.22 	language; free or reduced-price lunch; and all students enrolled in a Minnesota public school 
36.23 	who are currently or were previously in foster care, except that such disaggregation and 
36.24 	cross tabulation is not required if the number of students in a category is insufficient to yield 
36.25 	statistically reliable information or the results would reveal personally identifiable information 
36.26 	about an individual student.
36.27 	(b) The commissioner, in consultation with a stakeholder group that includes assessment 
36.28 	and evaluation directors, district staff, experts in culturally responsive teaching, and 
36.29 	researchers, must implement a growth model that compares the difference in students' 
36.30 	achievement scores over time, and includes criteria for identifying schools and school 
36.31 	districts that demonstrate academic progress. The model may be used to advance educators' 
36.32 	professional development and replicate programs that succeed in meeting students' diverse 
36.33 	learning needs. Data on individual teachers generated under the model are personnel data 
36.34 	under section 13.43. The model must allow users to:
37.1 	(1) report student growth consistent with this paragraph; and
37.2 	(2) for all student categories, report and compare aggregated and disaggregated state 
37.3 	student growth and, under section 120B.11, subdivision 2, clause (2), student learning and 
37.4 	outcome data using the student categories identified under the federal Elementary and 
37.5 	Secondary Education Act, as most recently reauthorized, and other student categories under 
37.6 	paragraph (a), clause (2).
37.7 	The commissioner must report measures of student growth and, under section 120B.11, 
37.8 	subdivision 2, clause (2), student learning and outcome data, consistent with this paragraph, 
37.9 	including the English language development, academic progress, and oral academic 
37.10 	development of English learners and their native language development if the native language 
37.11 	is used as a language of instruction, and include data on all pupils enrolled in a Minnesota 
37.12 	public school course or program who are currently or were previously counted as an English 
37.13 	learner under section 124D.59.
37.14 	(c) When reporting student performance under section 120B.36, subdivision 1, the 
37.15 	commissioner annually, beginning July 1, 2011, must report two core measures indicating 
37.16 	the extent to which current high school graduates are being prepared for postsecondary 
37.17 	academic and career opportunities:
37.18 	(1) a preparation measure indicating the number and percentage of high school graduates 
37.19 	in the most recent school year who completed course work important to preparing them for 
37.20 	postsecondary academic and career opportunities, consistent with the core academic subjects 
37.21 	required for admission to Minnesota's public colleges and universities as determined by the 
37.22 	Office of Higher Education under chapter 136A; and
37.23 	(2) a rigorous coursework measure indicating the number and percentage of high school 
37.24 	graduates in the most recent school year who successfully completed one or more 
37.25 	college-level advanced placement, international baccalaureate, postsecondary enrollment 
37.26 	options including concurrent enrollment, other rigorous courses of study under section 
37.27 	120B.021, subdivision 1a, or industry certification courses or programs.
37.28 	When reporting the core measures under clauses (1) and (2), the commissioner must also 
37.29 	analyze and report separate categories of information using the student categories identified 
37.30 	under the federal Elementary and Secondary Education Act, as most recently reauthorized, 
37.31 	and other student categories under paragraph (a), clause (2).
37.32 	(d) When reporting student performance under section 120B.36, subdivision 1, the 
37.33 	commissioner annually, beginning July 1, 2014, must report summary data on school safety 
37.34 	and students' engagement and connection at school, consistent with the student categories 
38.1 	identified under paragraph (a), clause (2). The summary data under this paragraph are 
38.2 	separate from and must not be used for any purpose related to measuring or evaluating the 
38.3 	performance of classroom teachers. The commissioner, in consultation with qualified experts 
38.4 	on student engagement and connection and classroom teachers, must identify highly reliable 
38.5 	variables that generate summary data under this paragraph. The summary data may be used 
38.6 	at school, district, and state levels only. Any data on individuals received, collected, or 
38.7 	created that are used to generate the summary data under this paragraph are nonpublic data 
38.8 	under section 13.02, subdivision 9.
38.9 	(e) For purposes of statewide educational accountability, the commissioner must identify 
38.10 	and report measures that demonstrate the success of learning year program providers under 
38.11 	sections 123A.05 and 124D.68, among other such providers, in improving students' 
38.12 	graduation outcomes. The commissioner, beginning July 1, 2015, must annually report 
38.13 	summary data on:
38.14 	(1) the four- and six-year graduation rates of students under this paragraph;
38.15 	(2) the percent of students under this paragraph whose progress and performance levels 
38.16 	are meeting career and college readiness benchmarks under section 120B.30, subdivision 
38.17 	1; and
38.18 	(3) the success that learning year program providers experience in:
38.19 	(i) identifying at-risk and off-track student populations by grade;
38.20 	(ii) providing successful prevention and intervention strategies for at-risk students;
38.21 	(iii) providing successful recuperative and recovery or reenrollment strategies for off-track 
38.22 	students; and
38.23 	(iv) improving the graduation outcomes of at-risk and off-track students.
38.24 	The commissioner may include in the annual report summary data on other education 
38.25 	providers serving a majority of students eligible to participate in a learning year program.
38.26 	(f) The commissioner, in consultation with recognized experts with knowledge and 
38.27 	experience in assessing the language proficiency and academic performance of all English 
38.28 	learners enrolled in a Minnesota public school course or program who are currently or were 
38.29 	previously counted as an English learner under section 124D.59, must identify and report 
38.30 	appropriate and effective measures to improve current categories of language difficulty and 
38.31 	assessments, and monitor and report data on students' English proficiency levels, program 
38.32 	placement, and academic language development, including oral academic language.
39.1 	(g) When reporting four- and six-year graduation rates, the commissioner or school 
39.2 	district must disaggregate the data by student categories according to paragraph (a), clause 
39.3 	(2).
39.4 	(h) A school district must inform parents and guardians that volunteering information 
39.5 	on student categories not required by the most recent reauthorization of the Elementary and 
39.6 	Secondary Education Act is optional and will not violate the privacy of students or their 
39.7 	families, parents, or guardians. The notice must state the purpose for collecting the student 
39.8 	data.

39.9 	Sec. 5. Minnesota Statutes 2018, section 124D.03, subdivision 5, is amended to read:
39.10 		Subd. 5.Nonresident district procedures. A district shall notify the parent or guardian 
39.11 	in writing by February 15 or within 90 days for applications submitted after January 15 in 
39.12 	the case of achievement and integration district transfers whether the application has been 
39.13 	accepted or rejected. If an application is rejected, the district must state in the notification 
39.14 	the reason for rejection. The parent or guardian must notify the nonresident district by March 
39.15 	1 or within 45 days 15 business days for applicants after January 15 whether the pupil 
39.16 	intends to enroll in the nonresident district. Notice of intent to enroll in the nonresident 
39.17 	district obligates the pupil to attend the nonresident district during the following school 
39.18 	year, unless the boards of the resident and the nonresident districts agree in writing to allow 
39.19 	the pupil to transfer back to the resident district. If the pupil's parents or guardians change 
39.20 	residence to another district, the student does not lose the seat in the nonresident district but 
39.21 	the parent or guardian must complete an updated enrollment options form. If a parent or 
39.22 	guardian does not notify the nonresident district by the January 15 deadline, if it applies, 
39.23 	the pupil may not enroll in that nonresident district during the following school year, unless 
39.24 	the boards of the resident and nonresident district agree otherwise. The nonresident district 
39.25 	must notify the resident district by March 15 or 30 days later of the pupil's intent to enroll 
39.26 	in the nonresident district. The same procedures apply to a pupil who applies to transfer 
39.27 	from one participating nonresident district to another participating nonresident district.

39.28 	Sec. 6. Minnesota Statutes 2019 Supplement, section 124D.09, subdivision 7, is amended 
39.29 	to read:
39.30 		Subd. 7.Dissemination of information; notification of intent to enroll. By the earlier 
39.31 	of (1) three weeks prior to the date by which a student must register for district courses for 
39.32 	the following school year, or (2) March 1 of each year, a district must provide up-to-date 
39.33 	information on the district's website and in materials that are distributed to parents and 
40.1 	students about the program, including information about enrollment requirements and the 
40.2 	ability to earn postsecondary credit to all pupils in grades 8, 9, 10, and 11. To assist the 
40.3 	district in planning, a pupil must inform the district by May 30 of each year of the pupil's 
40.4 	intent to enroll in postsecondary courses during the following school year. A pupil is bound 
40.5 	by notifying or not notifying the district by May 30 term. A pupil must notify the district 
40.6 	of the pupil's intent to enroll by May 30 for the fall term or October 30 for the spring term 
40.7 	or may not enroll in postsecondary courses under this section.

40.8 	Sec. 7. Minnesota Statutes 2018, section 124D.09, subdivision 13, is amended to read:
40.9 		Subd. 13.Financial arrangements. For a pupil enrolled in a course under this section, 
40.10 	the department must make payments according to this subdivision for courses that were 
40.11 	taken for secondary credit.
40.12 	The department must not make payments to a school district or postsecondary institution 
40.13 	for a course taken for postsecondary credit only. The department must not make payments 
40.14 	to a postsecondary institution for a course from which a student officially withdraws during 
40.15 	the first 14 ten business days of the postsecondary institution's quarter or semester or who 
40.16 	has been absent from the postsecondary institution for the first 15 consecutive school ten 
40.17 	business days of the postsecondary institution's quarter or semester and is not receiving 
40.18 	instruction in the home or hospital.
40.19 	A postsecondary institution shall receive the following:
40.20 	(1) for an institution granting quarter credit, the reimbursement per credit hour shall be 
40.21 	an amount equal to 88 percent of the product of the formula allowance minus $425, multiplied 
40.22 	by 1.2, and divided by 45; or
40.23 	(2) for an institution granting semester credit, the reimbursement per credit hour shall 
40.24 	be an amount equal to 88 percent of the product of the general revenue formula allowance 
40.25 	minus $425, multiplied by 1.2, and divided by 30.
40.26 	The department must pay to each postsecondary institution 100 percent of the amount 
40.27 	in clause (1) or (2) within 45 days of receiving initial enrollment information each quarter 
40.28 	or semester. If changes in enrollment occur during a quarter or semester, the change shall 
40.29 	be reported by the postsecondary institution at the time the enrollment information for the 
40.30 	succeeding quarter or semester is submitted. At any time the department notifies a 
40.31 	postsecondary institution that an overpayment has been made, the institution shall promptly 
40.32 	remit the amount due.

41.1 	Sec. 8. Minnesota Statutes 2018, section 124D.141, subdivision 2, is amended to read:
41.2 		Subd. 2.Additional duties. The following duties are added to those assigned to the 
41.3 	council under federal law:
41.4 	(1) make recommendations on the most efficient and effective way to leverage state and 
41.5 	federal funding streams for early childhood and child care programs;
41.6 	(2) make recommendations on how to coordinate or colocate early childhood and child 
41.7 	care programs in one state Office of Early Learning. The council shall establish a task force 
41.8 	to develop these recommendations. The task force shall include two nonexecutive branch 
41.9 	or nonlegislative branch representatives from the council; six representatives from the early 
41.10 	childhood caucus; two representatives each from the Departments of Education, Human 
41.11 	Services, and Health; one representative each from a local public health agency, a local 
41.12 	county human services agency, and a school district; and two representatives from the 
41.13 	private nonprofit organizations that support early childhood programs in Minnesota. In 
41.14 	developing recommendations in coordination with existing efforts of the council, the task 
41.15 	force shall consider how to:
41.16 	(i) consolidate and coordinate resources and public funding streams for early childhood 
41.17 	education and child care, and ensure the accountability and coordinated development of all 
41.18 	early childhood education and child care services to children from birth to kindergarten 
41.19 	entrance;
41.20 	(ii) create a seamless transition from early childhood programs to kindergarten;
41.21 	(iii) encourage family choice by ensuring a mixed system of high-quality public and 
41.22 	private programs, with local points of entry, staffed by well-qualified professionals;
41.23 	(iv) ensure parents a decisive role in the planning, operation, and evaluation of programs 
41.24 	that aid families in the care of children;
41.25 	(v) provide consumer education and accessibility to early childhood education and child 
41.26 	care resources;
41.27 	(vi) advance the quality of early childhood education and child care programs in order 
41.28 	to support the healthy development of children and preparation for their success in school;
41.29 	(vii) develop a seamless service delivery system with local points of entry for early 
41.30 	childhood education and child care programs administered by local, state, and federal 
41.31 	agencies;
42.1 	(viii) ensure effective collaboration between state and local child welfare programs and 
42.2 	early childhood mental health programs and the Office of Early Learning;
42.3 	(ix) develop and manage an effective data collection system to support the necessary 
42.4 	functions of a coordinated system of early childhood education and child care in order to 
42.5 	enable accurate evaluation of its impact;
42.6 	(x) respect and be sensitive to family values and cultural heritage; and
42.7 	(xi) establish the administrative framework for and promote the development of early 
42.8 	childhood education and child care services in order to provide that these services, staffed 
42.9 	by well-qualified professionals, are available in every community for all families that express 
42.10 	a need for them.
42.11 	In addition, the task force must consider the following responsibilities for transfer to the 
42.12 	Office of Early Learning:
42.13 	(A) responsibilities of the commissioner of education for early childhood education 
42.14 	programs and financing under sections 119A.50 to 119A.535, 121A.16 to 121A.19, and 
42.15 	124D.129 to 124D.2211;
42.16 	(B) responsibilities of the commissioner of human services for child care assistance, 
42.17 	child care development, and early childhood learning and child protection facilities programs 
42.18 	and financing under chapter 119B and section 256E.37; and
42.19 	(C) responsibilities of the commissioner of health for family home visiting programs 
42.20 	and financing under section 145A.17.
42.21 	Any costs incurred by the council in making these recommendations must be paid from 
42.22 	private funds. If no private funds are received, the council must not proceed in making these 
42.23 	recommendations. The council must report its recommendations to the governor and the 
42.24 	legislature by January 15, 2011;
42.25 	(3) (2) review program evaluations regarding high-quality early childhood programs;
42.26 	and
42.27 	(4) (3) make recommendations to the governor and legislature, including proposed 
42.28 	legislation on how to most effectively create a high-quality early childhood system in 
42.29 	Minnesota in order to improve the educational outcomes of children so that all children are 
42.30 	school-ready by 2020;.
42.31 	(5) make recommendations to the governor and the legislature by March 1, 2011, on the 
42.32 	creation and implementation of a statewide school readiness report card to monitor progress 
43.1 	toward the goal of having all children ready for kindergarten by the year 2020. The 
43.2 	recommendations shall include what should be measured including both children and system 
43.3 	indicators, what benchmarks should be established to measure state progress toward the 
43.4 	goal, and how frequently the report card should be published. In making their 
43.5 	recommendations, the council shall consider the indicators and strategies for Minnesota's 
43.6 	early childhood system report, the Minnesota school readiness study, developmental 
43.7 	assessment at kindergarten entrance, and the work of the council's accountability committee. 
43.8 	Any costs incurred by the council in making these recommendations must be paid from 
43.9 	private funds. If no private funds are received, the council must not proceed in making these 
43.10 	recommendations; and
43.11 	(6) make recommendations to the governor and the legislature on how to screen earlier 
43.12 	and comprehensively assess children for school readiness in order to provide increased early 
43.13 	interventions and increase the number of children ready for kindergarten. In formulating 
43.14 	their recommendations, the council shall consider (i) ways to interface with parents of 
43.15 	children who are not participating in early childhood education or care programs, (ii) ways 
43.16 	to interface with family child care providers, child care centers, and school-based early 
43.17 	childhood and Head Start programs, (iii) if there are age-appropriate and culturally sensitive 
43.18 	screening and assessment tools for three-, four-, and five-year-olds, (iv) the role of the 
43.19 	medical community in screening, (v) incentives for parents to have children screened at an 
43.20 	earlier age, (vi) incentives for early education and care providers to comprehensively assess 
43.21 	children in order to improve instructional practice, (vii) how to phase in increases in screening 
43.22 	and assessment over time, (viii) how the screening and assessment data will be collected 
43.23 	and used and who will have access to the data, (ix) how to monitor progress toward the goal 
43.24 	of having 50 percent of three-year-old children screened and 50 percent of entering 
43.25 	kindergarteners assessed for school readiness by 2015 and 100 percent of three-year-old 
43.26 	children screened and entering kindergarteners assessed for school readiness by 2020, and 
43.27 	(x) costs to meet these benchmarks. The council shall consider the screening instruments 
43.28 	and comprehensive assessment tools used in Minnesota early childhood education and care 
43.29 	programs and kindergarten. The council may survey early childhood education and care 
43.30 	programs in the state to determine the screening and assessment tools being used or rely on 
43.31 	previously collected survey data, if available. For purposes of this subdivision, "school 
43.32 	readiness" is defined as the child's skills, knowledge, and behaviors at kindergarten entrance 
43.33 	in these areas of child development: social; self-regulation; cognitive, including language, 
43.34 	literacy, and mathematical thinking; and physical. For purposes of this subdivision, 
43.35 	"screening" is defined as the activities used to identify a child who may need further 
43.36 	evaluation to determine delay in development or disability. For purposes of this subdivision, 
44.1 	"assessment" is defined as the activities used to determine a child's level of performance in 
44.2 	order to promote the child's learning and development. Work on this duty will begin in 
44.3 	fiscal year 2012. Any costs incurred by the council in making these recommendations must 
44.4 	be paid from private funds. If no private funds are received, the council must not proceed 
44.5 	in making these recommendations. The council must report its recommendations to the 
44.6 	governor and legislature by January 15, 2013, with an interim report on February 15, 2011.

44.7 	Sec. 9. Minnesota Statutes 2018, section 124D.165, subdivision 3, is amended to read:
44.8 		Subd. 3.Administration. (a) The commissioner shall establish application timelines 
44.9 	and determine the schedule for awarding scholarships that meets operational needs of eligible 
44.10 	families and programs. The commissioner must give highest priority to applications from 
44.11 	children who:
44.12 	(1) have a parent under age 21 who is pursuing a high school diploma or a course of 
44.13 	study for a high school equivalency test;
44.14 	(2) are in foster care or otherwise in need of protection or services; or
44.15 	(3) have experienced homelessness in the last 24 months, as defined under the federal 
44.16 	McKinney-Vento Homeless Assistance Act, United States Code, title 42, section 11434a.
44.17 	The commissioner may prioritize applications on additional factors including family 
44.18 	income, geographic location, and whether the child's family is on a waiting list for a publicly 
44.19 	funded program providing early education or child care services.
44.20 	(b) The commissioner shall establish a target for the average scholarship amount per 
44.21 	child based on the results of the rate survey conducted under section 119B.02.
44.22 	(c) A four-star rated program that has children eligible for a scholarship enrolled in or 
44.23 	on a waiting list for a program beginning in July, August, or September may notify the 
44.24 	commissioner, in the form and manner prescribed by the commissioner, each year of the 
44.25 	program's desire to enhance program services or to serve more children than current funding 
44.26 	provides. The commissioner may designate a predetermined number of scholarship slots 
44.27 	for that program and notify the program of that number. For fiscal year 2018 and later, the 
44.28 	statewide amount of funding directly designated by the commissioner must not exceed the 
44.29 	funding directly designated for fiscal year 2017. Beginning July 1, 2016, a school district 
44.30 	or Head Start program qualifying under this paragraph may use its established registration 
44.31 	process to enroll scholarship recipients and may verify a scholarship recipient's family 
44.32 	income in the same manner as for other program participants.
45.1 	(d) A scholarship is awarded for a 12-month period. If the scholarship recipient has not 
45.2 	been accepted and subsequently enrolled in a rated program within ten months of the 
45.3 	awarding of the scholarship, the scholarship cancels and the recipient must reapply in order 
45.4 	to be eligible for another scholarship. A child may not be awarded more than one scholarship 
45.5 	in a 12-month period.
45.6 	(e) A child who receives a scholarship who has not completed development screening 
45.7 	under sections 121A.16 to 121A.19 must complete that screening within 90 days of first 
45.8 	attending an eligible program or within 90 days after the child's third birthday if awarded 
45.9 	a scholarship under the age of three.
45.10 	(f) For fiscal year 2017 and later, a school district or Head Start program enrolling 
45.11 	scholarship recipients under paragraph (c) may apply to the commissioner, in the form and 
45.12 	manner prescribed by the commissioner, for direct payment of state aid. Upon receipt of 
45.13 	the application, the commissioner must pay each program directly for each approved 
45.14 	scholarship recipient enrolled under paragraph (c) according to the metered payment system 
45.15 	or another schedule established by the commissioner.

45.16 	Sec. 10. Minnesota Statutes 2018, section 124D.165, subdivision 4, is amended to read:
45.17 		Subd. 4.Early childhood program eligibility. (a) In order to be eligible to accept an 
45.18 	early learning scholarship, a program must:
45.19 	(1) participate in the quality rating and improvement system under section 124D.142; 
45.20 	and
45.21 	(2) beginning July 1, 2020, have a three- or four-star rating in the quality rating and 
45.22 	improvement system.
45.23 	(b) Any program accepting scholarships must use the revenue to supplement and not 
45.24 	supplant federal funding.
45.25 	(c) Notwithstanding paragraph (a), all Minnesota early learning foundation scholarship 
45.26 	program pilot sites are eligible to accept an early learning scholarship under this section.

45.27 	Sec. 11. Minnesota Statutes 2018, section 124D.74, subdivision 1, is amended to read:
45.28 		Subdivision 1.Program described. American Indian education programs are programs 
45.29 	in public elementary and secondary schools, nonsectarian nonpublic, community, tribal, 
45.30 	charter, or alternative schools enrolling American Indian children designed to:
45.31 	(1) support postsecondary preparation for American Indian pupils;
46.1 	(2) support the academic achievement of American Indian students pupils;
46.2 	(3) make the curriculum relevant to the needs, interests, and cultural heritage of American 
46.3 	Indian pupils;
46.4 	(4) provide positive reinforcement of the self-image of American Indian pupils;
46.5 	(5) develop intercultural awareness among pupils, parents, and staff; and
46.6 	(6) supplement, not supplant, state and federal educational and cocurricular programs.
46.7 	Program services designed to increase completion and graduation rates of American Indian 
46.8 	students pupils must emphasize academic achievement, retention, and attendance; 
46.9 	development of support services for staff, including in-service training and technical 
46.10 	assistance in methods of teaching American Indian pupils; research projects, including 
46.11 	innovative teaching approaches and evaluation of methods of relating to American Indian 
46.12 	pupils; provision of career counseling to American Indian pupils; modification of curriculum, 
46.13 	instructional methods, and administrative procedures to meet the needs of American Indian 
46.14 	pupils; and supplemental instruction in American Indian language, literature, history, and 
46.15 	culture. Districts offering programs may make contracts for the provision of program services 
46.16 	by establishing cooperative liaisons with tribal programs and American Indian social service 
46.17 	agencies. These programs may also be provided as components of early childhood and 
46.18 	family education programs.

46.19 	Sec. 12. Minnesota Statutes 2018, section 124D.78, subdivision 1, is amended to read:
46.20 		Subdivision 1.Parent committee. (a) School boards and American Indian schools must 
46.21 	provide for the maximum involvement of parents of children enrolled in education programs, 
46.22 	programs for elementary and secondary grades, special education programs, and support 
46.23 	services. Accordingly, the board of a school district in which there are ten or more American 
46.24 	Indian students enrolled and each American Indian school must establish an American 
46.25 	Indian education parent advisory committee.
46.26 	(b) For purposes of this section, American Indian students are defined as persons having 
46.27 	origins in any of the original peoples of North America who maintain cultural identification 
46.28 	through tribal affiliation or community recognition.
46.29 	(c) If a committee whose membership consists of a majority of parents of American 
46.30 	Indian children has been or is established according to federal, tribal, or other state law, that 
46.31 	committee may serve as the committee required by this section and is subject to, at least, 
46.32 	the requirements of this subdivision and subdivision 2.
47.1 	(d) The American Indian education parent advisory committee must develop its 
47.2 	recommendations in consultation with the curriculum advisory committee required by 
47.3 	section 120B.11, subdivision 3. This committee must afford parents the necessary information 
47.4 	and the opportunity effectively to express their views concerning all aspects of American 
47.5 	Indian education and the educational needs of the American Indian children enrolled in the 
47.6 	school or program. The school board or American Indian school must ensure that programs 
47.7 	are planned, operated, and evaluated with the involvement of and in consultation with parents 
47.8 	of American Indian students served by the programs as evidenced by American Indian 
47.9 	education parent advisory committee meeting minutes.

47.10 	Sec. 13. Minnesota Statutes 2018, section 124D.78, subdivision 3, is amended to read:
47.11 		Subd. 3.Membership. The American Indian education parent advisory committee must 
47.12 	be composed of parents of children eligible to be enrolled in American Indian education 
47.13 	programs; secondary students eligible to be served; American Indian language and culture 
47.14 	education teachers and paraprofessionals; American Indian teachers; counselors; adult 
47.15 	American Indian people enrolled in educational programs; and representatives from 
47.16 	community groups. A majority of each committee must be parents of American Indian 
47.17 	children enrolled or eligible to be enrolled in the programs. The number of parents of 
47.18 	American Indian and non-American Indian children shall reflect approximately the proportion 
47.19 	of children of those groups enrolled in the programs.

47.20 	Sec. 14. Minnesota Statutes 2018, section 124D.79, subdivision 2, is amended to read:
47.21 		Subd. 2.Technical assistance. The commissioner shall must provide technical assistance, 
47.22 	which must include an annual report of American Indian student data using the state count,
47.23 	to districts, schools and postsecondary institutions for preservice and in-service training for 
47.24 	teachers, American Indian education teachers and paraprofessionals specifically designed 
47.25 	to implement culturally responsive teaching methods, culturally based curriculum 
47.26 	development, testing and testing mechanisms, and the development of materials for American 
47.27 	Indian education programs.

47.28 	Sec. 15. Minnesota Statutes 2018, section 124D.81, subdivision 1, is amended to read:
47.29 		Subdivision 1. Procedures. A school district, charter school, or American 
47.30 	Indian-controlled tribal contract or grant school enrolling at least 20 American Indian 
47.31 	students identified by the state count on October 1 of the previous school year and operating 
47.32 	an American Indian education program according to section 124D.74 is eligible for Indian 
47.33 	education aid if it meets the requirements of this section. Programs may provide for contracts 
48.1 	for the provision of program components by nonsectarian nonpublic, community, tribal, 
48.2 	charter, or alternative schools. The commissioner shall prescribe the form and manner of 
48.3 	application for aids, and no aid shall be made for a program not complying with the 
48.4 	requirements of sections 124D.71 to 124D.82.

48.5 	Sec. 16. Minnesota Statutes 2018, section 124D.862, subdivision 7, is amended to read:
48.6 		Subd. 7.Revenue reserved. Integration revenue received under this section must be 
48.7 	reserved and used only for the programs authorized in section 124D.861, subdivision 2.

48.8 	Sec. 17. Minnesota Statutes 2018, section 124E.03, is amended by adding a subdivision 
48.9 	to read:
48.10 		Subd. 8.English learners. A charter school is subject to and must comply with the 
48.11 	Education for English Learners Act under sections 124D.58 to 124D.64 as though it were 
48.12 	a district.

48.13 	Sec. 18. Minnesota Statutes 2018, section 124E.03, is amended by adding a subdivision 
48.14 	to read:
48.15 		Subd. 9.Corporal punishment. A charter school is subject to and must comply with 
48.16 	section 121A.58 as though it were a district.

48.17 	Sec. 19. Minnesota Statutes 2018, section 124E.05, subdivision 4, is amended to read:
48.18 		Subd. 4.Application content. (a) To be approved as an authorizer, an applicant must 
48.19 	include in its application to the commissioner at least the following:
48.20 	(1) how the organization carries out its mission by chartering schools;
48.21 	(2) a description of the capacity of the organization to serve as an authorizer, including 
48.22 	the positions allocated to authorizing duties, the qualifications for those positions, the 
48.23 	full-time equivalencies of those positions, and the financial resources available to fund the 
48.24 	positions;
48.25 	(3) the application and review process the authorizer uses to decide whether to grant 
48.26 	charters;
48.27 	(4) the type of contract it arranges with the schools it charters to meet the provisions of 
48.28 	section 124E.10;
48.29 	(5) the process for overseeing the school, consistent with clause (4), to ensure that the 
48.30 	schools chartered comply with applicable law and rules and the contract;
49.1 	(6) the criteria and process the authorizer uses to approve applications adding grades or 
49.2 	sites under section 124E.06, subdivision 5;
49.3 	(7) the process for renewing or terminating the school's charter based on evidence 
49.4 	showing the academic, organizational, and financial competency of the school, including 
49.5 	its success in increasing student achievement and meeting the goals of the charter school 
49.6 	agreement; and
49.7 	(8) an assurance specifying that the organization is committed to serving as an authorizer 
49.8 	for the full five-year term until the commissioner terminates the organization's ability to 
49.9 	authorize charter schools under subdivision 6, or until the organization formally withdraws 
49.10 	as an approved authorizer under subdivision 7.
49.11 	(b) Notwithstanding paragraph (a), an authorizer that is a school district may satisfy the 
49.12 	requirements of paragraph (a), clauses (1) and (2), and any requirement governing a conflict 
49.13 	of interest between an authorizer and its charter schools or ongoing evaluation or continuing 
49.14 	education of an administrator or other professional support staff by submitting to the 
49.15 	commissioner a written promise to comply with the requirements.

49.16 	Sec. 20. Minnesota Statutes 2018, section 124E.05, subdivision 7, is amended to read:
49.17 		Subd. 7.Withdrawal. If the governing board of an approved authorizer votes to withdraw 
49.18 	as an approved authorizer for a reason unrelated to any cause under section 124E.10, 
49.19 	subdivision 4 subdivision 6, the authorizer must notify all its chartered schools and the 
49.20 	commissioner in writing by March 1 of its intent to withdraw as an authorizer on June 30 
49.21 	in the next calendar year, regardless of when the authorizer's five-year term of approval 
49.22 	ends. Upon notification of the schools and commissioner, the authorizer must provide a 
49.23 	letter to the school for distribution to families of students enrolled in the school that explains 
49.24 	the decision to withdraw as an authorizer. The commissioner may approve the transfer of 
49.25 	a charter school to a new authorizer under section 124E.10, subdivision 5.

49.26 	Sec. 21. Minnesota Statutes 2018, section 124E.11, is amended to read:
49.27 	124E.11 ADMISSION REQUIREMENTS AND ENROLLMENT.
49.28 	(a) A charter school, including its preschool or prekindergarten program established 
49.29 	under section 124E.06, subdivision 3, paragraph (b), may limit admission to:
49.30 	(1) pupils within an age group or grade level;
49.31 	(2) pupils who are eligible to participate in the graduation incentives program under 
49.32 	section 124D.68; or
50.1 	(3) residents of a specific geographic area in which the school is located when the 
50.2 	majority of students served by the school are members of underserved populations.
50.3 	(b) A charter school, including its preschool or prekindergarten program established 
50.4 	under section 124E.06, subdivision 3, paragraph (b), shall enroll an eligible pupil who 
50.5 	submits a timely application, unless the number of applications exceeds the capacity of a 
50.6 	program, class, grade level, or building. In this case, pupils must be accepted by lot. The 
50.7 	charter school must develop and publish, including on its website, a lottery policy and 
50.8 	process that it must use when accepting pupils by lot.
50.9 	(c) A charter school shall give enrollment preference to a sibling of an enrolled pupil 
50.10 	and to a foster child of that pupil's parents and may give preference for enrolling children 
50.11 	of the school's staff before accepting other pupils by lot. A charter school that is located in 
50.12 	Duluth township in St. Louis County and admits students in kindergarten through grade 6 
50.13 	must give enrollment preference to students residing within a five-mile radius of the school 
50.14 	and to the siblings of enrolled children. A charter school may give enrollment preference 
50.15 	to children currently enrolled in the school's free preschool or prekindergarten program 
50.16 	under section 124E.06, subdivision 3, paragraph (b), who are eligible to enroll in kindergarten 
50.17 	in the next school year.
50.18 	(d) Admission to a charter school is free to any person who resides within the state of 
50.19 	Minnesota. A person shall not be admitted to a charter school (1) as a kindergarten pupil, 
50.20 	unless the pupil is at least five years of age on September 1 of the calendar year in which 
50.21 	the school year for which the pupil seeks admission commences; or (2) as a first grade 
50.22 	student, unless the pupil is at least six years of age on September 1 of the calendar year in 
50.23 	which the school year for which the pupil seeks admission commences or has completed 
50.24 	kindergarten; except that a charter school may establish and publish on its website a policy 
50.25 	for admission of selected pupils at an earlier age, consistent with the enrollment process in 
50.26 	paragraphs (b) and (c).
50.27 	(e) Except as permitted in paragraph (d), a charter school, including its preschool or 
50.28 	prekindergarten program established under section 124E.06, subdivision 3, paragraph (b), 
50.29 	may not limit admission to pupils on the basis of intellectual ability, measures of achievement 
50.30 	or aptitude, or athletic ability and may not establish any criteria or requirements for admission 
50.31 	that are inconsistent with this section.
50.32 	(f) The charter school shall not distribute any services or goods of value to students, 
50.33 	parents, or guardians as an inducement, term, or condition of enrolling a student in a charter 
50.34 	school.
51.1 	(g) Once a student is enrolled in the school, the student is considered enrolled in the 
51.2 	school until the student formally withdraws or is expelled under the Pupil Fair Dismissal 
51.3 	Act in sections 121A.40 to 121A.56.
51.4 	(h) A charter school with at least 90 percent of enrolled students who are eligible for 
51.5 	special education services and have a primary disability of deaf or hard-of-hearing may 
51.6 	enroll prekindergarten pupils with a disability under section 126C.05, subdivision 1, 
51.7 	paragraph (a), and must comply with the federal Individuals with Disabilities Education 
51.8 	Act under Code of Federal Regulations, title 34, section 300.324, subsection (2), clause 
51.9 	(iv).

51.10 	Sec. 22. Minnesota Statutes 2018, section 124E.13, subdivision 3, is amended to read:
51.11 		Subd. 3.Affiliated nonprofit building corporation. (a) An affiliated nonprofit building 
51.12 	corporation may purchase, expand, or renovate an existing facility to serve as a school or 
51.13 	may construct a new school facility. A One local education agency charter school may 
51.14 	organize an affiliated nonprofit building corporation if the charter school:
51.15 	(1) has operated for at least six consecutive years;
51.16 	(2) as of June 30, has a net positive unreserved general fund balance in the preceding 
51.17 	three fiscal years;
51.18 	(3) has long-range strategic and financial plans that include enrollment projections for 
51.19 	at least five years;
51.20 	(4) completes a feasibility study of facility options that outlines the benefits and costs 
51.21 	of each option; and
51.22 	(5) has a plan that describes project parameters and budget.
51.23 	(b) An affiliated nonprofit building corporation under this subdivision must:
51.24 	(1) be incorporated under section 317A;
51.25 	(2) comply with applicable Internal Revenue Service regulations, including regulations 
51.26 	for "supporting organizations" as defined by the Internal Revenue Service;
51.27 	(3) post on the school website the name, mailing address, bylaws, minutes of board 
51.28 	meetings, and names of the current board of directors of the affiliated nonprofit building 
51.29 	corporation;
51.30 	(4) submit to the commissioner a copy of its annual audit by December 31 of each year; 
51.31 	and
52.1 	(5) comply with government data practices law under chapter 13.
52.2 	(c) An affiliated nonprofit building corporation must not serve as the leasing agent for 
52.3 	property or facilities it does not own. A charter school that leases a facility from an affiliated 
52.4 	nonprofit building corporation that does not own the leased facility is ineligible to receive 
52.5 	charter school lease aid. The state is immune from liability resulting from a contract between 
52.6 	a charter school and an affiliated nonprofit building corporation.
52.7 	(d) The board of directors of the charter school must ensure the affiliated nonprofit 
52.8 	building corporation complies with all applicable legal requirements. The charter school's 
52.9 	authorizer must oversee the efforts of the board of directors of the charter school to ensure 
52.10 	legal compliance of the affiliated building corporation. A school's board of directors that 
52.11 	fails to ensure the affiliated nonprofit building corporation's compliance violates its 
52.12 	responsibilities and an authorizer must consider that failure when evaluating the charter 
52.13 	school.

52.14 	Sec. 23. Minnesota Statutes 2018, section 125A.091, is amended by adding a subdivision 
52.15 	to read:
52.16 		Subd. 29.Rulemaking. The commissioner of education must adopt rules or amend 
52.17 	Minnesota Rules, part 3525.3700, subparts 1 and 1a, to carry out the provisions of 
52.18 	subdivisions 3a and 7.

52.19 	Sec. 24. Minnesota Statutes 2018, section 125A.30, is amended to read:
52.20 	125A.30 INTERAGENCY EARLY INTERVENTION COMMITTEES.
52.21 	(a) A group of school districts or special education cooperatives, in cooperation with 
52.22 	the county and tribal health and human service agencies located in the county or counties 
52.23 	in which the districts or cooperatives are located, must establish an Interagency Early 
52.24 	Intervention Committee for children with disabilities under age five and their families under 
52.25 	this section, and for children with disabilities ages three to 22 consistent with the requirements 
52.26 	under sections 125A.023 and 125A.027. Committees must include representatives of local 
52.27 	health, education, and county and tribal human service agencies, early childhood family 
52.28 	education programs, Head Start, parents of young children with disabilities under age 12, 
52.29 	child care resource and referral agencies, school readiness programs, current service 
52.30 	providers, and agencies that serve families experiencing homelessness, and may also include 
52.31 	representatives from other private or public agencies and school nurses. The committee 
52.32 	must elect a chair from among its members and must meet at least quarterly.
53.1 	(b) The committee must develop and implement interagency policies and procedures 
53.2 	concerning the following ongoing duties:
53.3 	(1) develop public awareness systems designed to inform potential recipient families, 
53.4 	especially parents with premature infants, or infants with other physical risk factors associated 
53.5 	with learning or development complications, of available programs and services;
53.6 	(2) to reduce families' need for future services, and especially parents with premature 
53.7 	infants, or infants with other physical risk factors associated with learning or development 
53.8 	complications, implement interagency child find systems designed to actively seek out, 
53.9 	identify, and refer infants and young children with, or at risk of, disabilities, including a 
53.10 	child under the age of three who: (i) is the subject of a substantiated case of abuse or neglect 
53.11 	or (ii) is identified as directly affected by illegal substance abuse, or withdrawal symptoms 
53.12 	resulting from prenatal drug exposure;
53.13 	(3) implement a process for assuring that services involve cooperating agencies at all 
53.14 	steps leading to individualized programs;
53.15 	(4) identify the current services and funding being provided within the community for 
53.16 	children with disabilities under age five and their families; and
53.17 	(5) develop a plan for the allocation and expenditure of federal early intervention funds 
53.18 	under United States Code, title 20, section 1471 et seq. (Part C, Public Law 108-446) and 
53.19 	United States Code, title 20, section 631, et seq. (Chapter I, Public Law 89-313).
53.20 	(c) The local committee shall also participate in needs assessments and program planning 
53.21 	activities conducted by local social service, health and education agencies for young children 
53.22 	with disabilities and their families.

53.23 	Sec. 25. Minnesota Statutes 2018, section 134.31, subdivision 4a, is amended to read:
53.24 		Subd. 4a.Services to people with visual and physical disabilities. The Minnesota 
53.25 	Department of Education shall provide specialized services to people with visual and physical 
53.26 	disabilities through the Minnesota Braille and Talking Book Library under a cooperative 
53.27 	plan with the National Library Services Service for the Blind and Physically Handicapped
53.28 	Print Disabled of the Library of Congress.

53.29 	Sec. 26. Minnesota Statutes 2018, section 609A.03, subdivision 7a, is amended to read:
53.30 		Subd. 7a.Limitations of order effective January 1, 2015, and later. (a) Upon issuance 
53.31 	of an expungement order related to a charge supported by probable cause, the DNA samples 
53.32 	and DNA records held by the Bureau of Criminal Apprehension and collected under authority 
54.1 	other than section 299C.105 shall not be sealed, returned to the subject of the record, or 
54.2 	destroyed.
54.3 	(b) Notwithstanding the issuance of an expungement order:
54.4 	(1) except as provided in clause (2), an expunged record may be opened, used, or 
54.5 	exchanged between criminal justice agencies without a court order for the purposes of 
54.6 	initiating, furthering, or completing a criminal investigation or prosecution or for sentencing 
54.7 	purposes or providing probation or other correctional services;
54.8 	(2) when a criminal justice agency seeks access to a record that was sealed under section 
54.9 	609A.02, subdivision 3, paragraph (a), clause (1), after an acquittal or a court order dismissing 
54.10 	for lack of probable cause, for purposes of a criminal investigation, prosecution, or 
54.11 	sentencing, the requesting agency must obtain an ex parte court order after stating a 
54.12 	good-faith basis to believe that opening the record may lead to relevant information;
54.13 	(3) an expunged record of a conviction may be opened for purposes of evaluating a 
54.14 	prospective employee in a criminal justice agency without a court order;
54.15 	(4) an expunged record of a conviction may be opened for purposes of a background 
54.16 	study under section 245C.08 unless the commissioner had been properly served with notice 
54.17 	of the petition for expungement and the court order for expungement is directed specifically 
54.18 	to the commissioner of human services;
54.19 	(5) an expunged record of a conviction may be opened for purposes of a background 
54.20 	check required under section 122A.18, subdivision 8, unless the court order for expungement 
54.21 	is directed specifically to the Professional Educator Licensing and Standards Board or the 
54.22 	licensing division of the Department of Education; and
54.23 	(6) the court may order an expunged record opened upon request by the victim of the 
54.24 	underlying offense if the court determines that the record is substantially related to a matter 
54.25 	for which the victim is before the court.
54.26 	(c) An agency or jurisdiction subject to an expungement order shall maintain the record 
54.27 	in a manner that provides access to the record by a criminal justice agency under paragraph 
54.28 	(b), clause (1) or (2), but notifies the recipient that the record has been sealed. The Bureau 
54.29 	of Criminal Apprehension shall notify the commissioner of human services, or the 
54.30 	Professional Educator Licensing and Standards Board, or the licensing division of the 
54.31 	Department of Education of the existence of a sealed record and of the right to obtain access 
54.32 	under paragraph (b), clause (4) or (5). Upon request, the agency or jurisdiction subject to 
54.33 	the expungement order shall provide access to the record to the commissioner of human 
55.1 	services, or the Professional Educator Licensing and Standards Board, or the licensing 
55.2 	division of the Department of Education under paragraph (b), clause (4) or (5).
55.3 	(d) An expunged record that is opened or exchanged under this subdivision remains 
55.4 	subject to the expungement order in the hands of the person receiving the record.
55.5 	(e) A criminal justice agency that receives an expunged record under paragraph (b), 
55.6 	clause (1) or (2), must maintain and store the record in a manner that restricts the use of the 
55.7 	record to the investigation, prosecution, or sentencing for which it was obtained.
55.8 	(f) For purposes of this section, a "criminal justice agency" means a court or government 
55.9 	agency that performs the administration of criminal justice under statutory authority.
55.10 	(g) This subdivision applies to expungement orders subject to its limitations and effective 
55.11 	on or after January 1, 2015.

APPENDIX 
8710.0500EXAMINATIONS FOR TEACHER LICENSES. Subpart 1.Examination requirements. A.
 An applicant for a first professional teaching license shall provide official evidence of having successfully completed examinations of skills in reading, writing, and mathematics before being issued an initial Minnesota professional teaching license. The examinations must have been adopted by the Professional Educator Licensing and Standards Board. An applicant who is deaf must fulfill the mathematics requirement of this part by successfully completing the mathematics examination, and must fulfill the reading and writing requirements of this part either by successfully completing the reading and writing examinations or by evaluation by board approved colleges and universities of demonstrated proficiency (Intermediate Plus) in the expressive and receptive use of alternative communication systems including sign language and finger spelling as measured by the Sign Communication Proficiency Inventory (SCPI). This inventory is published by the National Technical Institute for the Deaf in Rochester, New York, and is administered through the College of Education at the University of Minnesota on at least an annual basis. A description of this inventory is available through the Minitex interlibrary loan system in the Journal of Sign Language Studies and American Annals for the Deaf. The inventory is incorporated by reference. It may be periodically changed. An applicant who is blind shall be required to fulfill requirements of this part by successfully completing the examinations with an opportunity to select a reader, to use adaptive visual aids or technology aids, and to complete the testing under adaptive conditions.