No book bans, cell phone changes, Read Act part of education policy law

A few weeks before summer vacation starts for students throughout the state, some changes that will affect them in future years have become law.

Rep. Laurie Pryor (DFL-Minnetonka) and Sen. Steve Cwodzinski (DFL-Eden Prairie) sponsor the law that takes effect July 1, 2024, unless otherwise noted.

HF3782/SF3567*/CH109

Cell phones

Like many folks, students are addicted to their cellphone; however, district policies across the state vary if they exist at all.

The law requires a school district or charter school to adopt a policy on students' possession and use of cell phones in school by March 15, 2025.

The provision, effective May 18, 2024, also requires the Minnesota Elementary School Principals Association and the Minnesota Association of Secondary School Principals to collaborate and make best practices available on a range of different strategies to minimize the impact of cell phones on student behavior, mental health, and academic attainment. (Art. 1, Sec. 1)

Book bans banned

Also effective May 18, 2024, a public library cannot ban, remove or restrict access to books or other materials based solely on its viewpoint or the messages, ideas, or opinions it conveys. A library governing body must adopt a library materials policy, require certain policy components and prohibit employee discipline for complying with the requirement.

A library governing body is required to adopt a library materials policy and requires certain policy components, such as an employee cannot be disciplined for complying with the law.

A parent or guardian can still request a content challenge to library books. (Art. 7, Sec. 2)

READ Act

Enacted in a 2023 law, Minnesota’s Reading to Ensure Academic Development Act — or READ Act — aims to have every child, beginning in kindergarten, read at or above grade level every year and to support multilingual learners and students receiving special education services in achieving their individualized reading goals.

The new law makes largely clarifying and technical changes to the program, including language that:

• makes the purpose of the state literacy goal to “meet grade level proficiency”:

• increases the number of screenings for kindergarten through grade 3 students from two times to three times each school year;

• requires a school district to use only evidence-based literacy interventions in the 2025-26 school year;

• requires a district to include information about structured literacy training for teachers and other staff and Read Act funding uses in its local literacy plan;

• clarifies the types of teachers and staff who must receive training from the district;

• authorizes the Education Department to partner with one or more higher education institutions to conduct reviews of curriculum and intervention materials; and

• requires the Professional Educator Licensing and Standards Board to conduct an audit of approved teacher training programs to evaluate whether they meet subject matter standards for reading. A report is due to the Legislature by Aug. 1, 2026 (Art. 4, Secs. 5-8, 10-11, 13, 16, 19).

General education, educational excellence

Among other changes in the law will:

• require the Department of Education to establish clear criteria for evaluating a district's application to use a four-day school week plan, at least annually accept district applications to use a four-day school week plan and determine whether each application meets the criteria. Approval of a four-day school week plan may not be revoked for six years from the date it is granted;

• allow school districts to share personal student contact information and directory information for students served in special education with the Department of Employment and Economic Development to coordinate services to students with disabilities;

• add American Indian cultural practice, observance, or ceremonies to be added to the list of excused religious absences from school;

• move the government and citizenship course requirement for graduation from the 2024-25 school year to the 2025-26 school year;

• require an annual review and revision of a personal learning plan to ensure the student is on track for graduation;

• allow a school, district, or charter school to provide a student’s parent access to the student’s individual student performance data and achievement report when it is made available to the school, district, or charter school;

• move the school performance data reporting date to no later than Oct. 1 in years with new performance standards and no later than Nov. 1 with new performance standards for English language proficiency assessments;

• give a school district with an American Indian mascot, nickname, logo, letterhead, or team name until Sept. 1, 2026, to comply with the prohibition on American Indian mascots;

• allow American Indian students or staff to use tobacco, sage, sweetgrass, and cedar to conduct individual or group smudging in a public school;

• allow a student journalist the right to exercise freedom of speech and freedom of the press in school-sponsored media, and require a school district or charter school to adopt and publish a student journalist policy;

• require a school district to adopt a language access plan that specifies procedures to render effective language assistance to students and adults who communicate in a language other than English;

• allow the Shakopee, Jordan, Prior Lake-Savage and Eastern Carver County school districts to publish their official proceedings on their websites instead a newspaper. It expires Aug. 1, 2026;

• establish a state council for the Military Interstate Children’s Compact;

• provide certain rights and protections for children of Minnesota Army National Guard and Air National Guard members when transferring between public schools;

• provide rules for a school to achieve a Purple Star School designation; and

• makes programmatic changes to merge the voluntary prekindergarten (VPK) and school readiness plus (SRP) programs. (Art. 1, Sec. 5; Art. 2, Secs. 1-2, 6, 8, 14, 16-19, 21-22, 30; Art. 9, Sec. 4; Art. 10, Secs. 2-4)

Teachers, coaches

The law establishes requirements for the Professional Educator Licensing and Standards Board to approve an application for a Tier 1 special education license, clarifies that a Tier 1 license applicant must have a bachelor's degree unless they meet a certain exemption, and establishes requirements for the board to approve an application for a Tier 2 special education license.

The law also:

• encourages a teacher preparation program to include instruction for teacher candidates on ableism and disability justice; a school district is encouraged to offer this instruction by someone with a disability and expertise;

• authorizes the Professional Educator Licensing and Standards Board to collect and retain nonlicensed staff data on behalf of the Department of Education;

• requires a school district or charter school to place a teacher in a noninstructional assignment if a teacher is criminally charged with certain offenses;

• requires a school board to provide written notice to a coach whose contract will not be renewed the following school year no more than 60 days after the regular season ends. (Art. 3, Secs. 3-7, 12, 13, 16)

Special education

Among special education changes, the law adds children ages 3-6 to the definition of developmental delay for early childhood special education, allows a school district to conduct an assessment for developmental adapted physical education as a stand-alone evaluation, and calls for a working group on special education licensure reciprocity with a report due to the Legislature by Feb. 1, 2025. (Art. 5, Secs. 1-2, 5).

Charter schools

The law will require a charter school to identify its purposes in the charter contract and to document its implementation of those purposes in its annual report. Such documentation must be a component of the authorizer’s performance review of the school.

Other parts of the law include:

• a charter school is to adopt a language access plan as though the charter school were a school district;

• requiring a staff member be employed for at least 480 hours in a school year for their children to receive enrollment preference;

• a charter school board of directors must establish qualifications for all persons who hold administrative, academic supervision, or instructional leadership positions;

• a charter school employee or board member cannot serve on the board of the school’s authorizer; and

• requiring a charter school to adopt a procurement policy and that all purchases using state funds be made consistent with that policy. (Art. 6, Secs. 1, 5, 15, 17-18, 21)

Health and safety

Beginning with the 2026-27 school year, requires districts and charter schools to provide mental health instruction for students in grades 4 to 12.

Effective at the start of the 2024-25 school year, a student can be excused from school for instruction conducted by a tribal spiritual or cultural advisor and specifies that child medical appointments include those conducted through telehealth. A district must also provide high school students access to private space to receive mental health care via telehealth.

The law clarifies when drugs or medicine may be administered in emergency school situations, including in the judgement of a licensed nurse. Additionally, a school can consult with a licensed nurse to develop a policy relating to administration of drugs or medicine.

A public school is encouraged, beginning with the 2024-25 school year, to adopt a policy on parental notification for unscheduled student removal from class. Child abuse prevention experts must be consulted to incorporate best practices into the school policy.

The Minnesota State High School League must provide school coaches with eating disorder prevention education resources. (Secs. 1-2, 4-6, 9-10)

SF3567* / HF3782 / CH109