STATE OF
MINNESOTA
NINETY-THIRD
SESSION - 2023
_____________________
SEVENTY-FIRST
DAY
Saint Paul, Minnesota, Tuesday, May 16, 2023
The House of Representatives convened at
11:00 a.m. and was called to order by Dan Wolgamott, Speaker pro tempore.
Prayer was offered by Pastor Austin
Wartner, Metropolitan Baptist Church, Bloomington, Minnesota.
The members of the House gave the pledge
of allegiance to the flag of the United States of America.
The roll was called and the following
members were present:
Acomb
Agbaje
Altendorf
Anderson, P. E.
Backer
Bahner
Bakeberg
Baker
Becker-Finn
Bennett
Berg
Bierman
Bliss
Brand
Burkel
Carroll
Cha
Clardy
Coulter
Curran
Daniels
Daudt
Davids
Davis
Demuth
Dotseth
Edelson
Elkins
Engen
Feist
Finke
Fischer
Fogelman
Franson
Frederick
Freiberg
Garofalo
Gillman
Gomez
Greenman
Grossell
Hansen, R.
Hanson, J.
Harder
Hassan
Heintzeman
Hemmingsen-Jaeger
Her
Hicks
Hill
Hollins
Hornstein
Howard
Hudella
Hudson
Huot
Hussein
Igo
Jacob
Johnson
Jordan
Joy
Keeler
Klevorn
Knudsen
Koegel
Kotyza-Witthuhn
Kozlowski
Koznick
Kraft
Kresha
Lee, F.
Lee, K.
Liebling
Lillie
Lislegard
Long
McDonald
Mekeland
Moller
Mueller
Murphy
Myers
Nadeau
Nash
Nelson, M.
Neu Brindley
Newton
Niska
Noor
Norris
Novotny
O'Driscoll
Olson, B.
Olson, L.
O'Neill
Pelowski
Pérez-Vega
Perryman
Petersburg
Pfarr
Pinto
Pryor
Pursell
Quam
Rehm
Reyer
Richardson
Robbins
Schomacker
Schultz
Scott
Sencer-Mura
Skraba
Smith
Stephenson
Swedzinski
Tabke
Torkelson
Urdahl
Vang
West
Wiener
Wiens
Witte
Wolgamott
Xiong
Youakim
Zeleznikar
Spk. Hortman
A quorum was present.
Anderson, P. H., and Kiel were excused.
Frazier was excused until 1:45 p.m. Nelson, N., was excused until 4:10 p.m.
The Chief Clerk proceeded to read the
Journal of the preceding day. There
being no objection, further reading of the Journal was dispensed with and the
Journal was approved as corrected by the Chief Clerk.
PETITIONS AND COMMUNICATIONS
The following communications were
received:
STATE OF MINNESOTA
OFFICE OF THE SECRETARY OF STATE
ST. PAUL 55155
The Honorable Melissa Hortman
Speaker of the House of
Representatives
The Honorable Bobby Joe Champion
President of the Senate
I have the honor to inform you that the
following enrolled Act of the 2023 Session of the State Legislature has been
received from the Office of the Governor and is deposited in the Office of the
Secretary of State for preservation, pursuant to the State Constitution,
Article IV, Section 23:
S. F. No. |
H. F. No. |
Session Laws Chapter No. |
Time and Date Approved 2023 |
Date Filed 2023 |
10 30 11:45
a.m. May 2 May 2
Sincerely,
Steve
Simon
Secretary
of State
STATE OF
MINNESOTA
OFFICE OF THE
GOVERNOR
SAINT PAUL
55155
May 8,
2023
The
Honorable Melissa Hortman
Speaker
of the House of Representatives
The
State of Minnesota
Dear Speaker Hortman:
Please be advised that I have received,
approved, signed, and deposited in the Office of the Secretary of State the
following House Files:
H. F. No. 463, relating to
capital investment; appropriating money for the Rural Finance Authority;
authorizing the sale and issuance of state bonds.
H. F. No. 3, relating to elections;
modifying provisions related to voter registration; absentee voting; requiring
voting instructions and sample ballots to be multilingual and interpreters to
be provided in certain situations; regulating intimidation, deceptive practices,
and interference with voter registration and voting; campaign finance;
expanding the definition of express advocacy; providing penalties; requiring
reports; appropriating money.
H. F. No. 717, relating to
transportation; designating a segment of marked Trunk Highway 5 in Chanhassen
as Prince Rogers Nelson Memorial Highway; modifying the Augie Mueller Memorial
Highway.
Sincerely,
Tim
Walz
Governor
STATE OF
MINNESOTA
OFFICE OF
THE SECRETARY OF STATE
ST. PAUL
55155
The Honorable Melissa Hortman
Speaker of the House of Representatives
The Honorable Bobby Joe Champion
President of the Senate
I have the honor to inform you that the
following enrolled Acts of the 2023 Session of the State Legislature have been
received from the Office of the Governor and are deposited in the Office of the
Secretary of State for preservation, pursuant to the State Constitution,
Article IV, Section 23:
S. F. No. |
H. F. No. |
Session Laws Chapter No. |
Time and Date Approved 2023 |
Date Filed 2023 |
463 32 4:53
p.m. May 8 May 8
2369 33 4:52
p.m. May 8 May 8
3 34 10:27
a.m. May 5 May 5
717 35 11:57
a.m. May 9 May 9
Sincerely,
Steve
Simon
Secretary
of State
STATE OF
MINNESOTA
OFFICE OF
THE GOVERNOR
SAINT PAUL
55155
May 15,
2023
The
Honorable Melissa Hortman
Speaker
of the House of Representatives
The
State of Minnesota
Dear Speaker Hortman:
Please be advised that I have received,
approved, signed, and deposited in the Office of the Secretary of State the
following House Files:
H. F. No. 800, relating to state
government; ratifying certain labor agreements and memorandums of
understanding.
H. F. No. 2335, relating to
state government; establishing budget for Minnesota Housing Finance Agency;
making policy, finance, and technical changes to housing provisions; expanding
and establishing certain homeownership, manufactured home, and rent assistance
programs; expanding requirements and uses of housing infrastructure bonds;
establishing metropolitan region sales tax; establishing local affordable
housing aid; requiring reports; appropriating money.
H. F. No. 1937, relating to
state government; establishing a budget for the Department of Military Affairs
and the Department of Veterans Affairs; modifying veterans bonus program and
Minnesota GI bill program provisions; establishing the veteran domiciliary
resident quality of care working group; requiring reports; appropriating money.
Sincerely,
Tim
Walz
Governor
STATE OF
MINNESOTA
OFFICE OF
THE SECRETARY OF STATE
ST. PAUL
55155
The Honorable Melissa Hortman
Speaker of the House of
Representatives
The Honorable Bobby Joe Champion
President of the Senate
I have the honor to inform you that the
following enrolled Acts of the 2023 Session of the State Legislature have been
received from the Office of the Governor and are deposited in the Office of the
Secretary of State for preservation, pursuant to the State Constitution,
Article IV, Section 23:
S. F. No. |
H. F. No. |
Session Laws Chapter No. |
Time and Date Approved 2023 |
Date Filed 2023 |
800 36 1:27 p.m. May 15 May
15
2335 37 1:28
p.m. May 15 May 15
1937 38 1:29
p.m. May 15 May 15
Sincerely,
Steve
Simon
Secretary
of State
INTRODUCTION AND FIRST READING
OF HOUSE BILLS
The
following House Files were introduced:
Pursell; Jordan; Davids; Skraba; Nelson, N.; Schultz; Smith; Olson, L.; Clardy; Finke; Hill; Fischer; Vang; Carroll; Kozlowski; Kraft; Hansen, R.; Lee, K.; Lillie; Bierman; Klevorn; Bahner; Elkins; Frazier; Huot; Greenman; Sencer-Mura; Frederick; Brand; Youakim; Kotyza-Witthuhn; Acomb; Pryor; Hornstein and Tabke introduced:
H. F. No. 3321, A bill for an act relating to natural resources; creating Outdoor School for All grant program; appropriating money; proposing coding for new law in Minnesota Statutes, chapter 84.
The bill was read for the first time and referred to the Committee on Environment and Natural Resources Finance and Policy.
Engen, Franson, Dotseth, Novotny, Davis and Altendorf introduced:
H. F. No. 3322, A bill for an act relating to retirement; establishing the State Retirement Plan Protection Act; prohibiting the subordination of financial interests to social, political, or ideological interests when investing state pension assets or exercising shareholder rights; amending Minnesota Statutes 2022, sections 11A.04; 356A.01, by adding a subdivision; 356A.04, by adding a subdivision.
The bill was read for the first time and referred to the Committee on State and Local Government Finance and Policy.
Koznick, Scott, Robbins, Wiens, Harder, Dotseth and Witte introduced:
H. F. No. 3323, A bill for an act relating to the Metropolitan Council; providing for staggered terms; expanding the membership of the nomination committee; requiring additional information to be made publicly available as part of the selection process; clarifying council member qualifications; amending Minnesota Statutes 2022, section 473.123, subdivisions 2a, 3.
The bill was read for the first time and referred to the Committee on State and Local Government Finance and Policy.
Reyer introduced:
H. F. No. 3324, A bill for an act relating to human services; requiring family therapy services paid at rate equal to individual therapy services; amending Minnesota Statutes 2022, section 256B.761.
The bill was read for the first time and referred to the Committee on Human Services Finance.
Urdahl, Franson, Schomacker, Niska and Scott introduced:
H. F. No. 3325, A bill for an act relating to public safety; modifying crime of sexual extortion to include the dissemination of private images when a person's intimate parts are exposed; providing for notice and education regarding the crime; providing for a report; amending Minnesota Statutes 2022, section 609.3458; proposing coding for new law in Minnesota Statutes, chapter 121A.
The bill was read for the first time and referred to the Committee on Public Safety Finance and Policy.
Long moved that the House recess subject
to the call of the Chair. The motion
prevailed.
RECESS
RECONVENED
The House reconvened and was called to
order by Speaker pro tempore Wolgamott.
Jordan was excused between the hours of
12:30 p.m. and 1:15 p.m.
The following Conference Committee Report
was received:
CONFERENCE COMMITTEE REPORT ON H. F. No. 2497
A bill for an act relating to education finance; providing funding for prekindergarten through grade 12 education; modifying provisions for general education, education excellence, literacy, American Indian education, teachers, charter schools, special education, facilities, nutrition, libraries, early childhood, community education, grants management, and state agencies; making forecast adjustments; providing for rulemaking; requiring reports; appropriating money; amending Minnesota Statutes 2022, sections 13.32, subdivision 3; 120A.20, subdivision 1; 120A.22, subdivision 10; 120A.414, subdivision 2, by adding a subdivision; 120A.42; 120B.018, subdivision 6; 120B.021, subdivisions 1, 2, 3, 4, as amended, by adding a subdivision; 120B.022, subdivision 1; 120B.024, subdivisions 1, 2; 120B.11, subdivisions 1, 2, 3; 120B.12; 120B.122, subdivision 1; 120B.15; 120B.30, subdivisions 1, 1a; 120B.301; 120B.35, subdivision 3; 120B.36, subdivision 2; 121A.031, subdivision 6; 121A.04, subdivisions 1, 2; 121A.41, subdivision 7, by adding subdivisions; 121A.425; 121A.45, subdivision 1; 121A.46, subdivision 4, by adding a subdivision; 121A.47, subdivisions 2, 14; 121A.53, subdivision 1; 121A.55; 121A.58; 121A.582, subdivision 1; 121A.61, subdivisions 1, 3, by adding subdivisions; 122A.06, subdivisions 1, 2, 5, 6, 7, 8, by adding subdivisions; 122A.07, subdivisions 1, 2, 4, 4a, 5, 6; 122A.09, subdivisions 4, 6, 9, 10; 122A.091, subdivisions 1, 2; 122A.092, subdivision 5; 122A.15, subdivision 1; 122A.18, subdivisions 1, 2, 10, by adding a subdivision; 122A.181, subdivisions 1, 2, 3, 4, 5, by adding a subdivision; 122A.182, subdivisions 1, 4, by adding subdivisions; 122A.183, subdivisions 1, 2, by adding subdivisions; 122A.184, subdivision 1; 122A.185, subdivisions 1, 4; 122A.187, subdivisions 1, 5, by adding a subdivision; 122A.19, subdivision 4; 122A.26, subdivision 2; 122A.31, subdivision 1; 122A.40, subdivisions 3, 5, 8; 122A.41, subdivisions 2, 5, by adding a subdivision; 122A.415, subdivision 4; 122A.42; 122A.50; 122A.59; 122A.63, by adding a subdivision; 122A.635; 122A.69; 122A.70; 122A.73, subdivisions 2, 3, 5; 123B.147, subdivision 3; 123B.595, subdivisions 1, 2, 3, 4, 7, 8, 8a, 9, 10, 11; 123B.71, subdivisions 9, 12; 123B.86, subdivision 3; 123B.92, subdivision 1, by adding a subdivision; 124D.03, subdivisions 3, 5; 124D.09, subdivisions 3, 5, 12, 13; 124D.111, subdivisions 2a, 5; 124D.1158, as amended;
124D.119; 124D.128, subdivisions 1, 2; 124D.151, subdivision 6; 124D.20, subdivisions 3, 5; 124D.2211; 124D.231; 124D.42, subdivision 8; 124D.531, subdivisions 1, 4; 124D.55; 124D.56; 124D.59, subdivisions 2, 2a; 124D.65, subdivision 5; 124D.68, subdivisions 2, 3; 124D.73, by adding a subdivision; 124D.74, subdivisions 1, 3, 4, by adding a subdivision; 124D.76; 124D.78; 124D.79, subdivision 2; 124D.791, subdivision 4; 124D.81; 124D.861, subdivision 2; 124D.862, subdivision 8; 124D.98, by adding a subdivision; 124D.99, subdivision 2; 124E.02; 124E.03, subdivision 2, by adding a subdivision; 124E.05, subdivisions 4, 7; 124E.06, subdivisions 1, 4, 5; 124E.10, subdivision 1; 124E.11; 124E.12, subdivision 1; 124E.13, subdivisions 1, 3; 124E.25, subdivision 1a; 125A.03; 125A.08; 125A.0942; 125A.13; 125A.15; 125A.51; 125A.515, subdivision 3; 125A.71, subdivision 1; 125A.76, subdivisions 2c, 2e, by adding a subdivision; 126C.05, subdivisions 1, 3, as amended, 19; 126C.10, subdivisions 2, 2a, 2d, 2e, 3, 4, 13, 13a, 14, 18a, by adding subdivisions; 126C.15, subdivisions 1, 2, 5; 126C.17, by adding a subdivision; 126C.40, subdivisions 1, 6; 126C.43, subdivision 2; 126C.44; 127A.353, subdivisions 2, 4; 134.31, subdivisions 1, 4a; 134.32, subdivision 4; 134.34, subdivision 1; 134.355, subdivisions 5, 6, 7; 144.4165; 179A.03, subdivisions 14, 18, 19; 256B.0625, subdivision 26; 268.085, subdivision 7; 290.0679, subdivision 2; Laws 2021, First Special Session chapter 13, article 1, section 10, subdivisions 2, 3, 4, 5, 6, 7, 9; article 2, section 4, subdivisions 2, 3, 4, 12, 27; article 3, section 7, subdivision 7; article 5, section 3, subdivisions 2, 3, 4; article 7, section 2, subdivisions 2, 3; article 8, section 3, subdivisions 2, 3, 4; article 9, section 4, subdivisions 5, 6, 12; article 10, section 1, subdivisions 2, 8; article 11, section 4, subdivision 2; Laws 2023, chapter 18, section 4, subdivisions 2, 3; proposing coding for new law in Minnesota Statutes, chapters 120B; 121A; 122A; 124D; 125A; 126C; 127A; repealing Minnesota Statutes 2022, sections 120B.35, subdivision 5; 122A.06, subdivision 4; 122A.07, subdivision 2a; 122A.091, subdivisions 3, 6; 122A.18, subdivision 7c; 122A.182, subdivision 2; 124D.095, subdivisions 1, 2, 3, 4, 5, 6, 7, 8; 126C.05, subdivisions 3, 16; 268.085, subdivision 8; Minnesota Rules, part 8710.0500, subparts 8, 11.
May 15, 2023
The Honorable Melissa Hortman
Speaker of the House of Representatives
The Honorable Bobby Joe Champion
President of the Senate
We, the undersigned conferees for H. F. No. 2497 report that we have agreed upon the items in dispute and recommend as follows:
That the Senate recede from its amendments and that H. F. No. 2497 be further amended as follows:
Delete everything after the enacting clause and insert:
"ARTICLE 1
GENERAL EDUCATION
Section 1.
[121A.212] ACCESS TO MENSTRUAL
PRODUCTS.
A school district or charter school
must provide students with access to menstrual products at no charge. The products must be available to all
menstruating students in restrooms regularly used by students in grades 4 to 12
according to a plan developed by the school district. For purposes of this section, "menstrual
products" means pads, tampons, or other similar products used in
connection with the menstrual cycle.
EFFECTIVE
DATE. This section is
effective January 1, 2024.
Sec. 2. [121A.224]
OPIATE ANTAGONISTS.
(a) A school district or charter school
must maintain a supply of opiate antagonists, as defined in section 604A.04,
subdivision 1, at each school site to be administered in compliance with
section 151.37, subdivision 12.
(b) Each school building must have two
doses of nasal naloxone available on-site.
(c) The commissioner of health shall
identify resources, including at least one training video to help schools
implement an opiate antagonist emergency response and make the resources
available for schools.
(d) A school board may adopt a model
plan for use, storage, and administration of opiate antagonists.
EFFECTIVE
DATE. This section is
effective July 1, 2023.
Sec. 3. Minnesota Statutes 2022, section 123B.71, subdivision 12, is amended to read:
Subd. 12. Publication. (a) At least 20 48 days but
not more than 60 days before a referendum for bonds or solicitation of bids for
a project that has received a positive or unfavorable review and comment under
section 123B.70, the school board shall publish a summary of the commissioner's
review and comment of that project in the legal newspaper of the district. The school board must hold a public meeting
to discuss the commissioner's review and comment before the referendum for
bonds. Supplementary information shall
be available to the public.
(b) The publication requirement in paragraph (a) does not apply to alternative facilities projects approved under section 123B.595.
EFFECTIVE
DATE. This section is
effective for elections conducted on or after August 9, 2023.
Sec. 4. Minnesota Statutes 2022, section 123B.86, subdivision 3, is amended to read:
Subd. 3. Board control. (a) When transportation is provided, the scheduling of routes, manner and method of transportation, control and discipline of school children and any other matter relating thereto shall be within the sole discretion, control and management of the board.
(b) A school board and a nonpublic
school may mutually agree to a written plan for the board to provide nonpublic
pupil transportation to nonpublic school students.
(c) A school board that provides pupil
transportation through the school's employees may transport nonpublic school
students according to the plan and retain the nonpublic pupil transportation
aid attributable to that plan. A
nonpublic school may make a payment to the school district to cover additional
transportation services agreed to in the written plan for nonpublic pupil
transportation services not required under sections 123B.84 to 123B.87.
(d) A school board that contracts for
pupil transportation services may enter into a contractual arrangement with a
school bus contractor according to the written plan adopted by the school board
and the nonpublic school to transport nonpublic school students and retain the
nonpublic pupil transportation aid attributable to that plan for the purposes
of paying the school bus contractor. A
nonpublic school may make a payment to the school district to cover additional
transportation services agreed to in the written plan for nonpublic pupil
transportation services included in the contract that are not required under
sections 123B.84 to 123B.87.
(e) The school district must report the
number of nonpublic school students transported and the nonpublic pupil
transportation expenditures incurred under paragraph (b) in the form and manner
specified by the commissioner.
EFFECTIVE
DATE. This section is
effective for fiscal year 2024 and later.
Sec. 5. Minnesota Statutes 2022, section 123B.92, is amended by adding a subdivision to read:
Subd. 11. Area
learning center transportation aid. (a)
A district that provides transportation of pupils to and from an area learning
center program established under section 123A.05 is eligible for state aid to
reimburse the additional costs of transportation during the preceding fiscal
year.
(b) A district may apply to the
commissioner of education for state aid to reimburse the costs of transporting
pupils who are enrolled in an area learning center program established under
section 123A.05 during the preceding fiscal year. The commissioner shall develop the form and
manner of applications for state aid, the criteria to determine when
transportation is necessary, and the accounting procedure to determine excess
costs. In determining aid amounts, the
commissioner shall consider other revenue received by the district for
transportation for area learning center purposes.
(c) The total aid entitlement for this
section is $1,000,000 each year. The
commissioner must prorate aid if this amount is insufficient to reimburse
district costs.
Sec. 6. [124D.4536]
CAREER AND TECHNICAL EDUCATION CONSORTIUM GRANTS.
Subdivision 1. Definition. "Career and technical education
(CTE) consortium" means a voluntary collaboration of the Minnesota Service
Cooperatives and other regional public and private partners, including school
districts, intermediate school districts, vocational cooperatives, and higher
education institutions, that work together to provide career and technical
education opportunities for students.
Subd. 2. Establishment. (a) A CTE consortium must:
(1) develop career pathways for
students;
(2) develop new career and technical
programs that focus on the industry sectors that fuel the regional economy;
(3) facilitate the development of
highly trained and knowledgeable students who are equipped with technical and
workplace skills needed by regional employers;
(4) improve access to career and
technical education programs for students by developing public and private
partnerships with labor, business, and industry leaders and by increasing
coordination of high school and postsecondary program options;
(5) increase family and student
awareness of the availability and benefit of career and technical education
courses and training opportunities; and
(6) provide industry-level equipment
and technologies supporting skill development as identified by CTE consortia
partners.
(b) In addition to the requirements in
paragraph (a), a CTE consortium may:
(1) address the teacher shortage crisis
in career and technical education through incentive funding and training
programs;
(2) provide professional development
for training teachers in curriculum and skill development in focus areas
identified by CTE consortia partners; and
(3) provide transportation
reimbursement grants to provide equitable opportunities throughout the region
for students to participate in career and technical education.
Subd. 3. Career
and technical education advisory committee.
The Minnesota Service Cooperatives must establish a career and
technical education advisory committee to provide advice on the administration
of a CTE consortium.
Subd. 4. Private
funding. A CTE consortium may
receive other sources of funds to supplement state funding. All funds received must be administered by
the Minnesota Service Cooperatives.
Subd. 5. Reporting
requirements. By January 15
of each year, a CTE consortium receiving funding under this section must submit
an annual report on the progress of its activities to the commissioner of
education and the chairs and ranking minority members of the legislative
committees with jurisdiction over secondary and postsecondary education. The annual report must contain a financial
report for the preceding fiscal year.
Subd. 6. Grant
awards. The Minnesota Service
Cooperatives serves as the fiscal host for grants awarded under this section. The Minnesota Service Cooperatives may
consult with the commissioner to award grants to any CTE consortium that
qualifies under this section.
EFFECTIVE
DATE. This section is effective
July 1, 2023.
Sec. 7. Minnesota Statutes 2022, section 124D.59, subdivision 2, is amended to read:
Subd. 2. English learner. (a) "English learner" means a pupil in kindergarten through grade 12; an early childhood special education student under Part B, section 619 of the Individuals with Disabilities Education Act, United States Code, title 20, section 1419; or a prekindergarten student enrolled in an approved voluntary prekindergarten program under section 124D.151 or a school readiness plus program who meets the requirements under subdivision 2a or the following requirements:
(1) the pupil, as declared by a parent or guardian first learned a language other than English, comes from a home where the language usually spoken is other than English, or usually speaks a language other than English; and
(2) the pupil is determined by a valid assessment measuring the pupil's English language proficiency and by developmentally appropriate measures, which might include observations, teacher judgment, parent recommendations, or developmentally appropriate assessment instruments, to lack the necessary English skills to participate fully in academic classes taught in English.
(b) A pupil enrolled in a Minnesota public school in any grade 4 through 12 who in the previous school year took a commissioner-provided assessment measuring the pupil's emerging academic English, shall be counted as an English learner in calculating English learner pupil units under section 126C.05, subdivision 17, and shall generate state English learner aid under section 124D.65, subdivision 5, if the pupil scored below the state cutoff score or is otherwise counted as a nonproficient participant on the assessment measuring the pupil's emerging academic English, or, in the judgment of the pupil's classroom teachers, consistent with section 124D.61, clause (1), the pupil is unable to demonstrate academic language proficiency in English, including oral academic language, sufficient to successfully and fully participate in the general core curriculum in the regular classroom.
(c) Notwithstanding paragraphs (a) and (b), a pupil in early childhood special education or prekindergarten under section 124D.151, through grade 12 shall not be counted as an English learner in calculating English learner pupil units under section 126C.05, subdivision 17, and shall not generate state English learner aid under section 124D.65, subdivision 5, if:
(1) the pupil is not enrolled during the current fiscal year in an educational program for English learners under sections 124D.58 to 124D.64; or
(2) the pupil has generated seven or more years of average daily membership in Minnesota public schools since July 1, 1996.
EFFECTIVE
DATE. This section is
effective for revenue for fiscal year 2024 and later.
Sec. 8. Minnesota Statutes 2022, section 124D.65, subdivision 5, is amended to read:
Subd. 5. School
district EL revenue. (a) For
fiscal year 2024 through fiscal year 2026, a district's English learner
programs revenue equals the sum of:
(1) the product of (1) $704
times (2) (i) $1,228 and (ii) the greater of 20 or the adjusted
average daily membership of eligible English learners enrolled in the district
during the current fiscal year; and
(2) $436 times the English learner
pupil units under section 126C.05, subdivision 17.
(b) For fiscal year 2027 and later, a
district's English learner programs revenue equals the sum of:
(1) the product of: (i) $1,775, and (ii) the greater of 20 or the
adjusted average daily membership of eligible English learners enrolled in the
district during the current fiscal year;
(2) $630 times the English learner
pupil units under section 126C.05, subdivision 17; and
(3) the district's English learner cross subsidy aid. A district's English learner cross subsidy aid under paragraph (c) equals 25 percent of the district's English learner cross subsidy for fiscal year 2027 and later.
(c) A district's English learner cross
subsidy aid equals the greater of zero or the difference between the district's
expenditures for qualifying English learner services for the second previous
year and the district's English learner revenue for the second previous year.
(b) (d) A pupil ceases to
generate state English learner aid in the school year following the school year
in which the pupil attains the state cutoff score on a commissioner-provided
assessment that measures the pupil's emerging academic English.
Sec. 9. [124D.995]
SCHOOL UNEMPLOYMENT AID.
Subdivision 1. Account
established. An account is
established in the special revenue fund known as the school unemployment aid
account.
Subd. 2. Funds
deposited in account. Funds
appropriated for school unemployment aid must be transferred to the school
unemployment aid account in the special revenue fund.
Subd. 3. Money
appropriated. (a) Subject to
the availability of funds, money in the account is annually appropriated to the
commissioner of education to reimburse school districts; charter schools;
intermediate school districts and cooperative units under section 123A.24,
subdivision 2; the Perpich Center for Arts Education; and the Minnesota State
Academies for costs associated with providing unemployment benefits to school
employees under section 268.085, subdivision 7, paragraph (b).
(b) The Perpich Center for Arts
Education and the Minnesota State Academies may only apply to the commissioner
for reimbursement of unemployment insurance amounts in excess of the amounts
specifically identified in their annual agency appropriations.
(c) If the amount in the account
is insufficient, the commissioner must proportionately reduce the aid payment
to each recipient. Aid payments must be
paid 100 percent in the current year.
Subd. 4. Administration
and monitoring. Up to
$275,000 is annually appropriated from the account to the commissioner of
education for costs associated with administering and monitoring the program
under this section. This amount is in
addition to any other amount specifically appropriated for this purpose.
Subd. 5. School
reimbursement. The
commissioner of education must reimburse school districts, charter schools,
intermediate school districts and other cooperative units, the Perpich Center
for Arts Education, and the Minnesota State Academies in the form and manner
specified by the commissioner. The
commissioner may establish procedures to ensure that any costs reimbursed under
this section are excluded from other school revenue calculations.
Subd. 6. Expiration. This section expires on June 30, 2027,
and any balance remaining in the account is canceled to the general fund.
Sec. 10. Minnesota Statutes 2022, section 126C.10, subdivision 2, is amended to read:
Subd. 2. Basic
revenue. (a) The basic
revenue for each district equals the formula allowance times the adjusted pupil
units for the school year. The
formula allowance for fiscal year 2021 is $6,567. The formula allowance for fiscal year 2022 is
$6,728. The formula allowance for
fiscal year 2023 and later is $6,863.
The formula allowance for fiscal year 2024 is $7,138. The formula allowance for fiscal year 2025 is
$7,281.
(b) The formula allowance for fiscal
year 2026 and later must be rounded to the nearest whole dollar and equals the
formula allowance for the previous fiscal year times the greater of:
(1) 1.02; or
(2) one plus the rate of change in
inflation calculated in paragraph (c) but not to exceed 1.03.
(c) In January of the calendar year in
which the formula allowance begins, the commissioner of education must
calculate the rate of change in inflation equal to the change in the Consumer
Price Index for all urban consumers as published by the Bureau of Labor
Statistics of the Department of Labor for the average of the fourth calendar
quarter of the second prior fiscal year
compared to the average of the fourth calendar quarter of the immediately prior
fiscal year.
(d) The commissioner must publish the
formula allowance by the end of February of each year.
(e) It is the policy and purpose of the
legislature to fund its public schools consistent with its constitutional
obligations. To this purpose, the
legislature may enact additional increases in the general education basic
formula allowance.
Sec. 11. Minnesota Statutes 2022, section 126C.10, subdivision 2a, is amended to read:
Subd. 2a. Extended
time revenue. (a) A school
district's extended time allowance equals $5,117 for fiscal year 2023 and later.
(b) A school district's extended
time revenue is equal to the product of $5,117 the extended time
allowance in paragraph (a) and the sum of the adjusted pupil units of the
district for each pupil in average daily membership in excess of 1.0 and less
than 1.2 according to section 126C.05, subdivision 8.
(b) (c) Extended
time revenue for pupils placed in an on-site education program at the Prairie
Lakes Education Center or the Lake Park School, located within the borders of
Independent School District No. 347, Willmar, for instruction provided
after the end of the preceding regular school year and before the beginning of
the following regular school year equals membership hours divided by the
minimum annual instructional hours in section 126C.05, subdivision 15, not to
exceed 0.20, times the pupil unit weighting in section 126C.05, subdivision 1,
times $5,117 the extended time allowance in paragraph (a).
(d) A school district qualifies for
extended time revenue for instruction provided after the end of the preceding
regular school year and before the beginning of the following regular school
year for (1) every pupil attending a day treatment program, and (2) every pupil
placed in a children's residential facility, whether the education services are
provided on-site or off-site. Extended
time revenue under this paragraph equals total membership hours in summer
instruction divided by the minimum annual instructional hours in section
126C.05, subdivision 15, not to exceed 0.20, times the pupil unit weighting in
section 126C.05, subdivision 1, times the extended time allowance.
(e) For purposes of this subdivision,
"children's residential facility" means a residential facility for
children, including a psychiatric residential treatment facility, licensed by
the Department of Human Services or the Department of Corrections and subject
to Minnesota Rules, chapter 2960, or an inpatient hospitalization that includes
mental health services.
(f) For purposes of this subdivision,
"day treatment program" means:
(1) a site-based structured mental
health program consisting of psychotherapy for three or more individuals and
individual or group skills training provided by a team, under the treatment
supervision of a mental health professional; or
(2) any other day treatment program
designated by the commissioner of education consistent with the Minnesota
Automated Reporting Student System manual, procedure 27.
(c) (g) A school district's
extended time revenue may be used for extended day programs, extended week
programs, summer school, vacation break academies such as spring break
academies and summer term academies, and other programming authorized under the
learning year program.
EFFECTIVE
DATE. This section is
effective for revenue for fiscal year 2024 and later.
Sec. 12. Minnesota Statutes 2022, section 126C.10, subdivision 2e, is amended to read:
Subd. 2e. Local
optional revenue. (a) For fiscal
year 2021 and later, Local optional revenue for a school district equals
the sum of the district's first tier local optional revenue and second tier
local optional revenue. A district's
first tier local optional revenue equals $300 times the adjusted pupil units of
the district for that school year. A district's second tier local optional revenue
equals $424 times the adjusted pupil units of the district for that school
year.
(b) For fiscal year 2021 and later,
A district's local optional levy equals the sum of the first tier local
optional levy and the second tier local optional levy.
(c) A district's first tier local optional levy equals the district's first tier local optional revenue times the lesser of one or the ratio of the district's referendum market value per resident pupil unit to $880,000.
(d) For fiscal year 2022, a district's
second tier local optional levy equals the district's second tier local
optional revenue times the lesser of one or the ratio of the district's
referendum market value per resident pupil unit to $510,000. For fiscal year 2023, a district's second
tier local optional levy equals the district's second tier local optional
revenue times the lesser of one or the ratio of the district's referendum
market value per resident pupil unit
to $548,842. For fiscal year 2024 and later, a
district's second tier local optional levy equals the district's second tier
local optional revenue times the lesser of one or the ratio of the district's
referendum market value per resident pupil unit to $510,000. For fiscal year 2025, a district's second
tier local optional levy equals the district's second tier local optional
revenue times the lesser of one or the ratio of the district's referendum
market value per resident pupil unit to $587,244. For fiscal year 2026, a district's second
tier local optional levy equals the district's second tier local optional
revenue times the lesser of one or the ratio of the district's referendum
market value per resident pupil unit to $642,038. For fiscal year 2027 and later, a district's
second tier local optional levy equals the district's second tier local
optional revenue times the lesser of one or the ratio of the district's
referendum market value per resident pupil unit to $671,345.
(e) The local optional levy must be spread on referendum market value. A district may levy less than the permitted amount.
(f) A district's local optional aid equals its local optional revenue minus its local optional levy. If a district's actual levy for first or second tier local optional revenue is less than its maximum levy limit for that tier, its aid must be proportionately reduced.
Sec. 13. Minnesota Statutes 2022, section 126C.10, subdivision 3, is amended to read:
Subd. 3. Compensatory education revenue. (a) For fiscal year 2024, the compensatory education revenue for each building in the district equals the formula allowance minus $839 times the compensation revenue pupil units computed according to section 126C.05, subdivision 3. A district's compensatory revenue equals the sum of its compensatory revenue for each building in the district and the amounts designated under Laws 2015, First Special Session chapter 3, article 2, section 70, subdivision 8, for fiscal year 2017. Revenue shall be paid to the district and must be allocated according to section 126C.15, subdivision 2.
(b) For fiscal year 2025, compensatory
revenue must be calculated under Laws 2023, chapter 18, section 3.
(c) For fiscal year 2026 and later, the
compensatory education revenue for each building in the district equals its
compensatory pupils multiplied by the building compensatory allowance. Revenue shall be paid to the district and
must be allocated according to section 126C.15, subdivision 2.
(b) (d) When the district
contracting with an alternative program under section 124D.69 changes prior to
the start of a school year, the compensatory revenue generated by pupils
attending the program shall be paid to the district contracting with the
alternative program for the current school year, and shall not be paid to the
district contracting with the alternative program for the prior school year.
(c) (e) When the fiscal
agent district for an area learning center changes prior to the start of a
school year, the compensatory revenue shall be paid to the fiscal agent
district for the current school year, and shall not be paid to the fiscal agent
district for the prior school year.
(f) Notwithstanding paragraph (c), for
voluntary prekindergarten programs under section 124D.151, charter schools, and
contracted alternative programs in the first year of operation, compensatory
education revenue must be computed using data for the current fiscal year. If the voluntary prekindergarten program,
charter school, or contracted alternative program begins operation after
October 1, compensatory education revenue must be computed based on pupils
enrolled on an alternate date determined by the commissioner, and the
compensatory education revenue must be prorated based on the ratio of the
number of days of student instruction to 170 days.
(g) Notwithstanding paragraph (c), for
fiscal year 2026, if the calculation under paragraph (d) results in statewide
revenue of less than $838,947,000, additional revenue must be provided to each
building in a manner prescribed by the commissioner of education until total
statewide revenue equals $838,947,000.
(h) Notwithstanding paragraph
(c), for fiscal year 2027, if the calculation under paragraph (d) results in
statewide revenue of less than $857,152,000, additional revenue must be
provided to each building in a manner prescribed by the commissioner of education
until total statewide revenue equals $857,152,000.
Sec. 14. Minnesota Statutes 2022, section 126C.10, is amended by adding a subdivision to read:
Subd. 3a. Definitions. The definitions in this subdivision
apply only to subdivisions 3, 3b, and 3c.
(a) "Building compensatory
allowance" means a building concentration factor multiplied by the
statewide compensatory allowance.
(b) "Building concentration
factor" means the ratio of a building's compensatory pupils to the number
of pupils enrolled in the building on October 1 of the previous fiscal year.
(c) "Compensatory pupils"
means the sum of the number of pupils enrolled in a building eligible to
receive free meals pursuant to subdivision 3b plus one-half of the pupils
eligible to receive reduced priced meals pursuant to subdivision 3b on October
1 of the previous fiscal year.
(d) "Statewide compensatory
allowance" means the amount calculated pursuant to subdivision 3c.
Sec. 15. Minnesota Statutes 2022, section 126C.10, is amended by adding a subdivision to read:
Subd. 3b. Free
and reduced-price meals. Beginning
October 1, 2024, the commissioner shall determine the number of children
eligible by means of direct certification to receive either a free or
reduced-price meal on October 1 each year.
Children enrolled in a building on October 1 and determined to be
eligible by means of direct certification to receive free or reduced-price
meals by December 15 of that school year shall be counted as eligible on
October 1 for purposes of subdivision 3.
The commissioner must use federal definitions for these purposes. The commissioner may adopt reporting
guidelines to assure accuracy of data counts and eligibility. Districts must use any guidelines adopted by
the commissioner.
Sec. 16. Minnesota Statutes 2022, section 126C.10, is amended by adding a subdivision to read:
Subd. 3c. Statewide compensatory allowance. (a) For fiscal year 2026, the statewide compensatory allowance is $6,734. For fiscal year 2027 and later, the statewide compensatory allowance equals the statewide compensatory allowance in effect for the prior fiscal year times the ratio of the formula allowance under section 126C.10, subdivision 2, for the current fiscal year to the formula allowance under section 126C.10, subdivision 2, for the prior fiscal year, rounded to the nearest whole dollar.
(b) For fiscal year 2026 and later, the
statewide compensatory allowance equals the statewide compensatory allowance in
effect for the prior fiscal year times the ratio of the formula allowance under
section 126C.10, subdivision 2, for the current fiscal year to the formula
allowance under section 126C.10, subdivision 2, for the prior fiscal year,
rounded to the nearest whole dollar.
Sec. 17. Minnesota Statutes 2022, section 126C.10, subdivision 4, is amended to read:
Subd. 4. Basic skills revenue. A school district's basic skills revenue equals the sum of:
(1) compensatory revenue under subdivision
3; plus and
(2) English learner revenue under section
124D.65, subdivision 5; plus
(3) $250 times the English learner pupil units under section 126C.05, subdivision 17.
Sec. 18. Minnesota Statutes 2022, section 126C.10, subdivision 13, is amended to read:
Subd. 13. Total
operating capital revenue. (a) Total
operating capital revenue for a district equals the amount determined under
paragraph (b) or (c), plus sum of:
(1) $79 times the adjusted pupil
units for the school year.;
(2) the product of $109, the district's
maintenance cost index, and its adjusted pupil units for the school year plus
the amount computed under paragraph (c); and
(3) $2 times the adjusted pupil units
of the school district for the school year for the purposes of supplying
menstrual products under subdivision 14, clause (26), and opiate antagonists
under subdivision 14, clause (27).
(b) The revenue under this subdivision must be placed in a reserved account in the general fund and may only be used according to subdivision 14.
(b) Capital revenue for a district
equals $109 times the district's maintenance cost index times its adjusted
pupil units for the school year.
(c) The revenue under paragraph (a), clause (2), for a district that operates a program under section 124D.128, is increased by an amount equal to $31 times the number of adjusted pupil units served at the site where the program is implemented.
EFFECTIVE
DATE. This section is
effective for revenue for fiscal year 2024 and later.
Sec. 19. Minnesota Statutes 2022, section 126C.10, subdivision 14, is amended to read:
Subd. 14. Uses of total operating capital revenue. Total operating capital revenue may be used only for the following purposes:
(1) to acquire land for school purposes;
(2) to acquire or construct buildings for school purposes;
(3) to rent or lease buildings, including the costs of building repair or improvement that are part of a lease agreement;
(4) to improve and repair school sites and buildings, and equip or reequip school buildings with permanent attached fixtures, including library media centers;
(5) for a surplus school building that is used substantially for a public nonschool purpose;
(6) to eliminate barriers or increase access to school buildings by individuals with a disability;
(7) to bring school buildings into compliance with the State Fire Code adopted according to chapter 299F;
(8) to remove asbestos from school buildings, encapsulate asbestos, or make asbestos-related repairs;
(9) to clean up and dispose of polychlorinated biphenyls found in school buildings;
(10) to clean up, remove, dispose of, and make repairs related to storing heating fuel or transportation fuels such as alcohol, gasoline, fuel oil, and special fuel, as defined in section 296A.01;
(11) for energy audits for school buildings and to modify buildings if the audit indicates the cost of the modification can be recovered within ten years;
(12) to improve buildings that are leased according to section 123B.51, subdivision 4;
(13) to pay special assessments levied against school property but not to pay assessments for service charges;
(14) to pay principal and interest on
state loans for energy conservation according to section 216C.37 or loans made
under the Douglas J. Johnson Economic Protection Trust Fund Act according to
sections 298.292 to 298.298 298.297;
(15) to purchase or lease interactive telecommunications equipment;
(16) by board resolution, to transfer money into the debt redemption fund to: (i) pay the amounts needed to meet, when due, principal and interest payments on certain obligations issued according to chapter 475; or (ii) pay principal and interest on debt service loans or capital loans according to section 126C.70;
(17) to pay operating capital-related assessments of any entity formed under a cooperative agreement between two or more districts;
(18) to purchase or lease computers and related hardware, software, and annual licensing fees, copying machines, telecommunications equipment, and other noninstructional equipment;
(19) to purchase or lease assistive technology or equipment for instructional programs;
(20) to purchase textbooks as defined in section 123B.41, subdivision 2;
(21) to purchase new and replacement library media resources or technology;
(22) to lease or purchase vehicles;
(23) to purchase or lease telecommunications equipment, computers, and related equipment for integrated information management systems for:
(i) managing and reporting learner outcome information for all students under a results-oriented graduation rule;
(ii) managing student assessment, services, and achievement information required for students with individualized education programs; and
(iii) other classroom information management needs;
(24) to pay personnel costs directly
related to the acquisition, operation, and maintenance of telecommunications
systems, computers, related equipment, and network and applications software; and
(25) to pay the costs directly associated
with closing a school facility, including moving and storage costs;
(26) to pay the costs of supplies and
equipment necessary to provide access to menstrual products at no charge to
students in restrooms and as otherwise needed in school facilities; and
(27) to pay the costs of the opiate antagonists required under section 121A.224.
EFFECTIVE
DATE. This section is
effective July 1, 2023.
Sec. 20. Minnesota Statutes 2022, section 126C.10, subdivision 18a, is amended to read:
Subd. 18a. Pupil
transportation adjustment. (a) An
independent, common, or special school district's transportation sparsity
revenue under subdivision 18 is increased by the greater of zero or 18.2
35 percent of the difference between:
(1) the lesser of the district's total cost for regular and excess pupil transportation under section 123B.92, subdivision 1, paragraph (b), including depreciation, for the previous fiscal year or 105 percent of the district's total cost for the second previous fiscal year; and
(2) the sum of:
(i) 4.66 percent of the district's basic revenue for the previous fiscal year;
(ii) transportation sparsity revenue under subdivision 18 for the previous fiscal year;
(iii) the district's charter school transportation adjustment for the previous fiscal year; and
(iv) the district's reimbursement for transportation provided under section 123B.92, subdivision 1, paragraph (b), clause (1), item (vi).
(b) A charter school's pupil transportation adjustment equals the school district per pupil adjustment under paragraph (a).
EFFECTIVE
DATE. This section is
effective for revenue for fiscal year 2024 and later.
Sec. 21. Minnesota Statutes 2022, section 126C.12, is amended by adding a subdivision to read:
Subd. 7. Reporting. A school district must annually report
the district's class size ratios by each grade to the commissioner of education
in the form and manner specified by the commissioner. The department must annually submit a report
beginning December 1, 2024, to the chairs and ranking minority members of the
legislative committees with jurisdiction over kindergarten through grade 12
education detailing the statewide ratios by grade starting with the 2023-2024
school year.
Sec. 22. Minnesota Statutes 2022, section 126C.15, subdivision 1, is amended to read:
Subdivision 1. Use of revenue. (a) The basic skills revenue under section 126C.10, subdivision 4, must be reserved and used to meet the educational needs of pupils who enroll under-prepared to learn and whose progress toward meeting state or local content or performance standards is below the level that is appropriate for learners of their age. Basic skills revenue may also be used for programs designed to prepare children and their families for entry into school whether the student first enrolls in kindergarten or first grade.
(b) For fiscal years prior to fiscal year 2024, any of the following may be provided to meet these learners' needs:
(1) direct instructional services under the assurance of mastery program according to section 124D.66;
(2) remedial instruction in reading, language arts, mathematics, other content areas, or study skills to improve the achievement level of these learners;
(3) additional teachers and teacher aides to provide more individualized instruction to these learners through individual tutoring, lower instructor-to-learner ratios, or team teaching;
(4) a longer school day or week during the regular school year or through a summer program that may be offered directly by the site or under a performance-based contract with a community-based organization;
(5) comprehensive and ongoing staff development consistent with district and site plans according to section 122A.60 and to implement plans under section 120B.12, subdivision 4a, for teachers, teacher aides, principals, and other personnel to improve their ability to identify the needs of these learners and provide appropriate remediation, intervention, accommodations, or modifications;
(6) instructional materials, digital learning, and technology appropriate for meeting the individual needs of these learners;
(7) programs to reduce truancy, encourage completion of high school, enhance self-concept, provide health services, provide nutrition services, provide a safe and secure learning environment, provide coordination for pupils receiving services from other governmental agencies, provide psychological services to determine the level of social, emotional, cognitive, and intellectual development, and provide counseling services, guidance services, and social work services;
(8) bilingual programs, bicultural programs, and programs for English learners;
(9) all-day kindergarten;
(10) early education programs, parent-training programs, school readiness programs, kindergarten programs for four-year-olds, voluntary home visits under section 124D.13, subdivision 4, and other outreach efforts designed to prepare children for kindergarten;
(11) extended school day and extended school year programs; and
(12) substantial parent involvement in developing and implementing remedial education or intervention plans for a learner, including learning contracts between the school, the learner, and the parent that establish achievement goals and responsibilities of the learner and the learner's parent or guardian.
(c) For fiscal year 2024 and later, a
district's basic skills revenue must be used for:
(1) remedial instruction and necessary
materials in reading, language arts, mathematics, other content areas, or study
skills to improve the achievement level of these learners;
(2) additional teachers and teacher
aides to provide more individualized instruction to these learners through
individual tutoring, lower instructor-to-learner ratios, or team teaching;
(3) a longer school day or week during
the regular school year or through a summer program that may be offered
directly by the site or under a performance-based contract with a
community-based organization;
(4) programs to reduce truancy; provide
counseling services, guidance services, and social work services; and provide
coordination for pupils receiving services from other governmental agencies;
(5) bilingual programs,
bicultural programs, and programs for English learners;
(6) early education programs,
parent-training programs, early childhood special education, school readiness
programs, kindergarten programs for four-year-olds, voluntary home visits under
section 124D.13, subdivision 4, and other outreach efforts designed to prepare
children for kindergarten;
(7) transition programs operated by school districts for special education students until the age of 22;
(8) substantial parent involvement in
developing and implementing remedial education or intervention plans for a
learner, including learning contracts between the school, the learner, and the
parent that establish achievement goals and responsibilities of the learner and
the learner's parent or guardian; and
(9) professional development for
teachers on meeting the needs of English learners, using assessment tools and
data to monitor student progress, and reducing the use of exclusionary
discipline, and training for tutors and staff in extended day programs to
enhance staff's knowledge in content areas.
Sec. 23. Minnesota Statutes 2022, section 126C.15, subdivision 2, is amended to read:
Subd. 2. Building allocation. (a) A district or cooperative must allocate at least 80 percent of its compensatory revenue to each school building in the district or cooperative where the children who have generated the revenue are served unless the school district or cooperative has received permission under Laws 2005, First Special Session chapter 5, article 1, section 50, to allocate compensatory revenue according to student performance measures developed by the school board.
(b) Notwithstanding paragraph (a), A
district or cooperative may allocate up to 50 no more than 20
percent of the amount of compensatory revenue that the district receives to
school sites according to a plan adopted by the school board. The money reallocated under this paragraph
must be spent for the purposes listed in subdivision 1, but may be spent on
students in any grade, including students attending school readiness or other
prekindergarten programs.
(c) For the purposes of this section and section 126C.05, subdivision 3, "building" means education site as defined in section 123B.04, subdivision 1.
(d) Notwithstanding section 123A.26, subdivision 1, compensatory revenue generated by students served at a cooperative unit shall be paid to the cooperative unit.
(e) A district or cooperative with school building openings, school building closings, changes in attendance area boundaries, or other changes in programs or student demographics between the prior year and the current year may reallocate compensatory revenue among sites to reflect these changes. A district or cooperative must report to the department any adjustments it makes according to this paragraph and the department must use the adjusted compensatory revenue allocations in preparing the report required under section 123B.76, subdivision 3, paragraph (c).
EFFECTIVE
DATE. This section is
effective for revenue for fiscal year 2024 and later.
Sec. 24. Minnesota Statutes 2022, section 126C.15, subdivision 5, is amended to read:
Subd. 5. Annual
expenditure report. Each year a
district (a) By February 1 annually, the commissioner of education must
report to the legislature the expenditures of each district that receives
received basic skills revenue must submit a report identifying the
expenditures it incurred to meet the needs of eligible learners in the
previous fiscal year under subdivision 1.
The report must conform to uniform financial and reporting standards
established for this purpose and provide a breakdown by functional area. Using valid and reliable data and
measurement criteria, the report also must determine whether increased
expenditures raised student achievement levels.
(b) A district must also report
whether programs funded with compensatory revenue are consistent with best
practices demonstrated to improve student achievement.
(c) The Department of Education and
regional centers of excellence must identify and provide to schools best
practices for implementing programs for each use of revenue specified in
subdivision 1.
Sec. 25. Minnesota Statutes 2022, section 126C.17, is amended by adding a subdivision to read:
Subd. 9b. Renewal
by school board. (a)
Notwithstanding the election requirements of subdivision 9, a school board may
renew an expiring referendum by board action if:
(1) the per pupil amount of the
referendum is the same as the amount expiring, or for an expiring referendum
that was adjusted annually by the rate of inflation, the same as the per-pupil
amount of the expiring referendum, adjusted annually for inflation in the same
manner as if the expiring referendum had continued;
(2) the term of the renewed referendum is no longer than the initial term approved by the voters;
(3) the school board, having taken a
recorded vote, has adopted a written resolution authorizing the renewal after holding
a meeting and allowing public testimony on the proposed renewal; and
(4) the expiring referendum has not
been previously renewed under this subdivision.
(b) The resolution must be adopted by
the school board by June 15 of any calendar year and becomes effective 60 days
after its adoption.
(c) A referendum expires in the last
fiscal year in which the referendum generates revenue for the school district. A school board may renew an expiring
referendum under this subdivision not more than two fiscal years before the
referendum expires.
(d) A district renewing an expiring
referendum under this subdivision must submit a copy of the adopted resolution
to the commissioner and to the county auditor no later than September 1 of the
calendar year in which the written resolution is adopted.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 26. Minnesota Statutes 2022, section 126C.43, subdivision 2, is amended to read:
Subd. 2. Payment to unemployment insurance program trust fund by state and political subdivisions. (a) A district may levy the amount necessary (1) to pay the district's obligations under section 268.052, subdivision 1, and (2) to pay for job placement services offered to employees who may become eligible for benefits pursuant to section 268.085 for the fiscal year the levy is certified.
(b) Districts with a balance remaining in their reserve for reemployment as of June 30, 2003, may not expend the reserved funds for future reemployment expenditures. Each year a levy reduction must be made to return these funds to taxpayers. The amount of the levy reduction must be equal to the lesser of: (1) the remaining reserved balance for reemployment, or (2) the amount of the district's current levy under paragraph (a).
(c) The amount in paragraph (a) must
not include the amounts for hourly school employees during the period of the
summer term.
Sec. 27. Minnesota Statutes 2022, section 127A.353, subdivision 2, is amended to read:
Subd. 2. Qualifications. The governor shall select the school
trust lands director on the basis of outstanding professional qualifications
and knowledge of finance, business practices, minerals, forest and real estate
management, and the fiduciary responsibilities of a trustee to the
beneficiaries of a trust. The school
trust lands director serves in the unclassified service for a term of four
years. The first term shall end on
December 31, 2020. The governor may
remove the school trust lands director for cause. If a director resigns or is removed for
cause, the governor shall appoint a director for the remainder of the term.
Sec. 28. Minnesota Statutes 2022, section 127A.353, subdivision 4, is amended to read:
Subd. 4. Duties; powers. (a) The school trust lands director shall:
(1) take an oath of office before
assuming any duties as the director act in a fiduciary capacity for
trust beneficiaries in accordance with the principles under section 127A.351;
(2) evaluate the school trust land asset position;
(3) determine the estimated current and potential market value of school trust lands;
(4) advise and provide recommendations
to the governor, Executive Council, commissioner of natural resources,
and the Legislative Permanent School Fund Commission on the management of
school trust lands, including: on school trust land management policies
and other policies that may affect the goal of the permanent school fund under
section 127A.31;
(5) advise and provide recommendations
to the Executive Council and Land Exchange Board on all matters regarding
school trust lands presented to either body;
(6) advise and provide recommendations
to the commissioner of natural resources on managing school trust lands,
including but not limited to advice and recommendations on:
(i) Department of Natural Resources school trust land management plans;
(ii) leases of school trust lands;
(iii) royalty agreements on school trust lands;
(iv) land sales and exchanges;
(v) cost certification; and
(vi) revenue generating options;
(7) serve as temporary trustee of
school trust lands for school trust lands subject to proposed or active eminent
domain proceedings;
(8) serve as temporary trustee of
school trust lands pursuant to section 94.342, subdivision 5;
(5) propose (9) submit to
the Legislative Permanent School Fund Commission for review an annual budget
and management plan for the director that includes proposed legislative
changes that will improve the asset allocation of the school trust lands;
(6) (10) develop and
implement a ten-year strategic plan and a 25-year framework for management
of school trust lands, in conjunction with the commissioner of natural
resources, that is updated every five years and implemented by the
commissioner, with goals to:
(i) retain core real estate assets;
(ii) increase the value of the real estate assets and the cash flow from those assets;
(iii) rebalance the portfolio in assets with high performance potential and the strategic disposal of selected assets;
(iv) establish priorities for management actions;
(v) balance revenue enhancement and resource stewardship; and
(vi) advance strategies on school trust
lands to capitalize on ecosystem services markets; and
(7) submit to the Legislative Permanent
School Fund Commission for review an annual budget and management plan for the
director; and
(8) (11) keep the
beneficiaries, governor, legislature, and the public informed about the work of
the director by reporting to the Legislative Permanent School Fund Commission
in a public meeting at least once during each calendar quarter.
(b) In carrying out the duties under
paragraph (a), the school trust lands director shall have the authority to
may:
(1) direct and control money appropriated to the director;
(2) establish job descriptions and employ up
to five employees in the unclassified service, staff within the
limitations of money appropriated to the director;
(3) enter into interdepartmental agreements with any other state agency;
(4) enter into joint powers agreements under chapter 471;
(5) evaluate and initiate real estate
development projects on school trust lands in conjunction with the
commissioner of natural resources and with the advice of the Legislative
Permanent School Fund Commission in order to generate long-term economic
return to the permanent school fund; and
(6) serve as temporary trustee of
school trust land for school trust lands subject to proposed or active eminent
domain proceedings; and
(7) (6) submit
recommendations on strategies for school trust land leases, sales, or exchanges
to the commissioner of natural resources and the Legislative Permanent School
Fund Commission.
Sec. 29. Minnesota Statutes 2022, section 128C.01, subdivision 4, is amended to read:
Subd. 4. Board. (a) The league must have a 20 22-member
governing board.
(1) The governor must appoint four members according to section 15.0597. Each of the four appointees must be a parent. At least one of them must be an American Indian, an Asian, a Black, or a Hispanic.
(2) The Minnesota Association of Secondary School Principals must appoint two of its members.
(3) The remaining 14 16
members must be selected according to league bylaws the league's
constitution.
(b) The terms, compensation, removal of members, and the filling of membership vacancies are governed by section 15.0575, except that the four-year terms begin on August 1 and end on July 31. As provided by section 15.0575, members who are full-time state employees or full-time employees of school districts or other political subdivisions of the state may not receive any per diem payment for service on the board.
Sec. 30. Minnesota Statutes 2022, section 268.085, subdivision 7, is amended to read:
Subd. 7. School employees; between terms denial. (a) Wage credits from employment with an educational institution or institutions may not be used for unemployment benefit purposes for any week during the period between two successive academic years or terms if:
(1) the
applicant had employment for an educational institution or institutions in the
prior academic year or term; and
(2) there is a reasonable assurance that the applicant will have employment for an educational institution or institutions in the following academic year or term.
This paragraph applies to a vacation
period or holiday recess if the applicant was employed immediately before the
vacation period or holiday recess, and there is a reasonable assurance that the
applicant will be employed immediately following the vacation period or holiday
recess. This paragraph also
applies to the period between two regular but not successive terms if there is
an agreement for that schedule between the applicant and the educational
institution.
This paragraph does not apply if the subsequent employment is substantially less favorable than the employment of the prior academic year or term, or the employment prior to the vacation period or holiday recess.
(b) Paragraph (a) does not apply to an
applicant who, at the end of the prior academic year or term, had an agreement
for a definite period of employment between academic years or terms in other
than an instructional, research, or principal administrative capacity and the
educational institution or institutions failed to provide that employment. any week during the period between two
successive academic years or terms if an applicant worked in a capacity other
than instructional, research, or principal administrative capacity.
(c) If unemployment benefits are denied
to any applicant under paragraph (a) who was employed in the prior academic
year or term in other than an instructional, research, or principal
administrative capacity and who was not offered an opportunity to perform the
employment in the following academic year or term, the applicant is entitled to
retroactive unemployment benefits for each week during the period between
academic years or terms that the applicant filed a timely continued request for
unemployment benefits, but unemployment benefits were denied solely because of
paragraph (a). Paragraph (a)
applies to a vacation period or holiday recess if the applicant was employed
immediately before the vacation period or holiday recess, and there is a
reasonable assurance that the applicant will be employed immediately following
the vacation period or holiday recess, including applicants who worked in a
capacity other than instructional, research, or principal administrative
capacity.
(d) This subdivision applies to employment with an educational service agency if the applicant performed the services at an educational institution or institutions. "Educational service agency" means a governmental entity established and operated for the purpose of providing services to one or more educational institutions.
(e) This subdivision applies to employment with Minnesota, a political subdivision, or a nonprofit organization, if the services are provided to or on behalf of an educational institution or institutions.
(f) Paragraph (a) applies beginning the Sunday of the week that there is a reasonable assurance of employment.
(g) Employment and a reasonable assurance with multiple education institutions must be aggregated for purposes of application of this subdivision.
(h) If all of the applicant's employment with any educational institution or institutions during the prior academic year or term consisted of on-call employment, and the applicant has a reasonable assurance of any on-call employment with any educational institution or institutions for the following academic year or term, it is not considered substantially less favorable employment.
(i) A "reasonable assurance" may be written, oral, implied, or established by custom or practice.
(j) An "educational institution" is a school, college, university, or other educational entity operated by Minnesota, a political subdivision or instrumentality thereof, or a nonprofit organization.
(k) An "instructional, research, or principal administrative capacity" does not include an educational assistant.
EFFECTIVE
DATE. This section is
effective May 28, 2023.
Sec. 31. Minnesota Statutes 2022, section 290.0679, subdivision 2, is amended to read:
Subd. 2. Conditions
for assignment. A qualifying
taxpayer may assign all or part of an anticipated refund for the current and
future taxable years to a financial institution or a qualifying organization. A financial institution or qualifying
organization accepting assignment must pay the amount secured by the assignment
to a third-party vendor. The
commissioner of education shall, upon request from a third-party vendor,
certify that the vendor's products and services qualify for the education
credit. A denial of a certification is
subject to the contested case procedure under may be appealed to the
commissioner pursuant to this subdivision and notwithstanding chapter 14. A financial institution or qualifying
organization that accepts assignments under this section must verify as part of
the assignment documentation that the product or service to be provided by the
third-party vendor has been certified by the commissioner of education as
qualifying for the education credit. The
amount assigned for the current and future taxable years may not exceed the
maximum allowable education credit for the current taxable year. Both the taxpayer and spouse must consent to
the assignment of a refund from a joint return.
Sec. 32. FUND
TRANSFER; BURNSVILLE-EAGAN-SAVAGE SCHOOL DISTRICT.
(a) Notwithstanding Minnesota Statutes,
section 123B.51, subdivision 4, paragraph (b), or any law to the contrary, any
remaining net proceeds received by the district in connection with a lease of
real property that is not needed for school purposes, or part of the property
that is not needed for school purposes as permitted under Minnesota Statutes,
section 123B.51, subdivision 4, paragraph (a), and which the school board of
Independent School District No. 191, Burnsville-Eagan-Savage, specifically
identified in the district's open facilities action plan, may be deposited in
the district's general unrestricted fund following the deposit of such
proceeds, as required under Minnesota Statutes, section 123B.51, subdivision 4,
paragraph (b).
(b) Notwithstanding Minnesota Statutes,
section 123B.51, subdivision 6, paragraphs (c) to (f), or any law to the
contrary, any remaining proceeds of the sale or exchange of school buildings or
real property of Independent School District No. 191,
Burnsville-Eagan-Savage, specifically identified in the district's open
facilities action plan may be deposited in the district's general unrestricted
fund following application of such proceeds, as required under Minnesota
Statutes, section 123B.51, subdivision 6, paragraph (b).
EFFECTIVE
DATE. This section is
effective upon compliance by Independent School District No. 191,
Burnsville-Eagan-Savage, with Minnesota Statutes, section 645.021, subdivisions
2 and 3.
Sec. 33. UNEMPLOYMENT
INSURANCE REPORT.
By January 15 of each year, the
Department of Education, in consultation with the Department of Employment and
Economic Development, must report to the legislative committees with
jurisdiction over education the balances in unemployment insurance aid accounts
and information about the annual changes in reimbursable costs for school
workers receiving unemployment insurance benefits. To the extent possible, the report must break
out the costs by district and major job classes. The report must be filed according to
Minnesota Statutes, section 3.195.
Sec. 34. REPLACING
PAPER FORMS.
By January 15, 2024, the Department of
Education must report to the legislative committees with jurisdiction over
kindergarten through grade 12 education whether free and reduced-price meals information
obtained through parents submitting paper eligibility forms may be eliminated
for compensatory revenue, all school nutritional programs, Title 1 funding,
e-rate funding, and any other federal or state programs that require the
determination of family income for eligibility.
Sec. 35. APPROPRIATIONS
GIVEN EFFECT ONCE.
If an appropriation or transfer in this act is enacted more than once during the 2023 regular session, the appropriation or transfer must be given effect once.
Sec. 36. APPROPRIATIONS.
Subdivision 1. Department
of Education. The sums
indicated in this section are appropriated from the general fund to the
Department of Education for the fiscal years designated.
Subd. 2. General
education aid. (a) For
general education aid under Minnesota Statutes, section 126C.13, subdivision 4:
|
|
$8,093,493,000 |
. . . . . |
2024 |
|
|
$8,229,982,000 |
. . . . . |
2025 |
(b) The 2024 appropriation includes
$707,254,000 for 2023 and $7,386,239,000 for 2024.
(c) The 2025 appropriation includes
$771,521,000 for 2024 and $7,458,461,000 for 2025.
Subd. 3. Enrollment
options transportation. For
transportation of pupils attending postsecondary institutions under Minnesota
Statutes, section 124D.09, or for transportation of pupils attending
nonresident districts under Minnesota Statutes, section 124D.03:
|
|
$18,000 |
.
. . . . |
2024
|
|
|
$19,000 |
.
. . . . |
2025
|
Subd. 4. Abatement
aid. (a) For abatement aid
under Minnesota Statutes, section 127A.49:
|
|
$2,339,000 |
.
. . . . |
2024
|
|
|
$2,665,000 |
.
. . . . |
2025
|
(b) The 2024 appropriation includes
$126,000 for 2023 and $2,213,000 for 2024.
(c) The 2025 appropriation includes
$245,000 for 2024 and $2,420,000 for 2025.
Subd. 5. Consolidation
transition aid. (a) For
districts consolidating under Minnesota Statutes, section 123A.485:
|
|
$187,000 |
. .
. . . |
2024
|
|
|
$290,000 |
. .
. . . |
2025
|
(b) The 2024 appropriation includes
$7,000 for 2023 and $180,000 for 2024.
(c) The 2025 appropriation includes
$20,000 for 2024 and $270,000 for 2025.
Subd. 6. Nonpublic
pupil education aid. (a) For
nonpublic pupil education aid under Minnesota Statutes, sections 123B.40 to
123B.43 and 123B.87:
|
|
$22,354,000 |
. .
. . . |
2024
|
|
|
$23,902,000 |
. .
. . . |
2025
|
(b) The 2024 appropriation includes
$1,925,000 for 2023 and $20,429,000 for 2024.
(c) The 2025 appropriation includes
$2,269,000 for 2024 and $21,633,000 for 2025.
Subd. 7. Nonpublic
pupil transportation. (a) For
nonpublic pupil transportation aid under Minnesota Statutes, section 123B.92,
subdivision 9:
|
|
$22,248,000
|
. .
. . . |
2024
|
|
|
$23,624,000 |
. .
. . . |
2025
|
(b) The 2024 appropriation includes
$2,115,000 for 2023 and $20,133,000 for 2024.
(c) The 2025 appropriation includes
$2,237,000 for 2024 and $21,387,000 for 2025.
Subd. 8. One-room
schoolhouse. For a grant to
Independent School District No. 690, Warroad, to operate the Angle Inlet
School:
|
|
$65,000 |
. .
. . . |
2024
|
|
|
$65,000 |
. .
. . . |
2025
|
Subd. 9. Career
and technical aid. (a) For career
and technical aid under Minnesota Statutes, section 124D.4531, subdivision 1b:
|
|
$1,512,000 |
. .
. . . |
2024
|
|
|
$761,000 |
. .
. . . |
2025
|
(b) The 2024 appropriation includes
$183,000 for 2023 and $1,329,000 for 2024.
(c) The 2025 appropriation includes
$147,000 for 2024 and $614,000 for 2025.
Subd. 10. Pregnant
and parenting pupil transportation reimbursement. (a) To reimburse districts for
transporting pregnant or parenting pupils under Minnesota Statutes, section
123B.92, subdivision 1, paragraph (b), clause (1), item (vi):
|
|
$55,000 |
. .
. . . |
2024
|
|
|
$55,000 |
.
. . . . |
2025
|
(b) To receive reimbursement,
districts must apply using the form and manner of application prescribed by the
commissioner. If the appropriation is
insufficient, the commissioner must prorate the amount paid to districts
seeking reimbursement.
(c) Any balance in the first year does
not cancel but is available in the second year.
Subd. 11. Career
and technical education consortium. (a)
To the Minnesota Service Cooperatives for career and technical education
consortium grants under Minnesota Statutes, section 124D.4536:
|
|
$5,000,000 |
. .
. . . |
2024
|
|
|
$5,000,000 |
. .
. . . |
2025
|
(b) If the appropriation in the first
year is insufficient, the 2025 appropriation is available.
(c) Up to three percent of the
appropriation is available for grant administration.
(d) Any balance in the first year does
not cancel but is available in the second year.
Subd. 12. Career
and technical program expansion; aeronautics pilot program. (a) For Independent School District No. 482,
Little Falls, for an aeronautics and commercial over-the-road technical
program:
|
|
$450,000 |
. .
. . . |
2024
|
(b) The funds must be used to help
support the district's aeronautics and commercial over-the-road technical pilot
program. The funds may be used for
equipment, staffing costs, travel costs, and contracted services.
(c) By February 1, 2027, the district
must report to the chairs and ranking minority members of the legislative
committees with jurisdiction over kindergarten through grade 12 education on
the activities funded by this appropriation.
The report must include but is not limited to information about program
participation and demographic information about the students served in the
program, a description of the type of activities offered by each program during
the year, partnerships with higher education and private providers of
aeronautic and commercial over-the-road services, and recommendations for state
actions that could improve aeronautics and commercial over-the-road programming
for all school districts.
(d) This appropriation is available
until June 30, 2026. This is a onetime
appropriation.
Subd. 13. Emergency
medical training. (a) For
grants to offer high school students courses in emergency medical services:
|
|
$500,000 |
. .
. . . |
2024
|
|
|
$500,000 |
. .
. . . |
2025
|
(b) A school district, charter school,
or cooperative unit under Minnesota Statutes, section 123A.24, subdivision 2,
may apply for a grant under this section to offer enrolled students emergency
medical services courses approved by the Minnesota Emergency Medical Services
Regulatory Board to prepare students to take the emergency medical technician
certification test, including an emergency medical services course that is a
prerequisite to an emergency medical technician course.
(c) A grant recipient may use grant
funds to partner with a district, charter school, cooperative unit,
postsecondary institution, political subdivision, or entity with expertise in
emergency medical services, including health systems, hospitals, ambulance
services, and health care providers to offer an emergency medical services
course.
(d) Eligible uses of grant
funds include teacher salaries, transportation, equipment costs, emergency
medical technician certification test fees, and student background checks.
(e) To the extent practicable, the
commissioner must award half of the grant funds to applicants outside of the
seven-county metropolitan area, and 30 percent of the grant funds to applicants
with high concentrations of students of color.
(f) Any balance in the first year does
not cancel but is available in the second year.
Subd. 14. Area
learning center transportation aid. (a)
For area learning center transportation aid under Minnesota Statutes, section
123B.92, subdivision 11:
|
|
$1,000,000 |
.
. . . . |
2024
|
|
|
$1,000,000 |
.
. . . . |
2025
|
(b) Any balance in the first year does
not cancel but is available in the second year.
(c) This aid is 100 percent payable in
the current year.
Subd. 15. English
learner cross subsidy aid; four-year program. (a) For English learner cross subsidy
under Laws 2021, First Special Session chapter 13, article 1, section 9:
|
|
$2,000,000
|
.
. . . . |
2024
|
|
|
$2,000,000
|
.
. . . . |
2025
|
(b) The base for this program in fiscal
year 2026 and later is $0.
Subd. 16. Unemployment
aid for hourly workers over the summer term. (a) For unemployment aid under
Minnesota Statutes, section 124D.995:
|
|
$135,000,000 |
.
. . . . |
2024
|
(b) This appropriation is subject to
the requirements under Minnesota Statutes, section 124D.995.
(c) This is a onetime appropriation.
Sec. 37. REPEALER.
(a) Minnesota Statutes 2022, section 126C.05,
subdivisions 3 and 16, are repealed.
(b) Minnesota Statutes 2022, section
268.085, subdivision 8, is repealed.
(c) Laws 2023, chapter 18, section 4,
subdivision 5, is repealed.
EFFECTIVE
DATE. Paragraph (a) is
effective for revenue for fiscal year 2026.
Paragraph (b) is effective May 28, 2023.
Paragraph (c) is effective the day following final enactment.
ARTICLE 2
EDUCATION EXCELLENCE
Section 1. Minnesota Statutes 2022, section 120A.22, subdivision 10, is amended to read:
Subd. 10. Requirements for instructors. A person who is providing instruction to a child must meet at least one of the following requirements:
(1) hold a valid Minnesota teaching license in the field and for the grade level taught;
(2) be directly supervised by a person holding a valid Minnesota teaching license;
(3) successfully complete a teacher
competency examination;
(4) (3) provide instruction
in a school that is accredited by an accrediting agency, recognized according
to section 123B.445, or recognized by the commissioner;
(5) (4) hold a baccalaureate
degree; or
(6) (5) be the parent of a
child who is assessed according to the procedures in subdivision 11.
Any person providing instruction in a public school must meet the requirements of clause (1).
Sec. 2. Minnesota Statutes 2022, section 120A.414, is amended by adding a subdivision to read:
Subd. 6. Other
school personnel. A school
district or charter school that declares an e-learning day must continue to pay
the full wages for scheduled work hours and benefits of all school employees
for the duration of the e-learning period.
During the e-learning period, school employees must be allowed to work
from home to the extent practicable, be assigned to work in an alternative
location, or be retained on an on-call basis for any potential need.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 3. Minnesota Statutes 2022, section 120B.018, subdivision 6, is amended to read:
Subd. 6. Required
standard. "Required
standard" means (1) a statewide adopted expectation for student learning
in the content areas of language arts, mathematics, science, social studies,
physical education, and the arts, or and (2) a locally adopted
expectation for student learning in health or the arts.
Sec. 4. Minnesota Statutes 2022, section 120B.021, subdivision 1, is amended to read:
Subdivision 1. Required academic standards. (a) The following subject areas are required for statewide accountability:
(1) language arts;
(2) mathematics, encompassing algebra II, integrated mathematics III, or an equivalent in high school, and to be prepared for the three credits of mathematics in grades 9 through 12, the grade 8 standards include completion of algebra;
(3) science, including earth and space science, life science, and the physical sciences, including chemistry and physics;
(4) social studies, including
history, geography, economics, and government and citizenship that includes
civics consistent with section 120B.02, subdivision 3;
(5) physical education;
(6) health, for which locally developed academic standards apply; and
(7) the arts, for which statewide or
locally developed academic standards apply, as determined by the school
district. Public elementary and
middle schools must offer at least three and require at least two of the
following four five arts areas:
dance; media arts; music; theater; and visual arts. Public high schools must offer at least three
and require at least one of the following five arts areas: media arts; dance; music; theater; and visual
arts.
(b) For purposes of applicable federal law, the academic standards for language arts, mathematics, and science apply to all public school students, except the very few students with extreme cognitive or physical impairments for whom an individualized education program team has determined that the required academic standards are inappropriate. An individualized education program team that makes this determination must establish alternative standards.
(c) The department must adopt the most
recent SHAPE America (Society of Health and Physical Educators) kindergarten
through grade 12 standards and benchmarks for physical education as the
required physical education academic standards. The department may modify SHAPE America
(Society of Health and Physical Educators) standards and adapt the national
standards to accommodate state interest.
The modification and adaptations must maintain the purpose and integrity
of the national standards. The
department must make available sample assessments, which school districts may
use as an alternative to local assessments, to assess students' mastery of the
physical education standards beginning in the 2018-2019 school year.
(d) A school district may include child sexual abuse prevention instruction in a health curriculum, consistent with paragraph (a), clause (6). Child sexual abuse prevention instruction may include age-appropriate instruction on recognizing sexual abuse and assault, boundary violations, and ways offenders groom or desensitize victims, as well as strategies to promote disclosure, reduce self-blame, and mobilize bystanders. A school district may provide instruction under this paragraph in a variety of ways, including at an annual assembly or classroom presentation. A school district may also provide parents information on the warning signs of child sexual abuse and available resources.
(e) District efforts to develop, implement, or improve instruction or curriculum as a result of the provisions of this section must be consistent with sections 120B.10, 120B.11, and 120B.20.
Sec. 5. Minnesota Statutes 2022, section 120B.021, subdivision 3, is amended to read:
Subd. 3. Rulemaking. The commissioner, consistent with the
requirements of this section and section 120B.022, must adopt statewide rules
under section 14.389 for implementing statewide rigorous core academic
standards in language arts, mathematics, science, social studies, physical
education, and the arts. After the
rules authorized under this subdivision are initially adopted, the commissioner
may not amend or repeal these rules nor adopt new rules on the same topic
without specific legislative authorization.
Sec. 6. Minnesota Statutes 2022, section 120B.022, subdivision 1, is amended to read:
Subdivision 1. Elective
standards. A district must establish
and regularly review its own standards in for career and
technical education (CTE) programs.
Standards must align with CTE frameworks developed by the Department
of Education, standards developed by national CTE organizations, or recognized
industry standards. A district must
use the current world languages standards developed by the American Council on
the Teaching of Foreign Languages. A
school district must offer courses in all elective subject areas.
Sec. 7. Minnesota Statutes 2022, section 120B.024, subdivision 1, is amended to read:
Subdivision 1. Graduation
requirements. (a) Students beginning
9th grade in the 2011-2012 school year and later must successfully complete
the following high school level credits for graduation:
(1) four credits of language arts sufficient to satisfy all of the academic standards in English language arts;
(2) three credits of mathematics,
including an algebra II credit or its equivalent, sufficient to satisfy all
of the academic standards in mathematics;
(3) an algebra I credit by the end of
8th grade sufficient to satisfy all of the 8th grade standards in mathematics;
(4) (3) three credits of
science, including at least one credit of biology, one credit of chemistry
or physics, and one elective credit of science.
The combination of credits under this clause must be sufficient to
satisfy (i) all of the academic standards in either chemistry or physics and
(ii) all other academic standards in science; one credit to satisfy all
the earth and space science standards for grades 9 through 12, one credit to
satisfy all the life science standards for grades 9 through 12, and one credit
to satisfy all the chemistry or physics standards for grades 9 through 12;
(5) (4) three and one-half
credits of social studies, including credit for a course in government and
citizenship in either grade 11 or 12 for students beginning grade 9 in the
2024-2025 school year and later or an advanced placement, international
baccalaureate, or other rigorous course on government and citizenship under
section 120B.021, subdivision 1a, and a combination of other credits
encompassing at least United States history, geography, government and
citizenship, world history, and economics sufficient to satisfy all of the
academic standards in social studies;
(6) (5) one credit of the arts
sufficient to satisfy all of the state or local academic standards in
the arts; and
(7) (6) credits sufficient to
satisfy the state standards in physical education; and
(7) a minimum of seven elective credits.
(b) A school district is encouraged to
offer a course for credit in government and citizenship to 11th or 12th grade
students who begin 9th grade in the 2020-2021 school year and later, that
satisfies the government and citizenship requirement in paragraph (a), clause
(5). Students who begin grade 9
in the 2024-2025 school year and later must successfully complete a course for
credit in personal finance in grade 10, 11, or 12. A teacher of a personal finance course that
satisfies the graduation requirement must have a field license or out-of-field
permission in agricultural education, business, family and consumer science,
social studies, or math.
EFFECTIVE
DATE. This section is
effective for the 2024-2025 school year and later.
Sec. 8. Minnesota Statutes 2022, section 120B.024, subdivision 2, is amended to read:
Subd. 2. Credit
equivalencies. (a) A one-half credit
of economics taught in a school's agriculture agricultural, food, and
natural resources education or business education program or
department may fulfill a one-half credit in social studies under subdivision 1,
clause (5), if the credit is sufficient to satisfy all of the academic
standards in economics.
(b) An agriculture science or career and technical education credit may fulfill the elective science credit required under subdivision 1, clause (4), if the credit meets the state physical science, life science, earth and space science, chemistry, or physics academic standards or a combination of these academic standards as approved by the district.
An agriculture or career and technical education credit may fulfill the credit in chemistry or physics required under subdivision 1, clause (4), if the credit meets the state chemistry or physics academic standards as approved by the district. A student must satisfy either all of the chemistry academic standards or all of the physics academic standards prior to graduation. An agriculture science or career and technical education credit may not fulfill the required biology credit under subdivision 1, clause (4).
(c) A career and technical education credit may fulfill a mathematics or arts credit requirement under subdivision 1, clause (2) or (6).
(d) An agriculture agricultural,
food, and natural resources education teacher is not required to meet the
requirements of Minnesota Rules, part 3505.1150, subpart 1 2,
item B, to meet the credit equivalency requirements of paragraph (b) above.
(e) A computer science credit may fulfill a mathematics credit requirement under subdivision 1, clause (2), if the credit meets state academic standards in mathematics.
(f) A Project Lead the Way credit may fulfill a science or mathematics credit requirement under subdivision 1, clause (2) or (4), if the credit meets the state academic standards in science or mathematics.
(g) An ethnic studies course may
fulfill a social studies, language arts, arts, math, or science credit if the
course meets the applicable state academic standards. An ethnic studies course may fulfill an
elective credit if the course meets applicable local standards or other
requirements.
Sec. 9. Minnesota Statutes 2022, section 120B.11, subdivision 1, is amended to read:
Subdivision 1. Definitions. For the purposes of this section and section 120B.10, the following terms have the meanings given them.
(a) "Instruction" means methods of providing learning experiences that enable a student to meet state and district academic standards and graduation requirements including applied and experiential learning.
(b) "Curriculum" means district or school adopted programs and written plans for providing students with learning experiences that lead to expected knowledge and skills and career and college readiness.
(c) "World's best workforce"
means striving to: meet school readiness
goals; have all third grade students achieve grade-level literacy; close
the academic achievement gap among all racial and ethnic groups of students and
between students living in poverty and students not living in poverty; have all
students attain career and college readiness before graduating from high
school; and have all students graduate from high school.
(d) "Experiential learning" means learning for students that includes career exploration through a specific class or course or through work-based experiences such as job shadowing, mentoring, entrepreneurship, service learning, volunteering, internships, other cooperative work experience, youth apprenticeship, or employment.
(e) "Ethnic studies" as
defined in section 120B.25 has the same meaning for purposes of this section. Ethnic studies curriculum may be integrated
in existing curricular opportunities or provided through additional curricular
offerings.
(f) "Antiracist" means
actively working to identify and eliminate racism in all forms in order to
change policies, behaviors, and beliefs that perpetuate racist ideas and
actions.
(g) "Culturally
sustaining" means integrating content and practices that infuse the
culture and language of Black, Indigenous, and People of Color communities who
have been and continue to be harmed and erased through the education system.
(h) "Institutional racism"
means structures, policies, and practices within and across institutions that
produce outcomes that disadvantage those who are Black, Indigenous, and People
of Color.
Sec. 10. Minnesota Statutes 2022, section 120B.11, subdivision 2, is amended to read:
Subd. 2. Adopting
plans and budgets. (a) A
school board, at a public meeting, shall must adopt a
comprehensive, long-term strategic plan to support and improve teaching and
learning that is aligned with creating the world's best workforce and includes:
(1) clearly defined district and school site goals and benchmarks for instruction and student achievement for all student subgroups identified in section 120B.35, subdivision 3, paragraph (b), clause (2);
(2) a process to assess and evaluate each student's progress toward meeting state and local academic standards, assess and identify students to participate in gifted and talented programs and accelerate their instruction, and adopt early-admission procedures consistent with section 120B.15, and identifying the strengths and weaknesses of instruction in pursuit of student and school success and curriculum affecting students' progress and growth toward career and college readiness and leading to the world's best workforce;
(3) a system to periodically review and evaluate the effectiveness of all instruction and curriculum, taking into account strategies and best practices, student outcomes, school principal evaluations under section 123B.147, subdivision 3, students' access to effective teachers who are members of populations underrepresented among the licensed teachers in the district or school and who reflect the diversity of enrolled students under section 120B.35, subdivision 3, paragraph (b), clause (2), and teacher evaluations under section 122A.40, subdivision 8, or 122A.41, subdivision 5;
(4) strategies for improving instruction, curriculum, and student achievement, including the English and, where practicable, the native language development and the academic achievement of English learners;
(5) a process to examine the equitable
distribution of teachers and strategies to ensure children in low-income
and minority children families, children in families of People of
Color, and children in American Indian families are not taught at higher
rates than other children by inexperienced, ineffective, or out-of-field
teachers;
(6) education effectiveness practices that:
(i) integrate high-quality
instruction, rigorous curriculum, technology, and curriculum that is
rigorous, accurate, antiracist, and culturally sustaining;
(ii) ensure learning and work
environments validate, affirm, embrace, and integrate cultural and community
strengths for all students, families, and employees; and
(iii) provide a collaborative
professional culture that develops and supports seeks to retain
qualified, racially and ethnically diverse staff effective at working with
diverse students while developing and supporting teacher quality,
performance, and effectiveness; and
(7) an annual budget for continuing to
implement the district plan.; and
(8) identifying a list of suggested
and required materials, resources, sample curricula, and pedagogical skills for
use in kindergarten through grade 12 that accurately reflect the diversity of
the state of Minnesota.
(b) A school district is not required
to include information regarding literacy in a plan or report required under
this section, except with regard to the academic achievement of English
learners.
EFFECTIVE
DATE. This section is
effective for all strategic plans reviewed and updated after June 30, 2024.
Sec. 11. Minnesota Statutes 2022, section 120B.11, subdivision 3, is amended to read:
Subd. 3. District
advisory committee. Each school
board shall must establish an advisory committee to ensure active
community participation in all phases of planning and improving the instruction
and curriculum affecting state and district academic standards, consistent with
subdivision 2. A district advisory
committee, to the extent possible, shall must reflect the
diversity of the district and its school sites, include teachers, parents,
support staff, students, and other community residents, and provide translation
to the extent appropriate and practicable.
The district advisory committee shall must pursue
community support to accelerate the academic and native literacy and
achievement of English learners with varied needs, from young children to
adults, consistent with section 124D.59, subdivisions 2 and 2a. The district may establish site teams as
subcommittees of the district advisory committee under subdivision 4. The district advisory committee shall must
recommend to the school board: rigorous
academic standards,; student achievement goals and measures
consistent with subdivision 1a and sections 120B.022, subdivisions 1a and 1b,
and 120B.35,; district assessments,; means to
improve students' equitable access to effective and more diverse teachers,;
strategies to ensure the curriculum is rigorous, accurate, antiracist,
culturally sustaining, and reflects the diversity of the student population;
strategies to ensure that curriculum and learning and work environments
validate, affirm, embrace, and integrate the cultural and community strengths
of all racial and ethnic groups; and program evaluations. School sites may expand upon district
evaluations of instruction, curriculum, assessments, or programs. Whenever possible, parents and other
community residents shall must comprise at least two-thirds of
advisory committee members.
Sec. 12. Minnesota Statutes 2022, section 120B.15, is amended to read:
120B.15
GIFTED AND TALENTED STUDENTS PROGRAMS AND SERVICES.
(a) School districts may identify students, locally develop programs and services addressing instructional and affective needs, provide staff development, and evaluate programs to provide gifted and talented students with challenging and appropriate educational programs and services.
(b) School districts must adopt guidelines for assessing and identifying students for participation in gifted and talented programs and services consistent with section 120B.11, subdivision 2, clause (2). The guidelines should include the use of:
(1) multiple and objective criteria; and
(2) assessments and procedures that are valid and reliable, fair, and based on current theory and research. Assessments and procedures should be sensitive to underrepresented groups, including, but not limited to, low‑income, minority, twice-exceptional, and English learners.
(c) School districts must adopt procedures for the academic acceleration of gifted and talented students consistent with section 120B.11, subdivision 2, clause (2). These procedures must include how the district will:
(1) assess a student's readiness and motivation for acceleration; and
(2) match the level, complexity, and pace of the curriculum to a student to achieve the best type of academic acceleration for that student.
(d) School districts must adopt procedures consistent with section 124D.02, subdivision 1, for early admission to kindergarten or first grade of gifted and talented learners consistent with section 120B.11, subdivision 2, clause (2). The procedures must be sensitive to underrepresented groups.
Sec. 13. [120B.25]
ETHNIC STUDIES.
"Ethnic studies" means the
interdisciplinary study of race, ethnicity, and indigeneity with a focus on the
experiences and perspectives of people of color within and beyond the United
States. Ethnic studies analyzes the ways
in which race and racism have been and continue to be social, cultural, and
political forces, and the connection of race to the stratification of other
groups, including stratification based on the protected classes under section
363A.13.
Sec. 14. [120B.251]
ETHNIC STUDIES REQUIREMENTS.
Subdivision 1. Definition. "Ethnic studies" has the
meaning provided in section 120B.25.
Subd. 2. Requirements. (a) Starting in the 2026-2027 school
year, a district or charter school high school must offer an ethnic studies
course that fulfills the requirements of this paragraph. Nothing in this section increases or
otherwise affects the number of credits required for graduation under section
120B.024. An ethnic studies course may
fulfill a social studies, language arts, arts, math, or science credit if the
course meets the applicable state academic standards. An ethnic studies course may fulfill an
elective credit if the course meets applicable local academic standards or
other requirements.
(b) School districts and charter
schools must provide ethnic studies instruction in elementary schools and
middle schools by the 2027-2028 school year in accordance with state academic
standards.
(c) Ethnic studies instruction must
meet statewide ethnic studies academic standards.
(d) An ethnic studies course may focus
specifically on a particular group of national or ethnic origin.
Subd. 3. Department
of Education. The Department
of Education must hire dedicated ethnic studies staff sufficient to fulfill the
following department duties:
(1) support school district and charter
school implementation of ethnic studies courses that fulfill ethnic studies
standards through activities such as assistance with increased completion of
the Minnesota Common Course Catalog, hosting an annual implementation support
symposium, and regular updates and lessons learned;
(2) support school districts and
charter schools in providing training for teachers and school district staff to
successfully implement ethnic studies standards;
(3) support and provide tools for each
school district or charter school to annually evaluate the implementation of
the ethnic studies requirements by seeking feedback from students, parents or
guardians, and community members;
(4) provide resources and examples of
how a dedicated coordinator for ethnic studies can facilitate higher quality
implementation of ethnic studies; and
(5) make available to school
districts and charter schools the following:
(i) an ethnic studies school survey for
each school district and charter school to use as part of a school needs
assessment;
(ii) a list of recommended examples of
implementation supports for use in kindergarten through grade 12 that
accurately reflect the diversity of the state of Minnesota;
(iii) training materials for teachers
and district and school staff, including an ethnic studies coordinator, to
implement ethnic studies requirements; and
(iv) other resources to assist
districts and charter schools in successfully implementing ethnic studies
standards.
EFFECTIVE
DATE. This section is
effective July 1, 2023.
Sec. 15. [120B.252]
HOLOCAUST, GENOCIDE OF INDIGENOUS PEOPLES, AND OTHER GENOCIDE EDUCATION.
Subdivision 1. Definitions. (a) "Holocaust and genocide
studies" means interdisciplinary teaching and learning about the causes,
impacts, and legacies of the Holocaust, other genocides, and incidents of mass
violence.
(b) "Holocaust" means the
systematic, state-sponsored persecution and murder of 6,000,000 Jews by the
Nazi regime and its allies and collaborators.
(c) "Genocide" means an
internationally recognized crime where acts are committed with the intent to
destroy, in whole or in part, a national, ethnic, racial, or religious group. Acts of genocide, as defined by the United
Nations and the Rome Statute, include the following categories:
(1) killing members of the group;
(2) causing serious bodily or mental
harm to members of the group;
(3) deliberately inflicting on the
group conditions of life calculated to bring about its physical destruction in
whole or in part;
(4) imposing measures intended to
prevent births within the group; or
(5) forcibly transferring children of
the group to another group.
Genocide also means a series of purposeful actions by a
perpetrator or perpetrators to destroy a collectivity through mass or selective
murders of group members and suppressing the biological and social reproduction
of the collectivity. The perpetrator or
perpetrators may represent the state of the victim, another state, or another
collectivity.
(d) "Incidents of mass
violence" means extreme violence deliberately inflicted on a large scale
on civilians or noncombatants by state or nonstate actors. Incidents of mass violence encompass the
international crimes of genocide, crimes against humanity, war crimes, and
terrorism.
(e) "Center for Holocaust and
Genocide Studies" means the Center for Holocaust and Genocide Studies at
the University of Minnesota.
Subd. 2. Requirements. (a) A school district must, at a
minimum, offer as part of its social studies curriculum for middle and high
school education on the Holocaust, genocide of Indigenous Peoples, and other
genocides. Curriculum must:
(1) examine the history of the genocide
of Indigenous Peoples and Indigenous removal from Minnesota, including the
genocide, dispossession, and forced removal of the Dakota, Ojibwe, and
Ho-Chunk;
(2) analyze the connections between
World War II, nationalism, fascism, antisemitism, and the Holocaust;
(3) analyze how individuals, groups,
and societies around the world have been affected by genocide and mass
violence, especially those experienced by communities expelled from, resettled
in, migrated to, or living in Minnesota; and
(4) describe and evaluate different
responses to genocides and other human rights violations.
(b) Public schools are strongly
encouraged to include in middle and high school social studies curriculum
context about the history, culture, and traditions of the communities
devastated by the Holocaust, genocide of Indigenous Peoples, other genocides,
and incidents of mass violence.
(c) School districts are strongly
encouraged to include the Holocaust, genocide of Indigenous Peoples, other
genocides, and incidents of mass violence in middle and high school English
language arts curriculum.
(d) A school district must provide
Holocaust and genocide education as part of its curriculum in middle and high
school by the 2026-2027 school year in accordance with Department of Education
rulemaking on social studies standards and benchmarks.
EFFECTIVE
DATE. This section is
effective July 1, 2023.
Sec. 16. Minnesota Statutes 2022, section 120B.30, subdivision 1, is amended to read:
Subdivision 1. Statewide testing. (a) The commissioner, with advice from experts with appropriate technical qualifications and experience and stakeholders, consistent with subdivision 1a, must include in the comprehensive assessment system, for each grade level to be tested, state-constructed tests developed as computer-adaptive reading and mathematics assessments for students that are aligned with the state's required academic standards under section 120B.021, include multiple choice questions, and are administered annually to all students in grades 3 through 8. State-developed high school tests aligned with the state's required academic standards under section 120B.021 and administered to all high school students in a subject other than writing must include multiple choice questions. The commissioner must establish a testing period as late as possible each school year during which schools must administer the Minnesota Comprehensive Assessments to students. The commissioner must publish the testing schedule at least two years before the beginning of the testing period.
(b) The state assessment system must be aligned to the most recent revision of academic standards as described in section 120B.023 in the following manner:
(1) mathematics;
(i) grades 3 through 8 beginning in the 2010-2011 school year; and
(ii) high school level beginning in the 2013-2014 school year;
(2) science; grades 5 and 8 and at the high school level beginning in the 2011-2012 school year; and
(3) language arts and reading; grades 3 through 8 and high school level beginning in the 2012-2013 school year.
(c) For students enrolled in grade 8 in the 2012-2013 school year and later, students' state graduation requirements, based on a longitudinal, systematic approach to student education and career planning, assessment, instructional support, and evaluation, include the following:
(1) achievement and career and college readiness in mathematics, reading, and writing, consistent with paragraph (k) and to the extent available, to monitor students' continuous development of and growth in requisite knowledge and skills; analyze students' progress and performance levels, identifying students' academic strengths and diagnosing areas where students require curriculum or instructional adjustments, targeted interventions, or remediation; and, based on analysis of students' progress and performance data, determine students' learning and instructional needs and the instructional tools and best practices that support academic rigor for the student; and
(2) consistent with this paragraph and section 120B.125, age-appropriate exploration and planning activities and career assessments to encourage students to identify personally relevant career interests and aptitudes and help students and their families develop a regularly reexamined transition plan for postsecondary education or employment without need for postsecondary remediation.
Based on appropriate state guidelines, students with an individualized education program may satisfy state graduation requirements by achieving an individual score on the state-identified alternative assessments.
(d) Expectations of schools, districts, and the state for career or college readiness under this subdivision must be comparable in rigor, clarity of purpose, and rates of student completion.
A student under paragraph (c), clause (1), must receive targeted, relevant, academically rigorous, and resourced instruction, which may include a targeted instruction and intervention plan focused on improving the student's knowledge and skills in core subjects so that the student has a reasonable chance to succeed in a career or college without need for postsecondary remediation. Consistent with sections 120B.13, 124D.09, 124D.091, 124D.49, and related sections, an enrolling school or district must actively encourage a student in grade 11 or 12 who is identified as academically ready for a career or college to participate in courses and programs awarding college credit to high school students. Students are not required to achieve a specified score or level of proficiency on an assessment under this subdivision to graduate from high school.
(e) Though not a high school graduation requirement, students are encouraged to participate in a nationally recognized college entrance exam. To the extent state funding for college entrance exam fees is available, a district must pay the cost, one time, for an interested student in grade 11 or 12 who is eligible for a free or reduced-price meal, to take a nationally recognized college entrance exam before graduating. A student must be able to take the exam under this paragraph at the student's high school during the school day and at any one of the multiple exam administrations available to students in the district. A district may administer the ACT or SAT or both the ACT and SAT to comply with this paragraph. If the district administers only one of these two tests and a free or reduced‑price meal eligible student opts not to take that test and chooses instead to take the other of the two tests, the student may take the other test at a different time or location and remains eligible for the examination fee reimbursement. Notwithstanding sections 123B.34 to 123B.39, a school district may require a student that is not eligible for a free or reduced-price meal to pay the cost of taking a nationally recognized college entrance exam. The district must waive the cost for a student unable to pay.
(f) The commissioner and the chancellor of the Minnesota State Colleges and Universities must collaborate in aligning instruction and assessments for adult basic education students and English learners to provide the students with diagnostic information about any targeted interventions, accommodations, modifications, and supports they need so that assessments and other performance measures are accessible to them and they may seek postsecondary education or employment without need for postsecondary remediation. When administering formative or
summative assessments used to measure the academic progress, including the oral academic development, of English learners and inform their instruction, schools must ensure that the assessments are accessible to the students and students have the modifications and supports they need to sufficiently understand the assessments.
(g) Districts and schools, on an annual basis, must use career exploration elements to help students, beginning no later than grade 9, and their families explore and plan for postsecondary education or careers based on the students' interests, aptitudes, and aspirations. Districts and schools must use timely regional labor market information and partnerships, among other resources, to help students and their families successfully develop, pursue, review, and revise an individualized plan for postsecondary education or a career. This process must help increase students' engagement in and connection to school, improve students' knowledge and skills, and deepen students' understanding of career pathways as a sequence of academic and career courses that lead to an industry-recognized credential, an associate's degree, or a bachelor's degree and are available to all students, whatever their interests and career goals.
(h) A student who demonstrates attainment of required state academic standards, which include career and college readiness benchmarks, on high school assessments under subdivision 1a is academically ready for a career or college and is encouraged to participate in courses awarding college credit to high school students. Such courses and programs may include sequential courses of study within broad career areas and technical skill assessments that extend beyond course grades.
(i) As appropriate, students through grade 12 must continue to participate in targeted instruction, intervention, or remediation and be encouraged to participate in courses awarding college credit to high school students.
(j) In developing, supporting, and improving students' academic readiness for a career or college, schools, districts, and the state must have a continuum of empirically derived, clearly defined benchmarks focused on students' attainment of knowledge and skills so that students, their parents, and teachers know how well students must perform to have a reasonable chance to succeed in a career or college without need for postsecondary remediation. The commissioner, in consultation with local school officials and educators, and Minnesota's public postsecondary institutions must ensure that the foundational knowledge and skills for students' successful performance in postsecondary employment or education and an articulated series of possible targeted interventions are clearly identified and satisfy Minnesota's postsecondary admissions requirements.
(k) For students in grade 8 in the 2012-2013 school year and later, a school, district, or charter school must record on the high school transcript a student's progress toward career and college readiness, and for other students as soon as practicable.
(l) The school board granting students their diplomas may formally decide to include a notation of high achievement on the high school diplomas of those graduating seniors who, according to established school board criteria, demonstrate exemplary academic achievement during high school.
(m) The 3rd through 8th grade computer-adaptive assessment results and high school test results must be available to districts for diagnostic purposes affecting student learning and district instruction and curriculum, and for establishing educational accountability. The commissioner, in consultation with the chancellor of the Minnesota State Colleges and Universities, must establish empirically derived benchmarks on the high school tests that reveal a trajectory toward career and college readiness consistent with section 136F.302, subdivision 1a. The commissioner must disseminate to the public the computer-adaptive assessments and high school test results upon receiving those results.
(n) The grades 3 through 8 computer-adaptive assessments and high school tests must be aligned with state academic standards. The commissioner must determine the testing process and the order of administration. The statewide results must be aggregated at the site and district level, consistent with subdivision 1a.
(o) The commissioner must include the following components in the statewide public reporting system:
(1) uniform statewide computer-adaptive assessments of all students in grades 3 through 8 and testing at the high school levels that provides appropriate, technically sound accommodations or alternate assessments;
(2) educational indicators that can be
aggregated and compared across school districts and across time on a statewide
basis, including average daily attendance consistent attendance,
high school graduation rates, and high school drop-out rates by age and grade
level;
(3) state results on the American College
Test ACT test; and
(4) state results from participation in the National Assessment of Educational Progress so that the state can benchmark its performance against the nation and other states, and, where possible, against other countries, and contribute to the national effort to monitor achievement.
(p) For purposes of statewide accountability, "career and college ready" means a high school graduate has the knowledge, skills, and competencies to successfully pursue a career pathway, including postsecondary credit leading to a degree, diploma, certificate, or industry-recognized credential and employment. Students who are career and college ready are able to successfully complete credit-bearing coursework at a two- or four-year college or university or other credit-bearing postsecondary program without need for remediation.
(q) For purposes of statewide accountability, "cultural competence," "cultural competency," or "culturally competent" means the ability of families and educators to interact effectively with people of different cultures, native languages, and socioeconomic backgrounds.
Sec. 17. Minnesota Statutes 2022, section 120B.30, subdivision 1a, is amended to read:
Subd. 1a. Statewide
and local assessments; results. (a)
For purposes of this section, the following definitions have the meanings given
them.
(1) "Computer-adaptive
assessments" means fully adaptive assessments.
(2) "Fully adaptive
assessments" include test items that are on-grade level and items that may
be above or below a student's grade level.
(3) "On-grade level" test
items contain subject area content that is aligned to state academic standards
for the grade level of the student taking the assessment.
(4) "Above-grade level" test
items contain subject area content that is above the grade level of the student
taking the assessment and is considered aligned with state academic standards
to the extent it is aligned with content represented in state academic
standards above the grade level of the student taking the assessment. Notwithstanding the student's grade level,
administering above-grade level test items to a student does not violate the
requirement that state assessments must be aligned with state standards.
(5) "Below-grade level" test
items contain subject area content that is below the grade level of the student
taking the test and is considered aligned with state academic standards to the
extent it is aligned with content represented in state academic standards below
the student's current grade level. Notwithstanding
the student's grade level, administering below-grade level test items to a
student does not violate the requirement that state assessments must be aligned
with state standards.
(b) The commissioner must use fully
adaptive mathematics and reading assessments for grades 3 through 8.
(c) (a) For purposes of conforming with existing federal educational accountability requirements, the commissioner must develop and implement computer-adaptive reading and mathematics assessments for grades 3 through 8, state-developed high school reading and mathematics tests aligned with state academic standards, a high school writing test aligned with state standards when it becomes available, and science assessments under clause (2) that districts and sites must use to monitor student growth toward achieving those standards. The commissioner must not develop statewide assessments for academic standards in social studies, health and physical education, and the arts. The commissioner must require:
(1) annual computer-adaptive reading and mathematics assessments in grades 3 through 8, and high school reading, writing, and mathematics tests; and
(2) annual science assessments in one grade in the grades 3 through 5 span, the grades 6 through 8 span, and a life sciences assessment in the grades 9 through 12 span, and the commissioner must not require students to achieve a passing score on high school science assessments as a condition of receiving a high school diploma.
(d) (b) The commissioner must
ensure that for annual computer-adaptive assessments:
(1) individual student performance data and achievement reports are available within three school days of when students take an assessment except in a year when an assessment reflects new performance standards;
(2) growth information is available for each student from the student's first assessment to each proximate assessment using a constant measurement scale;
(3) parents, teachers, and school administrators are able to use elementary and middle school student performance data to project students' secondary and postsecondary achievement; and
(4) useful diagnostic information about areas of students' academic strengths and weaknesses is available to teachers and school administrators for improving student instruction and indicating the specific skills and concepts that should be introduced and developed for students at given performance levels, organized by strands within subject areas, and aligned to state academic standards.
(e) (c) The commissioner must
ensure that all state tests administered to elementary and secondary students
measure students' academic knowledge and skills and not students' values,
attitudes, and beliefs.
(f) (d) Reporting of state
assessment results must:
(1) provide timely, useful, and understandable information on the performance of individual students, schools, school districts, and the state;
(2) include a growth indicator of student achievement; and
(3) determine whether students have met the state's academic standards.
(g) (e) Consistent with
applicable federal law, the commissioner must include appropriate, technically
sound accommodations or alternative assessments for the very few students with
disabilities for whom statewide assessments are inappropriate and for English
learners.
(h) (f) A school, school
district, and charter school must administer statewide assessments under this
section, as the assessments become available, to evaluate student progress
toward career and college readiness in the context of the state's academic
standards. A school, school district, or
charter school may use a student's performance on a statewide assessment as one
of multiple criteria to determine grade promotion or retention. A school, school district, or charter school
may use a high school student's performance on a statewide assessment as a
percentage of the student's final grade in a course, or place a student's
assessment score on the student's transcript.
Sec. 18. Minnesota Statutes 2022, section 120B.301, is amended to read:
120B.301
LIMITS ON LOCAL TESTING.
(a) For students in grades 1 through 6, the cumulative total amount of time spent taking locally adopted districtwide or schoolwide assessments must not exceed ten hours per school year. For students in grades 7 through 12, the cumulative total amount of time spent taking locally adopted districtwide or schoolwide assessments must not exceed 11 hours per school year. For purposes of this paragraph, international baccalaureate and advanced placement exams are not considered locally adopted assessments.
(b) A district or charter school is exempt from the requirements of paragraph (a), if the district or charter school, in consultation with the exclusive representative of the teachers or other teachers if there is no exclusive representative of the teachers, decides to exceed a time limit in paragraph (a) and includes the information in the report required under section 120B.11, subdivision 5.
(c) A district or charter school, before
the first day of each school year, must publish on its website a
comprehensive calendar of standardized tests to be administered in the district
or charter school during that school year.
The calendar must provide the rationale for administering each
assessment and indicate whether the assessment is a local option or required by
state or federal law. The calendar
must be published at least one week prior to any eligible assessments being
administered but no later than October 1.
Sec. 19. Minnesota Statutes 2022, section 120B.35, subdivision 3, is amended to read:
Subd. 3. State
growth target measures; other state measures. (a)(1) The state's educational assessment
system measuring individual students' educational growth is based on indicators
of current achievement growth that show growth relative to
an individual student's prior achievement.
Indicators of achievement and prior achievement must be based on highly
reliable statewide or districtwide assessments.
(2) For purposes of paragraphs (b), (c), and (d), the commissioner must analyze and report separate categories of information using the student categories identified under the federal Elementary and Secondary Education Act, as most recently reauthorized, and, in addition to "other" for each race and ethnicity, and the Karen community, seven of the most populous Asian and Pacific Islander groups, three of the most populous Native groups, seven of the most populous Hispanic/Latino groups, and five of the most populous Black and African Heritage groups as determined by the total Minnesota population based on the most recent American Community Survey; English learners under section 124D.59; home language; free or reduced-price lunch; and all students enrolled in a Minnesota public school who are currently or were previously in foster care, except that such disaggregation and cross tabulation is not required if the number of students in a category is insufficient to yield statistically reliable information or the results would reveal personally identifiable information about an individual student.
(b) The commissioner, in consultation with
a stakeholder group that includes assessment and evaluation directors, district
staff, experts in culturally responsive teaching, and researchers, must
implement a an appropriate growth model that compares the
difference in students' achievement scores over time, and includes criteria for
identifying schools and school districts that demonstrate academic progress or
progress toward English language proficiency. The model may be used to advance educators'
professional development and replicate programs that succeed in meeting
students' diverse learning needs. Data
on individual teachers generated under the model are personnel data under
section 13.43. The model must allow
users to:
(1) report student growth consistent with this paragraph; and
(2) for all student categories, report and compare aggregated and disaggregated state student growth and, under section 120B.11, subdivision 2, clause (2), student learning and outcome data using the student categories identified under the federal Elementary and Secondary Education Act, as most recently reauthorized, and other student categories under paragraph (a), clause (2).
The commissioner must report measures of student growth and, under section 120B.11, subdivision 2, clause (2), student learning and outcome data, consistent with this paragraph, including the English language development, academic progress, and oral academic development of English learners and their native language development if the native language is used as a language of instruction, and include data on all pupils enrolled in a Minnesota public school course or program who are currently or were previously counted as an English learner under section 124D.59.
(c) When reporting student performance under section 120B.36, subdivision 1, the commissioner annually, beginning July 1, 2011, must report two core measures indicating the extent to which current high school graduates are being prepared for postsecondary academic and career opportunities:
(1) a preparation measure indicating the number and percentage of high school graduates in the most recent school year who completed course work important to preparing them for postsecondary academic and career opportunities, consistent with the core academic subjects required for admission to Minnesota's public colleges and universities as determined by the Office of Higher Education under chapter 136A; and
(2) a rigorous coursework measure indicating the number and percentage of high school graduates in the most recent school year who successfully completed one or more college-level advanced placement, international baccalaureate, postsecondary enrollment options including concurrent enrollment, other rigorous courses of study under section 120B.021, subdivision 1a, or industry certification courses or programs.
When reporting the core measures under clauses (1) and (2), the commissioner must also analyze and report separate categories of information using the student categories identified under the federal Elementary and Secondary Education Act, as most recently reauthorized, and other student categories under paragraph (a), clause (2).
(d) When reporting student performance under section 120B.36, subdivision 1, the commissioner annually, beginning July 1, 2014, must report summary data on school safety and students' engagement and connection at school, consistent with the student categories identified under paragraph (a), clause (2). The summary data under this paragraph are separate from and must not be used for any purpose related to measuring or evaluating the performance of classroom teachers. The commissioner, in consultation with qualified experts on student engagement and connection and classroom teachers, must identify highly reliable variables that generate summary data under this paragraph. The summary data may be used at school, district, and state levels only. Any data on individuals received, collected, or created that are used to generate the summary data under this paragraph are nonpublic data under section 13.02, subdivision 9.
(e) For purposes of statewide educational accountability, the commissioner must identify and report measures that demonstrate the success of learning year program providers under sections 123A.05 and 124D.68, among other such providers, in improving students' graduation outcomes. The commissioner, beginning July 1, 2015, must annually report summary data on:
(1) the four- and six-year graduation rates of students under this paragraph;
(2) the percent of students under this paragraph whose progress and performance levels are meeting career and college readiness benchmarks under section 120B.30, subdivision 1; and
(3) the success that learning year program providers experience in:
(i) identifying at-risk and off-track student populations by grade;
(ii) providing successful prevention and intervention strategies for at-risk students;
(iii) providing successful recuperative and recovery or reenrollment strategies for off-track students; and
(iv) improving the graduation outcomes of at-risk and off-track students.
The commissioner may include in the annual report summary data on other education providers serving a majority of students eligible to participate in a learning year program.
(f) The commissioner, in consultation with recognized experts with knowledge and experience in assessing the language proficiency and academic performance of all English learners enrolled in a Minnesota public school course or program who are currently or were previously counted as an English learner under section 124D.59, must identify and report appropriate and effective measures to improve current categories of language difficulty and assessments, and monitor and report data on students' English proficiency levels, program placement, and academic language development, including oral academic language.
(g) When reporting four- and six-year graduation rates, the commissioner or school district must disaggregate the data by student categories according to paragraph (a), clause (2).
(h) A school district must inform parents and guardians that volunteering information on student categories not required by the most recent reauthorization of the Elementary and Secondary Education Act is optional and will not violate the privacy of students or their families, parents, or guardians. The notice must state the purpose for collecting the student data.
Sec. 20. Minnesota Statutes 2022, section 120B.36, subdivision 2, is amended to read:
Subd. 2. Student
progress and other data. (a) All
data the department receives, collects, or creates under section 120B.11,
governing the world's best workforce, or uses to determine federal expectations
under the most recently reauthorized Elementary and Secondary Education Act,
set state growth targets, and determine student growth, learning, and
outcomes under section 120B.35 are nonpublic data under section 13.02,
subdivision 9, until the commissioner publicly releases the data.
(b) Districts must provide parents sufficiently detailed summary data to permit parents to appeal under the most recently reauthorized federal Elementary and Secondary Education Act. The commissioner shall annually post federal expectations and state student growth, learning, and outcome data to the department's public website no later than September 1, except that in years when data or federal expectations reflect new performance standards, the commissioner shall post data on federal expectations and state student growth data no later than October 1.
Sec. 21. Minnesota Statutes 2022, section 121A.031, subdivision 6, is amended to read:
Subd. 6. State model policy. (a) The commissioner, in consultation with the commissioner of human rights, shall develop and maintain a state model policy. A district or school that does not adopt and implement a local policy under subdivisions 3 to 5 must implement and may supplement the provisions of the state model policy. The commissioner must assist districts and schools under this subdivision to implement the state policy. The state model policy must:
(1) define prohibited conduct, consistent with this section;
(2) apply the prohibited conduct policy components in this section;
(3) for a child with a disability, whenever an evaluation by an individualized education program team or a section 504 team indicates that the child's disability affects the child's social skills development or the child is vulnerable to prohibited conduct because of the child's disability, the child's individualized education program or section 504 plan may address the skills and proficiencies the child needs to not engage in and respond to such conduct; and
(4) encourage violence prevention and character development education programs under section 120B.232, subdivision 1.
(b) The commissioner shall develop and post departmental procedures for:
(1) periodically reviewing district and school programs and policies for compliance with this section;
(2) investigating, reporting, and responding to noncompliance with this section, which may include an annual review of plans to improve and provide a safe and supportive school climate; and
(3) allowing students, parents, and educators to file a complaint about noncompliance with the commissioner.
(c) The commissioner must post on the department's website information indicating that when districts and schools allow non-curriculum-related student groups access to school facilities, the district or school must give all student groups equal access to the school facilities regardless of the content of the group members' speech.
(d) The commissioner must develop and
maintain resources to assist a district or school in implementing strategies
for creating a positive school climate and use evidence-based, social-emotional
learning to prevent and reduce discrimination and other improper conduct.
Sec. 22. [121A.0312]
MALICIOUS AND SADISTIC CONDUCT.
(a) For purposes of this section,
"malicious and sadistic conduct" means creating a hostile learning
environment by acting with the intent to cause harm by intentionally injuring
another without just cause or reason or engaging in extreme or excessive
cruelty or delighting in cruelty.
(b) A school board of a district or
charter school must adopt a written policy to address malicious and sadistic
conduct and sexual exploitation by a district or school staff member,
independent contractor, or student enrolled in a public school against a staff
member, independent contractor, or student that occurs as described in section
121A.031, subdivision 1, paragraph (a). The
policy must prohibit:
(1) malicious and sadistic conduct
involving race, color, creed, national origin, sex, age, marital status, status
with regard to public assistance, disability, religion, sexual harassment, and
sexual orientation and gender identity, as defined in chapter 363A; and
(2) sexual exploitation.
(c) The policy must apply to students,
independent contractors, teachers, administrators, and other school personnel;
must include at a minimum the components under section 121A.031, subdivision 4,
paragraph (a); and must include disciplinary actions for each violation of the
policy. Disciplinary actions must
conform with collective bargaining agreements and sections 121A.41 to 121A.56.
(d) The policy must be conspicuously
posted throughout each school building, distributed to each district or school
employee and independent contractor at the time of hiring or contracting, and
included in each school's student handbook on school policies. Each school must develop a process for
discussing with students, parents of students, independent contractors, and
school employees the policy adopted under this section.
Sec. 23. [121A.038]
STUDENTS SAFE AT SCHOOL.
Subdivision 1. Definitions. (a) For the purposes of this section,
the following terms have the meanings given.
(b) "Active shooter drill"
means an emergency preparedness drill designed to teach students, teachers,
school personnel, and staff how to respond in the event of an armed intruder on
campus or an armed assailant in the immediate vicinity of the school. An active shooter drill is not an active
shooter simulation, nor may an active shooter drill include any sensorial
components, activities, or elements which mimic a real life shooting.
(c) "Active shooter
simulation" means an emergency exercise including full-scale or functional
exercises, designed to teach adult school personnel and staff how to respond in
the event of an armed intruder on campus or an armed assailant in the immediate
vicinity of the school which also incorporates sensorial components,
activities, or elements mimicking a real life shooting. Activities or elements mimicking a real life
shooting include, but are not limited to,
simulation of tactical response by law enforcement. An active shooter simulation is not an active
shooter drill.
(d) "Evidence-based" means a
program or practice that demonstrates any of the following:
(1) a statistically significant effect
on relevant outcomes based on any of the following:
(i) strong evidence from one or more
well designed and well implemented experimental studies;
(ii) moderate evidence from one or more
well designed and well implemented quasi-experimental studies; or
(iii) promising evidence from one or
more well designed and well implemented correlational studies with statistical
controls for selection bias; or
(2) a rationale based on high-quality
research findings or positive evaluations that the program or practice is
likely to improve relevant outcomes, including the ongoing efforts to examine
the effects of the program or practice.
(e) "Full-scale exercise"
means an operations-based exercise that is typically the most complex and
resource‑intensive of the exercise types and often involves multiple
agencies, jurisdictions, organizations, and real‑time movement of
resources.
(f) "Functional exercises"
means an operations-based exercise designed to assess and evaluate capabilities
and functions while in a realistic, real-time environment, however, movement of
resources is usually simulated.
Subd. 2. Criteria. An active shooter drill conducted
according to section 121A.037 with students in early childhood through grade 12
must be:
(1) accessible;
(2) developmentally appropriate and age
appropriate, including using appropriate safety language and vocabulary;
(3) culturally aware;
(4) trauma-informed; and
(5) inclusive of accommodations for
students with mobility restrictions, sensory needs, developmental or physical
disabilities, mental health needs, and auditory or visual limitations.
Subd. 3. Student
mental health and wellness. Active
shooter drill protocols must include a reasonable amount of time immediately
following the drill for teachers to debrief with their students. The opportunity to debrief must be provided
to students before regular classroom activity may resume. During the debrief period, students must be
allowed to access any mental health services available on campus, including
counselors, school psychologists, social workers, or cultural liaisons. An active shooter drill must not be combined
or conducted consecutively with any other type of emergency preparedness drill. An active shooter drill must be accompanied
by an announcement prior to commencing. The
announcement must use concise and age-appropriate language and, at a minimum,
inform students there is no immediate danger to life and safety.
Subd. 4. Notice. (a) A school district or charter
school must provide notice of a pending active shooter drill to every student's
parent or legal guardian before an active shooter drill is conducted. Whenever practicable, notice must be provided
at least 24 hours in advance of a pending active shooter drill and inform the
parent or legal guardian of the right to opt their student out of
participating.
(b) If a student is opted out of
participating in an active shooter drill, no negative consequence must impact
the student's general school attendance record nor may nonparticipation alone
make a student ineligible to participate in or attend school activities.
(c) The commissioner of education must
ensure the availability of alternative safety education for students who are
opted out of participating or otherwise exempted from an active shooter drill. Alternative safety education must provide
essential safety instruction through less sensorial safety training methods and
must be appropriate for students with mobility restrictions, sensory needs,
developmental or physical disabilities, mental health needs, and auditory or
visual limitations.
Subd. 5. Participation
in active shooter drills. Any
student in early childhood through grade 12 must not be required to participate
in an active shooter drill that does not meet the criteria in subdivision 2.
Subd. 6. Active
shooter simulations. A
student must not be required to participate in an active shooter simulation. An active shooter simulation must not take
place during regular school hours if a majority of students are present, or
expected to be present, at the school. A
parent or legal guardian of a student in grades 9 through 12 must have the
opportunity to opt their student into participating in an active shooter
simulation.
Subd. 7. Violence
prevention. (a) A school
district or charter school conducting an active shooter drill must provide
students in middle school and high school at least one hour, or one standard
class period, of violence prevention training annually.
(b) The violence prevention training
must be evidence-based and may be delivered in-person, virtually, or digitally. Training must, at a minimum, teach students
the following:
(1) how to identify observable warning
signs and signals of an individual who may be at risk of harming oneself or
others;
(2) the importance of taking threats
seriously and seeking help; and
(3) the steps to report dangerous,
violent, threatening, harmful, or potentially harmful activity.
(c) By July 1, 2024, the commissioner
of public safety and the commissioner of education must jointly develop a list
of evidence-based trainings that a school district or charter school may use to
fulfill the requirements of this section, including no-cost programming, if any. The agencies must:
(1) post the list publicly on the
Minnesota School Safety Center's website; and
(2) update the list every two
years.
(d) A school district or charter school
must ensure that students have the opportunity to contribute to their school's
safety and violence prevention planning, aligned with the recommendations for
multihazard planning for schools, including but not limited to:
(1) student opportunities for leadership
related to prevention and safety;
(2) encouragement and support to
students in establishing clubs and programs focused on safety; and
(3) providing students with the
opportunity to seek help from adults and to learn about prevention connected to
topics including bullying, sexual harassment, sexual assault, and suicide.
Subd. 8. Board
meeting. At a regularly
scheduled school board meeting, a school board of a district that has conducted
an active shooter drill must consider the following:
(1) the effect of active shooter drills
on the safety of students and staff; and
(2) the effect of active shooter drills
on the mental health and wellness of students and staff.
Sec. 24. [121A.201]
MTSS AND COLLABORATIVE MINNESOTA PARTNERSHIPS TO ADVANCE STUDENT SUCCESS
(COMPASS).
Beginning July 1, 2023, all Minnesota
school districts and charter schools must be offered training and support in
implementing MTSS through the Department of Education COMPASS team and the
Department of Education's regional partners, the Minnesota Service Cooperatives. COMPASS is the state school improvement model
providing a statewide system through which all districts and schools may
receive support in the areas of literacy, math, social-emotional learning, and
mental health within the MTSS framework.
The MTSS framework is the state's systemic, continuous school
improvement framework for ensuring positive social, emotional, behavioral,
developmental, and academic outcomes for every student. MTSS provides access to layered tiers of
culturally and linguistically responsive, evidence-based practices. The MTSS framework relies on the
understanding and belief that every student can learn and thrive, and it
engages an anti-bias and socially just approach to examining policies and
practices and ensuring equitable distribution of resources and opportunity. The MTSS systemic framework requires:
(1) a district-wide infrastructure
consisting of effective leaders, collective efficacy among staff, positive
school climate, linked teams, and professional learning that supports
continuous improvement;
(2) authentic engagement with families
and communities to develop reciprocal relationships and build new opportunities
for students together;
(3) multilayered tiers of culturally and
linguistically responsive instruction and support that allows every student the
support they need to reach meaningful and rigorous learning standards. Tiers of support include core (Tier 1),
supplemental (Tier 2), and intensive (Tier 3) instruction levels;
(4) valid and reliable assessment tools
and processes to assess student and system performance and inform necessary
changes; and
(5) a data-based decision-making
approach in which problems are precisely defined and analyzed, solutions
address root causes, and implementation is monitored to ensure success. The data-based problem-solving component of
the MTSS framework consists of three major subcomponents: accessible and integrated data,
decision-making process, and system performance.
Sec. 25. [121A.35]
SUICIDE PREVENTION INFORMATION; IDENTIFICATION CARDS.
A school district or charter school
that issues an identification card to students in middle school, junior high,
or high school must provide contact information for the 988 Suicide and Crisis
LifeLine (988 LifeLine), the Crisis Text line, and the county mobile crisis
services. The contact information must
also be included in the school's student handbook and the student planner if a
student planner is custom printed by the school for distribution to students in
grades 6 through 12. A nonpublic school
is encouraged to issue student identification cards consistent with this
paragraph.
Sec. 26. Minnesota Statutes 2022, section 121A.41, is amended by adding a subdivision to read:
Subd. 12. Nonexclusionary
disciplinary policies and practices; alternatives to pupil removal and
dismissal. "Nonexclusionary
disciplinary policies and practices" means policies and practices that are
alternatives to dismissing a pupil from school, including but not limited to
evidence-based positive behavior interventions and supports, social and
emotional services, school-linked mental health services, counseling services,
social work services, academic screening for Title 1 services or reading
interventions, and alternative education services. Nonexclusionary disciplinary policies and
practices include but are not limited to the policies and practices under
sections 120B.12; 121A.575, clauses (1) and (2); 121A.031, subdivision 4,
paragraph (a), clause (1); 121A.61, subdivision 3, paragraph (r); and 122A.627,
clause (3).
EFFECTIVE
DATE. This section is
effective for the 2023-2024 school year and later.
Sec. 27. Minnesota Statutes 2022, section 121A.41, is amended by adding a subdivision to read:
Subd. 13. Pupil
withdrawal agreement. "Pupil
withdrawal agreement" means a verbal or written agreement between a school
administrator or district administrator and a pupil's parent to withdraw a
student from the school district to avoid expulsion or exclusion dismissal
proceedings. The duration of the
withdrawal agreement cannot be for more than a 12-month period.
EFFECTIVE
DATE. This section is
effective for the 2023-2024 school year and later.
Sec. 28. Minnesota Statutes 2022, section 121A.425, is amended to read:
121A.425
FULL AND EQUITABLE PARTICIPATION IN PRESCHOOL AND PREKINDERGARTEN EARLY
LEARNING.
Subdivision 1. Disciplinary
dismissals prohibited. (a) A
pupil enrolled in the following is not subject to dismissals under this
chapter:
(1) a preschool or prekindergarten
program, including a child participating in an early childhood
family education, school readiness, school readiness plus, voluntary
prekindergarten, Head Start, or other school-based preschool or prekindergarten
program, may not be subject to dismissals under this chapter; or
(2) kindergarten through grade 3.
(b) This provision does not apply to a
dismissal from school for less than one school day, except as provided under
chapter 125A and federal law for a student receiving special education
services.
(c) Notwithstanding this subdivision, expulsions and exclusions may be used only after resources outlined in subdivision 2 have been exhausted, and only in circumstances where there is an ongoing serious safety threat to the child or others.
Subd. 2. Nonexclusionary discipline. For purposes of this section, nonexclusionary discipline must include at least one of the following:
(1) collaborating with the pupil's family or guardian, child mental health consultant or provider, education specialist, or other community-based support;
(2) creating a plan, written with the parent or guardian, that details the action and support needed for the pupil to fully participate in the current educational program, including a preschool or prekindergarten program; or
(3) providing a referral for needed support services, including parenting education, home visits, other supportive education interventions, or, where appropriate, an evaluation to determine if the pupil is eligible for special education services or section 504 services.
EFFECTIVE
DATE. This section is
effective July 1, 2023.
Sec. 29. Minnesota Statutes 2022, section 121A.45, subdivision 1, is amended to read:
Subdivision 1. Provision
of alternative programs. No school
shall dismiss any pupil without attempting to provide alternative
educational services use nonexclusionary disciplinary policies and
practices before dismissal proceedings or pupil withdrawal agreements,
except where it appears that the pupil will create an immediate and substantial
danger to self or to surrounding persons or property.
EFFECTIVE
DATE. This section is
effective for the 2023-2024 school year and later.
Sec. 30. Minnesota Statutes 2022, section 121A.46, subdivision 4, is amended to read:
Subd. 4. Provision
of alternative education services; suspension pending expulsion or
exclusion hearing. (a)
Alternative education services must be provided to a pupil who is suspended for
more than five consecutive school days.
(b) Notwithstanding the provisions of subdivisions 1 and 3, the pupil may be suspended pending the school board's decision in the expulsion or exclusion hearing; provided that alternative educational services are implemented to the extent that suspension exceeds five consecutive school days.
EFFECTIVE
DATE. This section is
effective for the 2023-2024 school year and later.
Sec. 31. Minnesota Statutes 2022, section 121A.46, is amended by adding a subdivision to read:
Subd. 5. Minimum
education services. School
administration must allow a suspended pupil the opportunity to complete all
school work assigned during the period of the pupil's suspension and to receive
full credit for satisfactorily completing the assignments. The school principal or other person having
administrative control of the school building or program is encouraged to
designate a district or school employee as a liaison to work with the pupil's
teachers to allow the suspended pupil to (1) receive timely course materials
and other information, and (2) complete daily and weekly assignments and
receive teachers' feedback.
EFFECTIVE
DATE. This section is
effective for the 2023-2024 school year and later.
Sec. 32. Minnesota Statutes 2022, section 121A.47, subdivision 2, is amended to read:
Subd. 2. Written notice. Written notice of intent to take action shall:
(a) be served upon the pupil and the pupil's parent or guardian personally or by mail;
(b) contain a complete statement of the facts, a list of the witnesses and a description of their testimony;
(c) state the date, time, and place of the hearing;
(d) be accompanied by a copy of sections 121A.40 to 121A.56;
(e) describe alternative educational
services the nonexclusionary disciplinary practices accorded the
pupil in an attempt to avoid the expulsion proceedings; and
(f) inform the pupil and parent or guardian of the right to:
(1) have a representative of the pupil's
own choosing, including legal counsel, at the hearing. The district shall must advise
the pupil's parent or guardian that free or low-cost legal assistance may be
available and that a legal assistance resource list is available from the
Department of Education and is posted on their website;
(2) examine the pupil's records before the hearing;
(3) present evidence; and
(4) confront and cross-examine witnesses.
EFFECTIVE
DATE. This section is
effective for the 2023-2024 school year and later.
Sec. 33. Minnesota Statutes 2022, section 121A.47, subdivision 14, is amended to read:
Subd. 14. Admission
or readmission plan. (a) A school
administrator shall must prepare and enforce an admission or
readmission plan for any pupil who is excluded or expelled from school. The plan may must include
measures to improve the pupil's behavior, including which may include
completing a character education program, consistent with section 120B.232,
subdivision 1, and require social and emotional learning, counseling,
social work services, mental health services, referrals for special education
or 504 evaluation, and evidence-based academic interventions. The plan must include reasonable attempts to
obtain parental involvement in the admission or readmission process, and
may indicate the consequences to the pupil of not improving the pupil's
behavior.
(b) The definition of suspension under
section 121A.41, subdivision 10, does not apply to a student's dismissal from
school for one school day or less than one school day, except as
provided under federal law for a student with a disability. Each suspension action may include a
readmission plan. A readmission plan
must provide, where appropriate, alternative education services, which must not
be used to extend the student's current suspension period. Consistent with section 125A.091, subdivision
5, a readmission plan must not obligate a parent or guardian to provide
psychotropic drugs to their student as a condition of readmission. School officials must not use the refusal of
a parent or guardian to consent to the administration of psychotropic drugs to
their student or to consent to a psychiatric evaluation, screening or
examination of the student as a ground, by itself, to prohibit the student from
attending class or participating in a school-related activity, or as a basis of
a charge of child abuse, child neglect or medical or educational neglect.
EFFECTIVE
DATE. This section is
effective for the 2023-2024 school year and later.
Sec. 34. Minnesota Statutes 2022, section 121A.53, subdivision 1, is amended to read:
Subdivision 1. Exclusions
and expulsions; student withdrawals; physical assaults. Consistent with subdivision 2, the
school board must report through the department electronic reporting system
each exclusion or expulsion and, each physical assault of a
district employee by a student pupil, and each pupil withdrawal
agreement
within 30 days of the effective
date of the dismissal action, pupil withdrawal, or assault, to
the commissioner of education. This
report must include a statement of alternative educational services nonexclusionary
disciplinary practices, or other sanction, intervention, or resolution in
response to the assault given the pupil and the reason for, the effective date,
and the duration of the exclusion or expulsion or other sanction, intervention,
or resolution. The report must also
include the student's pupil's age, grade, gender, race, and
special education status.
EFFECTIVE
DATE. This section is
effective for the 2023-2024 school year and later.
Sec. 35. Minnesota Statutes 2022, section 121A.55, is amended to read:
121A.55
POLICIES TO BE ESTABLISHED.
(a) The commissioner of education shall
must promulgate guidelines to assist each school board. Each school board shall must
establish uniform criteria for dismissal and adopt written policies and rules
to effectuate the purposes of sections 121A.40 to 121A.56. The policies shall must include
nonexclusionary disciplinary policies and practices consistent with section
121A.41, subdivision 12, and must emphasize preventing dismissals through
early detection of problems and shall. The policies must be designed to address
students' inappropriate behavior from recurring.
(b) The policies shall must
recognize the continuing responsibility of the school for the education of the
pupil during the dismissal period.
(c) The school is responsible for
ensuring that alternative educational services, if the pupil wishes to take
advantage of them, must be adequate to allow the pupil to make progress towards
toward meeting the graduation standards adopted under section 120B.02
and help prepare the pupil for readmission in accordance with section
121A.46, subdivision 5.
(d) For expulsion and exclusion
dismissals and pupil withdrawal agreements as defined in section 121A.41,
subdivision 13:
(1) for a pupil who remains enrolled in
the district or is awaiting enrollment in a new district, a school district's
continuing responsibility includes reviewing the pupil's schoolwork and grades
on a quarterly basis to ensure the pupil is on track for readmission with the
pupil's peers. A school district must
communicate on a regular basis with the pupil's parent or guardian to ensure
that the pupil is completing the work assigned through the alternative
educational services as defined in section 121A.41, subdivision 11. These services are required until the pupil
enrolls in another school or returns to the same school;
(2) a pupil receiving school-based or
school-linked mental health services in the district under section 245.4889
continues to be eligible for those services until the pupil is enrolled in a
new district; and
(3) a school district must provide to
the pupil's parent or guardian information on accessing mental health services,
including any free or sliding fee providers in the community. The information must also be posted on the
district or charter school website.
(b) (e) An area learning
center under section 123A.05 may not prohibit an expelled or excluded pupil
from enrolling solely because a district expelled or excluded the pupil. The board of the area learning center may use
the provisions of the Pupil Fair Dismissal Act to exclude a pupil or to require
an admission plan.
(c) (f) Each school district
shall develop a policy and report it to the commissioner on the appropriate use
of peace officers and crisis teams to remove students who have an
individualized education program from school grounds.
EFFECTIVE DATE. This section is effective for the
2023-2024 school year and later.
Sec. 36. Minnesota Statutes 2022, section 121A.58, is amended to read:
121A.58
CORPORAL PUNISHMENT; PRONE RESTRAINT; AND CERTAIN PHYSICAL HOLDS.
Subdivision 1. Definition
Definitions. (a) For
the purpose of this section, "corporal punishment" means conduct
involving:
(1) hitting or spanking a person with or without an object; or
(2) unreasonable physical force that causes bodily harm or substantial emotional harm.
(b) For the purpose of this section,
"prone restraint" means placing a child in a face-down position.
Subd. 2. Corporal punishment not allowed. An employee or agent of a district shall not inflict corporal punishment or cause corporal punishment to be inflicted upon a pupil to reform unacceptable conduct or as a penalty for unacceptable conduct.
Subd. 2a. Prone
restraint and certain physical holds not allowed. (a) An employee or agent of a
district, including a school resource officer, security personnel, or police officer
contracted with a district, shall not use prone restraint.
(b) An employee or agent of a district,
including a school resource officer, security personnel, or police officer
contracted with a district, shall not inflict any form of physical holding that
restricts or impairs a pupil's ability to breathe; restricts or impairs a
pupil's ability to communicate distress; places pressure or weight on a pupil's
head, throat, neck, chest, lungs, sternum, diaphragm, back, or abdomen; or
results in straddling a pupil's torso.
Subd. 3. Violation. Conduct that violates subdivision 2 is
not a crime under section 645.241, but may be a crime under chapter 609 if the
conduct violates a provision of chapter 609.
Conduct that violates subdivision 2a is not per se corporal
punishment under this statute. Nothing
in this section or section 125A.0941 precludes the use of reasonable force
under section 121A.582.
Sec. 37. Minnesota Statutes 2022, section 121A.61, subdivision 1, is amended to read:
Subdivision 1. Required policy. Each school board must adopt a written districtwide school discipline policy which includes written rules of conduct for students, minimum consequences for violations of the rules, and grounds and procedures for removal of a student from class. The policy must contain the discipline complaint procedure that any member of the school community may use to file a complaint regarding the application of discipline policies and seek corrective action. The policy must be developed in consultation with administrators, teachers, employees, pupils, parents, community members, law enforcement agencies, county attorney offices, social service agencies, and such other individuals or organizations as the board determines appropriate. A school site council may adopt additional provisions to the policy subject to the approval of the school board.
Sec. 38. Minnesota Statutes 2022, section 121A.61, subdivision 3, is amended to read:
Subd. 3. Policy components. The policy must include at least the following components:
(a) rules governing student conduct and procedures for informing students of the rules;
(b) the grounds for removal of a student from a class;
(c) the authority of the classroom teacher to remove students from the classroom pursuant to procedures and rules established in the district's policy;
(d) the procedures for removal of a student from a class by a teacher, school administrator, or other school district employee;
(e) the period of time for which a student may be removed from a class, which may not exceed five class periods for a violation of a rule of conduct;
(f) provisions relating to the responsibility for and custody of a student removed from a class;
(g) the procedures for return of a student to the specified class from which the student has been removed;
(h) the procedures for notifying a student and the student's parents or guardian of violations of the rules of conduct and of resulting disciplinary actions;
(i) any procedures determined appropriate for encouraging early involvement of parents or guardians in attempts to improve a student's behavior;
(j) any procedures determined appropriate for encouraging early detection of behavioral problems;
(k) any procedures determined appropriate for referring a student in need of special education services to those services;
(l) any procedures determined
appropriate for ensuring victims of bullying who respond with behavior not
allowed under the school's behavior policies have access to a remedial
response, consistent with section 121A.031;
(l) (m) the procedures for
consideration of whether there is a need for a further assessment or of whether
there is a need for a review of the adequacy of a current individualized
education program of a student with a disability who is removed from class;
(m) (n) procedures for
detecting and addressing chemical abuse problems of a student while on the
school premises;
(n) (o) the minimum
consequences for violations of the code of conduct;
(o) (p) procedures for
immediate and appropriate interventions tied to violations of the code;
(p) (q) a provision that
states that a teacher, school employee, school bus driver, or other agent of a
district may use reasonable force in compliance with section 121A.582 and other
laws;
(q) (r) an agreement
regarding procedures to coordinate crisis services to the extent funds are
available with the county board responsible for implementing sections 245.487
to 245.4889 for students with a serious emotional disturbance or other students
who have an individualized education program whose behavior may be addressed by
crisis intervention; and
(r) (s) a provision that
states a student must be removed from class immediately if the student engages
in assault or violent behavior. For
purposes of this paragraph, "assault" has the meaning given it in
section 609.02, subdivision 10. The
removal shall be for a period of time deemed appropriate by the principal, in
consultation with the teacher.;
(t) a prohibition on the use of
exclusionary practices for early learners as defined in section 121A.425; and
(u) a prohibition on the use of
exclusionary practices to address attendance and truancy issues.
Sec. 39. Minnesota Statutes 2022, section 121A.61, is amended by adding a subdivision to read:
Subd. 4. Discipline complaint procedure. The discipline policy must contain procedures for students, parents and other guardians, and school staff to file a complaint and seek corrective action when the requirements of sections 121A.40 to 121A.61, including the implementation of the local behavior and discipline policies, are not being implemented appropriately or are being discriminately applied. Each district and school policy implemented under this section must, at a minimum:
(1) provide procedures for
communicating this policy including the ability for a parent to appeal a
decision under section 121A.49 that contains explicit instructions for filing
the complaint;
(2) provide an opportunity for involved parties to submit additional information related to the complaint;
(3) provide a procedure to begin to
investigate complaints within three school days of receipt, and identify
personnel who will manage the investigation and any resulting record and are
responsible for keeping and regulating access to any record;
(4) provide procedures for issuing a written determination to the complainant that addresses each allegation and contains findings and conclusions;
(5) if the investigation finds the
requirements of sections 121A.40 to 121A.61, including any local policies that
were not implemented appropriately, contain procedures that require a
corrective action plan to correct a student's record and provide relevant staff
with training, coaching, or other accountability practices to ensure
appropriate compliance with policies in the future; and
(6) prohibit reprisals or retaliation
against any person who asserts, alleges, or reports a complaint, and provide
procedures for applying appropriate consequences for a person who engages in
reprisal or retaliation.
Sec. 40. Minnesota Statutes 2022, section 121A.61, is amended by adding a subdivision to read:
Subd. 5. School
supports. (a) A school board
is strongly encouraged to adopt a policy that promotes the understanding in
school staff that when a student is unable to meet adult expectations it is
often because the student lacks the skills to respond to a situation
appropriately. A school district must
support school staff in using tiered interventions that teach students skills
and prioritize relationships between students and teachers.
(b) A school board is strongly
encouraged to adopt a policy that discourages teachers and staff from reacting
to unwanted student behavior with approaches that take away the student's
opportunity to build skills for responding more appropriately.
Sec. 41. [121A.611]
RECESS AND OTHER BREAKS.
(a) "Recess detention" as
used in this chapter means excluding or excessively delaying a student from
participating in a scheduled recess period as a consequence for student
behavior. Recess detention does not
include, among other things, providing alternative recess at the student's
choice.
(b) A school district or
charter school is encouraged to ensure student access to structured breaks from
the demands of school and to support teachers, principals, and other school
staff in their efforts to use evidence-based approaches to reduce exclusionary
forms of discipline.
(c) A school district or charter school
must not use recess detention unless:
(1) a student causes or is likely to
cause serious physical harm to other students or staff;
(2) the student's parent or guardian
specifically consents to the use of recess detention; or
(3) for students receiving special
education services, the student's individualized education program team has
determined that withholding recess is appropriate based on the individualized
needs of the student.
(d) A school district or charter school
must not withhold recess from a student based on incomplete schoolwork.
(e) A school district or charter school
must require school staff to make a reasonable attempt to notify a parent or
guardian within 24 hours of using recess detention.
(f) A school district or charter school
must compile information on each recess detention at the end of each school
year, including the student's age, grade, gender, race or ethnicity, and
special education status. This
information must be available to the public upon request. A school district or charter school is
encouraged to use the data in professional development promoting the use of
nonexclusionary discipline.
(g) A school district or charter school
must not withhold or excessively delay a student's participation in scheduled
mealtimes. This section does not alter a
district or school's existing responsibilities under section 124D.111 or other
state or federal law.
Sec. 42. [121A.642]
PARAPROFESSIONAL TRAINING.
Subdivision 1. Training
required. A school district
or charter school must provide a minimum of eight hours of paid orientation or
professional development annually to all paraprofessionals, Title I aides, and
other instructional support staff. Six
of the eight hours must be completed before the first instructional day of the
school year or within 30 days of hire. The
orientation or professional development must be relevant to the employee's
occupation and may include collaboration time with classroom teachers and
planning for the school year. For
paraprofessionals who provide direct support to students, at least 50 percent
of the professional development or orientation must be dedicated to meeting the
requirements of this section. Professional
development for paraprofessionals may also address the requirements of section
120B.363, subdivision 3. A school
administrator must provide an annual certification of compliance with this
requirement to the commissioner.
Subd. 2. Reimbursement
for paraprofessional training. (a)
Beginning in fiscal year 2025, the commissioner of education must reimburse
school districts, charter schools, intermediate school districts and other
cooperative units, the Perpich Center for Arts Education, and the Minnesota
State Academies in the form and manner specified by the commissioner for
paraprofessional training costs.
(b) The paraprofessional reimbursement
equals the prior year compensation expenses associated with providing up to
eight hours of paid orientation and professional development for each
paraprofessional trained under subdivision 1.
(c) The commissioner may establish
procedures to ensure that any costs reimbursed under this section are excluded
from other school revenue calculations.
EFFECTIVE
DATE. This section is
effective July 1, 2023.
Sec. 43. Minnesota Statutes 2022, section 124D.03, subdivision 3, is amended to read:
Subd. 3. Pupil application procedures. (a) In order that a pupil may attend a school or program in a nonresident district, the pupil's parent or guardian must submit an application to the nonresident district. The pupil's application must identify a reason for enrolling in the nonresident district. The parent or guardian of a pupil must submit a signed application by January 15 for initial enrollment beginning the following school year. The application must be on a form provided by the Department of Education. A particular school or program may be requested by the parent. Once enrolled in a nonresident district, the pupil may remain enrolled and is not required to submit annual or periodic applications. If the student moves to a new resident district, the student retains the seat in the nonresident district, but must submit a new enrollment options form to update the student's information. To return to the resident district or to transfer to a different nonresident district, the parent or guardian of the pupil must provide notice to the resident district or apply to a different nonresident district by January 15 for enrollment beginning the following school year.
(b) A school district may require a
nonresident student enrolled in a program under section 125A.13, or in a
preschool program, except for a program under section 124D.151 or Laws 2017,
First Special Session chapter 5, article 8, section 9, to follow the
application procedures under this subdivision to enroll in kindergarten. A district must allow a nonresident student
enrolled in a program under section 124D.151 or Laws 2017, First Special
Session chapter 5, article 8, section 9, to remain enrolled in the district
when the student enters kindergarten without submitting
annual or periodic applications, unless the district terminates the student's
enrollment under subdivision 12.
Sec. 44. Minnesota Statutes 2022, section 124D.03, subdivision 5, is amended to read:
Subd. 5. Nonresident
district procedures. A district
shall notify the parent or guardian in writing by February 15 or within
90 days for applications submitted after January 15 in the case of achievement
and integration district transfers whether the application has been accepted or
rejected. If an application is rejected,
the district must state in the notification the reason for rejection. The parent or guardian must notify the
nonresident district by March 1 or within 45 ten business days
whether the pupil intends to enroll in the nonresident district. Notice of intent to enroll in the nonresident
district obligates the pupil to attend the nonresident district during the
following school year, unless the boards of the resident and the nonresident
districts agree in writing to allow the pupil to transfer back to the resident
district. If the pupil's parents or
guardians change residence to another district, the student does not lose the
seat in the nonresident district but the parent or guardian must complete an
updated enrollment options form. If a
parent or guardian does not notify the nonresident district by the January 15
deadline, if it applies, the pupil may not enroll in that nonresident district
during the following school year, unless the boards of the resident and
nonresident district agree otherwise. The
nonresident district must notify the resident district by March 15 or 30 days
later of the pupil's intent to enroll in the nonresident district. The same procedures apply to a pupil who
applies to transfer from one participating nonresident district to another
participating nonresident district.
Sec. 45. Minnesota Statutes 2022, section 124D.09, subdivision 3, is amended to read:
Subd. 3. Definitions. For purposes of this section, the following terms have the meanings given to them.
(a) "Eligible institution" means
a Minnesota public postsecondary institution, a private, nonprofit two-year
trade and technical school granting associate degrees, an opportunities
industrialization center accredited by an accreditor recognized by the United
States Department of Education, or a private, residential, two-year or
four-year, liberal arts, degree-granting college or university located in
Minnesota. An eligible institution
must not require a faith statement from a secondary student seeking to enroll
in a postsecondary course under this section during the application process or
base any part of the admission decision on a student's race, creed, ethnicity,
disability, gender, or sexual orientation or religious beliefs or affiliations.
(b) "Course" means a course or program.
(c) "Concurrent enrollment" means nonsectarian courses in which an eligible pupil under subdivision 5 or 5b enrolls to earn both secondary and postsecondary credits, are taught by a secondary teacher or a postsecondary faculty member, and are offered at a high school for which the district is eligible to receive concurrent enrollment program aid under section 124D.091.
Sec. 46. Minnesota Statutes 2022, section 124D.09, subdivision 5, is amended to read:
Subd. 5. Authorization;
notification. Notwithstanding any
other law to the contrary, an 11th or 12th grade pupil enrolled in a school or
an American Indian-controlled Tribal contract or grant school eligible for aid
under section 124D.83, except a foreign exchange pupil enrolled in a district
under a cultural exchange program, may apply to an eligible institution, as
defined in subdivision 3, to enroll in nonsectarian courses offered by that
postsecondary institution. If an
institution accepts a secondary pupil for enrollment under this section, the
institution shall send written notice to the pupil, the pupil's school or
school district, and the commissioner. The
notice must indicate the course and hours of enrollment of that pupil. If the pupil enrolls in a course for
postsecondary credit, the institution must notify:
(1) the pupil about payment in the
customary manner used by the institution.; and
(2) the pupil's school as soon as
practicable if the pupil withdraws from the course or stops attending the
course.
EFFECTIVE
DATE. This section is
effective July 1, 2023.
Sec. 47. Minnesota Statutes 2022, section 124D.09, subdivision 12, is amended to read:
Subd. 12. Credits; grade point average weighting policy. (a) A pupil must not audit a course under this section.
(b) A district shall must
grant academic credit to a pupil enrolled in a course for secondary credit if
the pupil successfully completes the course.
Seven quarter or four semester college credits equal at least one full
year of high school credit. Fewer
college credits may be prorated. A
district must also grant academic credit to a pupil enrolled in a course for
postsecondary credit if secondary credit is requested by a pupil. If no comparable course is offered by the
district, the district must, as soon as possible, notify the commissioner, who shall
must determine the number of credits that shall must be
granted to a pupil who successfully completes a course. If a comparable course is offered by the
district, the school board shall must grant a comparable number
of credits to the pupil. If there is a
dispute between the district and the pupil regarding the number of credits
granted for a particular course, the pupil may appeal the board's decision to
the commissioner. The commissioner's
decision regarding the number of credits shall be is final.
(c) A school board must adopt a policy regarding weighted grade point averages for any high school or dual enrollment course. The policy must state whether the district offers weighted grades. A school board must annually publish on its website a list of courses for which a student may earn a weighted grade.
(d) The secondary credits granted to a
pupil must be counted toward the graduation requirements and subject area
requirements of the district. Evidence
of successful completion of each course and secondary credits granted must be
included in the pupil's secondary school record. A pupil shall must provide the
school with a copy of the pupil's grade grades in each course
taken for secondary credit under this section, including interim or nonfinal
grades earned during the academic term.
Upon the request of a pupil, the pupil's secondary school record must
also include evidence of successful completion and credits granted for a course
taken for postsecondary credit. In
either case, the record must indicate that the credits were earned at a
postsecondary institution.
(e) If a pupil enrolls in a postsecondary institution after leaving secondary school, the postsecondary institution must award postsecondary credit for any course successfully completed for secondary credit at that institution. Other postsecondary institutions may award, after a pupil leaves secondary school, postsecondary credit for any courses successfully completed under this section. An institution may not charge a pupil for the award of credit.
(f) The Board of Trustees of the Minnesota State Colleges and Universities and the Board of Regents of the University of Minnesota must, and private nonprofit and proprietary postsecondary institutions should, award postsecondary credit for any successfully completed courses in a program certified by the National Alliance of Concurrent Enrollment Partnerships offered according to an agreement under subdivision 10. Consistent with section 135A.101, subdivision 3, all MnSCU institutions must give full credit to a secondary pupil who completes for postsecondary credit a postsecondary course or program that is part or all of a goal area or a transfer curriculum at a MnSCU institution when the pupil enrolls in a MnSCU institution after leaving secondary school. Once one MnSCU institution certifies as completed a secondary student's postsecondary course or program that is part or all of a goal area or a transfer curriculum, every MnSCU institution must consider the student's course or program for that goal area or the transfer curriculum as completed.
EFFECTIVE
DATE. This section is
effective July 1, 2023.
Sec. 48. Minnesota Statutes 2022, section 124D.09, subdivision 13, is amended to read:
Subd. 13. Financial arrangements. For a pupil enrolled in a course under this section, the department must make payments according to this subdivision for courses that were taken for secondary credit.
The department must not make payments to a
school district or postsecondary institution for a course taken for
postsecondary credit only. The
department must not make payments to a postsecondary institution for a course
from which a student officially withdraws during the first 14 ten
business days of the postsecondary institution's quarter or semester
or who has been absent from the postsecondary institution for the first 15
consecutive school ten business days of the postsecondary
institution's quarter or semester and is not receiving instruction in the
home or hospital.
A postsecondary institution shall receive the following:
(1) for an institution granting quarter credit, the reimbursement per credit hour shall be an amount equal to 88 percent of the product of the formula allowance minus $425, multiplied by 1.2, and divided by 45; or
(2) for an institution granting semester credit, the reimbursement per credit hour shall be an amount equal to 88 percent of the product of the general revenue formula allowance minus $425, multiplied by 1.2, and divided by 30.
The department must pay to each postsecondary institution 100 percent of the amount in clause (1) or (2) within 45 days of receiving initial enrollment information each quarter or semester. If changes in enrollment occur during a quarter or semester, the change shall be reported by the postsecondary institution at the time the enrollment information for the succeeding quarter or semester is submitted. At any time the department notifies a postsecondary institution that an overpayment has been made, the institution shall promptly remit the amount due.
Sec. 49. [124D.094]
ONLINE INSTRUCTION ACT.
Subdivision 1. Definitions. (a) For purposes of this section, the
following terms have the meanings given.
(b) "Blended instruction"
means a form of digital instruction that occurs when a student learns part time
in a supervised physical setting and part time through online instruction under
paragraph (f).
(c) "Digital
instruction" means instruction facilitated by technology that offers
students an element of control over the time, place, path, or pace of learning
and includes blended and online instruction.
(d) "Enrolling district"
means the school district or charter school in which a student is enrolled
under section 120A.22, subdivision 4.
(e) "Online course syllabus"
means a written document that identifies the state academic standards taught
and assessed in a supplemental online course under paragraph (j); course
content outline; required course assessments; instructional methods;
communication procedures with students, guardians, and the enrolling district
under paragraph (d); and supports available to the student.
(f) "Online instruction"
means a form of digital instruction that occurs when a student learns primarily
through digital technology away from a supervised physical setting.
(g) "Online instructional
site" means a site that offers courses using online instruction under
paragraph (f) and may enroll students receiving online instruction under
paragraph (f).
(h) "Online teacher" means an
employee of the enrolling district under paragraph (d) or the supplemental
online course provider under paragraph (k) who holds the appropriate licensure
under Minnesota Rules, chapter 8710, and is trained to provide online
instruction under paragraph (f).
(i) "Student" means a
Minnesota resident enrolled in a school defined under section 120A.22,
subdivision 4, in kindergarten through grade 12 up to the age of 21.
(j) "Supplemental online
course" means an online learning course taken in place of a course
provided by the student's enrolling district under paragraph (d).
(k) "Supplemental online course
provider" means a school district, an intermediate school district, an
organization of two or more school districts operating under a joint powers
agreement, or a charter school located in Minnesota that is authorized by the
Department of Education to provide supplemental online courses under paragraph
(j).
Subd. 2. Digital
instruction. (a) An enrolling
district may provide digital instruction, including blended instruction and
online instruction, to the district's own enrolled students. Enrolling districts may establish agreements
to provide digital instruction, including blended instruction and online
instruction, to students enrolled in the cooperating schools.
(b) When online instruction is
provided, an online teacher as defined under subdivision 1, paragraph (h),
shall perform all duties of teacher of record under Minnesota Rules, part
8710.0310. Unless the commissioner
grants a waiver, a teacher providing online instruction shall not instruct more
than 40 students in any one online learning course or section.
(c) Students receiving online
instruction full time shall be reported as enrolled in an online instructional
site under subdivision 1, paragraph (g).
(d) Curriculum used for digital
instruction shall be aligned with Minnesota's current academic standards and
benchmarks.
(e) Digital instruction shall be
accessible to students under section 504 of the federal Rehabilitation Act and
Title II of the federal Americans with Disabilities Act.
(f) An enrolling district
providing digital instruction and a supplemental online course provider shall
assist an enrolled student whose family qualifies for the education tax credit
under section 290.0674 to acquire computer hardware and educational software so
they may participate in digital instruction.
Funds provided to a family to support digital instruction or
supplemental online courses may only be used for qualifying expenses as
determined by the provider. Nonconsumable
materials purchased with public education funds remain the property of the
provider. Records for any funds provided
must be available for review by the public or the department.
(g) An enrolling district providing
digital instruction shall establish and document procedures for determining
attendance for membership and keep accurate records of daily attendance under
section 120A.21.
Subd. 3. Supplemental online courses. (a) Notwithstanding sections 124D.03 and 124D.08 and chapter 124E, procedures for applying to take supplemental online courses other than those offered by the student's enrolling district are as provided in this subdivision.
(b) Any kindergarten through grade 12
student may apply to take a supplemental online course under subdivision 1,
paragraph (j). The student, or the
student's parent or guardian for a student under age 17, must submit an
application for the proposed supplemental online course or courses. A student may:
(1) apply to take an online course from
a supplemental online course provider that meets or exceeds the academic
standards of the course in the enrolling district they are replacing;
(2) apply to take supplemental online
courses for up to 50 percent of the student's scheduled course load; and
(3) apply to take supplemental online
courses no later than 15 school days after the student's enrolling district's
term has begun. An enrolling district
may waive the 50 percent course enrollment limit or the 15-day time limit.
(c) A student taking a supplemental
online course must have the same access to the computer hardware and education
software available in a school as all other students in the enrolling district.
(d) A supplemental online course
provider must have a current, approved application to be listed by the
Department of Education as an approved provider. The supplemental online course provider must:
(1) use an application form specified
by the Department of Education;
(2) notify the student, the student's
guardian if they are age 17 or younger, and enrolling district of the accepted
application to take a supplemental online course within ten days of receiving a
completed application;
(3) notify the enrolling district of
the course title, credits to be awarded, and the start date of the online
course. A supplemental online course
provider must make the online course syllabus available to the enrolling
district;
(4) request applicable academic support information for the student, including a copy of the IEP, EL support plan, or 504 plan; and
(5) track student attendance and
monitor academic progress and communicate with the student, the student's
guardian if they are age 17 or younger, and the enrolling district's designated
online learning liaison.
(e) A supplemental online course
provider may limit enrollment if the provider's school board or board of
directors adopts by resolution specific standards for accepting and rejecting
students' applications. The provisions
may not discriminate against any protected class or students with disabilities.
(f) A supplemental online
course provider may request that the Department of Education review an
enrolling district's written decision to not accept a student's supplemental
online course application. The student
may participate in the supplemental online course while the application is
under review. Decisions shall be final
and binding for both the enrolling district and the supplemental online course
provider.
(g) A supplemental online course provider must participate in continuous improvement cycles with the Department of Education.
Subd. 4. Enrolling
district. (a) An enrolling
district may not restrict or prevent a student from applying to take
supplemental online courses.
(b) An enrolling district may request
an online course syllabus as defined under subdivision 1, paragraph (e), to
review whether the academic standards in the online course meet or exceed the
academic standards in the course it would replace at the enrolling district.
(c) Within 15 days after receiving
notice of a student applying to take a supplemental online course, the
enrolling district must notify the supplemental online course provider whether
the student, the student's guardian, and the enrolling district agree that
academic standards in the online course meet or exceed the academic standards
in the course it would replace at the enrolling district. If the enrolling district does not agree that
the academic standards in the online course meet or exceed the academic
standards in the course it would replace at the enrolling district, then:
(1) the enrolling district must provide
a written explanation of the district's decision to the student, the student's
guardian, and the supplemental online course provider; and
(2) the online provider must provide a
response to the enrolling district explaining how the course or program meets
the graduation requirements of the enrolling district.
(d) An enrolling district may reduce
the course schedule of a student taking supplemental online courses in
proportion to the number of supplemental online learning courses the student
takes.
(e) An enrolling district must appoint
an online learning liaison who:
(1) provides information to students
and families about supplemental online courses;
(2) provides academic support
information including IEPs, EL support plans, and 504 plans to supplemental
online providers; and
(3) monitors attendance and academic
progress, and communicates with supplemental online learning providers,
students, families, and enrolling district staff.
(f) An enrolling district must continue
to provide support services to students taking supplemental online courses as
they would for any other enrolled student including support for English
learners, case management of an individualized education program, and meal and
nutrition services for eligible students.
(g) An online learning student must
receive academic credit for completing the requirements of a supplemental
online learning course. If a student
completes an online learning course that meets or exceeds a graduation standard
or the grade progression requirement at the enrolling district, that standard
or requirement is met.
(h) Secondary credits granted to a
supplemental online learning student count toward the graduation and credit
requirements of the enrolling district. The
enrolling district must apply the same graduation requirements to all students,
including students taking supplemental online courses.
(i) An enrolling district must
provide access to extracurricular activities for students taking supplemental
online courses on the same basis as any other enrolled student.
Subd. 5. Reporting. Courses that include blended
instruction and online instruction must be reported in the manner determined by
the commissioner of education.
Subd. 6. Department
of Education. (a) The
commissioner must establish quality standards to be used for applications and
continuous improvement of supplemental online course providers, and by
enrolling districts using digital instruction.
(b) The commissioner must support the
enrolling district's development of high-quality digital instruction and
monitor implementation. The department
must establish and participate in continuous improvement cycles with
supplemental online course providers.
(c) Applications from prospective
supplemental online course providers must be reviewed using quality standards
and approved or denied within 90 calendar days of receiving a complete
application.
(d) The department may collect a fee
not to exceed $250 for reviewing applications by supplemental online course
providers or $50 per supplemental course application review request. Funds generated from application review fees
shall be used to support high quality digital instruction.
(e) The department must develop,
publish, and maintain a list of supplemental online course providers that the
department has reviewed and approved.
(f) The department may review a
complaint about an enrolling district providing digital instruction, or a
complaint about a supplemental online course provider based on the provider's
response to notice of a violation. If
the department determines that an enrolling district providing digital
instruction or a supplemental online course provider violated a law or rule,
the department may:
(1) create a compliance plan for the
provider; or
(2) withhold funds from the provider
under this section and sections 124E.25 and 127A.42. The department must notify an online learning
provider in writing about withholding funds and provide detailed calculations.
(g) An online learning program fee
administration account is created in the special revenue fund. Funds retained under paragraph (d) must be
deposited in the account. Money in the
account is annually appropriated to the commissioner for costs associated with
administering and monitoring online and digital learning programs.
Subd. 7. Financial
arrangements. (a) For a
student enrolled in an online supplemental course, the department must
calculate average daily membership and make payments according to this
subdivision.
(b) The initial online supplemental
average daily membership equals 1/12 for each semester course or a
proportionate amount for courses of different lengths. The adjusted online learning average daily
membership equals the initial online supplemental average daily membership
times .88.
(c) No online supplemental average
daily membership shall be generated if the student:
(1) does not complete the online
learning course; or
(2) is enrolled in an online course
provided by the enrolling district.
(d) Online course average daily
membership under this subdivision for a student currently enrolled in a
Minnesota public school shall be used only for computing average daily
membership according to section 126C.05, subdivision 19, paragraph (a), clause (2),
and for computing online course aid according to section 124D.096.
Sec. 50. Minnesota Statutes 2022, section 124D.128, subdivision 1, is amended to read:
Subdivision 1. Program
established. A learning year program
provides instruction throughout the year on an extended year calendar, extended
school day calendar, or both. A pupil
may participate in the program and accelerate attainment of grade level requirements
or graduation requirements. A
learning year program may begin after the close of the regular school year in
June. The program may be for students in
one or more grade levels from kindergarten through grade 12.
Sec. 51. Minnesota Statutes 2022, section 124D.231, is amended to read:
124D.231
FULL-SERVICE COMMUNITY SCHOOLS.
Subdivision 1. Definitions. For the purposes of this section, the following terms have the meanings given them.
(a) "Community organization" means a nonprofit organization that has been in existence for three years or more and serves persons within the community surrounding the covered school site on education and other issues.
(b) "Community school consortium" means a group of schools and community organizations that propose to work together to plan and implement community school programming.
(c) "Community school
programming" means services, activities, and opportunities described under
subdivision 2, paragraph (g) (f).
(d) "Community-wide full-service
community school leadership team" means a district-level team that is
responsible for guiding the vision, policy, resource alignment, implementation,
oversight, and goal setting for community school programs within the district. This team shall include representatives from
the district, including teachers, school leaders, students, and family members
from the eligible schools; community members; system-level partners that
include representatives from government agencies, relevant unions, and
nonprofit and other community-based partners; and, if applicable, the
full-service community school initiative director.
(e) "Full-service community school
initiative director" means a director responsible for coordinating
districtwide administrative and leadership assistance to community school sites
and site coordinators, including serving as chairperson for the district's
community-wide full-service community school leadership team; site coordinator
support; data gathering and evaluation; administration of partnership and data
agreements, contracts, and procurement; and grant administration.
(d) (f) "High-quality
child care or early childhood education programming" means educational
programming for preschool-aged children that is grounded in research,
consistent with best practices in the field, and provided by licensed teachers.
(e) (g) "School
site" means a school site at which an applicant has proposed or has been
funded to provide community school programming.
(f) (h) "Site
coordinator" is an individual means a full-time staff member
serving one eligible school who is responsible for aligning the
identification, implementation, and coordination of programming with
to address the needs of the school community identified in the baseline
analysis.
Subd. 2. Full-service community school program. (a) The commissioner shall provide funding to districts and charter schools with eligible school sites to plan, implement, and improve full-service community schools. Eligible school sites must meet one of the following criteria:
(1) the school is on a development plan for continuous improvement under section 120B.35, subdivision 2; or
(2) the school is in a district that has an achievement and integration plan approved by the commissioner of education under sections 124D.861 and 124D.862.
(b) An eligible school site may receive
up to $150,000 annually. Districts
and charter schools may receive up to:
(1) $100,000 for each eligible school
available for up to one year to fund planning activities, including convening a
full-service community school leadership team, facilitating family and
community stakeholder engagement, conducting a baseline analysis, and creating
a full-service community school plan. At
the end of this period, the school must submit a full-service community school
plan pursuant to paragraphs (d) and (e); and
(2) $200,000 annually for each eligible
school for up to three years of implementation of a full-service community
school plan, pursuant to paragraphs (f) and (g). School sites receiving funding under this
section shall hire or contract with a partner agency to hire a site coordinator
to coordinate services at each covered school site. Districts or charter schools receiving
funding under this section for three or more schools shall provide or contract
with a partner agency to provide a full-service community school initiative
director.
(c) Of grants awarded, implementation
funding of up to $20,000 must be available for up to one year for planning for
school sites. At the end of this period,
the school must submit a full-service community school plan, pursuant to
paragraph (g). If the site decides not
to use planning funds, the plan must be submitted with the application.
(d) (c) The commissioner
shall consider additional school factors when dispensing funds including: schools with significant populations of
students receiving free or reduced-price lunches; significant homeless and
highly mobile rates; and equity among urban, suburban, and greater
Minnesota schools; and demonstrated success implementing full-service
community school programming.
(e) (d) A school site must
establish a full-service community school leadership team responsible
for developing school-specific programming goals, assessing program needs, and
overseeing the process of implementing expanded programming at each covered
site. The school leadership team
shall have between at least 12 to 15 members and shall
meet the following requirements:
(1) at least 30 percent of the members are parents, guardians, or students and 30 percent of the members are teachers at the school site and must include the school principal and representatives from partner agencies; and
(2) the full-service community
school leadership team must be responsible for overseeing the baseline analyses
under paragraph (f) (e) and the creation of a full-service community
school plan under paragraphs (f) and (g).
A full-service community school leadership team must meet at
least quarterly and have ongoing responsibility for monitoring the
development and implementation of full-service community school operations and
programming at the school site and shall issue recommendations to schools on a
regular basis and summarized in an annual report. These reports shall also be made available to
the public at the school site and on school and district websites.
(f) (e) School sites
must complete a baseline analysis prior to beginning programming as the
creation of a full‑service community school plan. The analysis shall include:
(1) a baseline analysis of needs at the
school site, led by the school leadership team, which shall include including
the following elements:
(i) identification of challenges facing the school;
(ii) analysis of the student body, including:
(A) number and percentage of students with disabilities and needs of these students;
(B) number and percentage of students who are English learners and the needs of these students;
(C) number of students who are homeless or
highly mobile; and
(D) number and percentage of students
receiving free or reduced-price lunch and the needs of these students; and
(E) number and percentage of students
by race and ethnicity;
(iii) analysis of enrollment and retention rates for students with disabilities, English learners, homeless and highly mobile students, and students receiving free or reduced-price lunch;
(iv) analysis of suspension and expulsion
data, including the justification for such disciplinary actions and the degree
to which particular populations, including, but not limited to, American
Indian students and students of color, students with disabilities, students
who are English learners, and students receiving free or reduced-price lunch
are represented among students subject to such actions;
(v) analysis of school achievement data
disaggregated by major demographic categories, including, but not
limited to, race, ethnicity, English learner status, disability status,
and free or reduced-price lunch status;
(vi) analysis of current parent engagement strategies and their success; and
(vii) evaluation of the need for and
availability of wraparound services full-service community school
activities, including, but not limited to:
(A) mechanisms for meeting students'
social, emotional, and physical health needs, which may include coordination of
existing services as well as the development of new services based on student
needs; and
(B) strategies to create a safe and
secure school environment and improve school climate and discipline, such as
implementing a system of positive behavioral supports, and taking additional
steps to eliminate bullying;
(A) integrated student supports that
address out-of-school barriers to learning through partnerships with social and
health service agencies and providers, and may include medical, dental, vision
care, and mental health services or counselors to assist with housing,
transportation, nutrition, immigration, or criminal justice issues;
(B) expanded and enriched learning time
and opportunities, including before-school, after-school, weekend, and summer
programs that provide additional academic instruction, individualized academic
support, enrichment activities, and learning opportunities that emphasize
real-world learning and community problem solving and may include art, music,
drama, creative writing, hands-on experience with engineering or science,
tutoring and homework help, or recreational programs that enhance and are
consistent with the school's curriculum;
(C) active family and community
engagement that brings students' families and the community into the school as
partners in education and makes the school a neighborhood hub, providing adults
with educational opportunities that may include adult English as a second
language classes, computer skills, art, or other programs that bring community
members into the school for meetings or events; and
(D) collaborative leadership and
practices that build a culture of professional learning, collective trust, and
shared responsibility and include a school-based full-service community school
leadership team, a full-service community school site coordinator, a
full-service community school initiative director, a community-wide leadership
team, other leadership or governance teams, teacher learning communities, or
other staff to manage the joint work of school and community organizations;
(2) a baseline analysis of community
assets and a strategic plan for utilizing and aligning identified assets. This analysis should include, but is not
limited to, a, including documentation of individuals in the
community, faith‑based organizations, community and neighborhood
associations, colleges, hospitals, libraries, businesses, and social service
agencies who that may be able to provide support and resources;
and
(3) a baseline analysis of needs in the
community surrounding the school, led by the school leadership team, including,
but not limited to:
(i) the need for high-quality, full-day child care and early childhood education programs;
(ii) the need for physical and mental health care services for children and adults; and
(iii) the need for job training and other adult education programming.
(g) (f) Each school site
receiving funding under this section must establish develop a
full-service community school plan that utilizes and aligns district and
community assets and establishes services in at least two of the following
types of programming:
(1) early childhood:
(i) early childhood education; and
(ii) child care services;
(2) academic:
(i) academic support and enrichment activities, including expanded learning time;
(ii) summer or after-school enrichment and learning experiences;
(iii) job training, internship opportunities, and career counseling services;
(iv) programs that provide assistance to students who have been chronically absent, truant, suspended, or expelled; and
(v) specialized instructional support services;
(3) parental involvement:
(i) programs that promote parental involvement and family literacy;
(ii) parent leadership development activities that empower and strengthen families and communities, provide volunteer opportunities, or promote inclusion in school-based leadership teams; and
(iii) parenting education activities;
(4) mental and physical health:
(i) mentoring and other youth development programs, including peer mentoring and conflict mediation;
(ii) juvenile crime prevention and rehabilitation programs;
(iii) home visitation services by teachers and other professionals;
(iv) developmentally appropriate physical education;
(v) nutrition services;
(vi) primary health and dental care; and
(vii) mental health counseling services;
(5) community involvement:
(i) service and service-learning opportunities;
(ii) adult education, including instruction in English as a second language; and
(iii) homeless prevention services;
(6) positive discipline practices; and
(7) other programming designed to meet school and community needs identified in the baseline analysis and reflected in the full-service community school plan.
(h) (g) The full-service
community school leadership team at each school site must develop a
full-service community school plan detailing the steps the school leadership
team will take, including:
(1) timely establishment and consistent operation of the school leadership team;
(2) maintenance of attendance records in all programming components;
(3) maintenance of measurable data showing annual participation and the impact of programming on the participating children and adults;
(4) documentation of meaningful and sustained collaboration between the school and community stakeholders, including local governmental units, civic engagement organizations, businesses, and social service providers;
(5) establishment and maintenance of partnerships with institutions, such as universities, hospitals, museums, or not-for-profit community organizations to further the development and implementation of community school programming;
(6) ensuring compliance with the district nondiscrimination policy; and
(7) plan for school leadership team development.
Subd. 3. Full-service
community school review. (a) Every
three years, A full-service community school site must submit to the
commissioner, and make available at the school site and online, a report
describing efforts to integrate community school programming at each covered
school site and the effect of the transition to a full-service community school
on participating children and adults. This
report shall include, but is not limited to, the following:
(1) an
assessment of the effectiveness of the school site in development or
implementing the community school plan;
(2) problems encountered in the design and execution of the community school plan, including identification of any federal, state, or local statute or regulation impeding program implementation;
(3) the operation of the school leadership team and its contribution to successful execution of the community school plan;
(4) recommendations for improving delivery of community school programming to students and families;
(5) the number and percentage of students receiving community school programming who had not previously been served;
(6) the number and percentage of nonstudent community members receiving community school programming who had not previously been served;
(7) improvement in retention among students who receive community school programming;
(8) improvement in academic achievement among students who receive community school programming;
(9) changes in student's readiness to enter school, active involvement in learning and in their community, physical, social and emotional health, and student's relationship with the school and community environment;
(10) an accounting of anticipated local budget savings, if any, resulting from the implementation of the program;
(11) improvements to the frequency or depth of families' involvement with their children's education;
(12) assessment of community stakeholder satisfaction;
(13) assessment of institutional partner satisfaction;
(14) the ability, or anticipated ability, of the school site and partners to continue to provide services in the absence of future funding under this section;
(15) increases in access to services for
students and their families; and.
(16) the degree of increased collaboration among participating agencies and private partners.
(b) Reports submitted under this section shall be evaluated by the commissioner with respect to the following criteria:
(1) the effectiveness of the school or the community school consortium in implementing the full-service community school plan, including the degree to which the school site navigated difficulties encountered in the design and operation of the full-service community school plan, including identification of any federal, state, or local statute or regulation impeding program implementation;
(2) the extent to which the project has produced lessons about ways to improve delivery of community school programming to students;
(3) the degree to which there has been an increase in the number or percentage of students and nonstudents receiving community school programming;
(4) the degree to which there has been an improvement in retention of students and improvement in academic achievement among students receiving community school programming;
(5) local budget savings, if any, resulting from the implementation of the program;
(6) the degree of community stakeholder and institutional partner engagement;
(7) the ability, or anticipated ability, of the school site and partners to continue to provide services in the absence of future funding under this section;
(8) increases in access to services for students and their families; and
(9) the degree of increased collaboration among participating agencies and private partners.
Sec. 52. [124D.475]
CREDIT FOR EMPLOYMENT WITH HEALTH CARE PROVIDERS.
Consistent with the career and
technical pathways program, a student in grade 11 or 12 who is employed by an
institutional long-term care or licensed assisted living facility, a home and community-based
services and supports provider, a hospital or health system clinic, or a child
care center may earn up to two elective credits each year toward graduation
under section 120B.024, subdivision 1, paragraph (a), clause (7), at the
discretion of the enrolling school district or charter school. A student may earn one elective credit for
every 350 hours worked, including hours worked during the summer. A student who is employed by an eligible
employer must submit an application, in the form or manner required by the
school district or charter school, for elective credit to the school district
or charter school in order to receive elective credit. The school district or charter school must
verify the hours worked with the employer before awarding elective credit.
EFFECTIVE
DATE. This section is
effective for the 2023-2024 school year and later.
Sec. 53. Minnesota Statutes 2022, section 124D.59, subdivision 2a, is amended to read:
Subd. 2a. English
learner; limited or interrupted formal education. Consistent with subdivision 2, an English
learner includes an English learner with an limited or
interrupted formal education is an English learner under subdivision 2
who meets three of the following five requirements:
(1) comes from a home where the
language usually spoken is other than English, or usually speaks a language
other than English;
(2) enters school in the United
States after grade 6;
(3) has at least two years less
schooling than the English learner's peers;
(4) functions at least two years below
expected grade level in reading and mathematics; and
(5) may be preliterate in the English
learner's native language. has at least two fewer years of schooling
than the English learner's peers when entering school in the United States.
Sec. 54. Minnesota Statutes 2022, section 124D.68, subdivision 2, is amended to read:
Subd. 2. Eligible pupils. (a) A pupil under the age of 21 or who meets the requirements of section 120A.20, subdivision 1, paragraph (c), and a pupil with a disability until the pupil is 22 years of age, is eligible to participate in the graduation incentives program, if the pupil:
(1) performs substantially below the performance level for pupils of the same age in a locally determined achievement test;
(2) is behind in satisfactorily completing coursework or obtaining credits for graduation;
(3) is pregnant or is a parent;
(4) has been assessed as having substance use disorder;
(5) has been excluded or expelled according to sections 121A.40 to 121A.56;
(6) has been referred by a school district for enrollment in an eligible program or a program pursuant to section 124D.69;
(7) is a victim of physical or sexual abuse;
(8) has experienced mental health problems;
(9) has experienced homelessness sometime within six months before requesting a transfer to an eligible program;
(10) speaks English as a second language or is an English learner;
(11) has withdrawn from school or has been chronically truant; or
(12) is being treated in a hospital in the seven-county metropolitan area for cancer or other life threatening illness or is the sibling of an eligible pupil who is being currently treated, and resides with the pupil's family at least 60 miles beyond the outside boundary of the seven-county metropolitan area.
(b) A pupil otherwise qualifying under
paragraph (a) who is at least 21 years of age and not yet 22 years of age, and
is an English learner with an interrupted formal education according to section
124D.59, subdivision 2a, is eligible to participate in the graduation
incentives program under section 124D.68 and in concurrent enrollment courses
offered under section 124D.09, subdivision 10, and is funded in the same manner
as other pupils under this section. if
the pupil otherwise qualifies under paragraph (a), is at least 21 years of age
and not yet 22 years of age, and:
(1) is an English learner with
a limited or interrupted formal education according to section 124D.59,
subdivision 2a; or
(2) meets three of the following four
requirements:
(i) comes from a home where the
language usually spoken is other than English, or usually speaks a language
other than English;
(ii) enters school in the United States
after grade 6;
(iii) functions at least two years
below expected grade level in reading and mathematics; and
(iv) may be preliterate in the English
learner's native language.
Sec. 55. Minnesota Statutes 2022, section 124D.68, subdivision 3, is amended to read:
Subd. 3. Eligible programs. (a) A pupil who is eligible according to subdivision 2 may enroll in a state‑approved alternative program under sections 123A.05 to 123A.08.
(b) A pupil who is eligible according to subdivision 2 and who is a high school junior or senior may enroll in postsecondary courses under section 124D.09.
(c) A pupil who is eligible under subdivision 2, may enroll in any public elementary or secondary education program.
(d) A pupil who is eligible under subdivision 2, may enroll in any nonpublic, nonsectarian school that has contracted with the serving school district to provide educational services. However, notwithstanding other provisions of this section, only a pupil who is eligible under subdivision 2, clause (12), may enroll in a contract alternative school that is specifically structured to provide educational services to such a pupil.
(e) A pupil who is between the ages of 16
17 and 21 may enroll in any adult basic education programs approved
under section 124D.52 and operated under the community education program
contained in section 124D.19.
Sec. 56. Minnesota Statutes 2022, section 124D.861, subdivision 2, is amended to read:
Subd. 2. Plan
implementation; components. (a) The
school board of each eligible district must formally develop and implement a
long-term plan under this section. The
plan must be incorporated into the district's comprehensive strategic plan
under section 120B.11. Plan
components may include: innovative and
integrated prekindergarten through grade 12 learning environments that offer
students school enrollment choices; family engagement initiatives that involve
families in their students' academic life and success; professional development
opportunities for teachers and administrators focused on improving the academic
achievement of all students, including teachers and administrators who are
members of populations underrepresented among the licensed teachers or
administrators in the district or school and who reflect the diversity of
students under section 120B.35, subdivision 3, paragraph (b), clause (2), who
are enrolled in the district or school; increased programmatic opportunities
and effective and more diverse instructors focused on rigor and college and
career readiness for underserved students, including students enrolled in
alternative learning centers under section 123A.05, public alternative programs
under section 126C.05, subdivision 15, and contract alternative programs under
section 124D.69, among other underserved students; or recruitment and retention
of teachers and administrators with diverse racial and ethnic backgrounds.
(b) The plan must contain goals for:
(1) reducing the disparities in academic achievement and in equitable access to effective and more diverse teachers among all students and specific categories of students under section 120B.35, subdivision 3, paragraph (b), excluding the student categories of gender, disability, and English learners; and
(2) increasing racial and economic diversity and integration in schools and districts.
(c) The plan must include strategies to
validate, affirm, embrace, and integrate cultural and community strengths of
all students, families, and employees in the district's curriculum as well as
learning and work environments. The plan
must address issues of institutional racism as defined in section 120B.11,
subdivision 1, in schools that create opportunity and achievement gaps for
students, families, and staff who are of color or who are American Indian. Examples of institutional racism experienced
by students who are of color or who are American Indian include policies and
practices that intentionally or unintentionally result in disparate discipline
referrals and suspension, inequitable access to advanced coursework,
overrepresentation in lower-level coursework, inequitable participation in
cocurricular activities, inequitable parent involvement, and lack of equitable
access to racially and ethnically diverse teachers who reflect the racial or
ethnic diversity of students because it has not been a priority to hire or
retain such teachers.
(d) School districts must use local
data, to the extent practicable, to develop plan components and strategies. Plans may include:
(1) innovative and integrated
prekindergarten through grade 12 learning environments that offer students
school enrollment choices;
(2) family engagement initiatives that
involve families in their students' academic life and success and improve
relations between home and school;
(3) opportunities for students,
families, staff, and community members who are of color or American Indian to
share their experiences in the school setting with school staff and
administration and to inform the development of specific proposals for making
school environments more validating, affirming, embracing, and integrating of
their cultural and community strengths;
(4) professional development
opportunities for teachers and administrators focused on improving the academic
achievement of all students, including knowledge, skills, and dispositions
needed to be antiracist and culturally sustaining as defined in section
120B.11, subdivision 1, for serving students who are from racially and
ethnically diverse backgrounds;
(5) recruitment and retention of
teachers, administrators, cultural and family liaisons, paraprofessionals, and
other staff from racial, ethnic, and linguistic backgrounds represented in the
student population to strengthen relationships with all students, families, and
other members of the community;
(6) collection, examination, and
evaluation of academic and discipline data for institutional racism as defined
in section 120B.11, subdivision 1, in structures, policies, and practices that
result in the education disparities, in order to propose antiracist changes as
defined in section 120B.11, subdivision 1, that increase access, meaningful
participation, representation, and positive outcomes for students of color and
American Indian students;
(7) increased programmatic opportunities
and effective and more diverse instructors focused on rigor and college and
career readiness for students who are impacted by racial, gender, linguistic,
and economic disparities, including students enrolled in area learning centers
or alternative learning programs under section 123A.05, state-approved
alternative programs under section 126C.05, subdivision 15, and contract
alternative programs under section 124D.69, among other underserved students;
(8) instruction in ethnic
studies, as defined in section 120B.25, to provide all students with
opportunities to learn about their own and others' cultures and historical
experiences; or
(9) examination and revision of
district curricula in all subjects to be inclusive of diverse racial and ethnic
groups while meeting state academic standards and being culturally sustaining
as defined in section 120B.11, subdivision 1, ensuring content being studied
about any group is accurate and based in knowledge from that group.
(b) (e) Among other
requirements, an eligible district must implement effective, research-based
interventions that include formative multiple measures of
assessment practices and engagement in order to reduce the
eliminate academic disparities in student academic performance among
the specific categories of students as measured by student progress and growth
on state reading and math assessments and for students impacted by
racial, gender, linguistic, and economic inequities as aligned with section
120B.11.
(c) (f) Eligible districts
must create efficiencies and eliminate duplicative programs and services under
this section, which may include forming collaborations or a single,
seven-county metropolitan areawide partnership of eligible districts for this
purpose.
EFFECTIVE
DATE. This section is
effective for all plans reviewed and updated after the day following final
enactment.
Sec. 57. Minnesota Statutes 2022, section 124D.862, subdivision 8, is amended to read:
Subd. 8. Commissioner authority to withhold revenue. (a) The commissioner must review the results of each district's integration and achievement plan by August 1 at the end of the third year of implementing the plan and determine if the district met its goals.
(b) If a district met its goals, it may submit a new three-year plan to the commissioner for review.
(c) If a district has not met its goals, the commissioner must:
(1) develop a guide the
district in the development of an improvement plan and timeline, in
consultation with the affected district, that identifies strategies and
practices designed to meet the district's goals under this section and section
120B.11; and
(2) use up to 20 percent of the district's integration revenue, until the district's goals are reached, to implement the improvement plan.
Sec. 58. Minnesota Statutes 2022, section 125A.08, is amended to read:
125A.08
INDIVIDUALIZED EDUCATION PROGRAMS.
(a) At the beginning of each school year, each school district shall have in effect, for each child with a disability, an individualized education program.
(b) As defined in this section, every district must ensure the following:
(1) all students with disabilities are provided the special instruction and services which are appropriate to their needs. Where the individualized education program team has determined appropriate goals and objectives based on the student's needs, including the extent to which the student can be included in the least restrictive environment, and where there are essentially equivalent and effective instruction, related services, or assistive technology devices available to meet the student's needs, cost to the district may be among the factors considered by the team in
choosing how to provide the appropriate services, instruction, or devices that are to be made part of the student's individualized education program. The individualized education program team shall consider and may authorize services covered by medical assistance according to section 256B.0625, subdivision 26. Before a school district evaluation team makes a determination of other health disability under Minnesota Rules, part 3525.1335, subparts 1 and 2, item A, subitem (1), the evaluation team must seek written documentation of the student's medically diagnosed chronic or acute health condition signed by a licensed physician or a licensed health care provider acting within the scope of the provider's practice. The student's needs and the special education instruction and services to be provided must be agreed upon through the development of an individualized education program. The program must address the student's need to develop skills to live and work as independently as possible within the community. The individualized education program team must consider positive behavioral interventions, strategies, and supports that address behavior needs for children. During grade 9, the program must address the student's needs for transition from secondary services to postsecondary education and training, employment, community participation, recreation, and leisure and home living. In developing the program, districts must inform parents of the full range of transitional goals and related services that should be considered. The program must include a statement of the needed transition services, including a statement of the interagency responsibilities or linkages or both before secondary services are concluded. If the individualized education program meets the plan components in section 120B.125, the individualized education program satisfies the requirement and no additional transition plan is needed;
(2) children with a disability under age five and their families are provided special instruction and services appropriate to the child's level of functioning and needs;
(3) children with a disability and their parents or guardians are guaranteed procedural safeguards and the right to participate in decisions involving identification, assessment including assistive technology assessment, and educational placement of children with a disability;
(4) eligibility and needs of children with a disability are determined by an initial evaluation or reevaluation, which may be completed using existing data under United States Code, title 20, section 33, et seq.;
(5) to the maximum extent appropriate, children with a disability, including those in public or private institutions or other care facilities, are educated with children who are not disabled, and that special classes, separate schooling, or other removal of children with a disability from the regular educational environment occurs only when and to the extent that the nature or severity of the disability is such that education in regular classes with the use of supplementary services cannot be achieved satisfactorily;
(6) in accordance with recognized professional standards, testing and evaluation materials, and procedures used for the purposes of classification and placement of children with a disability are selected and administered so as not to be racially or culturally discriminatory; and
(7) the rights of the child are protected when the parents or guardians are not known or not available, or the child is a ward of the state.
(c) For all paraprofessionals employed to work in programs whose role in part is to provide direct support to students with disabilities, the school board in each district shall ensure that:
(1) before or beginning at the time of employment, each paraprofessional must develop sufficient knowledge and skills in emergency procedures, building orientation, roles and responsibilities, confidentiality, vulnerability, and reportability, among other things, to begin meeting the needs, especially disability-specific and behavioral needs, of the students with whom the paraprofessional works;
(2) within five days of
beginning to work alone with an individual student with a disability, the
assigned paraprofessional must be either given paid time, or time during the
school day, to review a student's individualized education program or be briefed
on the student's specific needs by appropriate staff;
(2) (3) annual training
opportunities are required to enable the paraprofessional to continue to
further develop the knowledge and skills that are specific to the students with
whom the paraprofessional works, including understanding disabilities, the
unique and individual needs of each student according to the student's
disability and how the disability affects the student's education and behavior,
following lesson plans, and implementing follow-up instructional procedures and
activities; and
(3) (4) a districtwide
process obligates each paraprofessional to work under the ongoing direction of
a licensed teacher and, where appropriate and possible, the supervision of a
school nurse.
(d) A school district may conduct a functional behavior assessment as defined in Minnesota Rules, part 3525.0210, subpart 22, as a stand-alone evaluation without conducting a comprehensive evaluation of the student in accordance with prior written notice provisions in section 125A.091, subdivision 3a. A parent or guardian may request that a school district conduct a comprehensive evaluation of the parent's or guardian's student.
Sec. 59. INNOVATIVE
INCUBATOR SERVICE-LEARNING GRANTS.
Subdivision 1. Definitions. (a) For the purposes of this section,
the following terms have the meanings given.
(b) "Eligible school" means a
school district or school site operated by a school district, charter school,
or Tribal contract or grant school eligible for state aid under Minnesota
Statutes, section 124D.83, or cooperative unit under Minnesota Statutes,
section 123A.24, subdivision 2.
(c) "Eligible service-learning
partnership" means a partnership that includes an eligible school and at
least one community-based organization, community education program, state or
federal agency, or political subdivision.
An eligible service-learning partnership may include other individuals
or entities, such as a postsecondary faculty member or institution, parent,
other community member, local business or business organization, or local media
representative. A school district member
in an eligible service-learning partnership may participate in the partnership
through a community education program established under Minnesota Statutes,
section 124D.19.
Subd. 2. Establishment;
eligibility criteria; application requirements. (a) A technical assistance and grant
program is established to initiate or expand and strengthen innovative
service-learning opportunities for students in kindergarten through grade 12;
increase student engagement and academic achievement; help close the academic
achievement gap and the community, college, and career opportunity gaps; and
create a positive school climate and safer schools and communities.
(b) At least one teacher,
administrator, or program staff member and at least one service-learning
specialist, service-learning coordinator, curriculum specialist, or other
qualified employee employed by an eligible school and designated to develop and
share expertise in implementing service-learning best practices must work with
students to form a student-adult partnership.
Before developing and submitting a grant application to the department,
a participating student must work with at least one adult who is part of the
initial partnership to identify a need or opportunity to pursue through a
service-learning partnership and invite at least one partner to collaborate in
developing and submitting a grant application.
The fiscal agent for the grant to an eligible service-learning
partnership is an eligible school that is a member of the partnership or has a
program that is a member of the partnership.
(c) An eligible
service-learning partnership receiving an innovation service-learning grant
must:
(1) include at least two or more
enrolled students; two or more school employees of an eligible school in
accordance with paragraph (b); and an eligible community-based organization,
community education program, state or federal agency, or political subdivision;
and
(2) assist students to:
(i) actively participate in
service-learning experiences that meet identified student and community needs
or opportunities;
(ii) operate collaboratively with
service-learning partnership members;
(iii) align service-learning experiences
with at least one state or local academic standard, which may include a local
career and technical education standard;
(iv) apply students' knowledge and
skills in their community and help solve community problems or address
community opportunities;
(v) foster students' civic engagement; and
(vi) explore or pursue career pathways
and support career and college readiness.
(d) An eligible service-learning
partnership interested in receiving a grant must apply to the commissioner of
education in the form and manner determined by the commissioner. The partnership must work with an eligible school.
Consistent with this subdivision, the application must describe the
eligible service-learning partnership plan to:
(1) incorporate student-designed and student-led service-learning into the school curriculum or specific courses or across subject areas;
(2) provide students with instruction and
experiences using service-learning best practices during the regular school day
with an option to supplement their service-learning experiences outside of the
school day;
(3) align service-learning experiences
with at least one state or local academic standard, which may include a local
career or technical education standard, and at least one goal of the world's
best workforce in accordance with Minnesota Statutes, section 120B.11, or the
state plan submitted and approved under the most recent reauthorization of the
Elementary and Secondary Education Act;
(4) make implementing service-learning
best practices an educational priority;
(5) provide student-designed, student-led
service-learning experiences that help meet community needs or develop or
advance community opportunities; and
(6) identify at least one eligible
school teacher, administrator, or program staff member and at least one service‑learning
specialist, service-learning coordinator, curriculum specialist, or other
qualified eligible school employee designated to develop and share expertise in
implementing service-learning best practices to work with students to form a
student-adult partnership that includes at least one community-based
organization, community education program, state or federal agency, or
political subdivision.
Subd. 3. Innovation
grants. The commissioner of
education must award up to 32 grants of up to $50,000 each to allow eligible
partnerships to provide student-designed, student-led service-learning
opportunities consistent with this section.
Grant awards must be equitably distributed throughout Minnesota by
congressional district. The
commissioner may designate
start-up or leader grant categories with differentiated maximum grant dollar
amounts up to $50,000. A grantee
designated as a leader grantee may be required to meet additional leader grant
requirements as established by the commissioner in the grant application
criteria developed by the commissioner. In
order to receive a grant, a partnership must provide a 50 percent match in
funds or in-kind contributions unless the commissioner waives the match
requirement for an applicant serving a high number of students whose families
meet federal poverty guidelines. A
partnership grantee must allocate the grant amount according to its grant
application. The partnership must convey
50 percent of the actual grant amount to at least one community-based
organization, community education program, state or federal agency, or
political subdivision to help implement or defray the direct costs of carrying
out the service-learning strategies and activities described in the
partnership's grant application.
Subd. 4. Report. A grantee must report to the
commissioner on the educational and developmental outcomes of participating
students and the eligible school's progress toward meeting at least one goal of
the world's best workforce goals in accordance with Minnesota Statutes, section
120B.11, or the state plan submitted and approved under the most recent
reauthorization of the Elementary and Secondary Education Act. A grantee must report on the community
outcomes achieved through student service-learning experiences and the
corresponding student service activities.
The commissioner must submit a report on participating student and
community outcomes under this section to the
legislative committees with jurisdiction over kindergarten through grade 12
education by February 15, 2025.
Sec. 60. ETHNIC
STUDIES WORKING GROUP.
Subdivision 1. Working
group established. (a) The
Ethnic Studies Working Group is established to advise the commissioner of
education on an ethnic studies framework and resources necessary to implement
ethnic studies requirements under Minnesota Statutes, section 120B.251. The commissioner must appoint members of the
working group by April 1, 2024, with input from the Minnesota Ethnic Studies
Coalition.
(b) The Ethnic Studies Working Group
must have 25 members with a demonstrated commitment to ethnic studies, as
follows:
(1) five community members with a
demonstrated commitment to ethnic studies or education about Minnesota's
racial, ethnic, religious, national origin, gender, sexual orientation, or
cultural diversity;
(2) four public school students in
grades 11 and 12;
(3) three parents or guardians of
public kindergarten through grade 12 students;
(4) three Minnesota-based,
college-level faculty experts in ethnic studies;
(5) three ethnic studies high school
teachers;
(6) four teachers with experience
teaching ethnic studies to students in kindergarten to grade 8; and
(7) three school board members or
school administrators.
(c) Demographics of the working group
must be inclusive and represent the diversity of the state, including racial,
ethnic, and geographic diversity, and diversity related to gender and sexual
orientation, immigrant status, disability status, and religious and linguistic
background.
Subd. 2. Duties. (a) The working group must review
available ethnic studies instructional resources in order to:
(1) develop an ethnic studies framework
with advisory guidelines for ethnic studies courses required under Minnesota
Statutes, section 120B251;
(2) recommend professional learning
requirements for educators and staff to facilitate the successful
implementation of ethnic studies courses;
(3) recommend resources and materials
school districts and charter schools may use to implement ethnic studies
requirements and standards;
(4) identify or develop instructional
resources that school districts and charter schools may use in accordance with
Minnesota Statutes, section 120B.251; and
(5) complete other tasks the working
group considers pertinent to supporting the ability of teachers and school
district staff to facilitate the successful implementation of the ethnic
studies requirements under Minnesota Statutes, section 120B.251.
(b) By October 31, 2024, the working
group must provide the ethnic studies framework and other recommendations
related to ethnic studies to the commissioner of education.
Subd. 3. Meetings. The working group must convene on at
least a bimonthly basis and must hold the first meeting no later than May 1,
2024.
Subd. 4. Administration. The commissioner must provide meeting
space and technical assistance for the working group.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 61. COMPUTER
SCIENCE EDUCATION ADVANCEMENT PROGRAM.
Subdivision 1. Definitions. (a) "Computer science" means
the study of computers and algorithmic processes, including their principles,
their hardware and software designs, their implementation, and their impact on
society.
(b) "Computer science courses and
content" means courses at:
(1) elementary and middle schools that
teach computer science as standalone implementations or embedded in other
subjects; and
(2) high schools that teach computer
science as standalone courses and focus on teaching students how to create new
technologies.
(c) "High-quality computer science
educator training" means activities that:
(1) clarify the conceptual foundations
of computer science;
(2) teach research-based practices,
including hands-on and inquiry-based learning;
(3) are primarily intended for existing
teachers with or without prior exposure to computer science with options for
advanced training for teachers; and
(4) align to existing integrated
computer science standards in Minnesota or nationally recognized standards,
including the Computer Science Teachers' Association's kindergarten through
grade 12 computer science education standards.
(d) "High-quality computer science
professional learning providers" means institutions of higher education,
nonprofits, other state-funded entities, or private entities that have
successfully designed, implemented, and scaled high-quality computer science
professional learning for teachers as defined in paragraph (c).
(e) "STEAM" means science,
technology, engineering, arts, and mathematics.
Subd. 2. Computer
science education supervisor. The
Department of Education must employ a computer science supervisor dedicated to:
(1) the implementation of this section
and the implementation of the computer science education strategic plan
developed by the working group under subdivision 3;
(2) outreach to districts that need
additional supports to create or advance their computer science programs; and
(3) supporting districts in using
existing and available resources for districts to create and advance their
computer science programs.
Subd. 3. Computer
science working group. (a)
The Department of Education shall establish a computer science education
working group to develop a state strategic plan for long-term and sustained
growth of computer science education in all kindergarten through grade 12
school districts and charter schools. The
commissioner of education must appoint members of the working group by October
1, 2023.
(b) Demographics of the working group
must be inclusive and represent the diversity of the state, including but not
limited to racial, ethnic, and geographic diversity, and diversity related to
gender and sexual orientation.
(c)
Meetings of the advisory committee are subject to the Open Meeting Law under
Minnesota Statutes, chapter 13D.
(d) The computer science education
advisory committee shall consist of the following members:
(1) the commissioner of education or
the commissioner's designee;
(2) the commissioner of higher
education or the commissioner's designee;
(3) one representative of the
Professional Educator Licensing and Standards Board;
(4) one representative of the Computer
Science Teachers Association of Minnesota;
(5) one representative from the
business community employing computer scientists or technologists;
(6) one representative from the
Minnesota Technology Association;
(7) one representative from a nonprofit
organization working with students and teachers in computer science;
(8) one representative from the
Minnesota Association of School Administrators;
(9) one representative from Education
Minnesota;
(10) one representative from
the Minnesota Association of Colleges for Teacher Education;
(11) one representative from CSforAll
Minnesota;
(12) one licensed library media
specialist;
(13) one representative from the
Minnesota School Boards Association;
(14) one representative from SciMathMN;
(15) one representative from the Tribal
Nations Education Committee;
(16) one high school student enrolled
in a school with fewer than 1,000 students and one high school student enrolled
in a school with more than 1,000 students; and
(17) four computer science teachers
that teach at schools of different sizes, including at least one teacher of
students in kindergarten to grade 5, one teacher of students in grades 6 to 8,
and one teacher of students in grades 9 to 12, and one career and technical
education teacher.
(e) The computer science education
working group shall develop a state strategic plan for a statewide computer
science education program that includes but is not limited to:
(1) a statement of purpose that
describes the objectives or goals the Department of Education will accomplish
by implementing a computer science education program, the strategies by which
those goals will be achieved, and a timeline for achieving those goals;
(2) a summary of the current state
landscape for kindergarten through grade 12 computer science education,
including diversity of students taking these courses;
(3) the creation or expansion of
flexible options to license computer science teachers, which may include
approval codes, technical permits, ancillary licenses, and standard licenses;
(4) a description of how the state will
support the expansion of computer science education opportunities in every
public school and public charter school in the state within five years, with a
focus on ensuring equitable access;
(5) identifying high-quality computer
science professional learning providers for teachers;
(6) an ongoing evaluation process that
is overseen by the Department of Education;
(7) proposed rules that incorporate the principles of the state strategic plan into the state's public education system as a whole;
(8) recommendations for long-term
expansion and sustainability of computer science education, including:
(i) implementation of a requirement
that every kindergarten through grade 12 public school and public charter
school employs at least one certified or endorsed computer science teacher,
which may be met through multiple approved processes for certification and
endorsement, including but not limited to endorsing a certified teacher as
determined by the Professional Educator Licensing and Standards Board endorsed
in another subject area;
(ii) expansion of a high school credit
equivalency for computer science;
(iii) the development of
standalone kindergarten through grade 12 standards for computer science; and
(iv) training preservice teachers in
computer science education; and
(9) a description of existing gaps in
computer science education access, participation, and success by geography and
subgroup of students and a description of how to equitably address these gaps.
(f) By February 29, 2024, the
Department of Education shall publish the proposed state strategic plan for
public feedback.
(g) By March 22, 2024, the Department
of Education shall present the adopted state strategic plan described in
paragraph (c) to the chairs of the legislative committees with jurisdiction
over education.
(h) The commissioner of education, or
the commissioner of education's designee, may approve updates and changes to
the state strategic plan described in paragraph (c) as necessary for the
successful implementation of kindergarten through grade 12 computer science
education.
(i) The Department of Education shall
update the legislative committees with jurisdiction over education on all
changes to the strategic plan described in paragraph (c) approved by the
commissioner of education's designee since the last presentation to each
respective entity.
Subd. 4. Computer
science educator training and capacity building. (a) The Department of Education shall
develop and implement, or award grants or subcontract with eligible entities,
for the development and implementation of high-quality, coordinated teacher
recruitment and educator training programs for computer science courses and
content as defined in subdivision 1 and aligned to the state strategic plan as
developed under subdivision 3.
(b) For the purposes of this
subdivision, eligible entities include:
(1) a consortium of local educational
agencies in the state; and
(2) high-quality computer science
professional learning providers, including institutions of higher education in
the state that are reasonably accessible geographically to all Minnesota
educators, nonprofits, other state-funded entities, or private entities working
in partnership with a consortium of local educational agencies.
(c) For purposes of this subdivision,
eligible uses of funding include:
(1)
high-quality professional learning opportunities for kindergarten through grade
12 computer science content that:
(i) are created and delivered in a
consistent manner across the state;
(ii) are made available with no
out-of-pocket expenses to educators, including teachers, counselors,
administrators, and other district employees as approved by the Department of
Education, schools, and school districts;
(iii) are made available asynchronously
online, in person, and online or hybrid as determined appropriate by the
Department of Education; and
(iv) include introductory,
intermediate, and advanced trainings aligned to the kindergarten through grade
12 academic standards or, as necessary, other standards approved by the
Department of Education, specified for each of the grade bands kindergarten through
grade 2, grades 3 to 5, grades 6 to 8, and grades 9 to 12;
(2) professional learning
opportunities for educators of students in grades 9 to 12 that may include
trainings for advanced placement, international baccalaureate, and concurrent
enrollment credit computer science courses;
(3) travel expenses for kindergarten
through grade 12 computer science teachers:
(i) for attending training
opportunities under clauses (1) and (2); and
(ii) deemed appropriate and approved by
the commissioner of education, or the commissioner of education's designee;
(4) any future credentialing for
kindergarten through grade 12 computer science teachers, including Career and
Technical Education and academic endorsements;
(5) supports for kindergarten through
grade 12 computer science professional learning, including mentoring and
coaching;
(6) creation and deployment of
resources to promote training opportunities and recruitment of kindergarten
through grade 12 computer science teachers;
(7) creation or purchase of resources
to support implementation approved by the commissioner of education, or the
commissioner of education's designee;
(8) creation and deployment of resources to promote learning opportunities or recruit students to engage in the learning opportunities;
(9) development of teacher
credentialing programs;
(10) planning for districts to
implement or expand computer science education opportunities; and
(11) employment, or grant for
employment, of personnel or contractors to oversee the statewide initiative,
develop programs and trainings, and deliver training opportunities under clause
(1).
(d) As a condition of receiving any
funding through grants or subcontracts, eligible entities must submit an
application to the Department of Education.
The application must, at a minimum, address how the entity will:
(1) reach new and existing teachers
with little to no computer science background;
(2) attract and support educators from
schools that currently do not have established computer science education
programs;
(3) use research- or evidence-based
practices for high-quality professional development;
(4) focus the professional learning on
the conceptual foundations of computer science;
(5) reach and support subgroups
underrepresented in computer science;
(6) provide teachers with concrete
experience through hands-on, inquiry-based practices;
(7) accommodate the particular teacher
and student needs in each district and school; and
(8) ensure that participating
districts begin offering courses or content within the same or subsequent
school year after the teacher receives the professional learning.
(e) The Department of Education shall
prioritize the following applications:
(1) consortiums of local educational
agencies that are working in partnership with providers of high-quality
professional learning for kindergarten through grade 12 computer science;
(2) proposals that describe strategies
to increase enrollment overall, including but not limited to subgroups of
students that are traditionally underrepresented in computer science; and
(3) proposals from rural or urban areas
with a low penetration of kindergarten through grade 12 computer science
offerings, including local education consortiums within these areas.
(f) The award recipient shall report,
for all funding received under this section annually, at a minimum:
(1) the number of teachers:
(i) trained within each elementary,
middle, and high school; and
(ii) trained within trainings offered
as outlined in paragraph (c), clause (1), item (iv);
(2) the number of trainings offered in
advanced placement, international baccalaureate, and concurrent enrollment
credit computer science courses; and
(3) the number of teachers, and
percentage of teachers trained, that started implementing computer science
courses limited to middle and high school implementation.
(g) The Department of Education shall
make these reports public. The publicly
released data shall not include student-level personally identifiable
information.
Subd. 5. Teacher
preparation. On and after
July 1, 2027, any program of teacher preparation leading to professional certification
shall include, as part of the curriculum, instruction in computer science as
applied to student learning and classroom instruction that are grade-level and
subject-area appropriate.
Subd. 6. Computer
science education data collection. (a)
The Department of Education shall require all high schools to report data and
information about computer science course offerings and enrollment.
(b) The Department of Education shall
develop a plan for the secure and regular reporting of computer science course
offerings and enrollment data from schools with kindergarten to grade 8 bands
within 90 days of enactment of this act.
(c) Data collected in processes
described in paragraphs (a) and (b) should be disaggregated by gender, race,
ethnicity, free and reduced-price lunch status, Individuals with Disabilities
Education Act status, 504 status, and English language learner status.
Subd. 7. Adoption
of rules. The Department of
Education and Professional Educator Standards and Licensing Board may adopt
rules under this section, including rules for flexible options to license
computer science teachers, approval codes, technical permits, ancillary
licenses, and standard licenses.
Sec. 62. PILOT
PROGRAM TO IMPROVE EDUCATIONAL OUTCOMES AND ACCOUNTABILITY.
Subdivision 1. Program
goal. (a) A pilot program is
established to support Pillsbury United Communities in developing a framework
to evaluate school performance in improving educational outcomes for students. Participation in the pilot program is limited
to up to eight high schools within the group of charter schools authorized by
Pillsbury United Communities that apply to participate in the pilot program. The framework must:
(1) establish goals for each
participating school based on engagement with students, families, and community
leaders;
(2) support schools in continuing
improvement efforts; and
(3) use data to measure performance of
students beyond tests scores, graduation rates, and the world's best workforce
goals.
(b) The performance measures under
Minnesota Statutes, section 120B.11, subdivision 1a, do not apply to a school
participating in the pilot program, and participating schools are not required
to submit reports under Minnesota Statutes, section 120B.11, to the Department
of Education while the school is participating in the pilot program. A school participating in the pilot must
continue to administer the Minnesota Comprehensive Assessments in accordance
with Minnesota Statutes, section 120B.30.
(c) School goals established under the
framework may include, but are not limited to:
(1) student attendance or engagement
with coursework;
(2) reading or math growth as measured
by a locally adopted assessment;
(3) participation in college-level
coursework or an industry-recognized program;
(4) student participation in community
engagement activities;
(5) family participation in conferences
with teachers; and
(6) school board completion of training
to improve governance.
Subd. 2. Performance
measures. For each school in
the pilot program, the equity-focused framework must:
(1) measure total enrollment, including
the percentage of enrolled students disaggregated by characteristics of race
and ethnicity, gender, age, economic disadvantage, disability, homelessness,
number of schools attended, foster-system involvement, or other categories
required by the department;
(2) describe basic needs support
provided by the school to students, family members, and community members;
(3) measure the number of students who
receive support of the following types of social-emotional and mental health
support: (i) individual meetings with
licensed mental health professionals; (ii) peer support groups; (iii) referrals
to community resources; and (iv) other social-emotional and mental health
services provided by the school;
(4) describe flexible, personalized,
and innovative instruction provided by the school;
(5) describe culturally and real-life
relevant curriculum provided by the school, including students learning about
the experiences of People of Color through a contextually accurate history of
Minnesota's Indigenous people;
(6) measure the number and
percentage of students provided opportunities for student identity development,
including cultural identity;
(7) measure the number and percentage
of students provided opportunities for student career exploration and
preparation;
(8) measure the number and percentage
of students participating in at least one extracurricular activity;
(9) measure the number of
restorative-justice interventions and the number of suspensions and expulsions
per school;
(10) describe family engagement
practices by the school;
(11) describe community engagement
practices by the school; and
(12) describe teacher and staff
training about antiracism, anti-bias, or equity, and the average weekly time
provided for teacher collaboration.
Subd. 3. Report. By September 1, 2025, Pillsbury United
Communities must report to the legislative committees with jurisdiction over
kindergarten through grade 12 education data on school and student performance
measurements based on the goals established for each participating school. The report must identify the percentage of
each goal that each school attained.
EFFECTIVE
DATE. This section is
effective July 1, 2023.
Sec. 63. WORKING
GROUP ON EDUCATION ON THE HOLOCAUST, GENOCIDE OF INDIGENOUS PEOPLES, AND OTHER
GENOCIDES.
Subdivision 1. Working
group established. (a) The
Working Group on Education on the Holocaust, Genocide of Indigenous Peoples,
and Other Genocides is established to advise the commissioner of education and
develop resources necessary to implement requirements for education on the
Holocaust, genocide of Indigenous Peoples, and other genocides. The commissioner must appoint members of the
working group by April 1, 2024, based on the guidance and recommendations from
the cochairs of the working group.
(b) The Working Group on Education on
the Holocaust, Genocide of Indigenous Peoples, and Other Genocides must have a
minimum of 12 members, but no more than 21 members, consisting of the following
members:
(1) at least one representative, who
shall cochair the working group, from the Center for Holocaust and Genocide
Studies;
(2) at least one representative, who
shall cochair the working group, with expertise in training middle and high
school teachers in Holocaust and other genocide education;
(3) at least one representative from
the Tribal Nations Education Committee;
(4) at least one representative from a
Minnesota college or university with academic expertise in the genocide of
Indigenous Peoples in Minnesota or in the Americas and throughout the world;
(5) at least one additional
representative from a Minnesota college or university other than the Center for
Holocaust and Genocide Studies with academic expertise in the Holocaust and
genocide studies;
(6) at least one representative
from a Minnesota teacher licensure program with expertise in the Holocaust,
genocide of Indigenous Peoples, and other genocide studies;
(7) at least three representatives from
Minnesota-based nonprofit organizations, community groups, sovereign nations,
or institutions of higher education whose missions include educating about and
honoring the victims and survivors of displacement, genocide, and mass
violence;
(8) at least one public middle or high
school social studies teacher with experience teaching the Holocaust, genocide
of Indigenous Peoples, or other genocides in the classroom;
(9) at least one public middle or high
school English language arts teacher with experience teaching the Holocaust,
genocide of Indigenous Peoples, or other genocides in the classroom; and
(10) at least one public middle or high
school student with a demonstrated interest in learning about the Holocaust,
genocide of Indigenous Peoples, or other genocides.
(c) At the discretion of the
commissioner and in consultation with the working group cochairs, the working
group may include additional experts in the fields of Holocaust and genocide
studies, genocide of Indigenous Peoples or other genocides, Minnesota history,
social studies education, or English language arts education, and community
members with a particular interest in education on the Holocaust, genocide of
Indigenous Peoples, and other genocides.
Subd. 2. Working
group duties. (a) The working
group must:
(1) advise the commissioner during the
development of the social studies glossary regarding the definitions of
"Holocaust," "genocide," and "incidents of mass violence";
(2) identify professional learning
opportunities for teachers and public school district staff, including
opportunities for continuing education to facilitate implementation of
education requirements under Minnesota Statutes, section 120B.252;
(3) identify training materials,
strategies, skills, content, and resources for teachers and public school
district staff to successfully implement the education requirements under
Minnesota Statutes, section 120B.252;
(4) develop model lesson plans that
teachers and public school district staff may use to successfully implement the
education requirements under Minnesota Statutes, section 120B.252;
(5) create a work plan that outlines the
timeline to fulfill the duties of the working group under this subdivision;
(6) provide to the commissioner of
education a list of recommended professional learning opportunities, resources,
strategies, skills, content, model lesson plans, and other materials developed
under this subdivision by May 1, 2025;
(7) coordinate with the commissioner to
update the material and resources. The
commissioner must make all reasonable efforts to make the recommended materials
publicly available on the department's website by September 1, 2025, and
in coordination with the working group, must update the materials and
resources; and
(8) by November 15, 2025, submit to the
chairs and ranking minority members of the committees of the senate and the
house of representatives with primary jurisdiction over kindergarten through
grade 12 education policy and finance a report containing a list of resources
and materials provided to the commissioner of education for the commissioner to
make available to public school districts implementing requirements for
education on the Holocaust, genocide of Indigenous Peoples, and other
genocides.
(b) The working group may:
(1) conduct a survey of the current
state of education on the Holocaust, genocide of Indigenous Peoples, and other
genocides in Minnesota public school districts with a focus on teacher
preparedness, access and utilization of resources, and additional surveys of
the state of education on the Holocaust, genocide of Indigenous Peoples, and
other genocides following the conclusion of the 2024-2025 school year;
(2) carry out any other tasks that it
considers pertinent to support the ability of teachers and public school
district staff to facilitate the successful implementation of education
requirements under Minnesota Statutes, section 120B.252; and
(3) apply for and accept grants and
receive gifts, donations, and other financial support from private sources for
the purposes of carrying out its work under this section.
Subd. 3. Working
group meetings. The working
group must convene on at least a bimonthly basis and must hold the first
meeting no later than September 1, 2024.
Subd. 4. Administration. The commissioner must provide meeting
space and technical assistance for the working group.
Subd. 5. Expiration. This section expires November 15,
2025, or the date upon which the working group report required under
subdivision 2 is submitted to the legislature, whichever is later.
EFFECTIVE
DATE. This section is
effective July 1, 2023.
Sec. 64. APPROPRIATIONS.
Subdivision 1. Department
of Education. The sums indicated
in this section are appropriated from the general fund to the Department of
Education for the fiscal years designated.
Subd. 2. Achievement
and integration aid. (a) For
achievement and integration aid under Minnesota Statutes, section 124D.862:
|
|
$83,330,000 |
.
. . . . |
2024
|
|
|
$84,232,000 |
.
. . . . |
2025
|
(b) The 2024 appropriation includes
$8,172,000 for 2023 and $75,158,000 for 2024.
(c) The 2025 appropriation includes
$8,350,000 for 2024 and $75,882,000 for 2025.
Subd. 3. Alliance
of Chicanos, Hispanics, and Latin Americans. (a) For a grant to the Alliance of
Chicanos, Hispanics, and Latin Americans (ACHLA) for the Juntos Club to support
English language learners, low-income students, migrant students, and Latinx
students with improving English and math proficiency:
|
|
$300,000 |
.
. . . . |
2024
|
|
|
$200,000 |
.
. . . . |
2025
|
(b) The base for fiscal year 2026 and
later is $0.
Subd. 4. Alternative
programs. (a) For a grant to
the Minnesota Association of Alternative Programs STARS (Success, Teamwork,
Achievement, Recognition, and Self-Esteem) program to help students in
alternative programs develop employment, academic, and social skills and
support student participation in trainings and conferences:
|
|
$50,000 |
. .
. . . |
2024
|
(b) Up to three percent of the
appropriation is available for grant administration.
Subd. 5. BARR
Center. (a) For grants to the
Building Assets, Reducing Risks (BARR) Center, to deliver an evidence-based,
research-validated program to schools:
|
|
$5,000,000 |
. .
. . . |
2024
|
(b) Consistent with Minnesota Statutes,
section 127A.20, the BARR Center must apply for the grants in the form and
manner specified by the commissioner of education. The BARR Center must deliver an evidence-based,
research-validated program that provides school coaching support, professional
development, and curriculum and resources over a three-year period to each
qualifying school site.
(c) The BARR Center must select at least
18 schools to participate in the program.
The schools must be geographically balanced among urban, suburban, and
rural schools, and serve high concentrations of students in poverty or high
concentrations of underrepresented students, including students who are from
Black, Indigenous, and People of Color communities.
(d) The grants to the BARR Center must
be directed toward:
(1) improving student social and
emotional skills and engagement in school;
(2) increasing opportunity and academic
achievement for students of color and those experiencing poverty;
(3) improving teacher satisfaction and
effectiveness; and
(4) increasing the number of students who earn a high school diploma.
(e) Up to three percent of the
appropriation is available for grant administration.
(f) This is a onetime appropriation and
is available until June 30, 2026.
Subd. 6. Charter
school building lease aid. (a)
For building lease aid under Minnesota Statutes, section 124E.22:
|
|
$94,320,000 |
. .
. . . |
2024
|
|
|
$98,166,000 |
. .
. . . |
2025
|
(b) The 2024 appropriation includes
$9,047,000 for 2023 and $85,273,000 for 2024.
(c) The 2025 appropriation includes
$9,474,000 for 2024 and $88,692,000 for 2025.
Subd. 7. College
entrance examination reimbursement. (a)
To reimburse districts for the costs of college entrance examination fees for
students who are eligible for free or reduced-price meals who take the ACT or
SAT test under Minnesota Statutes, section 120B.30, subdivision 1, paragraph
(e):
|
|
$1,011,000 |
. .
. . . |
2024
|
|
|
$1,011,000 |
.
. . . . |
2025
|
(b) Any balance in the first
year does not cancel but is available in the second year.
Subd. 8. COMPASS
and MTSS. (a) To support the
development and implementation of the MTSS framework and the Collaborative
Minnesota Partnerships to Advance Student Success (COMPASS) school improvement
model:
|
|
$13,500,000
|
.
. . . . |
2024
|
|
|
$13,500,000 |
.
. . . . |
2025
|
(b) Of this amount, $5,000,000 each
year is to support implementation of MTSS and COMPASS. Funds must be used to support increased
capacity at the Department of Education and the Minnesota Service Cooperatives
for implementation supports.
(c) Of this amount, $5,000,000 each
year is reserved for grants to school districts, charter schools, and
cooperative units as defined in Minnesota Statutes, section 123A.24,
subdivision 2, for implementation of MTSS, including: hiring local MTSS coordinators; deferring
costs for personnel to participate in cohort activities and professional
learning; and piloting a Department of Education One Plan, the consolidation of
multiple reporting structures to streamline various applications, reports, and
submissions by school districts and charter schools. Up to five percent of this amount is
available for program and grant administration.
(d) Of this amount, $3,000,000 each
year must be used to develop a regional network focusing on mathematics to
provide dedicated mathematics trainers and coaches to train regional support
staff from the Minnesota Service Cooperatives to support school leaders and
teachers to implement evidence-based instructional strategies in mathematics. Funds may also be used to host an annual
Mathematics Standards-Based Instructional Institute.
(e) Of this amount, $500,000 each year
is for the University of Minnesota Center for Applied Research and Educational
Improvement to support implementation and evaluation of the MTSS framework.
(f) Support for school districts,
charter schools, and cooperative units under this subdivision may include but
is not limited to:
(1) partnering with the Minnesota
Service Cooperatives to support districts in implementing COMPASS to support
schools in the areas of literacy, math, social-emotional learning, and mental
health using the MTSS framework;
(2) providing support to districts and
charter schools identified under Minnesota Statutes, section 120B.11;
(3) providing support to districts and
charter schools in streamlining various applications, reports, and submissions
to the Department of Education through One Plan;
(4) providing training, guidance, and
implementation resources for MTSS, including a universal screening process
approved by the Department of Education to identify students who may be at risk
of experiencing academic, behavioral, and social-emotional development
difficulties;
(5) providing guidance to convene
school-based teams to analyze data provided by screenings and resources for
related identification, instruction, and intervention methods;
(6) dyslexia screening and intervention
that are evidence-based;
(7) requiring school districts and
charter schools to provide parents of students identified in screenings with
notice of screening findings and related support information;
(8) requiring districts and
charter schools to provide at-risk students with interventions and to monitor
the effectiveness of these interventions and student progress; and
(9) developing and annually reporting
findings regarding the implementation of MTSS.
(g) Any balance in the first year does
not cancel but is available in the second year.
Subd. 9. Computer
science education advancement. (a)
For computer science advancement:
|
|
$500,000 |
. .
. . . |
2024
|
|
|
$500,000 |
. .
. . . |
2025
|
(b) Of this amount, $150,000 is for the
computer science supervisor.
(c) Eligible uses of the appropriation
include expenses related to the implementation of article 2, section 61, and
expenses related to the development, advancement, and promotion of kindergarten
through grade 12 computer science education.
(d) Any balance in the first year does
not cancel and is available in the second year.
Subd. 10. Concurrent
enrollment aid. (a) For
concurrent enrollment aid under Minnesota Statutes, section 124D.091:
|
|
$4,000,000 |
. .
. . . |
2024
|
|
|
$4,000,000 |
. .
. . . |
2025
|
(b) If the appropriation is
insufficient, the commissioner must proportionately reduce the aid payment to
each school district.
(c) Any balance in the first year does
not cancel but is available in the second year.
Subd. 11. Early
childhood literacy programs. (a)
For early childhood literacy programs under Minnesota Statutes, section
119A.50, subdivision 3:
|
|
$7,950,000 |
. .
. . . |
2024
|
|
|
$7,950,000 |
. .
. . . |
2025
|
(b) Up to $7,950,000 each year is for
leveraging federal and private funding to support AmeriCorps members serving in
the Minnesota reading corps program established by ServeMinnesota, including
costs associated with training and teaching early literacy skills to children
ages three through grade 3 and evaluating the impact of the program under
Minnesota Statutes, sections 124D.38, subdivision 2, and 124D.42, subdivision
6.
(c) Any balance in the first year does
not cancel but is available in the second year.
Subd. 12. Educational
outcomes and accountability pilot program.
(a) For a grant to Pillsbury United Communities to implement a
framework to improve educational outcomes and accountability in accordance with
article 2, section 62:
|
|
$150,000 |
. .
. . . |
2024
|
|
|
$150,000 |
. .
. . . |
2025
|
(b) The department may retain up to five
percent of the appropriation to administer the grant.
(c) This is a onetime
appropriation.
(d) The appropriation is available
until June 30, 2026.
Subd. 13. Ethnic
studies community consultation. To
consult with community members throughout Minnesota on the development of
ethnic studies curricula, resources, and implementation support:
|
|
$150,000 |
.
. . . . |
2024
|
|
|
$150,000 |
.
. . . . |
2025
|
Subd. 14. Ethnic
studies school grants. (a)
For competitive grants to school districts and charter schools to develop,
evaluate, and implement ethnic studies courses:
|
|
$700,000 |
.
. . . . |
2024
|
|
|
$700,000 |
.
. . . . |
2025
|
(b) The commissioner must consult with
the Ethnic Studies Working Group to develop criteria for the grants.
(c) Up to five percent of the
appropriation is available for grant administration.
Subd. 15. Examination
fees; teacher training and support programs. (a) For students' advanced placement
and international baccalaureate examination fees under Minnesota Statutes,
section 120B.13, subdivision 3, and the training and related costs for teachers
and other interested educators under Minnesota Statutes, section 120B.13,
subdivision 1:
|
|
$4,500,000 |
.
. . . . |
2024
|
|
|
$4,500,000 |
.
. . . . |
2025
|
(b) The advanced placement program
shall receive 75 percent of the appropriation each year and the international
baccalaureate program shall receive 25 percent of the appropriation each year. The department, in consultation with
representatives of the advanced placement and international baccalaureate
programs selected by the Advanced Placement Advisory Council and International
Baccalaureate Minnesota, respectively, shall determine the amounts of the
expenditures each year for examination fees and training and support programs
for each program.
(c) Notwithstanding Minnesota Statutes,
section 120B.13, subdivision 1, at least $500,000 each year is for teachers to
attend subject matter summer training programs and follow-up support workshops
approved by the advanced placement or international baccalaureate programs. The amount of the subsidy for each teacher
attending an advanced placement or international baccalaureate summer training
program or workshop shall be the same. The
commissioner shall determine the payment process and the amount of the subsidy.
(d) The commissioner shall pay all
examination fees for all students of low-income families under Minnesota
Statutes, section 120B.13, subdivision 3, and to the extent of available
appropriations, shall also pay examination fees for students sitting for an
advanced placement examination, international baccalaureate examination, or
both.
(e) Any balance in the first year does
not cancel but is available in the second year.
Subd. 16. Full-service
community schools. (a) For
grants to plan or expand the full-service community schools program under
Minnesota Statutes, section 124D.231:
|
|
$7,500,000 |
.
. . . . |
2024
|
|
|
$7,500,000 |
.
. . . . |
2025
|
(b) Of this amount, priority must be given to programs in the following order:
(1) current grant recipients issued
under Minnesota Statutes, section 124D.231;
(2) schools identified as
low-performing under the federal Every Student Succeeds Act; and
(3) any other applicants.
(c) Up to two percent of the
appropriation is available for grant administration.
(d) The base for fiscal year 2026 and
later is $5,000,000.
Subd. 17. Girls
Taking Action. (a) For a
grant to the Girls Taking Action program to enable Girls Taking Action to
continue to provide and expand metropolitan-area school and community-based
programs that encourage and support low-income girls of color:
|
|
$1,500,000 |
.
. . . . |
2024
|
(b) Of the appropriated funds,
$1,000,000 must be used to sustain 16 current Girls Taking Action program
sites, and to expand to an additional four sites in inner-ring suburban
communities with growing ethnic diversity among students.
(c) Of the appropriated funds, $500,000
must be used to sustain three community-based Girls Taking Action programs for
Asian, East African, and Latina girls in Hennepin, Ramsey, and Dakota Counties,
and to expand an additional two community-based programs in these counties to
reach Native American and African American girls.
(d) Girls Taking Action programs
supported by these funds must include programs focused on:
(1) increasing academic performance,
high school graduation rates, and enrollment in postsecondary education for
girls faced with social, demographic, racial, and economic barriers and
challenges;
(2) increasing mentoring opportunities,
literacy, career development, positive community engagement, and the number of
qualified female employees of color in the workforce pipeline, particularly in
science, technology, engineering, and mathematics fields;
(3) providing coaching, mentoring,
health and wellness counseling, resources to girls whose experience with sexual
assault has negatively impacted their academics and behavior, and culturally
sensitive therapy resources and counseling services to sexual assault victims;
and
(4) increasing financial literacy and
knowledge of options for financing college or postsecondary education.
(e) Up to three percent of the
appropriation is available for grant administration.
(f)
This is a onetime appropriation. Any
balance in the first year does not cancel but is available in the second year.
Subd. 18. Grants
to increase science, technology, engineering, and math course offerings. (a) For grants to schools to encourage
low-income and other underserved students to participate in advanced placement
and international baccalaureate programs according to Minnesota Statutes,
section 120B.132:
|
|
$250,000 |
.
. . . . |
2024
|
|
|
$250,000 |
.
. . . . |
2025
|
(b) To the extent practicable,
the commissioner must distribute grant funds equitably among geographic areas
in the state, including schools located in greater Minnesota and in the
seven-county metropolitan area.
(c) Any balance in the first year does
not cancel but is available in the second year.
Subd. 19. Implementation
of education on the Holocaust, genocide of Indigenous Peoples, and other
genocides. For implementation
of requirements for education on the Holocaust, genocide of Indigenous Peoples,
and other genocides under Minnesota Statutes, section 120B.252:
|
|
$75,000 |
. .
. . . |
2024
|
|
|
$75,000 |
. .
. . . |
2025
|
Subd. 20. Innovation
service learning grants. (a)
For innovative service-learning grants under article 2, section 59:
|
|
$1,000,000 |
. .
. . . |
2024
|
|
|
$0 |
. .
. . . |
2025
|
(b) Any balance in the first year does
not cancel but is available in the second year.
(c) The base for fiscal year 2026 and
later is $0.
Subd. 21. Interdistrict
desegregation or integration transportation grants. For interdistrict desegregation or
integration transportation grants under Minnesota Statutes, section 124D.87:
|
|
$14,992,000 |
. .
. . . |
2024
|
|
|
$16,609,000 |
. .
. . . |
2025
|
Subd. 22. Junior
Achievement North. (a) For a
grant to Junior Achievement North to expand access to its financial literacy
programming for elementary and secondary students:
|
|
$500,000 |
. .
. . . |
2024
|
|
|
$500,000 |
. .
. . . |
2025
|
(b) The grant awarded under this section
must be consistent with the procedures for evidence-based education grants
under Minnesota Statutes, section 127A.20.
(c) Junior Achievement North must use
the grant proceeds to expand the number of students who participate in Junior Achievement
North's financial literacy programs, career readiness programs, and
entrepreneurship programs with a focus on expanding opportunities for
underserved students. To the extent
practicable, programming must be provided in an equitable manner to students in
greater Minnesota.
(d) In addition to other reporting
requirements, and subject to Minnesota Statutes, section 3.195, by February 1
of each year Junior Achievement North receives an appropriation, Junior
Achievement North must report to the chairs and ranking minority members of the
legislative committees with jurisdiction over education on activities funded by
this appropriation. The report must
include but is not limited to: information
about the operations of Junior Achievement North, including its most recent
audit; a description of the financial literacy, career readiness, and
entrepreneurship programs offered during the year; participation and
demographic information about the students and schools served by the program;
and a description of partnerships with other financial literacy organizations.
(e) The base for fiscal year 2026 and
later is $0.
Subd. 23. Literacy
incentive aid. (a) For
literacy incentive aid under Minnesota Statutes, section 124D.98:
|
|
$42,234,000 |
.
. . . . |
2024
|
|
|
$42,502,000 |
.
. . . . |
2025
|
(b) The 2024 appropriation includes
$4,606,000 for 2023 and $37,628,000 for 2024.
(c) The 2025 appropriation includes
$4,180,000 for 2024 and $38,322,000 for 2025.
Subd. 24. Minnesota
Alliance of Boys and Girls Clubs. (a)
For a grant to the Minnesota Alliance of Boys and Girls Clubs to support the
establishment and expansion of Boys and Girls Clubs in Minnesota beyond
existing service areas to support after-school and summer programming that
address learning loss:
|
|
$2,500,000 |
.
. . . . |
2024
|
|
|
$2,500,000 |
.
. . . . |
2025
|
(b) The grant recipient must take into
consideration multiple factors, including need, feasibility, and community
engagement when determining where to establish and expand Boys and Girls Clubs programming. Need may be analyzed using available data
from the department. Feasibility must be
determined by proximity to supporting organizations, staffing capabilities, and
access to adequate facilities. The grant
recipient must take into consideration community engagement and interest in
programming as important elements for the desired sustainability of programming
beyond the project's funding period.
(c) To receive a grant under this
section, the Minnesota Alliance of Boys and Girls Clubs must receive a 25 percent
match from nonstate funds.
(d) Up to three percent of the
appropriation is available for grant administration.
(e) This is a onetime appropriation.
Subd. 25. Minnesota
Center for the Book programming. (a)
For grants to the entity designated by the Library of Congress as the Minnesota
Center for the Book to provide statewide programming related to the Minnesota
Book Awards and for additional programming throughout the state related to the
Center for the Book designation:
|
|
$200,000 |
.
. . . . |
2024
|
|
|
$200,000 |
.
. . . . |
2025
|
(b) Up to three percent of the
appropriation is available for grant administration.
Subd. 26. Minnesota
Council on Economic Education. (a)
For a grant to the Minnesota Council on Economic Education:
|
|
$200,000 |
.
. . . . |
2024
|
|
|
$200,000 |
.
. . . . |
2025
|
(b) The grant must be used to:
(1) provide professional development to
kindergarten through grade 12 teachers implementing state graduation standards
in learning areas related to economic education; and
(2) support the
direct-to-student ancillary economic and personal finance programs that
teachers supervise and coach.
(c) By February 15 of each year
following the receipt of a grant, the Minnesota Council on Economic Education
must report to the commissioner of education the number and type of in-person
and online teacher professional development opportunities provided by the
Minnesota Council on Economic Education or its affiliated state centers. The report must include a description of the
content, length, and location of the programs; the number of preservice and
licensed teachers receiving professional development through each of these
opportunities; and summaries of evaluations of teacher professional
opportunities.
(d) The Department of Education must pay
the full amount of the grant to the Minnesota Council on Economic Education by
August 15 of each fiscal year for which the grant is appropriated. The Minnesota Council on Economic Education
must submit its fiscal reporting in the form and manner specified by the
commissioner. The commissioner may
request additional information as necessary.
(e) Any balance in the first year does
not cancel but is available in the second year.
(f) The base for fiscal year 2026 and
later is $0.
Subd. 27. Minnesota
Independence College and Community. (a)
For transfer to the Office of Higher Education for grants to Minnesota
Independence College and Community for tuition reduction and institutional
support:
|
|
$625,000 |
. .
. . . |
2024
|
|
|
$625,000 |
. .
. . . |
2025
|
(b) Any balance in the first year does
not cancel but is available in the second year.
(c) By January 15 of each year,
Minnesota Independence College and Community must submit a report detailing
expenditures, activities, and outcomes to the commissioner and the chairs and
ranking minority members of the legislative committees with primary jurisdiction
over kindergarten through grade 12 education.
Subd. 28. Minnesota
math corps. (a) For the
Minnesota math corps program under Minnesota Statutes, section 124D.42,
subdivision 9:
|
|
$1,000,000 |
. .
. . . |
2024
|
|
|
$1,000,000 |
. .
. . . |
2025
|
(b) Any balance in the first year does
not cancel but is available in the second year.
Subd. 29. Minnesota
Principals Academy. (a) For grants
to the University of Minnesota College of Education and Human Development for
the operation of the Minnesota Principals Academy:
|
|
$200,000 |
. .
. . . |
2024
|
|
|
$200,000 |
. .
. . . |
2025
|
(b) Of these amounts, $50,000 must be
used to pay the costs of attendance for principals and school leaders from
schools identified for intervention under the state's accountability system as
implemented to comply with the federal Every Student Succeeds Act. To the extent funds are available, the
Department of Education is encouraged to use up to $200,000 of federal Title II
funds to support additional participation in the Principals Academy by
principals and school leaders from schools identified for intervention under
the state's accountability system as implemented to comply with the federal
Every Student Succeeds Act.
(c) Any balance in the first
year does not cancel but is available in the second year.
Subd. 30. Museums
and education centers. (a)
For grants to museums and education centers:
|
|
$1,241,000 |
.
. . . . |
2024
|
|
|
$1,241,000 |
.
. . . . |
2025
|
(b) $500,000 each year is for the
Minnesota Children's Museum.
(c) $50,000 each year is for the
Children's Museum of Rochester.
(d) $41,000 each year is for the
Minnesota Academy of Science.
(e) $100,000 each year is for The
Bakken Museum, Minneapolis.
(f) $50,000 each year is for the
Headwaters Science Center.
(g) $50,000 each year is for The Works
Museum, Bloomington.
(h) $50,000 each year is for the
WonderTrek Children's Museum, Brainerd-Baxter.
(i) $50,000 each year is for the Otter
Cove Children's Museum, Fergus Falls.
(j) $50,000 each year is for the
Children's Discovery Museum, Grand Rapids.
(k) $50,000 each year is for the Wheel
and Cog Children's Museum, Hutchinson.
(l) $50,000 each year is for the
Village Children's Museum, Willmar.
(m) $50,000 each year is for the Duluth
Children's Museum, Duluth.
(n) $50,000 each year is for the
Children's Museum of Southern Minnesota, Mankato.
(o) $50,000 each year is for the Great
River Children's Museum, St. Cloud.
(p) $50,000 each year is for the
Children's Discovery Museum, Breckenridge.
(q) A recipient of a grant under this
subdivision must use the funds to encourage and increase access for
historically underserved communities.
(r) Up to three percent of the
appropriation is available for grant administration.
(s) Any balance in the first year does
not cancel but is available in the second year.
(t) The base for fiscal year 2026 and
later is $1,791,000. Of this amount,
$691,000 is for the museums and amounts indicated in paragraphs (b) to (e),
$60,000 is for the museum in paragraph (f), $600,000 is for the museums in
paragraphs (g) to (l) in the amount of $100,000 per museum, and $440,000 is for
the museums in paragraphs (m) to (p) in the amount of $110,000 per museum.
Subd. 31. Nonexclusionary
discipline. (a) For grants to
school districts and charter schools to provide training for school staff on
nonexclusionary disciplinary practices:
|
|
$1,750,000 |
. .
. . . |
2024
|
|
|
$1,750,000 |
. .
. . . |
2025
|
(b) Grants are to develop training and
to work with schools to train staff on nonexclusionary disciplinary practices
that maintain the respect, trust, and attention of students and help keep students
in classrooms. These funds may also be
used for grant administration.
(c) Eligible grantees include school
districts, charter schools, intermediate school districts, and cooperative
units as defined in section 123A.24, subdivision 2.
(d) Up to five percent of the
appropriation is available for grant administration.
Subd. 32. Online
music instruction grant. (a)
For a grant to MacPhail Center for Music for the online music instruction
program:
|
|
$300,000 |
. .
. . . |
2024
|
|
|
$0 |
. .
. . . |
2025
|
(b) The MacPhail Center for Music must
use the grant funds received under this subdivision to:
(1) partner with schools and early
childhood centers to provide online music instruction to students and children
for the purpose of increasing student self-confidence, providing students with
a sense of community, and reducing individual stress. In applying for the grant, MacPhail Center
for Music must commit to providing at least a 30 percent match of the
funds allocated. MacPhail Center for
Music must also include in the application the measurable outcomes the
applicant intends to accomplish with the grant funds;
(2) partner with schools or early
childhood centers that are designated Title I schools or centers or are located
in rural Minnesota, and may use the funds in consultation with the music or
early childhood educators in each school or early childhood center to provide
individual or small group music instruction, sectional ensembles or other group
music activities, music workshops, or early childhood music activities. At least half of the online music programs
must be in partnership with schools or early childhood centers located in rural
Minnesota. MacPhail Center for Music may
use the funds awarded to supplement or enhance an existing online music program
within a school or early childhood center that meets the criteria described in
this clause; and
(3) contract with a third-party entity
to evaluate the success of the online music program. The evaluation must include interviews with
the music educators and students at the schools and early childhood centers
where an online music program was established.
The results of the evaluation must be submitted to the commissioner of
education and to the chairs and ranking minority members of the legislative
committees with jurisdiction over education policy and finance by December 15,
2026.
(c) Any balance in the first year does
not cancel but is available in the second year.
(d) The base for fiscal year 2026 is $0.
Subd. 33. P-TECH
schools. (a) For P-TECH
support grants under Minnesota Statutes, section 124D.093, subdivision 5:
|
|
$791,000
|
. .
. . . |
2024
|
|
|
$791,000 |
.
. . . . |
2025
|
(b) The amounts in this
subdivision are for grants, including to a public-private partnership that
includes Independent School District No. 535, Rochester.
(c) Any balance in the first year does
not cancel but is available in the second year.
Subd. 34. Paraprofessional
training. (a) For
compensation associated with paid orientation and professional development for
paraprofessionals under Minnesota Statutes, section 121A.642:
|
|
$0 |
.
. . . . |
2024
|
|
|
$7,230,000 |
.
. . . . |
2025
|
(b) The 2025 appropriation includes $0
for 2024 and $7,230,000 for 2025.
Subd. 35. Recovery
program grants. (a) For
recovery program grants under Minnesota Statutes, section 124D.695:
|
|
$750,000 |
.
. . . . |
2024
|
|
|
$750,000 |
.
. . . . |
2025
|
(b) Any balance in the first year does
not cancel but is available in the second year.
Subd. 36. Sanneh
Foundation. (a) For grants to
the Sanneh Foundation:
|
|
$1,500,000 |
.
. . . . |
2024
|
|
|
$1,500,000 |
.
. . . . |
2025
|
(b) Up to three percent of the appropriation
is available for grant administration.
(c) Any balance in the first year does
not cancel but is available in the second year.
Subd. 37. ServeMinnesota
program. (a) For funding
ServeMinnesota programs under Minnesota Statutes, sections 124D.37 to 124D.45:
|
|
$900,000 |
.
. . . . |
2024
|
|
|
$900,000 |
.
. . . . |
2025
|
(b) A grantee organization may provide
health and child care coverage to the dependents of each participant enrolled
in a full-time ServeMinnesota program to the extent such coverage is not
otherwise available.
(c) Any balance in the first year does
not cancel but is available in the second year.
Subd. 38. Starbase
MN. (a) For a grant to
Starbase MN for a rigorous science, technology, engineering, and math program
providing students in grades 4 through 6 with a multisensory learning
experience and a hands-on curriculum in an aerospace environment using
state-of-the-art technology:
|
|
$500,000 |
.
. . . . |
2024
|
|
|
$500,000 |
.
. . . . |
2025
|
(b) Any balance in the first year does
not cancel but is available in the second year.
Subd. 39. Statewide
testing and reporting system. (a)
For the statewide testing and reporting system under Minnesota Statutes,
section 120B.30:
|
|
$10,892,000 |
.
. . . . |
2024
|
|
|
$10,892,000 |
.
. . . . |
2025
|
(b) Any balance in the first year does
not cancel but is available in the second year.
Subd. 40. Student
organizations. (a) For
student organizations:
|
|
$1,084,000 |
.
. . . . |
2024
|
|
|
$1,084,000 |
.
. . . . |
2025
|
(b) $68,000 each year is for student
organizations serving health occupations (HOSA).
(c) $100,000 each year is for student
organizations serving trade and industry occupations (Skills USA, secondary and
postsecondary).
(d) $122,000 each year is for student
organizations serving business occupations (BPA, secondary and postsecondary).
(e) $322,000 each year is for student
organizations serving agriculture occupations (FFA, PAS).
(f) $185,000 each year is for student
organizations serving family and consumer science occupations (FCCLA). Notwithstanding Minnesota Rules, part
3505.1000, subparts 28 and 31, the student organizations serving FCCLA shall
continue to serve students younger than grade 9.
(g) $202,000 each year is for student
organizations serving marketing occupations (DECA and DECA collegiate).
(h) $85,000 each year is for the
Minnesota Foundation for Student Organizations.
Of this amount, $30,000 each year must be used for direct support of
underserved and special student populations.
(i) Any balance in the first year does
not cancel but is available in the second year.
Subd. 41. Walkabouts
program. (a) For a grant to
the regional centers of excellence to provide an evidence‑based,
standards-aligned, kinesthetic learning platform using physical activity to
teach math, English, language arts, and literacy standards for prekindergarten
through grade 5 to improve academic performance and social-emotional learning:
|
|
$250,000 |
.
. . . . |
2024
|
|
|
$250,000 |
.
. . . . |
2025
|
(b) The regional centers of excellence
must provide the ActivEd Walkabouts program at no cost to schools. A school must apply for participation in the
program in the form and manner determined by the regional centers of excellence. To the extent practicable, the regional
centers of excellence must select schools that are identified for support under
the state accountability system and that are geographically distributed
equitably throughout the state.
(c) The base for fiscal year 2026 and
later is $0.
Sec. 65. REVISOR
INSTRUCTION.
The revisor of statutes shall renumber
each section of Minnesota Statutes listed in column A with the number listed in
column B. The revisor shall also make
necessary cross-reference changes consistent with the renumbering. The revisor shall also make any technical
language and other changes necessitated by the renumbering and cross‑reference
changes in this act.
Sec. 66. REPEALER.
Minnesota Statutes 2022, sections
120B.02, subdivision 3; 120B.35, subdivision 5; and 124D.095, subdivisions 1,
2, 3, 4, 5, 6, 7, and 8, are repealed.
ARTICLE 3
THE READ ACT
Section 1.
[120B.1117] TITLE; THE READ
ACT.
Sections 120B.1117 to 120B.124 may be
cited as the "Reading to Ensure Academic Development Act" or the
"Read Act."
Sec. 2. [120B.1118]
READ ACT DEFINITIONS.
Subdivision 1. Read
Act. For purposes of sections
120B.1117 to 120B.124, the following terms have the meanings given.
Subd. 2. CAREI. "CAREI" means the Center for
Applied Research and Educational Improvement at the University of Minnesota.
Subd. 3. District. "District" means a school
district, charter school, or cooperative unit as defined in section 123A.24,
subdivision 2.
Subd. 4. Evidence-based. "Evidence-based" means the
instruction or item described is based on reliable, trustworthy, and valid
evidence and has demonstrated a record of success in increasing students'
reading competency in the areas of phonological and phonemic awareness,
phonics, vocabulary development, reading fluency, and reading comprehension. Evidence-based literacy instruction is
explicit, systematic, and includes phonological and phonemic awareness, phonics
and decoding, spelling, fluency, vocabulary, oral language, and comprehension
that can be differentiated to meet the needs of individual students. Evidence-based instruction does not include
the three-cueing system, as defined in subdivision 16.
Subd. 5. Fluency. "Fluency" means the ability
of students to read text accurately, automatically, and with proper expression.
Subd. 6. Foundational
reading skills. "Foundational
reading skills" includes phonological and phonemic awareness, phonics and
decoding, and fluency. Foundational
reading skills appropriate to each grade level must be mastered in
kindergarten, grade 1, grade 2, and grade 3.
Struggling readers in grades 4 and above who do not demonstrate mastery
of grade-level foundational reading skills must continue to receive explicit,
systematic instruction to reach mastery.
Subd. 7. Literacy
specialist. "Literacy
specialist" means a person licensed by the Professional Educator Licensing
and Standards Board as a teacher of reading, a special education teacher, or a
kindergarten through grade 6 teacher, who has completed professional
development approved by the Department of Education in structured literacy. A literacy specialist employed by the
department under section 120B.123, subdivision 7, or by a district as a
literacy lead, is not required to complete the approved training before August
30, 2025.
Subd. 8. Literacy
lead. "Literacy
lead" means a literacy specialist with expertise in working with educators
as adult learners. A district literacy
lead must support the district's implementation of the Read Act; provide
support to school-based coaches; support the implementation of structured
literacy, interventions, curriculum delivery, and teacher training; assist with
the development of personal learning plans; and train paraprofessionals and
other support staff to support classroom literacy instruction. A literacy lead may be employed by one
district, jointly by two or more districts, or may provide services to
districts through a partnership with the regional service cooperatives or
another district.
Subd. 9. MTSS. "Multitiered system of
support" or "MTSS" means a systemic, continuous improvement
framework for ensuring positive social, emotional, behavioral, developmental,
and academic outcomes for every student.
The MTSS framework provides access to layered tiers of culturally and
linguistically responsive, evidence‑based practices and relies on the
understanding and belief that every student can learn and thrive. Through a MTSS at the core (Tier 1),
supplemental (Tier 2), and intensive (Tier 3) levels, educators provide high
quality, evidence-based instruction and intervention that is matched to a
student's needs; progress is monitored to inform instruction and set goals and
data is used for educational decision making.
Subd. 10. Oral
language. "Oral
language," also called "spoken language," includes speaking and
listening, and consists of five components:
phonology, morphology, syntax, semantics, and pragmatics.
Subd. 11. Phonemic
awareness. "Phonemic
awareness" means the ability to notice, think about, and manipulate
individual sounds in spoken syllables and words.
Subd. 12. Phonics
instruction. "Phonics
instruction" means the explicit, systematic, and direct instruction of the
relationships between letters and the sounds they represent and the application
of this knowledge in reading and spelling.
Subd. 13. Progress
monitoring. "Progress
monitoring" means using data collected to inform whether interventions are
working. Progress monitoring involves
ongoing monitoring of progress that quantifies rates of improvement and informs
instructional practice and the development of individualized programs using
state‑approved screening that is reliable and valid for the intended
purpose.
Subd. 14. Reading
comprehension. "Reading
comprehension" means a function of word recognition skills and language
comprehension skills. It is an active
process that requires intentional thinking during which meaning is constructed
through interactions between the text and reader. Comprehension skills are taught explicitly by
demonstrating, explaining, modeling, and implementing specific cognitive
strategies to help beginning readers derive meaning through intentional,
problem-solving thinking processes.
Subd. 15. Structured
literacy. "Structured
literacy" means an approach to reading instruction in which teachers
carefully structure important literacy skills, concepts, and the sequence of
instruction to facilitate children's literacy learning and progress. Structured literacy is characterized by the
provision of systematic, explicit, sequential, and diagnostic instruction in
phonemic awareness, phonics, fluency, vocabulary and oral language development,
and reading comprehension.
Subd. 16. Three-cueing
system. "Three-cueing
system," also known as "meaning structure visual (MSV)," means a
method that teaches students to use meaning, structure and syntax, and visual
cues when attempting to read an unknown word.
Subd. 17. Vocabulary
development. "Vocabulary
development" means the process of acquiring new words. A robust vocabulary improves all areas of
communication, including listening, speaking, reading, and writing. Vocabulary growth is directly related to
school achievement and is a strong predictor for reading success.
Sec. 3. Minnesota Statutes 2022, section 120B.12, is amended to read:
120B.12
READING PROFICIENTLY NO LATER THAN THE END OF GRADE 3 READ ACT GOAL
AND INTERVENTIONS.
Subdivision 1. Literacy
goal. (a) The legislature
seeks to have every child reading at or above grade level no later than the
end of grade 3, including English learners, and that teachers provide
comprehensive, scientifically based every year, beginning in
kindergarten, and to support multilingual learners and students receiving
special education services in achieving their individualized reading goals. By the 2026-2027 school year, districts must
provide evidence-based reading instruction consistent with section
122A.06, subdivision 4 through a focus on student mastery of the
foundational reading skills of phonemic awareness, phonics, and fluency, as
well as the development of oral language, vocabulary, and reading comprehension
skills. Students must receive
evidence-based instruction that is proven to effectively teach children to
read, consistent with sections 120B.1117 to 120B.124.
(b) To meet this goal, each district
must provide teachers and instructional support staff with responsibility for
teaching reading with training on evidence-based reading instruction that is
approved by the Department of Education by the deadlines provided in this
subdivision. The commissioner may grant
a district an extension to the deadlines in this paragraph. Beginning July 1, 2024, a district must
provide access to the training required under section 120B.123, subdivision 5,
to:
(1) intervention teachers working with
students in kindergarten through grade 12;
(2) all classroom teachers of students
in kindergarten through grade 3 and children in prekindergarten programs;
(3) special education teachers;
(4) curriculum directors;
(5) instructional support staff who
provide reading instruction; and
(6) employees who select literacy
instructional materials for a district.
(c) All other teachers and
instructional staff required to receive training under the Read Act must
complete the training no later than July 1, 2027.
(d) Districts are strongly
encouraged to adopt a MTSS framework. The
framework should include a process for monitoring student progress, evaluating
program fidelity, and analyzing student outcomes and needs in order to design
and implement ongoing evidenced-based instruction and interventions.
Subd. 2. Identification;
report. (a) Each school district
must identify before the end of Twice per year, each school district
must screen every student enrolled in kindergarten, grade 1, and
grade 2 all students who are not reading at grade level, and grade 3
using a screening tool approved by the Department of Education. Students identified as not reading at
grade level by the end of enrolled in kindergarten, grade 1, and
grade 2, and grade 3, including multilingual learners and students receiving
special education services, must be universally screened, in a
locally determined manner, for mastery of foundational reading skills,
including phonemic awareness, phonics, decoding, fluency, oral language, and
for characteristics of dyslexia as measured by a screening tool approved by
the Department of Education. The
screening for characteristics of dyslexia may be integrated with universal
screening for mastery of foundational skills and oral language. A district must submit data on student
performance in kindergarten, grade 1, grade 2, and grade 3 on foundational
reading skills, including phonemic awareness, phonics, decoding, fluency, and
oral language to the Department of Education in the annual local literacy plan
submission due on June 15.
(b) Students in grade 3 or higher who
demonstrate a reading difficulty to a classroom teacher grades 4 and
above, including multilingual learners and students receiving special education
services, who do not demonstrate mastery of foundational reading skills,
including phonemic awareness, phonics, decoding, fluency, and oral language,
must be screened, in a locally determined manner, using a screening
tool approved by the Department of Education for characteristics of
dyslexia, unless a different reason for the reading difficulty has been
identified, and must continue to receive evidence-based instruction,
interventions, and progress monitoring until the students achieve grade-level
proficiency. A parent, in
consultation with a teacher, may opt a student out of the literacy screener if
the parent and teacher decide that continuing to screen would not be beneficial
to the student. In such limited cases,
the student must continue to receive progress monitoring and literacy
interventions.
(c) Reading assessments screeners
in English, and in the predominant languages of district students where
practicable, must identify and evaluate students' areas of academic need
related to literacy. The district also
must monitor the progress and provide reading instruction appropriate to the
specific needs of English multilingual learners. The district must use a locally adopted
an approved, developmentally appropriate, and culturally responsive assessment
screener and annually report summary assessment screener
results to the commissioner by July 1 June 15 in the form and manner
determined by the commissioner.
(d) The district also must annually
report to the commissioner by July 1 include in its literacy plan under
subdivision 4a, a summary of the district's efforts to screen and,
identify, and provide interventions to students who demonstrate
characteristics of dyslexia using as measured by a screening tools
such as those recommended by the department's dyslexia specialist tool
approved by the Department of Education.
Districts are strongly encouraged to use the MTSS framework. With respect to students screened or
identified under paragraph (a), the report must include:
(1) a summary of the district's efforts to screen for dyslexia;
(2) the number of students universally
screened for that reporting year; and
(3) the number of students demonstrating
characteristics of dyslexia for that year.; and
(e) A student (4) an explanation
of how students identified under this subdivision must be are
provided with alternate instruction and interventions under section
125A.56, subdivision 1.
Subd. 2a. Parent
notification and involvement. A
district must administer a reading screener to students in kindergarten through
grade 3 within the first six weeks of the school year, and again within the
last six weeks of the school year.
Schools, at least annually biannually after administering each
screener, must give the parent of each student who is not reading at or
above grade level timely information about:
(1) the student's reading proficiency as
measured by a locally adopted assessment screener approved by the
Department of Education;
(2) reading-related services currently being provided to the student and the student's progress; and
(3) strategies for parents to use at home in helping their student succeed in becoming grade-level proficient in reading in English and in their native language.
A district may not use this section to deny a student's right to a special education evaluation.
Subd. 3. Intervention. (a) For each student identified under
subdivision 2, the district shall provide reading intervention to accelerate
student growth and reach the goal of reading at or above grade level by the end
of the current grade and school year. A
district is encouraged to provide reading intervention through a MTSS framework. If a student does not read at or above grade
level by the end of grade 3 the current school year, the district
must continue to provide reading intervention until the student reads at grade
level. District intervention methods
shall encourage family engagement and, where possible, collaboration with
appropriate school and community programs.
Intervention methods that specialize in evidence-based
instructional practices and measure mastery of foundational reading skills,
including phonemic awareness, phonics, decoding, fluency, and oral language. By the 2025-2026 school year, intervention
programs must be taught by an intervention teacher or special education teacher
who has successfully completed training in evidence-based reading instruction
approved by the Department of Education.
Intervention may include, but are is not
limited to, requiring student attendance in summer school,
intensified reading instruction that may require that the student be removed
from the regular classroom for part of the school day, extended-day programs,
or programs that strengthen students' cultural connections.
(b) A school district or charter
school is strongly encouraged to provide a personal learning plan for a student
who is unable to demonstrate grade-level proficiency, as measured by the
statewide reading assessment in grade 3 or a screener identified by the
Department of Education under section 120B.123. The district or charter school must determine
the format of the personal learning plan in collaboration with the student's
educators and other appropriate professionals.
The school must develop the learning plan in consultation with the
student's parent or guardian. The
personal learning plan must include targeted instruction that is
evidence-based and ongoing progress monitoring, and address knowledge gaps
and skill deficiencies through strategies such as specific exercises and
practices during and outside of the regular school day, group interventions,
periodic assessments or screeners, and reasonable timelines. The personal learning plan may include grade
retention, if it is in the student's best interest; a student may not be
retained solely due to delays in literacy or not demonstrating grade-level
proficiency. A school must maintain
and regularly update and modify the personal learning plan until the student
reads at grade level. This paragraph
does not apply to a student under an individualized education program.
Subd. 4. Staff
development. (a) A district must
provide training on evidence-based reading instruction to teachers and
instructional staff in accordance with subdivision 1, paragraph (b). The training must include teaching in the
areas of phonemic awareness, phonics, vocabulary development, reading fluency,
reading comprehension, and culturally and linguistically responsive pedagogy.
(b) Each district shall use the data under subdivision 2 to identify the staff development needs so that:
(1) elementary teachers are able to
implement comprehensive, scientifically based reading and oral language explicit,
systematic, evidence-based instruction in the five reading areas of
phonemic awareness, phonics, fluency, vocabulary, and comprehension with
emphasis on mastery of foundational reading skills as defined in section 122A.06,
subdivision 4, 120B.1118 and other literacy-related areas including
writing until the student achieves grade-level reading and writing
proficiency;
(2) elementary teachers have
sufficient training to provide comprehensive, scientifically based reading
students with evidence-based reading and oral language instruction that
meets students' developmental, linguistic, and literacy needs using the
intervention methods or programs selected by the district for the identified
students;
(3) licensed teachers employed by the district have regular opportunities to improve reading and writing instruction;
(4) licensed teachers recognize students'
diverse needs in cross-cultural settings and are able to serve the oral
language and linguistic needs of students who are English multilingual
learners by maximizing strengths in their native languages in order to
cultivate students' English language development, including oral academic
language development, and build academic literacy; and
(5) licensed teachers are well trained in culturally responsive pedagogy that enables students to master content, develop skills to access content, and build relationships.
(c) A district must provide staff in
early childhood programs sufficient training to provide children in early
childhood programs with explicit, systematic instruction in phonological and
phonemic awareness; oral language, including listening comprehension;
vocabulary; and letter-sound correspondence.
Subd. 4a. Local
literacy plan. (a) Consistent with
this section, a school district must adopt a local literacy plan to have every
child reading at or above grade level no later than the end of grade 3,
including English learners every year beginning in kindergarten and to
support multilingual learners and students receiving special education services
in achieving their individualized reading goals. A district must update and submit the plan to
the commissioner by June 15 each year.
The plan must be consistent with section 122A.06, subdivision 4 the
Read Act, and include the following:
(1) a process to assess students' foundational
reading skills, oral language, and level of reading proficiency and data
to support the effectiveness of an assessment used to screen and identify a
student's level of reading proficiency the screeners used, by school
site and grade level, under section 120B.123;
(2) a process to notify and involve parents;
(3) a description of how schools in the
district will determine the proper targeted reading instruction
that is evidence-based and includes an intervention strategy for a student
and the process for intensifying or modifying the reading strategy in order to
obtain measurable reading progress;
(4) evidence-based intervention methods
for students who are not reading at or above grade level and progress
monitoring to provide information on the effectiveness of the intervention; and
(5) identification of staff development
needs, including a program plan to meet those needs.;
(6) the curricula used by school site
and grade level;
(7) a statement of whether the district
has adopted a MTSS framework;
(8) student data using the measures of
foundational literacy skills and mastery identified by the Department of
Education for the following students:
(i) students in kindergarten through
grade 3;
(ii) students who demonstrate
characteristics of dyslexia; and
(iii) students in grades 4 to
12 who are identified as not reading at grade level; and
(9) the number of teachers and other
staff that have completed training approved by the department.
(b) The district must post its literacy plan on the official school district website and submit it to the commissioner of education using the template developed by the commissioner of education beginning June 15, 2024.
(c) By March 1, 2024, the commissioner
of education must develop a streamlined template for local literacy plans that
meets the requirements of this subdivision and requires all reading instruction
and teacher training in reading instruction to be evidence-based. The template must require a district to
report information using the student categories required in the commissioner's
report under paragraph (d). The template
must focus district resources on improving students' foundational reading
skills while reducing paperwork requirements for teachers.
(d) By December 1, 2025, the
commissioner of education must submit a report to the legislative committees
with jurisdiction over prekindergarten through grade 12 education summarizing
the local literacy plans submitted to the commissioner. The summary must include the following
information:
(1) the number of teachers and other
staff that have completed training approved by the Department of Education;
(2) by school site and grade, the
screeners used at the beginning and end of the school year and the reading
curriculum used; and
(3) by school site and grade, using the
measurements of foundational literacy skills and mastery identified by the
department, both aggregated data and disaggregated data using the student
categories under section 120B.35, subdivision 3, paragraph (a), clause (2).
Subd. 5. Commissioner
Approved screeners. The
commissioner shall must recommend to districts multiple assessment
screening tools to assist districts and teachers with identifying
students under subdivision 2 and to assess students' reading proficiency. The commissioner must identify screeners that
may be used for both purposes. A
district must administer an approved screener according to section 120B.123,
subdivision 1. The commissioner
shall also make available examples of nationally recognized and research-based
instructional methods or programs to districts to provide comprehensive,
scientifically based reading instruction and intervention under this section.
EFFECTIVE
DATE. This section is
effective July 1, 2023.
Sec. 4. Minnesota Statutes 2022, section 120B.122, subdivision 1, is amended to read:
Subdivision 1. Purpose. The department must employ a dyslexia
specialist to provide technical assistance for dyslexia and related disorders
and to serve as the primary source of information and support for schools in
addressing the needs of students with dyslexia and related disorders. The dyslexia specialist shall also act to
increase professional awareness and instructional competencies to meet the
educational needs of students with dyslexia or identified with risk
characteristics associated with dyslexia and shall develop implementation
guidance and make recommendations to the commissioner consistent with section
122A.06, subdivision 4 sections 120B.1117 to 120B.124, to be used to
assist general education teachers and special education teachers to recognize
educational needs and to improve literacy outcomes for students with dyslexia
or identified with risk characteristics associated with dyslexia, including
recommendations related to increasing the availability of online and
asynchronous professional development programs and materials.
Sec. 5. [120B.123]
READ ACT IMPLEMENTATION.
Subdivision 1. Screeners. A district must administer an approved
evidence-based reading screener to students in kindergarten through grade 3
within the first six weeks of the school year, and again within the last six
weeks of the school year. The screener
must be one of the screening tools approved by the Department of Education. A district must identify any screener it uses
in the district's annual literacy plan, and submit screening data with the
annual literacy plan by June 15.
Subd. 2. Progress
monitoring. A district must
implement progress monitoring, as defined in section 120B.1118, for a student
not reading at grade level.
Subd. 3. Curriculum. A district must use evidence-based
curriculum and intervention materials at each grade level that are designed to
ensure student mastery of phonemic awareness, phonics, vocabulary development,
reading fluency, and reading comprehension.
Starting July 1, 2023, when a district purchases new literacy
curriculum, or literacy intervention or supplementary materials, the curriculum
or materials must be evidence-based as defined in section 120B.1118.
Subd. 4. MTSS
Framework. A district is
encouraged to use a data-based decision-making process within the MTSS
framework to determine the evidence-based core reading instruction and Tier 2
or Tier 3 intervention required to meet a student's identified needs.
Subd. 5. Professional
development. A district must
provide training from a menu of approved evidence-based training programs to
all reading intervention teachers, literacy specialists, and other teachers and
staff identified in section 120B.12, subdivision 1, paragraph (b), by July 1,
2025; and by July 1, 2027, to other teachers in the district, prioritizing
teachers who work with students with disabilities, English learners, and
students who qualify for the graduation incentives program under section 124D.68. The commissioner of education may grant a
district an extension to the deadlines in this subdivision.
Subd. 6. Literacy
lead. (a) By August 30, 2025,
a district must employ or contract with a literacy lead, or be actively
supporting a designated literacy specialist through the process of becoming a
literacy lead. A board may satisfy the requirements
of this subdivision by contracting with another school board or cooperative
unit under section 123A.24 for the services of a literacy lead by August 30,
2025.
(b) A district literacy lead must
collaborate with district administrators and staff to support the district's
implementation of requirements under the Read Act.
Subd. 7. Department
of Education. (a) By July 1,
2023, the department must make available to districts a list of approved
evidence-based screeners in accordance with section 120B.12. A district must use an approved screener to
assess students' mastery of foundational reading skills in accordance with
section 120B.12.
(b) The Department of Education must
partner with CAREI as required under section 120B.124 to approve professional
development programs, subject to final determination by the department. After the implementation partnership under
section 120B.124 ends, the department must continue to regularly provide
districts with information about professional development opportunities
available throughout the state on reading instruction that is evidence-based.
(c) The department must identify
training required for a literacy lead and literacy specialist employed by a
district or Minnesota service cooperatives.
(d) The department must employ
a literacy specialist to provide support to districts implementing the Read Act
and coordinate duties assigned to the department under the Read Act. The literacy specialist must work on state
efforts to improve literacy tracking and implementation.
(e) The department must develop a
template for a local literacy plan in accordance with section 120B.12,
subdivision 4a.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 6. [120B.124]
READ ACT IMPLEMENTATION PARTNERSHIP.
Subdivision 1. Resources. The Department of Education must
partner with CAREI for two years beginning July 1, 2023, until August 30, 2025,
to support implementation of the Read Act.
The department and CAREI must jointly:
(1) identify at least five literacy
curricula and supporting materials that are evidence-based or focused on
structured literacy by January 1, 2024, and post a list of the curricula on the
department website. The list must
include curricula that use culturally and linguistically responsive materials
that reflect diverse populations and, to the extent practicable, curricula that
reflect the experiences of students from diverse backgrounds, including
multilingual learners, biliterate students, and students who are Black,
Indigenous, and People of Color. A
district is not required to use an approved curriculum, unless the curriculum
was purchased with state funds that require a curriculum to be selected from a
list of approved curricula;
(2) identify at least three professional
development programs that focus on the five pillars of literacy and the
components of structured literacy by August 15, 2023, subject to final approval
by the department. The department must
post a list of the programs on the department website. The programs may include a program offered by
CAREI. The requirements of section
16C.08 do not apply to the selection of a provider under this section;
(3) identify evidence-based literacy
intervention materials for students in kindergarten through grade 12;
(4) develop an evidence-based literacy
lead training program that trains literacy specialists throughout Minnesota to
support schools' efforts in screening, measuring growth, monitoring progress,
and implementing interventions in accordance with subdivision 1;
(5)
identify measures of foundational literacy skills and mastery that a district
must report on a local literacy plan;
(6) provide guidance to districts about
best practices in literacy instruction, and practices that are not evidence‑based;
(7) develop MTSS model plans that
districts may adopt to support efforts to screen, identify, intervene, and
monitor the progress of students not reading at grade level; and
(8) ensure that teacher professional
development options and MTSS framework trainings are geographically equitable
by supporting trainings through the regional service cooperatives.
Subd. 2. Reconsideration. The department and CAREI must provide
districts an opportunity to request that the department and CAREI add to the
list of curricula or professional development programs a specific curriculum or
professional development program. The
department must publish the request for reconsideration procedure on the
department website. A request for
reconsideration must demonstrate that the curriculum or professional
development program meets the requirements of the Read Act, is evidence-based,
and has structured literacy components; or that the screener accurately
measures literacy growth, monitors progress, and accurately assesses effective
reading, including phonemic awareness, phonics, fluency, vocabulary, and
comprehension. The department and CAREI
must review the request for reconsideration and approve or deny the request
within 60 days.
Subd. 3. Support. The department and CAREI must support
district efforts to implement the Read Act by:
(1) issuing guidance for teachers on
implementing curriculum that is evidence-based, or focused on structured
literacy;
(2) providing teachers accessible
options for evidence-based professional development focused on structured
literacy;
(3) providing districts with guidance
on adopting MTSS; and
(4) providing districts with literacy
implementation guidance and support.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 7. Minnesota Statutes 2022, section 122A.092, subdivision 5, is amended to read:
Subd. 5. Reading
strategies. (a) A teacher
preparation provider approved by the Professional Educator Licensing and
Standards Board to prepare persons for classroom teacher licensure must include
in its teacher preparation programs research-based evidence-based
best practices in reading, consistent with section 122A.06, subdivision 4
sections 120B.1117 to 120B.124, that including instruction on
phonemic awareness, phonics, vocabulary development, reading fluency, and
reading comprehension. Instruction on
reading must enable the licensure candidate to teach reading in the
candidate's content areas. Teacher
candidates must be instructed in using students' native languages as a resource
in creating effective differentiated instructional strategies for English
learners developing literacy skills. A
teacher preparation provider also must prepare early childhood and elementary
teacher candidates for Tier 3 and Tier 4 teaching licenses under sections
122A.183 and 122A.184, respectively, for the portion of the examination under
section 122A.185, subdivision 1, paragraph (c), covering assessment of reading
instruction.
(b) Board-approved teacher preparation
programs for teachers of elementary education must require instruction in
applying comprehensive, scientifically based or evidence-based, and
structured literacy reading instruction programs that:
(1) teach students to read using
foundational knowledge, practices, and strategies consistent with section
122A.06, subdivision 4 sections 120B.1117 to 120B.124, with
emphasis on mastery of foundational reading skills so that all
students achieve continuous progress in reading; and
(2) teach specialized instruction in reading strategies, interventions, and remediations that enable students of all ages and proficiency levels, including multilingual learners and students demonstrating characteristics of dyslexia, to become proficient readers.
(c) Board-approved teacher preparation programs for teachers of elementary education, early childhood education, special education, and reading intervention must include instruction on dyslexia, as defined in section 125A.01, subdivision 2. Teacher preparation programs may consult with the Department of Education, including the dyslexia specialist under section 120B.122, to develop instruction under this paragraph. Instruction on dyslexia must be modeled on practice standards of the International Dyslexia Association, and must address:
(1) the nature and symptoms of dyslexia;
(2) resources available for students who show characteristics of dyslexia;
(3) evidence-based instructional strategies for students who show characteristics of dyslexia, including the structured literacy approach; and
(4) outcomes of intervention and lack of intervention for students who show characteristics of dyslexia.
(d) Nothing in this section limits the authority of a school district to select a school's reading program or curriculum.
Sec. 8. Minnesota Statutes 2022, section 122A.187, subdivision 5, is amended to read:
Subd. 5. Reading
preparation. The Professional
Educator Licensing and Standards Board must adopt rules that require all
licensed teachers who are renewing a Tier 3 or Tier 4 teaching license under
sections 122A.183 and 122A.184, respectively, to include in the renewal
requirements further reading preparation, consistent with section 122A.06,
subdivision 4 sections 120B.1117 to 120B.124. The rules do not take effect until they are
approved by law. Teachers who do not
provide direct instruction including, at least, counselors, school
psychologists, school nurses, school social workers, audiovisual directors and
coordinators, and recreation personnel are exempt from this section.
Sec. 9. Minnesota Statutes 2022, section 124D.42, subdivision 8, is amended to read:
Subd. 8. Minnesota
reading corps program. (a) A
Minnesota reading corps program is established to provide ServeMinnesota
AmeriCorps members with a data-based problem-solving model of literacy
instruction to use in helping to train local Head Start program providers,
other prekindergarten program providers, and staff in schools with students in
kindergarten through grade 3 to evaluate and teach early literacy skills,
including comprehensive, scientifically based reading evidence-based
literacy instruction under section 122A.06, subdivision 4 sections
120B.1117 to 120B.124, to children age 3 to grade 3 and interventions
for children in kindergarten to grade 12.
(b) Literacy programs under this subdivision must comply with the provisions governing literacy program goals and data use under section 119A.50, subdivision 3, paragraph (b).
(c) The commission must submit a biennial report to the committees of the legislature with jurisdiction over kindergarten through grade 12 education that records and evaluates program data to determine the efficacy of the programs under this subdivision.
Sec. 10. Minnesota Statutes 2022, section 124D.98, is amended by adding a subdivision to read:
Subd. 5. Literacy
incentive aid uses. A school
district must use its literacy incentive aid to support implementation of
evidence-based reading instruction. The
following are eligible uses of literacy incentive aid:
(1) training for kindergarten through
grade 3 teachers, early childhood educators, special education teachers,
reading intervention teachers working with students in kindergarten through
grade 12, curriculum directors, and instructional support staff that provide
reading instruction, on using evidence-based screening and progress monitoring
tools;
(2) evidence-based training using a
training program approved by the Department of Education;
(3) employing or contracting with a
literacy lead, as defined in section 120B.1118;
(4) materials, training, and ongoing
coaching to ensure reading interventions under section 125A.56, subdivision 1,
are evidence-based; and
(5) costs of substitute teachers to
allow teachers to complete required training during the teachers' contract day.
EFFECTIVE
DATE. This section is
effective July 1, 2023.
Sec. 11. APPROPRIATIONS;
READ ACT.
Subdivision 1. Department
of Education. The sums
indicated in this section are appropriated from the general fund to the
Department of Education for the fiscal years designated.
Subd. 2. CAREI. (a) To contract with the Center for
Applied Research and Educational Improvement at the University of Minnesota for
the Read Act implementation partnership under section 120B.124:
|
|
$4,200,000 |
.
. . . . |
2024
|
|
|
$0 |
.
. . . . |
2025
|
(b) This appropriation is available
until June 30, 2026.
(c) The base for fiscal year 2026 and
later is $0.
Subd. 3. Read
Act curriculum and intervention materials reimbursement. (a) To reimburse school districts,
charter schools, and cooperative units for evidence-based literacy supports for
children in prekindergarten through grade 12 based on structured literacy:
|
|
$35,000,000 |
.
. . . . |
2024
|
(b) The commissioner must use this
appropriation to reimburse school districts, charter schools, and cooperatives
for approved evidence-based structured literacy curriculum and supporting
materials, and intervention materials purchased after July 1, 2021. An applicant must apply for the reimbursement
in the form and manner determined by the commissioner.
(c) The commissioner must report to the
legislative committees with jurisdiction over kindergarten through grade 12
education the districts, charter schools, and cooperative units that receive
literacy grants and the amounts of each grant, by January 15, 2025, according
to Minnesota Statutes, section 3.195.
(d) A school district, charter school,
or cooperative unit must purchase curriculum and instructional materials that
reflect diverse populations.
(e) Of this amount, up to $250,000 is
available for grant administration.
(f) This is a onetime appropriation and
is available until June 30, 2028.
Subd. 4. Read
Act professional development. (a)
For evidence-based training on structured literacy for teachers working in
school districts, charter schools, and cooperatives:
|
|
$34,950,000 |
.
. . . . |
2024
|
|
|
$0 |
.
. . . . |
2025
|
(b) Of the amount in paragraph (a),
$18,000,000 is for regional literacy networks and $16,700,000 is for statewide
training. The department must use the
funding to develop regional literacy networks as a partnership between the
department and the Minnesota service cooperatives, and to administer statewide
training based in structured literacy to be offered free to school districts
and charter schools and facilitated by the regional literacy networks and the
department. The regional literacy
networks must focus on implementing comprehensive literacy reform efforts based
on structured literacy. Each regional
literacy network must add a literacy lead position and establish a team of
trained literacy coaches to facilitate evidence-based structured literacy
training opportunities and ongoing supports to school districts and charter
schools in each of their regions.
(c) Of the amount in paragraph
(a), $250,000 is for administration.
(d) If funds remain unspent on July 1,
2026, the commissioner must expand eligibility for approved training to include
principals and other district, charter school, or cooperative administrators.
(e) The commissioner must report to the
legislative committees with jurisdiction over kindergarten through grade 12
education the number of teachers from each district who received approved
structured literacy training using funds under this subdivision, and the
amounts awarded to districts, charter schools, or cooperatives.
(f) The regional literacy networks and
staff at the Department of Education must provide ongoing support to school
districts, charter schools, and cooperatives implementing evidence-based
literacy instruction.
(g) This appropriation is available
until June 30, 2028. The base for fiscal
year 2026 and later is $7,750,000, of which $6,500,000 is for the regional
literacy networks and $1,250,000 is for statewide training.
Subd. 5. Department
literacy specialist. (a) For
a full-time literacy specialist at the Department of Education:
|
|
$250,000 |
.
. . . . |
2024
|
|
|
$250,000 |
.
. . . . |
2025
|
(b) The base for fiscal year 2026 and later
is $250,000.
Sec. 12. REPEALER.
Minnesota Statutes 2022, section
122A.06, subdivision 4, is repealed.
ARTICLE 4
AMERICAN INDIAN EDUCATION
Section 1. Minnesota Statutes 2022, section 13.32, subdivision 3, is amended to read:
Subd. 3. Private data; when disclosure is permitted. Except as provided in subdivision 5, educational data is private data on individuals and shall not be disclosed except as follows:
(a) pursuant to section 13.05;
(b) pursuant to a valid court order;
(c) pursuant to a statute specifically authorizing access to the private data;
(d) to disclose information in health, including mental health, and safety emergencies pursuant to the provisions of United States Code, title 20, section 1232g(b)(1)(I), and Code of Federal Regulations, title 34, section 99.36;
(e) pursuant to the provisions of United States Code, title 20, sections 1232g(b)(1), (b)(4)(A), (b)(4)(B), (b)(1)(B), (b)(3), (b)(6), (b)(7), and (i), and Code of Federal Regulations, title 34, sections 99.31, 99.32, 99.33, 99.34, 99.35, and 99.39;
(f) to appropriate health authorities to the extent necessary to administer immunization programs and for bona fide epidemiologic investigations which the commissioner of health determines are necessary to prevent disease or disability to individuals in the public educational agency or institution in which the investigation is being conducted;
(g) when disclosure is required for institutions that participate in a program under title IV of the Higher Education Act, United States Code, title 20, section 1092;
(h) to the appropriate school district officials to the extent necessary under subdivision 6, annually to indicate the extent and content of remedial instruction, including the results of assessment testing and academic performance at a postsecondary institution during the previous academic year by a student who graduated from a Minnesota school district within two years before receiving the remedial instruction;
(i) to appropriate authorities as provided in United States Code, title 20, section 1232g(b)(1)(E)(ii), if the data concern the juvenile justice system and the ability of the system to effectively serve, prior to adjudication, the student whose records are released; provided that the authorities to whom the data are released submit a written request for the data that certifies that the data will not be disclosed to any other person except as authorized by law without the written consent of the parent of the student and the request and a record of the release are maintained in the student's file;
(j) to volunteers who are determined to have a legitimate educational interest in the data and who are conducting activities and events sponsored by or endorsed by the educational agency or institution for students or former students;
(k) to provide student recruiting information, from educational data held by colleges and universities, as required by and subject to Code of Federal Regulations, title 32, section 216;
(l) to the juvenile justice system if information about the behavior of a student who poses a risk of harm is reasonably necessary to protect the health or safety of the student or other individuals;
(m) with respect to Social Security numbers of students in the adult basic education system, to Minnesota State Colleges and Universities and the Department of Employment and Economic Development for the purpose and in the manner described in section 124D.52, subdivision 7;
(n) to the commissioner of education for purposes of an assessment or investigation of a report of alleged maltreatment of a student as mandated by chapter 260E. Upon request by the commissioner of education, data that are relevant to a report of maltreatment and are from charter school and school district investigations of alleged maltreatment of a student must be disclosed to the commissioner, including, but not limited to, the following:
(1) information regarding the student alleged to have been maltreated;
(2) information regarding student and employee witnesses;
(3) information regarding the alleged perpetrator; and
(4) what corrective or protective action was taken, if any, by the school facility in response to a report of maltreatment by an employee or agent of the school or school district;
(o) when the disclosure is of the final results of a disciplinary proceeding on a charge of a crime of violence or nonforcible sex offense to the extent authorized under United States Code, title 20, section 1232g(b)(6)(A) and (B), and Code of Federal Regulations, title 34, sections 99.31(a)(13) and (14);
(p) when the disclosure is information
provided to the institution under United States Code, title 42, section 14071,
concerning registered sex offenders to the extent authorized under United
States Code, title 20, section 1232g(b)(7); or
(q) when the disclosure is to a
parent of a student at an institution of postsecondary education regarding the
student's violation of any federal, state, or local law or of any rule or
policy of the institution, governing the use or possession of alcohol or of a
controlled substance, to the extent authorized under United States Code, title
20, section 1232g(i), and Code of Federal Regulations, title 34, section
99.31(a)(15), and provided the institution has an information release form
signed by the student authorizing disclosure to a parent. The institution must notify parents and
students about the purpose and availability of the information release forms. At a minimum, the institution must distribute
the information release forms at parent and student orientation meetings.;
or
(r) with federally recognized Tribal
Nations about Tribally enrolled or descendant students to the extent necessary
for the Tribal Nation and school district or charter school to support the
educational attainment of the student.
Sec. 2. Minnesota Statutes 2022, section 120A.42, is amended to read:
120A.42
CONDUCT OF SCHOOL ON CERTAIN HOLIDAYS.
(a) The governing body of any district may
contract with any of the teachers of the district for the conduct of schools,
and may conduct schools, on either, or any, of the following holidays, provided
that a clause to this effect is inserted in the teacher's contract: Martin Luther King's birthday, Lincoln's and
Washington's birthdays, Columbus Day Indigenous Peoples Day, and
Veterans' Day. On Martin Luther King's
birthday, Washington's birthday, Lincoln's birthday, and Veterans' Day at least
one hour of the school program must be devoted to a patriotic observance of the
day. On Indigenous Peoples Day, at
least one hour of the school program must be devoted to observance of the day. As part of its observance of Indigenous
Peoples Day, a district may provide professional development to teachers and
staff, or instruction to students, on the following topics:
(1) the history of treaties between the
United States and Indigenous peoples;
(2) the history of federal boarding
schools for Indigenous children;
(3) Indigenous languages;
(4) Indigenous traditional medicines and
cultural or spiritual practices;
(5) the sovereignty of Tribal nations;
(6) the contributions of Indigenous
people to American culture, literature, and society; and
(7) current issues affecting Indigenous
communities.
(b) A district may conduct a school program to honor Constitution Day and Citizenship Day by providing opportunities for students to learn about the principles of American democracy, the American system of government, American citizens' rights and responsibilities, American history, and American geography, symbols, and holidays. Among other activities under this paragraph, districts may administer to students the test questions United States Citizenship and Immigration Services officers pose to applicants for naturalization.
Sec. 3. Minnesota Statutes 2022, section 120B.021, subdivision 2, is amended to read:
Subd. 2. Standards development. (a) The commissioner must consider advice from at least the following stakeholders in developing statewide rigorous core academic standards in language arts, mathematics, science, social studies, including history, geography, economics, government and citizenship, and the arts:
(1) parents of school-age children and members of the public throughout the state;
(2) teachers throughout the state currently licensed and providing instruction in language arts, mathematics, science, social studies, or the arts and licensed elementary and secondary school principals throughout the state currently administering a school site;
(3) currently serving members of local school boards and charter school boards throughout the state;
(4) faculty teaching core subjects at
postsecondary institutions in Minnesota; and
(5) representatives of the Minnesota
business community.; and
(6) representatives from the Tribal
Nations Education Committee and Tribal Nations and communities in Minnesota,
including both Anishinaabe and Dakota.
(b) Academic standards must:
(1) be clear, concise, objective, measurable, and grade-level appropriate;
(2) not require a specific teaching methodology or curriculum; and
(3) be consistent with the Constitutions of the United States and the state of Minnesota.
Sec. 4. Minnesota Statutes 2022, section 120B.021, subdivision 4, as amended by Laws 2023, chapter 17, section 1, is amended to read:
Subd. 4. Revisions
and reviews required. (a) The
commissioner of education must revise and appropriately embed technology and
information literacy standards consistent with recommendations from school
media specialists into the state's academic standards and graduation
requirements and implement a ten-year cycle to review and, consistent with the
review, revise state academic standards and related benchmarks, consistent with
this subdivision. During each ten-year
review and revision cycle, the commissioner also must examine the alignment of
each required academic standard and related benchmark with the knowledge and
skills students need for career and college readiness and advanced work in the
particular subject area. The
commissioner must include the contributions of Minnesota American Indian Tribes
and communities, including urban Indigenous communities, as related to
the academic standards during the review and revision of the required academic
standards. The commissioner must
embed Indigenous education for all students consistent with recommendations
from Tribal Nations and urban Indigenous communities in Minnesota regarding the
contributions of American Indian Tribes and communities in Minnesota into the
state's academic standards during the review and revision of the required
academic standards. The recommendations
to embed Indigenous education for all students includes but is not limited to
American Indian experiences in Minnesota, including Tribal histories,
Indigenous languages, sovereignty issues, cultures, treaty rights, governments,
socioeconomic experiences, contemporary issues, and current events.
(b) The commissioner must ensure that the statewide mathematics assessments administered to students in grades 3 through 8 and 11 are aligned with the state academic standards in mathematics, consistent with section 120B.30, subdivision 1, paragraph (b). The commissioner must implement a review of the academic standards and related benchmarks in mathematics beginning in the 2021-2022 school year and every ten years thereafter.
(c) The commissioner must implement a review of the academic standards and related benchmarks in arts beginning in the 2017-2018 school year and every ten years thereafter.
(d) The commissioner must implement a review of the academic standards and related benchmarks in science beginning in the 2018-2019 school year and every ten years thereafter.
(e) The commissioner must implement a review of the academic standards and related benchmarks in language arts beginning in the 2019-2020 school year and every ten years thereafter.
(f) The commissioner must implement a review of the academic standards and related benchmarks in social studies beginning in the 2020-2021 school year and every ten years thereafter.
(g) The commissioner must implement a review of the academic standards and related benchmarks in physical education beginning in the 2026-2027 school year and every ten years thereafter.
(h) School districts and charter schools must revise and align local academic standards and high school graduation requirements in health, world languages, and career and technical education to require students to complete the revised standards beginning in a school year determined by the school district or charter school. School districts and charter schools must formally establish a periodic review cycle for the academic standards and related benchmarks in health, world languages, and career and technical education.
(i) The commissioner of education must
embed technology and information literacy standards consistent with
recommendations from school media specialists into the state's academic
standards and graduation requirements.
(j) The commissioner of education must
embed ethnic studies as related to the academic standards during the review and
revision of the required academic standards.
Sec. 5. Minnesota Statutes 2022, section 120B.021, is amended by adding a subdivision to read:
Subd. 5. Indigenous
education for all students. To
support implementation of Indigenous education for all students, the
commissioner must:
(1) provide historically accurate,
Tribally endorsed, culturally relevant, community-based, contemporary, and
developmentally appropriate resources. Resources
to implement standards must include professional development and must
demonstrate an awareness and understanding of the importance of accurate,
high-quality materials about the histories, languages, cultures, and
governments of local Tribes;
(2) provide resources to support all
students learning about the histories, languages, cultures, governments, and
experiences of their American Indian peers and neighbors. Resources to implement standards across
content areas must be developed to authentically engage all students and
support successful learning; and
(3) conduct a needs assessment by
December 31, 2023. The needs assessment
must fully inform the development of future resources for Indigenous education
for all students by using information from American Indian Tribes and
communities in Minnesota, including urban Indigenous communities, Minnesota's
Tribal Nations Education Committee, schools and districts, students, and
educational organizations. The
commissioner must submit a report on the findings and recommendations from the
needs assessment to the chairs and ranking minority members of legislative
committees with jurisdiction over education; to the American Indian Tribes and
communities in Minnesota, including urban
Indigenous communities; and to all schools and districts in the state by
February 1, 2024.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 6. [121A.041]
AMERICAN INDIAN MASCOTS PROHIBITED.
Subdivision 1. Definitions. (a) For purposes of this section, the
following terms have the meanings given.
(b) "American Indian"
means an individual who is:
(1) a member of an Indian Tribe or
band, as membership is defined by the Tribe or band, including:
(i) any Tribe or band terminated since
1940; and
(ii) any Tribe or band recognized by
the state in which the Tribe or band resides;
(2) a descendant, in the first or
second degree, of an individual described in clause (1);
(3) considered by the Secretary of the
Interior to be an Indian for any purpose;
(4) an Inuit, Aleut, or other Alaska
Native; or
(5) a member of an organized Indian
group that received a grant under the Indian Education Act of 1988 as in effect
the day preceding October 20, 1994.
(c) "District" means a
district under section 120A.05, subdivision 8.
(d) "Mascot" means any human,
nonhuman animal, or object used to represent a school and its population.
(e) "Public school" or
"school" means a public school under section 120A.05, subdivisions 9,
11, 13, and 17, and a charter school under chapter 124E.
Subd. 2. Prohibition
on American Indian mascots. (a)
Starting September 1, 2025, a public school may not have or adopt a name,
symbol, or image that depicts or refers to an American Indian Tribe,
individual, custom, or tradition to be used as a mascot, nickname, logo,
letterhead, or team name of the school, district, or school within the
district, unless the school has obtained an exemption under subdivision 3.
(b) The prohibition in paragraph (a)
does not apply to a public school located within the reservation of a federally
recognized Tribal Nation in Minnesota, where at least 95 percent of students
meet the state definition of American Indian student.
Subd. 3. Exemption. A public school may seek an exemption
to subdivision 2 by submitting a request in writing to all 11 federally
recognized Tribal Nations in Minnesota and to the Tribal Nations Education
Committee by September 1, 2023. The
exemption is denied if any of the 11 Tribal Nations or the Tribal Nations
Education Committee oppose the exemption by December 15, 2023. A public school whose request for an
exemption is denied must comply with subdivision 2 by September 1, 2025.
EFFECTIVE
DATE. This section is
effective July 1, 2023.
Sec. 7. Minnesota Statutes 2022, section 122A.63, is amended by adding a subdivision to read:
Subd. 10. Minnesota
Indian teacher training program account.
(a) An account is established in the special revenue fund known
as the "Minnesota Indian teacher training program account."
(b) Funds appropriated for the
Minnesota Indian teacher training program under this section must be
transferred to the Minnesota Indian teacher training program account in the
special revenue fund.
(c) Money in the account is
annually appropriated to the commissioner for the Minnesota Indian teacher
training program under this section. Any
returned funds are available to be regranted.
Grant recipients may apply to use grant money over a period of up to 60
months.
(d) Up to $75,000 annually is
appropriated to the commissioner for costs associated with administering and
monitoring the program under this section.
Sec. 8. Minnesota Statutes 2022, section 124D.73, is amended by adding a subdivision to read:
Subd. 5. American
Indian student. "American
Indian student" means a student who identifies as American Indian or
Alaska Native, as defined by the state on October 1 of the previous school
year.
Sec. 9. Minnesota Statutes 2022, section 124D.74, subdivision 1, is amended to read:
Subdivision 1. Program described. American Indian education programs are programs in public elementary and secondary schools, nonsectarian nonpublic, community, Tribal, charter, or alternative schools enrolling American Indian children designed to:
(1) support postsecondary preparation for American Indian pupils;
(2) support the academic achievement of
American Indian students pupils;
(3) make the curriculum relevant to the needs, interests, and cultural heritage of American Indian pupils;
(4) provide positive reinforcement of the self-image of American Indian pupils;
(5) develop intercultural awareness among pupils, parents, and staff; and
(6) supplement, not supplant, state and federal educational and cocurricular programs.
Program services designed to increase completion and
graduation rates of American Indian students must emphasize academic
achievement, retention, and attendance; development of support services for
staff, including in-service training and technical assistance in methods of
teaching American Indian pupils; research projects, including innovative
teaching approaches and evaluation of methods of relating to American Indian
pupils; provision of career counseling to American Indian pupils; modification
of curriculum, instructional methods, and administrative procedures to meet the
needs of American Indian pupils; and supplemental instruction in
American Indian language, literature, history, and culture. Districts offering programs may make
contracts for the provision of program services by establishing cooperative
liaisons with Tribal programs and American Indian social service agencies. These programs may also be provided as
components of early childhood and family education programs.
Sec. 10. Minnesota Statutes 2022, section 124D.74, subdivision 3, is amended to read:
Subd. 3. Enrollment
of other children; shared time enrollment.
To the extent it is economically feasible that the unique
educational and culturally related academic needs of American Indian people are
met and American Indian student accountability factors are the same or higher
than their non-American Indian peers, a district or participating school
may make provision for the voluntary enrollment of non-American Indian children
in the instructional components of an American Indian education program in order
that they may acquire an understanding of the cultural heritage of the American
Indian children for whom that particular program is designed. However, in determining eligibility to
participate in a program, priority must be given to American Indian children. American Indian children and other
children enrolled in an existing nonpublic school system may be enrolled on
a shared time basis in American Indian education programs.
Sec. 11. Minnesota Statutes 2022, section 124D.74, subdivision 4, is amended to read:
Subd. 4. Location
of programs. American Indian
education programs must be located in facilities educational settings
in which regular classes in a variety of subjects are offered on a daily basis. Programs may operate on an extended day or
extended year basis, including school districts, charter schools, and Tribal
contract schools that offer virtual learning environments.
Sec. 12. Minnesota Statutes 2022, section 124D.74, is amended by adding a subdivision to read:
Subd. 7. American
Indian culture and language classes.
(a) A district or participating school that conducts American
Indian education programs under sections 124D.71 to 124D.82 must provide
American Indian culture and language classes if: (1) at least five percent of students are
American Indian students; or (2) 100 or more students are American Indian
students.
(b) For purposes of this subdivision,
"American Indian students" means students identified by the state
count of American Indian students on October 1 of the previous school year.
Sec. 13. Minnesota Statutes 2022, section 124D.76, is amended to read:
124D.76
COMMUNITY COORDINATORS, INDIAN HOME/SCHOOL LIAISONS AMERICAN INDIAN
EDUCATION PROGRAM COORDINATORS, PARAPROFESSIONALS.
In addition to employing American Indian language and culture education teachers, each district or participating school providing programs pursuant to sections 124D.71 to 124D.82 may employ paraprofessionals. Paraprofessionals must not be employed for the purpose of supplanting American Indian language and culture education teachers.
Any district or participating school which
that conducts American Indian education programs pursuant to sections
124D.71 to 124D.82 must employ one or more full-time or part-time community
coordinators or Indian home/school liaisons if there are dedicated
American Indian education program coordinators in a district with 100 or
more state-identified American Indian students enrolled in the district. Community coordinators shall A
dedicated American Indian education program coordinator must promote
communication, understanding, and cooperation between the schools and
the community and shall must visit the homes of children who are
to be enrolled in an American Indian education program in order to convey
information about the program.
Sec. 14. Minnesota Statutes 2022, section 124D.78, is amended to read:
124D.78
PARENT AND COMMUNITY PARTICIPATION.
Subdivision 1. Parent
committee. School boards and
American Indian schools School districts, charter schools, Tribal
contract schools, and the respective school boards must provide for the
maximum involvement of parents of American Indian children enrolled in American
Indian education programs, programs for elementary and secondary grades,
special education programs, and support services. Accordingly, the board of a school
district school districts, charter schools, and Tribal contract schools
in which there are ten or more state-identified American Indian students
enrolled and each American Indian school must establish an American
Indian education Parent Advisory Committee. If a committee whose membership consists of a
majority of parents of American Indian children has been or is established
according to federal, Tribal, or other state law, that committee may serve as
the committee required by this section and is subject to, at least, the
requirements of this subdivision and subdivision 2.
The American Indian education Parent
Advisory Committee must develop its recommendations in consultation with the
curriculum advisory committee required by section 120B.11, subdivision 3. This committee must afford parents the
necessary information and the opportunity effectively to express their views
concerning all aspects of
American Indian education and
the educational needs of the American Indian children enrolled in the school or
program. The school board or American
Indian school School districts, charter schools, and Tribal contract
schools must ensure that programs are planned, operated, and evaluated with
the involvement of and in consultation with parents of the American Indian
students served by the programs.
Subd. 2. Resolution
of concurrence Annual compliance.
Prior to March 1, the school board or American Indian school must
submit to the department a copy of a resolution adopted by the American Indian
education parent advisory committee. The
copy must be signed by the chair of the committee and must state whether the
committee concurs with the educational programs for American Indian students
offered by the school board or American Indian school. If the committee does not concur with the
educational programs, the reasons for nonconcurrence and recommendations shall
be submitted directly to the school board with the resolution. By resolution, the board must respond in
writing within 60 days, in cases of nonconcurrence, to each recommendation made
by the committee and state its reasons for not implementing the recommendations.
American Indian Parent Advisory Committee must meet to discuss whether or
not they concur with the educational offerings that have been extended by the
district to American Indian students. If
the committee finds that the district, charter school, Tribal contract school,
and the school board have been meeting the needs of American Indian students,
they issue a vote and resolution of concurrence. If they find that the needs of American
Indian students are not being met, they issue a vote and resolution of
nonconcurrence. The vote and resolution
must be presented to the school board by one or more members of the American
Indian Parent Advisory Committee. The
vote is formally reflected on documentation provided by the Department of
Education and must be submitted annually on March 1.
If the vote is one of nonconcurrence,
the committee must provide written recommendations for improvement to the
school board at the time of the presentation.
In the case of nonconcurrence, the school board is given 60 days in
which to respond, in writing, to the committee's recommendations. The board response must be signed by the
entire school board and submitted to both the American Indian Parent Advisory
Committee and to the Department of Education.
The resolution must be accompanied by Parent Advisory Committee meeting
minutes that show they have been appraised by the district on the goals of the
Indian Education Program Plan and the measurement of progress toward those
goals.
Subd. 3. Membership. The American Indian education
Parent Advisory Committee must be composed of parents or guardians of American
Indian children eligible to be enrolled in American Indian education
programs; American Indian secondary students eligible to be served;
American Indian family members of students eligible to be enrolled in
American Indian education programs; American Indian language and culture
education teachers and paraprofessionals; American Indian teachers; American
Indian district employees; American Indian counselors; adult American
Indian people enrolled in educational programs; and representatives from
community groups. A American Indian community members. The majority of each committee must be the
parents or guardians of the American Indian children enrolled or
eligible to be enrolled in the programs.
The number of parents of American Indian and non-American Indian
children shall reflect approximately the proportion of children of those groups
enrolled in the programs.
Subd. 4. Alternate
committee. If the organizational
membership or the board of directors of an American Indian school a
Tribal contract school consists of parents of children attending the
school, that membership or board may serve also as the American Indian education
Parent Advisory Committee.
Subd. 5. State-identified
American Indian. For the
purposes of sections 124D.71 to 124D.82, the number of students who identify as
American Indian or Alaska Native, as defined by the state of Minnesota on
October 1 of the previous school year, will be used to determine the
state-identified American Indian student counts for school districts, charter
schools, and Tribal contract schools for the subsequent school year.
Sec. 15. Minnesota Statutes 2022, section 124D.79, subdivision 2, is amended to read:
Subd. 2. Technical
assistance. The commissioner shall
provide technical assistance to districts, schools and postsecondary
institutions for preservice and in-service training for teachers, American
Indian education teachers and paraprofessionals specifically designed to
implement culturally responsive teaching methods, culturally based curriculum
development, testing and testing mechanisms, and the development of
materials for American Indian education programs, and the annual report of
American Indian student data using the state count.
Sec. 16. Minnesota Statutes 2022, section 124D.791, subdivision 4, is amended to read:
Subd. 4. Duties; powers. The American Indian education director shall:
(1) serve as the liaison for the
department work collaboratively and in conjunction with the Tribal
Liaison, the Tribal Nations Education Committee, the 11 Tribal communities
nations in Minnesota, the Minnesota Chippewa Tribe, and the Minnesota
Indian Affairs Council;
(2) evaluate the state of American Indian education in Minnesota;
(3) engage the Tribal bodies, community groups, parents of children eligible to be served by American Indian education programs, American Indian administrators and teachers, persons experienced in the training of teachers for American Indian education programs, the Tribally controlled schools, and other persons knowledgeable in the field of American Indian education and seek their advice on policies that can improve the quality of American Indian education;
(4) advise the commissioner on American Indian education issues, including:
(i) issues facing American Indian students;
(ii) policies for American Indian education;
(iii) awarding scholarships to eligible American Indian students and in administering the commissioner's duties regarding awarding of American Indian education grants to school districts; and
(iv) administration of the commissioner's duties under sections 124D.71 to 124D.82 and other programs for the education of American Indian people;
(5) propose to the commissioner legislative changes that will improve the quality of American Indian education;
(6) develop a strategic plan and a long-term framework for American Indian education, in conjunction with the Minnesota Indian Affairs Council, that is updated every five years and implemented by the commissioner, with goals to:
(i) increase American Indian student achievement, including increased levels of proficiency and growth on statewide accountability assessments;
(ii) increase the number of American Indian teachers in public schools;
(iii) close the achievement gap between American Indian students and their more advantaged peers;
(iv) increase the statewide graduation rate for American Indian students; and
(v) increase American Indian student placement in postsecondary programs and the workforce; and
(7) keep the American Indian community informed about the work of the department by reporting to the Tribal Nations Education Committee at each committee meeting.
Sec. 17. [124D.792]
GRADUATION CEREMONIES; TRIBAL REGALIA AND OBJECTS OF CULTURAL SIGNIFICANCE.
A school district or charter school must not prohibit an American Indian student from wearing American Indian regalia, Tribal regalia, or objects of cultural significance at a graduation ceremony.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 18. Minnesota Statutes 2022, section 124D.81, is amended to read:
124D.81
AMERICAN INDIAN EDUCATION AID.
Subdivision 1. Procedures. A school district, charter school, cooperative
unit as defined in section 123A.24, subdivision 2, or American
Indian-controlled Tribal contract or grant school enrolling at least 20
American Indian students identified by the state count on October 1 of
the previous school year and operating an American Indian education program
according to section 124D.74 is eligible for American Indian
education aid if it meets the requirements of this section. Programs may provide for contracts for the
provision of program components by nonsectarian nonpublic, community, Tribal,
charter, or alternative schools. The
commissioner shall prescribe the form and manner of application for aids, and
no aid shall be made for a program not complying with the requirements of
sections 124D.71 to 124D.82.
Subd. 2. Plans. To qualify for receive aid,
an eligible district, charter school, cooperative unit as defined in section
123A.24, subdivision 2, or Tribal contract school must develop and submit a
plan for approval by the Indian education director that shall:
(a) Identify the measures to be used to meet the requirements of sections 124D.71 to 124D.82;
(b) Identify the activities, methods and programs to meet the identified educational needs of the children to be enrolled in the program;
(c) Describe how district goals and objectives as well as the objectives of sections 124D.71 to 124D.82 are to be achieved;
(d) Demonstrate that required and elective courses as structured do not have a discriminatory effect within the meaning of section 124D.74, subdivision 5;
(e) Describe how each school program will be organized, staffed, coordinated, and monitored; and
(f) Project expenditures for programs under sections 124D.71 to 124D.82.
Subd. 2a. American
Indian education aid. (a) The
American Indian education aid for an eligible district, cooperative unit,
or Tribal contract school equals the greater of (1) the sum of $20,000 $40,000
plus the product of $358 $500 times the difference between the
number of American Indian students enrolled on October 1 of the previous school
year and 20; or (2) if the district or school received a grant under this
section for fiscal year 2015, the amount of the grant for fiscal year 2015.
(b) Notwithstanding paragraph (a), the American Indian education aid must not exceed the district, cooperative unit, or Tribal contract school's actual expenditure according to the approved plan under subdivision 2, except as provided in subdivision 2b.
Subd. 2b. Carry
forward of funds. Notwithstanding
section 16A.28, if a school district or Tribal contract school does not expend
the full amount of the American Indian education aid in accordance with the
plan in the designated fiscal year, the school district or Tribal contract
school may carry forward and expend up to half of the remaining funds in the
first six months of the following fiscal year, and is not subject to an aid
reduction if:
(1) the district is otherwise following
the plan submitted and approved under subdivision 2;
(2) the American Indian Parent Advisory
Committee for the school is aware of and has approved the carry forward and has
concurred with the district's educational offerings extended to American Indian
students under section 124D.78;
(3) the funds carried over are used in
accordance with section 124D.74, subdivision 1; and
(4) by April 1, the district reports to
the Department of Education American Indian education director the reason the
aid was not expended in the designated fiscal year, and describes how the
district intends to expend the funds in the following fiscal year. The district must report this information in
the form and manner determined by the commissioner.
Subd. 3. Additional requirements. Each district or cooperative unit receiving aid under this section must each year conduct a count of American Indian children in the schools of the district; test for achievement; identify the extent of other educational needs of the children to be enrolled in the American Indian education program; and classify the American Indian children by grade, level of educational attainment, age and achievement. Participating schools must maintain records concerning the needs and achievements of American Indian children served.
Subd. 4. Nondiscrimination; testing. In accordance with recognized professional standards, all testing and evaluation materials and procedures utilized for the identification, testing, assessment, and classification of American Indian children must be selected and administered so as not to be racially or culturally discriminatory and must be valid for the purpose of identifying, testing, assessing, and classifying American Indian children.
Subd. 5. Records. Participating schools and, districts,
and cooperative units must keep records and afford access to them as the
commissioner finds necessary to ensure that American Indian education programs
are implemented in conformity with sections 124D.71 to 124D.82. Each school district, cooperative unit,
or participating school must keep accurate, detailed, and separate revenue and
expenditure accounts for pilot American Indian education programs funded
under this section.
Subd. 6. Money from other sources. A district, cooperative unit, or participating school providing American Indian education programs shall be eligible to receive moneys for these programs from other government agencies and from private sources when the moneys are available.
Subd. 7. Exceptions. Nothing in sections 124D.71 to 124D.82 shall be construed as prohibiting a district, cooperative unit, or school from implementing an American Indian education program which is not in compliance with sections 124D.71 to 124D.82 if the proposal and plan for that program is not funded pursuant to this section.
EFFECTIVE
DATE. This section is
effective the day following final enactment for aid for fiscal year 2024 and
later.
Sec. 19. Minnesota Statutes 2022, section 126C.05, subdivision 19, is amended to read:
Subd. 19. Online
learning students. (a) The average
daily membership for a public school pupil or a pupil enrolled in a school
authorized to receive Tribal contract or grant aid under section 124D.83
generating online learning average daily membership according to section 124D.095,
subdivision 8, 124D.094, subdivision 7, paragraph (b), equals the
sum of: (1) the ratio of the sum of the
number of instructional hours the pupil is enrolled in a regular classroom
setting at the enrolling school to the actual number of instructional hours in
the school year at the enrolling school, plus (2) .12 times the initial online
learning average daily membership according to section 124D.095, subdivision
8, 124D.094, subdivision 7, paragraph (b).
(b) When the sum of the average daily
membership under paragraph (a) and the adjusted online learning average daily
membership under section 124D.095, subdivision 8, 124D.094,
subdivision 7, paragraph (b), exceeds the maximum allowed for the student
under subdivision 8 or 15, as applicable, the average daily membership under
paragraph (a) shall be reduced by the excess over the maximum, but shall not be
reduced below .12. The adjusted online
learning average daily membership according to section 124D.095, subdivision
8, 124D.094, subdivision 7, paragraph (b), shall be reduced by any
remaining excess over the maximum.
Sec. 20. Minnesota Statutes 2022, section 144.4165, is amended to read:
144.4165
TOBACCO PRODUCTS PROHIBITED IN PUBLIC SCHOOLS.
(a) No person shall at any time smoke, chew, or otherwise ingest tobacco, or carry or use an activated electronic delivery device as defined in section 609.685, subdivision 1, in a public school, as defined in section 120A.05, subdivisions 9, 11, and 13, or in a charter school governed by chapter 124E. This prohibition extends to all facilities, whether owned, rented, or leased, and all vehicles that a school district owns, leases, rents, contracts for, or controls.
(b) Nothing in this section shall prohibit the lighting of tobacco by an adult as a part of a traditional Indian spiritual or cultural ceremony. An American Indian student may carry a medicine pouch containing loose tobacco intended as observance of traditional spiritual or cultural practices. For purposes of this section, an Indian is a person who is a member of an Indian Tribe as defined in section 260.755, subdivision 12.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 21. APPROPRIATIONS.
Subdivision 1. Department
of Education. The sums
indicated in this section are appropriated from the general fund to the
Department of Education for the fiscal years designated.
Subd. 2. American
Indian education aid. (a) For
American Indian education aid under Minnesota Statutes, section 124D.81,
subdivision 2a:
|
|
$17,949,000 |
.
. . . . |
2024
|
|
|
$19,266,000 |
.
. . . . |
2025
|
(b) The 2024 appropriation includes
$1,159,000 for 2023 and $16,790,000 for 2024.
(c) The 2025 appropriation includes
$1,865,000 for 2024 and $17,401,000 for 2025.
Subd. 3. Minnesota
Indian teacher training program grants.
(a) For joint grants to assist people who are American Indian to
become teachers under Minnesota Statutes, section 122A.63:
|
|
$2,210,000 |
. .
. . . |
2024
|
|
|
$600,000 |
. .
. . . |
2025
|
(b) This appropriation is subject to the
requirements under Minnesota Statutes, section 122A.63, subdivision 10.
Subd. 4. Native
language revitalization grants to schools.
(a) For grants to school districts and charter schools to offer
language instruction in Dakota and Anishinaabe languages or another language
indigenous to the United States or Canada:
|
|
$7,500,000 |
. .
. . . |
2024
|
|
|
$7,500,000 |
. .
. . . |
2025
|
(b) Grant amounts are to be determined
based upon the number of schools within a district implementing language
courses. Eligible expenses include costs
for teachers, program supplies, and curricular resources.
(c) Up to five percent of the grant
amount is available for grant administration and monitoring.
(d) Up to $300,000 each year is for
administrative and programmatic capacity at the Department of Education.
(e) Any balance in the first year does
not cancel but is available in the second year.
Subd. 5. Tribal
contract school aid. (a) For
Tribal contract school aid under Minnesota Statutes, section 124D.83:
|
|
$2,585,000 |
. .
. . . |
2024
|
|
|
$2,804,000 |
. .
. . . |
2025
|
(b) The 2024 appropriation includes
$255,000 for 2023 and $2,330,000 for 2024.
(c) The 2025 appropriation includes
$258,000 for 2024 and $2,546,000 for 2025.
ARTICLE 5
TEACHERS
Section 1. Minnesota Statutes 2022, section 120A.414, subdivision 2, is amended to read:
Subd. 2. Plan. A school board, including the board of
a charter school, may adopt an e-learning day plan after consulting meeting
and negotiating with the exclusive representative of the teachers. A If a charter school's teachers
are not represented by an exclusive representative, the charter school may
adopt an e-learning day plan after consulting with its teachers. The plan must include accommodations for
students without Internet access at home and for digital device access for
families without the technology or an insufficient amount of technology for the
number of children in the household. A
school's e-learning day plan must provide accessible options for students with
disabilities under chapter 125A.
Sec. 2. [120B.101]
CURRICULUM.
No school district or charter school may
discriminate against or discipline a teacher or principal on the basis of
incorporating into curriculum contributions of persons in a federally protected
class or state protected class when the included contribution is in alignment
with standards and benchmarks adopted under sections 120B.021 and 120B.023.
Sec. 3. [120B.113]
CLOSING EDUCATIONAL OPPORTUNITY GAPS GRANTS.
Subdivision 1. Grant
program established. The
commissioner of education must establish a grant program to support
implementation of world's best workforce strategies under section 120B.11,
subdivision 2, clauses (4) and (6), and collaborative efforts that address
opportunity gaps resulting from curricular, environmental, and structural
inequities in schools experienced by students, families, and staff who are of
color or who are American Indian.
Subd. 2. Definitions. (a) For purposes of this section, the
following terms have the meanings given.
(b) "Antiracist" has the
meaning given in section 120B.11, subdivision 1.
(c) "Curricular" means
curriculum resources used and content taught as well as access to levels of
coursework or types of learning opportunities.
(d) "Environmental" means
relating to the climate and culture of a school.
(e) "Equitable" means
fairness by providing curriculum, instruction, support, and other resources for
learning based on the needs of individual students and groups of students to
succeed at school rather than treating all students the same despite the
students having different needs.
(f) "Institutional racism"
has the meaning given in section 120B.11, subdivision 1.
(g) "Opportunity gap" means
the inequitable distribution of resources that impacts inequitable
opportunities that contribute to or perpetuate learning gaps for certain groups
of students.
(h) "Structural" means
relating to the organization and systems of a school that have been created to
manage a school.
Subd. 3. Applications
and grant awards. The
commissioner must determine application procedures and deadlines, select
districts and charter schools to participate in the grant program, and
determine the award amount and payment process of the grants. To the extent that there are sufficient
applications, the commissioner must award an approximately equal number of
grants between districts in greater Minnesota and those in the Twin Cities
metropolitan area. If there are an
insufficient number of applications received for either geographic area, then
the commissioner may award grants to meet the requests for funds wherever a
district is located.
Subd. 4. Description. The grant program must provide funding
that supports collaborative efforts that close opportunity gaps by:
(1) ensuring school environments and
curriculum validate, affirm, embrace, and integrate cultural and community
strengths of students, families, and employees from all racial and ethnic
backgrounds; and
(2) addressing institutional racism
with equitable school policies, structures, practices, and curricular
offerings, consistent with the requirements for long-term plans under section
124D.861, subdivision 2, paragraph (c).
Subd. 5. Report. Grant recipients must annually report
to the commissioner by a date and in a form and manner determined by the
commissioner on efforts planned and implemented that engaged students,
families, educators, and community members of diverse racial and ethnic backgrounds
in making improvements to school climate and curriculum. The report must assess the impact of those
efforts as perceived by racially and ethnically diverse stakeholders, and must
identify any areas needed for further continuous improvement. The commissioner must publish a report for
the public summarizing the activities of grant recipients and what was done to
promote sharing of effective practices among grant recipients and potential
grant applicants.
Sec. 4. [120B.117]
INCREASING PERCENTAGE OF TEACHERS OF COLOR AND AMERICAN INDIAN TEACHERS IN
MINNESOTA.
Subdivision 1. Purpose. This section sets short-term and
long-term attainment goals for increasing the percentage of teachers of color
and who are American Indian teachers in Minnesota and for ensuring all students
have equitable access to effective and racially and ethnically diverse teachers
who reflect the diversity of students. The
goals and report required under this section are important for meeting
attainment goals for the world's best workforce under section 120B.11,
achievement and integration under section 124D.861, and higher education
attainment under section 135A.012, all of which have been established to close
persistent opportunity and achievement gaps that limit students' success in
school and life and impede the state's economic growth.
Subd. 2. Equitable
access to racially and ethnically diverse teachers. The percentage of teachers in
Minnesota who are of color or who are American Indian should increase at least
two percentage points per year to have a teaching workforce that more closely
reflects the state's increasingly diverse student population and to ensure all
students have equitable access to effective and diverse teachers by 2040.
Subd. 3. Rights
not created. The attainment
goal in this section is not to the exclusion of any other goals and does not
confer a right or create a claim for any person.
Subd. 4. Reporting. Beginning in 2024 and every
even-numbered year thereafter, the Professional Educator Licensing and
Standards Board must collaborate with the Department of Education and the
Office of Higher Education to publish a summary report of each of the programs
they administer and any other programs receiving state appropriations that have
or include an explicit purpose of increasing the racial and ethnic diversity of
the state's teacher workforce to more closely reflect the diversity of students. The report must include programs under
sections 122A.59, 122A.63, 122A.635, 122A.70, 122A.73, 124D.09, 124D.861,
136A.1274, 136A.1276, and 136A.1791, along with any other programs or
initiatives that receive state appropriations to address the shortage of
teachers of color and American Indian teachers.
The board must, in coordination with the Office of Higher Education and
Department of Education, provide policy and funding recommendations related to
state-funded programs to increase the recruitment, preparation, licensing,
hiring, and retention of racially and ethnically diverse teachers and the
state's progress toward meeting or exceeding the goals of this section. The report must include recommendations for
state policy and funding needed to achieve the goals of this section, plans for
sharing the report and activities of grant recipients, and opportunities among
grant recipients of various programs to share effective practices with each
other. The 2024 report must include a
recommendation of whether a state advisory council should be established to
address the shortage of racially and ethnically diverse teachers and what the
composition and charge of such an advisory council would be if established. The board must consult with the Indian
Affairs Council and other ethnic councils along with other community partners,
including students of color and American Indian students, in developing the
report. By November 3 of each
odd-numbered year, the board must submit the report to the chairs and ranking
minority members of the legislative committees with jurisdiction over education
and higher education policy and finance.
The report must be available to the public on the board's website.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 5. [122A.04]
LICENSE REQUIRED.
Pursuant to section 120A.22,
subdivision 10, a teacher must hold a field license or a permission aligned to
the content area and scope of the teacher's assignment to provide instruction
in a public school, including a charter school.
Sec. 6. Minnesota Statutes 2022, section 122A.06, subdivision 1, is amended to read:
Subdivision 1. Scope. For the purpose of sections 122A.05
122A.04 to 122A.093, and 122A.15 to 122A.33, the terms
defined in this section have the meanings given them, unless another meaning is
clearly indicated.
Sec. 7. Minnesota Statutes 2022, section 122A.06, subdivision 2, is amended to read:
Subd. 2. Teacher. "Teacher" means a classroom teacher or other similar professional employee required by law to hold a license from the Professional Educator Licensing and Standards Board.
Sec. 8. Minnesota Statutes 2022, section 122A.06, subdivision 5, is amended to read:
Subd. 5. Field. A "field," "licensure area," or "subject area" means the content area in which a teacher may become licensed to teach.
Sec. 9. Minnesota Statutes 2022, section 122A.06, subdivision 6, is amended to read:
Subd. 6. Shortage area. "Shortage area" means:
(1) licensure fields and economic
development regions reported by the commissioner of education or the
Professional Educator Licensing and Standards Board as experiencing a teacher
shortage; and
(2) economic development regions where there
is a shortage of licensed teachers who reflect the racial or ethnic diversity
of students in the region. the aggregate percentage of Indigenous
teachers and teachers of color in the region is lower than the aggregate
percentage of kindergarten through grade 12 Indigenous students and students of
color in that region. Only individuals
who close the gap between these percentages qualify as filling a shortage by
this definition.
Sec. 10. Minnesota Statutes 2022, section 122A.06, subdivision 7, is amended to read:
Subd. 7. Teacher
preparation program. "Teacher
preparation program" means a program approved by the Professional Educator
Licensing and Standards Board for the purpose of preparing individuals for a
specific teacher licensure field in Minnesota.
Teacher preparation programs include traditional programs delivered
by postsecondary institutions, alternative teacher preparation programs, and
nonconventional teacher preparation programs.
Sec. 11. Minnesota Statutes 2022, section 122A.06, subdivision 8, is amended to read:
Subd. 8. Teacher
preparation program provider. "Teacher
preparation program provider" or "unit" means an entity that has
primary responsibility for overseeing and delivering a teacher preparation
program. Teacher preparation program
providers include institutes of higher education, school districts, charter
schools, or nonprofit corporations organized under chapter 317A.
Sec. 12. Minnesota Statutes 2022, section 122A.06, is amended by adding a subdivision to read:
Subd. 9. District. "District" means a school
district or charter school.
Sec. 13. Minnesota Statutes 2022, section 122A.06, is amended by adding a subdivision to read:
Subd. 10. Transfer
pathway. "Transfer
pathway" means an established pathway to licensure between a two‑year
college or Tribal college, and a board-approved teacher preparation provider.
Sec. 14. Minnesota Statutes 2022, section 122A.09, subdivision 4, is amended to read:
Subd. 4. Licensing
and approval. (a) The
Professional Educator Licensing and Standards Board must license teachers, as
defined in section 122A.15, subdivision 1, except for supervisory personnel, as
defined in section 122A.15, subdivision 2.
The board must not delegate its authority to make all licensing
decisions with respect to candidates applicants for teacher
licensure. The board must evaluate candidates
applicants for compliance with statutory or rule requirements for
licensure and develop licensure verification requirements.
(b) The Professional Educator Licensing
and Standards Board must approve teacher preparation providers seeking to
prepare applicants for teacher licensure in Minnesota.
Sec. 15. Minnesota Statutes 2022, section 122A.09, subdivision 6, is amended to read:
Subd. 6. Register
of persons licensed. The executive
director of the Professional Educator Licensing and Standards Board must
keep a record of the proceedings of and a register of all persons licensed
pursuant to the provisions of this chapter.
The register must show the name, address, licenses and
permissions held, including renewals, and license number and the renewal
of the license. The board must on
July 1, of each year or as soon thereafter as is practicable, compile a list of
such duly licensed teachers. A copy of
the register This list must be available during business hours at
the office of the board to any interested person on the board's website.
Sec. 16. Minnesota Statutes 2022, section 122A.09, subdivision 9, is amended to read:
Subd. 9. Professional
Educator Licensing and Standards Board must adopt rules. (a) The Professional Educator Licensing
and Standards Board must adopt rules subject to the provisions of chapter 14 to
implement sections 120B.363, 122A.05 to 122A.09, 122A.092, 122A.16, 122A.17,
122A.18, 122A.181, 122A.182, 122A.183, 122A.184, 122A.185, 122A.187, 122A.188, 122A.19,
122A.20, 122A.21, 122A.23, 122A.26, 122A.28, and 122A.29, and 124D.72.
(b) The board must adopt rules relating to fields of licensure and grade levels that a licensed teacher may teach, including a process for granting permission to a licensed teacher to teach in a field that is different from the teacher's field of licensure without change to the teacher's license tier level.
(c) The board must adopt rules relating
to the grade levels that a licensed teacher may teach.
(d) (c) If a rule adopted by
the board is in conflict with a session law or statute, the law or statute
prevails. Terms adopted in rule must be
clearly defined and must not be construed to conflict with terms adopted in
statute or session law.
(e) (d) The board must
include a description of a proposed rule's probable effect on teacher supply
and demand in the board's statement of need and reasonableness under section
14.131.
(f) (e) The board must adopt
rules only under the specific statutory authority.
Sec. 17. Minnesota Statutes 2022, section 122A.09, subdivision 10, is amended to read:
Subd. 10. Permissions. (a) Notwithstanding subdivision 9 and sections 14.055 and 14.056, the Professional Educator Licensing and Standards Board may grant waivers to its rules upon application by a school district or a charter school for purposes of implementing experimental programs in learning or management.
(b) To enable a school district
or a charter school to meet the needs of students enrolled in an alternative
education program and to enable licensed teachers instructing those students to
satisfy content area licensure requirements, the Professional Educator
Licensing and Standards Board annually may permit a licensed teacher
teaching in an alternative education program to instruct students in a content
area for which the teacher is not licensed, consistent with paragraph (a).
(c) A special education license permission issued by the Professional Educator Licensing and Standards Board for a primary employer's low-incidence region is valid in all low-incidence regions.
(d) A
candidate An applicant that has obtained career and technical
education certification may apply for a Tier 1 license under section
122A.181. Consistent with section
136F.361, the Professional Educator Licensing and Standards Board must strongly
encourage approved college or university-based teacher preparation
programs throughout Minnesota to develop alternative pathways for certifying
and licensing high school career and technical education instructors and
teachers, allowing such candidates applicants to meet
certification and licensure standards that demonstrate their content knowledge,
classroom experience, and pedagogical practices and their qualifications based
on a combination of occupational testing, professional certification or
licensure, and long-standing work experience.
Sec. 18. Minnesota Statutes 2022, section 122A.091, subdivision 1, is amended to read:
Subdivision 1. Teacher
and administrator preparation and performance data; report. (a) The Professional Educator Licensing
and Standards Board and the Board of School Administrators, in cooperation with
board‑adopted board-approved teacher or administrator
preparation programs, annually must collect and report summary data on teacher
and administrator preparation and performance outcomes, consistent with this
subdivision. The Professional Educator
Licensing and Standards Board and the Board of School Administrators annually
by June July 1 must update and post the reported summary
preparation and performance data on teachers and administrators from the
preceding school years on a website hosted jointly by the boards their
respective websites.
(b) Publicly reported summary data on
teacher preparation programs providers must include:
(1) student entrance requirements for
each Professional Educator Licensing and Standards Board-approved program,
including grade point average for enrolling students in the preceding year;
(2) the average board-adopted skills
examination or ACT or SAT scores of students entering the program in the
preceding year;
(3) (1) summary data on faculty
teacher educator qualifications, including at least the content areas
of faculty undergraduate and graduate degrees and their years of experience
either as kindergarten birth through grade 12 classroom teachers
or school administrators;
(4) the average time resident and
nonresident program graduates in the preceding year needed to complete the
program;
(2) the current number and percentage
of enrolled candidates who entered the program through a transfer pathway
disaggregated by race, except when disaggregation would not yield statistically
reliable results or would reveal personally identifiable information about an
individual;
(5) (3) the current number
and percentage of students program completers by program who graduated,
received a standard Minnesota teaching license, and Tier 3 or Tier 4
license disaggregated by race, except when disaggregation would not yield
statistically reliable results or would reveal personally identifiable
information about an individual;
(4) the current number and
percentage of program completers who entered the program through a transfer
pathway and received a Tier 3 or Tier 4 license disaggregated by race, except
when disaggregation would not yield statistically reliable results or would
reveal personally identifiable information about an individual;
(5) the current number and percentage of program completers who were hired to teach full time in their licensure field in a Minnesota district or school in the preceding year disaggregated by race, except when disaggregation would not yield statistically reliable results or would reveal personally identifiable information about an individual;
(6) the number of content area credits
and other credits by undergraduate program that students in the preceding
school year needed to complete to graduate the current number and
percentage of program completers who entered the program through a transfer
pathway and who were hired to teach full time in their licensure field in a
Minnesota district or school in the preceding year disaggregated by race, except
when disaggregation would not yield statistically reliable results or would
reveal personally identifiable information about an individual;
(7) students' pass rates on skills and
subject matter exams required for graduation in each program and licensure area
in the preceding school year;
(8) (7) board-adopted survey
results measuring student and graduate satisfaction with the program initial
licensure program quality and structure in the preceding school year
disaggregated by race, except when disaggregation would not yield statistically
reliable results or would reveal personally identifiable information about an
individual;
(9) a standard measure of the
satisfaction of (8) board-adopted survey results from school
principals or supervising teachers with the student teachers assigned to a
school or supervising teacher supervisors on initial licensure program
quality and structure; and
(10) information under subdivision 3,
paragraphs (a) and (b) (9) the number and percentage of program
completers who met or exceeded the state threshold score on the board-adopted
teacher performance assessment.
Program reporting must be consistent with subdivision 2.
(c) Publicly reported summary data on administrator preparation programs approved by the Board of School Administrators must include:
(1) summary data on faculty qualifications, including at least the content areas of faculty undergraduate and graduate degrees and the years of experience either as kindergarten through grade 12 classroom teachers or school administrators;
(2) the average time program graduates in the preceding year needed to complete the program;
(3) the current number and percentage of students who graduated, received a standard Minnesota administrator license, and were employed as an administrator in a Minnesota school district or school in the preceding year disaggregated by race, except when disaggregation would not yield statistically reliable results or would reveal personally identifiable information about an individual;
(4) the number of credits by graduate program that students in the preceding school year needed to complete to graduate;
(5) survey results measuring student, graduate, and employer satisfaction with the program in the preceding school year disaggregated by race, except when disaggregation would not yield statistically reliable results or would reveal personally identifiable information about an individual; and
(6) information under subdivision 3, paragraphs (c) and (d).
Program reporting must be consistent with section 122A.14, subdivision 10.
Sec. 19. Minnesota Statutes 2022, section 122A.091, subdivision 2, is amended to read:
Subd. 2. Teacher
preparation program reporting. (a)
By December 31, 2018, and annually thereafter, the Professional Educator
Licensing and Standards Board shall report and publish on its website the
cumulative summary results of at least three consecutive years of data reported
to the board under subdivision 1, paragraph (b). Where the data are sufficient to yield
statistically reliable information and the results would not reveal personally
identifiable information about an individual teacher, the board shall report
the data by teacher preparation program.
(b) The Professional Educator Licensing
and Standards Board must report annually to the chairs and ranking minority
members of the legislative committees with jurisdiction over kindergarten
through grade 12 education, the following information:
(1) the total number of teacher
candidates during the most recent school year taking a board-adopted skills
examination;
(2) the number who achieve a qualifying
score on the examination;
(3) the number who do not achieve a
qualifying score on the examination; and
(4) the candidates who have not passed
a content or pedagogy exam.
The information reported under this paragraph must be disaggregated
by categories of race, ethnicity, and eligibility for financial aid. The report must be submitted in accordance
with section 3.195.
Sec. 20. Minnesota Statutes 2022, section 122A.15, subdivision 1, is amended to read:
Subdivision 1. Teachers. The term "teachers" for the
purpose of licensure, means all persons employed in a public school or
education district or by a service cooperative as members of the instructional,
supervisory, and support staff including superintendents, principals,
supervisors, secondary vocational and other classroom teachers, librarians, school
counselors, school psychologists, school nurses, school social workers,
audio-visual directors and coordinators, recreation personnel, media
generalists, media supervisors, and speech therapists school speech‑language
pathologists. This definition does not
apply to sections 122A.05 to 122A.093.
Sec. 21. Minnesota Statutes 2022, section 122A.18, subdivision 1, is amended to read:
Subdivision 1. Authority
to license. (a) The Professional
Educator Licensing and Standards Board must issue the following teacher
licenses to candidates applicants who meet the qualifications
prescribed by this chapter:
(1) Tier 1 license under section 122A.181;
(2) Tier 2 license under section 122A.182;
(3) Tier 3 license under section 122A.183; and
(4) Tier 4 license under section 122A.184.
(b) The Board of School Administrators must license supervisory personnel as defined in section 122A.15, subdivision 2, except for athletic coaches.
(c) The Professional Educator Licensing and Standards Board and the Department of Education must enter into a data sharing agreement to share:
(1) educational data at the E-12 level for the limited purpose of program approval and improvement for teacher education programs. The program approval process must include targeted redesign of teacher preparation programs to address identified E-12 student areas of concern; and
(2) data in the staff automated reporting system for the limited purpose of managing and processing funding to school districts and other entities.
(d) The Board of School Administrators and the Department of Education must enter into a data sharing agreement to share educational data at the E-12 level for the limited purpose of program approval and improvement for education administration programs. The program approval process must include targeted redesign of education administration preparation programs to address identified E-12 student areas of concern.
(e) For purposes of the data sharing agreements under paragraphs (c) and (d), the Professional Educator Licensing and Standards Board, Board of School Administrators, and Department of Education may share private data, as defined in section 13.02, subdivision 12, on teachers and school administrators. The data sharing agreements must not include educational data, as defined in section 13.32, subdivision 1, but may include summary data, as defined in section 13.02, subdivision 19, derived from educational data.
Sec. 22. Minnesota Statutes 2022, section 122A.18, subdivision 2, is amended to read:
Subd. 2. Support
personnel qualifications. The
Professional Educator Licensing and Standards Board must issue licenses and
credentials under its jurisdiction to persons the board finds to be qualified
and competent for support personnel positions in accordance with section 120B.36
120B.363.
Sec. 23. Minnesota Statutes 2022, section 122A.18, subdivision 10, is amended to read:
Subd. 10. Licensure
via portfolio. (a) The Professional
Educator Licensing and Standards Board must adopt rules establishing a process
for an eligible candidate applicant to obtain any teacher an
initial Tier 3 license under subdivision 1, or to add a licensure
field, to a Tier 3 or Tier 4 license via portfolio. The portfolio licensure application process
must be consistent with the requirements in this subdivision.
(b) A candidate An applicant
for a an initial Tier 3 license via portfolio must submit
to the board one portfolio demonstrating pedagogical competence and one
portfolio demonstrating content competence.
(c) A candidate An applicant
seeking to add a licensure field via portfolio must submit to the board
one portfolio demonstrating content competence for each licensure field the
candidate seeks to add.
(d) The board must notify a candidate
an applicant who submits a portfolio under paragraph (b) or (c) within
90 calendar days after the portfolio is received whether or not the portfolio
is approved. If the portfolio is not
approved, the board must immediately inform the candidate applicant
how to revise the portfolio to successfully demonstrate the requisite
competence. The candidate applicant
may resubmit a revised portfolio at any time and the board must approve or
disapprove the revised portfolio within 60 calendar days of receiving it.
(e) A candidate An applicant
must pay a fee for a portfolio in accordance with section 122A.21, subdivision
4.
Sec. 24. Minnesota Statutes 2022, section 122A.18, is amended by adding a subdivision to read:
Subd. 11. Staff
Automated Reporting. The
Professional Educator Licensing and Standards Board shall collect data on educators'
employment and assignments from all school districts and charter schools. The report may include data on educators'
demographics and licensure.
Sec. 25. Minnesota Statutes 2022, section 122A.181, subdivision 1, is amended to read:
Subdivision 1. Application
requirements. The Professional
Educator Licensing and Standards Board must approve a request from a
district or charter school to issue a Tier 1 license in a specified content
area to a candidate an application for a Tier 1 license in a specified
content area if:
(1) the application has been submitted
jointly by the applicant and the district;
(2) the application has been paid for by
the district or the applicant;
(1) (3) the candidate applicant
meets the professional requirement in subdivision 2;
(2) (4) the district or
charter school affirms that the candidate applicant has the
necessary skills and knowledge to teach in the specified content area; and
(3) (5) the district or
charter school demonstrates that:
(i) a criminal background check
under section 122A.18, subdivision 8, has been completed on the candidate
applicant; and
(ii) (6) the district or
charter school has posted the teacher position but was unable to hire an
acceptable teacher with a Tier 2, 3, or 4 license for the position.
Sec. 26. Minnesota Statutes 2022, section 122A.181, subdivision 2, is amended to read:
Subd. 2. Professional
requirements. (a) A candidate
An applicant for a Tier 1 license must have a bachelor's degree to teach
a class or course outside a career and technical education or career pathways
course of study.
(b) A candidate An applicant
for a Tier 1 license must have one of the following credentials in a relevant
content area to teach a class in a career and technical education or career
pathways course of study:
(1) an associate's degree;
(2) a professional certification; or
(3) five years of relevant work experience.
Sec. 27. Minnesota Statutes 2022, section 122A.181, is amended by adding a subdivision to read:
Subd. 2a. Exemptions
from a bachelor's degree. (a)
The following applicants for a Tier 1 license are exempt from the requirement
to hold a bachelor's degree in subdivision 2:
(1) an applicant for a Tier 1 license to
teach career and technical education or career pathways courses of study if the
applicant has:
(i) an associate's degree;
(ii) a professional
certification; or
(iii) five years of relevant work
experience;
(2) an applicant for a Tier 1 license to
teach world languages and culture pursuant to Minnesota Rules, part 8710.4950,
if the applicant is a native speaker of the language; and
(3) an applicant for a Tier 1 license in
the performing or visual arts pursuant to Minnesota Rules, parts 8710.4300,
dance and theatre; 8710.4310, dance; 8710.4320, theatre; 8710.4650, vocal music
and instrumental music; and 8710.4900, visual arts, if the applicant has at
least five years of relevant work experience.
(b) The Professional Educator Licensing
and Standards Board must adopt rules regarding the qualifications and
determinations for applicants exempt from paragraph (a).
Sec. 28. Minnesota Statutes 2022, section 122A.181, subdivision 3, is amended to read:
Subd. 3. Term
of license and renewal. (a) The
Professional Educator Licensing and Standards Board must issue an initial Tier
1 license for a term of one year. A Tier
1 license may be renewed subject to paragraphs (b) and (c). The board may submit written comments to
the district or charter school that requested the renewal regarding the
candidate.
(b) The Professional Educator Licensing and Standards Board must renew a Tier 1 license if:
(1) the district or charter school requesting the renewal demonstrates that it has posted the teacher position but was unable to hire an acceptable teacher with a Tier 2, 3, or 4 license for the position;
(2) the teacher holding the Tier 1 license took a content examination in accordance with section 122A.185 and submitted the examination results to the teacher's employing district or charter school within one year of the board approving the request for the initial Tier 1 license;
(3) the teacher holding the Tier 1 license participated in cultural competency training consistent with section 120B.30, subdivision 1, paragraph (q), within one year of the board approving the request for the initial Tier 1 license; and
(4) the teacher holding the Tier 1 license met the mental illness training renewal requirement under section 122A.187, subdivision 6.
The requirement in clause (2) does not apply to a teacher that teaches a class in a career and technical education or career pathways course of study.
(c) A Tier 1 license must not be renewed more than three times, unless the requesting district or charter school can show good cause for additional renewals. A Tier 1 license issued to teach (1) a class or course in a career and technical education or career pathway course of study or (2) in a shortage area, as defined in section 122A.06, subdivision 6, may be renewed without limitation.
Sec. 29. Minnesota Statutes 2022, section 122A.181, subdivision 4, is amended to read:
Subd. 4. Application. The Professional Educator Licensing and
Standards Board must accept and review applications for a Tier 1
teaching license beginning July 1 of the school year for which the license is
requested and must issue or deny the Tier 1 teaching license within 30 days
of receiving the completed application; at the board's discretion, the
board may begin to accept and review applications before July 1.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 30. Minnesota Statutes 2022, section 122A.181, subdivision 5, is amended to read:
Subd. 5. Limitations on license. (a) A Tier 1 license is limited to the content matter indicated on the application for the initial Tier 1 license under subdivision 1, clause (2), and limited to the district or charter school that requested the initial Tier 1 license.
(b) A Tier 1 license does not bring an individual within the definition of a teacher for purposes of section 122A.40, subdivision 1, or 122A.41, subdivision 1, clause (a).
(c) A Tier 1 license does not bring an
individual within the definition of a teacher under section 179A.03,
subdivision 18.
Sec. 31. Minnesota Statutes 2022, section 122A.182, subdivision 1, is amended to read:
Subdivision 1. Requirements. (a) The Professional Educator
Licensing and Standards Board must approve a request from a district or
charter school to issue an application for a Tier 2 license in a
specified content area to a candidate if:
(1) the candidate meets the educational
or professional requirements in paragraph (b) or (c);
(2) the candidate:
(i) has completed the coursework
required under subdivision 2;
(ii) is enrolled in a
Minnesota-approved teacher preparation program; or
(iii) has a master's degree in the
specified content area; and
(3) the district or charter school
demonstrates that a criminal background check under section 122A.18,
subdivision 8, has been completed on the candidate.
(b) A candidate for a Tier 2 license
must have a bachelor's degree to teach a class outside a career and technical
education or career pathways course of study.
(c) A candidate for a Tier 2 license
must have one of the following credentials in a relevant content area to teach
a class or course in a career and technical education or career pathways course
of study:
(1) an associate's degree;
(2) a professional certification; or
(3) five years of relevant work
experience.
(1) the application has been submitted
jointly by the applicant and the district;
(2) the application has been paid for
by the district or the applicant;
(3) the applicant holds a bachelor's
degree, unless specifically exempt by statute or rule;
(4) the district demonstrates that a
criminal background check under section 122A.18, subdivision 8, has been
completed for the applicant; and
(5) the applicant:
(i) has completed a state-approved
teacher preparation program;
(ii) is enrolled in a
Minnesota-approved teacher preparation program; or
(iii) has a master's degree in the
specified content area.
Sec. 32. Minnesota Statutes 2022, section 122A.182, is amended by adding a subdivision to read:
Subd. 2a. Exemptions
from a bachelor's degree. (a)
The following applicants for a Tier 2 license are exempt from the requirement
to hold a bachelor's degree in subdivision 1:
(1) an applicant for a Tier 2 license
to teach career and technical education or career pathways courses of study
when the applicant has:
(i) an associate's degree;
(ii) a professional certification; or
(iii) five years of relevant work
experience;
(2) an applicant for a Tier 2 license
to teach world languages and culture pursuant to Minnesota Rules, part
8710.4950, when the applicant is a native speaker of the language; and
(3) an applicant for a Tier 2 license
in the performing or visual arts pursuant to Minnesota Rules, parts 8710.4300,
dance and theatre; 8710.4310, dance; 8710.4320, theatre; 8710.4650, vocal music
and instrumental music; and 8710.4900, visual arts, when the applicant has at
least five years of relevant work experience.
(b) The Professional Educator Licensing
and Standards Board must adopt rules regarding the qualifications and
determinations for applicants exempt from the requirement to hold a bachelor's
degree in subdivision 1.
Sec. 33. Minnesota Statutes 2022, section 122A.182, is amended by adding a subdivision to read:
Subd. 2b. Temporary
eligibility for renewal. (a)
From July 1, 2023, until June 30, 2024, the Professional Educator Licensing and
Standards Board must approve an application for a Tier 2 license that meets the
coursework requirement under subdivision 2, and other requirements under
subdivision 1, clauses (1), (2), (3), and (4).
(b) For the 2023-2024, 2024-2025, and
2025-2026 school years only, the Professional Educator Licensing and Standards
Board must approve an application to renew a Tier 2 license for an applicant
that met the Tier 2 requirements in effect at the time the first Tier 2 license
was issued. Nothing in this subdivision
modifies the renewal requirements in subdivision 3.
Sec. 34. Minnesota Statutes 2022, section 122A.182, subdivision 4, is amended to read:
Subd. 4. Application. The Professional Educator Licensing and
Standards Board must accept applications for a Tier 2 teaching license
beginning July 1 of the school year for which the license is requested and
must issue or deny the Tier 2 teaching license within 30 days of receiving the
completed application. At the
board's discretion, the board may begin to accept and review applications
before July 1.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 35. Minnesota Statutes 2022, section 122A.183, subdivision 1, is amended to read:
Subdivision
1. Requirements. (a) The Professional Educator Licensing
and Standards Board must issue a Tier 3 license to a candidate an
applicant who provides information sufficient to demonstrate all of the
following:
(1) the candidate meets the educational
or professional requirements in paragraphs (b) and (c);
(2) (1) the candidate
applicant has obtained a passing score on the required licensure exams
under section 122A.185; and
(2) the applicant holds a bachelor's
degree, unless specifically exempt by statute or rule; and
(3) the candidate applicant
has completed the coursework required under subdivision 2.
(b) A candidate for a Tier 3 license
must have a bachelor's degree to teach a class or course outside a career and technical
education or career pathways course of study.
(c) A candidate for a Tier 3 license
must have one of the following credentials in a relevant content area to teach
a class or course in a career and technical education or career pathways course
of study:
(1) an associate's degree;
(2) a professional certification; or
(3) five years of relevant work
experience.
In consultation with the governor's Workforce Development
Board established under section 116L.665, the board must establish a list of
qualifying certifications, and may add additional professional certifications
in consultation with school administrators, teachers, and other stakeholders.
(b) The board must issue a Tier 3
license to an applicant who:
(1) has completed student teaching
comparable to the student teaching expectations in Minnesota;
(2) has obtained a passing score on the
required licensure exams under section 122A.185; and
(3) has completed either:
(i) a teacher preparation program from
a culturally specific Minority Serving Institution in the United States, such
as Historically Black Colleges and Universities, Tribal Colleges and
Universities, or Hispanic-Serving Institutions, including those in Puerto Rico;
or
(ii) a university teacher preparation
program in another country.
Sec. 36. Minnesota Statutes 2022, section 122A.183, subdivision 2, is amended to read:
Subd. 2. Coursework. A candidate An applicant
for a Tier 3 license must meet the coursework requirement by demonstrating one
of the following:
(1) completion of a Minnesota-approved teacher preparation program;
(2) completion of a
state-approved teacher preparation program that includes field-specific student
teaching equivalent to field-specific student teaching in Minnesota-approved
teacher preparation programs. The field‑specific
student teaching requirement does not apply to a candidate an
applicant that has two years of field‑specific teaching
experience;
(3) submission of a content-specific licensure portfolio;
(4) a professional teaching license from
another state, evidence that the candidate's applicant's license
is in good standing, and two years of field-specific teaching
experience; or
(5) three years of teaching experience under a Tier 2 license and evidence of summative teacher evaluations that did not result in placing or otherwise keeping the teacher on an improvement process pursuant to section 122A.40, subdivision 8, or section 122A.41, subdivision 5.
Sec. 37. Minnesota Statutes 2022, section 122A.183, is amended by adding a subdivision to read:
Subd. 2a. Exemptions
from a bachelor's degree. (a)
The following applicants for a Tier 3 license are exempt from the requirement
to hold a bachelor's degree in subdivision 1:
(1) an applicant for a Tier 3 license
to teach career and technical education or career pathways courses of study
when the applicant has:
(i) an associate's degree;
(ii) a professional certification; or
(iii) five years of relevant work
experience;
(2) an applicant for a Tier 3 license
to teach world languages and culture pursuant to Minnesota Rules, part
8710.4950, when the applicant is a native speaker of the language; and
(3) an applicant for a Tier 3 license
in the performing or visual arts pursuant to Minnesota Rules, parts 8710.4300,
dance and theatre; 8710.4310, dance; 8710.4320, theatre; 8710.4650, vocal music
and instrumental music; and 8710.4900, visual arts, when the applicant has at
least five years of relevant work experience.
(b) The Professional Educator Licensing
and Standards Board must adopt rules regarding the qualifications and
determinations for applicants exempt from the requirement to hold a bachelor's
degree in subdivision 1.
Sec. 38. Minnesota Statutes 2022, section 122A.184, subdivision 1, is amended to read:
Subdivision 1. Requirements. The Professional Educator Licensing and
Standards Board must issue a Tier 4 license to a candidate an
applicant who provides information sufficient to demonstrate all of the
following:
(1) the candidate applicant
meets all requirements for a Tier 3 license under section 122A.183, and has
completed a teacher preparation program under section 122A.183, subdivision 2,
clause (1) or (2);
(2) the candidate applicant
has at least three years of field-specific teaching experience in
Minnesota as a teacher of record;
(3)
the candidate applicant has obtained a passing score on all
required licensure exams under section 122A.185; and
(4) the candidate's most recent
summative teacher evaluation did not result in placing or otherwise keeping the
teacher in an improvement process pursuant to section 122A.40, subdivision 8,
or 122A.41, subdivision 5.
(4) if the applicant previously held a
Tier 3 license under section 122A.183, the applicant has completed the renewal
requirements in section 122A.187.
Sec. 39. Minnesota Statutes 2022, section 122A.185, subdivision 1, is amended to read:
Subdivision 1. Tests. (a) The Professional Educator
Licensing and Standards Board must adopt rules requiring a candidate to
demonstrate a passing score on a board-adopted examination of skills in
reading, writing, and mathematics before being granted a Tier 4 teaching
license under section 122A.184 to provide direct instruction to pupils in
elementary, secondary, or special education programs. Candidates may obtain a Tier 1, Tier 2, or
Tier 3 license to provide direct instruction to pupils in elementary,
secondary, or special education programs if candidates meet the other
requirements in section 122A.181, 122A.182, or 122A.183, respectively.
(b) (a) The board must adopt
rules requiring candidates applicants for Tier 3 and Tier 4
licenses to pass an examination or performance assessment of general
pedagogical knowledge and examinations or assessments of licensure field
specific content. An applicant is
exempt from the examination requirements if the applicant completed:
(1) a board-approved teacher preparation program;
(2) licensure via portfolio pursuant to
section 122A.18, subdivision 10, and the portfolio has been approved; or
(3) a state-approved teacher preparation program in another state and passed licensure examinations in that state, if applicable. The content examination requirement does not apply if no relevant content exam exists.
(c) Candidates for initial Tier 3 and
Tier 4 licenses to teach elementary students must pass test items assessing the
candidates' knowledge, skill, and ability in comprehensive, scientifically
based reading instruction under section 122A.06, subdivision 4, knowledge and
understanding of the foundations of reading development, development of reading
comprehension and reading assessment and instruction, and the ability to
integrate that knowledge and understanding into instruction strategies under
section 122A.06, subdivision 4.
(d) The requirement to pass a
board-adopted reading, writing, and mathematics skills examination does not
apply to nonnative English speakers, as verified by qualified Minnesota school
district personnel or Minnesota higher education faculty, who, after meeting
the content and pedagogy requirements under this subdivision, apply for a
teaching license to provide direct instruction in their native language or
world language instruction under section 120B.022, subdivision 1.
(b) All testing centers in the state
must provide monthly opportunities for untimed content and pedagogy
examinations. These opportunities must
be advertised on the test registration website.
The board must require the exam vendor to provide other equitable
opportunities to pass exams, including: (1)
waiving testing fees for test takers who qualify for federal grants; (2)
providing free, multiple, full-length practice tests for each exam and free,
comprehensive study guides on the test registration website; (3) making content
and pedagogy exams available in languages other than English for teachers
seeking licensure to teach in language immersion programs; and (4) providing
free, detailed exam results analysis by test objective to assist applicants who
do not pass an exam in identifying areas for improvement. Any applicant who has not passed a required
exam after two attempts must be allowed to retake the exam, including new
versions of the exam, without being charged an additional fee.
Sec. 40. Minnesota Statutes 2022, section 122A.185, subdivision 4, is amended to read:
Subd. 4. Remedial
assistance. (a) A board-approved
teacher preparation program must make available upon request remedial
assistance that includes a formal diagnostic component to persons enrolled in
their institution who did not achieve a qualifying score on a board-adopted
skills examination, including those for whom English is a second language. The teacher preparation programs must make
available assistance in the specific academic areas of candidates' deficiency.
(b) School districts may make
available upon request similar, appropriate, and timely remedial
assistance that includes a formal diagnostic component to those persons
employed by the district who completed their teacher education program, who
did not achieve a qualifying score on a board-adopted skills examination, and
who received a Tier 1, Tier 2, or Tier 3 license under section 122A.181,
122A.182, or 122A.183, respectively, to teach in Minnesota.
Sec. 41. Minnesota Statutes 2022, section 122A.187, subdivision 1, is amended to read:
Subdivision 1. License
form requirements. Each license
issued under this chapter must bear the date of issue and the name of the
state-approved teacher training provider or alternative teaching program, as
applicable. Licenses must expire and be
renewed according to rules adopted by the Professional Educator Licensing and
Standards Board or the Board of School Administrators. The rules adopted by the Professional
Educator Licensing and Standards Board for renewing a Tier 3 or Tier 4 license
under sections 122A.183 and 122A.184, respectively, must include showing
satisfactory evidence of successful teaching or administrative experience for
at least one school year during the period covered by the license in grades or
subjects for which the license is valid or completing such additional
preparation as required under this section, or as the Professional Educator
Licensing and Standards Board prescribes.
The Board of School Administrators shall establish requirements for
renewing the licenses of supervisory personnel except athletic coaches. The Professional Educator Licensing and
Standards Board shall establish requirements for renewing the licenses of
athletic coaches.
Sec. 42. Minnesota Statutes 2022, section 122A.187, is amended by adding a subdivision to read:
Subd. 7. American
Indian history and culture. The
Professional Educator Licensing and Standards Board must adopt rules that
require all licensed teachers renewing their license under sections 122A.181 to
122A.184 to include in the renewal requirements professional development in the
cultural heritage and contemporary contributions of American Indians, with
particular emphasis on Minnesota Tribal Nations.
Sec. 43. Minnesota Statutes 2022, section 122A.19, subdivision 4, is amended to read:
Subd. 4. Teacher
preparation programs. (a) For the
purpose of licensing bilingual and English as a second language teachers, the
board may approve teacher preparation programs at colleges or
universities designed for their training.
(b) Programs that prepare English as a second language teachers must provide instruction in implementing research-based practices designed specifically for English learners. The programs must focus on developing English learners' academic language proficiency in English, including oral academic language, giving English learners meaningful access to the full school curriculum, developing culturally relevant teaching practices appropriate for immigrant students, and providing more intensive instruction and resources to English learners with lower levels of academic English proficiency and varied needs, consistent with section 124D.59, subdivisions 2 and 2a.
Sec. 44. Minnesota Statutes 2022, section 122A.26, subdivision 2, is amended to read:
Subd. 2. Exceptions. (a) A person who teaches in a
community education program which that qualifies for aid pursuant
to section 124D.52 shall continue to meet licensure requirements as a teacher. A person who teaches in an early childhood
and family education program which that is offered through a
community education program and which that qualifies for
community education aid pursuant to section 124D.20 or early childhood and
family education aid pursuant to section 124D.135 shall continue to meet
licensure requirements as a teacher. A
person who teaches in a community education course which that is
offered for credit for graduation to persons under 18 years of age shall
continue to meet licensure requirements as a teacher.
(b) A person who teaches a driver
training course which that is offered through a community
education program to persons under 18 years of age shall be licensed by the
Professional Educator Licensing and Standards Board or be subject to section
171.35. A license which that
is required for an instructor in a community education program pursuant to this
subdivision paragraph shall not be construed to bring an
individual within the definition of a teacher for purposes of section 122A.40,
subdivision 1, or 122A.41, subdivision 1, clause paragraph (a).
Sec. 45. Minnesota Statutes 2022, section 122A.40, subdivision 3, is amended to read:
Subd. 3. Hiring, dismissing. (a) School boards must hire or dismiss teachers at duly called meetings. Where a husband and wife, brother and sister, or two brothers or sisters, constitute a quorum, no contract employing a teacher shall be made or authorized except upon the unanimous vote of the full board. A teacher related by blood or marriage, within the fourth degree, computed by the civil law, to a board member shall not be employed except by a unanimous vote of the full board. The initial employment of the teacher in the district must be by written contract, signed by the teacher and by the chair and clerk. All subsequent employment of the teacher in the district must be by written contract, signed by the teacher and by the chair and clerk, except where there is a master agreement covering the employment of the teacher. Contracts for teaching or supervision of teaching can be made only with qualified teachers. A teacher shall not be required to reside within the employing district as a condition to teaching employment or continued teaching employment.
(b) A school district must annually
report to the Professional Educator Licensing and Standards Board: (1) all new teacher hires and terminations,
including layoffs, by race and ethnicity; and (2) the reasons for all teacher
resignations and requested leaves of absence.
The report must not include data that would personally identify
individuals.
Sec. 46. Minnesota Statutes 2022, section 122A.40, subdivision 5, is amended to read:
Subd. 5. Probationary
period. (a) The first three
consecutive years of a teacher's first teaching experience in Minnesota in a
single district is are deemed to be a probationary period of
employment, and, the probationary period in each district in which the teacher
is thereafter employed shall be one year.
The school board must adopt a plan for written evaluation of teachers
during the probationary period that is consistent with subdivision 8. Evaluation must occur at least three times
periodically throughout each school year for a teacher performing services
during that school year; the first evaluation must occur within the first 90
days of teaching service. Days devoted
to parent‑teacher conferences, teachers' workshops, and other staff
development opportunities and days on which a teacher is absent from school
must not be included in determining the number of school days on which a
teacher performs services. Except as
otherwise provided in paragraph (b), during the probationary period any annual
contract with any teacher may or may not be renewed as the school board shall
see fit. However, the board must give
any such teacher whose contract it declines to renew for the following school
year written notice to that effect before July 1. If the teacher requests reasons for any
nonrenewal of a teaching contract, the board must give the teacher its reason
in writing, including a statement that appropriate supervision was furnished
describing the nature
and the extent of such supervision furnished the teacher during the employment by the board, within ten days after receiving such request. The school board may, after a hearing held upon due notice, discharge a teacher during the probationary period for cause, effective immediately, under section 122A.44.
(b) A board must discharge a probationary teacher, effective immediately, upon receipt of notice under section 122A.20, subdivision 1, paragraph (b), that the teacher's license has been revoked due to a conviction for child abuse or sexual abuse.
(c) A probationary teacher whose first three years of consecutive employment are interrupted for active military service and who promptly resumes teaching consistent with federal reemployment timelines for uniformed service personnel under United States Code, title 38, section 4312(e), is considered to have a consecutive teaching experience for purposes of paragraph (a).
(d) A probationary teacher whose first three years of consecutive employment are interrupted for maternity, paternity, or medical leave and who resumes teaching within 12 months of when the leave began is considered to have a consecutive teaching experience for purposes of paragraph (a) if the probationary teacher completes a combined total of three years of teaching service immediately before and after the leave.
(e) A probationary teacher must complete
at least 120 90 days of teaching service each year during the
probationary period. Days devoted to
parent-teacher conferences, teachers' workshops, and other staff development
opportunities and days on which a teacher is absent from school do not count as
days of teaching service under this paragraph.
(f) Notwithstanding any law to the
contrary, a teacher who has taught for three consecutive years in a single
school district or single charter school in Minnesota or another state must
serve a probationary period of no longer than one year in a Minnesota school
district.
EFFECTIVE
DATE. This section is
effective for collective bargaining agreements effective July 1, 2023, and
thereafter.
Sec. 47. Minnesota Statutes 2022, section 122A.40, subdivision 8, is amended to read:
Subd. 8. Development, evaluation, and peer coaching for continuing contract teachers. (a) To improve student learning and success, a school board and an exclusive representative of the teachers in the district, consistent with paragraph (b), may develop a teacher evaluation and peer review process for probationary and continuing contract teachers through joint agreement. If a school board and the exclusive representative of the teachers do not agree to an annual teacher evaluation and peer review process, then the school board and the exclusive representative of the teachers must implement the state teacher evaluation plan under paragraph (c). The process must include having trained observers serve as peer coaches or having teachers participate in professional learning communities, consistent with paragraph (b).
(b) To develop, improve, and support qualified teachers and effective teaching practices, improve student learning and success, and provide all enrolled students in a district or school with improved and equitable access to more effective and diverse teachers, the annual evaluation process for teachers:
(1) must, for probationary teachers, provide for all evaluations required under subdivision 5;
(2) must establish a three-year professional review cycle for each teacher that includes an individual growth and development plan, a peer review process, and at least one summative evaluation performed by a qualified and trained evaluator such as a school administrator. For the years when a tenured teacher is not evaluated by a qualified and trained evaluator, the teacher must be evaluated by a peer review;
(3) must be based on
professional teaching standards established in rule include a rubric of
performance standards for teacher practice that: (i) is based on professional teaching
standards established in rule; (ii) includes culturally responsive
methodologies; and (iii) provides common descriptions of effectiveness using at
least three levels of performance;
(4) must coordinate staff development activities under sections 122A.60 and 122A.61 with this evaluation process and teachers' evaluation outcomes;
(5) may provide time during the school day and school year for peer coaching and teacher collaboration;
(6) may include job-embedded learning opportunities such as professional learning communities;
(7) may include mentoring and induction programs for teachers, including teachers who are members of populations underrepresented among the licensed teachers in the district or school and who reflect the diversity of students under section 120B.35, subdivision 3, paragraph (b), clause (2), who are enrolled in the district or school;
(8) must include an option for teachers to develop and present a portfolio demonstrating evidence of reflection and professional growth, consistent with section 122A.187, subdivision 3, and include teachers' own performance assessment based on student work samples and examples of teachers' work, which may include video among other activities for the summative evaluation;
(9) must use data from valid and reliable assessments aligned to state and local academic standards and must use state and local measures of student growth and literacy that may include value-added models or student learning goals to determine 35 percent of teacher evaluation results;
(10) must use longitudinal data on student engagement and connection, and other student outcome measures explicitly aligned with the elements of curriculum for which teachers are responsible, including academic literacy, oral academic language, and achievement of content areas of English learners;
(11) must require qualified and trained evaluators such as school administrators to perform summative evaluations and ensure school districts and charter schools provide for effective evaluator training specific to teacher development and evaluation;
(12) must give teachers not meeting professional teaching standards under clauses (3) through (11) support to improve through a teacher improvement process that includes established goals and timelines; and
(13) must discipline a teacher for not making adequate progress in the teacher improvement process under clause (12) that may include a last chance warning, termination, discharge, nonrenewal, transfer to a different position, a leave of absence, or other discipline a school administrator determines is appropriate.
Data on individual teachers generated under this subdivision are personnel data under section 13.43. The observation and interview notes of peer coaches may only be disclosed to other school officials with the consent of the teacher being coached.
(c) The department, in consultation with parents who may represent parent organizations and teacher and administrator representatives appointed by their respective organizations, representing the Professional Educator Licensing and Standards Board, the Minnesota Association of School Administrators, the Minnesota School Boards Association, the Minnesota Elementary and Secondary Principals Associations, Education Minnesota, and representatives of the Minnesota Assessment Group, the Minnesota Business Partnership, the Minnesota Chamber of Commerce, and Minnesota postsecondary institutions with research expertise in teacher evaluation, must create and publish a teacher evaluation process that complies with the requirements in paragraph (b) and applies to all teachers
under this section and section 122A.41 for whom no agreement exists under paragraph (a) for an annual teacher evaluation and peer review process. The teacher evaluation process created under this subdivision does not create additional due process rights for probationary teachers under subdivision 5.
(d) Consistent with the measures of teacher effectiveness under this subdivision:
(1) for students in kindergarten through grade 4, a school administrator must not place or approve the placement of a student in the classroom of a teacher who is in the improvement process referenced in paragraph (b), clause (12), or has not had a summative evaluation if, in the prior year, that student was in the classroom of a teacher who received discipline pursuant to paragraph (b), clause (13), unless no other teacher at the school teaches that grade; and
(2) for students in grades 5 through 12, a school administrator must not place or approve the placement of a student in the classroom of a teacher who is in the improvement process referenced in paragraph (b), clause (12), or has not had a summative evaluation if, in the prior year, that student was in the classroom of a teacher who received discipline pursuant to paragraph (b), clause (13), unless no other teacher at the school teaches that subject area and grade.
All data created and used under this paragraph retains its classification under chapter 13.
EFFECTIVE
DATE. This section is
effective July 1, 2025.
Sec. 48. Minnesota Statutes 2022, section 122A.41, subdivision 2, is amended to read:
Subd. 2. Probationary
period; discharge or demotion. (a) All
teachers in the public schools in cities of the first class during the first
three years of consecutive employment shall be deemed to be in a probationary
period of employment during which period any annual contract with any teacher
may, or may not, be renewed as the school board, after consulting with the peer
review committee charged with evaluating the probationary teachers under
subdivision 3, shall see fit. The
first three consecutive years of a teacher's first teaching experience in
Minnesota in a single district are deemed to be a probationary period of
employment, and the probationary period in each district in which the teacher
is thereafter employed shall be one year.
The school site management team or the school board if there is no
school site management team, shall adopt a plan for a written evaluation of
teachers during the probationary period according to subdivisions 3 and 5. Evaluation by the peer review committee
charged with evaluating probationary teachers under subdivision 3 shall occur
at least three times periodically throughout each school year for a teacher
performing services during that school year; the first evaluation must occur
within the first 90 days of teaching service.
Days devoted to parent-teacher conferences, teachers' workshops, and
other staff development opportunities and days on which a teacher is absent
from school shall not be included in determining the number of school days on
which a teacher performs services. The
school board may, during such probationary period, discharge or demote a
teacher for any of the causes as specified in this code. A written statement of the cause of such
discharge or demotion shall be given to the teacher by the school board at
least 30 days before such removal or demotion shall become effective, and the
teacher so notified shall have no right of appeal therefrom.
(b) A probationary teacher whose first three years of consecutive employment are interrupted for active military service and who promptly resumes teaching consistent with federal reemployment timelines for uniformed service personnel under United States Code, title 38, section 4312(e), is considered to have a consecutive teaching experience for purposes of paragraph (a).
(c) A probationary teacher whose first three years of consecutive employment are interrupted for maternity, paternity, or medical leave and who resumes teaching within 12 months of when the leave began is considered to have a consecutive teaching experience for purposes of paragraph (a) if the probationary teacher completes a combined total of three years of teaching service immediately before and after the leave.
(d) A probationary teacher must
complete at least 120 90 days of teaching service each year
during the probationary period. Days
devoted to parent-teacher conferences, teachers' workshops, and other staff
development opportunities and days on which a teacher is absent from school do
not count as days of teaching service under this paragraph.
(e) Notwithstanding any law to the
contrary, a teacher who has taught for three consecutive years in a single
school district or single charter school in Minnesota or another state must
serve a probationary period of no longer than one year in a Minnesota school
district.
EFFECTIVE
DATE. This section is
effective for collective bargaining agreements effective July 1, 2023, and
thereafter.
Sec. 49. Minnesota Statutes 2022, section 122A.41, subdivision 5, is amended to read:
Subd. 5. Development, evaluation, and peer coaching for continuing contract teachers. (a) To improve student learning and success, a school board and an exclusive representative of the teachers in the district, consistent with paragraph (b), may develop an annual teacher evaluation and peer review process for probationary and nonprobationary teachers through joint agreement. If a school board and the exclusive representative of the teachers in the district do not agree to an annual teacher evaluation and peer review process, then the school board and the exclusive representative of the teachers must implement the state teacher evaluation plan developed under paragraph (c). The process must include having trained observers serve as peer coaches or having teachers participate in professional learning communities, consistent with paragraph (b).
(b) To develop, improve, and support qualified teachers and effective teaching practices and improve student learning and success, and provide all enrolled students in a district or school with improved and equitable access to more effective and diverse teachers, the annual evaluation process for teachers:
(1) must, for probationary teachers, provide for all evaluations required under subdivision 2;
(2) must establish a three-year professional review cycle for each teacher that includes an individual growth and development plan, a peer review process, and at least one summative evaluation performed by a qualified and trained evaluator such as a school administrator;
(3) must be based on professional teaching
standards established in rule include a rubric of performance standards
for teacher practice that: (i) is based
on professional teaching standards established in rule; (ii) includes
culturally responsive methodologies; and (iii) provides common descriptions of
effectiveness using at least three levels of performance;
(4) must coordinate staff development activities under sections 122A.60 and 122A.61 with this evaluation process and teachers' evaluation outcomes;
(5) may provide time during the school day and school year for peer coaching and teacher collaboration;
(6) may include job-embedded learning opportunities such as professional learning communities;
(7) may include mentoring and induction programs for teachers, including teachers who are members of populations underrepresented among the licensed teachers in the district or school and who reflect the diversity of students under section 120B.35, subdivision 3, paragraph (b), clause (2), who are enrolled in the district or school;
(8) must include an option for teachers to develop and present a portfolio demonstrating evidence of reflection and professional growth, consistent with section 122A.187, subdivision 3, and include teachers' own performance assessment based on student work samples and examples of teachers' work, which may include video among other activities for the summative evaluation;
(9) must use data from valid and reliable assessments aligned to state and local academic standards and must use state and local measures of student growth and literacy that may include value-added models or student learning goals to determine 35 percent of teacher evaluation results;
(10) must use longitudinal data on student engagement and connection and other student outcome measures explicitly aligned with the elements of curriculum for which teachers are responsible, including academic literacy, oral academic language, and achievement of English learners;
(11) must require qualified and trained evaluators such as school administrators to perform summative evaluations and ensure school districts and charter schools provide for effective evaluator training specific to teacher development and evaluation;
(12) must give teachers not meeting professional teaching standards under clauses (3) through (11) support to improve through a teacher improvement process that includes established goals and timelines; and
(13) must discipline a teacher for not making adequate progress in the teacher improvement process under clause (12) that may include a last chance warning, termination, discharge, nonrenewal, transfer to a different position, a leave of absence, or other discipline a school administrator determines is appropriate.
Data on individual teachers generated under this subdivision are personnel data under section 13.43. The observation and interview notes of peer coaches may only be disclosed to other school officials with the consent of the teacher being coached.
(c) The department, in consultation with parents who may represent parent organizations and teacher and administrator representatives appointed by their respective organizations, representing the Professional Educator Licensing and Standards Board, the Minnesota Association of School Administrators, the Minnesota School Boards Association, the Minnesota Elementary and Secondary Principals Associations, Education Minnesota, and representatives of the Minnesota Assessment Group, the Minnesota Business Partnership, the Minnesota Chamber of Commerce, and Minnesota postsecondary institutions with research expertise in teacher evaluation, must create and publish a teacher evaluation process that complies with the requirements in paragraph (b) and applies to all teachers under this section and section 122A.40 for whom no agreement exists under paragraph (a) for an annual teacher evaluation and peer review process. The teacher evaluation process created under this subdivision does not create additional due process rights for probationary teachers under subdivision 2.
(d) Consistent with the measures of teacher effectiveness under this subdivision:
(1) for students in kindergarten through grade 4, a school administrator must not place or approve the placement of a student in the classroom of a teacher who is in the improvement process referenced in paragraph (b), clause (12), or has not had a summative evaluation if, in the prior year, that student was in the classroom of a teacher who received discipline pursuant to paragraph (b), clause (13), unless no other teacher at the school teaches that grade; and
(2) for students in grades 5 through 12, a school administrator must not place or approve the placement of a student in the classroom of a teacher who is in the improvement process referenced in paragraph (b), clause (12), or has not had a summative evaluation if, in the prior year, that student was in the classroom of a teacher who received discipline pursuant to paragraph (b), clause (13), unless no other teacher at the school teaches that subject area and grade.
All data created and used under this paragraph retains its classification under chapter 13.
EFFECTIVE
DATE. This section is
effective July 1, 2025.
Sec. 50. Minnesota Statutes 2022, section 122A.41, is amended by adding a subdivision to read:
Subd. 16. Reporting
of hires and terminations. A
school district must annually report to the Professional Educator Licensing and
Standards Board: (1) all new teacher
hires and terminations, including layoffs, by race and ethnicity; and (2) the
reasons for all teacher resignations and requested leaves of absence. The report must not include data that would
personally identify individuals.
Sec. 51. Minnesota Statutes 2022, section 122A.415, subdivision 4, is amended to read:
Subd. 4. Basic alternative teacher compensation aid. (a) The basic alternative teacher compensation aid for a school with a plan approved under section 122A.414, subdivision 2b, equals 65 percent of the alternative teacher compensation revenue under subdivision 1. The basic alternative teacher compensation aid for a charter school with a plan approved under section 122A.414, subdivisions 2a and 2b, equals $260 times the number of pupils enrolled in the school on October 1 of the previous year, or on October 1 of the current year for a charter school in the first year of operation, times the ratio of the sum of the alternative teacher compensation aid and alternative teacher compensation levy for all participating school districts to the maximum alternative teacher compensation revenue for those districts under subdivision 1.
(b) Notwithstanding paragraph (a) and
subdivision 1, the state total basic alternative teacher compensation aid
entitlement must not exceed $75,840,000 for fiscal year 2016 and
$88,118,000 for fiscal year 2017 2023; $88,461,000 for fiscal year
2024; $88,461,000 for fiscal year 2025; and $89,486,000 for fiscal year 2026
and later. The commissioner must limit
the amount of alternative teacher compensation aid approved under this section
so as not to exceed these limits by not approving new participants or by
prorating the aid among participating districts, intermediate school districts,
school sites, and charter schools. The
commissioner may also reallocate a portion of the allowable aid for the
biennium from the second year to the first year to meet the needs of approved
participants.
(c) Basic alternative teacher compensation aid for an intermediate district or other cooperative unit equals $3,000 times the number of licensed teachers employed by the intermediate district or cooperative unit on October 1 of the previous school year.
Sec. 52. [122A.441]
SHORT-CALL SUBSTITUTE TEACHER PILOT PROGRAM.
(a) A school district or charter school
and applicant may jointly request the Professional Educator Licensing and
Standards Board approve an application for a short-call substitute teaching
license. The application information
must sufficiently demonstrate the following:
(1) the applicant:
(i) holds a minimum of an associate's
degree or equivalent and has or will receive substitute training from the
school district or charter school; or
(ii) holds a minimum of a high school
diploma or equivalent and has been employed as an education support personnel
or paraprofessional within the district or charter school for at least one
academic year; and
(2) the school district or charter
school has obtained the results of a background check completed in accordance
with section 123B.03.
(b) The Professional Educator Licensing
and Standards Board may issue a temporary teaching license under this section
pending a background check under section 122A.18, subdivision 8, and may
immediately suspend or revoke the license upon receiving background check
information. An applicant submitting an
application for a short-call substitute teaching license in accordance with
section 122A.18, subdivision 7a, paragraph (a), must not be required to
complete a joint application with a district and must not be issued a license
pending a background check under section 122A.18, subdivision 8.
(c) The board may prioritize
short-call substitute teaching license applications to expedite the review
process.
(d) A school district or charter school
must provide a substitute teacher who receives a substitute teaching license
through the pilot program with substitute teacher training. The board may remove a school district or
charter school from the pilot program for failure to provide the required
training.
(e) A school district or charter school
must not require an employee to apply for a substitute teaching license, or
retaliate against an employee that does not apply for a substitute teaching
license under the pilot program.
(f) A school district or charter school
must compensate an employee working as a short-call substitute teacher under
the pilot program with the greater of $200 per day or the employee's regular
rate of pay.
(g) This section expires on June 30,
2025.
EFFECTIVE
DATE. This section is
effective for the 2023-2024 and 2024-2025 school years only.
Sec. 53. Minnesota Statutes 2022, section 122A.59, is amended to read:
122A.59
COME TEACH IN MINNESOTA HIRING BONUSES.
Subdivision 1. Purpose. This section establishes a program to
support districts and schools recruiting and offering hiring bonuses for licensed
teachers who are American Indian or a person of color from another state or
country in order to meet staffing needs in shortage areas in economic
development regions in Minnesota.
Subd. 2. Eligibility. A district or school must verify that the
hiring bonus is given to teachers licensed in persons from
another state or country who:
(1) immediately qualify for a Tier 3
or Tier 4 2 or higher Minnesota license;
(2) have moved to the economic
development region in Minnesota where they were hired; and
(3) belong to a racial or ethnic group that is underrepresented among teachers compared to students in the district or school under section 120B.35, subdivision 3, paragraph (b), clause (2).
Subd. 3. Bonus
amount. A district or school may
offer a signing hiring and retention bonus of a minimum of $2,500
$4,000 and a maximum of $5,000 $8,000 to a teacher who
meets the eligibility requirements. A
teacher who meets the eligibility requirements and meets a licensure shortage
area in the economic development region of the state where the school is
located may be offered a signing hiring bonus of a minimum of $4,000
$5,000 and a maximum of $8,000 $10,000. A teacher must be paid half of the bonus when
starting employment and half after completing four years of service in the
hiring district or school if the teacher has demonstrated teaching effectiveness
and is not on a professional improvement plan under section 122A.40,
subdivision 8, paragraph (b), clause (12) or (13), or section 122A.41,
subdivision 5, paragraph (b), clause (12) or (13), or is not being considered
for termination for a reason listed in section 122A.40, subdivision 9,
including a teacher hired by a school district located in a city of the first
class. A teacher who does not complete
their first school year upon receiving a hiring bonus must repay the hiring
bonus. A teacher must have a Tier 3
or Tier 4 Minnesota teaching license to qualify for the second half of the
bonus. A district must prorate the
second half of the bonus if the eligible teacher is nonrenewed due to reasons
not having to do with teaching effectiveness or misconduct.
Subd. 4. Administration. (a) The commissioner must establish a process for districts or schools to seek reimbursement for hiring bonuses given to teachers in shortage areas moving to and working in Minnesota schools experiencing specific shortages. The commissioner must provide guidance for districts to seek repayment of a
hiring bonus from a teacher who does not complete the first year of employment. The department may conduct a pilot program with a small number of teachers during the 2022-2023 biennium to establish feasibility. The department must submit a report by December 1, 2022, to the chairs and ranking minority members of the legislative committees with jurisdiction over kindergarten through grade 12 education detailing the effectiveness of the program and recommendations for improvement in future years.
(b) The commissioner may award
participating districts and schools additional funds to administer the program,
including out-of-state recruiting efforts and retention activities. The commissioner may allow participating
districts and schools to reserve up to five percent of Come Teach in Minnesota
funding to administer the program, including for out-of-state recruiting
efforts and retention activities.
Subd. 5. Come Teach in Minnesota Hiring Bonus program account. (a) An account is established in the special revenue fund known as the "Come Teach in Minnesota Hiring Bonus program account."
(b) Funds appropriated for the Come Teach in Minnesota Hiring Bonus program under this section must be transferred to the Come Teach in Minnesota Hiring Bonus program account in the special revenue fund.
(c) Money in the account is annually appropriated to the commissioner for hiring bonuses under this section. Any returned funds are available to be regranted.
(d) Up to $35,000 annually is appropriated to the commissioner for costs associated with developing and administering the program under this section.
EFFECTIVE
DATE. The amendment to
subdivision 2 is effective retroactively from July 1, 2022. The amendments to subdivisions 1, 3, and 4
are effective the day following final enactment.
Sec. 54. [122A.631]
SUPPORTING HERITAGE LANGUAGE AND CULTURE TEACHERS.
Subdivision 1. Purpose. The purpose of this section is to
increase the number of heritage language and culture teachers in Minnesota.
Subd. 2. Definitions. "Heritage language and culture teachers" means teachers with a connection to a community's language and culture who use this connection to support students as they learn academic content or the language and culture of that particular community.
Subd. 3. Eligibility. Applicants for the heritage language
and culture licensure pathway program must:
(1) hold a current license issued by
the Professional Educator Licensing and Standards Board or meet the criteria
for licensure in 122A.181; and
(2) seek initial, dual, or additional
licensure in a heritage language.
Subd. 4. Heritage
language and culture teacher licensure pathway program. (a) The Professional Educator
Licensing and Standards Board shall develop a program to support initial and
additional licensure for heritage language and culture teachers. The program must include:
(1) a yearlong mentorship program;
(2) monthly meetings where applicants
receive guidance on completing the portfolio process from a portfolio liaison,
dedicated specifically to facilitating this program;
(3) a stipend to cover
substitute teachers when meetings take place during the school day;
(4) a waiver for all portfolio and
licensure testing fees; and
(5) a portfolio review committee
created by the board.
(b) For applicants seeking an initial
license in a world language and culture, the applicant must demonstrate meeting
the standards of effective practice in Minnesota Rules, part 8710.2000 and
content-specific pedagogical standards in Minnesota Rules, part 8710.4950,
through the portfolio process.
(c) For applicants seeking a dual
license, the applicant must demonstrate meeting the standards of effective
practice in Minnesota Rules, part 8710.2000, content-specific pedagogical
standards in Minnesota Rules, part 8710.4950, and all standards for the chosen
dual license through the portfolio process.
(d) For applicants seeking an
additional license in a world language and culture, the applicant must
demonstrate meeting the content-specific pedagogical standards in Minnesota
Rules, part 8710.4950.
Subd. 5. Heritage
language and culture educators seeking a world language license. Heritage language and culture teachers
seeking a world language and culture license pursuant to Minnesota Rules, part
8710.4950, who demonstrate proficiency through one of the following may use
this proficiency to evidence meeting the required content-specific world
language and culture standards, which do not include content-specific
pedagogical standards, for licensure in their heritage language:
(1) passing a board-adopted assessment;
(2) holding a certificate to serve as a
translator or interpreter; or
(3) completing an undergraduate or postbaccalaureate
degree from an accredited university where the majority of coursework was
taught via the non-English instructional language.
Sec. 55. Minnesota Statutes 2022, section 122A.635, is amended to read:
122A.635
COLLABORATIVE URBAN AND GREATER MINNESOTA EDUCATORS OF COLOR GRANT PROGRAM.
Subdivision 1. Establishment. The Professional Educator Licensing and Standards Board must award competitive grants to increase the number of teacher candidates who are of color or who are American Indian, complete teacher preparation programs, and meet the requirements for a Tier 3 license under section 122A.183. Eligibility for a grant under this section is limited to public or private higher education institutions that offer a teacher preparation program approved by the Professional Educator Licensing and Standards Board.
Subd. 2. Competitive grants. (a) The Professional Educator Licensing and Standards Board must award competitive grants to a variety of higher education institution types under this section. The board must require an applicant institution to submit a plan describing how it would use grant funds to increase the number of teachers who are of color or who are American Indian, and must award grants based on the following criteria, listed in descending order of priority:
(1) the number of teacher candidates
being supported in the program who are of color or who are American Indian;
(2) (1) program
outcomes, including graduation or program completion rates, and
licensure recommendation rates, and placement rates for
candidates who are of color or who are American Indian compared to all
candidates enrolled in a teacher preparation program at the institution
and, for each outcome measure, the number of those teacher candidates who
are of color or who are American Indian; and
(3) the percent of racially and
ethnically diverse teacher candidates enrolled in the institution compared to:
(i) the total percent of students of
color and American Indian students enrolled at the institution, regardless of
major; and
(ii) the percent of underrepresented
racially and ethnically diverse teachers in the economic development region of
the state where the institution is located and where a shortage of diverse
teachers exists, as reported under section 122A.091, subdivision 5.
(2) the extent to which an
institution's plan is clear in describing how the institution would use grant
funds for implementing explicit research-based practices to provide
programmatic support to teacher candidates who are of color or who are American
Indian. Plans for grant funds may
include:
(i) recruiting more racially and
ethnically diverse candidates for admission to teacher preparation programs;
(ii) providing differentiated advising,
mentoring, or other supportive community-building activities in addition to
what the institution provides to all candidates enrolled in the institution;
(iii) providing academic tutoring or
support to help teacher candidates pass required assessments; and
(iv) providing for program staffing
expenses;
(3) an institution's plan to provide
direct financial assistance as scholarships or stipends within the allowable
dollar range determined by the board under subdivision 3, paragraph (b), to
teacher candidates who are of color or who are American Indian;
(b) The board must give priority in
awarding grants under this section to institutions that received grants under
Laws 2017, First Special Session chapter 5, article 2, section 57, subdivision
27, and have demonstrated continuing success at recruiting, retaining,
graduating, and inducting (4) whether the institution has previously
received a competitive grant under this section and has demonstrated positive
outcomes from the use of grant funds for efforts helping teacher candidates
who are of color or who are American Indian. to enroll in and
successfully complete teacher preparation programs and be recommended for
licensure;
(5) geographic diversity among the
institutions. In order to expand the
number of grant recipients throughout the state, whenever there is at least a
20 percent increase in the base appropriation for this grant program, the board
must prioritize awarding grants to institutions outside of the Twin Cities
metropolitan area. If the board
awards a competitive grant based on the criteria in paragraph (a) to a
program that has not previously received funding, the board must thereafter
give priority to the program equivalent to other programs given priority
under this paragraph. that have
received grants and demonstrated positive outcomes; and
(6) the percentage of racially and
ethnically diverse teacher candidates enrolled in the institution compared to:
(i) the aggregate percentage of
students of color and American Indian students enrolled in the institution,
regardless of major; and
(ii) the percentage of
underrepresented racially and ethnically diverse teachers in the economic
development region of the state where the institution is located and where a
shortage of diverse teachers exists, as reported under section 122A.091,
subdivision 5.
(b) The board must not penalize an
applicant institution in the grant review process for using grant funds only to
provide direct financial support to teacher candidates if that is the
institution's priority and the institution uses other resources to provide
programmatic support to candidates.
(c) The board must determine award amounts
for development, maintenance and, or expansion of programs
based only on the degree to which applicants meet the criteria in
this subdivision, the number of candidates who are of color or who are
American Indian supported by an applicant program, sustaining support
for those candidates, and funds available.
(d) The board must determine grant
awards in part by multiplying the number of teacher candidates to be provided
direct financial assistance by the average amount the institution proposes per
candidate that is within the allowable dollar range. After assessing an institution's adherence to
grant criteria and funds available, the board may grant an institution a lower
average amount per candidate and the institution may decide to award less per
candidate or provide financial assistance to fewer candidates within the
allowable range. Additionally, an
institution may use up to 25 percent of the awarded grant funds to provide
programmatic support as described in paragraph (a), clause (3). If the board does not award an applicant
institution's full request, the board must allow the institution to modify how
it uses grant funds to maximize program outcomes consistent with the
requirements of this section.
Subd. 3. Grant program administration. (a) The Professional Educator Licensing and Standards Board may enter into an interagency agreement with the Office of Higher Education. The agreement may include a transfer of funds to the Office of Higher Education to help establish and administer the competitive grant process. The board must award grants to institutions located in various economic development regions throughout the state, but must not predetermine the number of institutions to be awarded grants under this section or set a limit for the amount that any one institution may receive as part of the competitive grant application process.
(b) The board must establish a standard
allowable dollar range for the amount of direct financial assistance an
applicant institution may provide to each candidate. To determine the range, the board may collect
de-identified data from institutions that received a grant during the previous grant
period and calculate the average scholarship amount awarded to all candidates
across all institutions using the most recent fiscal year data available. The calculation may be used to determine a
scholarship range that is no more than 25 percent of this amount and no less
than half the average of this amount. The
purpose of direct financial assistance is to assist candidates matriculating
through completing licensure programs if they demonstrate financial need after
considering other grants and scholarships provided.
(c) All grants must be awarded by
August 15 of the fiscal year in which the grants are to be used except that,
for initial competitive grants awarded for fiscal year 2020, grants must be
awarded by September 15. An
institution that receives a grant under this section may use the grant funds
over a two- to four-year period to sustain support for teacher
candidates at any stage from recruitment and program admission to graduation
and licensure application.
Subd. 4. Report. (a) By January August 15 of
each year, an institution awarded a grant under this section must prepare for
the legislature and the board a detailed report regarding the
expenditure of grant funds, including the amounts used to recruit, retain, and induct
support teacher candidates of color or who are American Indian teacher
candidates to complete programs and be recommended for licensure. The report must include:
(1) the total number of teacher
candidates of color, disaggregated by race or ethnic group, who and
American Indian teacher candidates who:
(i) are enrolled in the institution;
(ii) are supported by grant
funds with direct financial assistance during the academic reporting year;
(iii) are supported with other
programmatic supports;
(iv) are recruited to the
institution, are and newly admitted to the a licensure
program, are enrolled in the;
(v) are enrolled in a licensure
program;
(vi) have completed a licensure
program, have completed student teaching, have graduated, are licensed, and
are newly employed as Minnesota teachers in their licensure field. A grant recipient must report; and
(vii) were recommended for licensure in
the field for which they were prepared;
(2) the total number of teacher
candidates of color or who are American Indian teacher candidates
at each stage from recruitment program admission to licensed
teaching licensure recommendation as a percentage of total all
candidates seeking the same licensure at the institution.; and
(3) a brief narrative describing the
successes and challenges of efforts proposed in the grant application to
support candidates with grant funds, and lessons learned for future efforts.
(b) By November 1 of each year, the board must post a report on its website summarizing the activities and outcomes of grant recipients and results that promote sharing of effective practices and lessons learned among grant recipients.
Sec. 56. Minnesota Statutes 2022, section 122A.69, is amended to read:
122A.69
PRACTICE OR STUDENT TEACHERS.
The Professional Educator Licensing and
Standards Board may, by agreements with teacher preparation institutions,
arrange for classroom experience in the district for practice or student
teachers who have completed at least two years of in an approved
teacher preparation program. Such
practice and student teachers must be appropriately supervised by a fully
qualified teacher under rules adopted by the board. A practice or student teacher must be placed
with a cooperating licensed teacher who has at least three years of teaching
experience and is not in the improvement process under section 122A.40,
subdivision 8, paragraph (b), clause (12), or 122A.41, subdivision 5, paragraph
(b), clause (12). Practice and student
teachers are employees of the school district in which they are rendering
services for purposes of workers' compensation; liability insurance, if
provided for other district employees under section 123B.23; and legal counsel
under section 123B.25.
Sec. 57. Minnesota Statutes 2022, section 122A.70, is amended to read:
122A.70
TEACHER MENTORSHIP AND RETENTION OF EFFECTIVE TEACHERS.
Subdivision 1. Teacher mentoring, induction, and retention programs. (a) School districts must develop teacher mentoring programs for teachers new to the profession or district, including teaching residents, teachers of color, teachers who are American Indian, teachers in license shortage areas, teachers with special needs, or experienced teachers in need of peer coaching.
(b) Teacher mentoring programs must be included in or aligned with districts' teacher evaluation and peer review processes under sections 122A.40, subdivision 8, and 122A.41, subdivision 5. A district may use staff development revenue under section 122A.61, special grant programs established by the legislature, or another funding source to
pay a stipend to a mentor who
may be a current or former teacher who has taught at least three years and is
not on an improvement plan. Other
initiatives using such funds or funds available under sections 124D.861 and
124D.862 may include:
(1) additional stipends as incentives
to mentors of color or who are American Indian;
(2) financial supports for professional
learning community affinity groups across schools within and between districts
for teachers from underrepresented racial and ethnic groups to come together
throughout the school year. For purposes
of this section, "affinity groups" are groups of educators who share
a common racial or ethnic identity in society as persons of color or who are
American Indian;
(3) programs for induction aligned with
the district or school mentorship program during the first three years of
teaching, especially for teachers from underrepresented racial and ethnic
groups; or
(4) grants supporting licensed and
nonlicensed educator participation in professional development, such as
workshops and graduate courses, related to increasing student achievement for
students of color and American Indian students in order to close opportunity
and achievement gaps.
(c) A school or district that receives
a grant must negotiate additional retention strategies or protection from
unrequested leave of absences in the beginning years of employment for teachers
of color and teachers who are American Indian.
Retention strategies may include providing financial incentives for
teachers of color and teachers who are American Indian to work in the school or
district for at least five years and placing American Indian educators at sites
with other American Indian educators and educators of color at sites with other
educators of color to reduce isolation and increase opportunity for collegial
support.
Subd. 2. Board
grants. The Professional Educator
Licensing and Standards Board must make grant application forms available to
sites interested in developing, sustaining, or expanding a mentorship
program. A school district; a or
group of school districts; a coalition of districts, teachers, and teacher
education institutions; or, a school or coalition of schools,
or a coalition of teachers, or nonlicensed educators may apply
for a program grant. A higher
education institution or nonprofit organization may partner with a grant
applicant but is not eligible as a sole applicant for grant funds. The Professional Educator Licensing and
Standards Board, in consultation with the teacher mentoring task force, must
approve or disapprove the applications. To
the extent possible, the approved applications must reflect effective
mentoring, professional development, and retention components, and be
geographically distributed throughout the state. The Professional Educator Licensing and
Standards Board must encourage the selected sites to consider the use of its
assessment procedures.
Subd. 2a. Funded
work. (a) Grant funds may be
used for the following:
(1) additional stipends as incentives
to mentors who are of color or who are American Indian;
(2) financial supports for professional
learning community affinity groups across schools within and between districts
for educators from underrepresented racial and ethnic groups to come together
throughout the school year. For purposes
of this section, "affinity groups" means groups of licensed and
nonlicensed educators who share a common racial or ethnic identity in society
as persons who are of color or who are American Indian;
(3) programs for induction aligned with
the district or school mentorship program during the first three years of
teaching, especially for teachers from underrepresented racial and ethnic
groups;
(4) professional development focused on
ways to close opportunity and achievement gaps for students of color and
American Indian students; or
(5) for teachers of color and
American Indian teachers, graduate courses toward a first master's degree in a
field related to their licensure or toward an additional license.
(b) A charter school or district that
receives a grant must negotiate additional retention strategies or protection
from unrequested leaves of absence in the beginning years of employment for
teachers who are of color or who are American Indian. Retention strategies may include providing
financial incentives for teachers of color and teachers who are American Indian
to work in the school or district for at least five years and placing American
Indian educators at sites with other American Indian educators and educators of
color at sites with other educators of color to reduce isolation and increase
opportunity for collegial support.
Subd. 3. Criteria for selection. (a) At a minimum, applicants for grants under subdivision 2 must express commitment to:
(1) allow staff participation;
(2) assess skills of both beginning and mentor teachers;
(3) provide appropriate in-service to needs identified in the assessment;
(4) provide leadership to the effort;
(5) cooperate with higher education institutions or teacher educators;
(6) provide facilities and other resources;
(7) share findings, materials, and techniques with other school districts; and
(8) retain teachers of color and teachers who are American Indian.
(b) The Professional Educator Licensing
and Standards Board must give priority to applications to fund programs to
induct, mentor, and retain Tier 2 or Tier 3 teachers who are of color or who
are American Indian, and Tier 2 or Tier 3 teachers in licensure shortage areas
within the applicant's economic development region.
Subd. 4. Additional funding. Grant applicants must seek additional funding and assistance from sources such as school districts, postsecondary institutions, foundations, and the private sector.
Subd. 5. Program implementation. A grant recipient may use grant funds on implementing activities over a period of time up to 24 months. New and expanding mentorship sites that receive a board grant under subdivision 2 to design, develop, implement, and evaluate their program must participate in activities that support program development and implementation.
Subd. 5a. Grant
program administration. The
Professional Educator Licensing and Standards Board may enter into an
interagency agreement with the Office of Higher Education or the Department of
Education. The agreement may include a
transfer of funds to the Office of Higher Education or the Department of
Education to help administer the competitive grant process.
Subd. 6. Report. By June September 30 of
each year after receiving a grant, recipients must submit a report to the
Professional Educator Licensing and Standards Board on program efforts that
describes mentoring and induction activities and assesses the impact of these
programs on teacher effectiveness and retention. The board must publish a summary report
for the public and submit the report to the committees of the legislature with
jurisdiction over kindergarten through grade 12 education policy and finance in
accordance with section 3.302 by November 30 of each year.
EFFECTIVE
DATE. This section is
effective July 1, 2023.
Sec. 58. Minnesota Statutes 2022, section 122A.73, subdivision 2, is amended to read:
Subd. 2. Grow
Your Own district programs. (a) A
school district, charter school, or cooperative unit under section 123A.24,
subdivision 2, may apply for a grant for a Professional Educator
Licensing and Standards Board‑approved teacher preparation program that
meets the requirements of paragraph (c) to establish a Grow Your Own pathway
for adults to obtain their first professional teaching license. The grant recipient must use at least 80 percent
of grant funds to provide tuition scholarships or stipends to enable school
district employees or community members affiliated with a school district, who
are of color or American Indian and who seek a teaching license, to participate
in the teacher preparation program. Grant
funds may also be used to pay for teacher licensure exams and licensure fees.
(b) A district using grant funds under this subdivision to provide financial support to teacher candidates may require a commitment as determined by the district to teach in the district for a reasonable amount of time that does not exceed five years.
(c) A grantee must partner with:
(1) a Professional Educator Licensing
and Standards Board-approved teacher preparation program;
(2) a Council for the Accreditation of
Educator Preparation-accredited teacher preparation program from a private, not
for profit, institution of higher education; or
(3) an institution that has an
articulated transfer pathway with a board-approved teacher preparation program.
EFFECTIVE
DATE. This section is
effective July 1, 2024.
Sec. 59. Minnesota Statutes 2022, section 122A.73, subdivision 3, is amended to read:
Subd. 3. Grants
for programs serving secondary school students.
(a) In addition to grants for developing and offering dual-credit
postsecondary course options in schools for "Introduction to
Teaching" or "Introduction to Education" courses under section
124D.09, subdivision 10, A school district or charter school may apply for
grants under this section to offer other innovative programs that encourage
secondary school students, especially students of color and American Indian
students, to pursue teaching. To be
eligible for a grant under this subdivision, a school district or charter
school an applicant must ensure that the aggregate percentage of
secondary school students of color and American Indian students participating
in the program is equal to or greater than the aggregate percentage of students
of color and American Indian students in the school district or, charter
school, or cooperative unit.
(b) A grant recipient must use grant funds awarded under this subdivision for:
(1) supporting future teacher clubs or service-learning opportunities that provide middle and high school students with experiential learning that supports the success of younger students or peers and increases students' interest in pursuing a teaching career;
(2) developing and offering
postsecondary enrollment options for "Introduction to Teaching" or
"Introduction to Education" courses consistent with section 124D.09,
subdivision 10, that meet degree requirements for teacher licensure;
(2) (3) providing direct
support, including wrap-around services, for students who are of color or
American Indian to enroll and be successful in postsecondary enrollment options
courses under section 124D.09 that would meet degree requirements for teacher
licensure; or
(3) (4) offering scholarships to graduating high school students who are of color or American Indian to enroll in board-approved undergraduate teacher preparation programs at a college or university in Minnesota.
(c) The maximum grant award under this
subdivision is $500,000. The
commissioner may consider the number of participants a grant recipient intends
to support when determining a grant amount.
EFFECTIVE
DATE. This section is
effective July 1, 2024.
Sec. 60. Minnesota Statutes 2022, section 122A.73, subdivision 5, is amended to read:
Subd. 5. Grow Your Own program account. (a) An account is established in the special revenue fund known as the "Grow Your Own program account."
(b) Funds appropriated for the Grow Your Own program under this section must be transferred to the Grow Your Own program account in the special revenue fund.
(c) Money in the account is annually appropriated to the commissioner for the Grow Your Own program under this section. Any returned funds are available to be regranted. Grant recipients may apply to use grant money over a period of up to 60 months.
(d) Up to $100,000 $175,000
annually is appropriated to the commissioner for costs associated with
administering and monitoring the program under this section.
Sec. 61. [122A.731]
SPECIAL EDUCATION TEACHER PIPELINE PROGRAM.
Subdivision 1. Grant
program established. The
commissioner of education must administer a grant program to develop a pipeline
of trained, licensed Tier 3 or Tier 4 special education teachers. A school district, charter school, or
cooperative unit under section 123A.24, subdivision 2, may apply for a grant
under this section. An applicant must
partner with:
(1) a Professional Educator Licensing
and Standards Board-approved teacher preparation program;
(2) a Council for the Accreditation of
Educator Preparation-accredited teacher preparation program from a private, not
for profit, institution of higher education; or
(3) an institution that has an
articulated transfer pathway with a board-approved teacher preparation program.
Subd. 2. Grant
uses. (a) A grant recipient
must use grant funds to support participants who are employed by the grant
recipient as either a paraprofessional or other unlicensed staff, or a teacher
with a Tier 1 or Tier 2 license, and demonstrate a willingness to be a special
education teacher after completing the program.
(b) A grant recipient may use grant
funds for:
(1) tuition assistance or stipends for
participants;
(2) supports for participants,
including mentoring, licensure test preparation, and technology support; or
(3) participant recruitment.
Subd. 3. Grant
procedure. (a) Applicants
must apply for a grant under this section in the form and manner specified by
the commissioner.
(b) In awarding grants, the
commissioner must prioritize funding for training to allow participants holding
a Tier 1
(c) To the extent that there are
sufficient applications, the commissioner must, to the extent practicable,
award an equal number of grants between applicants in greater Minnesota and
applicants in the metropolitan area.
Subd. 4. Report. Within one year of receiving grant
funds, and for each year that a recipient receives grant funds, a grant
recipient must report to the commissioner in the form and manner determined by
the commissioner the number of participants in the program and how grant funds
were used. The commissioner must publish
an annual report that identifies the grant recipients and summarizes how grant
funds are used.
Subd. 5. Special
education teacher pipeline program account.
(a) An account is established in the special revenue fund known
as the special education teacher pipeline program account.
(b) Funds appropriated for the special
education teacher pipeline program under this section must be transferred to
the special educator teacher pipeline program account in the special revenue
fund.
(c) Money in the account is annually
appropriated to the commissioner for the special education teacher pipeline
program under this section. Any returned
funds are available to be regranted. Grant
recipients may apply to use grant money over a period of up to 60 months.
(d) Up to $175,000 annually is
appropriated to the commissioner for costs associated with administering and
monitoring the program under this section.
EFFECTIVE
DATE. This section is effective
July 1, 2023.
Sec. 62. Minnesota Statutes 2022, section 123B.147, subdivision 3, is amended to read:
Subd. 3. Duties; evaluation. (a) The principal shall provide administrative, supervisory, and instructional leadership services, under the supervision of the superintendent of schools of the district and according to the policies, rules, and regulations of the school board, for the planning, management, operation, and evaluation of the education program of the building or buildings to which the principal is assigned.
(b) To enhance a principal's culturally responsive leadership skills and support and improve teaching practices, school performance, and student achievement for diverse student populations, including at-risk students, children with disabilities, English learners, and gifted students, among others, a district must develop and implement a performance-based system for annually evaluating school principals assigned to supervise a school building within the district. The evaluation must be designed to improve teaching and learning by supporting the principal in shaping the school's professional environment and developing teacher quality, performance, and effectiveness. The annual evaluation must:
(1) support and improve a principal's instructional leadership, organizational management, and professional development, and strengthen the principal's capacity in the areas of instruction, supervision, evaluation, and teacher development;
(2) support and improve a principal's
culturally responsive leadership practices that create inclusive and respectful
teaching and learning environments for all students, families, and employees;
(2) (3) include formative
and summative evaluations based on multiple measures of student progress toward
career and college readiness;
(3) (4) be consistent with a principal's job description, a district's long-term plans and goals, and the principal's own professional multiyear growth plans and goals, all of which must support the principal's leadership behaviors and practices, rigorous curriculum, school performance, and high-quality instruction;
(4) (5) include on-the-job
observations and previous evaluations;
(5) (6) allow surveys to
help identify a principal's effectiveness, leadership skills and processes, and
strengths and weaknesses in exercising leadership in pursuit of school success;
(6) (7) use longitudinal
data on student academic growth as 35 percent of the evaluation and incorporate
district achievement goals and targets;
(7) (8) be linked to
professional development that emphasizes improved teaching and learning,
curriculum and instruction, student learning, culturally responsive
leadership practices, and a collaborative professional culture; and
(8) (9) for principals not
meeting standards of professional practice or other criteria under this
subdivision, implement a plan to improve the principal's performance and
specify the procedure and consequence if the principal's performance is not
improved.
The provisions of this paragraph are intended to provide districts with sufficient flexibility to accommodate district needs and goals related to developing, supporting, and evaluating principals.
EFFECTIVE
DATE. This section is
effective July 1, 2024.
Sec. 63. [124D.901]
STUDENT SUPPORT PERSONNEL AID.
Subdivision 1. Definitions. For the purposes of this section, the
following terms have the meanings given:
(1) "new position" means a
student support services personnel full-time or part-time position not under contract
by a school district, charter school, or cooperative unit at the start of the
2022-2023 school year;
(2) "part-time position"
means a student support services personnel position less than 1.0 full-time
equivalent at the start of the 2022-2023 school year;
(3) "American Rescue Plan
Act" means the federal American Rescue Plan Act of 2021, Public Law 117-2,
that awarded funds; and
(4) "student support services
personnel" means an individual licensed to serve as a school counselor,
school psychologist, school social worker, school nurse, or chemical dependency
counselor in Minnesota.
Subd. 2. Purpose. The purpose of student support
personnel aid is to:
(1) address shortages of student
support services personnel within Minnesota schools;
(2) decrease caseloads for existing
student support services personnel to ensure effective services;
(3) ensure that students receive
effective student support services and integrated and comprehensive services to
improve prekindergarten through grade 12 academic, physical, social, and
emotional outcomes supporting career and college readiness and effective school
mental health services;
(4) ensure that student support
services personnel serve within the scope and practice of their training and licensure;
(5) fully integrate learning supports,
instruction, assessment, data-based decision making, and family and community
engagement within a comprehensive approach that facilitates interdisciplinary
collaboration; and
(6) improve student health, school
safety, and school climate to support academic success and career and college
readiness.
Subd. 3. Student
support personnel aid. (a)
The initial student support personnel aid for a school district equals the
greater of the student support personnel allowance times the adjusted pupil
units at the district for the current fiscal year or $40,000. The initial student support personnel aid for
a charter school equals the greater of the student support personnel allowance
times the adjusted pupil units at the charter school for the current fiscal
year or $20,000.
(b) The cooperative student support
personnel aid for a school district that is a member of an intermediate school
district or other cooperative unit that serves students equals the greater of
the cooperative student support allowance times the adjusted pupil units at the
district for the current fiscal year or $40,000. If a district is a member of more than one
cooperative unit that serves students, the revenue must be allocated among the
cooperative units.
(c) The student support personnel
allowance equals $11.94 for fiscal year 2024, $17.08 for fiscal year 2025, and
$48.73 for fiscal year 2026 and later.
(d) The cooperative student support
allowance equals $0.60 for fiscal year 2024, $0.85 for fiscal year 2025, and
$2.44 for fiscal year 2026 and later.
(e) Notwithstanding paragraphs (a) and
(b), the student support personnel aid must not exceed the district's, charter
school's, or cooperative unit's actual expenditures.
Subd. 4. Allowed
uses. (a) Aid under this
section must be used to hire new positions for student support services
personnel or increase a current position that is less than 1.0 full-time
equivalent to a greater number of service hours or make permanent a position
hired using onetime resources awarded through the federal Coronavirus Aid
Relief and Economic Security Act, the federal Consolidated Appropriations Act,
the federal Division M‑Coronavirus Response and Relief Supplemental
Appropriations Act, or the federal American Rescue Plan Act, or to maintain a
position that would otherwise be eliminated.
(b) Cooperative student support
personnel aid must be transferred to the intermediate district or other
cooperative unit of which the district is a member and used to hire new
positions for student support services personnel or increase a current position
that is less than 1.0 full-time equivalent to a greater number of service hours
or make permanent a position hired using onetime resources awarded through the
American Rescue Plan Act at the intermediate district or cooperative unit.
(c) If a school district, charter
school, or cooperative unit does not receive at least two applications and is
not able to hire a new full-time equivalent position with student support
personnel aid, the aid may be used for contracted services from individuals
licensed to serve as a school counselor, school psychologist, school social
worker, school nurse, or chemical dependency counselor in Minnesota.
Subd. 5. Report
required. By February 1
following any fiscal year in which student support personnel aid was received,
a school district, charter school, or cooperative unit must submit a written
report to the commissioner indicating how the new position affected two or more
of the following measures:
(1) school climate;
(2) student health;
(3) attendance rates;
(4) academic achievement;
(5) career and college readiness; and
(6) postsecondary completion rates.
EFFECTIVE
DATE. This section is
effective for revenue for fiscal year 2024 and later.
Sec. 64. APPROPRIATIONS;
DEPARTMENT OF EDUCATION.
Subdivision 1. Department
of Education. The sums
indicated in this section are appropriated from the general fund to the
Department of Education for the fiscal years designated.
Subd. 2. Agricultural
educator grants. (a) For
agricultural educator grants under Laws 2017, First Special Session chapter 5,
article 2, section 51:
|
|
$250,000
|
.
. . . . |
2024
|
|
|
$250,000 |
.
. . . . |
2025
|
(b) Any balance in the first year does
not cancel but is available in the second year.
Subd. 3. Alternative
teacher compensation aid. (a)
For alternative teacher compensation aid under Minnesota Statutes, section
122A.415, subdivision 4:
|
|
$88,443,000 |
.
. . . . |
2024
|
|
|
$88,430,000 |
.
. . . . |
2025
|
(b) The 2024 appropriation includes
$8,824,000 for fiscal year 2023 and $79,619,000 for fiscal year 2024.
(c) The 2025 appropriation includes
$8,846,000 for fiscal year 2024 and $79,584,000 for fiscal year 2025.
Subd. 4. Black
Men Teach Twin Cities. (a)
For a grant to Black Men Teach Twin Cities for the purposes listed in paragraph
(c):
|
|
$500,000 |
.
. . . . |
2024
|
|
|
$500,000 |
.
. . . . |
2025
|
(b) Black Men Teach Twin Cities must
use the grant to establish partnerships with public elementary schools with a
goal of increasing the number of black male teachers to 20 percent of the
teachers at each school site. To the
extent possible, Black Men Teach Twin Cities must include sites in greater
Minnesota, suburban areas, and urban settings.
(c) The grant money may be used for:
(1) scholarships for aspiring teachers;
(2) student teacher stipends;
(3) mentoring activities;
(4) professional development, with an
emphasis on early literacy training, including best practices associated with
the science of reading; and
(5) stipends for housing to allow a
teacher to live closer to the teacher's school.
(d) Black Men Teach Twin Cities must
provide a detailed report to the chairs and ranking minority members of the
legislative committees with jurisdiction over kindergarten through grade 12
education and higher education by January 15 of each year following the year of
the grant describing how the grant funds were used. The report must describe the progress made
toward the goal of increasing the number of Black male teachers at each school
site, identify the strategies used to recruit Black teachers, and describe
barriers Black men face in the teaching profession. The report must be filed in accordance with
Minnesota Statutes, section 3.195.
(e) Up to three percent of the
appropriation is available for grant administration.
Subd. 5. Closing
educational opportunity gaps grants.
(a) To support schools in their efforts to close opportunity gaps
under Minnesota Statutes, section 120B.113:
|
|
$3,000,000 |
.
. . . . |
2024
|
|
|
$3,000,000 |
.
. . . . |
2025
|
(b) The department may retain up to
five percent of this appropriation to administer the grant program.
(c) The base for fiscal year 2026 and
later is $0.
Subd. 6. Coalition
to Increase Teachers of Color and American Indian Teachers. (a) To the Board of Directors of the
Minnesota Humanities Center for a grant to the Coalition to Increase Teachers
of Color and American Indian Teachers in Minnesota for nonlobbying activities
and general operating expenses that support the recruitment and retention of
racially and ethnically diverse teachers underrepresented in the state's
workforce:
|
|
$100,000 |
.
. . . . |
2024
|
|
|
$100,000 |
.
. . . . |
2025
|
(b) Any balance in the first year does
not cancel but is available in the second year.
Subd. 7. Come
Teach in Minnesota hiring bonuses. (a)
For the Come Teach in Minnesota hiring bonuses program under Minnesota
Statutes, section 122A.59:
|
|
$200,000 |
.
. . . . |
2024
|
|
|
$400,000 |
.
. . . . |
2025
|
(b) This appropriation is subject to
the requirements under Minnesota Statutes, section 122A.59, subdivision 5.
Subd. 8. Concurrent
enrollment teacher training program.
(a) For the concurrent enrollment teacher partnership under
Minnesota Statutes, section 122A.76:
|
|
$375,000 |
.
. . . . |
2024
|
|
|
$375,000 |
.
. . . . |
2025
|
(b) Any balance in the first year does
not cancel but is available in the second year.
Subd. 9. Expanded
concurrent enrollment grants. (a)
For grants to institutions offering "Introduction to Teaching" or
"Introduction to Education" courses under Minnesota Statutes, section
124D.09, subdivision 10, paragraph (b):
|
|
$500,000 |
.
. . . . |
2024
|
|
|
$500,000 |
.
. . . . |
2025
|
(b) Up to five percent of the grant
amount is available for grant administration and monitoring.
(c) Any balance in the first year does
not cancel but is available in the second year.
Subd. 10. Grow
Your Own pathways to teacher licensure grants. (a) For grants to develop, continue,
or expand Grow Your Own new teacher programs under Minnesota Statutes, section
122A.73, to develop a teaching workforce that more closely reflects the state's
increasingly diverse student population and ensure all students have equitable
access to effective and diverse teachers:
|
|
$25,000,000 |
.
. . . . |
2024
|
|
|
$25,000,000 |
.
. . . . |
2025
|
(b) This appropriation is subject to
the requirements under Minnesota Statutes, section 122A.73, subdivision 5.
(c) The base for fiscal year 2026 and
later is $31,954,000.
Subd. 11. Reimbursements
for teacher licensing and exam fees.
(a) For reducing financial burdens for aspiring teachers by
funding costs associated with Minnesota teacher licensing exams and first
professional teacher license fees for newly graduated teachers:
|
|
$1,400,000 |
.
. . . . |
2024
|
|
|
$0 |
.
. . . . |
2025
|
(b)
The commissioner must establish a process for newly licensed teachers to be
reimbursed for expenses related to:
(1) application fees to the board for
initial licensure; and
(2) exam fees for required licensure
exams to obtain a teaching license in Minnesota.
(c) Up to $50,000 is available for
administration, including contracts.
(d) This is a onetime appropriation and
is available until June 30, 2027.
Subd. 12. Special
education teacher pipeline. (a)
For grants to develop special education teacher pipelines across Minnesota
under Minnesota Statutes, section 122A.731:
|
|
$20,000,000 |
.
. . . . |
2024
|
|
|
$10,000,000 |
.
. . . . |
2025
|
(b) This appropriation is subject to
the requirements under Minnesota Statutes, section 122A.731, subdivision 5.
(c) The base for fiscal year 2026 is $0
and the base for fiscal year 2027 is $10,000,000.
Subd. 13. Statewide
teacher mentoring program. (a)
For a statewide teacher induction and mentoring program:
|
|
$9,940,000 |
.
. . . . |
2024
|
|
|
$0 |
.
. . . . |
2025
|
(b) Funds may be used for:
(1) competitive grants to Minnesota
regional partners, including institutions of higher education, regional service
cooperatives, other district or charter collaboratives, and professional
organizations, to provide mentoring supports for new teachers, on-the-ground
training, technical assistance, and networks or communities of practice for
local new teachers, districts, and charter schools to implement Minnesota's
induction model;
(2) competitive grants to school
districts to fund Teacher of Record mentorships to Tier 1 special education
teachers, including training and supervision; and
(3) contracts with national content
experts and research collaboratives to assist in developing Minnesota's
induction model, to provide ongoing training to mentors and principals, and to
evaluate the program over time.
(c) Up to five percent of the
appropriation is available for grant administration.
(d) This is a onetime appropriation and
is available until June 30, 2027.
Subd. 14. Student
support personnel aid. (a)
For aid to support schools in addressing students' social, emotional, and
physical health under Minnesota Statutes, section 124D.901:
|
|
$29,138,000 |
.
. . . . |
2024
|
|
|
$35,270,000 |
.
. . . . |
2025
|
(b) The 2024 appropriation includes $0
for fiscal year 2023 and $29,138,000 for fiscal year 2024.
(c) The 2025 appropriation includes
$3,237,000 for fiscal year 2024 and $32,033,000 for fiscal year 2025.
Subd. 15. Student
support personnel workforce pipeline.
(a) For a grant program to develop a student support personnel
workforce pipeline focused on increasing school psychologists, school nurses,
school counselors, and school social workers of color and Indigenous providers,
professional respecialization, recruitment, and retention:
|
|
$5,000,000 |
.
. . . . |
2024
|
|
|
$5,000,000 |
.
. . . . |
2025
|
(b) Of the amount in paragraph (a),
$150,000 is for providing support to school nurses across the state.
(c) To the extent practicable, the
pipeline grants must be used to support equal numbers of students pursuing
careers as school psychologists, school nurses, school counselors, and school
social workers.
(d) For grants awarded under this
subdivision to school psychologists, the following terms have the meanings
given:
(1) "eligible designated
trainee" means an individual enrolled in a NASP-approved or APA-accredited
school psychology program granting educational specialist certificates or
doctoral degrees in school psychology;
(2) "practica" means an educational experience administered and evaluated by the graduate training program, with university and site supervision by appropriately credentialed school psychologists, to develop trainees' competencies to provide school psychological services based on the graduate program's goals and competencies relative to accreditation and licensure requirements; and
(3) "eligible employment"
means a paid position within a school or local education agency directly
related to the training program providing direct or indirect school psychology
services. Direct services include
assessment, intervention, prevention, or consultation services to students or
their family members and educational staff.
Indirect services include supervision, research and evaluation,
administration, program development, technical assistance, or professional
learning to support direct services.
(e) Grants awarded to school
psychologists must be used for:
(1) the provision of paid, supervised, and educationally meaningful practica in a public school setting for an eligible designated trainee enrolled in a qualifying program within the grantee's institution;
(2) to support student recruitment and retention to enroll and hire an eligible designated trainee for paid practica in public school settings; and
(3) oversight of trainee practica and
professional development by the qualifying institution to ensure the
qualifications and conduct by an eligible designated trainee meet requirements
set forth by the state and accrediting agencies.
(f) Upon successful completion of the
graduate training program, grants awarded to school psychologists must maintain
eligible employment within Minnesota for a minimum period of one-year full-time
equivalent for each academic year of paid traineeship under the grant program.
(g) Up to $150,000 of the appropriation
is available for grant administration.
Subd. 16. Teacher
residency program. (a) For
the teacher residency program that meets the requirements of Minnesota Rules,
part 8705.2100, subpart 2, item D, subitem (5), unit (g):
|
|
$3,000,000 |
. .
. . . |
2024
|
|
|
$3,000,000 |
. .
. . . |
2025
|
(b) Up to three percent of the
appropriation is available for grant administration.
(c) Any balance does not cancel but is
available in the following fiscal year.
Sec. 65. APPROPRIATIONS;
PROFESSIONAL EDUCATOR LICENSING AND STANDARDS BOARD.
Subdivision 1. Professional
Educator Licensing and Standards Board.
The sums indicated in this section are appropriated from the
general fund to the Professional Educator Licensing and Standards Board for the
fiscal years designated.
Subd. 2. Alternative
pathways support position. To
fund a new position at the Professional Educator Licensing and Standards Board
to support candidates through alternative pathway programs, including the
licensure via portfolio process, and to support districts, charter schools, and
educational cooperatives to become alternative preparation providers:
|
|
$150,000 |
. .
. . . |
2024
|
|
|
$150,000 |
.
. . . . |
2025
|
Subd. 3. Collaborative
urban and greater Minnesota educators of color grants. (a) For collaborative urban and
greater Minnesota educators of color competitive grants under Minnesota
Statutes, section 122A.635:
|
|
$5,440,000 |
.
. . . . |
2024
|
|
|
$5,440,000
|
.
. . . . |
2025
|
(b) The board may retain up to $100,000
of the appropriation amount to monitor and administer the grant program.
(c) Any balance does not cancel but is available
in the following fiscal year.
Subd. 4. Heritage
language and culture teachers. To
support an additional licensure pathway program for heritage language and
culture teachers under Minnesota Statutes, section 122A.631, including funding
for a portfolio liaison and funding for substitute teachers on meeting days,
portfolio fees, licensure fees, and licensure exam fees for 50 program
participants:
|
|
$208,000 |
.
. . . . |
2024
|
|
|
$208,000 |
.
. . . . |
2025
|
Subd. 5. Licensure
via portfolio online platform. To
complete the licensure via portfolio online platform to streamline the
portfolio submission and review process:
|
|
$150,000 |
.
. . . . |
2024
|
|
|
$150,000 |
.
. . . . |
2025
|
Subd. 6. Mentoring,
induction, and retention incentive program grants for teachers of color. (a) To develop and expand mentoring,
induction, and retention programs designed for teachers of color or American
Indian teachers under Minnesota Statutes, section 122A.70:
|
|
$3,500,000 |
.
. . . . |
2024
|
|
|
$3,500,000 |
.
. . . . |
2025
|
(b) Any balance does not cancel but is
available in the following fiscal year.
(c) The base for grants under Minnesota
Statutes, section 122A.70, for fiscal year 2026 and later is $4,500,000, of
which at least $3,500,000 each fiscal year is for grants to develop and expand
mentoring, induction, and retention programs designed for teachers of color or
American Indian teachers.
(d) The board may retain up to three
percent of the appropriation amount to monitor and administer the grant
program.
Subd. 7. Pathway
preparation grants. (a) For
grants to support teachers holding a Tier 2 license and seeking a Tier 3
license:
|
|
$400,000 |
.
. . . . |
2024
|
|
|
$400,000 |
.
. . . . |
2025
|
(b) The following are eligible for
grants under this subdivision:
(1) school districts;
(2) charter schools;
(3) service cooperatives; and
(4) partnerships between one or more
teacher preparation providers, school districts, or charter schools.
(c) Grant funds must be used to support
teachers holding a Tier 2 license and seeking a Tier 3 license through
completion of a teacher preparation program or the licensure via portfolio
process. A grant recipient must provide
teachers holding a Tier 2 license with professional development, mentorship,
and coursework aligned to state standards for teacher licensure.
(d) The Professional Educator Licensing
and Standards Board may collaborate with the Department of Education and the
Office of Higher Education to administer the grant program.
(e) The board may retain up to three
percent of the appropriation amount to monitor and administer the grant.
Subd. 8. Removing
barriers to licensure. (a)
For rulemaking and technology changes related to tiered licensure changes:
|
|
$77,000 |
.
. . . . |
2024
|
(b) This is a onetime appropriation.
Subd. 9. Reports
on increasing percentage of teachers of color and American Indian teachers. (a) To complete reports on
state-funded programs to increase the percentage of teachers of color and
American Indian teachers in Minnesota schools in accordance with Minnesota
Statutes, section 120B.117, and process reports under Minnesota Statutes, sections
122A.40, subdivision 3, and 122A.41, subdivision 16:
|
|
$20,000
|
.
. . . . |
2024
|
|
|
$0 |
.
. . . . |
2025
|
Subd. 10. Teacher
recruitment marketing campaign. (a)
To develop two contracts to develop and implement an outreach and marketing
campaign under this subdivision:
|
|
$500,000 |
.
. . . . |
2024
|
|
|
$500,000 |
.
. . . . |
2025
|
(b) The Professional Educator Licensing
and Standards Board must issue a request for proposals to develop and implement
an outreach and marketing campaign to elevate the profession and recruit
teachers, especially teachers of color and American Indian teachers. Outreach efforts should include and support
current and former Teacher of the Year finalists interested in being
recruitment fellows to encourage prospective educators throughout the state. The board may renew a grant contract with a
prior recipient if it determines sufficient deliverables were achieved and the
plans of the firm or organization are more promising than proposals from other
entities.
(c) The outreach and marketing campaign
must focus on increasing interest in teaching in Minnesota public schools for
the following individuals:
(1) high school and college students of
color or American Indian students who have not chosen a career path; or
(2) adults from racial or ethnic groups
underrepresented in the teacher workforce who may be seeking to change careers.
(d) The board must award two
$250,000 grants each year to firms or organizations that demonstrate capacity
to reach wide and varied audiences of prospective teachers based on a work plan
with quarterly deliverables. Preferences
should be given to firms or organizations that are led by people of color and
that have people of color working on the campaign with a proven record of
success. The grant recipients must
recognize current pathways or programs to become a teacher and must partner
with educators, schools, institutions, and racially diverse communities. The grant recipients are encouraged to
provide in-kind contributions or seek funds from nonstate sources to supplement
the grant award.
(e) The board may use no more than
three percent of the appropriation amount to administer the program under this
subdivision, and may have an interagency agreement with the Department of
Education including transfer of funds to help administer the program.
(f) Any balance in the first year does
not cancel but is available in the second year.
Sec. 66. REVISOR
INSTRUCTION.
The revisor of statutes shall replace
the terms "candidate" or "candidates" with
"applicant" or "applicants" wherever they appear in
Minnesota Statutes, sections 122A.09, 122A.18, 122A.181, 122A.182, 122A.183,
122A.184, 122A.185, 122A.188, 122A.21, and 122A.28.
Sec. 67. REPEALER.
(a) Minnesota Statutes 2022, sections
122A.07, subdivision 2a; 122A.091, subdivisions 3 and 6; and 122A.18,
subdivision 7c, are repealed.
(b) Minnesota Rules, part 8710.0500,
subparts 8 and 11, are repealed.
(c) Minnesota Statutes 2022, section
122A.182, subdivision 2, is repealed.
EFFECTIVE
DATE. Paragraph (c) is
effective July 1, 2024.
ARTICLE 6
CHARTER SCHOOLS
Section 1. Minnesota Statutes 2022, section 124E.02, is amended to read:
124E.02
DEFINITIONS.
(a) For purposes of this chapter, the terms defined in this section have the meanings given them.
(b) "Affidavit" means a written statement the authorizer submits to the commissioner for approval to establish a charter school under section 124E.06, subdivision 4, attesting to its review and approval process before chartering a school.
(c) "Affiliate" means a person that directly or indirectly, through one or more intermediaries, controls, is controlled by, or is under common control with another person.
(d) "Charter management
organization" or "CMO" means any nonprofit or for-profit entity
that contracts with a charter school board of directors to provide, manage, or
oversee all or substantially all of a school's education program or a school's
administrative, financial, business, or operational functions.
(d) (e) "Control" means the ability to affect the management, operations, or policy actions or decisions of a person, whether by owning voting securities, by contract, or otherwise.
(f) "Educational management
organization" or "EMO" means a nonprofit or for-profit entity
that provides, manages or oversees all or substantially all of the education
program, or the school's administrative, financial, business, or operational
functions.
(e) (g) "Immediate
family" means an individual whose relationship by blood, marriage,
adoption, or partnership is no more remote than first cousin.
(h) "Market need and demand
study" means a study that includes the following for the proposed
locations of the school or additional site:
(1) current and projected demographic
information;
(2) student enrollment patterns;
(3) information on existing schools and
types of educational programs currently available;
(4) characteristics of proposed
students and families;
(5) availability of properly zoned and
classified facilities; and
(6) quantification of existing demand
for the school or site.
(f) (i) "Person"
means an individual or entity of any kind.
(g) (j) "Related
party" means an affiliate or immediate relative of the other interested
party, an affiliate of an immediate relative who is the other interested party,
or an immediate relative of an affiliate who is the other interested party.
(h) (k) For purposes of this
chapter, the terms defined in section 120A.05 have the same meanings.
Sec. 2. Minnesota Statutes 2022, section 124E.03, subdivision 2, is amended to read:
Subd. 2. Certain federal, state, and local requirements. (a) A charter school shall meet all federal, state, and local health and safety requirements applicable to school districts.
(b) A school must comply with statewide accountability requirements governing standards and assessments in chapter 120B.
(c) A charter school must comply with the Minnesota Public School Fee Law, sections 123B.34 to 123B.39.
(d) A charter school is a district for the purposes of tort liability under chapter 466.
(e) A
charter school must comply with the Pledge of Allegiance requirement under
section 121A.11, subdivision 3.
(f) A charter school and charter school board of directors must comply with chapter 181 governing requirements for employment.
(g) A charter school must comply with continuing truant notification under section 260A.03.
(h) A charter school must develop and implement a teacher evaluation and peer review process under section 122A.40, subdivision 8, paragraph (b), clauses (2) to (13), and place students in classrooms in accordance with section 122A.40, subdivision 8, paragraph (d). The teacher evaluation process in this paragraph does not create any additional employment rights for teachers.
(i) A charter school must adopt a policy, plan, budget, and process, consistent with section 120B.11, to review curriculum, instruction, and student achievement and strive for the world's best workforce.
(j) A charter school is subject to and must comply with the Pupil Fair Dismissal Act, sections 121A.40 to 121A.56 and 121A.575.
Sec. 3. Minnesota Statutes 2022, section 124E.03, is amended by adding a subdivision to read:
Subd. 9. English
learners. A charter school is
subject to and must comply with the Education for English Learners Act under
sections 124D.58 to 124D.64 as though the charter school were a district.
Sec. 4. Minnesota Statutes 2022, section 124E.05, subdivision 4, is amended to read:
Subd. 4. Application content. (a) To be approved as an authorizer, an applicant must include in its application to the commissioner at least the following:
(1) how the organization carries out its mission by chartering schools;
(2) a description of the capacity of the organization to serve as an authorizer, including the positions allocated to authorizing duties, the qualifications for those positions, the full-time equivalencies of those positions, and the financial resources available to fund the positions;
(3) the application and review process the authorizer uses to decide whether to grant charters;
(4) the type of contract it arranges with the schools it charters to meet the provisions of section 124E.10;
(5) the process for overseeing the school, consistent with clause (4), to ensure that the schools chartered comply with applicable law and rules and the contract;
(6) the criteria and process the authorizer uses to approve applications adding grades or sites under section 124E.06, subdivision 5;
(7) the process for renewing or terminating the school's charter based on evidence showing the academic, organizational, and financial competency of the school, including its success in increasing student achievement and meeting the goals of the charter school agreement; and
(8) an assurance specifying that the
organization is committed to serving as an authorizer for the full five-year
term until the commissioner terminates the organization's ability to
authorize charter schools under subdivision 6 or the organization formally
withdraws as an approved authorizer under subdivision 7.
(b) Notwithstanding paragraph (a), an authorizer that is a school district may satisfy the requirements of paragraph (a), clauses (1) and (2), and any requirement governing a conflict of interest between an authorizer and its charter schools or ongoing evaluation or continuing education of an administrator or other professional support staff by submitting to the commissioner a written promise to comply with the requirements.
Sec. 5. Minnesota Statutes 2022, section 124E.05, subdivision 7, is amended to read:
Subd. 7. Withdrawal. If the governing board of an approved
authorizer votes to withdraw as an approved authorizer for a reason unrelated
to any cause under section 124E.10, subdivision 4 subdivision 6,
the authorizer must notify all its chartered schools and the commissioner in
writing by March 1 of its intent to withdraw as an authorizer on June 30 in the
next calendar year, regardless of when the authorizer's five-year term of
approval ends. Upon notification of
the schools and commissioner, the authorizer must provide a letter to the
school for distribution to families of students enrolled in the school that
explains the decision to withdraw as an authorizer. The commissioner may approve the transfer of
a charter school to a new authorizer under section 124E.10, subdivision 5.
Sec. 6. Minnesota Statutes 2022, section 124E.06, subdivision 1, is amended to read:
Subdivision 1. Individuals eligible to organize. (a) An authorizer, after receiving an application from a charter school developer, may charter either a licensed teacher under section 122A.18, subdivision 1, or a group of individuals that includes one or more licensed teachers under section 122A.18, subdivision 1, to operate a school subject to the commissioner's approval of the authorizer's affidavit under subdivision 4.
(b) "Application" under this section means the charter school business plan a charter school developer submits to an authorizer for approval to establish a charter school. This application must include:
(1) the school developer's proposed
school's:
(i) mission statement and vision
statements;
(ii) school purposes and goals;
(iii) educational program design and how the program will improve student learning, success, and achievement;
(iv) plan to address the social and
emotional learning needs of students and student support services;
(v) plan to provide special education
management and services;
(vi) plan for staffing the school with
appropriately qualified and licensed personnel;
(iv) (vii) financial plan;
(v) (viii) governance and
management structure and plan; and
(vi) background and experience;
(ix) market need and demand study; and
(x) plan for ongoing outreach and
dissemination of information about the school's offerings and enrollment
procedure to families that reflect the diversity of Minnesota's population and
targeted groups under section 124E.17, subdivision 1, paragraph (a);
(2) the school developer's experience
and background, including criminal history and bankruptcy background checks;
(2) (3) any other
information the authorizer requests; and
(3) (4) a "statement of assurances" of legal compliance prescribed by the commissioner.
(c) An authorizer shall not approve an application submitted by a charter school developer under paragraph (a) if the application does not comply with subdivision 3, paragraph (e), and section 124E.01, subdivision 1. The commissioner shall not approve an affidavit submitted by an authorizer under subdivision 4 if the affidavit does not comply with subdivision 3, paragraph (e), and section 124E.01, subdivision 1.
Sec. 7. Minnesota Statutes 2022, section 124E.06, subdivision 4, is amended to read:
Subd. 4. Authorizer's affidavit; approval process. (a) Before an operator may establish and operate a school, the authorizer must file an affidavit with the commissioner stating its intent to charter a school. An authorizer must file a separate affidavit for each school it intends to charter. An authorizer must file an affidavit at least 14 months before July 1 of the year the new charter school plans to serve students. The affidavit must state:
(1) the terms and conditions under which the authorizer would charter a school, including a market need and demand study; and
(2) how the authorizer intends to oversee:
(i) the fiscal and student performance of the charter school; and
(ii) compliance with the terms of the written contract between the authorizer and the charter school board of directors under section 124E.10, subdivision 1.
(b) The commissioner must approve or disapprove the authorizer's affidavit within 60 business days of receiving the affidavit. If the commissioner disapproves the affidavit, the commissioner shall notify the authorizer of the deficiencies in the affidavit and the authorizer then has 20 business days to address the deficiencies. The commissioner must notify the authorizer of the commissioner's final approval or final disapproval within 15 business days after receiving the authorizer's response to the deficiencies in the affidavit. If the authorizer does not address deficiencies to the commissioner's satisfaction, the commissioner's disapproval is final. An authorizer who fails to obtain the commissioner's approval is precluded from chartering the school that is the subject of this affidavit.
Sec. 8. Minnesota Statutes 2022, section 124E.06, subdivision 5, is amended to read:
Subd. 5. Adding grades or sites. (a) A charter school may apply to the authorizer to amend the school charter to add grades or primary enrollment sites beyond those defined in the original affidavit approved by the commissioner. After approving the school's application, the authorizer shall submit a supplemental affidavit in the form and manner prescribed by the commissioner. The authorizer must file a supplemental affidavit to the commissioner by October 1 to be eligible to add grades or sites in the next school year. The supplemental affidavit must document to the authorizer's satisfaction:
(1) the need for the additional grades or sites with supporting long-range enrollment projections;
(2) a longitudinal record of student academic performance and growth on statewide assessments under chapter 120B or on other academic assessments that measure longitudinal student performance and growth approved by the charter school's board of directors and agreed upon with the authorizer;
(3) a history of sound school finances and
a plan to add grades or sites that sustains the school's finances; and
(4) board capacity to administer and
manage the additional grades or sites.; and
(5) for site expansion, a
market need and demand study.
(b) The commissioner shall have 30 business days to review and comment on the supplemental affidavit. The commissioner shall notify the authorizer in writing of any deficiencies in the supplemental affidavit and the authorizer then has 20 business days to address any deficiencies in the supplemental affidavit to the commissioner's satisfaction. The commissioner must notify the authorizer of final approval or final disapproval within 15 business days after receiving the authorizer's response to the deficiencies in the affidavit. The school may not add grades or sites until the commissioner has approved the supplemental affidavit. The commissioner's approval or disapproval of a supplemental affidavit is final.
Sec. 9. Minnesota Statutes 2022, section 124E.10, subdivision 1, is amended to read:
Subdivision 1. Contents. (a) To authorize a charter school, the authorizer and the charter school board of directors must sign a written contract within 45 business days of the commissioner's approval of the authorizer's affidavit. The authorizer shall submit a copy of the charter contract to the commissioner within ten business days after the contract is signed by the contracting parties. The contract must include at least the following:
(1) a declaration that the charter school will carry out the primary purpose in section 124E.01, subdivision 1, and indicate how the school will report its implementation of the primary purpose to its authorizer;
(2) a declaration of the additional purpose or purposes in section 124E.01, subdivision 1, that the school intends to carry out and indicate how the school will report its implementation of those purposes to its authorizer;
(3) a description of the school program and the specific academic and nonacademic outcomes that pupils must achieve;
(4) a statement of the school's admission policies and procedures;
(5) a school governance, management, and administration plan;
(6) signed agreements from charter school board members to comply with the federal and state laws governing organizational, programmatic, and financial requirements applicable to charter schools;
(7) the criteria, processes, and procedures the authorizer will use to monitor and evaluate the fiscal, operational, and academic performance, consistent with subdivision 3, paragraphs (a) and (b);
(8) for contract renewal, the formal written performance evaluation that is a prerequisite for reviewing a charter contract under subdivision 3;
(9) types and amounts of insurance liability coverage the charter school must obtain, consistent with section 124E.03, subdivision 2, paragraph (d);
(10) consistent with section 124E.09, paragraph (d), a provision to indemnify and hold harmless from any suit, claim, or liability arising from any charter school operation:
(i) the authorizer and its officers, agents, and employees; and
(ii) notwithstanding section 3.736, the commissioner and department officers, agents, and employees;
(11) the term of the contract, which, for an initial contract, may be up to five years plus a preoperational planning period, or for a renewed contract or a contract with a new authorizer after a transfer of authorizers, may be up to five years, if warranted by the school's academic, financial, and operational performance;
(12) how the charter school board of directors or the charter school operators will provide special instruction and services for children with a disability under sections 125A.03 to 125A.24, and 125A.65, and a description of the financial parameters within which the charter school will provide the special instruction and services to children with a disability;
(13) the specific conditions for contract renewal that identify the performance of all students under the primary purpose of section 124E.01, subdivision 1, as the most important factor in determining whether to renew the contract; and
(14) the additional purposes under section 124E.01, subdivision 1, and related performance obligations under clause (7) contained in the charter contract as additional factors in determining whether to renew the contract.
(b) In addition to the requirements of paragraph (a), the charter contract must contain the plan for an orderly closing of the school under chapter 317A, that establishes the responsibilities of the school board of directors and the authorizer, whether the closure is a termination for cause, a voluntary termination, or a nonrenewal of the contract. The plan must establish who is responsible for:
(1) notifying the commissioner, school district in which the charter school is located, and parents of enrolled students about the closure;
(2) providing parents of enrolled students information and assistance to enable the student to re-enroll in another school;
(3) transferring student records under section 124E.03, subdivision 5, paragraph (b), to the student's resident school district; and
(4) closing financial operations.
(c) A charter school must design its programs to at least meet the outcomes adopted by the commissioner for public school students, including world's best workforce goals under section 120B.11, subdivision 1. In the absence of the commissioner's requirements governing state standards and benchmarks, the school must meet the outcomes contained in the contract with the authorizer. The achievement levels of the outcomes contained in the contract may exceed the achievement levels of any outcomes adopted by the commissioner for public school students.
Sec. 10. Minnesota Statutes 2022, section 124E.11, is amended to read:
124E.11
ADMISSION REQUIREMENTS AND ENROLLMENT.
(a) A charter school, including its preschool or prekindergarten program established under section 124E.06, subdivision 3, paragraph (b), may limit admission to:
(1) pupils within an age group or grade level;
(2) pupils who are eligible to participate in the graduation incentives program under section 124D.68; or
(3) residents of a specific geographic area in which the school is located when the majority of students served by the school are members of underserved populations.
(b) A charter school, including
its preschool or prekindergarten program established under section 124E.06,
subdivision 3, paragraph (b), shall must enroll an eligible pupil
who submits a timely application, unless the number of applications exceeds the
capacity of a program, class, grade level, or building. In this case, pupils must be accepted by lot. The charter school must develop and publish,
including on its website, a lottery policy and process that it must use when
accepting pupils by lot.
(c) Admission to a charter school must be
free to any eligible pupil who resides within the state. A charter school must give enrollment
preference to a Minnesota resident pupil over pupils that do not reside in
Minnesota. A charter school must require
a pupil who does not reside in Minnesota to annually apply to enroll in
accordance with paragraphs (a) to (f).
A charter school shall must give enrollment preference to
a sibling of an enrolled pupil and to a foster child of that pupil's parents
and may give preference for enrolling children of the school's staff before
accepting other pupils by lot. A charter
school that is located in Duluth township in St. Louis County and admits
students in kindergarten through grade 6 must give enrollment preference to
students residing within a five-mile radius of the school and to the siblings
of enrolled children. A charter
school may give enrollment preference to children currently enrolled in the
school's free preschool or prekindergarten program under section 124E.06,
subdivision 3, paragraph (b), who are eligible to enroll in kindergarten in the
next school year.
(d) A person shall may not be
admitted to a charter school (1) as a kindergarten pupil, unless the pupil is
at least five years of age on September 1 of the calendar year in which the
school year for which the pupil seeks admission commences; or (2) as a first
grade student, unless the pupil is at least six years of age on September 1 of
the calendar year in which the school year for which the pupil seeks admission
commences or has completed kindergarten; except that a charter school may
establish and publish on its website a policy for admission of selected pupils
at an earlier age, consistent with the enrollment process in paragraphs (b) and
(c).
(e) Except as permitted in paragraph (d)
paragraphs (d) and (i), a charter school, including its preschool or
prekindergarten program established under section 124E.06, subdivision 3,
paragraph (b), may not limit admission to pupils on the basis of intellectual
ability, measures of achievement or aptitude, or athletic ability and may not
establish any criteria or requirements for admission that are inconsistent with
this section.
(f) The charter school shall must
not distribute any services or goods of value to students, parents, or
guardians as an inducement, term, or condition of enrolling a student in a
charter school.
(g) Once a student who resides in Minnesota is enrolled in the school in kindergarten through grade 12, or in the school's free preschool or prekindergarten program under section 124E.06, subdivision 3, paragraph (b), the student is considered enrolled in the school until the student formally withdraws or is expelled under the Pupil Fair Dismissal Act in sections 121A.40 to 121A.56.
(h) A charter school with at least 90 percent of enrolled students who are eligible for special education services and have a primary disability of deaf or hard-of-hearing may enroll prekindergarten pupils with a disability under section 126C.05, subdivision 1, paragraph (a), and must comply with the federal Individuals with Disabilities Education Act under Code of Federal Regulations, title 34, section 300.324, subsection (2), clause (iv).
(i) A charter school serving at least
90 percent of enrolled students who are eligible for special education services
and have a primary disability of deaf, deafblind, or hard-of-hearing may give
enrollment preference to students who are eligible for special education
services and have a primary disability of deaf, deafblind, or hard‑of‑hearing. The charter school may not limit admission
based on the student's eligibility for additional special education services.
Sec. 11. Minnesota Statutes 2022, section 124E.12, subdivision 1, is amended to read:
Subdivision 1. Teachers. A charter school, excluding its
preschool or prekindergarten program established under section 124E.06,
subdivision 3, must employ or contract with necessary teachers, as defined
by section 122A.15, subdivision 1, 122A.06, subdivision 2, or
contract with a cooperative formed under chapter 308A to provide necessary
teachers, who hold valid licenses to perform the particular service for
which they are employed in the school. A
charter school's preschool or prekindergarten program must employ or contract
with teachers knowledgeable in early childhood curriculum content, assessment,
native and English language programs, and instruction established under section
124E.06, subdivision 3. The
commissioner may reduce the charter school's state aid under section 127A.43 if
the school employs a teacher who is not appropriately licensed or approved by
the Professional Educator Licensing and Standards Board. The school may employ necessary employees who
are not required to hold teaching licenses to perform duties other than
teaching and may contract for other services.
The school may discharge teachers and nonlicensed employees. The charter school board is subject to
section 181.932 governing whistle-blowers.
When offering employment to a prospective employee, a charter school
must give that employee a written description of the terms and conditions of
employment and the school's personnel policies.
Sec. 12. Minnesota Statutes 2022, section 124E.13, subdivision 1, is amended to read:
Subdivision 1. Leased space. A charter school may lease space from: an independent or special school board; other public organization; private, nonprofit, nonsectarian organization; private property owner; or a sectarian organization if the leased space is constructed as a school facility. In all cases, the eligible lessor must also be the building owner. The commissioner must review and approve or disapprove leases in a timely manner to determine eligibility for lease aid under section 124E.22.
Sec. 13. Minnesota Statutes 2022, section 124E.13, subdivision 3, is amended to read:
Subd. 3. Affiliated
nonprofit building corporation. (a)
An affiliated nonprofit building corporation may purchase, expand, or renovate
an existing facility to serve as a school or may construct a new school
facility. A One charter
school may organize an affiliated nonprofit building corporation that serves
only that charter school if the charter school:
(1) has operated for at least six consecutive years;
(2) as of June 30, has a net positive unreserved general fund balance in the preceding three fiscal years;
(3) has long-range strategic and financial plans that include enrollment projections for at least five years;
(4) completes a feasibility study of facility options that outlines the benefits and costs of each option; and
(5) has a plan that describes project parameters and budget.
(b) An affiliated nonprofit building corporation under this subdivision must:
(1) be incorporated under section 317A;
(2) comply with applicable Internal Revenue Service regulations, including regulations for "supporting organizations" as defined by the Internal Revenue Service;
(3) post on the school website the name, mailing address, bylaws, minutes of board meetings, and names of the current board of directors of the affiliated nonprofit building corporation;
(4) submit to the commissioner a copy of its annual audit by December 31 of each year; and
(5) comply with government data practices law under chapter 13.
(c) An affiliated nonprofit building corporation must not serve as the leasing agent for property or facilities it does not own. A charter school that leases a facility from an affiliated nonprofit building corporation that does not own the leased facility is ineligible to receive charter school lease aid. The state is immune from liability resulting from a contract between a charter school and an affiliated nonprofit building corporation.
(d) The board of directors of the charter school must ensure the affiliated nonprofit building corporation complies with all applicable legal requirements. The charter school's authorizer must oversee the efforts of the board of directors of the charter school to ensure legal compliance of the affiliated building corporation. A school's board of directors that fails to ensure the affiliated nonprofit building corporation's compliance violates its responsibilities and an authorizer must consider that failure when evaluating the charter school.
Sec. 14. Minnesota Statutes 2022, section 124E.16, is amended to read:
124E.16
REPORTS.
Subdivision 1. Audit report. (a) A charter school is subject to the same financial audits, audit procedures, and audit requirements as a district, except as required under this subdivision. Audits must be conducted in compliance with generally accepted governmental auditing standards, the federal Single Audit Act, if applicable, and section 6.65 governing auditing procedures. A charter school is subject to and must comply with sections 15.054; 118A.01; 118A.02; 118A.03; 118A.04; 118A.05; 118A.06 governing government property and financial investments; and sections 471.38; 471.391; 471.392; and 471.425 governing municipal contracting. The audit must comply with the requirements of sections 123B.75 to 123B.83 governing school district finance, except when the commissioner and authorizer approve a deviation made necessary because of school program finances. The commissioner, state auditor, legislative auditor, or authorizer may conduct financial, program, or compliance audits. A charter school in statutory operating debt under sections 123B.81 to 123B.83 must submit a plan under section 123B.81, subdivision 4.
(b) The
charter school must submit an audit report to the commissioner and its
authorizer annually by December 31.
(c) The charter school, with the assistance
of the auditor conducting the audit, must include with the report, as
supplemental information: (1) a copy of a
new management agreements agreement or an amendment to a current
agreement with a charter management organization or an educational
management organization and (2) service agreements or contracts over the lesser
of $100,000 or ten percent of the school's most recent annual audited
expenditures CMO or EMO signed during the audit year; and (2) a copy of
a service agreement or contract with a company or individual totaling over five
percent of the audited expenditures for the most recent audit year. The agreements must detail the terms of the
agreement, including the services provided and the annual costs for those
services. If the entity that provides
the professional services to the charter school is exempt from taxation under
section 501 of the Internal Revenue Code of 1986, that entity must file with
the commissioner by February 15 a copy of the annual return required under
section 6033 of the Internal Revenue Code of 1986.
(d) A charter school independent audit report shall include audited financial data of an affiliated building corporation under section 124E.13, subdivision 3, or other component unit.
(e) If the audit report finds that a material weakness exists in the financial reporting systems of a charter school, the charter school must submit a written report to the commissioner explaining how the charter school will resolve that material weakness. An auditor, as a condition of providing financial services to a charter school, must agree to make available information about a charter school's financial audit to the commissioner and authorizer upon request.
Subd. 2. Annual public reports. (a) A charter school must publish an annual report approved by the board of directors. The annual report must at least include information on school enrollment, student attrition, governance and management, staffing, finances, management agreements with a CMO or EMO, academic performance, innovative practices and implementation, and future plans. A charter school may combine this report with the reporting required under section 120B.11 governing the world's best workforce. A charter school must post the annual report on the school's official website. A charter school also must distribute the annual report by publication, mail, or electronic means to its authorizer, school employees, and parents and legal guardians of students enrolled in the charter school. The reports are public data under chapter 13.
(b) An authorizer must submit an annual public report in a manner specified by the commissioner by January 15 for the previous school year ending June 30 that shall at least include key indicators of school academic, operational, and financial performance. The report is part of the system to evaluate authorizer performance under section 124E.05, subdivision 5.
Subd. 3. Public
accounting and reporting CMO and EMO agreements. (a) A charter school that enters into
a management agreement with a CMO or EMO must:
(1) publish on the charter school
website for at least 20 business days the proposed final agreement for public
review and comment before the school board may adopt the contract or agreement. Any changes made to the posted agreement
during the public review period or any proposed amendments to the agreement
once adopted must be posted for 20 business days before the board may adopt the
amendments to the contract;
(2) annually publish on the charter
school website a statement of assurance that no member of the school board,
staff, or any agent of the school has been promised or received any form of
compensation or gifts from the CMO or EMO and that no board member, employee,
or agent of the CMO or EMO or any of the organization affiliates or providers
serve on the charter school board; and
(3) conduct an independent review and
evaluation of the services provided by the CMO or EMO and publish the
evaluation on the school's website at least 30 business days before the end of
the current contract.
(b) A management agreement with a CMO
or EMO must contain the following:
(1) the term of the contract, not to
exceed five years;
(2) the total dollar value of the
contract including the annual projected costs of services;
(3) a description and terms of the
services to be provided during the term of the contract;
(4) notice that a charter school
closure during the term of the contract by action of the authorizer or the
school's board results in the balance of the current contract becoming null and
void;
(5) an annual statement of assurance to
the charter school board that the CMO or EMO provided no compensation or gifts
to any charter school board member, staff member, or agent of the charter
school;
(6) an annual statement of assurance
that no charter school board member, employee, contractor, or agent of the CMO
or EMO or any affiliated organization is a board member of the charter school
or any other charter school;
(7) the policies and protocols that
meet federal and state laws regarding student and personnel data collection,
usage, access, retention, disclosure and destruction, and indemnification and
warranty provisions in case of data breaches by the CMO or EMO; and
(8) an annual assurance that
all assets purchased on behalf of the charter school using public funds remain
assets of the school.
(c) The CMO or EMO must annually provide
the charter school board a financial report by July 31 that accounts for income
and expenditures for the previous fiscal year using the account categories in
uniform financial accounting and reporting standards.
(d) Any agreement with a CMO or EMO
containing any of the following provisions is null and void:
(1) restrictions on the charter school's
ability to operate a school upon termination of the agreement;
(2) restrictions on the annual or total
amount of the school's operating surplus or fund balance;
(3) authorization to allow a CMO or EMO
to withdraw funds from a charter school account; or
(4) authorization to allow a CMO or EMO
to loan funds to the charter school.
(e) A CMO or EMO or its affiliates,
employees, or agents may not contract with, be employed by, or serve on the
board of an authorizer. An authorizer or
its affiliates, employees, or agents may not contract with, be employed by,
serve as a paid consultant for, or serve as a board member of a CMO or EMO.
Sec. 15. Minnesota Statutes 2022, section 124E.25, subdivision 1a, is amended to read:
Subd. 1a. School
closures; payments. (a)
Notwithstanding subdivision 1 and section 127A.45, for a charter school ceasing
operation on or before June 30, for the payment periods occurring after the
school ceases serving students, the commissioner shall withhold the estimated
state aid owed the school. The charter
school board of directors and authorizer must submit to the commissioner a
closure plan under chapter 308A or 317A, and financial information about
the school's liabilities and assets. After
receiving the closure plan, financial information, an audit of pupil counts,
and documented lease expenditures from the charter school and monitoring
special education expenditures, the commissioner may release cash withheld and
may continue regular payments up to the current year payment percentages if
further amounts are owed. If, based on
audits and monitoring, the school received state aid in excess of the amount
owed, the commissioner shall retain aid withheld sufficient to eliminate the
aid overpayment.
(b) For a charter school ceasing operations before or at the end of a school year, notwithstanding section 127A.45, subdivision 3, the commissioner may make preliminary final payments after the school submits the closure plan, an audit of pupil counts, documented lease expenditures, and Uniform Financial Accounting and Reporting Standards (UFARS) financial data and the commissioner monitors special education expenditures for the final year of operation. The commissioner may make the final payment after receiving audited financial statements under section 123B.77, subdivision 3.
(c) Notwithstanding sections 317A.701 to 317A.791, after closing a charter school and satisfying creditors, remaining cash and investment balances shall be returned by the commissioner to the state general fund.
ARTICLE 7
SPECIAL EDUCATION
Section 1. Minnesota Statutes 2022, section 120A.20, subdivision 1, is amended to read:
Subdivision 1. Age limitations; pupils. (a) All schools supported in whole or in part by state funds are public schools. Admission to a public school is free to any person who: (1) resides within the district that operates the school; (2) is under 21 years of age or who meets the requirements of paragraph (c); and (3) satisfies the minimum
age requirements imposed by this section. Notwithstanding the provisions of any law to the contrary, the conduct of all students under 21 years of age attending a public secondary school is governed by a single set of reasonable rules and regulations promulgated by the school board.
(b) A person shall not be admitted to a public school (1) as a kindergarten pupil, unless the pupil is at least five years of age on September 1 of the calendar year in which the school year for which the pupil seeks admission commences; or (2) as a 1st grade student, unless the pupil is at least six years of age on September 1 of the calendar year in which the school year for which the pupil seeks admission commences or has completed kindergarten; except that any school board may establish a policy for admission of selected pupils at an earlier age under section 124D.02.
(c) A pupil who becomes age 21 after
enrollment is eligible for continued free public school enrollment until at
least one of the following occurs: (1)
the first September 1 after the pupil's 21st birthday; (2) the pupil's
completion of the graduation requirements; (3) the pupil's withdrawal with no
subsequent enrollment within 21 calendar days; or (4) the end of the
school year; or (5) in the case of a student with a disability as defined
under section 125A.02, the pupil's 22nd birthday.
Sec. 2. Minnesota Statutes 2022, section 121A.41, subdivision 7, is amended to read:
Subd. 7. Pupil. (a) "Pupil" means any student:
(1) without a disability under 21 years of age; or
(2) with a disability under 21 22
years old who has not received a regular high school diploma or for a child
with a disability who becomes 21 years old during the school year but has not
received a regular high school diploma, until the end of that school year;
and
(3) who remains eligible to attend a public elementary or secondary school.
(b) A "student with a disability" or a "pupil with a disability" has the same meaning as a "child with a disability" under section 125A.02.
Sec. 3. Minnesota Statutes 2022, section 122A.31, subdivision 1, is amended to read:
Subdivision 1. Requirements for American sign language/English interpreters. (a) In addition to any other requirements that a school district establishes, any person employed to provide American sign language/English interpreting or sign transliterating services on a full-time or part-time basis for a school district after July 1, 2000, must:
(1) hold current interpreter and or
transliterator certificates awarded by the Registry of Interpreters for the
Deaf (RID), or the general level interpreter proficiency certificate awarded by
the National Association of the Deaf (NAD), or a comparable state certification
from the commissioner of education;, and
(2) satisfactorily complete an
interpreter/transliterator training program affiliated with an accredited
educational institution.; or
(2) hold a certified deaf interpreter certification
issued by RID.
(b) New graduates of an interpreter/transliterator program affiliated with an accredited education institution or deaf interpreters who have completed 40 hours of RID-approved continuing education units shall be granted a two‑year provisional certificate by the commissioner. During the two-year provisional period, the interpreter/transliterator must develop and implement an education plan in collaboration with a mentor under paragraph (c).
(c) A mentor of a provisionally
certified interpreter/transliterator must be an interpreter/transliterator who
has either NAD level IV or V certification or RID certified interpreter and
certified transliterator certification and have at least three years of
interpreting/transliterating experience in any educational setting. The mentor, in collaboration with the
provisionally certified interpreter/transliterator, shall develop and implement
an education plan designed to meet the requirements of paragraph (a), clause
(1), and include a weekly on-site mentoring process.
(d) Consistent with the requirements of this paragraph, a person holding a provisional certificate may apply to the commissioner for one time-limited extension. The commissioner, in consultation with the Commission of the Deaf, DeafBlind and Hard of Hearing, must grant the person a time-limited extension of the provisional certificate based on the following documentation:
(1) letters of support from the person's mentor, a parent of a pupil the person serves, the special education director of the district in which the person is employed, and a representative from the regional service center of the deaf and hard-of-hearing;
(2)
records of the person's formal education, training, experience, and progress on
the person's education plan; and
(3) an explanation of why the extension is needed.
As a condition of receiving the extension,
the person must comply with a plan and the accompanying time line timeline
for meeting the requirements of this subdivision. A committee composed of the deaf and
hard-of-hearing state specialist, a representative of the Minnesota Association
of Deaf Citizens, a representative of the Minnesota Registry of Interpreters of
for the Deaf, and other appropriate persons committee members
selected by the commissioner must develop the plan and time line timeline
for the person receiving the extension.
(e) A school district may employ only an interpreter/transliterator who has been certified under paragraph (a) or (b), or for whom a time-limited extension has been granted under paragraph (d).
(f) An interpreter who meets the
requirements of paragraph (a) or (b) is "essential personnel" as
defined in section 125A.76, subdivision 1.
Sec. 4. Minnesota Statutes 2022, section 123B.92, subdivision 1, is amended to read:
Subdivision 1. Definitions. For purposes of this section and section 125A.76, the terms defined in this subdivision have the meanings given to them.
(a) "Actual expenditure per pupil transported in the regular and excess transportation categories" means the quotient obtained by dividing:
(1) the sum of:
(i) all expenditures for transportation in the regular category, as defined in paragraph (b), clause (1), and the excess category, as defined in paragraph (b), clause (2), plus
(ii) an amount equal to one year's depreciation on the district's school bus fleet and mobile units computed on a straight line basis at the rate of 15 percent per year for districts operating a program under section 124D.128 for grades 1 to 12 for all students in the district and 12-1/2 percent per year for other districts of the cost of the fleet, plus
(iii) an amount equal to one year's depreciation on the district's type III vehicles, as defined in section 169.011, subdivision 71, which must be used a majority of the time for pupil transportation purposes, computed on a straight line basis at the rate of 20 percent per year of the cost of the type three school buses by:
(2) the number of pupils eligible for transportation in the regular category, as defined in paragraph (b), clause (1), and the excess category, as defined in paragraph (b), clause (2).
(b) "Transportation category" means a category of transportation service provided to pupils as follows:
(1) Regular transportation is:
(i) transportation to and from school during the regular school year for resident elementary pupils residing one mile or more from the public or nonpublic school they attend, and resident secondary pupils residing two miles or more from the public or nonpublic school they attend, excluding desegregation transportation and noon kindergarten transportation; but with respect to transportation of pupils to and from nonpublic schools, only to the extent permitted by sections 123B.84 to 123B.87;
(ii) transportation of resident pupils to and from language immersion programs;
(iii) transportation of a pupil who is a custodial parent and that pupil's child between the pupil's home and the child care provider and between the provider and the school, if the home and provider are within the attendance area of the school;
(iv) transportation to and from or board and lodging in another district, of resident pupils of a district without a secondary school;
(v) transportation to and from school during the regular school year required under subdivision 3 for nonresident elementary pupils when the distance from the attendance area border to the public school is one mile or more, and for nonresident secondary pupils when the distance from the attendance area border to the public school is two miles or more, excluding desegregation transportation and noon kindergarten transportation; and
(vi) transportation of pregnant or parenting pupils to and from a program that was established on or before January 1, 2018, or that is in operation on or after July 1, 2021, that provides:
(A) academic instruction;
(B) at least four hours per week of parenting instruction; and
(C) high-quality child care on site during the education day with the capacity to serve all children of enrolled pupils.
For the purposes of this paragraph, a district may designate a licensed day care facility, school day care facility, respite care facility, the residence of a relative, or the residence of a person or other location chosen by the pupil's parent or guardian, or an after-school program for children operated by a political subdivision of the state, as the home of a pupil for part or all of the day, if requested by the pupil's parent or guardian, and if that facility, residence, or program is within the attendance area of the school the pupil attends.
(2) Excess transportation is:
(i) transportation to and from school during the regular school year for resident secondary pupils residing at least one mile but less than two miles from the public or nonpublic school they attend, and transportation to and from school for resident pupils residing less than one mile from school who are transported because of full-service school zones, extraordinary traffic, drug, or crime hazards; and
(ii) transportation to and from school during the regular school year required under subdivision 3 for nonresident secondary pupils when the distance from the attendance area border to the school is at least one mile but less than two miles from the public school they attend, and for nonresident pupils when the distance from the attendance area border to the school is less than one mile from the school and who are transported because of full-service school zones, extraordinary traffic, drug, or crime hazards.
(3) Desegregation transportation is transportation within and outside of the district during the regular school year of pupils to and from schools located outside their normal attendance areas under a plan for desegregation mandated by the commissioner or under court order.
(4) "Transportation services for pupils with disabilities" is:
(i) transportation of pupils with disabilities who cannot be transported on a regular school bus between home or a respite care facility and school;
(ii) necessary transportation of pupils with disabilities from home or from school to other buildings, including centers such as developmental achievement centers, hospitals, and treatment centers where special instruction or services required by sections 125A.03 to 125A.24, 125A.26 to 125A.48, and 125A.65 are provided, within or outside the district where services are provided;
(iii) necessary transportation for resident pupils with disabilities required by sections 125A.12, and 125A.26 to 125A.48;
(iv) board and lodging for pupils with disabilities in a district maintaining special classes;
(v) transportation from one educational facility to another within the district for resident pupils enrolled on a shared-time basis in educational programs, and necessary transportation required by sections 125A.18, and 125A.26 to 125A.48, for resident pupils with disabilities who are provided special instruction and services on a shared-time basis or if resident pupils are not transported, the costs of necessary travel between public and private schools or neutral instructional sites by essential personnel employed by the district's program for children with a disability;
(vi) transportation for resident pupils with disabilities to and from board and lodging facilities when the pupil is boarded and lodged for educational purposes;
(vii) transportation of pupils for a curricular field trip activity on a school bus equipped with a power lift when the power lift is required by a student's disability or section 504 plan; and
(viii) services described in clauses (i) to (vii), when provided for pupils with disabilities in conjunction with a summer instructional program that relates to the pupil's individualized education program or in conjunction with a learning year program established under section 124D.128.
For purposes of computing special education initial aid under section 125A.76, the cost of providing transportation for children with disabilities includes (A) the additional cost of transporting a student in a shelter care facility as defined in section 260C.007, subdivision 30, a student placed in a family foster home as defined in section 260C.007, subdivision 16b, a homeless student in another district to the school of origin, or a formerly homeless student from a permanent home in another district to the school of origin but only through the end of the academic year; and (B) depreciation on district-owned school buses purchased after July 1, 2005, and used primarily for transportation of pupils with disabilities, calculated according to paragraph (a), clauses (ii) and (iii). Depreciation costs included in the disabled transportation category must be excluded in calculating the actual expenditure per
pupil transported in the regular and excess transportation categories according to paragraph (a). For purposes of subitem (A), a school district may transport a child who does not have a school of origin to the same school attended by that child's sibling, if the siblings are homeless or in a shelter care facility.
(5) "Nonpublic nonregular transportation" is:
(i) transportation from one educational facility to another within the district for resident pupils enrolled on a shared-time basis in educational programs, excluding transportation for nonpublic pupils with disabilities under clause (4);
(ii) transportation within district boundaries between a nonpublic school and a public school or a neutral site for nonpublic school pupils who are provided pupil support services pursuant to section 123B.44; and
(iii) late transportation home from school or between schools within a district for nonpublic school pupils involved in after-school activities.
(c) "Mobile unit" means a vehicle or trailer designed to provide facilities for educational programs and services, including diagnostic testing, guidance and counseling services, and health services. A mobile unit located off nonpublic school premises is a neutral site as defined in section 123B.41, subdivision 13.
Sec. 5. Minnesota Statutes 2022, section 124D.128, subdivision 2, is amended to read:
Subd. 2. Commissioner designation. (a) A state-approved alternative program designated by the state must be a site. A state-approved alternative program must provide services to students who meet the criteria in section 124D.68 and who are enrolled in:
(1) a district that is served by the state-approved alternative program; or
(2) a charter school located within the geographic boundaries of a district that is served by the state-approved alternative program.
(b) To be designated, a state-approved alternative program must demonstrate to the commissioner that it will:
(1) provide a program of instruction that permits pupils to receive instruction throughout the entire year; and
(2) develop and maintain a separate record system that, for purposes of section 126C.05, permits identification of membership attributable to pupils participating in the program. The record system and identification must ensure that the program will not have the effect of increasing the total average daily membership attributable to an individual pupil as a result of a learning year program. The record system must include the date the pupil originally enrolled in a learning year program, the pupil's grade level, the date of each grade promotion, the average daily membership generated in each grade level, the number of credits or standards earned, and the number needed to graduate.
(c) A student who has not completed a school
district's graduation requirements may continue to enroll in courses the
student must complete in order to graduate until the student satisfies the
district's graduation requirements or the student is 21 years old, whichever
comes first. A student with a
disability as set forth in section 125A.02 may continue to enroll in courses
until the student graduates with a regular high school diploma or the student
is 22 years old, whichever comes first.
Sec. 6. Minnesota Statutes 2022, section 124D.68, subdivision 2, is amended to read:
Subd. 2. Eligible pupils. (a) A pupil under the age of 21 or who meets the requirements of section 120A.20, subdivision 1, paragraph (c), is eligible to participate in the graduation incentives program, if the pupil:
(1) performs substantially below the performance level for pupils of the same age in a locally determined achievement test;
(2) is behind in satisfactorily completing coursework or obtaining credits for graduation;
(3) is pregnant or is a parent;
(4) has been assessed as having substance use disorder;
(5) has been excluded or expelled according to sections 121A.40 to 121A.56;
(6) has been referred by a school district for enrollment in an eligible program or a program pursuant to section 124D.69;
(7) is a victim of physical or sexual abuse;
(8) has experienced mental health problems;
(9) has experienced homelessness sometime within six months before requesting a transfer to an eligible program;
(10) speaks English as a second language or is an English learner;
(11) has withdrawn from school or has been chronically truant; or
(12) is being treated in a hospital in the seven-county metropolitan area for cancer or other life threatening illness or is the sibling of an eligible pupil who is being currently treated, and resides with the pupil's family at least 60 miles beyond the outside boundary of the seven-county metropolitan area.
(b) A pupil otherwise qualifying under paragraph (a) who is at least 21 years of age and not yet 22 years of age, and is an English learner with an interrupted formal education according to section 124D.59, subdivision 2a, or is a pupil with a disability as set forth in section 125A.02, is eligible to participate in the graduation incentives program under section 124D.68 and in concurrent enrollment courses offered under section 124D.09, subdivision 10, and is funded in the same manner as other pupils under this section.
Sec. 7. Minnesota Statutes 2022, section 125A.03, is amended to read:
125A.03
SPECIAL INSTRUCTION FOR CHILDREN WITH A DISABILITY.
(a) As defined in paragraph (b), every district must provide special instruction and services, either within the district or in another district, for all children with a disability, including providing required services under Code of Federal Regulations, title 34, section 300.121, paragraph (d), to those children suspended or expelled from school for more than ten school days in that school year, who are residents of the district and who are disabled as set forth in section 125A.02. For purposes of state and federal special education laws, the phrase "special instruction and services" in the state Education Code means a free and appropriate public education provided to an eligible child with disabilities. "Free appropriate public education" means special education and related services that:
(1) are provided at public expense, under public supervision and direction, and without charge;
(2) meet the standards of the state, including the requirements of the Individuals with Disabilities Education Act, Part B or C;
(3) include an appropriate preschool, elementary school, or secondary school education; and
(4) are provided to children ages three through 21 in conformity with an individualized education program that meets the requirements of the Individuals with Disabilities Education Act, subpart A, sections 300.320 to 300.324, and provided to infants and toddlers in conformity with an individualized family service plan that meets the requirements of the Individuals with Disabilities Education Act, subpart A, sections 303.300 to 303.346.
(b) Notwithstanding any age limits in laws
to the contrary, special instruction and services must be provided from birth until
July 1 after the child with a disability becomes 21 years old until the
child with a disability becomes 22 years old but shall not extend beyond
secondary school or its equivalent, except as provided in section 124D.68,
subdivision 2. Local health, education,
and social service agencies must refer children under age five who are known to
need or suspected of needing special instruction and services to the school
district. Districts with less than the
minimum number of eligible children with a disability as determined by the
commissioner must cooperate with other districts to maintain a full range of
programs for education and services for children with a disability. This section does not alter the compulsory
attendance requirements of section 120A.22.
(c) At the board's discretion, a school district that participates in a reciprocity agreement with a neighboring state under section 124D.041 may enroll and provide special instruction and services to a child from an adjoining state whose family resides at a Minnesota address as assigned by the United States Postal Service if the district has completed child identification procedures for that child to determine the child's eligibility for special education services, and the child has received developmental screening under sections 121A.16 to 121A.19.
Sec. 8. Minnesota Statutes 2022, section 125A.0942, is amended to read:
125A.0942
STANDARDS FOR RESTRICTIVE PROCEDURES.
Subdivision 1. Restrictive procedures plan. (a) Schools that intend to use restrictive procedures shall maintain and make publicly accessible in an electronic format on a school or district website or make a paper copy available upon request describing a restrictive procedures plan for children with disabilities that at least:
(1) lists the restrictive procedures the school intends to use;
(2) describes how the school will implement a range of positive behavior strategies and provide links to mental health services;
(3) describes how the school will provide training on de-escalation techniques, consistent with section 122A.187, subdivision 4;
(4) describes how the school will monitor and review the use of restrictive procedures, including:
(i) conducting post-use debriefings, consistent with subdivision 3, paragraph (a), clause (5); and
(ii) convening an oversight committee to
undertake a quarterly review of the use of restrictive procedures based on
patterns or problems indicated by similarities in the time of day, day of the
week, duration of the use of a procedure, the individuals involved, or other
factors associated with the use of restrictive procedures; the number of times
a restrictive procedure is used schoolwide and for individual children; the
number and types of injuries, if any, resulting from the use of restrictive
procedures; whether restrictive procedures are used in nonemergency situations;
the need for additional staff training; and proposed actions to minimize the
use of restrictive procedures; any
disproportionate use of restrictive procedures based on race, gender, or disability status; the role of the school resource officer or police in emergencies and the use of restrictive procedures; and documentation to determine if the standards for using restrictive procedures as described in sections 125A.0941 and 125A.0942 are met; and
(5) includes a written description and documentation of the training staff completed under subdivision 5.
(b) Schools annually must publicly identify oversight committee members who must at least include:
(1) a mental health professional, school psychologist, or school social worker;
(2) an expert in positive behavior strategies;
(3) a special education administrator; and
(4) a general education administrator.
Subd. 2. Restrictive procedures. (a) Restrictive procedures may be used only by a licensed special education teacher, school social worker, school psychologist, behavior analyst certified by the National Behavior Analyst Certification Board, a person with a master's degree in behavior analysis, other licensed education professional, paraprofessional under section 120B.363, or mental health professional under section 245.4871, subdivision 27, who has completed the training program under subdivision 5.
(b) A school shall make reasonable efforts to notify the parent on the same day a restrictive procedure is used on the child, or if the school is unable to provide same-day notice, notice is sent within two days by written or electronic means or as otherwise indicated by the child's parent under paragraph (f).
(c) The district must hold a meeting of the individualized education program or individualized family service plan team, conduct or review a functional behavioral analysis, review data, consider developing additional or revised positive behavioral interventions and supports, consider actions to reduce the use of restrictive procedures, and modify the individualized education program, individualized family service plan, or behavior intervention plan as appropriate. The district must hold the meeting: within ten calendar days after district staff use restrictive procedures on two separate school days within 30 calendar days or a pattern of use emerges and the child's individualized education program, individualized family service plan, or behavior intervention plan does not provide for using restrictive procedures in an emergency; or at the request of a parent or the district after restrictive procedures are used. The district must review use of restrictive procedures at a child's annual individualized education program or individualized family service plan meeting when the child's individualized education program or individualized family service plan provides for using restrictive procedures in an emergency.
(d) If the individualized education program or individualized family service plan team under paragraph (c) determines that existing interventions and supports are ineffective in reducing the use of restrictive procedures or the district uses restrictive procedures on a child on ten or more school days during the same school year, the team, as appropriate, either must consult with other professionals working with the child; consult with experts in behavior analysis, mental health, communication, or autism; consult with culturally competent professionals; review existing evaluations, resources, and successful strategies; or consider whether to reevaluate the child.
(e) At the individualized education program or individualized family service plan meeting under paragraph (c), the team must review any known medical or psychological limitations, including any medical information the parent provides voluntarily, that contraindicate the use of a restrictive procedure, consider whether to prohibit that restrictive procedure, and document any prohibition in the individualized education program, individualized family service plan, or behavior intervention plan.
(f) An individualized education program or individualized family service plan team may plan for using restrictive procedures and may include these procedures in a child's individualized education program, individualized family service plan, or behavior intervention plan; however, the restrictive procedures may be used only in response to behavior that constitutes an emergency, consistent with this section. The individualized education program, individualized family service plan, or behavior intervention plan shall indicate how the parent wants to be notified when a restrictive procedure is used.
Subd. 3. Physical holding or seclusion. (a) Physical holding or seclusion may be used only in an emergency. A school that uses physical holding or seclusion shall meet the following requirements:
(1) physical holding or seclusion is the least intrusive intervention that effectively responds to the emergency;
(2) physical holding or seclusion is not used to discipline a noncompliant child;
(3) physical holding or seclusion ends when the threat of harm ends and the staff determines the child can safely return to the classroom or activity;
(4) staff directly observes the child while physical holding or seclusion is being used;
(5) each time physical holding or seclusion is used, the staff person who implements or oversees the physical holding or seclusion documents, as soon as possible after the incident concludes, the following information:
(i) a description of the incident that led to the physical holding or seclusion;
(ii) why a less restrictive measure failed or was determined by staff to be inappropriate or impractical;
(iii) the time the physical holding or
seclusion began and the time the child was released; and
(iv) a brief record of the child's
behavioral and physical status; and
(v) a brief description of the post-use
debriefing that occurred as a result of the use of the physical hold or
seclusion;
(6) the room used for seclusion must:
(i) be at least six feet by five feet;
(ii) be well lit, well ventilated, adequately heated, and clean;
(iii) have a window that allows staff to directly observe a child in seclusion;
(iv) have tamperproof fixtures, electrical switches located immediately outside the door, and secure ceilings;
(v) have doors that open out and are unlocked, locked with keyless locks that have immediate release mechanisms, or locked with locks that have immediate release mechanisms connected with a fire and emergency system; and
(vi) not contain objects that a child may use to injure the child or others; and
(7) before using a room for seclusion, a school must:
(i) receive written notice from local authorities that the room and the locking mechanisms comply with applicable building, fire, and safety codes; and
(ii) register the room with the commissioner, who may view that room.
(b) By February 1, 2015, and annually thereafter, stakeholders may, as necessary, recommend to the commissioner specific and measurable implementation and outcome goals for reducing the use of restrictive procedures and the commissioner must submit to the legislature a report on districts' progress in reducing the use of restrictive procedures that recommends how to further reduce these procedures and eliminate the use of seclusion. The statewide plan includes the following components: measurable goals; the resources, training, technical assistance, mental health services, and collaborative efforts needed to significantly reduce districts' use of seclusion; and recommendations to clarify and improve the law governing districts' use of restrictive procedures. The commissioner must consult with interested stakeholders when preparing the report, including representatives of advocacy organizations, special education directors, teachers, paraprofessionals, intermediate school districts, school boards, day treatment providers, county social services, state human services department staff, mental health professionals, and autism experts. Beginning with the 2016-2017 school year, in a form and manner determined by the commissioner, districts must report data quarterly to the department by January 15, April 15, July 15, and October 15 about individual students who have been secluded. By July 15 each year, districts must report summary data on their use of restrictive procedures to the department for the prior school year, July 1 through June 30, in a form and manner determined by the commissioner. The summary data must include information about the use of restrictive procedures, including use of reasonable force under section 121A.582.
Subd. 4. Prohibitions. The following actions or procedures are prohibited:
(1) engaging in conduct prohibited under section 121A.58;
(2) requiring a child to assume and maintain a specified physical position, activity, or posture that induces physical pain;
(3) totally or partially restricting a child's senses as punishment;
(4) presenting an intense sound, light, or other sensory stimuli using smell, taste, substance, or spray as punishment;
(5) denying or restricting a child's access to equipment and devices such as walkers, wheelchairs, hearing aids, and communication boards that facilitate the child's functioning, except when temporarily removing the equipment or device is needed to prevent injury to the child or others or serious damage to the equipment or device, in which case the equipment or device shall be returned to the child as soon as possible;
(6)
interacting with a child in a manner that constitutes sexual abuse, neglect, or
physical abuse under chapter 260E;
(7) withholding regularly scheduled meals or water;
(8) denying access to bathroom facilities;
(9) physical holding that restricts or
impairs a child's ability to breathe, restricts or impairs a child's ability to
communicate distress, places pressure or weight on a child's head, throat,
neck, chest, lungs, sternum, diaphragm, back, or abdomen, or results in
straddling a child's torso; and
(10) prone restraint.;
and
(11) the use of seclusion on children
from birth through grade 3 by September 1, 2024.
Subd. 5. Training for staff. (a) To meet the requirements of subdivision 1, staff who use restrictive procedures, including paraprofessionals, shall complete training in the following skills and knowledge areas:
(1) positive behavioral interventions;
(2) communicative intent of behaviors;
(3) relationship building;
(4) alternatives to restrictive procedures, including techniques to identify events and environmental factors that may escalate behavior;
(5) de-escalation methods;
(6) standards for using restrictive procedures only in an emergency;
(7) obtaining emergency medical assistance;
(8) the physiological and psychological impact of physical holding and seclusion;
(9) monitoring and responding to a child's physical signs of distress when physical holding is being used;
(10)
recognizing the symptoms of and interventions that may cause positional
asphyxia when physical holding is used;
(11) district policies and procedures for timely reporting and documenting each incident involving use of a restricted procedure; and
(12) schoolwide programs on positive behavior strategies.
(b) The commissioner, after consulting with the commissioner of human services, must develop and maintain a list of training programs that satisfy the requirements of paragraph (a). The commissioner also must develop and maintain a list of experts to help individualized education program or individualized family service plan teams reduce the use of restrictive procedures. The district shall maintain records of staff who have been trained and the organization or professional that conducted the training. The district may collaborate with children's community mental health providers to coordinate trainings.
Subd. 6. Behavior supports; reasonable force. (a) School districts are encouraged to establish effective schoolwide systems of positive behavior interventions and supports.
(b) Nothing in this section or section
125A.0941 precludes the use of reasonable force under sections 121A.582;
609.06, subdivision 1; and 609.379. For
the 2014-2015 school year and later, districts must collect and submit to the
commissioner summary data, consistent with subdivision 3, paragraph (b), on
district use of reasonable force that is consistent with the definition of
physical holding or seclusion for a child with a disability under this section. Any reasonable force used under sections
121A.582; 609.06, subdivision 1; and 609.379 which intends to hold a child
immobile or limit a child's movement where body contact is the only source of physical
restraint or confines a child alone in a room from which egress is barred shall
be reported to the Department of Education as a restrictive procedure,
including physical holding or seclusion used by an unauthorized or untrained
staff person.
(c) By February 1, 2024, the
commissioner, in cooperation with stakeholders, must make recommendations to
the legislature for urgently ending seclusion in Minnesota schools. The commissioner must consult with interested
stakeholders, including parents of students who have been secluded or
restrained; advocacy organizations; legal services providers; special education
directors; teachers; paraprofessionals; intermediate school districts and
cooperative units as defined under section 123A.24, subdivision 2; school
boards; day treatment providers; county social services; state human services
department staff; mental health professionals; autism experts; and
representatives of groups disproportionately affected by restrictive
procedures, including People of Color and people with disabilities. The recommendations must include specific
dates for ending seclusion by grade or facility. The recommendations must identify existing
resources and the new resources necessary for staff capacity, staff training,
children's supports, child mental health services, and schoolwide collaborative
efforts.
Sec. 9. Minnesota Statutes 2022, section 125A.15, is amended to read:
125A.15
PLACEMENT IN ANOTHER DISTRICT; RESPONSIBILITY.
The responsibility for special instruction and services for a child with a disability temporarily placed in another district for care and treatment shall be determined in the following manner:
(a) The district of residence of a child shall be the district in which the child's parent resides, if living, or the child's guardian. If there is a dispute between school districts regarding residency, the district of residence is the district designated by the commissioner.
(b) If a district other than the resident district places a pupil for care and treatment, the district placing the pupil must notify and give the resident district an opportunity to participate in the placement decision. When an immediate emergency placement of a pupil is necessary and time constraints foreclose a resident district from participating in the emergency placement decision, the district in which the pupil is temporarily placed must notify the resident district of the emergency placement within 15 days. The resident district has up to five business days after receiving notice of the emergency placement to request an opportunity to participate in the placement decision, which the placing district must then provide.
(c) When a child is temporarily placed for
care and treatment in a day program located in another district and the child
continues to live within the district of residence during the care and
treatment, the district of residence is responsible for providing
transportation to and from the care and treatment program and an appropriate
educational program for the child. The
resident district may establish reasonable restrictions on transportation,
except if a Minnesota court or agency orders the child placed at a day care and
treatment program and the resident district receives a copy of the order, then
the resident district must provide transportation to and from the program
unless the court or agency orders otherwise.
Transportation shall only be provided by the resident district during
regular operating hours of the resident district. The resident district may provide the
educational program at a school within the district of residence, at the
child's residence, or in the district in which the day treatment center is
located by paying tuition to that district.
If a child's district of residence, district of open enrollment under
section 124D.03, or charter school of enrollment under section 124E.11 is
authorized to provide online learning instruction under state statutes, the
child's district of residence may utilize that state-approved online learning
program in fulfilling its educational program responsibility under this section
if the child, or the child's parent or guardian for a pupil under the age of 18,
agrees to that form of instruction.
(d) When a child is temporarily placed in a residential program for care and treatment, the nonresident district in which the child is placed is responsible for providing an appropriate educational program for the child and necessary transportation while the child is attending the educational program; and must bill the district of the child's residence for the actual cost of providing the program, as outlined in section 125A.11, except as provided in paragraph (e). However, the board, lodging, and treatment costs incurred in behalf of a child with a disability placed outside of the school district of residence by the commissioner of human services or the commissioner of corrections or their
agents, for reasons other than providing for the child's special educational needs must not become the responsibility of either the district providing the instruction or the district of the child's residence. For the purposes of this section, the state correctional facilities operated on a fee-for-service basis are considered to be residential programs for care and treatment. If a child's district of residence, district of open enrollment under section 124D.03, or charter school of enrollment under section 124E.11 is authorized to provide online learning instruction under state statutes, the nonresident district may utilize that state-approved online learning program in fulfilling its educational program responsibility under this section if the child, or the child's parent or guardian for a pupil under the age of 18, agrees to that form of instruction.
(e) A privately owned and operated residential facility may enter into a contract to obtain appropriate educational programs for special education children and services with a joint powers entity. The entity with which the private facility contracts for special education services shall be the district responsible for providing students placed in that facility an appropriate educational program in place of the district in which the facility is located. If a privately owned and operated residential facility does not enter into a contract under this paragraph, then paragraph (d) applies.
(f) The district of residence shall pay tuition and other program costs, not including transportation costs, to the district providing the instruction and services. The district of residence may claim general education aid for the child as provided by law. Transportation costs must be paid by the district responsible for providing the transportation and the state must pay transportation aid to that district.
Sec. 10. Minnesota Statutes 2022, section 125A.51, is amended to read:
125A.51
PLACEMENT OF CHILDREN WITHOUT DISABILITIES; EDUCATION AND TRANSPORTATION.
The responsibility for providing instruction and transportation for a pupil without a disability who has a short‑term or temporary physical or emotional illness or disability, as determined by the standards of the commissioner, and who is temporarily placed for care and treatment for that illness or disability, must be determined as provided in this section.
(a) The school district of residence of the pupil is the district in which the pupil's parent or guardian resides. If there is a dispute between school districts regarding residency, the district of residence is the district designated by the commissioner.
(b) When parental rights have been terminated by court order, the legal residence of a child placed in a residential or foster facility for care and treatment is the district in which the child resides.
(c) Before the placement of a pupil for care and treatment, the district of residence must be notified and provided an opportunity to participate in the placement decision. When an immediate emergency placement is necessary and time does not permit resident district participation in the placement decision, the district in which the pupil is temporarily placed, if different from the district of residence, must notify the district of residence of the emergency placement within 15 days of the placement. When a nonresident district makes an emergency placement without first consulting with the resident district, the resident district has up to five business days after receiving notice of the emergency placement to request an opportunity to participate in the placement decision, which the placing district must then provide.
(d) When a pupil without a disability is temporarily placed for care and treatment in a day program and the pupil continues to live within the district of residence during the care and treatment, the district of residence must provide instruction and necessary transportation to and from the care and treatment program for the pupil. The resident district may establish reasonable restrictions on transportation, except if a Minnesota court or agency orders the
child placed at a day care and
treatment program and the resident district receives a copy of the order, then
the resident district must provide transportation to and from the program
unless the court or agency orders otherwise.
Transportation shall only be provided by the resident district during
regular operating hours of the resident district. The resident district may provide the
instruction at a school within the district of residence,; at the
pupil's residence,; through an authorized online learning program
provided by the pupil's resident district, district of open enrollment under
section 124D.03, or charter school of enrollment under section 124E.11 if the
child, or the child's parent or guardian for a pupil under the age of 18,
agrees to that form of instruction; or, in the case of a placement
outside of the resident district, in the district in which the day treatment
program is located by paying tuition to that district. The district of placement may contract with a
facility to provide instruction by teachers licensed by the Professional
Educator Licensing and Standards Board.
(e) When a pupil without a disability is
temporarily placed in a residential program for care and treatment, the
district in which the pupil is placed must provide instruction for the pupil
and necessary transportation while the pupil is receiving instruction, and in
the case of a placement outside of the district of residence, the nonresident
district must bill the district of residence for the actual cost of providing
the instruction for the regular school year and for summer school, excluding
transportation costs. If a pupil's
district of residence, district of open enrollment under section 124D.03, or
charter school of enrollment under section 124E.11 is authorized to provide
online learning instruction under state statutes, the district in which the
pupil is placed may utilize that state-approved online learning program in
fulfilling its responsibility to provide instruction under this section if the
child, or the child's parent or guardian for a pupil under the age of 18,
agrees to that form of instruction.
(f) Notwithstanding paragraph (e), if the pupil is homeless and placed in a public or private homeless shelter, then the district that enrolls the pupil under section 120A.20, subdivision 2, paragraph (b), shall provide the transportation, unless the district that enrolls the pupil and the district in which the pupil is temporarily placed agree that the district in which the pupil is temporarily placed shall provide transportation. When a pupil without a disability is temporarily placed in a residential program outside the district of residence, the administrator of the court placing the pupil must send timely written notice of the placement to the district of residence. The district of placement may contract with a residential facility to provide instruction by teachers licensed by the Professional Educator Licensing and Standards Board. For purposes of this section, the state correctional facilities operated on a fee-for-service basis are considered to be residential programs for care and treatment.
(g) The district of residence must include the pupil in its residence count of pupil units and pay tuition as provided in section 123A.488 to the district providing the instruction. Transportation costs must be paid by the district providing the transportation and the state must pay transportation aid to that district. For purposes of computing state transportation aid, pupils governed by this subdivision must be included in the disabled transportation category if the pupils cannot be transported on a regular school bus route without special accommodations.
Sec. 11. Minnesota Statutes 2022, section 125A.515, subdivision 3, is amended to read:
Subd. 3. Responsibilities
for providing education. (a) The
district in which the children's residential facility is located must provide
education services, including special education if eligible, to all students
placed in a facility. If a child's
district of residence, district of open enrollment under section 124D.03, or
charter school of enrollment under section 124E.11 is authorized to provide
online learning instruction under state statutes, the district in which the
children's residential facility is located may utilize that state-approved
online learning program in fulfilling its education services responsibility
under this section if the child, or the child's parent or guardian for a pupil
under the age of 18, agrees to that form of instruction.
(b) For education programs operated by the Department of Corrections, the providing district shall be the Department of Corrections. For students remanded to the commissioner of corrections, the providing and resident district shall be the Department of Corrections.
Sec. 12. Minnesota Statutes 2022, section 125A.76, subdivision 2c, is amended to read:
Subd. 2c. Special education aid. (a) For fiscal year 2020 and later, a district's special education aid equals the sum of the district's special education initial aid under subdivision 2a, the district's cross subsidy reduction aid under subdivision 2e, special education homeless pupil aid under subdivision 2f, and the district's excess cost aid under section 125A.79, subdivision 5.
(b) Notwithstanding paragraph (a), for fiscal year 2020, the special education aid for a school district, excluding the cross subsidy reduction aid under subdivision 2e, and excluding special education homeless pupil aid under subdivision 2f, must not exceed the greater of:
(i) the sum of 56 percent of the district's nonfederal special education expenditures plus 100 percent of the district's cost of providing transportation services for children with disabilities under section 123B.92, subdivision 1, paragraph (b), clause (4), plus the adjustment under sections 125A.11 and 127A.47, subdivision 7; or
(ii) the sum of: (A) the product of the district's average daily membership served and the special education aid increase limit and (B) the product of the sum of the special education aid the district would have received for fiscal year 2016 under Minnesota Statutes 2012, sections 125A.76 and 125A.79, as adjusted according to Minnesota Statutes 2012, sections 125A.11 and 127A.47, subdivision 7, the ratio of the district's average daily membership served for the current fiscal year to the district's average daily membership served for fiscal year 2016, and the program growth factor.
(c) Notwithstanding paragraph (a), for
fiscal year 2020 2024 and later the special education aid,
excluding the cross subsidy reduction aid under subdivision 2e, excluding
special education homeless pupil aid under subdivision 2f, for a school
district, not including a charter school or cooperative unit as defined in
section 123A.24, must not be less than the lesser of (1) the sum of 90 percent
for fiscal year 2020, 85 percent for fiscal year 2021, 80 percent for fiscal
year 2022, and 75 percent for fiscal year 2023 and later of the district's
nonfederal special education expenditures plus 100 percent of the district's
cost of providing transportation services for children with disabilities under
section 123B.92, subdivision 1, paragraph (b), clause (4), plus the adjustment
under sections 125A.11 and 127A.47, subdivision 7, for that fiscal year or (2)
the product of the sum of the special education aid the district would have
received for fiscal year 2016 under Minnesota Statutes 2012, sections 125A.76
and 125A.79, as adjusted according to Minnesota Statutes 2012, sections 125A.11
and 127A.47, subdivision 7, the ratio of the district's adjusted daily
membership for the current fiscal year to the district's average daily
membership for fiscal year 2016, and the minimum aid adjustment factor.
(d) Notwithstanding subdivision 2a and section 125A.79, a charter school in its first year of operation shall generate special education aid based on current year data. A newly formed cooperative unit as defined in section 123A.24 may apply to the commissioner for approval to generate special education aid for its first year of operation based on current year data, with an offsetting adjustment to the prior year data used to calculate aid for programs at participating school districts or previous cooperatives that were replaced by the new cooperative. The department shall establish procedures to adjust the prior year data and fiscal year 2016 old formula aid used in calculating special education aid to exclude costs that have been eliminated for districts where programs have closed or where a substantial portion of the program has been transferred to a cooperative unit.
(e) The department shall establish procedures through the uniform financial accounting and reporting system to identify and track all revenues generated from third-party billings as special education revenue at the school district level; include revenue generated from third-party billings as special education revenue in the annual cross-subsidy report; and exclude third-party revenue from calculation of excess cost aid to the districts.
Sec. 13. Minnesota Statutes 2022, section 125A.76, subdivision 2e, is amended to read:
Subd. 2e. Cross subsidy reduction aid. (a) A school district's annual cross subsidy reduction aid equals the school district's initial special education cross subsidy for the previous fiscal year times the cross subsidy aid factor for that fiscal year.
(b) The cross subsidy aid factor equals 2.6
percent for fiscal year 2020 and 6.43 percent for fiscal year 2021 2023;
44 percent for fiscal years 2024, 2025, and 2026; and 50 percent for fiscal
year 2027 and later.
Sec. 14. Minnesota Statutes 2022, section 125A.76, is amended by adding a subdivision to read:
Subd. 2f. Special
education homeless pupil aid. (a)
For fiscal year 2024 and later, special education homeless pupil aid must be
paid to a school district that is funded for that year based on the district's
fiscal year 2016 expenditures calculated under Minnesota Statutes 2012,
sections 125A.76 and 125A.79, as adjusted according to Minnesota Statutes 2012,
sections 125A.11 and 127A.47, subdivision 7, the ratio of the district's
adjusted daily membership for the current fiscal year to the district's average
daily membership for fiscal year 2016, and the minimum aid adjustment factor.
(b) Special education homeless pupil
aid equals the greater of zero, or a district's prior year transportation costs
under section 123B.92, subdivision 1, paragraph (b), clause (4), items (ii) and
(vii), and the additional cost of transporting a student in a shelter care
facility as defined in section 260C.007, subdivision 30, a homeless student in
another district to the school of origin, or a formerly homeless student from a
permanent home in another district to the school of origin but only through the
end of the academic year; minus the fiscal year 2016 costs associated with
transportation costs under section 123B.92, subdivision 1, paragraph (b),
clause (4), items (ii) and (vii), and the additional cost of transporting a
student in a shelter care facility as defined in section 260C.007, subdivision
30, a homeless student in another district to the school of origin, or a
formerly homeless student from a permanent home in another district to the
school of origin, but only through the end of the academic year; adjusted by
the ratio of the district's adjusted daily membership for the current fiscal
year to the district's average daily membership for fiscal year 2016, and the
minimum aid adjustment factor.
Sec. 15. [125A.81]
SPECIAL EDUCATION SEPARATE SITES AND PROGRAMS AID.
Subdivision 1. Definition. For purposes of this section,
"special education separate site and program" means a public separate
day school facility attended by students with disabilities for 50 percent or
more of their school day.
Subd. 2. Eligibility
for special education separate sites and programs aid. An education cooperative under section
471.59, education district under section 123A.15, service cooperative under
section 123A.21, or intermediate school district under section 136D.01
qualifies for additional state funding to special education separate sites and
programs for every kindergarten through grade 12 child with a disability, as
defined in section 125A.02, served in a special education separate site or
program as defined in subdivision 1.
Subd. 3. Uses
of special education separate sites and programs aid. Additional state funding to special
education separate sites and programs under this section may be used for the
same purposes as are permitted for state special education aid under section
125A.76.
Subd. 4. Special
education separate sites and programs aid.
For fiscal year 2024 and later, additional state funding to
special education separate sites and programs equals $1,689 times the adjusted
kindergarten through grade 12 pupil units served in special education separate
sites and programs under subdivision 1.
EFFECTIVE
DATE. This section is
effective for revenue for fiscal year 2024 and later.
Sec. 16. Minnesota Statutes 2022, section 256B.0625, subdivision 26, is amended to read:
Subd. 26. Special education services. (a) Medical assistance covers evaluations necessary in making a determination for eligibility for individualized education program and individualized family service plan services and for medical services identified in a recipient's individualized education program and individualized family service plan and covered under the medical assistance state plan. Covered services include occupational therapy, physical therapy, speech-language therapy, clinical psychological services, nursing services, school psychological services, school social work services, personal care assistants serving as management aides, assistive technology devices, transportation services, health assessments, and other services covered under the medical assistance state plan. Mental health services eligible for medical assistance reimbursement must be provided or coordinated through a children's mental health collaborative where a collaborative exists if the child is included in the collaborative operational target population. The provision or coordination of services does not require that the individualized education program be developed by the collaborative.
The services may be provided by a Minnesota school district that is enrolled as a medical assistance provider or its subcontractor, and only if the services meet all the requirements otherwise applicable if the service had been provided by a provider other than a school district, in the following areas: medical necessity; physician's, advanced practice registered nurse's, or physician assistant's orders; documentation; personnel qualifications; and prior authorization requirements. The nonfederal share of costs for services provided under this subdivision is the responsibility of the local school district as provided in section 125A.74. Services listed in a child's individualized education program are eligible for medical assistance reimbursement only if those services meet criteria for federal financial participation under the Medicaid program.
(b) Approval of health-related services for inclusion in the individualized education program does not require prior authorization for purposes of reimbursement under this chapter. The commissioner may require physician, advanced practice registered nurse, or physician assistant review and approval of the plan not more than once annually or upon any modification of the individualized education program that reflects a change in health-related services.
(c) Services of a speech-language pathologist provided under this section are covered notwithstanding Minnesota Rules, part 9505.0390, subpart 1, item L, if the person:
(1) holds a masters degree in speech-language pathology;
(2) is licensed by the Professional Educator Licensing and Standards Board as an educational speech-language pathologist; and
(3) either has a certificate of clinical competence from the American Speech and Hearing Association, has completed the equivalent educational requirements and work experience necessary for the certificate or has completed the academic program and is acquiring supervised work experience to qualify for the certificate.
(d) Medical assistance coverage for medically necessary services provided under other subdivisions in this section may not be denied solely on the basis that the same or similar services are covered under this subdivision.
(e) The commissioner shall develop and implement package rates, bundled rates, or per diem rates for special education services under which separately covered services are grouped together and billed as a unit in order to reduce administrative complexity.
(f) The commissioner shall develop a cost-based payment structure for payment of these services. Only costs reported through the designated Minnesota Department of Education data systems in distinct service categories qualify for inclusion in the cost-based payment structure. The commissioner shall reimburse claims submitted based
on an interim rate, and shall settle at a final rate once the department has determined it. The commissioner shall notify the school district of the final rate. The school district has 60 days to appeal the final rate. To appeal the final rate, the school district shall file a written appeal request to the commissioner within 60 days of the date the final rate determination was mailed. The appeal request shall specify (1) the disputed items and (2) the name and address of the person to contact regarding the appeal.
(g) Effective July 1, 2000, medical assistance services provided under an individualized education program or an individual family service plan by local school districts shall not count against medical assistance authorization thresholds for that child.
(h) Nursing services as defined in section 148.171, subdivision 15, and provided as an individualized education program health-related service, are eligible for medical assistance payment if they are otherwise a covered service under the medical assistance program. Medical assistance covers the administration of prescription medications by a licensed nurse who is employed by or under contract with a school district when the administration of medications is identified in the child's individualized education program. The simple administration of medications alone is not covered under medical assistance when administered by a provider other than a school district or when it is not identified in the child's individualized education program.
(i) School social work services
provided by a mental health professional, as defined in section 245I.04,
subdivision 2, or a clinical trainee as defined in section 245I.04, subdivision
6, under the supervision of a mental health professional, or mental health
practitioner, as defined in section 245I.04, subdivision 4, under the
supervision of a mental health professional, are eligible for medical
assistance payment. A mental health
practitioner performing school social work services under this section must
provide services within the mental health practitioner's licensure scope of
practice, if applicable, and within the mental health practitioner scope of
practice under section 245I.04, subdivision 5.
(j) Notwithstanding section 245I.10,
subdivision 2, a special education evaluation, individualized education
program, or individual family service plan may be used to determine medical
necessity and eligibility for school social work services under paragraph (i)
instead of a diagnostic assessment.
(k) A school social worker or school
providing mental health services under paragraph (i) is not required to be
certified to provide children's therapeutic services and supports under section
256B.0943.
(l) Covered mental health services
provided by a school social worker under paragraph (i) include but are not
limited to:
(1) administering and reporting
standardized measures;
(2) care coordination;
(3) children's mental health crisis
assistance, planning, and response services;
(4) children's mental health clinical
care consultation;
(5) dialectical behavioral therapy for
adolescents;
(6) direction of mental health
behavioral aides;
(7) family psychoeducation;
(8) individual, family, and group
psychotherapy;
(9) mental health behavioral
aide services;
(10) skills training; and
(11) treatment plan development and
review.
EFFECTIVE
DATE. This section is
effective January 1, 2024, or upon federal approval, whichever is later. The commissioner shall notify the revisor of
statutes when federal approval has been obtained.
Sec. 17. SPECIFIC
LEARNING DISABILITY; RULEMAKING.
(a) The commissioner of education must
begin the rulemaking process to amend Minnesota Rules, part 3525.1341, and
establish a stakeholder workgroup to review current specific learning
disabilities criteria by December 31, 2023.
By June 30, 2024, the workgroup must make recommendations aligned with
related state and federal requirements, including:
(1) removing discrepancy from criteria;
(2) developing a plan to operationalize
changes to criteria to align with current best practices and address concerns
of multiple stakeholder groups, including but not limited to administrators,
parents, educators, researchers, related services staff, advocates, lawyers,
people from Black, Indigenous, and People of Color communities, and immigrant
groups;
(3) providing definitions and
clarification of terms and procedures within existing requirements;
(4) establishing the accountability
process, including procedures and targets, for districts and cooperatives to
use in evaluating their progress toward implementation of the amended rule; and
(5) developing an evaluation framework
for measuring intended and unintended results of amended criteria. Intended and unintended results may include
overidentification and underidentification of particular student groups, delays
to referral and identification, transitioning from developmental delay to
specific learning disability, consistency of identification across districts
and the state, adding unnecessary paperwork, limiting team decision making, or
limiting access and progress with intensive and individualized special
education support.
(b) Following the development of
recommendations from the stakeholder workgroup, the commissioner must proceed
with the rulemaking process and recommended alignment with other existing state
and federal law.
(c) Concurrent with rulemaking, the
commissioner must establish technical assistance and training capacity on the
amended criteria, and training and capacity building must begin upon final
approval of the amended rule.
(d) The amended rule must go into full
effect no later than five years after the proposed revised rules are approved
by the administrative law judge.
Sec. 18. APPROPRIATIONS.
Subdivision 1. Department
of Education. The sums
indicated in this section are appropriated from the general fund to the
Department of Education for the fiscal years designated.
Subd. 2. Aid
for children with disabilities. (a)
For aid under Minnesota Statutes, section 125A.75, subdivision 3, for children
with disabilities placed in residential facilities within the district
boundaries for whom no district of residence can be determined:
|
|
$1,674,000 |
. .
. . . |
2024
|
|
|
$1,888,000 |
.
. . . . |
2025
|
(b) If the appropriation for
either year is insufficient, the appropriation for the other year is available.
Subd. 3. Court-placed
special education revenue. For
reimbursing serving school districts for unreimbursed eligible expenditures
attributable to children placed in the serving school district by court action
under Minnesota Statutes, section 125A.79, subdivision 4:
|
|
$26,000 |
. .
. . . |
2024
|
|
|
$27,000 |
. .
. . . |
2025
|
Subd. 4. Special
education; regular. (a) For
special education aid under Minnesota Statutes, section 125A.75:
|
|
$2,271,000,000 |
. .
. . . |
2024
|
|
|
$2,434,933,000 |
. .
. . . |
2025
|
(b) The 2024 appropriation includes $229,860,000
for 2023 and $2,041,140,000 for 2024.
(c) The 2025 appropriation includes
$287,333,000 for 2024 and $2,147,600,000 for 2025.
Subd. 5. Special
education out-of-state tuition. For
special education out-of-state tuition under Minnesota Statutes, section
125A.79, subdivision 8:
|
|
$250,000 |
. .
. . . |
2024
|
|
|
$250,000 |
. .
. . . |
2025
|
Subd. 6. Special
education separate sites and programs.
(a) For aid for special education separate sites and programs
under Minnesota Statutes, section 125A.81, subdivision 4:
|
|
$4,378,000 |
. .
. . . |
2024
|
|
|
$5,083,000
|
. .
. . . |
2025
|
(b) The 2024 appropriation includes $0
for 2023 and $4,378,000 for 2024.
(c) The 2025 appropriation includes
$486,000 for 2024 and $4,597,000 for 2025.
Subd. 7. Travel
for home-based services. (a)
For aid for teacher travel for home-based services under Minnesota Statutes,
section 125A.75, subdivision 1:
|
|
$334,000 |
. .
. . . |
2024
|
|
|
$348,000
|
. .
. . . |
2025
|
(b) The 2024 appropriation includes
$32,000 for 2023 and $302,000 for 2024.
(c) The 2025 appropriation includes
$33,000 for 2024 and $315,000 for 2025.
ARTICLE 8
FACILITIES
Section 1. Minnesota Statutes 2022, section 123B.595, subdivision 1, is amended to read:
Subdivision 1. Long-term
facilities maintenance revenue. (a)
For fiscal year 2017 only, long-term facilities maintenance revenue equals the
greater of (1) the sum of (i) $193 times the district's adjusted pupil units
times the lesser of one or the ratio of the district's average building age to
35 years, plus the cost approved by the
commissioner for indoor air
quality, fire alarm and suppression, and asbestos abatement projects under
section 123B.57, subdivision 6, with an estimated cost of $100,000 or more per
site, plus (ii) for a school district with an approved voluntary prekindergarten
program under section 124D.151, the cost approved by the commissioner for
remodeling existing instructional space to accommodate prekindergarten
instruction, or (2) the sum of (i) the amount the district would have qualified
for under Minnesota Statutes 2014, section 123B.57, Minnesota Statutes 2014,
section 123B.59, and Minnesota Statutes 2014, section 123B.591, and (ii) for a
school district with an approved voluntary prekindergarten program under
section 124D.151, the cost approved by the commissioner for remodeling existing
instructional space to accommodate prekindergarten instruction.
(b) For fiscal year 2018 only, long-term
facilities maintenance revenue equals the greater of (1) the sum of (i) $292
times the district's adjusted pupil units times the lesser of one or the ratio
of the district's average building age to 35 years, plus (ii) the cost approved
by the commissioner for indoor air quality, fire alarm and suppression, and
asbestos abatement projects under section 123B.57, subdivision 6, with an
estimated cost of $100,000 or more per site, plus (iii) for a school district
with an approved voluntary prekindergarten program under section 124D.151, the cost
approved by the commissioner for remodeling existing instructional space to
accommodate prekindergarten instruction, or (2) the sum of (i) the amount the
district would have qualified for under Minnesota Statutes 2014, section
123B.57, Minnesota Statutes 2014, section 123B.59, and Minnesota Statutes 2014,
section 123B.591, and (ii) for a school district with an approved voluntary
prekindergarten program under section 124D.151, the cost approved by the
commissioner for remodeling existing instructional space to accommodate
prekindergarten instruction.
(c) For fiscal year 2019 and later, (a)
Long-term facilities maintenance revenue equals the greater of (1) the sum of
(i) $380 times the district's adjusted pupil units times the lesser of one or
the ratio of the district's average building age to 35 years, plus (ii) the
cost approved by the commissioner for indoor air quality, fire alarm and
suppression, and asbestos abatement projects under section 123B.57, subdivision
6, with an estimated cost of $100,000 or more per site, plus (iii) for a school
district with an approved voluntary prekindergarten program under section
124D.151, the cost approved by the commissioner for remodeling existing
instructional space to accommodate prekindergarten instruction, or (2) the sum
of (i) the amount the district would have qualified for under Minnesota
Statutes 2014, section 123B.57, Minnesota Statutes 2014, section 123B.59, and
Minnesota Statutes 2014, section 123B.591, and (ii) for a school district with
an approved voluntary prekindergarten program under section 124D.151, the cost
approved by the commissioner for remodeling existing instructional space to
accommodate prekindergarten instruction.
(d) (b) Notwithstanding paragraphs
paragraph (a), (b), and (c), a school district that qualified for
eligibility under Minnesota Statutes 2014, section 123B.59, subdivision 1,
paragraph (a), for fiscal year 2010 remains eligible for funding under this
section as a district that would have qualified for eligibility under Minnesota
Statutes 2014, section 123B.59, subdivision 1, paragraph (a), for fiscal year
2017 and later.
EFFECTIVE
DATE. This section is
effective for revenue for fiscal year 2025 and later.
Sec. 2. Minnesota Statutes 2022, section 123B.595, subdivision 2, is amended to read:
Subd. 2. Long-term
facilities maintenance revenue for a charter school. (a) For fiscal year 2017 only, long‑term
facilities maintenance revenue for a charter school equals $34 times the
adjusted pupil units.
(b) For fiscal year 2018 only, long-term
facilities maintenance revenue for a charter school equals $85 times the
adjusted pupil units.
(c) For fiscal year 2019 and later, Long-term
facilities maintenance revenue for a charter school equals $132 times the
adjusted pupil units.
EFFECTIVE
DATE. This section is
effective for revenue for fiscal year 2025 and later.
Sec. 3. Minnesota Statutes 2022, section 123B.595, subdivision 3, is amended to read:
Subd. 3. Intermediate
districts and other cooperative units. (a)
Upon approval through the adoption of a resolution by each member district
school board of an intermediate district or other cooperative units unit
under section 123A.24, subdivision 2, or a joint powers district under
section 471.59, and the approval of the commissioner of education, a school
district may include in its authority under this section a proportionate share
of the long-term maintenance costs of the intermediate district or,
cooperative unit, or joint powers district. The cooperative unit or joint powers
district may issue bonds to finance the project costs or levy for the costs,
using long-term maintenance revenue transferred from member districts to make
debt service payments or pay project costs or, for leased facilities, pay
the portion of lease costs attributable to the amortized cost of long-term
facilities maintenance projects completed by the landlord. Authority under this subdivision is in
addition to the authority for individual district projects under subdivision 1.
(b) The resolution adopted under
paragraph (a) may specify which member districts will share the project costs
under this subdivision, except that debt service payments for bonds issued by a
cooperative unit or joint powers district to finance long-term maintenance
project costs must be the responsibility of all member districts.
EFFECTIVE
DATE. This section is
effective for revenue for fiscal year 2025 and later.
Sec. 4. Minnesota Statutes 2022, section 123B.595, subdivision 4, is amended to read:
Subd. 4. Facilities
plans. (a) To qualify for revenue
under this section, a school district or intermediate district, not including a
charter school, must have a ten-year facility plan adopted by the school board
and approved by the commissioner. The
plan must include provisions for implementing a health and safety program that
complies with health, safety, and environmental regulations and best practices,
including indoor air quality management and remediation of lead hazards. For planning purposes, the plan must also
address provisions for providing a gender‑neutral single-user restroom at
each school site.
(b) The district must annually update the plan, submit the plan to the commissioner for approval by July 31, and indicate whether the district will issue bonds to finance the plan or levy for the costs.
(c) For school districts issuing bonds to finance the plan, the plan must include a debt service schedule demonstrating that the debt service revenue required to pay the principal and interest on the bonds each year will not exceed the projected long-term facilities revenue for that year.
EFFECTIVE
DATE. This section is
effective for revenue for fiscal year 2025 and later.
Sec. 5. Minnesota Statutes 2022, section 123B.595, subdivision 7, is amended to read:
Subd. 7. Long-term
facilities maintenance equalization revenue.
(a) For fiscal year 2017 only, a district's long-term facilities
maintenance equalization revenue equals the lesser of (1) $193 times the
adjusted pupil units or (2) the district's revenue under subdivision 1.
(b) For fiscal year 2018 only, a
district's long-term facilities maintenance equalization revenue equals the
lesser of (1) $292 times the adjusted pupil units or (2) the district's revenue
under subdivision 1.
(c) For fiscal year 2019 and later,
(a) A district's long-term facilities maintenance equalization revenue
equals the lesser of (1) $380 times the adjusted pupil units or (2) the
district's revenue under subdivision 1.
(d) (b) Notwithstanding
paragraphs paragraph (a) to (c), a district's long-term
facilities maintenance equalization revenue must not be less than the lesser of
the district's long-term facilities maintenance revenue or the amount of aid
the district received for fiscal year 2015 under Minnesota Statutes 2014,
section 123B.59, subdivision 6.
EFFECTIVE
DATE. This section is
effective for revenue for fiscal year 2025 and later.
Sec. 6. Minnesota Statutes 2022, section 123B.595, subdivision 8, is amended to read:
Subd. 8. Long-term
facilities maintenance equalized levy. (a)
For fiscal year 2017 and later, A district's long‑term facilities
maintenance equalized levy equals the district's long-term facilities
maintenance equalization revenue minus the greater of:
(1) the lesser of the district's long-term facilities maintenance equalization revenue or the amount of aid the district received for fiscal year 2015 under Minnesota Statutes 2014, section 123B.59, subdivision 6; or
(2) the district's long-term facilities maintenance equalization revenue times the greater of (i) zero or (ii) one minus the ratio of its adjusted net tax capacity per adjusted pupil unit in the year preceding the year the levy is certified to 123 percent of the state average adjusted net tax capacity per adjusted pupil unit for all school districts in the year preceding the year the levy is certified.
(b) For purposes of this subdivision, "adjusted net tax capacity" means the value described in section 126C.01, subdivision 2, paragraph (b).
EFFECTIVE
DATE. This section is
effective for revenue for fiscal year 2025 and later.
Sec. 7. Minnesota Statutes 2022, section 123B.595, subdivision 8a, is amended to read:
Subd. 8a. Long-term
facilities maintenance unequalized levy.
For fiscal year 2017 and later, A district's long-term
facilities maintenance unequalized levy equals the difference between the
district's revenue under subdivision 1 and the district's equalization revenue
under subdivision 7.
EFFECTIVE
DATE. This section is
effective for revenue for fiscal year 2025 and later.
Sec. 8. Minnesota Statutes 2022, section 123B.595, subdivision 9, is amended to read:
Subd. 9. Long-term
facilities maintenance equalized aid. For
fiscal year 2017 and later, A district's long‑term facilities
maintenance equalized aid equals its long-term facilities maintenance
equalization revenue minus its long-term facilities maintenance equalized levy
times the ratio of the actual equalized amount levied to the permitted
equalized levy.
EFFECTIVE
DATE. This section is
effective for revenue for fiscal year 2025 and later.
Sec. 9. Minnesota Statutes 2022, section 123B.595, subdivision 10, is amended to read:
Subd. 10. Allowed uses for long-term facilities maintenance revenue. (a) A district may use revenue under this section for any of the following:
(1) deferred capital expenditures and maintenance projects necessary to prevent further erosion of facilities;
(2) increasing accessibility of school facilities;
(3) health and safety capital
projects under section 123B.57; or
(4) remodeling or constructing a
gender-neutral single-user restroom at each school site; or
(4) (5) by board resolution,
to transfer money from the general fund reserve for long-term facilities
maintenance to the debt redemption fund to pay the amounts needed to meet, when
due, principal and interest on general obligation bonds issued under
subdivision 5.
(b) A charter school may use revenue under this section for any purpose related to the school.
EFFECTIVE
DATE. This section is
effective for revenue for fiscal year 2025 and later.
Sec. 10. Minnesota Statutes 2022, section 123B.595, subdivision 11, is amended to read:
Subd. 11. Restrictions on long-term facilities maintenance revenue. Notwithstanding subdivision 10, long‑term facilities maintenance revenue may not be used:
(1) for the construction of new facilities, remodeling of existing facilities, or the purchase of portable classrooms, except for the costs associated with constructing or remodeling existing facilities to include at least one gender-neutral single-user restroom authorized under subdivision 10;
(2) to finance a lease purchase agreement, installment purchase agreement, or other deferred payments agreement;
(3) for energy-efficiency projects under section 123B.65, for a building or property or part of a building or property used for postsecondary instruction or administration, or for a purpose unrelated to elementary and secondary education; or
(4) for violence prevention and facility security, ergonomics, or emergency communication devices.
EFFECTIVE
DATE. This section is
effective for revenue for fiscal year 2025 and later.
Sec. 11. Minnesota Statutes 2022, section 123B.71, subdivision 9, is amended to read:
Subd. 9. Information required. A school board proposing to construct, expand, or remodel a facility that requires a review and comment under subdivision 8 shall submit to the commissioner a proposal containing information including at least the following:
(1) the geographic area and population to be served, preschool through grade 12 student enrollments for the past five years, and student enrollment projections for the next five years;
(2) a list of existing facilities by year constructed, their uses, and an assessment of the extent to which alternate facilities are available within the school district boundaries and in adjacent school districts;
(3) a list of the specific deficiencies of the facility that demonstrate the need for a new or renovated facility to be provided, the process used to determine the deficiencies, a list of those deficiencies that will and will not be addressed by the proposed project, and a list of the specific benefits that the new or renovated facility will provide to the students, teachers, and community users served by the facility;
(4) a description of the project, including the specification of site and outdoor space acreage and square footage allocations for classrooms, laboratories, and support spaces; estimated expenditures for the major portions of the project; and the dates the project will begin and be completed;
(5) a description of the project's
plans for gender-neutral single-user restrooms, locker room privacy stalls, or
other spaces with privacy features, including single-user shower stalls,
changing stalls, or other single-user facilities;
(5) (6) a specification of
the source of financing the project, including applicable statutory citations;
the scheduled date for a bond issue or school board action; a schedule of
payments, including debt service equalization aid; and the effect of a bond
issue on local property taxes by the property class and valuation; and
(6) (7) documents obligating
the school district and contractors to comply with items (i) to (vii) in
planning and executing the project:
(i) section 471.345 governing municipal contracts;
(ii) sustainable design;
(iii) school facility commissioning under section 123B.72 certifying the plans and designs for the heating, ventilating, air conditioning, and air filtration for an extensively renovated or new facility meet or exceed current code standards, including the ASHRAE air filtration standard 52.1;
(iv) American National Standards Institute Acoustical Performance Criteria, Design Requirements and Guidelines for Schools on maximum background noise level and reverberation times;
(v) State Fire Code;
(vi) chapter 326B governing building codes; and
(vii) consultation with affected government units about the impact of the project on utilities, roads, sewers, sidewalks, retention ponds, school bus and automobile traffic, access to mass transit, and safe access for pedestrians and cyclists.
EFFECTIVE
DATE. This section is
effective for review and comments submitted on or after July 1, 2023.
Sec. 12. Minnesota Statutes 2022, section 126C.10, subdivision 14, is amended to read:
Subd. 14. Uses of total operating capital revenue. Total operating capital revenue may be used only for the following purposes:
(1) to acquire land for school purposes;
(2) to acquire or construct buildings for school purposes;
(3) to rent or lease buildings, including the costs of building repair or improvement that are part of a lease agreement;
(4) to improve and repair school sites and buildings, and equip or reequip school buildings with permanent attached fixtures, including library media centers and gender-neutral single-user restrooms, locker room privacy stalls, or other spaces with privacy features, including single-user shower stalls, changing stalls, or other single-user facilities;
(5) for a surplus school building that is used substantially for a public nonschool purpose;
(6) to eliminate barriers or increase access to school buildings by individuals with a disability;
(7) to bring school buildings into compliance with the State Fire Code adopted according to chapter 299F;
(8) to remove asbestos from school buildings, encapsulate asbestos, or make asbestos-related repairs;
(9) to clean up and dispose of polychlorinated biphenyls found in school buildings;
(10) to clean up, remove, dispose of, and make repairs related to storing heating fuel or transportation fuels such as alcohol, gasoline, fuel oil, and special fuel, as defined in section 296A.01;
(11) for energy audits for school buildings and to modify buildings if the audit indicates the cost of the modification can be recovered within ten years;
(12) to improve buildings that are leased according to section 123B.51, subdivision 4;
(13) to pay special assessments levied against school property but not to pay assessments for service charges;
(14) to pay principal and interest on
state loans for energy conservation according to section 216C.37 or loans made
under the Douglas J. Johnson Economic Protection Trust Fund Act according to
sections 298.292 to 298.298 298.297;
(15) to purchase or lease interactive telecommunications equipment;
(16) by board resolution, to transfer money into the debt redemption fund to: (i) pay the amounts needed to meet, when due, principal and interest payments on certain obligations issued according to chapter 475; or (ii) pay principal and interest on debt service loans or capital loans according to section 126C.70;
(17) to pay operating capital-related assessments of any entity formed under a cooperative agreement between two or more districts;
(18) to purchase or lease computers and related hardware, software, and annual licensing fees, copying machines, telecommunications equipment, and other noninstructional equipment;
(19) to purchase or lease assistive technology or equipment for instructional programs;
(20) to purchase textbooks as defined in section 123B.41, subdivision 2;
(21) to purchase new and replacement library media resources or technology;
(22) to lease or purchase vehicles;
(23) to purchase or lease telecommunications equipment, computers, and related equipment for integrated information management systems for:
(i) managing and reporting learner outcome information for all students under a results-oriented graduation rule;
(ii) managing student assessment, services, and achievement information required for students with individualized education programs; and
(iii) other classroom information management needs;
(24) to pay personnel costs directly related to the acquisition, operation, and maintenance of telecommunications systems, computers, related equipment, and network and applications software; and
(25) to pay the costs directly associated with closing a school facility, including moving and storage costs.
EFFECTIVE
DATE. This section is
effective for fiscal year 2024 and later.
Sec. 13. Minnesota Statutes 2022, section 126C.40, subdivision 1, is amended to read:
Subdivision 1. To lease building or land. (a) When an independent or a special school district or a group of independent or special school districts finds it economically advantageous to rent or lease a building or land for any instructional purposes or for school storage or furniture repair, and it determines that the operating capital revenue authorized under section 126C.10, subdivision 13, is insufficient for this purpose, it may apply to the commissioner for permission to make an additional capital expenditure levy for this purpose. An application for permission to levy under this subdivision must contain financial justification for the proposed levy, the terms and conditions of the proposed lease, and a description of the space to be leased and its proposed use.
(b) The criteria for approval of applications to levy under this subdivision must include: the reasonableness of the price, the appropriateness of the space to the proposed activity, the feasibility of transporting pupils to the leased building or land, conformity of the lease to the laws and rules of the state of Minnesota, and the appropriateness of the proposed lease to the space needs and the financial condition of the district. The commissioner must not authorize a levy under this subdivision in an amount greater than the cost to the district of renting or leasing a building or land for approved purposes. The proceeds of this levy must not be used for custodial or other maintenance services. A district may not levy under this subdivision for the purpose of leasing or renting a district‑owned building or site to itself.
(c) For agreements finalized after July 1, 1997, a district may not levy under this subdivision for the purpose of leasing: (1) a newly constructed building used primarily for regular kindergarten, elementary, or secondary instruction; or (2) a newly constructed building addition or additions used primarily for regular kindergarten, elementary, or secondary instruction that contains more than 20 percent of the square footage of the previously existing building.
(d) Notwithstanding paragraph (b), a district may levy under this subdivision for the purpose of leasing or renting a district-owned building or site to itself only if the amount is needed by the district to make payments required by a lease purchase agreement, installment purchase agreement, or other deferred payments agreement authorized by law, and the levy meets the requirements of paragraph (c). A levy authorized for a district by the commissioner under this paragraph may be in the amount needed by the district to make payments required by a lease purchase agreement, installment purchase agreement, or other deferred payments agreement authorized by law, provided that any agreement include a provision giving the school districts the right to terminate the agreement annually without penalty.
(e) The total levy under this subdivision for a district for any year must not exceed $212 times the adjusted pupil units for the fiscal year to which the levy is attributable.
(f) For agreements for which a review and comment have been submitted to the Department of Education after April 1, 1998, the term "instructional purpose" as used in this subdivision excludes expenditures on stadiums.
(g) The commissioner of education may authorize a school district to exceed the limit in paragraph (e) if the school district petitions the commissioner for approval. The commissioner shall grant approval to a school district to exceed the limit in paragraph (e) for not more than five years if the district meets the following criteria:
(1) the school district has been experiencing pupil enrollment growth in the preceding five years;
(2) the purpose of the increased levy is in the long-term public interest;
(3) the purpose of the increased levy promotes colocation of government services; and
(4) the purpose of the increased levy is in the long-term interest of the district by avoiding over construction of school facilities.
(h) A school district that is a member of an
intermediate school district or other cooperative unit under section
123A.24, subdivision 2, or a joint powers district under section 471.59 may
include in its authority under this section the costs associated with leases of
administrative and classroom space for intermediate school district
programs of the intermediate school district or other cooperative unit under
section 123A.24, subdivision 2, or joint powers district under section 471.59. This authority must not exceed $65 times the
adjusted pupil units of the member districts.
This authority is in addition to any other authority authorized under
this section. The intermediate school
district, other cooperative unit, or joint powers district may specify which
member districts will levy for lease costs under this paragraph.
(i) In addition to the allowable capital
levies in paragraph (a), for taxes payable in 2012 to 2023, a district that is
a member of the "Technology and Information Education Systems" data
processing joint board, that finds it economically advantageous to enter into a
lease agreement to finance improvements to a building and land for a group of
school districts or special school districts for staff development purposes,
may levy for its portion of lease costs attributed to the district within the
total levy limit in paragraph (e). The
total levy authority under this paragraph shall not exceed $632,000.
(j) (i) Notwithstanding
paragraph (a), a district may levy under this subdivision for the purpose of
leasing administrative space if the district can demonstrate to the
satisfaction of the commissioner that the lease cost for the administrative
space is no greater than the lease cost for instructional space that the
district would otherwise lease. The
commissioner must deny this levy authority unless the district passes a
resolution stating its intent to lease instructional space under this section
if the commissioner does not grant authority under this paragraph. The resolution must also certify that the
lease cost for administrative space under this paragraph is no greater than the
lease cost for the district's proposed instructional lease.
(j) Notwithstanding paragraph (a), a
district may levy under this subdivision for the district's proportionate share
of deferred maintenance expenditures for a district-owned building or site
leased to a cooperative unit under section 123A.24, subdivision 2, or a joint
powers district under section 471.59 for any instructional purposes or for
school storage.
EFFECTIVE
DATE. This section is
effective for revenue for fiscal year 2025 and later.
Sec. 14. Minnesota Statutes 2022, section 126C.40, subdivision 6, is amended to read:
Subd. 6. Lease purchase; installment buys. (a) Upon application to, and approval by, the commissioner in accordance with the procedures and limits in subdivision 1, paragraphs (a) and (b), a district, as defined in this subdivision, may:
(1) purchase real or personal property under an installment contract or may lease real or personal property with an option to purchase under a lease purchase agreement, by which installment contract or lease purchase agreement title is kept by the seller or vendor or assigned to a third party as security for the purchase price, including interest, if any; and
(2) annually levy the amounts necessary to pay the district's obligations under the installment contract or lease purchase agreement.
(b) The obligation created by the installment contract or the lease purchase agreement must not be included in the calculation of net debt for purposes of section 475.53, and does not constitute debt under other law. An election is not required in connection with the execution of the installment contract or the lease purchase agreement.
(c) The proceeds of the levy authorized by this subdivision must not be used to acquire a facility to be primarily used for athletic or school administration purposes.
(d) For the purposes of this subdivision, "district" means:
(1) Special School District No. 1, Minneapolis, Independent School District No. 625, St. Paul, Independent School District No. 709, Duluth, or Independent School District No. 535, Rochester, if the district's desegregation plan has been determined by the commissioner to be in compliance with Department of Education rules relating to equality of educational opportunity and where the acquisition of property under this subdivision is determined by the commissioner to contribute to the implementation of the desegregation plan; or
(2) other districts eligible for revenue under section 124D.862 if the facility acquired under this subdivision is to be primarily used for a joint program for interdistrict desegregation and the commissioner determines that the joint programs are being undertaken to implement the districts' desegregation plan.
(e) Notwithstanding subdivision 1, the prohibition against a levy by a district to lease or rent a district-owned building to itself does not apply to levies otherwise authorized by this subdivision.
(f) For the purposes of this subdivision, any references in subdivision 1 to building or land shall include personal property.
(g) Projects funded under this
subdivision are subject to review and comment under section 123B.71,
subdivision 8, in the same manner as other school construction projects.
Sec. 15. Minnesota Statutes 2022, section 126C.44, is amended to read:
126C.44
SAFE SCHOOLS LEVY REVENUE.
Subdivision 1. Safe
schools revenue for school districts.
(a) Each district may make a levy on all taxable property located
within the district for the purposes specified in this section. The maximum amount which may be levied for
all costs under this section shall be equal to $36 multiplied by the district's
adjusted pupil units for the school year A school district's safe schools
revenue equals its safe schools levy.
Subd. 2. School
district safe schools levy. A
school district's safe schools levy equals $36 times the district's adjusted
pupil units for the school year.
Subd. 3. Safe
schools revenue for intermediate school districts. A school district that is a member of
an intermediate school district may include in its levy authority under this
section the costs associated with safe schools activities authorized under this
section for intermediate school district programs. This authority must not exceed the
product of $15 and the adjusted
pupil units of the member districts. This
authority is in addition to any other authority authorized under this section. Revenue raised under this subdivision must be
transferred to the intermediate school district.
Subd. 4. Use
of safe schools revenue. The
proceeds of the levy Safe schools revenue must be reserved and used
for directly funding the following purposes or for reimbursing the cities and
counties who contract with the district for the following purposes:
(1) to pay the costs incurred for the salaries, benefits, and transportation costs of peace officers and sheriffs for liaison in services in the district's schools;
(2) to pay the costs for a drug abuse prevention program as defined in section 609.101, subdivision 3, paragraph (e), in the elementary schools;
(3) to pay the costs for a gang resistance education training curriculum in the district's schools;
(4) to pay the costs for security in the district's schools and on school property;
(5) to pay the costs for other crime prevention, drug abuse, student and staff safety, voluntary opt-in suicide prevention tools, and violence prevention measures taken by the school district;
(6) to pay costs for licensed school counselors, licensed school nurses, licensed school social workers, licensed school psychologists, and licensed alcohol and substance use disorder counselors to help provide early responses to problems;
(7) to pay for facility security enhancements including laminated glass, public announcement systems, emergency communications devices, and equipment and facility modifications related to violence prevention and facility security;
(8) to pay for costs associated with
improving the school climate; or
(9) to pay costs for colocating and
collaborating with mental health professionals who are not district employees
or contractors; or
(10) to pay for the costs of cybersecurity measures, including updating computer hardware and software, other systems upgrades, and cybersecurity insurance costs.
(b) For expenditures under paragraph (a), clause (1), the district must initially attempt to contract for services to be provided by peace officers or sheriffs with the police department of each city or the sheriff's department of the county within the district containing the school receiving the services. If a local police department or a county sheriff's department does not wish to provide the necessary services, the district may contract for these services with any other police or sheriff's department located entirely or partially within the school district's boundaries.
(c) A school district that is a member of
an intermediate school district may include in its authority under this section
the costs associated with safe schools activities authorized under paragraph
(a) for intermediate school district programs.
This authority must not exceed $15 times the adjusted pupil units of the
member districts. This authority is in
addition to any other authority authorized under this section. Revenue raised under this paragraph must be
transferred to the intermediate school district.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 16. LEASE
LEVY FOR TRANSPORTATION HUB FOR EASTERN CARVER COUNTY SCHOOL DISTRICT.
Notwithstanding Minnesota Statutes,
section 126C.40, subdivision 1, Independent School District No. 112,
Eastern Carver County Schools, may lease a transportation hub under Minnesota
Statutes, section 126C.40, subdivision 1, if the district demonstrates to the
satisfaction of the commissioner of education that the transportation hub will
result in significant financial savings for the school district. Levy authority under this section must not
exceed the total levy authority under Minnesota Statutes, section 126C.40,
subdivision 1, paragraph (e).
EFFECTIVE
DATE. This section is
effective for taxes payable in 2024 and later.
Sec. 17. LONG-TERM
FACILITIES MAINTENANCE REVENUE ADJUSTMENT.
Subdivision 1. Eligibility. A school board that purchases a
nonschool facility and converts that facility to a school building may document
to the commissioner of education, in the form and manner specified by the
commissioner, that the purchase and subsequent remodeling of the facility is
less expensive than constructing a new facility for the same space and is
eligible for an adjustment to its long-term facilities maintenance revenue
according to subdivision 2.
Subd. 2. Inclusion
in plan and revenue. Notwithstanding
Minnesota Statutes, section 123B.595, or any other law to the contrary, an
eligible school district under subdivision 1 may include in its long-term
facilities maintenance ten-year plan any heating, ventilation, and air
conditioning projects necessary to improve air handling performance sufficient
to satisfy the requirements for a certificate of occupancy for the space for
its intended use as a school facility. The
Department of Education must adjust an eligible school district's long-term
facilities maintenance revenue to include these costs.
EFFECTIVE
DATE. This section is
effective the day following final enactment and applies to a nonschool facility
purchased between January 1, 2019, and June 30, 2023.
Sec. 18. FUND
TRANSFER; MOORHEAD AREA PUBLIC SCHOOLS.
Notwithstanding Minnesota Statutes,
section 123B.595, subdivisions 10 and 11, 123B.79, or 123B.80, on June 30,
2023, Independent School District No. 152, Moorhead Area Public Schools,
may permanently transfer up to $5,000,000 from the long term facilities
maintenance reserve account in the general fund to the operating capital
account in the general fund. Transferred
funds must be used to pay for increased costs of constructing, furnishing, and
equipping the new Moorhead High School facility.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 19. APPROPRIATIONS.
Subdivision 1. Department
of Education. The sums
indicated in this section are appropriated from the general fund to the
Department of Education for the fiscal years designated.
Subd. 2. Building
and cybersecurity grant program. (a)
To provide grants to school districts and charter schools to improve building
security and cybersecurity:
|
|
$24,332,000 |
.
. . . . |
2024
|
|
|
$0 |
.
. . . . |
2025
|
(b) A cooperative unit, school
district, or charter school may apply for a grant in the form and manner
specified by the commissioner.
(c) Funds may be used for
security-related facility improvements, cybersecurity insurance premiums, and
associated costs.
(d) Up to $100,000 is available for
grant administration and monitoring.
(e) This is a onetime appropriation and
is available until June 30, 2027.
Subd. 3. Debt
service equalization aid. (a)
For debt service equalization aid under Minnesota Statutes, section 123B.53,
subdivision 6:
|
|
$24,511,000 |
.
. . . . |
2024
|
|
|
$21,351,000 |
.
. . . . |
2025
|
(b) The 2024 appropriation includes
$2,424,000 for 2023 and $22,087,000 for 2024.
(c) The 2025 appropriation includes
$2,454,000 for 2024 and $18,897,000 for 2025.
Subd. 4. Equity
in telecommunications access. (a)
For equity in telecommunications access:
|
|
$3,750,000 |
.
. . . . |
2024
|
|
|
$3,750,000 |
.
. . . . |
2025
|
(b) If the appropriation amount is
insufficient, the commissioner shall reduce the reimbursement rate in Minnesota
Statutes, section 125B.26, subdivisions 4 and 5, and the revenue for fiscal
years 2024 and 2025 shall be prorated.
(c) Any balance in the first year does
not cancel but is available in the second year.
Subd. 5. Grants
for gender-neutral single-user restrooms.
(a) For grants to school districts for remodeling, constructing,
or repurposing space for gender-neutral single-user restrooms:
|
|
$1,000,000 |
.
. . . . |
2024
|
|
|
$1,000,000 |
.
. . . . |
2025
|
(b) A school district or a cooperative
unit under Minnesota Statutes, section 123A.24, subdivision 2, may apply for a
grant of not more than $75,000 per site under this subdivision in the form and
manner specified by the commissioner. The
commissioner must award at least one grant under this subdivision to
Independent School District No. 709, Duluth, for a demonstration grant for
a project awaiting construction.
(c) The commissioner must ensure that
grants are awarded to schools to reflect the geographic diversity of the state.
(d) Up to $75,000 each year is
available for grant administration and monitoring.
(e) By February 1 of each year, the
commissioner must annually report to the committees of the legislature with
jurisdiction over education on the number of grants that were awarded each year
and the number of grant applications that were unfunded during that year.
Subd. 6. Long-term
facilities maintenance equalized aid.
(a) For long-term facilities maintenance equalized aid under
Minnesota Statutes, section 123B.595, subdivision 9:
|
|
$108,045,000 |
.
. . . . |
2024
|
|
|
$107,894,000 |
.
. . . . |
2025
|
(b) The 2024 appropriation includes
$10,821,000 for 2023 and $97,224,000 for 2024.
(c) The 2025 appropriation includes $10,803,000
for 2024 and $97,091,000 for 2025.
ARTICLE 9
NUTRITION AND LIBRARIES
Section 1. Minnesota Statutes 2022, section 124D.111, subdivision 1a, as amended by Laws 2023, chapter 18, section 1, is amended to read:
Subd. 1a. School lunch aid amounts. Each school year, the state must pay participants in the national school lunch program either:
(1) the amount of 12.5 cents for each full paid and free student lunch and 52.5 cents for each reduced-price lunch served to students; or
(2) if the school participates in the free school meals program under subdivision 1c, the sum of: (i) 12.5 cents for each full paid, reduced-price, and free student lunch; and (ii) the amount specified in subdivision 1d.
EFFECTIVE
DATE. This section is
effective for fiscal year 2024 and later.
Sec. 2. Minnesota Statutes 2022, section 124D.111, subdivision 2a, is amended to read:
Subd. 2a. Federal child and adult care food program and federal summer food service program; criteria and notice. (a) The commissioner must post on the department's website eligibility criteria and application information for nonprofit organizations interested in applying to the commissioner for approval as a multisite sponsoring organization under the federal child and adult care food program and federal summer food service program. The posted criteria and information must inform interested nonprofit organizations about:
(1) the criteria the commissioner uses to approve or disapprove an application, including how an applicant demonstrates financial viability for the Minnesota program, among other criteria;
(2) the commissioner's process and time line for notifying an applicant when its application is approved or disapproved and, if the application is disapproved, the explanation the commissioner provides to the applicant; and
(3) any appeal or other recourse available to a disapproved applicant.
(b) The commissioner must evaluate
financial eligibility as part of the application process. An organization applying to be a prospective
sponsor for the federal child and adult food care program or the federal summer
food service program must provide documentation of financial viability as an
organization. Documentation must
include:
(1) evidence that the organization has operated for at least one year and has filed at least one tax return;
(2) the most recent tax return submitted by the organization and corresponding forms and financial statements;
(3) a profit and loss statement and balance sheet or similar financial information; and
(4) evidence that at least ten percent
of the organization's operating revenue comes from sources other than the
United States Department of Agriculture child nutrition program and that the
organization has additional funds or a performance bond available to cover at
least one month of reimbursement claims.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 3. Minnesota Statutes 2022, section 124D.111, subdivision 5, is amended to read:
Subd. 5. Respectful
treatment. (a) The participant must
also provide meals to students in a respectful manner according to the policy
adopted under subdivision 1. The
participant must ensure that any reminders for payment of outstanding student
meal balances do not demean or stigmatize any child participating in the school
lunch program, including but not limited to dumping meals,; withdrawing
a meal that has been served,; announcing or listing students'
names publicly,; providing alternative meals not specifically related
to dietary needs; providing nonreimbursable meals; or affixing stickers,
stamps, or pins. The participant must
not impose any other restriction prohibited under section 123B.37 due to unpaid
student meal balances. The participant
must not limit a student's participation in any school activities, graduation
ceremonies, field trips, athletics, activity clubs, or other extracurricular
activities or access to materials, technology, or other items provided to
students due to an unpaid student meal balance.
(b) If the commissioner or the commissioner's designee determines a participant has violated the requirement to provide meals to participating students in a respectful manner, the commissioner or the commissioner's designee must send a letter of noncompliance to the participant. The participant is required to respond and, if applicable, remedy the practice within 60 days.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 4. Minnesota Statutes 2022, section 124D.1158, as amended by Laws 2023, chapter 18, section 2, is amended to read:
124D.1158
SCHOOL BREAKFAST PROGRAM.
Subdivision 1. Purpose; eligibility. (a) The purpose of the school breakfast program is to provide affordable morning nutrition to children so that they can effectively learn.
(b) A school district, charter school, nonpublic school, or other participant in the federal school breakfast program may receive state breakfast aid.
(c) Schools shall encourage all children to eat a nutritious breakfast, either at home or at school, and shall work to eliminate barriers to breakfast participation at school such as inadequate facilities and transportation.
Subd. 3. Program reimbursement. Each school year, the state must reimburse each participating school either:
(1) 30 cents for each reduced-price breakfast, 55 cents for each fully paid breakfast served to students in grades 1 to 12, and $1.30 for each fully paid breakfast served to a prekindergarten student enrolled in an approved voluntary prekindergarten program under section 124D.151, early childhood special education student participating in a program authorized under section 124D.151, or a kindergarten student; or
(2) if the school participates in the free school meals program under section 124D.111, subdivision 1c, state aid as provided in section 124D.111, subdivision 1d.
Subd. 4. No fees. A school that receives school breakfast aid under this section must make breakfast available without charge to all participating students in grades 1 to 12 who qualify for free or reduced-price meals and to all prekindergarten students enrolled in an approved voluntary prekindergarten program under section 124D.151, early childhood special education students participating in a program authorized under section 124D.151, and all kindergarten students.
Sec. 5. Minnesota Statutes 2022, section 124D.119, is amended to read:
124D.119
SUMMER FOOD SERVICE REPLACEMENT AID PROGRAM AND CHILD AND ADULT CARE
FOOD PROGRAM.
Subdivision 1. Summer
Food Service Program replacement aid.
States State funds are available to compensate
department-approved Summer Food Service Program sponsors. Reimbursement shall be made on December 15
based on total meals served by each sponsor from the end of the school year to
the beginning of the next school year on a pro rata basis.
Subd. 2. Child
and Adult Care Food Program and Summer Food Service Program sponsor
organizations. Legally
distinct Child and Adult Care Food Program and Summer Food Service Program
sites may transfer sponsoring organizations no more than once per year, except
under extenuating circumstances including termination of the sponsoring
organization's agreement or other circumstances approved by the Department of
Education.
Subd. 3. Child
and Adult Care Food Program training.
Prior to applying to sponsor a Child and Adult Care Food Program
site, a nongovernmental organization applicant must provide documentation to
the Department of Education verifying that staff members have completed
program-specific training as designated by the commissioner.
Subd. 4. Summer
Food Service Program training. Summer
Food Service Program providers, including new applicants, must comply with all
applicable federal training requirements for their staff.
Subd. 5. Summer
Food Service Program locations. Consistent
with Code of Federal Regulations, title 7, section 225.6(d)(1)(ii), the
Department of Education must not approve a new Summer Food Service Program open
site that is within a half-mile radius of an existing Summer Food Service
Program open site. The department may
approve a new Summer Food Service Program open site within a half-mile radius
only if the new program will not be serving the same group of children for the
same meal type or if there are safety issues that could present barriers to
participation.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 6. [124D.901]
PUBLIC SCHOOL LIBRARIES AND MEDIA CENTERS.
A school district or charter school
library or school library media center provides equitable and free access to
students, teachers, and administrators.
A school library or school library
media center must have the following characteristics:
(1) ensures every student has equitable
access to resources and is able to locate, access, and use resources that are
organized and cataloged;
(2) has a collection development plan
that includes but is not limited to materials selection and deselection, a
challenged materials procedure, and an intellectual and academic freedom
statement;
(3) is housed in a central
location that provides an environment for expanded learning and supports a
variety of student interests;
(4) has technology and Internet access;
and
(5) is served by a licensed school
library media specialist or licensed school librarian.
Sec. 7. Minnesota Statutes 2022, section 134.31, subdivision 1, is amended to read:
Subdivision 1. Library
service. The state shall, as an
integral part of its responsibility for public education, support the provision
of library service for every citizen resident, the development of
cooperative programs for the sharing of resources and services among all
libraries, and the establishment of jointly operated library services at a
single location where appropriate.
Sec. 8. Minnesota Statutes 2022, section 134.31, subdivision 4a, is amended to read:
Subd. 4a. Services
to people with visual and physical disabilities. The Minnesota Department of Education
shall provide specialized services to people with visual and physical
disabilities through the Minnesota Braille and Talking Book Library under a
cooperative plan with the National Library Services Service for
the Blind and Physically Handicapped Print Disabled of the
Library of Congress.
Sec. 9. Minnesota Statutes 2022, section 134.32, subdivision 4, is amended to read:
Subd. 4. Special
project grants. It may provide
special project grants to assist innovative and experimental library programs
including, but not limited to, special services for American Indians and the
Spanish-speaking multilingual learners, delivery of library
materials to homebound persons, other extensions of library services to persons
without access to libraries and projects to strengthen and improve library
services.
Sec. 10. Minnesota Statutes 2022, section 134.34, subdivision 1, is amended to read:
Subdivision 1. Local support levels. (a) Regional library basic system support aid shall be provided to any regional public library system where there are at least three participating counties and where each participating city and county is providing for public library service support the lesser of (a) an amount equivalent to .82 percent of the average of the adjusted net tax capacity of the taxable property of that city or county, as determined by the commissioner of revenue for the second, third, and fourth year preceding that calendar year or (b) a per capita amount calculated under the provisions of this subdivision. The per capita amount is established for calendar year 1993 as $7.62. In succeeding calendar years, the per capita amount shall be increased by a percentage equal to one‑half of the percentage by which the total state adjusted net tax capacity of property as determined by the commissioner of revenue for the second year preceding that calendar year increases over that total adjusted net tax capacity for the third year preceding that calendar year.
(b) The minimum level of support specified under this subdivision or subdivision 4 shall be certified annually to the participating cities and counties by the Department of Education. If a city or county chooses to reduce its local support in accordance with subdivision 4, paragraph (b) or (c), it shall notify its regional public library system. The regional public library system shall notify the Department of Education that a revised certification is required. The revised minimum level of support shall be certified to the city or county by the Department of Education.
(c) A city which is a part of a regional public library system shall not be required to provide this level of support if the property of that city is already taxable by the county for the support of that regional public library system. In no event shall the Department of Education require any city or county to provide a higher level of support than the level of support specified in this section in order for a system to qualify for regional library basic system support aid. This section shall not be construed to prohibit a city or county from providing a higher level of support for public libraries than the level of support specified in this section.
(d) The amounts required to be
expended under this section are subject to the reduced maintenance of effort
requirements under section 275.761.
Sec. 11. Minnesota Statutes 2022, section 134.355, subdivision 1, is amended to read:
Subdivision 1. Appropriations. (a) Basic system support aid and regional library telecommunications aid provide the appropriations for the basic regional library system.
(b) For fiscal year 2026 and later,
basic system support aid equals the aid entitlement amount for the previous
fiscal year times one plus the percent increase in the basic formula allowance
under section 126C.10, subdivision 2, from the previous school year to the
current school year.
EFFECTIVE
DATE. This section is
effective for revenue for fiscal year 2026 and later.
Sec. 12. Minnesota Statutes 2022, section 134.355, subdivision 5, is amended to read:
Subd. 5. Base
aid distribution. Five Fifteen
percent of the available aid funds shall be paid to each system as base aid for
basic system services.
EFFECTIVE
DATE. This section is
effective for state aid for fiscal year 2024 and later.
Sec. 13. Minnesota Statutes 2022, section 134.355, subdivision 6, is amended to read:
Subd. 6. Adjusted
net tax capacity per capita distribution.
Twenty-five Fifteen percent of the available aid funds
shall be distributed to regional public library systems based upon the adjusted
net tax capacity per capita for each member county or participating portion of
a county as calculated for the second third year preceding the
fiscal year for which aid is provided. Each
system's entitlement shall be calculated as follows:
(a) (1) multiply the
adjusted net tax capacity per capita for each county or participating portion
of a county by .0082.;
(b) (2) add sufficient aid
funds that are available under this subdivision to raise the amount of the
county or participating portion of a county with the lowest value calculated
according to paragraph (a) clause (1) to the amount of the county
or participating portion of a county with the next highest value calculated
according to paragraph (a) clause (1). Multiply the amount of the additional aid
funds by the population of the county or participating portion of a county.;
(c) (3) continue the process
described in paragraph (b) clause (2) by adding sufficient aid
funds that are available under this subdivision to the amount of a county or
participating portion of a county with the next highest value calculated in paragraph
(a) clause (1) to raise it and the amount of counties and
participating portions of counties with lower values calculated in paragraph
(a) clause (1) up to the amount of the county or participating
portion of a county with the next highest value, until reaching an amount where
funds available under this subdivision are no longer sufficient to raise the
amount of a county or participating portion of a county and the amount of
counties and participating portions of counties with lower values up to the
amount of the next highest county or participating portion of a county.;
and
(d) (4) if the point is
reached using the process in paragraphs (b) and (c) clauses (2) and
(3) at which the remaining aid funds under this subdivision are not
adequate for raising the amount of a county or participating portion of a
county and all counties and participating portions of counties with amounts of
lower value to the amount
of the county or participating
portion of a county with the next highest value, those funds are to be divided
on a per capita basis for all counties or participating portions of counties
that received aid funds under the calculation in paragraphs (b) and (c) clauses
(2) and (3).
EFFECTIVE
DATE. This section is
effective for state aid for fiscal year 2024 and later.
Sec. 14. Minnesota Statutes 2022, section 134.355, subdivision 7, is amended to read:
Subd. 7. Population
determination. A regional public
library system's population shall be determined according to must
be calculated using the most recent estimate available under section
477A.011, subdivision 3, at the time the aid amounts are calculated, which
must be by April 1 in the year the calculation is made.
EFFECTIVE
DATE. This section is
effective for state aid for fiscal year 2024 and later.
Sec. 15. [134.356]
SCHOOL LIBRARY AID.
Subdivision 1. School
library aid. For fiscal year
2024 and later, school library aid for a district equals the greater of $16.11
times the district's adjusted pupil units for the school year or $40,000. For fiscal year 2024 and later, school
library aid for a charter school equals the greater of $16.11 times the charter
school's adjusted pupil units for the school year or $20,000.
Subd. 2. Uses
of school library aid. School
library aid must be reserved and used for directly funding the costs of the
following purposes within a library:
(1) the salaries and benefits of a
school library media specialist;
(2) electronic, computer, and
audiovisual equipment;
(3) information technology
infrastructure and digital tools;
(4) electronic and material resources;
or
(5) furniture, equipment, or supplies.
EFFECTIVE
DATE. This section is
effective for revenue for fiscal year 2024 and later.
Sec. 16. Laws 2023, chapter 18, section 4, subdivision 2, is amended to read:
Subd. 2. School lunch. For school lunch aid under Minnesota Statutes, section 124D.111, including the amounts for the free school meals program:
|
|
$ |
. . . . . |
2024 |
|
|
$ |
. . . . . |
2025 |
Sec. 17. Laws 2023, chapter 18, section 4, subdivision 3, is amended to read:
Subd. 3. School breakfast. For school breakfast aid under Minnesota Statutes, section 124D.1158:
|
|
$ |
. . . . . |
2024 |
|
|
$ |
. . . . . |
2025 |
Sec. 18. APPROPRIATIONS.
Subdivision 1. Department
of Education. The sums
indicated in this section are appropriated from the general fund to the
Department of Education for the fiscal years designated. Any balance in the first year does not cancel
but is available in the second year.
Subd. 2. Basic
system support. (a) For basic
system support aid under Minnesota Statutes, section 134.355:
|
|
$17,570,000 |
.
. . . . |
2024
|
|
|
$17,570,000 |
.
. . . . |
2025
|
(b) The 2024 appropriation includes
$1,357,000 for 2023 and $16,213,000 for 2024.
(c) The 2025 appropriation includes
$1,801,000 for 2024 and $15,769,000 for 2025.
Subd. 3. Electronic
library for Minnesota. For
statewide licenses to online databases selected in cooperation with the
Minnesota Office of Higher Education for school media centers, public
libraries, state government agency libraries, and public or private college or
university libraries:
|
|
$900,000 |
.
. . . . |
2024
|
|
|
$900,000
|
.
. . . . |
2025
|
Subd. 4. Kindergarten
milk. For kindergarten milk
aid under Minnesota Statutes, section 124D.118:
|
|
$659,000 |
.
. . . . |
2024
|
|
|
$659,000 |
.
. . . . |
2025
|
Subd. 5. Licensed
library media specialists. (a)
For aid to multicounty, multitype library systems to increase the number of licensed
library media specialists:
|
|
$1,000,000 |
.
. . . . |
2024
|
|
|
$0 |
.
. . . . |
2025
|
(b) The aid awarded under this
subdivision must be used for activities associated with increasing the number
of licensed library media specialists, including but not limited to conducting
a census of licensed library media specialists currently working in Minnesota
schools, conducting a needs-based assessment to identify gaps in licensed
library media specialist services, providing professional development opportunities
for licensed library media specialists, and providing tuition support to
candidates seeking to attain school library media specialist licensure.
(c) This is a onetime appropriation.
Subd. 6. Multicounty,
multitype library systems. (a)
For aid under Minnesota Statutes, sections 134.353 and 134.354, to multicounty,
multitype library systems:
|
|
$2,000,000
|
.
. . . . |
2024
|
|
|
$2,000,000 |
.
. . . . |
2025
|
(b) The 2024 appropriation includes
$130,000 for 2023 and $1,870,000 for 2024.
(c) The 2025 appropriation includes
$208,000 for 2024 and $1,792,000 for 2025.
Subd. 7. Regional
library telecommunications. (a)
For regional library telecommunications aid under Minnesota Statutes, section
134.355:
|
|
$2,300,000 |
.
. . . . |
2024
|
|
|
$2,300,000 |
.
. . . . |
2025
|
(b) The 2024 appropriation includes
$230,000 for 2023 and $2,070,000 for 2024.
(c) The 2025 appropriation includes
$230,000 for 2024 and $2,070,000 for 2025.
Subd. 8. School
library aid. (a) For school
library aid under Minnesota Statutes, section 134.356:
|
|
$21,435,000 |
.
. . . . |
2024
|
|
|
$23,799,000 |
.
. . . . |
2025
|
(b) The 2024 appropriation includes $0 for 2023 and $21,435,000 for 2024.
(c) The 2025 appropriation includes
$2,382,000 for 2024 and $21,417,000 for 2025.
Subd. 9. Summer
school food service replacement. For
summer school food service replacement aid under Minnesota Statutes, section
124D.119:
|
|
$150,000 |
.
. . . . |
2024
|
|
|
$150,000 |
.
. . . . |
2025
|
Sec. 19. REVISOR
INSTRUCTION.
The revisor of statutes shall replace
the terms "free lunch," "reduced price lunch,"
"reduced-price lunch," and "free or reduced price lunch"
with "free meals," "reduced-price meals," and "free or
reduced-price meals" wherever they appear in Minnesota Statutes when used
in context with the national school lunch and breakfast programs.
ARTICLE 10
EARLY CHILDHOOD EDUCATION
Section 1. Minnesota Statutes 2022, section 124D.151, subdivision 6, is amended to read:
Subd. 6. Participation limits. (a) Notwithstanding section 126C.05, subdivision 1, paragraph (d), the pupil units for a voluntary prekindergarten program for an eligible school district or charter school must not exceed 60 percent of the kindergarten pupil units for that school district or charter school under section 126C.05, subdivision 1, paragraph (e).
(b) In reviewing applications under
subdivision 5, the commissioner must limit the total number of participants in
the voluntary prekindergarten and school readiness plus programs under Laws
2017, First Special Session chapter 5, article 8, section 9, to not more than
7,160 participants for fiscal years 2019, 2020, 2021, 2022, and 2023, and
3,160 participants for fiscal years 2024 and later 2023, 2024, and 2025,
and 12,360 participants for fiscal year 2026 and later.
EFFECTIVE
DATE. This section is
effective for revenue for fiscal year 2024 and later.
Sec. 2. Minnesota Statutes 2022, section 126C.05, subdivision 3, as amended by Laws 2023, chapter 18, section 3, is amended to read:
Subd. 3. Compensation revenue pupil units. Compensation revenue pupil units must be computed according to this subdivision.
(a) The compensation revenue concentration percentage for each building in a district equals the product of 100 times the ratio of:
(1) the sum of the number of pupils enrolled in the building eligible to receive free lunch plus one-half of the pupils eligible to receive reduced priced lunch on October 1 of the previous fiscal year; to
(2) the number of pupils enrolled in the building on October 1 of the previous fiscal year.
(b) The compensation revenue pupil weighting factor for a building equals the lesser of one or the quotient obtained by dividing the building's compensation revenue concentration percentage by 80.0.
(c) The compensation revenue pupil units for a building equals the product of:
(1) the sum of the number of pupils enrolled in the building eligible to receive free lunch and one-half of the pupils eligible to receive reduced priced lunch on October 1 of the previous fiscal year; times
(2) the compensation revenue pupil weighting factor for the building; times
(3) .60.
(d) Notwithstanding paragraphs (a) to (c), for voluntary prekindergarten programs under section 124D.151, charter schools, and contracted alternative programs in the first year of operation, compensation revenue pupil units shall be computed using data for the current fiscal year. If the voluntary prekindergarten program, charter school, or contracted alternative program begins operation after October 1, compensatory revenue pupil units shall be computed based on pupils enrolled on an alternate date determined by the commissioner, and the compensation revenue pupil units shall be prorated based on the ratio of the number of days of student instruction to 170 days.
(e) Notwithstanding paragraphs (a) to
(c), for voluntary prekindergarten seats discontinued in fiscal year 2024 due
to the reduction in the participation limit under section 124D.151, subdivision
6, those discontinued seats must not be used to calculate compensation revenue
pupil units for fiscal year 2024.
(f) (e) The percentages in
this subdivision must be based on the count of individual pupils and not on a
building average or minimum.
(g) (f) Notwithstanding
paragraphs (a) to (f) (e), for revenue in fiscal year 2025 only,
the compensation revenue pupil units for each building in a district equals the
greater of the building's actual compensation revenue pupil units computed
according to paragraphs (a) to (f) (e) for revenue in fiscal year
2025, or the building's actual compensation revenue pupil units computed
according to paragraphs (a) to (f) (e) for revenue in fiscal year
2024.
EFFECTIVE
DATE. This section is
effective for revenue for fiscal year 2024 and later.
Sec. 3. Minnesota Statutes 2022, section 126C.10, subdivision 2d, is amended to read:
Subd. 2d. Declining
enrollment revenue. (a) A
school district's declining enrollment revenue equals the greater of zero or
the product of: (1) 28 percent of the
formula allowance for that year and (2) the difference between the adjusted
pupil units for the preceding year and the adjusted pupil units for the current
year.
(b) Notwithstanding paragraph (a), for
fiscal year 2024 only, prekindergarten pupil units under section 126C.05,
subdivision 1, paragraph (d), must be excluded from the calculation of
declining enrollment revenue.
EFFECTIVE
DATE. This section is
effective for revenue for fiscal year 2024 and later.
Sec. 4. APPROPRIATION;
VOLUNTARY PREKINDERGARTEN RESERVE.
Subdivision 1. Department of Education. The sums indicated in this section are appropriated from the general fund to the Department of Education in the fiscal years designated.
Subd. 2. Voluntary
prekindergarten reserve. (a)
The commissioner must reserve the following amount for future allocation
towards 3,000 voluntary prekindergarten seats:
|
|
$0
|
.
. . . . |
2024
|
|
|
$50,000,000 |
.
. . . . |
2025
|
(b) The 2024 legislature must provide direction
to the commissioner on allocating the money reserved under paragraph (a).
(c) This is a onetime appropriation and
is available until June 30, 2026.
ARTICLE 11
COMMUNITY EDUCATION AND LIFELONG LEARNING
Section 1. Minnesota Statutes 2022, section 124D.20, subdivision 3, is amended to read:
Subd. 3. General
community education revenue. The
general community education revenue for a district equals $5.23 for fiscal
years 2005 and 2006 and $5.42 for fiscal year 2007 through fiscal year
2024 and $6.35 for fiscal year 2025 and later, times the greater of 1,335
or the population of the district. The
population of the district is determined according to section 275.14.
EFFECTIVE
DATE. This section is
effective for revenue for fiscal year 2025 and later.
Sec. 2. Minnesota Statutes 2022, section 124D.20, subdivision 5, is amended to read:
Subd. 5. Total community education levy. To obtain total community education revenue, a district may levy the amount raised by a maximum tax rate of 0.94 percent through fiscal year 2024, 0.375 percent in fiscal year 2025, 0.3298 percent in fiscal year 2026, and 0.3128 percent in fiscal year 2027 and later, times the adjusted net tax capacity of the district. If the amount of the total community education levy would exceed the total community education revenue, the total community education levy shall be determined according to subdivision 6.
EFFECTIVE
DATE. This section is
effective for revenue for fiscal year 2025 and later.
Sec. 3. Minnesota Statutes 2022, section 124D.2211, is amended to read:
124D.2211
AFTER-SCHOOL COMMUNITY LEARNING PROGRAMS.
Subdivision 1. Establishment. A competitive statewide after-school
community learning grant program is established to provide grants to community
or nonprofit organizations, political subdivisions, for-profit or nonprofit
child care centers, or school-based programs that serve support eligible
organizations to provide culturally affirming and enriching after-school and
summer learning programs for school-age youth after school or during
nonschool hours. Grants must be used
to offer a broad array of academic enrichment activities that promote positive
after‑school and summer learning activities, including art, music,
community engagement, literacy, science, technology, engineering, math, health,
and recreation programs. The
commissioner shall develop criteria for after‑school community learning
programs that promote partnerships and active collaboration with the schools
that participating students attend. The
commissioner may award grants under this section to community or nonprofit
organizations, culturally specific organizations, American Indian
organizations, Tribal Nations, political subdivisions, public libraries, or
school-based programs that serve youth after school, during the summer, or
during nonschool hours.
Subd. 2. Program
outcomes Objectives. The expected
outcomes objectives of the after-school community learning programs
are to increase:
(1) school connectedness of participants;
(2) academic achievement of participating
students in one or more core academic areas;
(3) the capacity of participants to
become productive adults; and
(4) prevent truancy from school and
prevent juvenile crime.
(1) increase access to comprehensive
and culturally affirming after-school and summer learning and enrichment
opportunities that meet the academic, social, and emotional needs of
historically underserved students;
(2) promote engagement in learning and
connections to school and community; and
(3) encourage school attendance and
improve academic performance.
Subd. 3. Grants. (a) An applicant shall must
submit an after-school community learning program proposal to the commissioner. The submitted plan proposal
must include:
(1) collaboration with and leverage of
existing community resources that have demonstrated effectiveness;
(2) outreach to children and youth; and
(3) involvement of local governments,
including park and recreation boards or schools, unless no government agency is
appropriate.
Proposals will be reviewed and approved
by the commissioner.
(1) an assessment of the needs and
available resources for the after-school community learning program and a
description of how the proposed program will address the needs identified,
including how students and families were engaged in the process;
(2) a description of the
partnership between a school and another eligible entity;
(3) an explanation of how the proposal
will support the objectives identified in subdivision 2, including the use of
best practices;
(4) a plan to implement effective
after-school and summer learning practices and provide staff access to
professional development opportunities; and
(5) a description of the data they will
use to evaluate the impact of the program.
(b) The commissioner must review
proposals and award grants to programs that:
(1) primarily serve historically
underserved students; and
(2) provide opportunities for academic
enrichment and a broad array of additional services and activities to meet
program objectives.
(c) To the extent practicable, the
commissioner must award grants equitably among the geographic areas of
Minnesota, including rural, suburban, and urban communities.
Subd. 4. Technical
assistance and continuous improvement.
(a) The commissioner must monitor and evaluate the performance of
grant recipients to assess the effectiveness of after-school community learning
programs in meeting the objectives identified in subdivision 2.
(b) The commissioner must provide
technical assistance, capacity building, and professional development to grant
recipients, including guidance on effective practices for after-school and
summer learning programs.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 4. Minnesota Statutes 2022, section 124D.531, subdivision 1, is amended to read:
Subdivision 1. State
total adult basic education aid. (a)
The state total adult basic education aid for fiscal year 2011 2024
equals $44,419,000 $52,759,000, plus any amount that is not paid
during the previous fiscal year as a result of adjustments under subdivision 4,
paragraph (a), or section 124D.52, subdivision 3. The state total adult basic education aid for
later fiscal years equals:
(1) the state total adult basic education aid for the preceding fiscal year plus any amount that is not paid for during the previous fiscal year, as a result of adjustments under subdivision 4, paragraph (a), or section 124D.52, subdivision 3; times
(2) the lesser of:
(i) 1.03; or
(ii) the greater of: (A) one plus the percent change in the formula allowance under section 126C.10, subdivision 2, from the previous fiscal year to the current fiscal year; or (B) the average growth in state total contact hours over the prior ten program years.
Three percent of the state total adult basic education aid must be set aside for adult basic education supplemental service grants under section 124D.522.
(b) The state total adult basic education aid, excluding basic population aid, equals the difference between the amount computed in paragraph (a), and the state total basic population aid under subdivision 2.
EFFECTIVE
DATE. This section is
effective for revenue for fiscal year 2024 and later.
Sec. 5. Minnesota Statutes 2022, section 124D.531, subdivision 4, is amended to read:
Subd. 4. Adult
basic education program aid limit. (a)
Notwithstanding subdivisions 2 and 3, the total adult basic education aid for a
program per prior year contact hour must not exceed $22 $30 per
prior year contact hour computed under subdivision 3, clause (2).
(b) The aid for a program under subdivision 3, clause (2), adjusted for changes in program membership, must not exceed the aid for that program under subdivision 3, clause (2), for the first preceding fiscal year by more than the greater of 11 percent or $10,000.
(c) Adult basic education aid is payable to a program for unreimbursed costs occurring in the program year as defined in section 124D.52, subdivision 3.
(d) Any adult basic education aid that is not paid to a program because of the program aid limitation under paragraph (a) must be added to the state total adult basic education aid for the next fiscal year under subdivision 1. Any adult basic education aid that is not paid to a program because of the program aid limitations under paragraph (b) must be reallocated among programs by adjusting the rate per contact hour under subdivision 3, clause (2).
Sec. 6. Minnesota Statutes 2022, section 124D.55, is amended to read:
124D.55
COMMISSIONER-SELECTED HIGH SCHOOL EQUIVALENCY TEST FEES.
(a) The commissioner shall pay 60 percent of the fee that is charged to an eligible individual for the full battery of the commissioner-selected high school equivalency tests, but not more than $40 for an eligible individual.
(b) Notwithstanding paragraph (a), for
fiscal years 2020 and 2021 2023 through 2027 only, subject to
the availability of funds, the commissioner shall pay 100 percent of the
fee charged to an eligible individual for the full battery of the
commissioner-selected high school equivalency tests, but not more than the cost
of one full battery of tests per year for any individual.
Sec. 7. Minnesota Statutes 2022, section 124D.56, is amended to read:
124D.56
COMMUNITY EDUCATION PROGRAM REVENUE; ADULTS WITH DISABILITIES.
Subdivision 1. Revenue
amount. A district that is eligible
according to section 124D.20, subdivision 2, may receive revenue for a program
for adults with disabilities. Revenue
for the program for adults with disabilities for a district or a group of
districts equals the lesser of:
(1) the actual expenditures for approved programs and budgets; or
(2) $60,000 the greater of (i)
$0.34 times the population of the school district as determined according to
section 275.14, or (ii) the district's adults with disabilities revenue for
fiscal year 2023. If the district does
not levy the entire amount permitted, the district's adults with disabilities
aid is reduced in proportion to the actual amount levied.
Subd. 2. Aid. Program aid for adults with disabilities
equals the lesser of:
(1) one-half of the actual expenditures
for approved programs and budgets; or
(2) $30,000 difference between
the district's adults with disabilities revenue and the district's adults with
disabilities levy.
Subd. 3. Levy. A district may levy for a program for
adults with disabilities in an amount up to the amount designated in
subdivision 2. In the case of a program
offered by a group of districts, the levy amount must be apportioned among the
districts according to the agreement submitted to the department. not to exceed the lesser of:
(1) the district's revenue under subdivision 1; or
(2) the product of a tax rate not to
exceed .006 percent in fiscal year 2025, .0053 percent in fiscal year 2026, and
.005 percent in fiscal year 2027 and later, times the district's adjusted net
tax capacity for the year prior to the year the levy is certified.
Subd. 4. Outside revenue. A district may receive money from public or private sources to supplement revenue for the program for adults with disabilities. Aid may not be reduced as a result of receiving money from these sources.
Subd. 5. Use of revenue. Revenue for the program for adults with disabilities may be used only to provide programs for adults with disabilities.
Subd. 6. Cooperation
encouraged. A school district
offering programming for adults with disabilities is encouraged to provide
programming in cooperation with other school districts and other public and
private organizations providing services to adults with disabilities.
EFFECTIVE
DATE. This section is
effective for revenue for fiscal year 2025 and later.
Sec. 8. Minnesota Statutes 2022, section 124D.99, subdivision 2, is amended to read:
Subd. 2. Definitions. (a) For purposes of this section the terms defined in this subdivision have the meanings given them.
(b) "Tier 1 grant" "Neighborhood
partnership grant" means a sustaining grant for the ongoing operation,
stability, and expansion of existing education partnership program locations serving
a defined geographic area within a single municipality.
(c) "Tier 2 grant" "Regional
neighborhood partnership grant" means an implementation grant for expanding
activity in the ongoing operation, stability, and expansion of activity
of existing education partnership program locations serving a defined
geographic area encompassing an entire municipality or part of or all of
multiple municipalities.
Sec. 9. Minnesota Statutes 2022, section 124D.99, subdivision 3, is amended to read:
Subd. 3. Administration;
design. (a) The commissioner shall
establish program requirements, an application process and timeline for each tier
of grants grant specified in subdivision 4, criteria for evaluation
of applications, and a grant awards process.
The commissioner's process must minimize administrative costs, minimize
burdens for applicants and grant recipients, and provide a framework that
permits flexibility in program design and implementation among grant
recipients.
(b) To the extent practicable, the commissioner shall design the program to align with programs implemented or proposed by organizations in Minnesota that:
(1) identify and increase the capacity of organizations that are focused on achieving data-driven, locally controlled positive outcomes for children and youth throughout an entire neighborhood or geographic area through programs such as Strive Together, Promise Neighborhood, and the Education Partnerships Coalition members;
(2) build a continuum of educational family and community supports with academically rigorous schools at the center;
(3) maximize program efficiencies by integrating programmatic activities and eliminating administrative barriers;
(4) develop local infrastructure needed to
sustain and scale up proven and effective solutions beyond the initial
neighborhood or geographic area;
(5) utilize appropriate outcome measures based on unique community needs and interests and apply rigorous evaluation on a periodic basis to be used to both monitor outcomes and allow for continuous improvements to systems;
(6) collect and utilize data to improve student outcomes;
(7) share disaggregated performance data with the community to set community-level outcomes;
(8) employ continuous improvement processes;
(9) have a Tribal entity, community foundation, higher education institution, or community-based organization as an anchor entity managing the partnership;
(10) convene a cross-sector leadership group and have a documented accountability structure; and
(11) demonstrate use of nonstate funds, from multiple sources, including in-kind contributions.
(c) A grant recipient's supportive services programming must address:
(1) kindergarten readiness and youth development;
(2) grade 3 reading proficiency;
(3) middle school mathematics;
(4) high school graduation;
(5) postsecondary educational enrollment;
(6) postsecondary education completion or attainment;
(7) physical and mental health;
(8) development of career skills and readiness;
(9) parental engagement and development;
(10) community engagement and programmatic alignment; and
(11) reduction of remedial education.
(d) The commissioner, in consultation with grant recipients, must:
(1) develop and revise core indicators of
progress toward outcomes specifying impacts for each tier identified
under subdivision 4;
(2) establish a reporting system for grant recipients to measure program outcomes using data sources and program goals; and
(3) evaluate effectiveness based on the
core indicators established by each partnership for each tier.
Sec. 10. Minnesota Statutes 2022, section 124D.99, subdivision 5, is amended to read:
Subd. 5. Grants. The commissioner shall award Tier 1
and Tier 2 grants to qualifying recipients that can demonstrate a nonstate
source of funds, including in-kind contributions.
Sec. 11. APPROPRIATIONS.
Subdivision 1. Department
of Education. The sums
indicated in this section are appropriated from the general fund to the
Department of Education for the fiscal years designated. Any balance in the first year does not cancel
but is available in the second year.
Subd. 2. Adult
basic education aid. (a) For
adult basic education aid under Minnesota Statutes, section 124D.531:
|
|
$52,663,000 |
. .
. . . |
2024
|
|
|
$53,717,000
|
. .
. . . |
2025
|
(b) The 2024 appropriation includes
$5,179,000 for 2023 and $47,484,000 for 2024.
(c) The 2025 appropriation includes
$5,275,000 for 2024 and $48,442,000 for 2025.
Subd. 3. Adults
with disabilities program aid. (a)
For adults with disabilities programs under Minnesota Statutes, section
124D.56:
|
|
$710,000 |
. .
. . . |
2024
|
|
|
$1,782,000
|
. .
. . . |
2025
|
(b) The 2024 appropriation includes
$71,000 for 2023 and $639,000 for 2024.
(c) The 2025 appropriation includes
$71,000 for 2024 and $1,711,000 for 2025.
Subd. 4. After
school community learning grant program.
(a) For grants for after school community learning programs in
accordance with Minnesota Statutes, section 124D.2211:
|
|
$30,000,000 |
. .
. . . |
2024
|
|
|
$0 |
.
. . . . |
2025
|
(b) Up to three percent of the
appropriation is for an organization serving as the statewide after-school
network to assist with the requirements of Minnesota Statutes, section
124D.2211, subdivision 4, paragraph (b).
(c) Up to $2,250,000 is available for
grant administration, monitoring, providing technical assistance, and program
evaluation.
(d) This is a onetime appropriation and
is available until June 30, 2027.
Subd. 5. Community
education aid. (a) For
community education aid under Minnesota Statutes, section 124D.20:
|
|
$98,000 |
.
. . . . |
2024
|
|
|
$8,030,000
|
.
. . . . |
2025
|
(b) The 2024 appropriation includes
$14,000 for 2023 and $84,000 for 2024.
(c) The 2025 appropriation includes
$9,000 for 2024 and $8,021,000 for 2025.
Subd. 6. Deaf,
deafblind, and hard-of-hearing adults.
For programs for deaf, deafblind, and hard-of-hearing adults
under Minnesota Statutes, section 124D.57:
|
|
$70,000 |
.
. . . . |
2024
|
|
|
$70,000
|
.
. . . . |
2025
|
Subd. 7. High
school equivalency tests. (a)
For payment of the costs of the commissioner-selected high school equivalency
tests under Minnesota Statutes, section 124D.55:
|
|
$615,000 |
.
. . . . |
2024
|
|
|
$125,000 |
.
. . . . |
2025
|
(b) Of the amounts in paragraph (a),
$490,000 in fiscal year 2024 is available until June 30, 2027.
Subd. 8. Neighborhood
partnership grants. (a) For
neighborhood partnership grants under Minnesota Statutes, section 124D.99:
|
|
$2,600,000 |
.
. . . . |
2024
|
|
|
$2,600,000
|
.
. . . . |
2025
|
(b) Of the amounts in paragraph (a),
$1,300,000 each year is for the Northside Achievement Zone and $1,300,000 each
year is for the St. Paul Promise Neighborhood.
Subd. 9. Regional
neighborhood partnership grants. (a)
For regional neighborhood partnership grants under Minnesota Statutes, section
124D.99:
|
|
$1,400,000 |
.
. . . . |
2024
|
|
|
$1,400,000 |
.
. . . . |
2025
|
(b) Of the amounts in paragraph (a),
$200,000 each year is for the following programs:
(1) Northfield Healthy Community
Initiative in Northfield;
(2) Red Wing Youth Outreach
Program in Red Wing;
(3) United Way of Central Minnesota in St. Cloud;
(4) Austin Aspires in Austin;
(5) Rochester Area Foundation in
Rochester;
(6) Greater Twin Cities United Way for
Generation Next; and
(7) Children First and Partnership for
Success in St. Louis Park.
Subd. 10. School-age
care aid. (a) For school-age
care aid under Minnesota Statutes, section 124D.22:
|
|
$1,000 |
.
. . . . |
2024
|
|
|
$1,000
|
.
. . . . |
2025
|
(b) The 2024 appropriation includes $0
for 2023 and $1,000 for 2024.
(c) The 2025 appropriation includes $0
for 2024 and $1,000 for 2025.
ARTICLE 12
STATE AGENCIES
Section 1. Minnesota Statutes 2022, section 121A.04, subdivision 1, is amended to read:
Subdivision 1. Purpose. The legislature recognizes certain past
inequities in access to athletic programs and in the various degrees of
athletic opportunity previously afforded members of each sex, race, and
ethnicity. The purpose of this
section is to provide an equal opportunity for members of both sexes each
sex and members of all races and ethnicities to participate in athletic
programs.
Sec. 2. Minnesota Statutes 2022, section 121A.04, subdivision 2, is amended to read:
Subd. 2. Equal opportunity
in athletic programs. Each
educational institution or public service shall provide equal opportunity for
members of both sexes each sex and members of all races and
ethnicities to participate in its athletic program. In determining whether equal opportunity to
participate in athletic programs is available for the purposes of this section,
at least the following factors shall be considered to the extent that they are
applicable to a given situation: whether
the opportunity for males and females to participate in the athletic program
reflects the demonstrated interest in athletics of the males and females in the
student body of the educational institution or the population served by the
public service; whether the opportunity for members of all races and
ethnicities to participate in the athletic program reflects the demonstrated
interest in athletics of members of all races and ethnicities in the student
body of the educational institution or the population served by the public
service; whether the variety and selection of sports and levels of
competition effectively accommodate the demonstrated interests of members of both
sexes each sex; whether the variety and selection of sports and
levels of competition effectively accommodate the demonstrated interests of
members of all races and ethnicities; the provision of equipment and
supplies; scheduling of games and practice times; assignment of coaches;
provision of locker rooms; practice and competitive facilities; and the
provision of necessary funds for teams of one sex.
Sec. 3. [121A.20]
LICENSED SCHOOL NURSE.
Subdivision 1. Purpose
and duties. (a) The
Department of Education must employ a school health services specialist to:
(1) provide technical assistance to
school districts and charter schools for the education-related health needs of
students;
(2) serve as the primary source of
information and support for schools in addressing emergency readiness, public
health, and the needs of children and youth with acute and chronic health
conditions and related disorders; and
(3) serve as the primary liaison to the
Department of Health and other state agencies to coordinate school-based,
health-related services for students.
(b) The school health services
specialist's duties include:
(1) increasing professional awareness
and competencies of school nurses and other specialized instructional support
personnel, using the competencies defined in the most recent edition of the
document jointly prepared by the American Nurses Association and the National
Association of School Nurses identified as "School Nursing; Scope and
Standards of Practice" to meet the educational needs of students with
acute or chronic health conditions or students identified with risk
characteristics associated with health and mental health;
(2) developing implementation guidance
to assist general education and special education teachers in (i) recognizing
health-related educational needs of children and youth, and (ii) improving
students' attendance and full participation in instruction and other school
activities;
(3) developing implementation guidance
to assist teachers, specialized instructional support personnel, and school
administrators in prevention of and intervention with health-harming behavior
and mental health; and
(4) increasing the availability of
online and asynchronous professional development programs and materials for
school staff.
Subd. 2. Definition. For purposes of this section, "health services specialist" means a professional registered nurse who:
(1) is licensed as a public health
nurse in Minnesota;
(2) is licensed as a school nurse in
Minnesota;
(3) has a minimum of three years of
experience in school nursing services or as a public health nurse serving
schools;
(4) has experience in managing a
districtwide health policy, overseeing a budget, and supervising personnel; and
(5) has a graduate degree in nursing,
public health, education, or a related field.
Subd. 3. Requirements
for position. The Department
of Education's school health services specialist must be highly trained in
school nursing, which includes knowledge about child growth and development;
public health; health education; and special education with a focus on the
impact of health on learning, comprehensive assessment of learning-related
health using interventions that are evidence-based, and documentation and
evaluation of child health knowledge, skills, status, and education
implications. The specialist must have
knowledge of section 504
plans, health insurance and
third-party reimbursement, health privacy, and emergency preparedness. The specialist must also have skills in
interdisciplinary collaboration, policy development, parent involvement, health
teaching and learning, and staff development.
Sec. 4. Minnesota Statutes 2022, section 121A.582, subdivision 1, is amended to read:
Subdivision 1. Reasonable
force standard. (a) A teacher or
school principal, in exercising the person's lawful authority, may use
reasonable force when it is necessary under the circumstances to correct or
restrain a student or to prevent imminent bodily harm or
death to the student or to another.
(b) A school employee, school bus driver,
or other agent of a district, in exercising the person's lawful authority, may
use reasonable force when it is necessary under the circumstances to restrain a
student or to prevent bodily harm or death to the student or
to another.
(c) Paragraphs (a) and (b) do not authorize conduct prohibited under section 125A.0942.
(d) Districts must report data on their
use of any reasonable force used on a student with a disability to correct or
restrain the student to prevent imminent bodily harm or death to the student or
another that is consistent with the definition of physical holding under
section 125A.0941, paragraph (c), as outlined in section 125A.0942, subdivision
3, paragraph (b).
(e) Beginning with the 2024-2025 school year, districts must report annually by July 15, in a form and manner determined by the commissioner, data from the prior school year about any reasonable force used on a general education student to correct or restrain the student to prevent imminent bodily harm or death to the student or another that is consistent with the definition of physical holding under section 125A.0941, paragraph (c).
Sec. 5. Minnesota Statutes 2022, section 122A.07, subdivision 1, is amended to read:
Subdivision 1. Appointment
of members. The Professional
Educator Licensing and Standards Board consists of 11 13 members
appointed by the governor, with the advice and consent of the senate. Membership terms, compensation of members,
removal of members, the filling of membership vacancies, and fiscal year and
reporting requirements are as provided in sections 214.07 to 214.09. No member may be reappointed for more than
one additional term.
Sec. 6. Minnesota Statutes 2022, section 122A.07, subdivision 2, is amended to read:
Subd. 2. Eligibility;
board composition. Each nominee
appointee, other than a public nominee, must be selected on the basis of
professional experience and knowledge of teacher education, accreditation, and
licensure. The board must be composed
of:
(1) six seven teachers who
are currently teaching in a Minnesota school or who were teaching at the
time of the appointment, have at least five years of teaching experience,
and were are not serving in an administrative function at a
school district or school when appointed a position requiring an
administrative license, pursuant to section 122A.14. The six seven teachers must
include the following:
(i) one teacher in a charter school;
(ii) one teacher two teachers
from a school located in the seven-county metropolitan area, as defined
in section 473.121, subdivision 2;
(iii) one teacher two teachers
from a school located outside the seven-county metropolitan area;
(iv) one teacher from a related
service category licensed by the board; and
(v) one special education teacher; and
(vi) one teacher from a teacher
preparation program;
(2) two teachers currently teaching in a
board-approved teacher preparation program;
(2) (3) one superintendent that
alternates, alternating each term between a superintendent from a
school district in the seven-county metropolitan area, as defined in
section 473.121, subdivision 2, and a superintendent from a school district
outside the metropolitan area;
(3) one school district human resources
director;
(4) one administrator of a cooperative
unit under section 123A.24, subdivision 2, educator who oversees a
special education program and who works closely with a cooperative unit
under section 123A.24, subdivision 2;
(5) one
principal that alternates, alternating each term between an
elementary and a secondary school principal; and
(6) one member of the public that may be a current or former school board member.
Sec. 7. Minnesota Statutes 2022, section 122A.07, subdivision 4, is amended to read:
Subd. 4. Terms,
compensation; removal; vacancies. (a)
The review and processing of complaints; the setting of fees; the selection and
duties of an executive director to serve the board; and other provisions
relating to board operations not provided in this chapter are as provided in
chapter 214. Membership terms, except as
provided in subdivision 2a, compensation of members, removal of members,
the filling of membership vacancies, and fiscal year and reporting requirements
are as provided in sections 214.07 to 214.09.
(b) Board members must receive a stipend
of up to $4,800 annually, prorated monthly, during each year of service on the
board.
Sec. 8. Minnesota Statutes 2022, section 122A.07, subdivision 4a, is amended to read:
Subd. 4a. Administration. (a) The executive director of the board shall be the chief administrative officer for the board but shall not be a member of the board. The executive director shall maintain the records of the board, account for all fees received by the board, supervise and direct employees servicing the board, and perform other services as directed by the board.
(b) The Department of Administration must provide administrative support in accordance with section 16B.371. The commissioner of administration must assess the board for services it provides under this section.
(c) The Department of Education must
provide suitable offices and other space to the board at reasonable cost until
January 1, 2020. Thereafter, the board
may contract with either the Department of Education or the Department of
Administration for the provision of suitable offices and other space, joint
conference and hearing facilities, and examination rooms.
Sec. 9. Minnesota Statutes 2022, section 122A.07, subdivision 5, is amended to read:
Subd. 5. District
reimbursement for costs of substitute teachers.
The Professional Educator Licensing and Standards Board may must
reimburse local school districts for the costs of substitute teachers employed
when regular teachers are providing professional assistance to the state by
serving on the board or on a committee or task force appointed by the board and
charged to make recommendations concerning standards for teacher licensure in
this state.
Sec. 10. Minnesota Statutes 2022, section 122A.07, subdivision 6, is amended to read:
Subd. 6. Public employer compensation reduction prohibited. (a) The public employer of a member must not reduce the member's compensation or benefits because of the member's absence from employment when engaging in the business of the board.
(b) The public employer of a member
must grant the member time off to join board meetings, committee meetings, and
board retreats.
Sec. 11. Minnesota Statutes 2022, section 125A.71, subdivision 1, is amended to read:
Subdivision 1. Rental
income; appropriation. Rental income,
excluding rent for land and living residences, must be deposited in the
state treasury and credited to a revolving fund of the academies. Money in the revolving fund for rental income
is annually appropriated to the academies for staff development purposes. Payment from the revolving fund for rental
income may be made only according to vouchers authorized by the administrator
of the academies.
Sec. 12. [127A.21]
OFFICE OF THE INSPECTOR GENERAL.
Subdivision 1. Establishment
of Office of the Inspector General; powers; duties. The commissioner must establish within
the department an Office of the Inspector General. The Office of the Inspector General is
charged with protecting the integrity of the department and the state by
detecting and preventing fraud, waste, and abuse in department programs. The Office of the Inspector General must
conduct independent and objective investigations to promote the integrity of
the department's programs and operations.
When fraud or other misuse of public funds is detected, the Office of
the Inspector General must report it to the appropriate law enforcement entity
and collaborate and cooperate with law enforcement to assist in the
investigation and any subsequent civil and criminal prosecution.
Subd. 2. Data
practices; hiring; reporting. The
Office of the Inspector General has access to all program data, regardless of
classification under chapter 13, held by the department, school districts or
charter schools, grantees, and any other recipient of funds from the department. The commissioner, or the commissioner's
designee, must hire an inspector general to lead the Office of the Inspector
General. The inspector general must hire
a deputy inspector general and, at the discretion of the inspector general,
sufficient assistant inspectors general to carry out the duties of the office. In a form and manner determined by the
inspector general, the Office of the Inspector General must develop a public
platform for the public to report instances of potential fraud, waste, or abuse
of public funds administered by the department.
Sec. 13. [127A.215]
COMPREHENSIVE SCHOOL MENTAL HEALTH SERVICES LEAD.
Subdivision 1. Lead
position established. The
department must employ a comprehensive school mental health services lead to
serve as a source of information and support for schools in addressing the
mental health needs of students, teachers, and school staff and developing
comprehensive school mental health systems in school districts and charter
schools.
Subd. 2. Assistance
to districts. (a) The lead
must, upon request, assist schools in assessing the quality of their
comprehensive school mental health systems and developing improvement plans to
implement evidence-based mental health resources, tools, and practices in
school districts and charter schools throughout Minnesota.
(b) The lead must establish a
clearinghouse and provide information and resources for school districts,
charter schools, teachers, school staff, and families to support students',
teachers', and school staff's mental health needs.
(c) The lead must work with
school districts and charter schools to improve mental health infrastructure
support by:
(1) developing guidance and sharing
resources on improving the quality of comprehensive school mental health
systems;
(2) developing and sharing resources on
evidence-based strategies, behavioral interventions, and practices or
techniques for addressing mental health needs, including implementing a
comprehensive approach to suicide prevention;
(3) facilitating coordination and
cooperation to enable school districts and charter schools to share strategies,
challenges, and successes associated with supporting the mental health needs of
students, teachers, and staff;
(4) providing advice, upon request, to
schools on implementing trauma-informed and culturally responsive school-based
programs that provide prevention or intervention services to students,
teachers, and staff;
(5) aligning resources among the
different state agencies, including the Department of Education, Department of
Human Services, and Department of Health, to ensure school mental health
systems can efficiently access state resources; and
(6) maintaining a comprehensive list of
resources on the Department of Education website that schools may use to
address students', teachers', and staff's mental health needs, including grant
opportunities; community-based prevention and intervention services; model
policies; written publications that schools may distribute to students,
teachers, and staff; professional development opportunities; best practices;
and other resources for mental health education under section 120B.21.
(d) The lead may report to the
legislature as necessary regarding students', teachers', and school staff's
mental health needs; challenges in developing comprehensive school mental
health services; successful strategies and outcomes; and recommendations for
integrating mental health services and supports in schools.
Subd. 3. Coordination
with other agencies. The
comprehensive school mental health services lead must consult with the Regional
Centers of Excellence, the Department of Health, the Department of Human
Services, the Minnesota School Safety Center, and other federal, state, and
local agencies as necessary to identify or develop information, training, and
resources to help school districts and charter schools support students',
teachers', and school staff's mental health needs.
EFFECTIVE
DATE. This section is
effective July 1, 2023.
Sec. 14. Laws 2021, First Special Session chapter 13, article 11, section 4, subdivision 2, is amended to read:
Subd. 2. Department. (a) For the Department of Education:
|
|
$30,837,000 |
. . . . . |
2022 |
|
|
$26,287,000 |
. . . . . |
2023 |
Of these amounts:
(1) $319,000 each year is for the Board of School Administrators;
(2) $1,000,000 each year is for regional centers of excellence under Minnesota Statutes, section 120B.115;
(3) $250,000 each year is for the School Finance Division to enhance financial data analysis;
(4) $720,000 each year is for implementing Minnesota's Learning for English Academic Proficiency and Success Act under Laws 2014, chapter 272, article 1, as amended;
(5) $123,000 each year is for a dyslexia specialist;
(6) $480,000 each year is for the Department of Education's mainframe update;
(7) $4,500,000 in fiscal year 2022 only is for legal fees and costs associated with litigation; and
(8) $340,000 in fiscal years 2022 and 2023 only are for voluntary prekindergarten programs.
(b) None of the amounts appropriated under this subdivision may be used for Minnesota's Washington, D.C., office.
(c) The expenditures of federal grants and aids as shown in the biennial budget document and its supplements are approved and appropriated and must be spent as indicated.
(d) This appropriation includes funds for information technology project services and support subject to the provisions of Minnesota Statutes, section 16E.21. Any ongoing information technology costs will be incorporated into the service level agreement and will be paid to the Office of MN.IT Services by the Department of Education under the rates and mechanisms specified in that agreement.
(e) To account for the base adjustments provided in Laws 2018, chapter 211, article 21, section 1, paragraph (a), and section 3, paragraph (a), the base for fiscal year 2024 and later is $25,965,000.
(f) On the effective date of this act,
$1,500,000 from the fiscal year 2022 appropriation for legal fees and costs
associated with litigation is canceled to the general fund.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 15. Laws 2023, chapter 18, section 4, subdivision 4, is amended to read:
Subd. 4. Administrative costs. (a) For onetime and ongoing administrative costs necessary to implement the free school meals program:
|
|
$400,000 |
. . . . . |
2023 |
|
|
$0 |
. . . . . |
2024 |
|
|
$ |
. . . . . |
2025 |
(b) The fiscal year 2023 appropriation does not cancel but is available until June 30, 2025.
(c) The base for fiscal year 2026 and
later is $202,000.
Sec. 16. PROFESSIONAL
EDUCATOR LICENSING AND STANDARDS BOARD MEMBERSHIP.
By July 15, 2023, the governor must
nominate members to the Professional Educator Licensing and Standards Board to
ensure the board consists of 13 members.
Notwithstanding any law to the contrary, the term of the school district
human resources director serving on the board as of March 1, 2023, ends
December 31, 2023. By January 1, 2024,
the governor must nominate a member to the board to ensure the board consists
of the 13 members required under Minnesota Statutes, section 122A.07,
subdivision 2.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 17. APPROPRIATIONS;
DEPARTMENT OF EDUCATION.
Subdivision 1. Department
of Education. Unless
otherwise indicated, the sums indicated in this section are appropriated from
the general fund to the Department of Education for the fiscal years designated. Any balance in the first year does not cancel
but is available in the second year.
Subd. 2. Department. (a) For the Department of Education:
|
|
$47,005,000 |
.
. . . . |
2024
|
|
|
$39,922,000 |
.
. . . . |
2025
|
Of these amounts:
(1) $405,000 each year is for the Board
of School Administrators;
(2) $1,000,000 each year is for
regional centers of excellence under Minnesota Statutes, section 120B.115;
(3) $720,000 each year is for
implementing Minnesota's Learning for English Academic Proficiency and Success
Act (LEAPS) under Laws 2014, chapter 272, article 1, as amended;
(4) $480,000 each year is for the
Department of Education's mainframe update;
(5) $7,500,000 in fiscal year 2024 only
is for legal fees and costs associated with litigation;
(6) $595,000 in fiscal year 2024 and
$2,609,000 in fiscal year 2025 are for modernizing district data submissions. The base for fiscal year 2026 and later is
$2,359,000;
(7) $573,000 each year is for
engagement and rulemaking related to Specific Learning Disability;
(8) $150,000 each year is for an ethnic
studies specialist in the academic standards division to provide support to the
ethnic studies working group and to school districts seeking to establish or
strengthen ethnic studies courses;
(9) $150,000 each year is for the
comprehensive school mental health services lead under Minnesota Statutes,
section 127A.215;
(10) $150,000 each year is for a school
health services specialist under Minnesota Statutes, section 121A.20;
(11) $2,000,000 each year is for the
Office of the Inspector General established under Minnesota Statutes, section
127A.21;
(12) $800,000 each year is for audit
and internal control resources;
(13) $2,000,000 in fiscal year 2024
only is for information technology infrastructure and portfolio resources;
(14) $2,000,000 each year is for
staffing the Equity, Diversity and Inclusion (EDI) Center at the Department of
Education; and
(15) $275,000 in fiscal year 2024 and
$175,000 in fiscal year 2025 are for administrative expenses for unemployment
aid.
(b) None of the amounts
appropriated under this subdivision may be used for Minnesota's Washington, D.C.,
office.
(c) The expenditures of federal grants
and aids as shown in the biennial budget document and its supplements are
approved and appropriated and must be spent as indicated.
(d) The base for fiscal year 2026 and
later is $39,667,000.
Sec. 18. APPROPRIATIONS;
MINNESOTA STATE ACADEMIES.
(a) The sums indicated in this section
are appropriated from the general fund to the Minnesota State Academies for the
Deaf and the Blind for the fiscal years designated:
|
|
$17,766,000
|
.
. . . . |
2024
|
|
|
$17,189,000 |
.
. . . . |
2025
|
Of these amounts:
(1) $125,000 in fiscal year 2024 only
is for an audiology booth and related testing equipment;
(2) $445,000 in fiscal year 2024 and
$185,000 in fiscal year 2025 are for a mental health day treatment program. These funds are available until June 30, 2027. The base amount for the allocation under this
clause is $185,000 in fiscal year 2026 and later; and
(3) $321,000 each year is for
unemployment costs.
(b) The base for fiscal year 2026 is
$17,436,000 and the base for fiscal year 2027 and later is $17,193,000.
(c) Any balance in the first year does
not cancel but is available in the second year.
Sec. 19. APPROPRIATIONS;
PERPICH CENTER FOR ARTS EDUCATION.
(a) The sums indicated in this section
are appropriated from the general fund to the Perpich Center for Arts Education
for the fiscal years designated:
|
|
$9,243,000 |
.
. . . . |
2024
|
|
|
$8,435,000 |
.
. . . . |
2025
|
Of these amounts:
(1) $1,150,000 in fiscal year 2024 only
is for furniture replacement in the agency's dormitory and classrooms,
including costs associated with moving and disposal; and
(2) $24,000 each year is for
unemployment costs.
(b) Any balance in the first year does
not cancel but is available in the second year.
Sec. 20. APPROPRIATIONS;
PROFESSIONAL EDUCATOR LICENSING AND STANDARDS BOARD.
Subdivision 1. Professional
Educator Licensing and Standards Board.
(a) The sums indicated in this section are appropriated from the
general fund to the Professional Educator Licensing and Standards Board for the
fiscal years designated:
|
|
$3,484,000 |
.
. . . . |
2024
|
|
|
$3,628,000 |
.
. . . . |
2025
|
(b) Any balance in the first year does
not cancel but is available in the second year.
Subd. 2. Licensure
by portfolio. (a) For
licensure by portfolio:
|
|
$34,000 |
.
. . . . |
2024
|
|
|
$34,000 |
.
. . . . |
2025
|
(b) This appropriation is from the
education licensure portfolio account in the special revenue fund.
ARTICLE 13
FORECAST
A. GENERAL EDUCATION
Section 1. Laws 2021, First Special Session chapter 13, article 1, section 10, subdivision 2, is amended to read:
Subd. 2. General education aid. For general education aid under Minnesota Statutes, section 126C.13, subdivision 4:
|
|
$7,569,266,000 |
. . . . . |
2022 |
|
|
$ |
. . . . . |
2023 |
The 2022 appropriation includes $717,326,000 for 2021 and $6,851,940,000 for 2022.
The 2023 appropriation includes
$734,520,000 for 2022 and $7,070,007,000 $6,804,463,000 for 2023.
Sec. 2. Laws 2021, First Special Session chapter 13, article 1, section 10, subdivision 3, is amended to read:
Subd. 3. Enrollment options transportation. For transportation of pupils attending postsecondary institutions under Minnesota Statutes, section 124D.09, or for transportation of pupils attending nonresident districts under Minnesota Statutes, section 124D.03:
|
|
$12,000 |
. . . . . |
2022 |
|
|
$ |
. . . . . |
2023 |
Sec. 3. Laws 2021, First Special Session chapter 13, article 1, section 10, subdivision 4, is amended to read:
Subd. 4. Abatement aid. For abatement aid under Minnesota Statutes, section 127A.49:
|
|
$2,897,000 |
. . . . . |
2022 |
|
|
$ |
. . . . . |
2023 |
The 2022 appropriation includes $269,000 for 2021 and $2,628,000 for 2022.
The 2023 appropriation includes $291,000
for 2022 and $3,267,000 $1,143,000 for 2023.
Sec. 4. Laws 2021, First Special Session chapter 13, article 1, section 10, subdivision 5, is amended to read:
Subd. 5. Consolidation transition aid. For districts consolidating under Minnesota Statutes, section 123A.485:
|
|
$309,000 |
. . . . . |
2022 |
|
|
$ |
. . . . . |
2023 |
The 2022 appropriation includes $30,000 for 2021 and $279,000 for 2022.
The 2023 appropriation includes $31,000
for 2022 and $342,000 $64,000 for 2023.
Sec. 5. Laws 2021, First Special Session chapter 13, article 1, section 10, subdivision 6, is amended to read:
Subd. 6. Nonpublic pupil education aid. For nonpublic pupil education aid under Minnesota Statutes, sections 123B.40 to 123B.43 and 123B.87:
|
|
$16,991,000 |
. . . . . |
2022 |
|
|
$ |
. . . . . |
2023 |
The 2022 appropriation includes $1,903,000 for 2021 and $15,088,000 for 2022.
The 2023 appropriation includes $1,676,000
for 2022 and $15,774,000 $17,327,000 for 2023.
Sec. 6. Laws 2021, First Special Session chapter 13, article 1, section 10, subdivision 7, is amended to read:
Subd. 7. Nonpublic pupil transportation. For nonpublic pupil transportation aid under Minnesota Statutes, section 123B.92, subdivision 9:
|
|
$19,770,000 |
. . . . . |
2022 |
|
|
$ |
. . . . . |
2023 |
The 2022 appropriation includes $1,910,000 for 2021 and $17,860,000 for 2022.
The 2023 appropriation includes $1,984,000
for 2022 and $17,922,000 $19,043,000 for 2023.
Sec. 7. Laws 2021, First Special Session chapter 13, article 1, section 10, subdivision 9, is amended to read:
Subd. 9. Career and technical aid. For career and technical aid under Minnesota Statutes, section 124D.4531, subdivision 1b:
|
|
$2,668,000 |
. . . . . |
2022 |
|
|
$ |
. . . . . |
2023 |
The 2022 appropriation includes $323,000 for 2021 and $2,345,000 for 2022.
The 2023 appropriation includes $260,000
for 2022 and $2,019,000 $1,654,000 for 2023.
B. EDUCATION EXCELLENCE
Sec. 8. Laws 2021, First Special Session chapter 13, article 2, section 4, subdivision 2, is amended to read:
Subd. 2. Achievement and integration aid. For achievement and integration aid under Minnesota Statutes, section 124D.862:
|
|
$84,057,000 |
. . . . . |
2022 |
|
|
$ |
. . . . . |
2023 |
The 2022 appropriation includes $8,868,000 for 2021 and $75,189,000 for 2022.
The 2023 appropriation includes $8,353,000
for 2022 and $75,078,000 $73,226,000 for 2023.
Sec. 9. Laws 2021, First Special Session chapter 13, article 2, section 4, subdivision 3, is amended to read:
Subd. 3. American Indian education aid. For American Indian education aid under Minnesota Statutes, section 124D.81, subdivision 2a:
|
|
$11,351,000 |
. . . . . |
2022 |
|
|
$ |
. . . . . |
2023 |
The 2022 appropriation includes $1,102,000 for 2021 and $10,249,000 for 2022.
The 2023 appropriation includes $1,138,000
for 2022 and $10,637,000 $10,437,000 for 2023.
Sec. 10. Laws 2021, First Special Session chapter 13, article 2, section 4, subdivision 4, is amended to read:
Subd. 4. Charter school building lease aid. For building lease aid under Minnesota Statutes, section 124E.22:
|
|
$93,547,000 |
. . . . . |
2022 |
|
|
$ |
. . . . . |
2023 |
The 2022 appropriation includes $8,617,000 for 2021 and $84,930,000 for 2022.
The 2023 appropriation includes $9,436,000
for 2022 and $90,383,000 $81,428,000 for 2023.
Sec. 11. Laws 2021, First Special Session chapter 13, article 2, section 4, subdivision 12, is amended to read:
Subd. 12. Interdistrict desegregation or integration transportation grants. For interdistrict desegregation or integration transportation grants under Minnesota Statutes, section 124D.87:
|
|
$12,310,000 |
. . . . . |
2022 |
|
|
$ |
. . . . . |
2023 |
Sec. 12. Laws 2021, First Special Session chapter 13, article 2, section 4, subdivision 27, is amended to read:
Subd. 27. Tribal contract school aid. For Tribal contract school aid under Minnesota Statutes, section 124D.83:
|
|
$2,743,000 |
. . . . . |
2022 |
|
|
$ |
. . . . . |
2023 |
The 2022 appropriation includes $240,000 for 2021 and $2,503,000 for 2022.
The 2023 appropriation includes $278,000 for
2022 and $2,882,000 $2,303,000 for 2023.
C. TEACHERS
Sec. 13. Laws 2021, First Special Session chapter 13, article 3, section 7, subdivision 7, is amended to read:
Subd. 7. Alternative teacher compensation aid. (a) For alternative teacher compensation aid under Minnesota Statutes, section 122A.415, subdivision 4:
|
|
$88,896,000 |
. . . . . |
2022 |
|
|
$ |
. . . . . |
2023 |
(b) The 2022 appropriation includes $8,877,000 for 2021 and $80,019,000 for 2022.
(c) The 2023 appropriation includes
$8,891,000 for 2022 and $80,007,000 $79,417,000 for 2023.
D. SPECIAL EDUCATION
Sec. 14. Laws 2021, First Special Session chapter 13, article 5, section 3, subdivision 2, is amended to read:
Subd. 2. Special education; regular. For special education aid under Minnesota Statutes, section 125A.75:
|
|
$1,822,998,000 |
. . . . . |
2022 |
|
|
$ |
. . . . . |
2023 |
The 2022 appropriation includes $215,125,000 for 2021 and $1,607,873,000 for 2022.
The 2023 appropriation includes
$226,342,000 for 2022 and $1,719,191,000 $1,632,863,000 for 2023.
Sec. 15. Laws 2021, First Special Session chapter 13, article 5, section 3, subdivision 3, is amended to read:
Subd. 3. Aid for children with disabilities. For aid under Minnesota Statutes, section 125A.75, subdivision 3, for children with disabilities placed in residential facilities within the district boundaries for whom no district of residence can be determined:
|
|
$1,818,000 |
. . . . . |
2022 |
|
|
$ |
. . . . . |
2023 |
If the appropriation for either year is insufficient, the appropriation for the other year is available.
Sec. 16. Laws 2021, First Special Session chapter 13, article 5, section 3, subdivision 4, is amended to read:
Subd. 4. Travel for home-based services. For aid for teacher travel for home-based services under Minnesota Statutes, section 125A.75, subdivision 1:
|
|
$465,000 |
. . . . . |
2022 |
|
|
$ |
. . . . . |
2023 |
The 2022 appropriation includes $23,000 for 2021 and $442,000 for 2022.
The 2023 appropriation includes $49,000 for
2022 and $463,000 $288,000 for 2023.
E. FACILITIES
Sec. 17. Laws 2021, First Special Session chapter 13, article 7, section 2, subdivision 2, is amended to read:
Subd. 2. Debt service equalization aid. For debt service equalization aid under Minnesota Statutes, section 123B.53, subdivision 6:
|
|
$25,001,000 |
. . . . . |
2022 |
|
|
$ |
. . . . . |
2023 |
The 2022 appropriation includes $2,588,000 for 2021 and $22,413,000 for 2022.
The 2023 appropriation includes $2,490,000
for 2022 and $21,796,000 $21,825,000 for 2023.
Sec. 18. Laws 2021, First Special Session chapter 13, article 7, section 2, subdivision 3, is amended to read:
Subd. 3. Long-term facilities maintenance equalized aid. For long-term facilities maintenance equalized aid under Minnesota Statutes, section 123B.595, subdivision 9:
|
|
$108,582,000 |
. . . . . |
2022 |
|
|
$ |
. . . . . |
2023 |
The 2022 appropriation includes $10,660,000 for 2021 and $97,922,000 for 2022.
The 2023 appropriation includes
$10,880,000 for 2022 and $100,197,000 $97,389,000 for 2023.
F. NUTRITION
Sec. 19. Laws 2021, First Special Session chapter 13, article 8, section 3, subdivision 2, is amended to read:
Subd. 2. School lunch. For school lunch aid under Minnesota Statutes, section 124D.111, and Code of Federal Regulations, title 7, section 210.17:
|
|
$16,661,000 |
. . . . . |
2022 |
|
|
$ |
. . . . . |
2023 |
Sec. 20. Laws 2021, First Special Session chapter 13, article 8, section 3, subdivision 3, is amended to read:
Subd. 3. School breakfast. For traditional school breakfast aid under Minnesota Statutes, section 124D.1158:
|
|
$11,848,000 |
. . . . . |
2022 |
|
|
$ |
. . . . . |
2023 |
Sec. 21. Laws 2021, First Special Session chapter 13, article 8, section 3, subdivision 4, is amended to read:
Subd. 4. Kindergarten milk. For kindergarten milk aid under Minnesota Statutes, section 124D.118:
|
|
$656,000 |
. . . . . |
2022 |
|
|
$ |
. . . . . |
2023 |
G. EARLY EDUCATION
Sec. 22. Laws 2021, First Special Session chapter 13, article 9, section 4, subdivision 5, is amended to read:
Subd. 5. Early childhood family education aid. (a) For early childhood family education aid under Minnesota Statutes, section 124D.135:
|
|
$35,003,000 |
. . . . . |
2022 |
|
|
$ |
. . . . . |
2023 |
(b) The 2022 appropriation includes $3,341,000 for 2021 and $31,662,000 for 2022.
(c) The 2023 appropriation includes
$3,518,000 for 2022 and $32,960,000 $31,662,000 for 2023.
Sec. 23. Laws 2021, First Special Session chapter 13, article 9, section 4, subdivision 6, is amended to read:
Subd. 6. Developmental screening aid. (a) For developmental screening aid under Minnesota Statutes, sections 121A.17 and 121A.19:
|
|
$3,582,000 |
. . . . . |
2022 |
|
|
$ |
. . . . . |
2023 |
(b) The 2022 appropriation includes $360,000 for 2021 and $3,222,000 for 2022.
(c) The 2023 appropriation includes
$357,000 for 2022 and $3,119,000 $3,146,000 for 2023.
Sec. 24. Laws 2021, First Special Session chapter 13, article 9, section 4, subdivision 12, is amended to read:
Subd. 12. Home visiting aid. (a) For home visiting aid under Minnesota Statutes, section 124D.135:
|
|
$462,000 |
. . . . . |
2022 |
|
|
$ |
. . . . . |
2023 |
(b) The 2022 appropriation includes $47,000 for 2021 and $415,000 for 2022.
(c) The 2023 appropriation includes
$46,000 for 2022 and $398,000 $369,000 for 2023.
H. COMMUNITY EDUCATION AND LIFELONG LEARNING
Sec. 25. Laws 2021, First Special Session chapter 13, article 10, section 1, subdivision 2, is amended to read:
Subd. 2. Community education aid. For community education aid under Minnesota Statutes, section 124D.20:
|
|
$180,000 |
. . . . . |
2022 |
|
|
$ |
. . . . . |
2023 |
The 2022 appropriation includes $22,000 for 2021 and $158,000 for 2022.
The 2023 appropriation includes $17,000
for 2022 and $138,000 $133,000 for 2023.
Sec. 26. Laws 2021, First Special Session chapter 13, article 10, section 1, subdivision 8, is amended to read:
Subd. 8. Adult basic education aid. For adult basic education aid under Minnesota Statutes, section 124D.531:
|
|
$53,191,000 |
. . . . . |
2022 |
|
|
$ |
. . . . . |
2023 |
The 2022 appropriation includes $5,177,000 for 2021 and $48,014,000 for 2022.
The 2023 appropriation includes $5,334,000
for 2022 and $49,434,000 $46,614,000 for 2023."
Delete the title and insert:
"A bill for an act relating to education finance; providing funding for prekindergarten through grade 12 education; modifying provisions for general education, education excellence, literacy, American Indian education, teachers, charter schools, special education, facilities, nutrition, libraries, early childhood, community education, and state agencies; making forecast adjustments; providing for rulemaking; requiring reports; appropriating money; amending Minnesota Statutes 2022, sections 13.32, subdivision 3; 120A.20, subdivision 1; 120A.22, subdivision 10; 120A.414, subdivision 2, by adding a subdivision; 120A.42; 120B.018, subdivision 6; 120B.021, subdivisions 1, 2, 3, 4, as amended, by adding a subdivision; 120B.022, subdivision 1; 120B.024, subdivisions 1, 2; 120B.11, subdivisions 1, 2, 3; 120B.12; 120B.122, subdivision 1; 120B.15; 120B.30, subdivisions 1, 1a; 120B.301; 120B.35, subdivision 3; 120B.36, subdivision 2; 121A.031, subdivision 6; 121A.04, subdivisions 1, 2; 121A.41, subdivision 7, by adding subdivisions; 121A.425; 121A.45, subdivision 1; 121A.46, subdivision 4, by adding a subdivision; 121A.47, subdivisions 2, 14; 121A.53, subdivision 1; 121A.55; 121A.58; 121A.582, subdivision 1; 121A.61, subdivisions 1, 3, by adding subdivisions; 122A.06, subdivisions 1, 2, 5, 6, 7, 8, by adding subdivisions; 122A.07, subdivisions 1, 2, 4, 4a, 5, 6; 122A.09, subdivisions 4, 6, 9, 10; 122A.091, subdivisions 1, 2; 122A.092, subdivision 5; 122A.15, subdivision 1; 122A.18, subdivisions 1, 2, 10, by adding a subdivision; 122A.181, subdivisions 1, 2, 3, 4, 5, by adding a subdivision; 122A.182, subdivisions 1, 4, by adding subdivisions; 122A.183, subdivisions 1, 2, by adding a subdivision; 122A.184, subdivision 1; 122A.185, subdivisions 1, 4; 122A.187, subdivisions 1, 5, by adding a subdivision; 122A.19, subdivision 4; 122A.26, subdivision 2; 122A.31, subdivision 1; 122A.40, subdivisions 3, 5, 8; 122A.41, subdivisions 2, 5, by adding a subdivision; 122A.415, subdivision 4; 122A.59; 122A.63, by adding a subdivision; 122A.635; 122A.69; 122A.70; 122A.73, subdivisions 2, 3, 5; 123B.147, subdivision 3; 123B.595, subdivisions 1, 2, 3, 4, 7, 8, 8a, 9, 10, 11; 123B.71, subdivisions 9, 12; 123B.86, subdivision 3; 123B.92, subdivision 1, by adding a subdivision; 124D.03, subdivisions 3, 5; 124D.09, subdivisions 3, 5, 12, 13; 124D.111, subdivisions 1a, as amended, 2a, 5; 124D.1158, as amended; 124D.119; 124D.128, subdivisions 1, 2; 124D.151, subdivision 6; 124D.20, subdivisions 3, 5; 124D.2211; 124D.231; 124D.42, subdivision 8; 124D.531, subdivisions 1, 4; 124D.55; 124D.56; 124D.59, subdivisions 2, 2a; 124D.65, subdivision 5; 124D.68, subdivisions 2, 3; 124D.73, by adding a subdivision; 124D.74, subdivisions 1, 3, 4, by adding a subdivision; 124D.76; 124D.78; 124D.79, subdivision 2; 124D.791, subdivision 4; 124D.81; 124D.861, subdivision 2; 124D.862, subdivision 8; 124D.98, by adding a subdivision; 124D.99, subdivisions 2, 3, 5; 124E.02; 124E.03, subdivision 2, by adding a subdivision; 124E.05, subdivisions 4, 7; 124E.06, subdivisions 1, 4, 5; 124E.10, subdivision 1; 124E.11; 124E.12, subdivision 1; 124E.13, subdivisions 1, 3; 124E.16; 124E.25, subdivision 1a; 125A.03; 125A.08; 125A.0942; 125A.15; 125A.51; 125A.515, subdivision 3; 125A.71, subdivision 1; 125A.76, subdivisions 2c, 2e, by adding a subdivision; 126C.05, subdivisions 3, as amended, 19; 126C.10, subdivisions 2, 2a, 2d, 2e, 3, 4, 13, 14, 18a, by adding subdivisions; 126C.12, by adding a subdivision; 126C.15, subdivisions 1, 2, 5; 126C.17, by adding a subdivision; 126C.40, subdivisions 1, 6; 126C.43, subdivision 2; 126C.44; 127A.353, subdivisions 2, 4; 128C.01, subdivision 4; 134.31, subdivisions 1, 4a; 134.32, subdivision 4; 134.34, subdivision 1; 134.355, subdivisions 1, 5, 6, 7; 144.4165; 256B.0625, subdivision 26; 268.085, subdivision 7; 290.0679, subdivision 2; Laws 2021, First Special Session chapter 13, article 1, section 10, subdivisions 2, 3, 4, 5, 6, 7, 9; article 2, section 4, subdivisions 2, 3, 4, 12, 27; article 3, section 7, subdivision 7; article 5, section 3, subdivisions 2, 3, 4; article 7, section 2, subdivisions 2, 3; article 8, section 3, subdivisions 2, 3, 4; article 9, section 4, subdivisions 5, 6, 12; article 10, section 1, subdivisions
2, 8; article 11, section 4, subdivision 2; Laws 2023, chapter 18, section 4, subdivisions 2, 3, 4; proposing coding for new law in Minnesota Statutes, chapters 120B; 121A; 122A; 124D; 125A; 127A; 134; repealing Minnesota Statutes 2022, sections 120B.02, subdivision 3; 120B.35, subdivision 5; 122A.06, subdivision 4; 122A.07, subdivision 2a; 122A.091, subdivisions 3, 6; 122A.18, subdivision 7c; 122A.182, subdivision 2; 124D.095, subdivisions 1, 2, 3, 4, 5, 6, 7, 8; 126C.05, subdivisions 3, 16; 268.085, subdivision 8; Laws 2023, chapter 18, section 4, subdivision 5; Minnesota Rules, part 8710.0500, subparts 8, 11."
We request the adoption of this report and repassage of the bill. |
||
House
Conferees: Cheryl Youakim, Laurie Pryor, Josiah Hill and Mary Frances Clardy. |
||
|
|
|
Senate
Conferees: Mary Kunesh, Steve Cwodzinski, Heather Gustafson and Erin Maye Quade. |
Youakim moved that the report of the
Conference Committee on H. F. No. 2497 be adopted and that the
bill be repassed as amended by the Conference Committee. The motion prevailed.
H. F. No. 2497, A bill for an act relating to education finance; providing funding for prekindergarten through grade 12 education; modifying provisions for general education, education excellence, literacy, American Indian education, teachers, charter schools, special education, facilities, nutrition, libraries, early childhood, community education, grants management, and state agencies; making forecast adjustments; providing for rulemaking; requiring reports; appropriating money; amending Minnesota Statutes 2022, sections 13.32, subdivision 3; 120A.20, subdivision 1; 120A.22, subdivision 10; 120A.414, subdivision 2, by adding a subdivision; 120A.42; 120B.018, subdivision 6; 120B.021, subdivisions 1, 2, 3, 4, as amended, by adding a subdivision; 120B.022, subdivision 1; 120B.024, subdivisions 1, 2; 120B.11, subdivisions 1, 2, 3; 120B.12; 120B.122, subdivision 1; 120B.15; 120B.30, subdivisions 1, 1a; 120B.301; 120B.35, subdivision 3; 120B.36, subdivision 2; 121A.031, subdivision 6; 121A.04, subdivisions 1, 2; 121A.41, subdivision 7, by adding subdivisions; 121A.425; 121A.45, subdivision 1; 121A.46, subdivision 4, by adding a subdivision; 121A.47, subdivisions 2, 14; 121A.53, subdivision 1; 121A.55; 121A.58; 121A.582, subdivision 1; 121A.61, subdivisions 1, 3, by adding subdivisions; 122A.06, subdivisions 1, 2, 5, 6, 7, 8, by adding subdivisions; 122A.07, subdivisions 1, 2, 4, 4a, 5, 6; 122A.09, subdivisions 4, 6, 9, 10; 122A.091, subdivisions 1, 2; 122A.092, subdivision 5; 122A.15, subdivision 1; 122A.18, subdivisions 1, 2, 10, by adding a subdivision; 122A.181, subdivisions 1, 2, 3, 4, 5, by adding a subdivision; 122A.182, subdivisions 1, 4, by adding subdivisions; 122A.183, subdivisions 1, 2, by adding subdivisions; 122A.184, subdivision 1; 122A.185, subdivisions 1, 4; 122A.187, subdivisions 1, 5, by adding a subdivision; 122A.19, subdivision 4; 122A.26, subdivision 2; 122A.31, subdivision 1; 122A.40, subdivisions 3, 5, 8; 122A.41, subdivisions 2, 5, by adding a subdivision; 122A.415, subdivision 4; 122A.42; 122A.50; 122A.59; 122A.63, by adding a subdivision; 122A.635; 122A.69; 122A.70; 122A.73, subdivisions 2, 3, 5; 123B.147, subdivision 3; 123B.595, subdivisions 1, 2, 3, 4, 7, 8, 8a, 9, 10, 11; 123B.71, subdivisions 9, 12; 123B.86, subdivision 3; 123B.92, subdivision 1, by adding a subdivision; 124D.03, subdivisions 3, 5; 124D.09, subdivisions 3, 5, 12, 13; 124D.111, subdivisions 2a, 5; 124D.1158, as amended; 124D.119; 124D.128, subdivisions 1, 2; 124D.151, subdivision 6; 124D.20, subdivisions 3, 5; 124D.2211; 124D.231; 124D.42, subdivision 8; 124D.531, subdivisions 1, 4; 124D.55; 124D.56; 124D.59, subdivisions 2, 2a; 124D.65, subdivision 5; 124D.68, subdivisions 2, 3; 124D.73, by adding a subdivision; 124D.74, subdivisions 1, 3, 4, by adding a subdivision; 124D.76; 124D.78; 124D.79, subdivision 2; 124D.791, subdivision 4; 124D.81; 124D.861, subdivision 2; 124D.862, subdivision 8; 124D.98, by adding a subdivision; 124D.99, subdivision 2; 124E.02; 124E.03, subdivision 2, by adding a subdivision; 124E.05, subdivisions 4, 7; 124E.06, subdivisions 1, 4, 5; 124E.10, subdivision 1; 124E.11; 124E.12, subdivision 1; 124E.13, subdivisions 1, 3; 124E.25, subdivision 1a; 125A.03; 125A.08; 125A.0942; 125A.13; 125A.15; 125A.51; 125A.515, subdivision 3; 125A.71, subdivision 1; 125A.76, subdivisions 2c, 2e, by adding a subdivision; 126C.05, subdivisions 1, 3, as amended, 19; 126C.10,
subdivisions 2, 2a, 2d, 2e, 3, 4, 13, 13a, 14, 18a, by adding subdivisions; 126C.15, subdivisions 1, 2, 5; 126C.17, by adding a subdivision; 126C.40, subdivisions 1, 6; 126C.43, subdivision 2; 126C.44; 127A.353, subdivisions 2, 4; 134.31, subdivisions 1, 4a; 134.32, subdivision 4; 134.34, subdivision 1; 134.355, subdivisions 5, 6, 7; 144.4165; 179A.03, subdivisions 14, 18, 19; 256B.0625, subdivision 26; 268.085, subdivision 7; 290.0679, subdivision 2; Laws 2021, First Special Session chapter 13, article 1, section 10, subdivisions 2, 3, 4, 5, 6, 7, 9; article 2, section 4, subdivisions 2, 3, 4, 12, 27; article 3, section 7, subdivision 7; article 5, section 3, subdivisions 2, 3, 4; article 7, section 2, subdivisions 2, 3; article 8, section 3, subdivisions 2, 3, 4; article 9, section 4, subdivisions 5, 6, 12; article 10, section 1, subdivisions 2, 8; article 11, section 4, subdivision 2; Laws 2023, chapter 18, section 4, subdivisions 2, 3; proposing coding for new law in Minnesota Statutes, chapters 120B; 121A; 122A; 124D; 125A; 126C; 127A; repealing Minnesota Statutes 2022, sections 120B.35, subdivision 5; 122A.06, subdivision 4; 122A.07, subdivision 2a; 122A.091, subdivisions 3, 6; 122A.18, subdivision 7c; 122A.182, subdivision 2; 124D.095, subdivisions 1, 2, 3, 4, 5, 6, 7, 8; 126C.05, subdivisions 3, 16; 268.085, subdivision 8; Minnesota Rules, part 8710.0500, subparts 8, 11.
The bill was read for the third time, as
amended by Conference, and placed upon its repassage.
The question was taken on the repassage of
the bill and the roll was called. There
were 70 yeas and 62 nays as follows:
Those who voted in the affirmative were:
Acomb
Agbaje
Bahner
Becker-Finn
Berg
Bierman
Brand
Carroll
Cha
Clardy
Coulter
Curran
Edelson
Elkins
Feist
Finke
Fischer
Frazier
Frederick
Freiberg
Gomez
Greenman
Hansen, R.
Hanson, J.
Hassan
Hemmingsen-Jaeger
Her
Hicks
Hill
Hollins
Hornstein
Howard
Huot
Hussein
Jordan
Keeler
Klevorn
Koegel
Kotyza-Witthuhn
Kozlowski
Kraft
Lee, F.
Lee, K.
Liebling
Lillie
Lislegard
Long
Moller
Nelson, M.
Newton
Noor
Norris
Olson, L.
Pelowski
Pérez-Vega
Pinto
Pryor
Pursell
Rehm
Reyer
Richardson
Sencer-Mura
Smith
Stephenson
Tabke
Vang
Wolgamott
Xiong
Youakim
Spk. Hortman
Those who voted in the negative were:
Altendorf
Anderson, P. E.
Backer
Bakeberg
Baker
Bennett
Bliss
Burkel
Daniels
Daudt
Davids
Davis
Demuth
Dotseth
Engen
Fogelman
Franson
Garofalo
Gillman
Grossell
Harder
Heintzeman
Hudella
Hudson
Igo
Jacob
Johnson
Joy
Knudsen
Koznick
Kresha
McDonald
Mekeland
Mueller
Murphy
Myers
Nadeau
Nash
Nelson, N.
Neu Brindley
Niska
Novotny
O'Driscoll
Olson, B.
O'Neill
Perryman
Petersburg
Pfarr
Quam
Robbins
Schomacker
Schultz
Scott
Skraba
Swedzinski
Torkelson
Urdahl
West
Wiener
Wiens
Witte
Zeleznikar
The bill was repassed, as amended by
Conference, and its title agreed to.
Long moved that the House recess subject to the call of
the Chair. The motion prevailed.
RECESS
RECONVENED
The House reconvened and was called to
order by Speaker pro tempore Wolgamott.
MESSAGES FROM
THE SENATE
The
following messages were received from the Senate:
Madam Speaker:
I hereby announce the passage by the Senate of the following House File, herewith returned:
H. F. No. 2988, A bill for an act relating to workers' compensation; adopting recommendations of the 2023 Workers' Compensation Advisory Committee; modifying workers' compensation self-insurance; improving system efficiencies; modifying the permanent partial disability schedule; requiring a post-traumatic stress disorder study and report; making housekeeping changes; appropriating money; amending Minnesota Statutes 2022, sections 79A.01, subdivision 4; 79A.04, subdivisions 7, 9, 10, 16, by adding a subdivision; 79A.08; 79A.13; 79A.24, subdivision 4; 79A.25, subdivisions 1, 2, 3, by adding a subdivision; 176.011, subdivision 11a, by adding a subdivision; 176.081, subdivision 1; 176.101, subdivision 2a; 176.102, subdivision 3; 176.111, subdivision 16, by adding a subdivision; 176.135, subdivisions 1, 1a, 7; 176.1362, subdivision 1; 176.1364, subdivision 3; 176.155, subdivision 1; 176.239, subdivisions 6, 7; 176.291; 176.305, subdivision 4; 176.331; repealing Minnesota Statutes 2022, sections 176.1364, subdivision 6; 176.223.
Thomas S. Bottern, Secretary of the Senate
Madam
Speaker:
I hereby announce that the Senate has concurred in and
adopted the report of the Conference Committee on:
S. F. No. 3035.
The Senate has repassed said bill in accordance with the
recommendation and report of the Conference Committee. Said Senate File is herewith transmitted to
the House.
Thomas S. Bottern, Secretary of the Senate
CONFERENCE COMMITTEE REPORT ON S. F. No. 3035
A bill for an act relating to state government; establishing the biennial budget for the Department of Employment and Economic Development, Explore Minnesota, Department of Labor and Industry, Workers' Compensation Court of Appeals, and Bureau of Mediation Services; modifying miscellaneous policy provisions;
requiring reports; appropriating money; amending Minnesota Statutes 2022, sections 15.71, by adding subdivisions; 15.72, by adding a subdivision; 116J.5492, subdivisions 8, 10; 116J.55, subdivisions 1, 5, 6; 116J.871, subdivision 2; 116J.8748, subdivisions 3, 4, 6, by adding a subdivision; 116L.361, subdivision 7; 116L.362, subdivision 1; 116L.364, subdivision 3; 116L.56, subdivision 2; 116L.561, subdivision 5; 116L.562, subdivision 2; 116U.05; 116U.10; 116U.15; 116U.20; 116U.30; 116U.35; 175.16, subdivision 1; 177.26, subdivisions 1, 2; 177.27, subdivisions 4, 7; 178.01; 178.011, subdivision 7; 178.03, subdivision 1; 178.11; 179.86, subdivisions 1, 3, by adding subdivisions; 181.14, subdivision 1; 181.635, subdivisions 1, 2, 3, 4, 6; 181.85, subdivisions 2, 4; 181.86, subdivision 1; 181.87, subdivisions 2, 3, 7; 181.88; 181.89, subdivision 2, by adding a subdivision; 181.9435, subdivision 1; 181.9436; 182.654, subdivision 11; 182.666, subdivisions 1, 2, 3, 4, 5, by adding a subdivision; 326B.092, subdivision 6; 326B.096; 326B.103, subdivision 13, by adding subdivisions; 326B.106, subdivisions 1, 4, by adding a subdivision; 326B.802, subdivision 15; 337.01, subdivision 3; 337.05, subdivision 1; 341.21, subdivisions 2a, 2b, 2c, 4f, 7, by adding a subdivision; 341.221; 341.25; 341.27; 341.28, subdivisions 2, 3, by adding subdivisions; 341.30, subdivision 4; 341.32, subdivision 2; 341.321; 341.33; 341.355; 469.40, subdivision 11; 469.47, subdivisions 1, 5, 6; Laws 2021, First Special Session chapter 10, article 2, section 24; proposing coding for new law in Minnesota Statutes, chapters 116J; 116L; 116U; 179; 181; 182; 341; repealing Minnesota Statutes 2022, section 177.26, subdivision 3.
May 15, 2023
The Honorable Bobby Joe Champion
President of the Senate
The Honorable Melissa Hortman
Speaker of the House of Representatives
We, the undersigned conferees for S. F. No. 3035 report that we have agreed upon the items in dispute and recommend as follows:
That the House recede from its amendments and that S. F. No. 3035 be further amended as follows:
Delete everything after the enacting clause and insert:
"ARTICLE 1
LABOR POLICY
Section 1. Minnesota Statutes 2022, section 116J.871, subdivision 1, is amended to read:
Subdivision 1. Definitions. (a) For the purposes of this section, the following terms have the meanings given them.
(b) "Economic
development" means financial assistance provided to a person directly or
to a local unit of government or nonprofit organization on behalf of a person
who is engaged in the manufacture or sale of goods and services. Economic development does not include (1)
financial assistance for rehabilitation of existing housing or; (2)
financial assistance for new housing construction in which total financial
assistance at a single project site is less than $100,000; or (3) financial
assistance for the new construction of fully detached single-family affordable
homeownership units for which the financial assistance covers no more than ten
fully detached single-family affordable homeownership units. For purposes of this paragraph,
"affordable homeownership" means housing targeted at households with
incomes, at initial occupancy, at or below 115 percent of the state or area
median income, whichever is greater, as determined by the United States
Department of Housing and Urban Development.
(c) "Financial assistance" means (1) a grant awarded by a state agency for economic development related purposes if a single business receives $200,000 or more of the grant proceeds; (2) a loan or the guaranty or purchase of a loan made by a state agency for economic development related purposes if a single business receives $500,000 or more of the loan proceeds; or (3) a reduction, credit, or abatement of a tax assessed under chapter 297A where the tax reduction, credit, or abatement applies to a geographic area smaller than the entire state and was granted for economic development related purposes. Financial assistance does not include payments by the state of aids and credits under chapter 273 or 477A to a political subdivision.
(d) "Project site" means the location where improvements are made that are financed in whole or in part by the financial assistance; or the location of employees that receive financial assistance in the form of employment and training services as defined in section 116L.19, subdivision 4, or customized training from a technical college.
(e) "State agency" means any agency defined under section 16B.01, subdivision 2, Enterprise Minnesota, Inc., and the Iron Range Resources and Rehabilitation Board.
Sec. 2. Minnesota Statutes 2022, section 116J.871, subdivision 2, is amended to read:
Subd. 2. Prevailing
wage required. (a) A state
agency may provide financial assistance to a person only if the person
receiving or benefiting from the financial assistance certifies to the
commissioner of labor and industry that laborers and mechanics at the project
site during construction, installation, remodeling, and repairs for which the
financial assistance was provided will be paid the prevailing wage rate as
defined in section 177.42, subdivision 6.
The person receiving or benefiting from the financial assistance is
also subject to the requirements and enforcement provisions of sections 177.27,
177.30, 177.32, 177.41 to 177.435, and 177.45.
(b) For purposes of
complying with section 177.30, paragraph (a), clauses (6) and (7), the state
agency awarding the financial assistance is considered the contracting
authority and the project is considered a public works project. The person receiving or benefiting from the
financial assistance shall notify all employers on the project of the record
keeping and reporting requirements in section 177.30, paragraph (a), clauses
(6) and (7). Each employer shall submit
the required information to the contracting authority.
Sec. 3. Minnesota Statutes 2022, section 175.16, subdivision 1, is amended to read:
Subdivision 1. Established. The Department of Labor and Industry shall consist of the following divisions: Division of Workers' Compensation, Division of Construction Codes and Licensing, Division of Occupational Safety and Health, Division of Statistics, Division of Labor Standards, and Division of Apprenticeship, and such other divisions as the commissioner of the Department of Labor and Industry may deem necessary and establish. Each division of the department and persons in charge thereof shall be subject to the supervision of the commissioner of the Department of Labor and Industry and, in addition to such duties as are or may be imposed on them by statute, shall perform such other duties as may be assigned to them by the commissioner. Notwithstanding any other law to the contrary, the commissioner is the administrator and supervisor of all of the department's dispute resolution functions and personnel and may delegate authority to compensation judges and others to make determinations under sections 176.106, 176.238, and 176.239 and to approve settlement of claims under section 176.521.
Sec. 4. Minnesota Statutes 2022, section 177.26, subdivision 1, is amended to read:
Subdivision 1. Creation. The Division of Labor Standards and
Apprenticeship in the Department of Labor and Industry is supervised and
controlled by the commissioner of labor and industry.
Sec. 5. Minnesota Statutes 2022, section 177.26, subdivision 2, is amended to read:
Subd. 2. Powers
and duties. The Division of Labor
Standards and Apprenticeship shall administer this chapter and chapters 178,
181, 181A, and 184.
Sec. 6. Minnesota Statutes 2022, section 177.27, subdivision 4, as amended by Laws 2023, chapter 30, section 1, is amended to read:
Subd. 4. Compliance orders. The commissioner may issue an order requiring an employer to comply with sections 177.21 to 177.435, 179.86, 181.02, 181.03, 181.031, 181.032, 181.101, 181.11, 181.13, 181.14, 181.145, 181.15, 181.172, paragraph (a) or (d), 181.214 to 181.217, 181.275, subdivision 2a, 181.635, 181.722, 181.79, 181.85 to 181.89, 181.939 to 181.943, and 181.987, or with any rule promulgated under section 177.28, 181.213, or 181.215. The commissioner shall issue an order requiring an employer to comply with sections 177.41 to 177.435 or 181.987 if the violation is repeated. For purposes of this subdivision only, a violation is repeated if at any time during the two years that preceded the date of violation, the commissioner issued an order to the employer for violation of sections 177.41 to 177.435 or 181.987 and the order is final or the commissioner and the employer have entered into a settlement agreement that required the employer to pay back wages that were required by sections 177.41 to 177.435. The department shall serve the order upon the employer or the employer's authorized representative in person or by certified mail at the employer's place of business. An employer who wishes to contest the order must file written notice of objection to the order with the commissioner within 15 calendar days after being served with the order. A contested case proceeding must then be held in accordance with sections 14.57 to 14.69. If, within 15 calendar days after being served with the order, the employer fails to file a written notice of objection with the commissioner, the order becomes a final order of the commissioner.
Sec. 7. Minnesota Statutes 2022, section 178.01, is amended to read:
178.01 PURPOSES.
The purposes of this chapter
are: to open to all people regardless of
race, sex, creed, color or national origin, the opportunity to obtain training
and on-the-job learning that will equip them for profitable employment and
citizenship; to establish as a means to this end, a program of voluntary
apprenticeship under approved apprenticeship agreements providing facilities
for their training and guidance in the arts, skills, and crafts of industry and
trade or occupation, with concurrent, supplementary instruction in related
subjects; to promote apprenticeship opportunities under conditions providing
adequate training and on-the-job learning and reasonable earnings; to relate
the supply of skilled workers to employment demands; to establish standards for
apprentice training; to establish an Apprenticeship Board and apprenticeship
committees to assist in effectuating the purposes of this chapter; to provide
for a Division of Labor Standards and Apprenticeship within the
Department of Labor and Industry; to provide for reports to the legislature regarding
the status of apprentice training in the state; to establish a procedure for
the determination of apprenticeship agreement controversies; and to accomplish
related ends.
Sec. 8. Minnesota Statutes 2022, section 178.011, subdivision 7, is amended to read:
Subd. 7. Division. "Division" means the
department's Labor Standards and Apprenticeship Division, established
under sections 175.16 and 178.03, and the State Apprenticeship Agency as
defined in Code of Federal Regulations, title 29, part 29, section 29.2.
Sec. 9. Minnesota Statutes 2022, section 178.03, subdivision 1, is amended to read:
Subdivision 1. Establishment
of division. There is established a
Division of Labor Standards and Apprenticeship in the Department of
Labor and Industry. This division shall
be administered by a director, and be under the supervision of the
commissioner.
Sec. 10. Minnesota Statutes 2022, section 178.11, is amended to read:
178.11 LABOR EDUCATION ADVANCEMENT GRANT PROGRAM.
The commissioner shall
establish the labor education advancement grant program for the purpose of
facilitating the participation or retention of minorities people
of color, Indigenous people, and women in apprenticeable trades and
occupations registered apprenticeship programs. The commissioner shall award grants to
community-based and nonprofit organizations and Minnesota Tribal
governments as defined in section 10.65, serving the targeted populations
on a competitive request-for-proposal basis.
Interested organizations shall apply for the grants in a form prescribed
by the commissioner. As part of the
application process, applicants must provide a statement of need for the grant,
a description of the targeted population and apprenticeship opportunities, a
description of activities to be funded by the grant, evidence supporting the
ability to deliver services, information related to coordinating grant
activities with other employment and learning programs, identification of
matching funds, a budget, and performance objectives. Each submitted application shall be evaluated
for completeness and effectiveness of the proposed grant activity.
Sec. 11. Minnesota Statutes 2022, section 179A.10, subdivision 2, is amended to read:
Subd. 2. State
employees. (a) Unclassified
employees, unless otherwise excluded, are included within the units which
include the classifications to which they are assigned for purposes of
compensation. Supervisory employees
shall only be assigned to units 12, and 16, and 18. The following are the appropriate units of
executive branch state employees:
(1) law enforcement unit;
(2) craft, maintenance, and labor unit;
(3) service unit;
(4) health care nonprofessional unit;
(5) health care professional unit;
(6) clerical and office unit;
(7) technical unit;
(8) correctional guards unit;
(9) state university instructional unit;
(10) state college instructional unit;
(11) state university administrative unit;
(12) professional engineering unit;
(13) health treatment unit;
(14) general professional unit;
(15) professional state residential instructional unit;
(16) supervisory employees unit;
(17) public safety radio
communications operator unit; and
(18) law enforcement
supervisors unit. licensed peace
officer special unit; and
(19) licensed peace
officer leader unit.
Each unit consists of the classifications or positions assigned to it in the schedule of state employee job classification and positions maintained by the commissioner. The commissioner may only make changes in the schedule in existence on the day prior to August 1, 1984, as required by law or as provided in subdivision 4.
(b) The following
positions are included in the licensed peace officer special unit:
(1) State Patrol
lieutenant;
(2) NR district
supervisor - enforcement;
(3) assistant special
agent in charge;
(4) corrections
investigation assistant director 2;
(5) corrections
investigation supervisor; and
(6) commerce supervisor
special agent.
(c) The following positions
are included in the licensed peace officer leader unit:
(1) State Patrol
captain;
(2) NR program manager 2
enforcement; and
(3) special agent in
charge.
EFFECTIVE DATE. This
section is effective the day following final enactment.
Sec. 12. [181.536]
POSTING OF VETERANS' BENEFITS AND SERVICES.
Subdivision 1. Poster
creation; content. (a) The
commissioner shall consult with the commissioner of veterans affairs to create
and distribute a veterans' benefits and services poster.
(b) The poster must, at
a minimum, include information regarding the following benefits and services
available to veterans:
(1) contact and website
information for the Department of Veterans Affairs and the department's
veterans' services program;
(2) substance use
disorder and mental health treatment;
(3) educational, workforce, and
training resources;
(4) tax benefits;
(5) Minnesota state
veteran drivers' licenses and state identification cards;
(6) eligibility for
unemployment insurance benefits under state and federal law;
(7) legal services; and
(8) contact information
for the U.S. Department of Veterans Affairs Veterans Crisis Line.
(c) The commissioner must
annually review the poster's content and update the poster to include the most
current information available.
Subd. 2. Mandatory
posting. Every employer in
the state with more than 50 full-time equivalent employees shall display the
poster created pursuant to this section in a conspicuous place accessible to
employees in the workplace.
EFFECTIVE DATE. This
section is effective January 1, 2024.
Sec. 13. Minnesota Statutes 2022, section 181.9435, subdivision 1, is amended to read:
Subdivision 1. Investigation. The Division of Labor Standards and
Apprenticeship shall receive complaints of employees against employers
relating to sections 181.172, paragraph (a) or (d), and 181.939 to 181.9436 and
investigate informally whether an employer may be in violation of sections
181.172, paragraph (a) or (d), and 181.939 to 181.9436. The division shall attempt to resolve
employee complaints by informing employees and employers of the provisions of
the law and directing employers to comply with the law. For complaints related to section 181.939,
the division must contact the employer within two business days and investigate
the complaint within ten days of receipt of the complaint.
Sec. 14. Minnesota Statutes 2022, section 181.9436, is amended to read:
181.9436 POSTING OF LAW.
The Division of Labor
Standards and Apprenticeship shall develop, with the assistance of
interested business and community organizations, an educational poster stating
employees' rights under sections 181.940 to 181.9436. The department shall make the poster
available, upon request, to employers for posting on the employer's premises.
Sec. 15. Minnesota Statutes 2022, section 182.666, subdivision 1, is amended to read:
Subdivision 1. Willful
or repeated violations. Any employer
who willfully or repeatedly violates the requirements of section 182.653, or
any standard, rule, or order adopted under the authority of the commissioner as
provided in this chapter, may be assessed a fine not to exceed $70,000 $156,259
for each violation. The minimum fine for
a willful violation is $5,000 $11,162.
Sec. 16. Minnesota Statutes 2022, section 182.666, subdivision 2, is amended to read:
Subd. 2. Serious
violations. Any employer who has
received a citation for a serious violation of its duties under section
182.653, or any standard, rule, or order adopted under the authority of the
commissioner as provided in this chapter, shall be assessed a fine not to
exceed $7,000 $15,625 for each violation. If a serious violation under section 182.653,
subdivision 2, causes or contributes to the death of an employee, the employer
shall be assessed a fine of up to $25,000 for each violation.
Sec. 17. Minnesota Statutes 2022, section 182.666, subdivision 3, is amended to read:
Subd. 3. Nonserious
violations. Any employer who has
received a citation for a violation of its duties under section 182.653,
subdivisions 2 to 4, where the violation is specifically determined not to be
of a serious nature as provided in section 182.651, subdivision 12, may be
assessed a fine of up to $7,000 $15,625 for each violation.
Sec. 18. Minnesota Statutes 2022, section 182.666, subdivision 4, is amended to read:
Subd. 4. Failure
to correct a violation. Any employer
who fails to correct a violation for which a citation has been issued under
section 182.66 within the period permitted for its correction, which period
shall not begin to run until the date of the final order of the commissioner in
the case of any review proceedings under this chapter initiated by the employer
in good faith and not solely for delay or avoidance of penalties, may be
assessed a fine of not more than $7,000 $15,625 for each day
during which the failure or violation continues.
Sec. 19. Minnesota Statutes 2022, section 182.666, subdivision 5, is amended to read:
Subd. 5. Posting
violations. Any employer who
violates any of the posting requirements, as prescribed under this chapter,
except those prescribed under section 182.661, subdivision 3a, shall be
assessed a fine of up to $7,000 $15,625 for each violation.
Sec. 20. Minnesota Statutes 2022, section 182.666, is amended by adding a subdivision to read:
Subd. 6a. Increases
for inflation. (a) The
commissioner shall increase the fines in subdivisions 1 to 5, except for the
fine for a serious violation under section 182.653, subdivision 2, that causes
or contributes to the death of an employee, to the amounts of the corresponding
federal penalties for the specified violations promulgated in United States
Code, title 29, section 666, subsections (a) and (b), as amended through
November 5, 1990, and adjusted according to United States Code, title 28,
section 2461, note (Federal Civil Penalties Inflation Adjustment), as amended
through November 2, 2015. A maximum fine
shall not be reduced under this subdivision.
The fines shall be increased to the nearest one dollar.
(b) A fine increased
under this subdivision takes effect on the next October 1 after any increases
to the corresponding federal penalties and applies to all fines assessed on or
after October 1.
(c) No later than September
1 of each year, the commissioner shall give notice in the State Register of any
increases to the corresponding federal penalties and the resulting increase to
the fines in subdivisions 1 to 5.
Sec. 21. [182.677]
ERGONOMICS.
Subdivision 1. Definitions. (a) For purposes of this section, the
definitions in this subdivision apply unless otherwise specified.
(b) "Health care
facility" means a hospital with a North American Industrial Classification
system code of 622110, 622210, or 622310; an outpatient surgical center with a
North American Industrial Classification system code of 621493; and a nursing
home with a North American Industrial Classification system code of 623110.
(c) "Warehouse
distribution center" means an employer with 100 or more employees in
Minnesota and a North American Industrial Classification system code of 493110,
423110 to 423990, 424110 to 424990, 454110, or 492110.
(d) "Meatpacking
site" means a meatpacking or poultry processing site with 100 or more
employees in Minnesota and a North American Industrial Classification system
code of 311611 to 311615, except 311613.
(e) "Musculoskeletal
disorder" or "MSD" means a disorder of the muscles, nerves,
tendons, ligaments, joints, cartilage, blood vessels, or spinal discs.
Subd. 2. Ergonomics
program required. (a) Every
licensed health care facility, warehouse distribution center, or meatpacking
site in the state shall create and implement an effective written ergonomics
program establishing the employer's plan to minimize the risk of its employees
developing or aggravating musculoskeletal disorders. The ergonomics program shall focus on
eliminating the risk. To the extent risk
exists, the ergonomics program must include feasible administrative or
engineering controls to reduce the risk.
(b) The program shall
include:
(1) an assessment to identify and reduce musculoskeletal disorder risk factors in the facility;
(2) an initial and
ongoing training of employees on ergonomics and its benefits, including the
importance of reporting early symptoms of musculoskeletal disorders;
(3) a procedure to ensure
early reporting of musculoskeletal disorders to prevent or reduce the
progression of symptoms, the development of serious injuries, and lost-time
claims;
(4) a process for employees
to provide possible solutions that may be implemented to reduce, control, or
eliminate workplace musculoskeletal disorders;
(5) procedures to ensure
that physical plant modifications and major construction projects are
consistent with program goals; and
(6) annual evaluations of
the ergonomics program and whenever a change to the work process occurs.
Subd. 3. Annual
evaluation of program required. There
must be an established procedure to annually assess the effectiveness of the
ergonomics program, including evaluation of the process to mitigate
work-related risk factors in response to reporting of symptoms of
musculoskeletal disorders by employees. The
annual assessment shall determine the success of the implemented ergonomic
solutions and whether goals set by the ergonomics program have been met.
Subd. 4. Employee
training. (a) An employer
subject to this section must train all employees on the following:
(1) the name of each individual on the employer's safety committee;
(2) the facility's
ergonomic program;
(3) the early signs and
symptoms of musculoskeletal injuries and the procedures for reporting them;
(4) the procedures for
reporting injuries and other hazards;
(5) any administrative or
engineering controls related to ergonomic hazards that are in place or will be
implemented for their positions; and
(6) the requirements of
subdivision 9.
(b) New employees must be
trained according to paragraph (a) prior to starting work. Current employees must receive initial
training and ongoing annual training in accordance with the employer's
ergonomics program. The employer must
provide the training during working hours and compensate the employee for
attending the training at the employee's standard rate of pay. All training must be in a language and with
vocabulary that the employee can understand.
(c) Updates to the information
conveyed in the training shall be communicated to employees as soon as
practicable.
Subd. 5. Involvement
of employees. Employers
subject to this section must solicit feedback for its ergonomics program
through its safety committee required by section 182.676, in addition to any
other opportunities for employee participation the employer may provide. The safety committee must be directly
involved in ergonomics worksite assessments and participate in the annual
evaluation required by subdivision 3.
Subd. 6. Workplace
program or AWAIR. An employer
subject to this section must reference its ergonomics program in a written
Workplace Accident and Injury Reduction (AWAIR) program required by section
182.653, subdivision 8.
Subd. 7. Recordkeeping. An employer subject to this section
must maintain:
(1) a written
certification dated and signed by each person who provides training and
containing the name and job title of each employee who receives training
pursuant to this section. The
certifications must include the date training was conducted. The certification completed by the training
providers must state that the employer has provided training consistent with
the requirements of this section and include a brief summary or outline of the
information that was included in the training session;
(2) a record of all
worker visits to on-site medical or first aid personnel for the last five
years, regardless of severity or type of illness or injury; and
(3) a record of all
musculoskeletal disorders suffered by employees for the last five years.
Subd. 8. Availability
of records. (a) The employer
must ensure that the certification records required by subdivision 7, clause
(1), are up to date and available to the commissioner, employees, and
authorized employee representatives, if any, upon request.
(b) Upon the request of
the commissioner, an employee who is a member of the facility's safety
committee, or an authorized employee representative, the employer must provide
the requestor a redacted version of the medical or first aid records and
records of all musculoskeletal disorders.
The name, contact information, and occupation of an employee, and any
other information that would reveal the identity of an employee, must be
removed in the redacted version. The
redacted version must only include, to the extent it would not reveal the
identity of an employee, the location where the employee worked, the date of
the injury or visit, a description of the medical treatment or first aid
provided, and a description of the injury suffered.
(c) The employer must
also make available to the commissioner and the employee who is the subject of
the records the unredacted medical or first aid records and unredacted records
of musculoskeletal disorders required by subdivision 7, clause (2), upon request.
Subd. 9. Reporting
encouraged. Any employer
subject to this section must not institute or maintain any program, policy, or
practice that discourages employees from reporting injuries, hazards, or safety
and health standard violations, including ergonomic-related hazards and
symptoms of musculoskeletal disorders.
Subd. 10. Training
materials. The commissioner
shall make training materials on implementation of this section available to
all employers, upon request, at no cost as part of the duties of the
commissioner under section 182.673.
Subd. 11. Enforcement. This section shall be enforced by the
commissioner under sections 182.66 and 182.661.
A violation of this section is subject to the penalties provided under
section 182.666.
Subd. 12. Grant
program. (a) The commissioner
shall establish an ergonomics grant program to provide matching funding for
employers who are subject to this section to make ergonomic improvements
recommended by an on-site safety survey.
Minnesota Rules, chapter 5203, applies to the administration of the
grant program.
(b) To be eligible for a
grant under this section, an employer must:
(1) be a licensed health
care facility, warehouse distribution center, or meatpacking site as defined by
subdivision 1;
(2) have current
workers' compensation insurance provided through the assigned risk plan,
provided by an insurer subject to penalties under chapter 176, or as an
approved self-insured employer; and
(3) have an on-site
safety survey with results that recommend specific equipment or practices that
will reduce the risk of injury or illness to employees and prevent
musculoskeletal disorders. This survey
must have been conducted by a Minnesota occupational safety and health
compliance investigator or workplace safety consultant, an in-house safety and
health committee, a workers' compensation insurance underwriter, a private
consultant, or a person under contract with the assigned risk plan.
(c) Grant funds may be
used for all or part of the cost of the following:
(1) purchasing and
installing recommended equipment intended to prevent musculoskeletal disorders;
(2) operating or
maintaining recommended equipment intended to prevent musculoskeletal
disorders;
(3) property, if the
property is necessary to meet the recommendations of the on-site safety survey
that are related to prevention of musculoskeletal disorders;
(4) training required to
operate recommended safety equipment to prevent musculoskeletal disorders; and
(5) tuition
reimbursement for educational costs related to identifying ergonomic-related
issues that are related to the recommendations of the on-site safety survey.
(d) The commissioner
shall evaluate applications, submitted on forms developed by the commissioner,
based on whether the proposed project:
(1) is technically and
economically feasible;
(2) is consistent with
the recommendations of the on-site safety survey and the objective of reducing
risk of injury or illness to employees and preventing musculoskeletal
disorders;
(3) was submitted by an
applicant with sufficient experience, knowledge, and commitment for the project
to be implemented in a timely manner;
(4) has the necessary
financial commitments to cover all project costs;
(5) has the support of
all public entities necessary for its completion; and
(6) complies with
federal, state, and local regulations.
(e) Grants under this section
shall provide a match of up to $10,000 for private funds committed by the
employer to implement the recommended ergonomics-related equipment or
practices.
(f) Grants will be awarded to
all applicants that meet the eligibility and evaluation criteria under
paragraphs (b), (c), and (d) until funding is depleted. If there are more eligible requests than
funding, awards will be prorated.
(g) Grant recipients are
not eligible to apply for another grant under chapter 176 until two years after
the date of the award.
Subd. 13. Standard
development. The commissioner
may propose an ergonomics standard using the authority provided in section
182.655.
EFFECTIVE DATE. This
section is effective January 1, 2024, except subdivisions 9 and 12 are
effective July 1, 2023.
Sec. 22. Minnesota Statutes 2022, section 326B.092, subdivision 6, is amended to read:
Subd. 6. Fees nonrefundable. Application and examination fees, license fees, license renewal fees, and late fees are nonrefundable except for:
(1) license renewal fees received more than two years after expiration of the license, as described in section 326B.094, subdivision 2;
(2) any overpayment of fees; and
(3) if the license is not issued or renewed, the contractor recovery fund fee and any additional assessment paid under subdivision 7, paragraph (e).
Sec. 23. Minnesota Statutes 2022, section 326B.096, is amended to read:
326B.096 REINSTATEMENT OF LICENSES.
Subdivision 1. Reinstatement after revocation. (a) If a license is revoked under this chapter and if an applicant for a license needs to pass an examination administered by the commissioner before becoming licensed, then, in order to have the license reinstated, the person who holds the revoked license must:
(1) retake the examination and achieve a passing score; and
(2) meet all other requirements for an initial license, including payment of the application and examination fee and the license fee. The person holding the revoked license is not eligible for Minnesota licensure without examination based on reciprocity.
(b) If a license is revoked under a chapter other than this chapter, then, in order to have the license reinstated, the person who holds the revoked license must:
(1) apply for reinstatement to the commissioner no later than two years after the effective date of the revocation;
(2) pay a $100 $50
reinstatement application fee and any applicable renewal license fee; and
(3) meet all applicable requirements for licensure, except that, unless required by the order revoking the license, the applicant does not need to retake any examination and does not need to repay a license fee that was paid before the revocation.
Subd. 2. Reinstatement after suspension. If a license is suspended, then, in order to have the license reinstated, the person who holds the suspended license must:
(1) apply for reinstatement to the commissioner no later than two years after the completion of the suspension period;
(2) pay a $100 $50
reinstatement application fee and any applicable renewal license fee; and
(3) meet all applicable requirements for licensure, except that, unless required by the order suspending the license, the applicant does not need to retake any examination and does not need to repay a license fee that was paid before the suspension.
Subd. 3. Reinstatement after voluntary termination. A licensee who is not an individual may voluntarily terminate a license issued to the person under this chapter. If a licensee has voluntarily terminated a license under this subdivision, then, in order to have the license reinstated, the person who holds the terminated license must:
(1) apply for reinstatement to the commissioner no later than the date that the license would have expired if it had not been terminated;
(2) pay a $100 $25
reinstatement application fee and any applicable renewal license fee; and
(3) meet all applicable requirements for licensure, except that the applicant does not need to repay a license fee that was paid before the termination.
Sec. 24. Minnesota Statutes 2022, section 326B.103, is amended by adding a subdivision to read:
Subd. 6a. Electric
vehicle capable space. "Electric
vehicle capable space" means a designated automobile parking space that
has electrical infrastructure, including but not limited to raceways, cables,
electrical capacity, and panelboard or other electrical distribution space
necessary for the future installation of an electric vehicle charging station.
Sec. 25. Minnesota Statutes 2022, section 326B.103, is amended by adding a subdivision to read:
Subd. 6b. Electric
vehicle charging station. "Electric
vehicle charging station" means a designated automobile parking space that
has a dedicated connection for charging an electric vehicle.
Sec. 26. Minnesota Statutes 2022, section 326B.103, is amended by adding a subdivision to read:
Subd. 6c. Electric
vehicle ready space. "Electric
vehicle ready space" means a designated automobile parking space that has
a branch circuit capable of supporting the installation of an electric vehicle
charging station.
Sec. 27. Minnesota Statutes 2022, section 326B.103, is amended by adding a subdivision to read:
Subd. 10a. Parking
facilities. "Parking
facilities" includes parking lots, garages, ramps, or decks.
Sec. 28. Minnesota Statutes 2022, section 326B.103, subdivision 13, is amended to read:
Subd. 13. State licensed facility. "State licensed facility" means a building and its grounds that are licensed by the state as a hospital, nursing home, supervised living facility, assisted living facility, including assisted living facility with dementia care, free-standing outpatient surgical center, correctional facility, boarding care home, or residential hospice.
EFFECTIVE DATE. This
section is effective August 1, 2023.
Sec. 29. Minnesota Statutes 2022, section 326B.106, subdivision 1, is amended to read:
Subdivision 1. Adoption of code. (a) Subject to paragraphs (c) and (d) and sections 326B.101 to 326B.194, the commissioner shall by rule and in consultation with the Construction Codes Advisory Council establish a code of standards for the construction, reconstruction, alteration, and repair of buildings, governing matters of structural materials, design and construction, fire protection, health, sanitation, and safety, including design and construction standards regarding heat loss control, illumination, and climate control. The code must also include duties and responsibilities for code administration, including procedures for administrative action, penalties, and suspension and revocation of certification. The code must conform insofar as practicable to model building codes generally accepted and in use throughout the United States, including a code for building conservation. In the preparation of the code, consideration must be given to the existing statewide specialty codes presently in use in the state. Model codes with necessary modifications and statewide specialty codes may be adopted by reference. The code must be based on the application of scientific principles, approved tests, and professional judgment. To the extent possible, the code must be adopted in terms of desired results instead of the means of achieving those results, avoiding wherever possible the incorporation of specifications of particular methods or materials. To that end the code must encourage the use of new methods and new materials. Except as otherwise provided in sections 326B.101 to 326B.194, the commissioner shall administer and enforce the provisions of those sections.
(b) The commissioner shall develop rules addressing the plan review fee assessed to similar buildings without significant modifications including provisions for use of building systems as specified in the industrial/modular program specified in section 326B.194. Additional plan review fees associated with similar plans must be based on costs commensurate with the direct and indirect costs of the service.
(c) Beginning with the 2018 edition of the model building codes and every six years thereafter, the commissioner shall review the new model building codes and adopt the model codes as amended for use in Minnesota, within two years of the published edition date. The commissioner may adopt amendments to the building codes prior to the adoption of the new building codes to advance construction methods, technology, or materials, or, where necessary to protect the health, safety, and welfare of the public, or to improve the efficiency or the use of a building.
(d) Notwithstanding paragraph (c), the commissioner shall act on each new model residential energy code and the new model commercial energy code in accordance with federal law for which the United States Department of Energy has issued an affirmative determination in compliance with United States Code, title 42, section 6833. The commissioner may adopt amendments prior to adoption of the new energy codes, as amended for use in Minnesota, to advance construction methods, technology, or materials, or, where necessary to protect the health, safety, and welfare of the public, or to improve the efficiency or use of a building.
(e) Beginning in 2024, the commissioner shall act on the new model commercial energy code by adopting each new published edition of ASHRAE 90.1 or a more efficient standard. The commercial energy code in effect in 2036 and thereafter must achieve an 80 percent reduction in annual net energy consumption or greater, using the ASHRAE 90.1-2004 as a baseline. The commissioner shall adopt commercial energy codes from 2024 to 2036 that incrementally move toward achieving the 80 percent reduction in annual net energy consumption. By January 15 of the year following each new code adoption, the commissioner shall make a report on progress under this section to the legislative committees with jurisdiction over the energy code.
(f) Nothing in this
section shall be interpreted to limit the ability of a public utility to offer
code support programs, or to claim energy savings resulting from such programs,
through its energy conservation and optimization plans approved by the commissioner
of commerce under section 216B.241 or an energy conservation and optimization
plan filed by a consumer-owned utility under section 216B.2403.
Sec. 30. Minnesota Statutes 2022, section 326B.106, subdivision 4, is amended to read:
Subd. 4. Special requirements. (a) Space for commuter vans. The code must require that any parking ramp or other parking facility constructed in accordance with the code include an appropriate number of spaces suitable for the parking of motor vehicles having a capacity of seven to 16 persons and which are principally used to provide prearranged commuter transportation of employees to or from their place of employment or to or from a transit stop authorized by a local transit authority.
(b) Smoke detection devices. The code must require that all dwellings, lodging houses, apartment houses, and hotels as defined in section 299F.362 comply with the provisions of section 299F.362.
(c) Doors in nursing homes and hospitals. The State Building Code may not require that each door entering a sleeping or patient's room from a corridor in a nursing home or hospital with an approved complete standard automatic fire extinguishing system be constructed or maintained as self-closing or automatically closing.
(d) Child care facilities in churches; ground level exit. A licensed day care center serving fewer than 30 preschool age persons and which is located in a belowground space in a church building is exempt from the State Building Code requirement for a ground level exit when the center has more than two stairways to the ground level and its exit.
(e) Family and group family day care. Until the legislature enacts legislation specifying appropriate standards, the definition of dwellings constructed in accordance with the International Residential Code as adopted as part of the State Building Code applies to family and group family day care homes licensed by the Department of Human Services under Minnesota Rules, chapter 9502.
(f) Enclosed stairways. No provision of the code or any appendix chapter of the code may require stairways of existing multiple dwelling buildings of two stories or less to be enclosed.
(g) Double cylinder dead bolt locks. No provision of the code or appendix chapter of the code may prohibit double cylinder dead bolt locks in existing single-family homes, townhouses, and first floor duplexes used exclusively as a residential dwelling. Any recommendation or promotion of double cylinder dead bolt locks must include a warning about their potential fire danger and procedures to minimize the danger.
(h) Relocated residential buildings. A residential building relocated within or into a political subdivision of the state need not comply with the State Energy Code or section 326B.439 provided that, where available, an energy audit is conducted on the relocated building.
(i) Automatic garage door opening systems. The code must require all residential buildings as defined in section 325F.82 to comply with the provisions of sections 325F.82 and 325F.83.
(j) Exterior wood decks, patios, and balconies. The code must permit the decking surface and upper portions of exterior wood decks, patios, and balconies to be constructed of (1) heartwood from species of wood having natural resistance to decay or termites, including redwood and cedars, (2) grades of lumber which contain sapwood from species of wood having natural resistance to decay or termites, including redwood and cedars, or (3) treated wood. The species and grades of wood products used to construct the decking surface and upper portions of exterior decks, patios, and balconies must be made available to the building official on request before final construction approval.
(k) Bioprocess piping and equipment. No permit fee for bioprocess piping may be imposed by municipalities under the State Building Code, except as required under section 326B.92 subdivision 1. Permits for bioprocess piping shall be according to section 326B.92 administered by the Department of Labor and Industry. All data regarding the material production processes, including the bioprocess system's structural design and layout, are nonpublic data as provided by section 13.7911.
(l) Use of ungraded lumber. The code must allow the use of ungraded lumber in geographic areas of the state where the code did not generally apply as of April 1, 2008, to the same extent that ungraded lumber could be used in that area before April 1, 2008.
(m) Window cleaning safety. The
code must require the installation of dedicated anchorages for the purpose of
suspended window cleaning on (1) new buildings four stories or greater; and (2)
buildings four stories or greater, only on those areas undergoing
reconstruction, alteration, or repair that includes the exposure of primary
structural components of the roof. The
commissioner shall adopt rules, using the expedited rulemaking process in
section 14.389, requiring window cleaning safety features that comply with a
nationally recognized standard as part of the State Building Code. Window cleaning safety features shall be
provided for all windows on:
(1) new buildings where
determined by the code; and
(2) existing buildings
undergoing alterations where both of the following conditions are met:
(i) the windows do not
currently have safe window cleaning features; and
(ii) the proposed work
area being altered can include provisions for safe window cleaning.
The commissioner may
waive all or a portion of the requirements of this paragraph related to
reconstruction, alteration, or repair, if the installation of dedicated
anchorages would not result in significant safety improvements due to limits on
the size of the project, or other factors as determined by the commissioner.
(n) Adult-size changing facilities. The commissioner shall adopt rules
requiring adult-size changing facilities as part of the State Building Code.
EFFECTIVE DATE. This
section is effective the day following final enactment.
Sec. 31. Minnesota Statutes 2022, section 326B.106, is amended by adding a subdivision to read:
Subd. 16. Electric
vehicle charging. The code
shall require a minimum number of electric vehicle ready spaces, electric
vehicle capable spaces, and electric vehicle charging stations either within or
adjacent to new commercial and multifamily structures that provide on-site
parking facilities. Residential
structures with fewer than four dwelling units are exempt from this
subdivision.
Sec. 32. Minnesota Statutes 2022, section 326B.802, subdivision 15, is amended to read:
Subd. 15. Special skill. "Special skill" means one of the following eight categories:
(a) Excavation. Excavation includes work in any of the following areas:
(1) excavation;
(2) trenching;
(3) grading; and
(4) site grading.
(b) Masonry and concrete. Masonry and concrete includes work in any of the following areas:
(1) drain systems;
(2) poured walls;
(3) slabs and poured-in-place footings;
(4) masonry walls;
(5) masonry fireplaces;
(6) masonry veneer; and
(7) water resistance and waterproofing.
(c) Carpentry. Carpentry includes work in any of the following areas:
(1) rough framing;
(2) finish carpentry;
(3) doors, windows, and skylights;
(4) porches and decks, excluding footings;
(5) wood foundations; and
(6) drywall installation, excluding taping and finishing.
(d) Interior finishing. Interior finishing includes work in any of the following areas:
(1) floor covering;
(2) wood floors;
(3) cabinet and counter top installation;
(4) insulation and vapor barriers;
(5) interior or exterior painting;
(6) ceramic, marble, and quarry tile;
(7) ornamental guardrail and installation of prefabricated stairs; and
(8) wallpapering.
(e) Exterior finishing. Exterior finishing includes work in any of the following areas:
(1) siding;
(2) soffit, fascia, and trim;
(3) exterior plaster and stucco;
(4) painting; and
(5) rain carrying systems, including gutters and down spouts.
(f) Drywall and plaster. Drywall and plaster includes work in any of the following areas:
(1) installation;
(2) taping;
(3) finishing;
(4) interior plaster;
(5) painting; and
(6) wallpapering.
(g) Residential roofing. Residential roofing includes work in any of the following areas:
(1) roof coverings;
(2) roof sheathing;
(3) roof weatherproofing and
insulation; and
(4) repair of roof support
system, but not construction of new roof support system; and
(5) penetration of roof coverings for purposes of attaching a solar photovoltaic system.
(h) General installation specialties. Installation includes work in any of the following areas:
(1) garage doors and openers;
(2) pools, spas, and hot tubs;
(3) fireplaces and wood stoves;
(4) asphalt paving and seal
coating; and
(5) ornamental guardrail and
prefabricated stairs; and
(6) assembly of the support system for a solar photovoltaic system.
Sec. 33. RULEMAKING
AUTHORITY.
The commissioner of
labor and industry shall adopt rules, using the expedited rulemaking process in
Minnesota Statutes, section 14.389, that set forth adult-size changing
facilities to conform with the addition of Minnesota Statutes, section
326B.106, subdivision 4, paragraph (n), under this act.
EFFECTIVE DATE. This
section is effective the day following final enactment.
Sec. 34. REPEALER.
Minnesota Statutes 2022,
section 177.26, subdivision 3, is repealed.
ARTICLE 2
AGRICULTURE AND FOOD PROCESSING WORKERS
Section 1. Minnesota Statutes 2022, section 179.86, subdivision 1, is amended to read:
Subdivision 1. Definition. For the purpose of this section, "employer" means an employer in the meatpacking or poultry processing industry.
Sec. 2. Minnesota Statutes 2022, section 179.86, subdivision 3, is amended to read:
Subd. 3. Information
provided to employee by employer. (a)
At the start of employment, an employer must provide an explanation in
an employee's native language of the employee's rights and duties as an
employee either both person to person or and
through written materials that, at a minimum, include:
(1) a complete description of the salary and benefits plans as they relate to the employee;
(2) a job description for the employee's position;
(3) a description of leave policies;
(4) a description of the work
hours and work hours policy; and
(5) a description of the
occupational hazards known to exist for the position.; and
(6) when workers'
compensation insurance coverage is required by chapter 176, the name of the
employer's workers' compensation insurance carrier, the carrier's phone number,
and the insurance policy number.
(b) The explanation must also include information on the following employee rights as protected by state or federal law and a description of where additional information about those rights may be obtained:
(1) the right to organize and bargain collectively and refrain from organizing and bargaining collectively;
(2) the right to a safe
workplace; and
(3) the right to be free from
discrimination.; and
(4) the right to workers'
compensation insurance coverage.
(c) The Department of Labor and
Industry shall provide a standard explanation form for use at the employer's
option for providing the information required in this subdivision. The form shall be available in English and
Spanish and additional languages upon request.
(d) The requirements under
this subdivision are in addition to the requirements under section 181.032.
Sec. 3. Minnesota Statutes 2022, section 179.86, is amended by adding a subdivision to read:
Subd. 5. Civil
action. An employee injured
by a violation of this section has a cause of action for damages for the
greater of $1,000 per violation or twice the employee's actual damages, plus
costs and reasonable attorney fees. A
damage award shall be the greater of $1,400 or three times actual damages for
an employee injured by an intentional violation of this section.
Sec. 4. Minnesota Statutes 2022, section 179.86, is amended by adding a subdivision to read:
Subd. 6. Fine. The commissioner of labor and industry
shall fine an employer not less than $400 or more than $1,000 for each
violation of subdivision 3. The fine
shall be payable to the employee aggrieved.
Sec. 5. Minnesota Statutes 2022, section 181.14, subdivision 1, is amended to read:
Subdivision 1. Prompt payment required. (a) When any such employee quits or resigns employment, the wages or commissions earned and unpaid at the time the employee quits or resigns shall be paid in full not later than the first regularly scheduled payday following the employee's final day of employment, unless an employee is subject to a collective bargaining agreement with a different provision. Wages are earned and unpaid if the employee was not paid for all time worked at the employee's regular rate of pay or at the rate required by law, including any applicable statute, regulation, rule, ordinance, government resolution or policy, contract, or other legal authority, whichever rate of pay is greater. If the first regularly scheduled payday is less than five calendar days following the employee's final day of employment, full payment may be delayed until the second regularly scheduled payday but shall not exceed a total of 20 calendar days following the employee's final day of employment.
(b) Notwithstanding the
provisions of paragraph (a), in the case of migrant workers, as defined in
section 181.85, the wages or commissions earned and unpaid at the time the
employee quits or resigns shall become due and payable within five three
days thereafter.
Sec. 6. Minnesota Statutes 2022, section 181.635, subdivision 1, is amended to read:
Subdivision 1. Definitions. The definitions in this subdivision apply to this section.
(a) "Employer" means a person who employs another to perform a service for hire. Employer includes any agent or attorney of an employer who, for money or other valuable consideration paid or promised to be paid, performs any recruiting.
(b) "Person" means a corporation, partnership, limited liability company, limited liability partnership, association, individual, or group of persons.
(c) "Recruits" means to induce an individual, directly or through an agent, to relocate to Minnesota or within Minnesota to work in food processing by an offer of employment or of the possibility of employment.
(d) "Food processing" means canning, packing, or otherwise processing poultry or meat for consumption.
(e) "Terms and conditions of employment" means the following:
(1) nature of the work to be performed;
(2) wage rate, nature and amount of deductions for tools, clothing, supplies, or other items;
(3) anticipated hours of work per week, including overtime;
(4) anticipated slowdown or shutdown or if hours of work per week vary more than 25 percent from clause (3);
(5) duration of the work;
(6) workers' compensation coverage and name, address, and telephone number of insurer and Department of Labor and Industry;
(7) employee benefits available, including any health plans, sick leave, or paid vacation;
(8) transportation and relocation arrangements with allocation of costs between employer and employee;
(9) availability and description of housing and any costs to employee associated with housing; and
(10) any other item of value offered, and allocation of costs of item between employer and employee.
Sec. 7. Minnesota Statutes 2022, section 181.635, subdivision 2, is amended to read:
Subd. 2. Recruiting;
required disclosure. (a) An
employer shall provide written disclosure of the terms and conditions of
employment to a person at the time it recruits the person to relocate to work
in the food processing industry. The
disclosure requirement does not apply to an exempt employee as defined in
United States Code, title 29, section 213(a)(1). The disclosure must be written in English and
Spanish, or English and another language if the person's preferred language
is not English or Spanish, dated and signed by the employer and the person
recruited, and maintained by the employer for two three years. A copy of the signed and completed disclosure
must be delivered immediately to the recruited person. The disclosure may not be construed as an
employment contract.
(b) The requirements under
this subdivision are in addition to the requirements under section 181.032.
Sec. 8. Minnesota Statutes 2022, section 181.635, subdivision 3, is amended to read:
Subd. 3. Civil
action. A person injured by a
violation of this section has a cause of action for damages for the greater of $500
$1,000 per violation or twice their actual damages, plus costs and
reasonable attorney's fees. A damage
award shall be the greater of $750 $1,400 or three times actual
damages for a person injured by an intentional violation of this section.
Sec. 9. Minnesota Statutes 2022, section 181.635, subdivision 4, is amended to read:
Subd. 4. Fine. The Department of Labor and Industry
shall fine an employer not less than $200 $400 or more than $500
$1,000 for each violation of this section. The fine shall be payable to the employee
aggrieved.
Sec. 10. Minnesota Statutes 2022, section 181.635, subdivision 6, is amended to read:
Subd. 6. Standard disclosure form. The Department of Labor and Industry shall provide a standard form for use at the employer's option in making the disclosure required in subdivision 2. The form shall be available in English and Spanish and additional languages upon request.
Sec. 11. Minnesota Statutes 2022, section 181.85, subdivision 2, is amended to read:
Subd. 2. Agricultural labor. "Agricultural labor" means field labor associated with the cultivation and harvest of fruits and vegetables and work performed in processing fruits and vegetables for market, as well as labor performed in agriculture as defined in Minnesota Rules, part 5200.0260.
Sec. 12. Minnesota Statutes 2022, section 181.85, subdivision 4, is amended to read:
Subd. 4. Employer. "Employer" means a processor
of fruits or vegetables an individual, partnership, association,
corporation, business trust, or any person or group of persons that
employs, either directly or indirectly through
a recruiter, more than 30 one or more migrant workers per day
for more than seven days in any calendar year.
Sec. 13. Minnesota Statutes 2022, section 181.86, subdivision 1, is amended to read:
Subdivision 1. Terms. (a) An employer that recruits a migrant worker shall provide the migrant worker, at the time the worker is recruited, with a written employment statement which shall state clearly and plainly, in English and Spanish, or English and another language if the worker's preferred language is not English or Spanish:
(1) the date on which and the place at which the statement was completed and provided to the migrant worker;
(2) the name and permanent address of the migrant worker, of the employer, and of the recruiter who recruited the migrant worker;
(3) the date on which the migrant worker is to arrive at the place of employment, the date on which employment is to begin, the approximate hours of employment, and the minimum period of employment;
(4) the crops and the operations on which the migrant worker will be employed;
(5) the wage rates to be paid;
(6) the payment terms, as provided in section 181.87;
(7) any deduction to be
made from wages; and
(8) whether housing will be
provided.; and
(9) when workers'
compensation insurance coverage is required by chapter 176, the name of the
employer's workers' compensation insurance carrier, the carrier's phone number,
and the insurance policy number.
(b) The Department of
Labor and Industry shall provide a standard employment statement form for use
at the employer's option for providing the information required in subdivision
1. The form shall be available in
English and Spanish and additional languages upon request.
(c) The requirements under
this subdivision are in addition to the requirements under section 181.032.
Sec. 14. Minnesota Statutes 2022, section 181.87, subdivision 2, is amended to read:
Subd. 2. Biweekly pay. The employer shall pay wages due to the migrant worker at least every two weeks, except on termination, when the employer shall pay within three days unless payment is required sooner pursuant to section 181.13.
Sec. 15. Minnesota Statutes 2022, section 181.87, subdivision 3, is amended to read:
Subd. 3. Guaranteed
hours. The employer shall guarantee
to each recruited migrant worker a minimum of 70 hours pay for work in any
two successive weeks and, should the pay for hours actually offered by the
employer and worked by the migrant worker provide a sum of pay less than the
minimum guarantee, the employer shall pay the migrant worker the difference within
three days after the scheduled payday for the pay period involved. Payment for the guaranteed hours shall be at
the hourly wage rate, if any, specified in the employment statement, or the
federal, state, or local minimum wage, whichever is higher highest. Any pay in addition to the hourly wage rate
specified in the employment statement shall be applied against the guarantee. This guarantee applies for the minimum period
of employment specified in the employment statement beginning with the date on
which employment is to begin as specified in the employment statement. The date on which employment is to begin may
be changed by the employer by written, telephonic, or telegraphic notice to the
migrant worker, at the worker's last known physical address or email
address, no later than ten days prior to the previously stated beginning
date. The migrant worker shall contact
the recruiter to obtain the latest information regarding the date upon which
employment is to begin no later than five days prior to the previously stated
beginning date. This guarantee shall be
reduced, when there is no work available for a period of seven or more
consecutive days during any two-week period subsequent to the commencement of
work, by five hours pay for each such day, when the unavailability of work is
caused by climatic conditions or an act of God, provided that the employer pays
the migrant worker, on the normal payday, the sum of $5 $50 for
each such day.
Sec. 16. Minnesota Statutes 2022, section 181.87, subdivision 7, is amended to read:
Subd. 7. Statement
itemizing deductions from wages. The
employer shall provide a written statement at the time wages are paid clearly
itemizing each deduction from wages. The
written statement shall also comply with all other requirements for an earnings
statement in section 181.032.
Sec. 17. Minnesota Statutes 2022, section 181.88, is amended to read:
181.88 RECORD KEEPING.
Every employer subject to
the provisions of sections 181.85 to 181.90 shall maintain complete and
accurate records of the names of, the daily hours worked by, the rate of pay
for and the wages paid each pay period to for every individual
migrant worker recruited by that employer, as required by section
177.30 and shall preserve the records also maintain the
employment statements required under section 181.86 for a period of at
least three years.
Sec. 18. Minnesota Statutes 2022, section 181.89, subdivision 2, is amended to read:
Subd. 2. Judgment; damages. If the court finds that any defendant has violated the provisions of sections 181.86 to 181.88, the court shall enter judgment for the actual damages incurred by the plaintiff or the appropriate penalty as provided by this subdivision, whichever is greater. The court may also award court costs and a reasonable attorney's fee. The penalties shall be as follows:
(1) whenever the court
finds that an employer has violated the record-keeping requirements of section
181.88, $50 $200;
(2) whenever the court finds
that an employer has recruited a migrant worker without providing a written
employment statement as provided in section 181.86, subdivision 1, $250 $800;
(3) whenever the court finds
that an employer has recruited a migrant worker after having provided a written
employment statement, but finds that the employment statement fails to comply
with the requirement of section 181.86, subdivision 1 or section 181.87, $250
$800;
(4) whenever the court finds
that an employer has failed to comply with the terms of an employment statement
which the employer has provided to a migrant worker or has failed to comply
with any payment term required by section 181.87, $500 $1,600;
(5) whenever the court finds
that an employer has failed to pay wages to a migrant worker within a time
period set forth in section 181.87, subdivision 2 or 3, $500 $1,600;
and
(6) whenever penalties are awarded, they shall be awarded severally in favor of each migrant worker plaintiff and against each defendant found liable.
Sec. 19. Minnesota Statutes 2022, section 181.89, is amended by adding a subdivision to read:
Subd. 3. Enforcement. In addition to any other remedies
available, the commissioner may assess the penalties in subdivision 2 and
provide the penalty to the migrant worker aggrieved by the employer's
noncompliance.
ARTICLE 3
NURSING HOME WORKFORCE STANDARDS
Section 1. TITLE.
Minnesota Statutes,
sections 181.211 to 181.217, shall be known as the "Minnesota Nursing Home
Workforce Standards Board Act."
Sec. 2. Minnesota Statutes 2022, section 177.27, subdivision 7, is amended to read:
Subd. 7. Employer liability. If an employer is found by the commissioner to have violated a section identified in subdivision 4, or any rule adopted under section 177.28, 181.213, or 181.215, and the commissioner issues an order to comply, the commissioner shall order the employer to cease and desist from engaging in the violative practice and to take such affirmative steps that in the judgment of the commissioner will effectuate the purposes of the section or rule violated. The commissioner shall order the employer to pay to the aggrieved parties back pay, gratuities, and compensatory damages, less any amount actually paid to the employee by the employer, and for an additional equal amount as liquidated damages. Any employer who is found by the commissioner to have repeatedly or willfully violated a section or sections identified in subdivision 4 shall be subject to a civil penalty of up to $1,000 for each violation for each employee. In determining the amount of a civil penalty under this subdivision, the appropriateness of such penalty to the size of the employer's business and the gravity of the violation shall be considered. In addition, the commissioner may order the employer to reimburse the department and the attorney general for all appropriate litigation and hearing costs expended in preparation for and in conducting the contested case proceeding, unless payment of costs would impose extreme financial hardship on the employer. If the employer is able to establish extreme financial hardship, then the commissioner may order the employer to pay a percentage of the total costs that will not cause extreme financial hardship. Costs include but are not limited to the costs of services rendered by the attorney general, private attorneys if engaged by the department, administrative law judges, court reporters, and expert witnesses as well as the cost of transcripts. Interest shall accrue on, and be added to, the unpaid balance of a commissioner's order from the date the order is signed by the commissioner until it is paid, at an annual rate provided in section 549.09, subdivision 1, paragraph (c). The commissioner may establish escrow accounts for purposes of distributing damages.
Sec. 3. [181.211]
DEFINITIONS.
Subdivision 1. Application. The terms defined in this section
apply to sections 181.211 to 181.217.
Subd. 2. Board. "Board" means the Minnesota
Nursing Home Workforce Standards Board established under section 181.212.
Subd. 3. Certified
worker organization. "Certified
worker organization" means a worker organization that is certified by the
board to conduct nursing home worker trainings under section 181.214.
Subd. 4. Commissioner. "Commissioner" means the
commissioner of labor and industry.
Subd. 5. Compensation. "Compensation" means all
income and benefits paid by a nursing home employer to a nursing home worker or
on behalf of a nursing home worker, including but not limited to wages,
bonuses, differentials, paid leave, pay for scheduling changes, and pay for
training or occupational certification.
Subd. 6. Employer
organization. "Employer
organization" means:
(1) an organization that
is exempt from federal income taxation under section 501(c)(6) of the Internal
Revenue Code and that represents nursing home employers; or
(2) an entity that
employers, who together employ a majority of nursing home workers in Minnesota,
have selected as a representative.
Subd. 7. Nursing
home. "Nursing
home" means a nursing home licensed under chapter 144A, or a boarding care
home licensed under sections 144.50 to 144.56.
Subd. 8. Nursing
home employer. "Nursing
home employer" means an employer of nursing home workers in a licensed,
Medicaid-certified facility that is reimbursed under chapter 256R.
Subd. 9. Nursing
home worker. "Nursing
home worker" means any worker who provides services in a nursing home in
Minnesota, including direct care staff, non-direct care staff, and contractors,
but excluding administrative staff, medical directors, nursing directors,
physicians, and individuals employed by a supplemental nursing services agency.
Subd. 10. Worker
organization. "Worker
organization" means an organization that is exempt from federal income
taxation under section 501(c)(3), 501(c)(4), or 501(c)(5) of the Internal
Revenue Code, that is not dominated or interfered with by any nursing home
employer within the meaning of United States Code, title 29, section 158a(2),
and that has at least five years of demonstrated experience engaging with and
advocating for nursing home workers.
Sec. 4. [181.212]
MINNESOTA NURSING HOME WORKFORCE STANDARDS BOARD; ESTABLISHMENT.
Subdivision 1. Board
established; membership. (a)
The Minnesota Nursing Home Workforce Standards Board is created with the powers
and duties established by law. The board
is composed of the following voting members:
(1) the commissioner of
human services or a designee;
(2) the commissioner of
health or a designee;
(3) the commissioner of labor
and industry or a designee;
(4) three members who
represent nursing home employers or employer organizations, appointed by the
governor in accordance with section 15.066; and
(5) three members who
represent nursing home workers or worker organizations, appointed by the
governor in accordance with section 15.066.
(b) In making
appointments under clause (4), the governor shall consider the geographic
distribution of nursing homes within the state.
Subd. 2. Terms; vacancies. (a) Board members appointed under subdivision 1, clause (4) or (5), shall serve four-year terms following the initial staggered-lot determination.
(b) For members
appointed under subdivision 1, clause (4) or (5), the governor shall fill
vacancies occurring prior to the expiration of a member's term by appointment
for the unexpired term. A member
appointed under subdivision 1, clause (4) or (5), must not be appointed to more
than two consecutive terms.
(c) A member serves
until a successor is appointed.
Subd. 3. Chairperson. The board shall elect a member by
majority vote to serve as its chairperson and shall determine the term to be
served by the chairperson.
Subd. 4. Staffing. The commissioner may employ an
executive director for the board and other personnel to carry out duties of the
board under sections 181.211 to 181.217.
Subd. 5. Board
compensation. Compensation of
board members is governed by section 15.0575.
Subd. 6. Application
of other laws. Meetings of
the board are subject to chapter 13D. The
board is subject to chapter 13. The
board shall comply with section 15.0597.
Subd. 7. Voting. The affirmative vote of five board
members is required for the board to take any action, including actions
necessary to establish minimum nursing home employment standards under section
181.213.
Subd. 8. Hearings
and investigations. To carry
out its duties, the board shall hold public hearings on, and conduct
investigations into, working conditions in the nursing home industry in
accordance with section 181.213.
Subd. 9. Department
support. The commissioner
shall provide staff support to the board.
The support includes professional, legal, technical, and clerical staff
necessary to perform rulemaking and other duties assigned to the board. The commissioner shall supply necessary
office space and supplies to assist the board in its duties.
Subd. 10. Antitrust
compliance. The board shall
establish operating procedures that meet all state and federal antitrust
requirements and may prohibit board member access to data to meet the
requirements of this subdivision.
Subd. 11. Annual
report. By December 1, 2023,
and each December 1 thereafter, the executive director of the board shall
submit a report to the chairs and ranking minority members of the house of
representatives and senate committees with jurisdiction over labor and human
services on any actions taken and any standards adopted by the board.
Sec. 5. [181.213]
DUTIES OF THE BOARD; MINIMUM NURSING HOME EMPLOYMENT STANDARDS.
Subdivision 1. Authority
to establish minimum nursing home employment standards. (a) The board must adopt rules
establishing minimum nursing home employment standards that are reasonably
necessary and appropriate to protect the health and welfare of nursing home
workers, to ensure that nursing home workers are properly trained about and
fully informed of their rights under sections 181.211 to 181.217, and to
otherwise satisfy the purposes of sections 181.211 to 181.217. Standards established by the board must
include standards on compensation for nursing home workers, and may include
recommendations under paragraph (c). The
board may not adopt standards that are less protective of or beneficial to
nursing home workers as any other applicable statute or rule or any standard
previously established by the board unless there is a determination by the
board under subdivision 2 that existing standards exceed the operating payment
rate and external fixed costs payment rates included in the most recent budget
and economic forecast completed under section 16A.103. In establishing standards under this section,
the board must establish statewide standards, and may adopt standards that
apply to specific nursing home occupations.
(b) The board must adopt
rules establishing initial standards for wages for nursing home workers no
later than August 1, 2024. The board may
use the authority in section 14.389 to adopt rules under this paragraph. The board shall consult with the department
in the development of these standards prior to beginning the rule adoption
process.
(c) To the extent that
any minimum standards that the board finds are reasonably necessary and
appropriate to protect the health and welfare of nursing home workers fall
within the jurisdiction of chapter 182, the board shall not adopt rules
establishing the standards but shall instead recommend the occupational health
and safety standards to the commissioner.
The commissioner shall adopt nursing home health and safety standards
under section 182.655 as recommended by the board, unless the commissioner determines
that the recommended standard is outside the statutory authority of the
commissioner, presents enforceability challenges, is infeasible to implement,
or is otherwise unlawful and issues a written explanation of this
determination.
Subd. 2. Investigation
of market conditions. (a) The
board must investigate market conditions and the existing wages, benefits, and
working conditions of nursing home workers for specific geographic areas of the
state and specific nursing home occupations.
Based on this information, the board must seek to adopt minimum nursing
home employment standards that meet or exceed existing industry conditions for
a majority of nursing home workers in the relevant geographic area and nursing
home occupation. Except for standards
exceeding the threshold determined in paragraph (d), initial employment
standards established by the board are effective beginning January 1,
2025, and shall remain in effect until any subsequent standards are adopted by
rules.
(b) The board must
consider the following types of information in making determinations that
employment standards are reasonably necessary to protect the health and welfare
of nursing home workers:
(1) wage rate and
benefit data collected by or submitted to the board for nursing home workers in
the relevant geographic area and nursing home occupations;
(2) statements showing
wage rates and benefits paid to nursing home workers in the relevant geographic
area and nursing home occupations;
(3) signed collective
bargaining agreements applicable to nursing home workers in the relevant
geographic area and nursing home occupations;
(4) testimony and information
from current and former nursing home workers, worker organizations, nursing
home employers, and employer organizations;
(5) local minimum nursing home
employment standards;
(6) information
submitted by or obtained from state and local government entities; and
(7) any other
information pertinent to establishing minimum nursing home employment
standards.
(c) In considering wage
and benefit increases, the board must determine the impact of nursing home
operating payment rates determined pursuant to section 256R.21, subdivision 3,
and the employee benefits portion of the external fixed costs payment rate determined
pursuant to section 256R.25. If the
board, in consultation with the commissioner of human services, determines the
operating payment rate and employee benefits portion of the external fixed
costs payment rate will increase to comply with the new employment standards,
the board shall report to the legislature the increase in funding needed to
increase payment rates to comply with the new employment standards and must
make implementation of any new nursing home employment standards contingent
upon an appropriation, as determined by sections 256R.21 and 256R.25, to fund
the rate increase necessary to comply with the new employment standards.
(d) In evaluating the
impact of the employment standards on payment rates determined by sections
256R.21 and 256R.25, the board, in consultation with the commissioner of human
services, must consider the following:
(1) the statewide average wage rates for employees pursuant to section 256R.10, subdivision 5, and benefit rates pursuant to section 256R.02, subdivisions 18 and 22, as determined by the annual Medicaid cost report used to determine the operating payment rate and the employee benefits portion of the external fixed costs payment rate for the first day of the calendar year immediately following the date the board has established minimum wage and benefit levels;
(2) compare the results of clause (1) to the operating payment rate and employee benefits portion of the external fixed costs payment rate increase for the first day of the second calendar year after the adoption of any nursing home employment standards included in the most recent budget and economic forecast completed under section 16A.103; and
(3) if the established
nursing home employment standards result in an increase in costs that exceed
the operating payment rate and external fixed costs payment rate increase
included in the most recent budget and economic forecast completed under
section 16A.103, effective on the proposed implementation date of the new
nursing home employment standards, the board must determine if the rates will
need to be increased to meet the new employment standards and the standards
must not be effective until an appropriation sufficient to cover the rate
increase and federal approval of the rate increase is obtained.
(e) The budget and
economic forecasts completed under section 16A.103 shall not assume an increase
in payment rates determined under chapter 256R resulting from the new
employment standards until the board certifies the rates will need to be
increased and the legislature appropriates funding for the increase in payment
rates.
Subd. 3. Review
of standards. At least once
every two years, the board shall:
(1) conduct a full
review of the adequacy of the minimum nursing home employment standards
previously established by the board; and
(2) following that
review, adopt new rules, amend or repeal existing rules, or make recommendations
to adopt new rules or amend or repeal existing rules for minimum nursing home
employment standards using the expedited rulemaking process in section 14.389,
as appropriate to meet the purposes of sections 181.211 to 181.217.
Subd. 4. Variance
and waiver. The board shall
adopt procedures for considering temporary variances and waivers of the
established standards for individual nursing homes based on the board's
evaluation of the risk of closure or receivership under section 144A.15, due to
compliance with all or part of an applicable standard.
Subd. 5. Conflict. (a) In the event of a conflict between
a standard established by the board in rule and a rule adopted by another state
agency, the rule adopted by the board shall apply to nursing home workers and
nursing home employers.
(b) Notwithstanding
paragraph (a), in the event of a conflict between a standard established by the
board in rule and a rule adopted by another state agency, the rule adopted by
the other state agency shall apply to nursing home workers and nursing home
employers if the rule adopted by the other state agency is adopted after the
board's standard and the rule adopted by the other state agency is more
protective or beneficial than the board's standard.
(c) Notwithstanding
paragraph (a), if the commissioner of health determines that a standard
established by the board in rule or recommended by the board conflicts with
requirements in federal regulations for nursing home certification or with
state statutes or rules governing licensure of nursing homes, the federal
regulations or state nursing home licensure statutes or rules shall take
precedence, and the conflicting board standard or rule shall not apply to
nursing home workers or nursing home employers.
Subd. 6. Effect
on other agreements. Nothing
in sections 181.211 to 181.217 shall be construed to:
(1) limit the rights of
parties to a collective bargaining agreement to bargain and agree with respect
to nursing home employment standards; or
(2) diminish the
obligation of a nursing home employer to comply with any contract, collective
bargaining agreement, or employment benefit program or plan that meets or
exceeds, and does not conflict with, the minimum standards and requirements in
sections 181.211 to 181.217 or established by the board.
Sec. 6. [181.214]
DUTIES OF THE BOARD; TRAINING FOR NURSING HOME WORKERS.
Subdivision 1. Certification
of worker organizations. The
board shall certify worker organizations that it finds are qualified to provide
training to nursing home workers according to this section. The board shall by rule establish
certification criteria that a worker organization must meet in order to be
certified and provide a process for renewal of certification upon the board's
review of the worker organization's compliance with this section. In adopting rules to establish certification
criteria under this subdivision, the board may use the authority in section
14.389. The criteria must ensure that a
worker organization, if certified, is able to provide:
(1) effective,
interactive training on the information required by this section; and
(2) follow-up written
materials and responses to inquiries from nursing home workers in the languages
in which nursing home workers are proficient.
Subd. 2. Curriculum. (a) The board shall establish
requirements for the curriculum for the nursing home worker training required
by this section. A curriculum must at
least provide the following information to nursing home workers:
(1) the applicable
compensation and working conditions in the minimum standards or local minimum
standards established by the board;
(2) the antiretaliation
protections established in section 181.216;
(3) information on how to
enforce sections 181.211 to 181.217 and on how to report violations of sections
181.211 to 181.217 or of standards established by the board, including contact
information for the Department of Labor and Industry, the board, and any local
enforcement agencies, and information on the remedies available for violations;
(4) the purposes and
functions of the board and information on upcoming hearings, investigations, or
other opportunities for nursing home workers to become involved in board
proceedings;
(5) other rights, duties,
and obligations under sections 181.211 to 181.217;
(6) any updates or
changes to the information provided according to clauses (1) to (5) since the
most recent training session;
(7) any other information the board deems appropriate to facilitate
compliance with sections 181.211 to 181.217; and
(8) information on labor
standards in other applicable local, state, and federal laws, rules, and
ordinances regarding nursing home working conditions or nursing home worker
health and safety.
(b) Before establishing
initial curriculum requirements, the board must hold at least one public
hearing to solicit input on the requirements.
Subd. 3. Topics
covered in training session. A
certified worker organization is not required to cover all of the topics listed
in subdivision 2 in a single training session.
A curriculum used by a certified worker organization may provide
instruction on each topic listed in subdivision 2 over the course of up to
three training sessions.
Subd. 4. Annual
review of curriculum requirements. The
board must review the adequacy of its curriculum requirements at least annually
and must revise the requirements as appropriate to meet the purposes of
sections 181.211 to 181.217. As part of
each annual review of the curriculum requirements, the board must hold at least
one public hearing to solicit input on the requirements.
Subd. 5. Duties
of certified worker organizations. A
certified worker organization:
(1) must use a curriculum
for its training sessions that meets requirements established by the board;
(2) must provide
trainings that are interactive and conducted in the languages in which the
attending nursing home workers are proficient;
(3) must, at the end of
each training session, provide attending nursing home workers with follow-up
written or electronic materials on the topics covered in the training session,
in order to fully inform nursing home workers of their rights and opportunities
under sections 181.211 to 181.217;
(4) must make itself
reasonably available to respond to inquiries from nursing home workers during
and after training sessions; and
(5) may conduct surveys
of nursing home workers who attend a training session to assess the
effectiveness of the training session and industry compliance with sections
181.211 to 181.217 and other applicable laws, rules, and ordinances governing
nursing home working conditions or worker health and safety.
Subd. 6. Nursing
home employer duties regarding training.
(a) A nursing home employer must submit written documentation to
the board to certify that every two years each of its nursing home workers
completes one hour of training that meets the requirements of this section and
is provided by a certified worker organization.
A nursing home employer may, but is not required to, host training
sessions on the premises of the nursing home.
(b) If requested by a certified
worker organization, a nursing home employer must, after a training session
provided by the certified worker organization, provide the certified worker
organization with the names and contact information of the nursing home workers
who attended the training session, unless a nursing home worker opts out
according to paragraph (c).
(c) A nursing home
worker may opt out of having the worker's nursing home employer provide the
worker's name and contact information to a certified worker organization that
provided a training session attended by the worker by submitting a written
statement to that effect to the nursing home employer.
Subd. 7. Training
compensation. A nursing home
employer must compensate its nursing home workers at their regular hourly rate
of wages and benefits for each hour of training completed as required by this
section and reimburse any reasonable travel expenses associated with attending
training sessions not held on the premises of the nursing home.
Sec. 7. [181.215]
REQUIRED NOTICES.
Subdivision 1. Provision
of notice. (a) Nursing home
employers must provide notices informing nursing home workers of the rights and
obligations provided under sections 181.211 to 181.217 of applicable minimum
nursing home employment standards and local minimum standards and that for
assistance and information, nursing home workers should contact the Department
of Labor and Industry. A nursing home
employer must provide notice using the same means that the nursing home
employer uses to provide other work-related notices to nursing home workers. Provision of notice must be at least as
conspicuous as:
(1) posting a copy of
the notice at each work site where nursing home workers work and where the
notice may be readily seen and reviewed by all nursing home workers working at
the site; or
(2) providing a paper or
electronic copy of the notice to all nursing home workers and applicants for
employment as a nursing home worker.
(b) The notice required
by this subdivision must include text provided by the board that informs
nursing home workers that they may request the notice to be provided in a
particular language. The nursing home
employer must provide the notice in the language requested by the nursing home
worker. The board must assist nursing
home employers in translating the notice in the languages requested by their
nursing home workers.
Subd. 2. Minimum
content and posting requirements. The
board must adopt rules under section 14.389 specifying the minimum content and
posting requirements for the notices required in subdivision 1. The board must make available to nursing home
employers a template or sample notice that satisfies the requirements of this
section and rules adopted under this section.
Sec. 8. [181.216]
RETALIATION PROHIBITED.
(a) A nursing home
employer shall not discharge, discipline, penalize, interfere with, threaten,
restrain, coerce, or otherwise retaliate or discriminate against a nursing home
worker because the person has exercised or attempted to exercise rights protected
under this act, including but not limited to:
(1) exercising any right
afforded to the nursing home worker under sections 181.211 to 181.217;
(2) participating in any
process or proceeding under sections 181.211 to 181.217, including but not
limited to board hearings, board or department investigations, or other related
proceedings; or
(3) attending or
participating in the training required by section 181.214.
(b) It shall be unlawful for an
employer to:
(1) inform another
employer that a nursing home worker or former nursing home worker has engaged
in activities protected under sections 181.211 to 181.217; or
(2) report or threaten
to report the actual or suspected citizenship or immigration status of a
nursing home worker, former nursing home worker, or family member of a nursing
home worker to a federal, state, or local agency for exercising or attempting to
exercise any right protected under this act.
(c) A person found to
have experienced retaliation in violation of this section shall be entitled to
back pay and reinstatement to the person's previous position, wages, benefits,
hours, and other conditions of employment.
Sec. 9. [181.217]
ENFORCEMENT.
Subdivision 1. Minimum
nursing home employment standards. Except
as provided in section 181.213, subdivision 4, paragraph (b) or (c), the
minimum wages and other compensation established by the board in rule as
minimum nursing home employment standards shall be the minimum wages and other
compensation for nursing home workers or a subgroup of nursing home workers as
a matter of state law. Except as
provided in section 181.213, subdivision 4, paragraph (b) or (c), it shall be
unlawful for a nursing home employer to employ a nursing home worker for lower
wages or other compensation than that established as the minimum nursing home
employment standards.
Subd. 2. Investigations. The commissioner may investigate
possible violations of sections 181.214 to 181.217 or of the minimum nursing
home employment standards established by the board whenever it has cause to
believe that a violation has occurred, either on the basis of a report of a
suspected violation or on the basis of any other credible information,
including violations found during the course of an investigation.
Subd. 3. Civil
action by nursing home worker. (a)
One or more nursing home workers may bring a civil action in district court
seeking redress for violations of sections 181.211 to 181.217 or of any
applicable minimum nursing home employment standards or local minimum nursing
home employment standards. Such an
action may be filed in the district court of the county where a violation or
violations are alleged to have been committed or where the nursing home
employer resides, or in any other court of competent jurisdiction, and may
represent a class of similarly situated nursing home workers.
(b) Upon a finding of
one or more violations, a nursing home employer shall be liable to each nursing
home worker for the full amount of the wages, benefits, and overtime
compensation, less any amount the nursing home employer is able to establish
was actually paid to each nursing home worker, and for an additional equal
amount as liquidated damages. In an
action under this subdivision, nursing home workers may seek damages and other
appropriate relief provided by section 177.27, subdivision 7, or otherwise
provided by law, including reasonable costs, disbursements, witness fees, and
attorney fees. A court may also issue an
order requiring compliance with sections 181.211 to 181.217 or with the
applicable minimum nursing home employment standards or local minimum nursing
home employment standards. A nursing
home worker found to have experienced retaliation in violation of section
181.216 shall be entitled to back pay and reinstatement to the worker's
previous position, wages, benefits, hours, and other conditions of employment.
(c) An agreement between
a nursing home employer and nursing home worker or labor union that fails to
meet the minimum standards and requirements in sections 181.211 to 181.217 or
established by the board is not a defense to an action brought under this subdivision.
Sec. 10. INITIAL
APPOINTMENTS.
The governor shall make
initial appointments to the Minnesota Nursing Home Workforce Standards Board
under Minnesota Statutes, section 181.212, no later than August 1, 2023. Notwithstanding Minnesota Statutes, section
181.212, subdivision 2, the initial terms of members appointed under Minnesota
Statutes, section 181.212, subdivision 1, clauses (4) and (5), shall be
determined by lot by the secretary of state and shall be as follows:
(1) one member appointed
under each of Minnesota Statutes, section 181.212, subdivision 1, clauses (4)
and (5), shall serve a two-year term;
(2) one member appointed
under each of Minnesota Statutes, section 181.212, subdivision 1, clauses (4)
and (5), shall serve a three-year term; and
(3) one member appointed
under each of Minnesota Statutes, section 181.212, subdivision 1, clauses (4)
and (5), shall serve a four-year term.
The commissioner of labor and industry must
convene the first meeting within 30 days after the governor completes
appointments to the board. The board
must elect a chair at its first meeting.
EFFECTIVE DATE. This
section is effective the day following final enactment.
ARTICLE 4
COMBATIVE SPORTS
Section 1. Minnesota Statutes 2022, section 341.21, subdivision 2a, is amended to read:
Subd. 2a. Combatant. "Combatant" means an individual
who employs the act of attack and defense as a professional boxer, professional
or amateur tough person, martial artist professional or amateur
kickboxer, or professional or amateur mixed martial artist while
engaged in a combative sport.
EFFECTIVE DATE. This
section is effective January 1, 2024.
Sec. 2. Minnesota Statutes 2022, section 341.21, subdivision 2b, is amended to read:
Subd. 2b. Combative
sport. "Combative sport"
means a sport that employs the act of attack and defense with the fists, with
or without using padded gloves, or feet that is practiced as a sport under the
rules of the Association of Boxing Commissions, unified rules for mixed martial
arts, or their equivalent. Combative
sports include professional boxing and, professional and amateur
tough person, professional or amateur kickboxing, and professional and
amateur mixed martial arts contests.
EFFECTIVE DATE. This
section is effective January 1, 2024.
Sec. 3. Minnesota Statutes 2022, section 341.21, subdivision 2c, is amended to read:
Subd. 2c. Combative
sports contest. "Combative
sports contest" means a professional boxing, a professional or amateur
tough person, a professional or amateur kickboxing, or a professional or
amateur martial art contest or mixed martial arts contest, bout,
competition, match, or exhibition.
EFFECTIVE DATE. This
section is effective January 1, 2024.
Sec. 4. Minnesota Statutes 2022, section 341.21, subdivision 4f, is amended to read:
Subd. 4f. Martial
art. "Martial art" means a
variety of weaponless disciplines of combat or self-defense that utilize
physical skill and coordination, and are practiced as combat sports. The disciplines include, but are not limited
to, Wing Chun, kickboxing, Tae kwon do, savate, karate, Muay Thai,
sanshou, Jiu Jitsu, judo, ninjitsu, kung fu, Brazilian Jiu Jitsu,
wrestling, grappling, tai chi, and other weaponless martial arts disciplines.
EFFECTIVE DATE. This
section is effective January 1, 2024.
Sec. 5. Minnesota Statutes 2022, section 341.21, is amended by adding a subdivision to read:
Subd. 4i. Kickboxing. "Kickboxing" means the act of attack and defense with the fists using padded gloves and bare feet.
EFFECTIVE DATE. This
section is effective January 1, 2024.
Sec. 6. Minnesota Statutes 2022, section 341.21, subdivision 7, is amended to read:
Subd. 7. Tough
person contest. "Tough person
contest," including contests marketed as tough man or tough woman
contests, means a contest of two-minute rounds consisting of not more than
four rounds between two or more individuals who use their hands, or their feet,
or both in any manner. Tough person
contest includes kickboxing and other recognized martial art contest boxing
match or similar contest where each combatant wears headgear and gloves that
weigh at least 12 ounces.
Sec. 7. Minnesota Statutes 2022, section 341.221, is amended to read:
341.221 ADVISORY COUNCIL.
(a) The commissioner must appoint a Combative Sports Advisory Council to advise the commissioner on the administration of duties under this chapter.
(b) The council shall have nine
five members appointed by the commissioner. One member must be a retired judge of the
Minnesota District Court, Minnesota Court of Appeals, Minnesota Supreme Court,
the United States District Court for the District of Minnesota, or the Eighth
Circuit Court of Appeals. At least four
All five members must have knowledge of the boxing industry. At least four members must have knowledge of
the mixed martial arts industry combative sports. The commissioner shall make serious efforts
to appoint qualified women to serve on the council.
(c) Council members
shall serve terms of four years with the terms ending on the first Monday in
January.
(d) (c) The
council shall annually elect from its membership a chair.
(e) (d) Meetings
shall be convened by the commissioner, or by the chair with the approval of the
commissioner.
(f) The commissioner
shall designate two of the members to serve until the first Monday in January
2013; two members to serve until the first Monday in January 2014; two members
to serve until the first Monday in January 2015; and three members to serve
until the first Monday in January 2016.
(e) Appointments to the council and the terms of council members are governed by sections 15.059 and 15.0597.
(g) (f) Removal of members, filling of vacancies, and compensation of members shall be as provided in section 15.059.
(g) Meetings convened for the purpose of advising the commissioner on issues related to a challenge filed under section 341.345 are exempt from the open meeting requirements of chapter 13D.
Sec. 8. Minnesota Statutes 2022, section 341.25, is amended to read:
341.25 RULES.
(a) The commissioner may adopt rules that include standards for the physical examination and condition of combatants and referees.
(b) The commissioner may adopt other rules necessary to carry out the purposes of this chapter, including, but not limited to, the conduct of all combative sport contests and their manner, supervision, time, and place.
(c) The commissioner must
adopt unified rules for mixed martial arts contests.
(d) The commissioner may
adopt the rules of the Association of Boxing Commissions, with amendments.
(e) (c) The most
recent version of the Unified Rules of Mixed Martial Arts, as promulgated
by the Association of Boxing Commissions and amended August 2, 2016, are,
is incorporated by reference and made a part of this chapter except as
qualified by this chapter and Minnesota Rules, chapter 2202. In the event of a conflict between this
chapter and the Unified Rules, this chapter must govern.
(d) The most recent
version of the Unified Rules of Boxing, as promulgated by the Association of
Boxing Commissions, is incorporated by reference and made a part of this
chapter except as qualified by this chapter and Minnesota Rules, chapter 2201. In the event of a conflict between this
chapter and the Unified Rules, this chapter must govern.
(e) The most recent
version of the Unified Rules of Kickboxing, as promulgated by the Association
of Boxing Commissions, is incorporated by reference and made a part of this
chapter except as qualified by this chapter and any applicable Minnesota Rules. In the event of a conflict between this
chapter and the Unified Rules, this chapter must govern.
EFFECTIVE DATE. This
section is effective January 1, 2024.
Sec. 9. Minnesota Statutes 2022, section 341.27, is amended to read:
341.27 COMMISSIONER DUTIES.
The commissioner shall:
(1) issue, deny, renew, suspend, or revoke licenses;
(2) make and maintain records of its acts and proceedings including the issuance, denial, renewal, suspension, or revocation of licenses;
(3) keep public records of the council open to inspection at all reasonable times;
(4) develop rules to be implemented under this chapter;
(5) conform to the rules adopted under this chapter;
(6) develop policies and procedures for regulating boxing, kickboxing, and mixed martial arts;
(7) approve regulatory
bodies to oversee martial arts and amateur boxing contests under section
341.28, subdivision 5;
(7) (8) immediately
suspend an individual license for a medical condition, including but not
limited to a medical condition resulting from an injury sustained during a
match, bout, or contest that has been confirmed by the ringside physician. The medical suspension must be lifted after
the commissioner receives written information from a physician licensed in the
home state of the licensee indicating that the combatant may resume
competition, and any other information that the commissioner may by rule require. Medical suspensions are not subject to
section 326B.082 or the contested case procedures provided in sections 14.57 to
14.69; and
(8) (9) immediately
suspend an individual combatant license for a mandatory rest period, which must
commence at the conclusion of every combative sports contest in which the
license holder competes and does not receive a medical suspension. A rest suspension must automatically lift
after 14 calendar days from the date the combative sports contest passed
without notice or additional proceedings.
Rest suspensions are not subject to section 326B.082 or the contested
case procedures provided in sections 14.57 to 14.69.
EFFECTIVE DATE. This
section is effective January 1, 2024.
Sec. 10. Minnesota Statutes 2022, section 341.28, subdivision 2, is amended to read:
Subd. 2. Regulatory
authority; tough person contests. All
professional and amateur tough person contests are subject to this chapter. All tough person contests are subject to the
most recent version of the Unified Rules of Boxing, as promulgated by the
Association of Boxing Commissions rules.
Every contestant in a tough person contest shall have a physical
examination prior to their bouts. Every
contestant in a tough person contest shall wear headgear and padded
gloves that weigh at least 12 ounces. All
tough person bouts are limited to two-minute rounds and a maximum of four total
rounds. Officials at all tough
person contests shall be licensed under this chapter.
Sec. 11. Minnesota Statutes 2022, section 341.28, subdivision 3, is amended to read:
Subd. 3. Regulatory
authority; mixed martial arts contests; similar sporting events. All professional and amateur mixed
martial arts contests, martial arts contests except amateur contests
regulated by the Minnesota State High School League (MSHSL), recognized martial
arts studios and schools in Minnesota, and recognized national martial arts
organizations holding contests between students, ultimate fight contests, and
similar sporting events are subject to this chapter and all officials at
these events must be licensed under this chapter.
EFFECTIVE DATE. This
section is effective January 1, 2024.
Sec. 12. Minnesota Statutes 2022, section 341.28, is amended by adding a subdivision to read:
Subd. 4. Regulatory
authority; kickboxing contests. All
professional and amateur kickboxing contests are subject to this chapter and
all officials at these events must be licensed under this chapter.
EFFECTIVE DATE. This
section is effective January 1, 2024.
Sec. 13. Minnesota Statutes 2022, section 341.28, is amended by adding a subdivision to read:
Subd. 5. Regulatory
authority; martial arts and amateur boxing.
(a) Unless this chapter specifically states otherwise, contests
or exhibitions for martial arts and amateur boxing are exempt from the
requirements of this chapter and officials at these events are not required to
be licensed under this chapter.
(b) Martial arts and
amateur boxing contests, unless subject to the exceptions set forth in
subdivision 6, must be regulated by a nationally recognized organization
approved by the commissioner. The
organization must have a set of written standards, procedures, or rules used to
sanction the combative sports it oversees.
(c) Any regulatory body
overseeing a martial arts or amateur boxing event must submit bout results to
the commissioner within 72 hours after the event. If the regulatory body issues suspensions,
the regulatory body must submit to the commissioner a list of any suspensions
resulting from the event within 72 hours after the event. Regulatory bodies that oversee combative
sports or martial arts contests under subdivision 6 are not subject to this
paragraph.
EFFECTIVE DATE. This
section is effective January 1, 2024.
Sec. 14. Minnesota Statutes 2022, section 341.28, is amended by adding a subdivision to read:
Subd. 6. Regulatory
authority; certain students. Combative
sports or martial arts contests regulated by the Minnesota State High School
League, National Collegiate Athletic Association, National Junior Collegiate
Athletic Association, National Association of Intercollegiate Athletics, or any
similar organization that governs interscholastic athletics are not subject to
this chapter and officials at these events are not required to be licensed
under this chapter.
EFFECTIVE DATE. This
section is effective January 1, 2024.
Sec. 15. Minnesota Statutes 2022, section 341.30, subdivision 4, is amended to read:
Subd. 4. Prelicensure
requirements. (a) Before the
commissioner issues a promoter's license to an individual, corporation, or
other business entity, the applicant shall, a minimum of six weeks before
the combative sport contest is scheduled to occur, complete a licensing
application on the Office of Combative Sports website or on forms furnished
or approved prescribed by the commissioner and shall:
(1) provide the
commissioner with a copy of any agreement between a combatant and the applicant
that binds the applicant to pay the combatant a certain fixed fee or percentage
of the gate receipts;
(2) (1) show on
the licensing application the owner or owners of the applicant entity and the
percentage of interest held by each owner holding a 25 percent or more interest
in the applicant;
(3) (2) provide
the commissioner with a copy of the latest financial statement of the
applicant;
(4) provide the
commissioner with a copy or other proof acceptable to the commissioner of the
insurance contract or policy required by this chapter;
(5) (3) provide
proof, where applicable, of authorization to do business in the state of
Minnesota; and
(6) (4) deposit
with the commissioner a cash bond or surety bond in an amount set by the
commissioner, which must not be less than $10,000. The bond shall be executed in favor of this
state and shall be conditioned on the faithful performance by the promoter of
the promoter's obligations under this chapter and the rules adopted under it.
(b) Before the commissioner issues a license to a combatant, the applicant shall:
(1) submit to the
commissioner the results of a current medical examination examinations
on forms furnished or approved prescribed by the commissioner that
state that the combatant is cleared to participate in a combative sport contest. The medical examination must include an
ophthalmological and neurological examination, and documentation of test
results for HBV, HCV, and HIV, and any other blood test as the commissioner by
rule may require. The ophthalmological
examination must be designed to detect any retinal defects or other damage or
condition of the eye that could be aggravated by combative sports. The neurological examination must include an
electroencephalogram or medically superior test if the combatant has been
knocked unconscious in a previous contest.
The commissioner may also order an electroencephalogram or other
appropriate neurological or physical examination before any contest if it
determines that the examination is desirable to protect the health of the
combatant. The commissioner shall not
issue a license to an applicant submitting positive test results for HBV, HCV,
or HIV; The applicant must undergo and submit the results of the
following medical examinations, which do not exempt a combatant from the
requirements in section 341.33:
(i) a physical examination
performed by a licensed medical doctor, doctor of osteopathic medicine, advance
practice nurse practitioner, or a physician assistant. Physical examinations are valid for one year
from the date of the exam;
(ii) an ophthalmological
examination performed by an ophthalmologist or optometrist that includes
dilation designed to detect any retinal defects or other damage or a condition
of the eye that could be aggravated by combative sports. Ophthalmological examinations are valid for
one year from the date of the exam;
(iii) blood work results
for HBsAg (Hepatitis B surface antigen), HCV (Hepatitis C antibody), and HIV. Blood work results are good for one year from
the date blood was drawn. The
commissioner shall not issue a license to an applicant submitting positive test
results for HBsAg, HCV, or HIV; and
(iv) other appropriate
neurological or physical examinations before any contest, if the commissioner
determines that the examination is desirable to protect the health of the
combatant;
(2) complete a licensing
application on the Office of Combative Sports website or on forms furnished
or approved prescribed by the commissioner; and
(3) provide proof that the applicant is 18 years of age. Acceptable proof is a photo driver's license, state photo identification card, passport, or birth certificate combined with additional photo identification.
(c) Before the
commissioner issues a license to a referee, judge, or timekeeper, the applicant
must submit proof of qualifications that may include certified training from
the Association of Boxing Commissions, licensure with other regulatory bodies,
professional references, or a log of bouts worked.
(d) Before the
commissioner issues a license to a ringside physician, the applicant must
submit proof that they are licensed to practice medicine in the state of
Minnesota and in good standing.
Sec. 16. Minnesota Statutes 2022, section 341.32, subdivision 2, is amended to read:
Subd. 2. Expiration
and application. Licenses issued
on or after January 1, 2023, shall expire annually on December 31 one
year after the date of issuance. A
license may be applied for each year by filing an application for licensure and
satisfying all licensure requirements established in section 341.30, and
submitting payment of the license fees established in section 341.321. An application for a license and renewal of a
license must be on a form provided by the commissioner.
Sec. 17. Minnesota Statutes 2022, section 341.321, is amended to read:
341.321 FEE SCHEDULE.
(a) The fee schedule for professional and amateur licenses issued by the commissioner is as follows:
(1) referees, $25;
(2) promoters, $700;
(3) judges and knockdown judges, $25;
(4) trainers and seconds, $80
$40;
(5) timekeepers, $25;
(6) professional combatants, $70;
(7) amateur combatants, $50
$35; and
(8) ringside physicians, $25.
License fees for promoters are due at least
six weeks prior to the combative sport contest. All other license fees shall be paid
no later than the weigh-in prior to the contest. No license may be issued until all
prelicensure requirements in section 341.30 are satisfied and fees are
paid.
(b) The commissioner shall
establish a contest fee for each combative sport contest and shall consider the
size and type of venue when establishing a contest fee. The A promoter or event organizer of
an event regulated by the Department of Labor and Industry must pay, per event,
a combative sport contest fee is of $1,500 per event or not
more than four percent of the gross ticket sales, whichever is greater,
as determined by the commissioner when the combative sport contest is scheduled. The fee must be paid as follows:
(c) A professional or
amateur combative sport contest fee is nonrefundable and shall be paid as
follows:
(1) $500 at the time the
combative sport contest is scheduled; and
(2) $1,000 at the weigh-in
prior to the contest.;
(3) if four percent of the
gross ticket sales is greater than $1,500, the balance is due to the
commissioner within 14 days of the completed contest; and
(4) the value of all
complimentary tickets distributed for an event, to the extent they exceed five
percent of total event attendance, counts toward gross tickets sales for the
purposes of determining a combative sports contest fee. For purposes of this clause, the lowest
advertised ticket price shall be used to calculate the value of complimentary
tickets.
If four percent of the gross ticket sales
is greater than $1,500, the balance is due to the commissioner within seven
days of the completed contest.
(d) The commissioner may establish the maximum number of complimentary
tickets allowed for each event by rule.
(e) (c) All fees and penalties collected by the commissioner must be deposited in the commissioner account in the special revenue fund.
EFFECTIVE DATE. This
section is effective July 1, 2023, except that the amendments to paragraph (b)
are effective for combative sports contests scheduled to occur on or after
January 1, 2024.
Sec. 18. [341.322]
PAYMENT SCHEDULE.
The commissioner may establish a schedule of payments to be paid by a promoter to referees, judges and knockdown judges, timekeepers, and ringside physicians.
Sec. 19. [341.323]
EVENT APPROVAL.
Subdivision 1. Preapproval
documentation. Before the
commissioner approves a combative sports contest, the promoter shall provide
the commissioner, at least six weeks before the combative sport contest is
scheduled to occur, information about the time, date, and location of the
contest and at least 72 hours before the combative sport contest is scheduled
to occur:
(1) a copy of any
agreement between a combatant and the promoter that binds the promoter to pay
the combatant a certain fixed fee or percentage of the gate receipts;
(2) a copy or other
proof acceptable to the commissioner of the insurance contract or policy
required by this chapter;
(3) proof acceptable to
the commissioner that the promoter will provide, at the cost of the promoter,
at least one uniformed security guard or uniformed off-duty member of law
enforcement to provide security at any event regulated by the Department of Labor
and Industry. The commissioner may
require a promoter to take additional security measures to ensure the safety of
participants and spectators at an event; and
(4) proof acceptable to the commissioner that the promoter will provide an ambulance service as required by section 341.324.
Subd. 2. Proper
licensure. Before the
commissioner approves a combative sport contest, the commissioner must ensure
that the promoter is properly licensed under this chapter. The promoter must maintain proper licensure
from the time it schedules a combative sports contest through the date of the
contest.
Subd. 3. Discretion. Nothing in this section limits the commissioner's discretion in deciding whether to approve a combative sport contest or event.
Sec. 20. [341.324]
AMBULANCE.
A promoter must ensure,
at the cost of the promoter, that a licensed ambulance service with two
emergency medical technicians is on the premises during a combative sports
contest.
Sec. 21. Minnesota Statutes 2022, section 341.33, is amended to read:
341.33 PHYSICAL EXAMINATION REQUIRED; FEES.
Subdivision 1. Examination by physician. All combatants must be examined by a physician licensed by this state within 36 hours before entering the ring, and the examining physician shall immediately file with the commissioner a written report of the examination. The physician's examination may report on the condition of the
combatant's heart and general physical and general neurological condition. The physician's report may record the condition of the combatant's nervous system and brain as required by the commissioner. The physician may prohibit the combatant from entering the ring if, in the physician's professional opinion, it is in the best interest of the combatant's health. The cost of the examination is payable by the promoter conducting the contest or exhibition.
Subd. 2. Attendance
of physician. A promoter holding or
sponsoring a combative sport contest shall have in attendance a physician
licensed by this state Minnesota.
The commissioner may establish a schedule of fees to be paid to each
attending physician by the promoter holding or sponsoring the contest.
Sec. 22. [341.331]
PROHIBITED PERFORMANCE ENHANCING SUBSTANCES AND TESTING.
Subdivision 1. Performance
enhancing substances and masking agents prohibited. All combatants are prohibited from
using the substances listed in the following classes contained in the World
Anti-Doping Code published by the World Anti-Doping Agency, unless a combatant
meets an applicable exception set forth therein:
(1) S0, nonapproved
substances;
(2) S1, anabolic agents;
(3) S2, peptide
hormones, growth factors, and related substances and mimetics;
(4) S3, beta-2 agonists;
(5) S4, hormone and
metabolic modulators; and
(6) S5, diuretics and
masking agents.
Subd. 2. Testing. The commissioner may administer drug
testing to discover violations of subdivision 1 as follows:
(a) The commissioner may require a combatant to submit to a drug test to determine if substances are present in the combatant's system in violation of subdivision 1. This testing may occur at any time after the official weigh-in, on the day of the contest in which the combatant is participating, or within 24 hours of competing in a combative sports contest in a manner prescribed by the commissioner. The commissioner may require testing based on reasonable cause or random selection. Grounds for reasonable cause includes observing or receiving credible information that a combatant has used prohibited performance enhancing drugs. If testing is based on random selection, both combatants competing in a selected bout shall submit to a drug test.
(b) Specimens may include urine, hair samples, or blood. Specimens shall be tested at a facility acceptable to the commissioner. Results of all drug tests shall be submitted directly to the commissioner.
(c) The promoter shall
pay the costs relating to drug testing combatants. Any requests for follow-up or additional
testing must be paid by the combatant.
Subd. 3. Discipline. (a) If a combatant fails to provide a
sample for drug testing when required, and the request is made before a bout,
the combatant shall not be allowed to compete in the bout. If the request is made after a bout, and the
combatant fails to provide a sample for drug testing, the combatant shall be
subject to disciplinary action under section 341.29.
(b) If a combatant's
specimen tests positive for any prohibited substances, the combatant shall be
subject to disciplinary action under section 341.29.
(c) A combatant who is
disciplined and was the winner of a bout shall be disqualified and the decision
shall be changed to no contest. The
results of a bout shall remain unchanged if a combatant who is disciplined was
the loser of the bout.
EFFECTIVE DATE. This
section is effective January 1, 2024.
Sec. 23. [341.345]
CHALLENGING THE OUTCOME OF A COMBATIVE SPORT CONTEST.
Subdivision 1. Challenge. (a) If a combatant disagrees with the
outcome of a combative sport contest regulated by the Department of Labor and
Industry in which the combatant participated, the combatant may challenge the
outcome.
(b) If a third party makes a challenge on behalf of a combatant, the third party must provide written confirmation that they are authorized to make the challenge on behalf of the combatant. The written confirmation must contain the combatant's signature and must be submitted with the challenge.
Subd. 2. Form. A challenge must be submitted on a
form prescribed by the commissioner, set forth all relevant facts and the basis
for the challenge, and state what remedy is being sought. A combatant may submit photos, videos,
documents, or any other evidence the combatant would like the commissioner to
consider in connection to the challenge.
A combatant may challenge the outcome of a contest only if it is alleged
that:
(1) the referee made an
incorrect call or missed a rule violation that directly affected the outcome of
the contest;
(2) there was collusion
amongst officials to affect the outcome of the contest; or
(3) scores were miscalculated.
Subd. 3. Timing. A challenge must be submitted within
ten days of the contest.
(a) For purposes of this subdivision, the day of the contest shall not count toward the ten-day period. If the tenth day falls on a Saturday, Sunday, or legal holiday, then a combatant shall have until the next day that is not a Saturday, Sunday, or legal holiday to submit a challenge.
(b) The challenge must be submitted to the commissioner at the address, fax number, or email address designated on the commissioner's website. The date on which a challenge is submitted by mail shall be the postmark date on the envelope in which the challenge is mailed. If the challenge is faxed or emailed, it must be received by the commissioner by 4:30 p.m. Central Time on the day the challenge is due.
Subd. 4. Opponent's
response. If the requirements
of subdivisions 1 to 3 are met, the commissioner shall send a complete copy of
the challenge documents, along with any supporting materials submitted, to the
opposing combatant by mail, fax, or email.
The opposing combatant has 14 days from the date the commissioner sends
the challenge and supporting materials to submit a response to the commissioner. Additional response time is not added when
the commissioner sends the challenge to the opposing combatant by mail. The opposing combatant may submit photos,
videos, documents, or any other evidence the opposing combatant would like the
commissioner to consider in connection to the challenge. The response must be submitted to the
commissioner at the address, fax number, or email address designated on the
commissioner's website. The date on
which a response is submitted by mail is the postmark date on the envelope in
which the response is mailed. If the
response is faxed or emailed, it must be received by the commissioner by 4:30 p.m.
Central Time on the day the response is due.
Subd. 5. Licensed
official review. The
commissioner may, if the commissioner determines it would be helpful in
resolving the issues raised in the challenge, send a complete copy of the
challenge or response, along with any supporting materials submitted, to any
licensed official involved in the combative sport contest at issue by mail,
fax, or email and request the official's views on the issues raised in the
challenge.
Subd. 6. Order. The commissioner shall issue an order
on the challenge within 60 days after receiving the opposing combatant's
response. If the opposing combatant does
not submit a response, the commissioner shall issue an order on the challenge
within 75 days after receiving the challenge.
Subd. 7. Nonacceptance. If the requirements of subdivisions 1
through 3 are not met, the commissioner must not accept the challenge and may
send correspondence to the person who submitted the challenge stating the
reasons for nonacceptance of the challenge.
A combatant has no further appeal rights if the combatant's challenge is
not accepted by the commissioner.
Subd. 8. Administrative
hearing. After the
commissioner issues an order under subdivision 6, each combatant under section
326B.082, subdivision 8, has 30 days after service of the order to submit a
request for hearing before an administrative law judge.
Sec. 24. Minnesota Statutes 2022, section 341.355, is amended to read:
341.355 CIVIL PENALTIES.
When the commissioner finds
that a person has violated one or more provisions of any statute, rule, or
order that the commissioner is empowered to regulate, enforce, or issue, the
commissioner may impose, for each violation, a civil penalty of up to $10,000
for each violation, or a civil penalty that deprives the person of any economic
advantage gained by the violation, or both.
The commissioner may also impose these penalties against a person who
has violated section 341.28, subdivision 5, paragraph (b) or (c).
EFFECTIVE DATE. This
section is effective January 1, 2024.
ARTICLE 5
MEAT AND POULTRY PROCESSING
Section 1. [179.87]
TITLE.
Sections 179.87 to
179.8757 may be titled the "Safe Workplaces for Meat and Poultry
Processing Workers Act."
Sec. 2. [179.871]
DEFINITIONS.
Subdivision 1. Definitions. For purposes of sections 179.87 to
179.8757, the terms in this section have the meanings given.
Subd. 2. Authorized
employee representative. "Authorized
employee representative" has the meaning given in section 182.651,
subdivision 22.
Subd. 3. Commissioner. "Commissioner" means the
commissioner of labor and industry or the commissioner's designee.
Subd. 4. Coordinator. "Coordinator" means the
meatpacking industry worker rights coordinator or the coordinator's designee.
Subd. 5. Meat-processing
worker. "Meat-processing
worker" or "worker" means any individual who a meat‑processing
employer suffers or permits to work directly in contact with raw meatpacking
products in a meatpacking operation, including independent contractors and
persons performing work for an employer through a
temporary service or staffing
agency. Workers in a meatpacking
operation who inspect or package meatpacking products and workers who clean,
maintain, or sanitize equipment or surfaces are included in the definition of a
meat‑processing worker. Meat-processing
worker does not include a federal, state, or local government inspector.
Subd. 6. Meatpacking
operation. "Meatpacking
operation" or "meat-processing employer" means a meatpacking or
poultry processing site with 100 or more employees in Minnesota and a North
American Industrial Classification system (NAICS) code of 311611 to 311615,
excluding NAICS code 311613. Meatpacking
operation or meat-processing employer does not mean a grocery store, butcher
shop, meat market, deli, restaurant, or other business preparing meatpacking
products for immediate consumption or for sale in a retail establishment or
otherwise directly to an end-consumer.
Subd. 7. Meatpacking
products. "Meatpacking
products" means meat food products and poultry food products as defined in
section 31A.02, subdivision 10.
Sec. 3. [179.8715]
WORKER RIGHTS COORDINATOR.
(a) The commissioner
must appoint a meatpacking industry worker rights coordinator in the Department
of Labor and Industry and provide the coordinator with necessary office space,
furniture, equipment, supplies, and assistance.
(b) The commissioner
must enforce sections 179.87 to 179.8757, including inspecting, reviewing, and
recommending improvements to the practices and procedures of meatpacking
operations in Minnesota. A meat‑processing
employer must grant the commissioner full access to all meatpacking operations
in this state at any time that meatpacking products are being processed or
meat-processing workers are on the job.
(c) No later than December 1 each year, beginning December 1, 2024, the coordinator must submit a report to the governor and the chairs and ranking minority members of the legislative committees with jurisdiction over labor. The report must include recommendations to promote better treatment of meat-processing workers. The coordinator shall also post the report on the Department of Labor and Industry's website.
Sec. 4. [179.872]
REFUSAL TO WORK UNDER DANGEROUS CONDITIONS.
A meat-processing worker
has the right to refuse to work under dangerous conditions in accordance with
section 182.654, subdivision 11. Pursuant
to section 182.654, subdivision 11, the worker shall continue to receive pay
and shall not be subject to discrimination.
Sec. 5. [179.875]
ENFORCEMENT AND COMPLIANCE.
Subdivision 1. Administrative
enforcement. The
commissioner, either on the commissioner's initiative or in response to a
complaint, may inspect a meatpacking operation and subpoena records and
witnesses as provided in sections 175.20, 177.27, and 182.659. If a meat-processing employer does not comply
with the commissioner's inspection, the commissioner may seek relief as
provided in this section or chapter 175 or 182.
Subd. 2. Compliance
authority. The commissioner
may issue a compliance order under section 177.27, subdivision 4, requiring an
employer to comply with sections 179.8755, paragraphs (b) and (c); 179.8756,
subdivisions 1 to 3 and 4, paragraphs (f) and (g); and 179.8757. The commissioner also has authority, pursuant
to section 182.662, subdivision 1, to issue a stop-work or business-closure
order when there is a condition or practice that could result in death or
serious physical harm.
Subd. 3. Private
civil action. If a
meat-processing employer does not comply with a provision in sections 179.87 to
179.8757, an aggrieved worker, authorized employee representative, or other
person may bring a civil action in a court of competent jurisdiction within
three years of an alleged violation and, upon prevailing, must be awarded the
relief provided in this section. Pursuing
administrative relief is not a prerequisite for bringing a civil action.
Subd. 4. Other government enforcement. The attorney general may enforce sections 179.87 to 179.8757 under section 8.31.
Subd. 5. Relief. (a) In a civil action or administrative
proceeding brought to enforce sections 179.87 to 179.8757, the court or
commissioner must order relief as provided in this subdivision.
(b) For any violation of
sections 179.87 to 179.8757:
(1) an injunction to
order compliance and restrain continued violations;
(2) payment to a
prevailing worker by a meat-processing employer of reasonable costs,
disbursements, and attorney fees; and
(3) a civil penalty
payable to the state of not less than $100 per day per worker affected by the
meat-processing employer's noncompliance with sections 179.87 to 179.8757.
(c) Any worker who
brings a complaint under sections 179.87 to 179.8757 and suffers retaliation is
entitled to treble damages in addition to lost pay and recovery of attorney
fees and costs.
(d) Any company who is
found to have retaliated against a meat-processing worker must pay a fine of up
to $10,000 to the commissioner, in addition to other penalties available under
the law.
Subd. 6. Whistleblower
enforcement; penalty distribution. (a)
The relief provided in this section may be recovered through a private civil
action brought on behalf of the commissioner in a court of competent
jurisdiction by another individual, including an authorized employee
representative, pursuant to this subdivision.
(b) The individual must
give written notice to the coordinator of the specific provision or provisions
of sections 179.87 to 179.8757 alleged to have been violated. The individual or representative organization
may commence a civil action under this subdivision if no enforcement action is
taken by the commissioner within 30 days.
(c) Civil penalties
recovered pursuant to this subdivision must be distributed as follows:
(1) 70 percent to the
commissioner for enforcement of sections 179.87 to 179.8757; and
(2) 30 percent to the
individual or authorized employee representative.
(d) The right to bring
an action under this subdivision shall not be impaired by private contract. A public enforcement action must be tried
promptly, without regard to concurrent adjudication of a private claim for the
same alleged violation.
Sec. 6. [179.8755]
RETALIATION AGAINST EMPLOYEES AND WHISTLEBLOWERS PROHIBITED.
(a) Pursuant to section
182.669, no meat-processing employer or other person may discharge or
discriminate against a worker because the worker has raised a concern about a
meatpacking operation's health and safety practices to the employer or
otherwise exercised any right authorized under sections 182.65 to 182.674.
(b) No meat-processing
employer or other person may attempt to require any worker to sign a contract
or other agreement that would limit or prevent the worker from disclosing
information about workplace health and safety practices or hazards, or to otherwise
abide by a workplace policy that would limit or prevent such disclosures. Any such agreements or policies are hereby
void and unenforceable as contrary to the public policy of this state. An employer's attempt to impose such a
contract, agreement, or policy shall constitute an adverse action enforceable
under section 179.875.
(c) Reporting or
threatening to report a meat-processing worker's suspected citizenship or
immigration status, or the suspected citizenship or immigration status of a
family member of the worker, to a federal, state, or local agency because the
worker exercises a right under sections 179.87 to 179.8757 constitutes an
adverse action for purposes of establishing a violation of that worker's rights. For purposes of this paragraph, "family
member" means a spouse, parent, sibling, child, uncle, aunt, niece, nephew,
cousin, grandparent, or grandchild related by blood, adoption, marriage, or
domestic partnership.
Sec. 7. [179.8756]
MEATPACKING WORKER CHRONIC INJURIES AND WORKPLACE SAFETY.
Subdivision 1. Facility
committee. (a) The
meat-processing employer's ergonomics program under section 182.677,
subdivision 2, must be developed and implemented by a committee of individuals
who are knowledgeable of the tasks and work processes performed by workers at
the employer's facility. The committee
must include:
(1) a certified
professional ergonomist;
(2) a licensed,
board-certified physician, with preference given to a physician who has
specialized experience and training in occupational medicine; and
(3) at least three
workers employed in the employer's facility who have completed a general
industry outreach course approved by the commissioner, one of whom must be an
authorized employee representative if the employer is party to a collective
bargaining agreement.
(b) If it is not
practicable for a certified professional ergonomist or a licensed,
board-certified physician to be a member of the committee required by paragraph
(a), the meatpacking employer must have their safe-worker program reviewed by a
certified professional ergonomist and a licensed, board-certified physician
prior to implementation of the program and annually thereafter.
Subd. 2. New
task and annual safety training. (a)
Meat-processing employers must provide every worker who is assigned a new task
if the worker has no previous work experience with training on how to safely
perform the task, the ergonomic and other hazards associated with the task, and
training on the early signs and symptoms of musculoskeletal injuries and the
procedures for reporting them. The
employer must give a worker an opportunity within 30 days of receiving the new
task training to receive refresher training on the topics covered in the new
task training. The employer must provide
this training in a language and with vocabulary that the employee can
understand.
(b) Meat-processing
employers must provide each worker with no less than eight hours of safety
training each year. This annual training
must address health and safety topics that are relevant to the establishment
and the worker's job assignment, such as cuts, lacerations, amputations,
machine guarding, biological hazards,
lockout/tagout, hazard
communication, ergonomic hazards, and personal protective equipment. At least two of the eight hours of annual
training must be on topics related to the facility's ergonomic injury
prevention program, including the assessment of surveillance data, the
ergonomic hazard prevention and control plan, and the early signs and symptoms
of musculoskeletal disorders and the procedures for reporting them. The employer must provide this training in a
language and with vocabulary that the employee can understand.
Subd. 3. Medical
services and qualifications. (a)
Meat-processing employers must ensure that:
(1) all first-aid
providers, medical assistants, nurses, and physicians engaged by the employer
are licensed and perform their duties within the scope of their licensed practice;
(2) medical management of
musculoskeletal disorders is under direct supervision of a licensed physician
specializing in occupational medicine who will advise on best practices for
management and prevention of work‑related musculoskeletal disorders; and
(3) medical management of
musculoskeletal injuries follows the most current version of the American
College of Occupational and Environmental Medicine practice guidelines.
(b) The coordinator may
compile, analyze, and publish annually, either in summary or detailed form, all
reports or information obtained under sections 179.87 to 179.8757, including
information about ergonomics programs, and may cooperate with the United States
Department of Labor in obtaining national summaries of occupational deaths,
injuries, and illnesses. The coordinator
and authorized employee representative must preserve the anonymity of each
employee with respect to whom medical reports or information is obtained.
(c) Meat-processing
employers must not institute or maintain any program, policy, or practice that
discourages employees from reporting injuries, hazards, or safety standards
violations.
Subd. 4. Pandemic
protections. (a) This
subdivision applies during a peacetime public health emergency declared under
section 12.31, subdivision 2, that involves airborne transmission.
(b) Meat-processing
employers must maintain a radius of space around and between each worker
according to the Centers for Disease Control and Prevention guidelines unless a
nonporous barrier separates the workers.
An employer may accomplish such distancing by increasing physical space
between workstations, slowing production speeds, staggering shifts and breaks,
adjusting shift size, or a combination thereof.
The employer must reconfigure common or congregate spaces to allow for
such distancing, including lunch rooms, break rooms, and locker rooms. The employer must reinforce social distancing
by allowing workers to maintain six feet of distance along with the use of
nonporous barriers.
(c) Meat-processing
employers must provide employees with face masks and must make face shields
available on request. Face masks,
including replacement face masks, and face shields must be provided at no cost
to the employee. All persons present at
the meatpacking operation must wear face masks in the facility except in those
parts of the facility where infection risk is low because workers work in
isolation.
(d) Meat-processing
employers must provide all meat-processing workers with the ability to
frequently and routinely sanitize their hands with either hand-washing or
hand-sanitizing stations. The employer
must ensure that restrooms have running hot and cold water and paper towels and
are in sanitary condition. The employer
must provide gloves to those who request them.
(e) Meat-processing
employers must clean and regularly disinfect all frequently touched surfaces in
the workplace, such as workstations, training rooms, machinery controls, tools,
protective garments, eating surfaces, bathrooms, showers, and other similar
areas. Employers must install and
maintain ventilation systems that ensure unidirectional air flow, outdoor air,
and filtration in both production areas and common areas such as cafeterias and
locker rooms.
(f) Meat-processing employers
must disseminate all required communications, notices, and any published
materials regarding these protections in English, Spanish, and other languages
as required for employees to understand the communication.
(g) Consistent with
sections 177.253 and 177.254, meat-processing employers must provide adequate
break time for workers to use the bathroom, wash their hands, and don and doff
protective equipment. Nothing in this
subdivision relieves an employer of its obligation to comply with federal and
state wage and hour laws.
(h) Meat-processing
employers must provide sufficient personal protective equipment for each
employee for each shift, plus replacements, at no cost to the employee. Meat-processing employers must provide
training in proper use of personal protective equipment, safety procedures, and
sanitation.
(i) Meat-processing
employers must record all injuries and illnesses in the facility and make these
records available upon request to the health and safety committee. The name, contact information, and occupation
of an employee, and any other information that would reveal the identity of an
employee, must be removed. The redacted
records must only include, to the extent it would not reveal the identity of an
employee, the location where the employee worked, the date of the injury or
visit, a description of the medical treatment or first aid provided, and a
description of the injury suffered. The
employer also must make its records available to the commissioner, and where
there is a collective bargaining agreement, to the authorized bargaining
representative.
(j) Except for
paragraphs (f) and (g), this subdivision shall be enforced by the commissioner
under sections 182.66 and 182.661. A
violation of this subdivision is subject to the penalties provided under
section 182.666. Paragraphs (f) and (g)
are enforceable by the commissioner as described in section 179.875,
subdivision 2.
(k) The entirety of this
subdivision may also be enforced as described in section 179.875, subdivisions
3 to 6.
EFFECTIVE DATE. This section is effective January 1, 2024, except
subdivision 4, which is effective July 1, 2023.
Sec. 8. [179.8757]
NOTIFICATION REQUIRED.
(a) Meat-processing
employers must provide written information and notifications about employee
rights under section 179.86 and sections 179.87 to 179.8757 to workers in their
language of fluency at least annually. If
a worker is unable to understand written information and notifications, the
employer must provide such information and notices orally in the worker's
language of fluency.
(b) The coordinator must
notify covered employers of the provisions of sections 179.87 to 179.8757 and
any recent updates at least annually.
(c) The coordinator must
place information explaining sections 179.87 to 179.8757 on the Department of
Labor and Industry's website in at least English, Spanish, and any other
language that at least ten percent of meat‑processing workers communicate
in fluently. The coordinator must also
make the information accessible to persons with impaired visual acuity.
EFFECTIVE DATE. This
section is effective January 1, 2024.
Sec. 9. Minnesota Statutes 2022, section 182.654, subdivision 11, is amended to read:
Subd. 11. Refusal to work under dangerous conditions. An employee acting in good faith has the right to refuse to work under conditions which the employee reasonably believes present an imminent danger of death or serious physical harm to the employee.
A reasonable belief of imminent danger of death or serious physical harm includes but is not limited to a reasonable belief of the employee that the employee has been assigned to work in an unsafe or unhealthful manner with a hazardous substance, harmful physical agent or infectious agent.
An employer may not discriminate against an employee for a good faith refusal to perform assigned tasks if the employee has requested that the employer correct the hazardous conditions but the conditions remain uncorrected.
An employee who has refused in good faith to perform assigned tasks and who has not been reassigned to other tasks by the employer shall, in addition to retaining a right to continued employment, receive pay for the tasks which would have been performed if (1) the employee requests the commissioner to inspect and determine the nature of the hazardous condition, and (2) the commissioner determines that the employee, by performing the assigned tasks, would have been placed in imminent danger of death or serious physical harm.
Additionally, an
administrative law judge may order, in addition to the relief found in section
182.669:
(1) reinstatement of the
worker to the same position held before any adverse personnel action or to an
equivalent position; reinstatement of full fringe benefits and seniority
rights; compensation for unpaid wages, benefits, and other remuneration; or front
pay in lieu of reinstatement; and
(2) compensatory damages
payable to the aggrieved worker equal to the greater of $5,000 or twice the
actual damages, including unpaid wages, benefits, and other remuneration and
punitive damages.
ARTICLE 6
COVENANTS NOT TO COMPETE
Section 1. [181.988]
COVENANTS NOT TO COMPETE VOID IN EMPLOYMENT AGREEMENTS; SUBSTANTIVE PROTECTIONS
OF MINNESOTA LAW APPLY.
Subdivision 1. Definitions. (a) "Covenant not to
compete" means an agreement between an employee and employer that
restricts the employee, after termination of the employment, from performing:
(1) work for another
employer for a specified period of time;
(2) work in a specified
geographical area; or
(3) work for another
employer in a capacity that is similar to the employee's work for the employer
that is party to the agreement.
A covenant not to compete does not include a
nondisclosure agreement, or agreement designed to protect trade secrets or
confidential information. A covenant not
to compete does not include a nonsolicitation agreement, or agreement
restricting the ability to use client or contact lists, or solicit customers of
the employer.
(b) "Employer"
means any individual, partnership, association, corporation, business, trust,
or any person or group of persons acting directly or indirectly in the interest
of an employer in relation to an employee.
(c) "Employee"
as used in this section means any individual who performs services for an
employer, including independent contractors.
(d) "Independent
contractor" means any individual whose employment is governed by a
contract and whose compensation is not reported to the Internal Revenue Service
on a W-2 form. For purposes of this
section, independent contractor also includes any corporation, limited
liability corporation, partnership, or other corporate entity when an employer
requires an individual to form such an organization for purposes of entering
into a contract for services as a condition of receiving compensation under an
independent contractor agreement.
Subd. 2. Covenants
not to compete void and unenforceable.
(a) Any covenant not to compete contained in a contract or
agreement is void and unenforceable.
(b) Notwithstanding
paragraph (a), a covenant not to compete is valid and enforceable if:
(1) the covenant not to
compete is agreed upon during the sale of a business. The person selling the business and the
partners, members, or shareholders, and the buyer of the business may agree on
a temporary and geographically restricted covenant not to compete that will
prohibit the seller of the business from carrying on a similar business within
a reasonable geographic area and for a reasonable length of time; or
(2) the covenant not to
compete is agreed upon in anticipation of the dissolution of a business. The partners, members, or shareholders, upon
or in anticipation of a dissolution of a partnership, limited liability
company, or corporation may agree that all or any number of the parties will
not carry on a similar business within a reasonable geographic area where the
business has been transacted.
(c) Nothing in this
subdivision shall be construed to render void or unenforceable any other
provisions in a contract or agreement containing a void or unenforceable
covenant not to compete.
(d) In addition to
injunctive relief and any other remedies available, a court may award an
employee who is enforcing rights under this section reasonable attorney fees.
Subd. 3. Choice
of law; venue. (a) An
employer must not require an employee who primarily resides and works in
Minnesota, as a condition of employment, to agree to a provision in an
agreement or contract that would do either of the following:
(1) require the employee
to adjudicate outside of Minnesota a claim arising in Minnesota; or
(2) deprive the employee
of the substantive protection of Minnesota law with respect to a controversy
arising in Minnesota.
(b) Any provision of a
contract or agreement that violates paragraph (a) is voidable at any time by
the employee and if a provision is rendered void at the request of the
employee, the matter shall be adjudicated in Minnesota and Minnesota law shall
govern the dispute.
(c) In addition to
injunctive relief and any other remedies available, a court may award an
employee who is enforcing rights under this section reasonable attorney fees.
(d) For purposes of this
section, adjudication includes litigation and arbitration.
(e) This subdivision
applies only to claims arising under this section.
EFFECTIVE DATE. This
section is effective July 1, 2023, and applies to contracts and agreements
entered into on or after that date.
ARTICLE 7
BUILDING AND CONSTRUCTION CONTRACTS
Section 1. Minnesota Statutes 2022, section 15.71, is amended by adding a subdivision to read:
Subd. 1a. Indemnification
agreement. "Indemnification
agreement" means an agreement by the promisor to indemnify, defend, or
hold harmless the promisee against liability or claims of liability for damages
arising out of bodily injury to persons or out of physical damage to tangible
or real property.
Sec. 2. Minnesota Statutes 2022, section 15.71, is amended by adding a subdivision to read:
Subd. 1b. Promisee. "Promisee" includes that
party's independent contractors, agents, employees, or indemnitees.
Sec. 3. Minnesota Statutes 2022, section 15.72, is amended by adding a subdivision to read:
Subd. 3. Unenforceability
of certain agreements. (a) An
indemnification agreement contained in, or executed in connection with, a
contract for a public improvement is unenforceable except to the extent that:
(1) the underlying
injury or damage is attributable to the negligent or otherwise wrongful act or
omission, including breach of a specific contractual duty, of the promisor or
the promisor's independent contractors, agents, employees, or delegatees; or
(2) an owner, a
responsible party, or a governmental entity agrees to indemnify a contractor
directly or through another contractor with respect to strict liability under
environmental laws.
(b) A provision in a
public building or construction contract that requires a party to provide
insurance coverage to one or more other parties, including third parties, for
the negligence or intentional acts or omissions of any of those other parties,
including third parties, is against public policy and is void and
unenforceable.
(c) Paragraph (b) does
not affect the validity of a provision that requires a party to provide or
obtain workers' compensation insurance, construction performance or payment
bonds, builder's risk policies, owner or contractor‑controlled insurance
programs or policies, or project-specific insurance for claims arising out of
the promisor's negligent acts or omissions or the negligent acts or omissions
of the promisor's independent contractors, agents, employees, or delegatees.
(d) Paragraph (b) does
not affect the validity of a provision that requires the promisor to provide or
obtain insurance coverage for the promisee's vicarious liability, or liability
imposed by warranty, arising out of the acts or omissions of the promisor.
(e) Paragraph (b) does
not apply to building and construction contracts for work within 50 feet of
public or private railroads, or railroads regulated by the Federal Railroad
Administration.
Sec. 4. Minnesota Statutes 2022, section 337.01, subdivision 3, is amended to read:
Subd. 3. Indemnification agreement. "Indemnification agreement" means an agreement by the promisor to indemnify, defend, or hold harmless the promisee against liability or claims of liability for damages arising out of bodily injury to persons or out of physical damage to tangible or real property.
Sec. 5. Minnesota Statutes 2022, section 337.05, subdivision 1, is amended to read:
Subdivision 1. Agreements valid. (a) Except as otherwise provided in paragraph (b), sections 337.01 to 337.05 do not affect the validity of agreements whereby a promisor agrees to provide specific insurance coverage for the benefit of others.
(b) A provision that requires a party to provide insurance coverage to one or more other parties, including third parties, for the negligence or intentional acts or omissions of any of those other parties, including third parties, is against public policy and is void and unenforceable.
(c) Paragraph (b) does not
affect the validity of a provision that requires a party to provide or obtain
workers' compensation insurance, construction performance or payment bonds, or
project-specific insurance, including, without limitation, builder's risk
policies or owner or contractor-controlled insurance programs or policies builder's
risk policies, owner or contractor-controlled insurance programs or policies,
or project-specific insurance for claims arising out of the promisor's
negligent acts or omissions or the negligent acts or omissions of the
promisor's independent contractors, agents, employees, or delegatees.
(d) Paragraph (b) does not affect the validity of a provision that requires the promisor to provide or obtain insurance coverage for the promisee's vicarious liability, or liability imposed by warranty, arising out of the acts or omissions of the promisor.
(e) Paragraph (b) does not apply to building and construction contracts for work within 50 feet of public or private railroads, or railroads regulated by the Federal Railroad Administration.
Sec. 6. EFFECTIVE
DATE.
Sections 1 to 5 are
effective the day following final enactment and apply to agreements entered
into on or after that date.
ARTICLE 8
PUBLIC EMPLOYMENT RELATIONS BOARD
Section 1. Minnesota Statutes 2022, section 13.43, subdivision 6, is amended to read:
Subd. 6. Access
by labor organizations, Bureau of Mediation Services, Public Employment
Relations Board. Personnel data
may be disseminated to labor organizations and the Public Employment
Relations Board to the extent that the responsible authority determines
that the dissemination is necessary to conduct elections, notify employees of
fair share fee assessments, and implement the provisions of chapters 179 and
179A. Personnel data shall be
disseminated to labor organizations, the Public Employment Relations Board,
and to the Bureau of Mediation Services to the extent the dissemination
is ordered or authorized by the commissioner of the Bureau of Mediation
Services or the Public Employment Relations Board or its employees or agents.
Sec. 2. [13.7909]
PUBLIC EMPLOYMENT RELATIONS BOARD DATA.
Subdivision 1. Definition. For purposes of this section,
"board" means the Public Employment Relations Board.
Subd. 2. Charge
and complaint data. (a)
Except as provided in paragraphs (b) and (c), all data maintained by the board
about a charge of unfair labor practices and appeals of determinations of the
commissioner under section 179A.12, subdivision 11, are classified as protected
nonpublic data or confidential data prior to being admitted into evidence at a
hearing conducted pursuant to section 179A.13.
Data that are admitted into evidence at a hearing conducted pursuant to
section 179A.13 are public unless subject to a protective order as determined
by the board or a hearing officer.
(b) Statements by
individuals that are provided to the board are private data on individuals, as
defined by section 13.02, subdivision 12, prior to being admitted into evidence
at a hearing conducted pursuant to section 179A.13, and become public once
admitted into evidence.
(c) The following data
are public at all times:
(1) the filing date of
unfair labor practice charges;
(2) the status of unfair labor
practice charges as an original or amended charge;
(3) the names and job
classifications of charging parties and charged parties;
(4) the provisions of
law alleged to have been violated in unfair labor practice charges;
(5) the complaint issued
by the board; and
(6) unless subject to a
protective order:
(i) the full and
complete record of an evidentiary hearing before a hearing officer, including
the hearing transcript, exhibits admitted into evidence, and posthearing
briefs;
(ii) recommended decisions and orders of hearing officers pursuant to
section 179A.13, subdivision 1, paragraph (i);
(iii) exceptions to the
hearing officer's recommended decision and order filed with the board pursuant
to section 179A.13, subdivision 1, paragraph (k);
(iv) party and nonparty
briefs filed with the board; and
(v) decisions and orders
issued by the board.
(d) The board may make
any data classified as private, protected nonpublic, or confidential pursuant
to this subdivision accessible to any person or party if the access will aid
the implementation of chapters 179 and 179A or ensure due process protection of
the parties.
Sec. 3. Minnesota Statutes 2022, section 179A.041, is amended by adding a subdivision to read:
Subd. 10. Open
Meeting Law; exceptions. Chapter
13D does not apply to meetings of the board when it is deliberating on the
merits of unfair labor practice charges under sections 179.11, 179.12, and
179A.13; reviewing a recommended decision and order of a hearing officer under
section 179A.13; or reviewing decisions of the commissioner of the Bureau of
Mediation Services relating to unfair labor practices under section 179A.12,
subdivision 11.
EFFECTIVE DATE. This
section is effective the day following final enactment.
ARTICLE 9
WAREHOUSE WORKERS
Section 1. [182.6526]
WAREHOUSE DISTRIBUTION WORKER SAFETY.
Subdivision 1. Definitions. (a) The terms defined in this
subdivision have the meanings given.
(b) "Aggregated
employee work speed data" means a compilation of employee work speed data
for multiple employees, in summary form, assembled in full or in another form
such that the data cannot be identified with any individual.
(c)
"Commissioner" means the commissioner of labor and industry.
(d)(1) Except as
provided in clause (2), "employee" means an employee who works at a
warehouse distribution center.
(2) For the purposes of
subdivisions 2, 3, and 4 only, "employee" means a nonexempt employee
performing warehouse work occurring on the property of a warehouse distribution
center and does not include a nonexempt employee performing solely manufacturing,
administrative, sales, accounting, human resources, or driving work at or to
and from a warehouse distribution center.
(e) "Employee work
speed data" means information an employer collects, stores, analyzes, or
interprets relating to an individual employee's performance of a quota,
including but not limited to quantities of tasks performed, quantities of items
or materials handled or produced, rates or speeds of tasks performed,
measurements or metrics of employee performance in relation to a quota, and
time categorized as performing tasks or not performing tasks. Employee work speed data does not include
itemized earnings statements pursuant to chapter 181, except for any content of
those records that includes employee work speed data as defined in this
paragraph.
(f) "Employer"
means a person who directly or indirectly, or through an agent or any other
person, including through the services of a third-party employer, temporary
service, or staffing agency or similar entity, employs or exercises control over
the wages, hours, or working conditions of 250 or more employees at a single
warehouse distribution center or 1,000 or more employees at one or more
warehouse distribution centers in the state.
For purposes of this paragraph, all employees of an employer's unitary
business, as defined in section 290.17, subdivision 4, shall be counted in
determining the number of employees employed at a single warehouse distribution
center or at one or more warehouse distribution centers in the state.
(g) "Warehouse
distribution center" means an establishment as defined by any of the
following North American Industry Classification System (NAICS) codes:
(1) 493110 for General
Warehousing and Storage;
(2) 423 for Merchant
Wholesalers, Durable Goods;
(3) 424 for Merchant
Wholesalers, Nondurable Goods;
(4) 454110 for
Electronic Shopping and Mail-Order Houses; and
(5) 492110 for Couriers
and Express Delivery Services.
(h) "Quota"
means a work standard under which:
(1) an employee or group
of employees is assigned or required to perform at a specified productivity
speed, or perform a quantified number of tasks, or handle or produce a
quantified amount of material, or perform without a certain number of errors or
defects, as measured at the individual or group level within a defined time
period; or
(2) an employee's
actions are categorized and measured between time performing tasks and not
performing tasks, and the employee's failure to complete a task performance
standard may have an adverse impact on the employee's continued employment.
Subd. 2. Written
description required. (a)
Each employer shall provide to each employee a written description of each
quota to which the employee is subject and how it is measured, including the
quantified number of tasks to be performed or materials to be produced or
handled or the limit on time categorized as not performing tasks, within the
defined time period, and any potential adverse employment action that could
result from failure to meet the quota.
(b) The written
description must be understandable in plain language and in the language
identified by each employee as the primary language of that employee.
(c) The written description
must be provided:
(1) upon hire or within
30 days of the effective date of this section; and
(2) no fewer than one
working day prior to the effective date of any increase of an existing quota
and no later than the time of implementation for any decrease of an existing
quota.
(d) An employer shall
not take adverse employment action against an employee for failure to meet a
quota that has not been disclosed to the employee.
Subd. 3. Breaks. An employee shall not be required to
meet a quota that prevents compliance with meal or rest or prayer periods; use
of restroom facilities, including reasonable travel time to and from restroom
facilities as provided under section 177.253, subdivision 1; or occupational
health and safety standards under this chapter or Minnesota Rules, chapter 5205. An employer shall not take adverse employment
action against an employee for failure to meet a quota that does not allow a
worker to comply with meal or rest or prayer periods or occupational health and
safety standards under this chapter.
Subd. 4. Employee
work speed data. (a)
Employees have the right to request orally or in writing from their direct
supervisor or another representative designated by the employer, and the
employer shall provide within four business days: (1) a written description of each quota to
which the employee is subject; (2) a copy of the most recent 90 days of the
employee's own personal employee work speed data; and (3) a copy of the most
recent 90 days of aggregated employee work speed data for similar employees at
the same work site.
The written description of each quota must
meet the requirements of subdivision 2, paragraph (b), and the employee work
speed data must be provided in a manner understandable to the employee. An employee may make a request under this
paragraph no more than four times per year.
(b) If an employer
disciplines an employee for failure to meet a quota, the employer must, at the
time of discipline, provide the employee with a written copy of the most recent
90 days of the employee's own personal employee work speed data. If an employer dismisses an employee for any
reason, they must, at the time of firing, provide the employee with a written
copy of the most recent 90 days of the employee's own personal employee work
speed data. An employer shall not
retaliate against an employee for requesting data under this subdivision. Discipline means taking a formal action,
documented in writing, and does not mean conversations surrounding performance
improvement or training. An employer
must formally document any disciplinary action.
Subd. 5. High
rates of injury. If a
particular work site or employer is found to have an employee incidence rate in
a given year, based on data reported to the federal Occupational Safety and
Health Administration, of at least 30 percent higher than that year's average
incidence rate for the relevant NAICS codes, the commissioner shall open an
investigation of violations under this section.
The employer must also hold its safety committee meetings as provided
under section 182.676 monthly until, for two consecutive years, the work site
or employer does not have an employee incidence rate 30 percent higher than the
average yearly incidence rate for the relevant NAICS code.
Subd. 6. Enforcement. (a) Subdivisions 2, paragraphs (a) to
(c), 4, and 5 shall be enforced by the commissioner under sections 182.66,
182.661, and 182.669. A violation of
this section is subject to the penalties provided under sections 182.666 and
182.669.
(b) A current or former
employee aggrieved by a violation of this section may bring a civil cause of
action for damages and injunctive relief to obtain compliance with this
section; may receive other equitable relief as determined by a court, including
reinstatement with back pay; and may, upon prevailing in the action, recover
costs and reasonable attorney fees in that action. A cause of action under this section must be
commenced within one year of the date of the violation.
(c) Nothing in this section
shall be construed to prevent local enforcement of occupational health and
safety standards that are more restrictive than this section.
EFFECTIVE DATE. This
section is effective August 1, 2023.
ARTICLE 10
CONSTRUCTION WORKER WAGE PROTECTIONS
Section 1. Minnesota Statutes 2022, section 177.27, subdivision 1, is amended to read:
Subdivision 1. Examination of records. The commissioner may enter during reasonable office hours or upon request and inspect the place of business or employment of any employer of employees working in the state, to examine and inspect books, registers, payrolls, and other records of any employer that in any way relate to wages, hours, and other conditions of employment of any employees. The commissioner may transcribe any or all of the books, registers, payrolls, and other records as the commissioner deems necessary or appropriate and may question the employees to ascertain compliance with sections 177.21 to 177.435 and 181.165. The commissioner may investigate wage claims or complaints by an employee against an employer if the failure to pay a wage may violate Minnesota law or an order or rule of the department.
Sec. 2. Minnesota Statutes 2022, section 177.27, subdivision 4, is amended to read:
Subd. 4. Compliance
orders. The commissioner may issue
an order requiring an employer to comply with sections 177.21 to 177.435,
181.02, 181.03, 181.031, 181.032, 181.101, 181.11, 181.13, 181.14, 181.145,
181.15, 181.165, 181.172, paragraph (a) or (d), 181.275, subdivision 2a,
181.722, 181.79, and 181.939 to 181.943, or with any rule promulgated under
section 177.28. The commissioner shall
issue an order requiring an employer to comply with sections 177.41 to 177.435 or
181.165 if the violation is repeated.
For purposes of this subdivision only, a violation is repeated if at any
time during the two years that preceded the date of violation, the commissioner
issued an order to the employer for violation of sections 177.41 to 177.435 or
181.165 and the order is final or the commissioner and the employer have
entered into a settlement agreement that required the employer to pay back
wages that were required by sections 177.41 to 177.435. The department shall serve the order upon the
employer or the employer's authorized representative in person or by certified
mail at the employer's place of business.
An employer who wishes to contest the order must file written notice of
objection to the order with the commissioner within 15 calendar days after
being served with the order. A contested
case proceeding must then be held in accordance with sections 14.57 to 14.69 or
181.165. If, within 15 calendar days
after being served with the order, the employer fails to file a written notice
of objection with the commissioner, the order becomes a final order of the
commissioner. For the purposes of
this subdivision, an employer includes a contractor that has assumed a
subcontractor's liability within the meaning of section 181.165.
Sec. 3. Minnesota Statutes 2022, section 177.27, subdivision 8, is amended to read:
Subd. 8. Court actions; suits brought by private parties. An employee may bring a civil action seeking redress for a violation or violations of sections 177.21 to 177.44 and 181.165 directly to district court. An employer who pays an employee less than the wages and overtime compensation to which the employee is entitled under sections 177.21 to 177.44 or a contractor that has assumed a subcontractor's liability as required by section 181.165, is liable to the employee for the full amount of the wages, gratuities, and overtime compensation, less any amount the employer or contractor is able to establish was actually paid to the employee and for an additional equal amount as liquidated damages. In addition, in an action under this subdivision the employee may seek damages and other appropriate relief provided by subdivision 7 and otherwise provided by law. An agreement between the employee and the employer to work for less than the applicable wage is not a defense to the action.
Sec. 4. Minnesota Statutes 2022, section 177.27, subdivision 9, is amended to read:
Subd. 9. District court jurisdiction. Any action brought under subdivision 8 may be filed in the district court of the county wherein a violation or violations of sections 177.21 to 177.44 or 181.165 are alleged to have been committed, where the respondent resides or has a principal place of business, or any other court of competent jurisdiction. The action may be brought by one or more employees.
Sec. 5. Minnesota Statutes 2022, section 177.27, subdivision 10, is amended to read:
Subd. 10. Attorney fees and costs. In any action brought pursuant to subdivision 8, the court shall order an employer who is found to have committed a violation or violations of sections 177.21 to 177.44 or 181.165 to pay to the employee or employees reasonable costs, disbursements, witness fees, and attorney fees.
Sec. 6. [181.165]
WAGE PROTECTION; CONSTRUCTION WORKERS.
Subdivision 1. Definitions. (a) For purposes of this section, the
following terms have the meanings given.
(b) "Claimant"
means any person claiming unpaid wages, fringe benefits, penalties, or
resulting liquidated damages that are owed as required by law, including any
applicable statute, regulation, rule, ordinance, government resolution or
policy, contract, or other legal authority.
(c)
"Commissioner" refers to the commissioner of labor and industry.
(d) "Construction
contract" means a written or oral agreement for the construction,
reconstruction, erection, alteration, remodeling, repairing, maintenance,
moving, or demolition of any building, structure, or improvement, or relating
to the excavation of or development or improvement to land. For purposes of this section, a construction
contract shall not include a home improvement contract for the performance of a
home improvement between a home improvement contractor and the owner of an
owner-occupied dwelling, and a home construction contract for one- or
two-family dwelling units except where such contract or contracts results in
the construction of more than ten one- or two-family owner-occupied dwellings
at one project site annually.
(e)
"Contractor" means any person, firm, partnership, corporation,
association, company, organization, or other entity, including a construction
manager, general or prime contractor, joint venture, or any combination
thereof, along with their successors, heirs, and assigns, which enters into a
construction contract with an owner. An
owner shall be deemed a contractor and liable as such under this section if
said owner has entered into a construction contract with more than one contractor
or subcontractor on any construction site.
(f) "Owner"
means any person, firm, partnership, corporation, association, company,
organization, or other entity, or a combination of any thereof, with an
ownership interest, whether the interest or estate is in fee, as vendee under a
contract to purchase, as lessee or another interest or estate less than fee
that causes a building, structure, or improvement, new or existing, to be
constructed, reconstructed, erected, altered, remodeled, repaired, maintained,
moved, or demolished or that causes land to be excavated or otherwise developed
or improved.
(g)
"Subcontractor" means any person, firm, partnership, corporation,
company, association, organization or other entity, or any combination thereof,
that is a party to a contract with a contractor or party to a contract with the
contractor's subcontractors at any tier to perform any portion of work within
the scope of the contractor's construction contract with the owner, including
where the subcontractor has no direct privity of contract with the contractor. When the owner is deemed a contractor,
subcontractor also includes the owner's contractors.
Subd. 2. Assumption
of liability. (a) A
contractor entering into a construction contract shall assume and is liable for
any unpaid wages, fringe benefits, penalties, and resulting liquidated damages
owed to a claimant or third party acting on the claimant's behalf by a
subcontractor at any tier acting under, by, or for the contractor or its
subcontractors for the claimant's performance of labor.
(b) A contractor or any other
person shall not evade or commit any act that negates the requirements of this
section. No agreement by an employee or
subcontractor to indemnify a contractor or otherwise release or transfer
liability assigned to a contractor under this section shall be valid. However, if a contractor has satisfied unpaid
wage claims of an employee and incurred fees and costs in doing so, such
contractor may then pursue actual and liquidated damages from any subcontractor
who caused the contractor to incur those damages.
(c) A contractor shall
not evade liability under this section by claiming that a person is an
independent contractor rather than an employee of a subcontractor unless the
person meets the criteria required by section 181.723, subdivision 4.
Subd. 3. Enforcement. (a) In the case of a complaint filed
with the commissioner under section 177.27, subdivision 1, or a private civil
action by an employee under section 177.27, subdivision 8, such employee may
designate any person, organization, or collective bargaining agent authorized
to file a complaint with the commissioner or in court pursuant to this section
to make a wage claim on the claimant's behalf.
(b) In the case of an
action against a subcontractor, the contractor shall be jointly and severally
liable for any unpaid wages, benefits, penalties, and any other remedies
available pursuant to this section.
(c) Claims shall be
brought consistent with section 541.07, clause (5), for the initiation of such
claim under this section in a court of competent jurisdiction or the filing of
a complaint with the commissioner or attorney general. The provisions of this section do not
diminish, impair, or otherwise infringe on any other right of an employee to
bring an action or file a complaint against any employer.
Subd. 4. Payroll
records; data. (a) Within 15
days of a request by a contractor to a subcontractor, the subcontractor, and
any other subcontractors hired under contract to the subcontractor shall
provide payroll records, which, at minimum, contain all lawfully required
information for all workers providing labor on the project. The payroll records shall contain sufficient
information to apprise the contractor or subcontractor of such subcontractor's
payment of wages and fringe benefit contributions to a third party on the
workers' behalf. Payroll records shall
be marked or redacted to an extent only to prevent disclosure of the employee's
Social Security number.
(b) Within 15 days of a
request of a contractor or a contractor's subcontractor, any subcontractor that
performs any portion of work within the scope of the contractor's construction
contract with an owner shall provide:
(1) the names of all
employees and independent contractors of the subcontractor on the project,
including the names of all those designated as independent contractors and,
when applicable, the name of the contractor's subcontractor with whom the
subcontractor is under contract;
(2) the anticipated
contract start date;
(3) the scheduled
duration of work;
(4) when applicable,
local unions with which such subcontractor is a signatory contractor; and
(5) the name and
telephone number of a contact for the subcontractor.
(c) Unless otherwise
required by law, a contractor or subcontractor shall not disclose an
individual's personal identifying information to the general public, except
that the contractor or subcontractor can confirm that the individual works for
them and provide the individual's full name.
Subd. 5. Payments
to contractors and subcontractors. Nothing
in this section shall alter the owner's obligation to pay a contractor, or a
contractor's obligation to pay a subcontractor as set forth in section 337.10,
except as expressly permitted by this section.
Subd. 6. Exemptions. (a) Nothing in this section shall be
deemed to diminish the rights, privileges, or remedies of any employee under
any collective bargaining agreement. This
section shall not apply to any contractor or subcontractor that is a signatory
to a bona fide collective bargaining agreement with a building and construction
trade labor organization that: (1)
contains a grievance procedure that may be used to recover unpaid wages on
behalf of employees covered by the agreement; and (2) provides for collection
of unpaid contributions to fringe benefit trust funds established pursuant to
United States Code, title 29, section 186(c)(5)-(6), by or on behalf of such
trust funds.
(b) This section does
not apply to work for which prevailing wage rates apply under sections 177.41
to 177.44.
Sec. 7. Minnesota Statutes 2022, section 181.171, subdivision 4, is amended to read:
Subd. 4. Employer; definition. "Employer" means any person having one or more employees in Minnesota and includes the state or a contractor that has assumed a subcontractor's liability within the meaning of section 181.165 and any political subdivision of the state. This definition applies to this section and sections 181.02, 181.03, 181.031, 181.032, 181.06, 181.063, 181.10, 181.101, 181.13, 181.14, and 181.16.
Sec. 8. EFFECTIVE
DATE.
Sections 1 to 7 are
effective August 1, 2023, and apply to contracts or agreements entered into,
renewed, modified, or amended on or after that date.
ARTICLE 11
MISCELLANEOUS
Section 1. Minnesota Statutes 2022, section 13.43, subdivision 6, is amended to read:
Subd. 6. Access
by labor organizations. (a)
Personnel data may must be disseminated to labor organizations to
the extent that the responsible authority determines that the dissemination
is necessary to conduct elections, notify employees of fair share fee
assessments, investigate and process grievances, and implement the
provisions of chapters 179 and 179A. Personnel
data shall be disseminated to labor organizations and to the Bureau of
Mediation Services to the extent the dissemination is ordered or authorized by
the commissioner of the Bureau of Mediation Services. Employee Social Security numbers are not
necessary to implement the provisions of chapters 179 and 179A.
(b) Personnel data
described under section 179A.07, subdivision 8, must be disseminated to an
exclusive representative under the terms of that subdivision.
(c) An employer who
disseminates personnel data to a labor organization pursuant to this
subdivision shall not be subject to liability under section 13.08. Nothing in this paragraph shall impair or
limit any remedies available under section 325E.61.
(d) The home addresses,
nonemployer issued phone numbers and email addresses, dates of birth, and
emails or other communications between exclusive representatives and their
members, prospective members, and nonmembers are private data on individuals.
Sec. 2. [16A.1335]
EMPLOYEE SALARIES AND BENEFITS IN EVENT OF STATE GOVERNMENT SHUTDOWN.
Subdivision 1. Definition. As used in this section,
"government shutdown" means that, as of July 1 of an odd‑numbered
year, legislation appropriating money for the general operations of (1) an
executive agency, (2) an office or department of the legislature, including
each house of the legislature and the Legislative Coordinating Commission, or
(3) a judicial branch agency or department, including a court, has not been
enacted for the biennium beginning July 1 of that year.
Subd. 2. Payment
required. Notwithstanding
section 16A.17, subdivision 8, state employees must be provided payment for
lost salary and benefits resulting from their absence from work during a government
shutdown. An employee is eligible for a
payment under this section only upon the employee's return to work.
Subd. 3. Appropriation;
limitation. (a) In the event
of a government shutdown, the amount necessary to pay the salary and benefits
of employees of any impacted agency, office, or department is appropriated
beginning on that July 1 to that agency, office, or department. The appropriation is made from the fund or
funds from which an appropriation was made in the previous fiscal year for
salary and benefits paid to each affected employee.
(b) Amounts appropriated
under this subdivision may not exceed the amount or amounts appropriated for
general operations of the affected agency, office, or department in the
previous fiscal year.
Subd. 4. Certification
of amount for employees in the legislative and judicial branches. By June 25 of an odd-numbered year, if
a government shutdown appears imminent, the director of the Legislative
Coordinating Commission, the chief clerk of the house of representatives, the
secretary of the senate, and the chief clerk of the supreme court must each
certify to the commissioner of management and budget the amount needed for
salaries and benefits for each fiscal year of the next biennium, and the
commissioner of management and budget shall make the certified amount available
on July 1 of that year or on another schedule that permits payment of all
salary and benefit obligations required by this section in a timely manner.
Subd. 5. Subsequent
appropriations. A subsequent
appropriation to the agency, office, or department for regular operations for a
biennium in which this section has been applied may only supersede and replace
the appropriation provided by subdivision 3 by express reference to this
section.
Sec. 3. Minnesota Statutes 2022, section 120A.414, subdivision 2, is amended to read:
Subd. 2. Plan. A school board, including the board of
a charter school, may adopt an e-learning day plan after consulting meeting
and negotiating with the exclusive representative of the teachers. A If a charter school's teachers
are not represented by an exclusive representative, the charter school may
adopt an e-learning day plan after consulting with its teachers. The plan must include accommodations for
students without Internet access at home and for digital device access for
families without the technology or an insufficient amount of technology for the
number of children in the household. A
school's e-learning day plan must provide accessible options for students with
disabilities under chapter 125A.
Sec. 4. Minnesota Statutes 2022, section 122A.181, subdivision 5, is amended to read:
Subd. 5. Limitations on license. (a) A Tier 1 license is limited to the content matter indicated on the application for the initial Tier 1 license under subdivision 1, clause (2), and limited to the district or charter school that requested the initial Tier 1 license.
(b) A Tier 1 license does not bring an individual within the definition of a teacher for purposes of section 122A.40, subdivision 1, or 122A.41, subdivision 1, clause (a).
(c) A Tier 1 license does not
bring an individual within the definition of a teacher under section 179A.03,
subdivision 18.
Sec. 5. Minnesota Statutes 2022, section 122A.26, subdivision 2, is amended to read:
Subd. 2. Exceptions. (a) A person who teaches in a
community education program which that qualifies for aid pursuant
to section 124D.52 shall continue to meet licensure requirements as a teacher. A person who teaches in an early childhood
and family education program which that is offered through a
community education program and which qualifies for community education aid
pursuant to section 124D.20 or early childhood and family education aid
pursuant to section 124D.135 shall continue to meet licensure requirements as a
teacher. A person who teaches in a
community education course which that is offered for credit for
graduation to persons under 18 years of age shall continue to meet licensure
requirements as a teacher.
(b) A person who
teaches a driver training course which that is offered through a
community education program to persons under 18 years of age shall be licensed
by the Professional Educator Licensing and Standards Board or be subject to
section 171.35. A license which that
is required for an instructor in a community education program pursuant to this
subdivision paragraph shall not be construed to bring an
individual within the definition of a teacher for purposes of section 122A.40,
subdivision 1, or 122A.41, subdivision 1, clause paragraph (a).
EFFECTIVE DATE. This
section is effective for the 2023-2024 school year and later.
Sec. 6. Minnesota Statutes 2022, section 122A.40, subdivision 5, is amended to read:
Subd. 5. Probationary period. (a) The first three consecutive years of a teacher's first teaching experience in Minnesota in a single district is deemed to be a probationary period of employment, and, the probationary period in each district in which the teacher is thereafter employed shall be one year. The school board must adopt a plan for written evaluation of teachers during the probationary period that is consistent with subdivision 8. Evaluation must occur at least three times periodically throughout each school year for a teacher performing services during that school year; the first evaluation must occur within the first 90 days of teaching service. Days devoted to parent‑teacher conferences, teachers' workshops, and other staff development opportunities and days on which a teacher is absent from school must not be included in determining the number of school days on which a teacher performs services. Except as otherwise provided in paragraph (b), during the probationary period any annual contract with any teacher may or may not be renewed as the school board shall see fit. However, the board must give any such teacher whose contract it declines to renew for the following school year written notice to that effect before July 1. If the teacher requests reasons for any nonrenewal of a teaching contract, the board must give the teacher its reason in writing, including a statement that appropriate supervision was furnished describing the nature and the extent of such supervision furnished the teacher during the employment by the board, within ten days after receiving such request. The school board may, after a hearing held upon due notice, discharge a teacher during the probationary period for cause, effective immediately, under section 122A.44.
(b) A board must discharge a probationary teacher, effective immediately, upon receipt of notice under section 122A.20, subdivision 1, paragraph (b), that the teacher's license has been revoked due to a conviction for child abuse or sexual abuse.
(c) A probationary teacher whose first three years of consecutive employment are interrupted for active military service and who promptly resumes teaching consistent with federal reemployment timelines for uniformed service personnel under United States Code, title 38, section 4312(e), is considered to have a consecutive teaching experience for purposes of paragraph (a).
(d) A probationary teacher whose first three years of consecutive employment are interrupted for maternity, paternity, or medical leave and who resumes teaching within 12 months of when the leave began is considered to have a consecutive teaching experience for purposes of paragraph (a) if the probationary teacher completes a combined total of three years of teaching service immediately before and after the leave.
(e) A probationary teacher must
complete at least 120 90 days of teaching service each year
during the probationary period. Days
devoted to parent-teacher conferences, teachers' workshops, and other staff
development opportunities and days on which a teacher is absent from school do
not count as days of teaching service under this paragraph.
Sec. 7. Minnesota Statutes 2022, section 122A.41, subdivision 2, is amended to read:
Subd. 2. Probationary
period; discharge or demotion. (a) All
teachers in the public schools in cities of the first class during the first
three years of consecutive employment shall be deemed to be in a probationary
period of employment during which period any annual contract with any teacher
may, or may not, be renewed as the school board, after consulting with the peer
review committee charged with evaluating the probationary teachers under
subdivision 3, shall see fit. The
first three consecutive years of a teacher's first teaching experience in
Minnesota in a single district is deemed to be a probationary period of
employment, and the probationary period in each district in which the teacher
is thereafter employed shall be one year.
The school site management team or the school board if there is no
school site management team, shall adopt a plan for a written evaluation of
teachers during the probationary period according to subdivisions 3 and 5. Evaluation by the peer review committee
charged with evaluating probationary teachers under subdivision 3 shall occur
at least three times periodically throughout each school year for a teacher
performing services during that school year; the first evaluation must occur
within the first 90 days of teaching service.
Days devoted to parent-teacher conferences, teachers' workshops, and
other staff development opportunities and days on which a teacher is absent
from school shall not be included in determining the number of school days on
which a teacher performs services. The
school board may, during such probationary period, discharge or demote a
teacher for any of the causes as specified in this code. A written statement of the cause of such
discharge or demotion shall be given to the teacher by the school board at
least 30 days before such removal or demotion shall become effective, and the
teacher so notified shall have no right of appeal therefrom.
(b) A probationary teacher whose first three years of consecutive employment are interrupted for active military service and who promptly resumes teaching consistent with federal reemployment timelines for uniformed service personnel under United States Code, title 38, section 4312(e), is considered to have a consecutive teaching experience for purposes of paragraph (a).
(c) A probationary teacher whose first three years of consecutive employment are interrupted for maternity, paternity, or medical leave and who resumes teaching within 12 months of when the leave began is considered to have a consecutive teaching experience for purposes of paragraph (a) if the probationary teacher completes a combined total of three years of teaching service immediately before and after the leave.
(d) A probationary teacher
must complete at least 120 90 days of teaching service each year
during the probationary period. Days
devoted to parent-teacher conferences, teachers' workshops, and other staff
development opportunities and days on which a teacher is absent from school do
not count as days of teaching service under this paragraph.
Sec. 8. Minnesota Statutes 2022, section 177.27, subdivision 4, as amended by Laws 2023, chapter 30, section 1, is amended to read:
Subd. 4. Compliance
orders. The commissioner may issue
an order requiring an employer to comply with sections 177.21 to 177.435,
181.02, 181.03, 181.031, 181.032, 181.101, 181.11, 181.13, 181.14, 181.145,
181.15, 181.172, paragraph (a) or (d), 181.275, subdivision 2a, 181.722, 181.79,
181.939 to 181.943, and 181.987, or 181.991, and with any
rule promulgated under section 177.28. The
commissioner shall issue an order requiring an employer to comply with sections
177.41 to 177.435 or 181.987 if the violation is repeated. For purposes of this subdivision only, a
violation is repeated if at any time during the two years that preceded the
date of violation, the commissioner issued an order to the employer for
violation of sections 177.41 to 177.435 or 181.987 and the order is final or
the commissioner and the employer have entered into a settlement agreement that
required the employer to
pay back wages that were required by sections 177.41 to 177.435. The department shall serve the order upon the employer or the employer's authorized representative in person or by certified mail at the employer's place of business. An employer who wishes to contest the order must file written notice of objection to the order with the commissioner within 15 calendar days after being served with the order. A contested case proceeding must then be held in accordance with sections 14.57 to 14.69. If, within 15 calendar days after being served with the order, the employer fails to file a written notice of objection with the commissioner, the order becomes a final order of the commissioner.
EFFECTIVE DATE. This
section is effective the day following final enactment and applies to franchise
agreements entered into or amended on or after that date.
Sec. 9. Minnesota Statutes 2022, section 177.42, subdivision 2, is amended to read:
Subd. 2. Project. "Project" means demolition,
erection, construction, remodeling, or repairing of a public building,
facility, or other public work financed in whole or part by state funds. Project also includes demolition,
erection, construction, remodeling, or repairing of a building, facility, or
public work when the acquisition of property, predesign, design, or demolition
is financed in whole or part by state funds.
EFFECTIVE DATE. This
section is effective the day following final enactment.
Sec. 10. Minnesota Statutes 2022, section 179A.03, subdivision 14, is amended to read:
Subd. 14. Public employee or employee. (a) "Public employee" or "employee" means any person appointed or employed by a public employer except:
(1) elected public officials;
(2) election officers;
(3) commissioned or enlisted personnel of the Minnesota National Guard;
(4) emergency employees who are employed for emergency work caused by natural disaster;
(5) part-time employees whose service does not exceed the lesser of 14 hours per week or 35 percent of the normal work week in the employee's appropriate unit;
(6) employees whose
positions are basically temporary or seasonal in character and: (i) are not for more than 67 working
days in any calendar year; or (ii) are not working for a Minnesota
school district or charter school; or (iii) are not for more than 100
working days in any calendar year and the employees are under the age of 22,
are full-time students enrolled in a nonprofit or public educational
institution prior to being hired by the employer, and have indicated, either in
an application for employment or by being enrolled at an educational
institution for the next academic year or term, an intention to continue as
students during or after their temporary employment;
(7) employees providing services for not more than two consecutive quarters to the Board of Trustees of the Minnesota State Colleges and Universities under the terms of a professional or technical services contract as defined in section 16C.08, subdivision 1;
(8) employees of charitable hospitals as defined by section 179.35, subdivision 3, except that employees of charitable hospitals as defined by section 179.35, subdivision 3, are public employees for purposes of sections 179A.051, 179A.052, and 179A.13;
(9) full-time undergraduate students employed by the school which they attend under a work-study program or in connection with the receipt of financial aid, irrespective of number of hours of service per week;
(10) an individual who is employed for less than 300 hours in a fiscal year as an instructor in an adult vocational education program;
(11) an individual hired
by the Board of Trustees of the Minnesota State Colleges and Universities to
teach one course for three or fewer credits for one semester in a year;
(12) (11) with
respect to court employees:
(i) personal secretaries to judges;
(ii) law clerks;
(iii) managerial employees;
(iv) confidential employees; and
(v) supervisory employees; or
(13) (12) with
respect to employees of Hennepin Healthcare System, Inc., managerial,
supervisory, and confidential employees.
(b) The following
individuals are public employees regardless of the exclusions of paragraph (a),
clauses (5) and (6) to (7):
(1) an employee hired by a school district or the Board of Trustees of the Minnesota State Colleges and Universities except at the university established in the Twin Cities metropolitan area under section 136F.10 or for community services or community education instruction offered on a noncredit basis: (i) to replace an absent teacher or faculty member who is a public employee, where the replacement employee is employed more than 30 working days as a replacement for that teacher or faculty member; or (ii) to take a teaching position created due to increased enrollment, curriculum expansion, courses which are a part of the curriculum whether offered annually or not, or other appropriate reasons;
(2) an employee hired for a
position under paragraph (a), clause (6), item (i), if that same position has
already been filled under paragraph (a), clause (6), item (i), in the same
calendar year and the cumulative number of days worked in that same position by
all employees exceeds 67 calendar days in that year. For the purpose of this paragraph, "same
position" includes a substantially equivalent position if it is not the
same position solely due to a change in the classification or title of the
position; and
(3) an early childhood
family education teacher employed by a school district.; and
(4) an individual hired
by the Board of Trustees of the Minnesota State Colleges and Universities as
the instructor of record to teach (i) one class for more than three credits in
a fiscal year, or (ii) two or more credit‑bearing classes in a fiscal
year.
Sec. 11. Minnesota Statutes 2022, section 179A.03, subdivision 18, is amended to read:
Subd. 18. Teacher. "Teacher" means any public employee other than a superintendent or assistant superintendent, principal, assistant principal, or a supervisory or confidential employee, employed by a school district:
(1) in a position for which
the person must be licensed by the Professional Educator Licensing and
Standards Board or the commissioner of education; or
(2) in a position as a
physical therapist, occupational therapist, art therapist, music therapist, or
audiologist.; or
(3) in a position
creating and delivering instruction to children in a preschool, school
readiness, school readiness plus, or prekindergarten program or other school
district or charter school-based early education program, except that an
employee in a bargaining unit certified before January 1, 2023, may remain in a
bargaining unit that does not include teachers unless an exclusive
representative files a petition for a unit clarification or to transfer
exclusive representative status.
EFFECTIVE DATE. This
section is effective July 1, 2023.
Sec. 12. Minnesota Statutes 2022, section 179A.03, subdivision 19, is amended to read:
Subd. 19. Terms
and conditions of employment. "Terms
and conditions of employment" means the hours of employment, the
compensation therefor including fringe benefits except retirement contributions
or benefits other than employer payment of, or contributions to, premiums for
group insurance coverage of retired employees or severance pay, staffing
ratios, and the employer's personnel policies affecting the working
conditions of the employees. In the case
of professional employees the term does not mean educational policies of a
school district. "Terms and
conditions of employment" is subject to section 179A.07. In the case of school employees,
"terms and conditions of employment" includes adult-to-student ratios
in classrooms, student testing, and student-to-personnel ratios.
Sec. 13. Minnesota Statutes 2022, section 179A.06, subdivision 6, is amended to read:
Subd. 6. Dues
checkoff Payroll deduction, authorization, and remittance. (a) Public employees have the
right to request and be allowed dues checkoff payroll deduction
for the exclusive representative. In
the absence of an exclusive representative, public employees have the right to
request and be allowed dues checkoff for the organization of their choice. and
the political fund associated with the exclusive representative and registered
pursuant to section 10A.12. A public
employer must rely on a certification from any exclusive representative
requesting remittance of a deduction that the organization has and will
maintain an authorization, signed by the public employee from whose salary or
wages the deduction is to be made, which may include an electronic signature by
the public employee as defined in section 325L.02, paragraph (h). An exclusive representative making such
certification must not be required to provide the public employer a copy of the
authorization unless a dispute arises about the existence or terms of the
authorization. The exclusive
representative must indemnify the public employer for any successful claims
made by the employee for unauthorized deductions in reliance on the
certification.
(b) A dues deduction
authorization remains in effect until the employer receives notice from the
exclusive representative that a public employee has changed or canceled their
authorization in writing in accordance with the terms of the original authorizing
document, and a public employer must rely on information from the exclusive
representative receiving remittance of the deduction regarding whether the
deductions have been properly changed or canceled. The exclusive representative must indemnify
the public employer, including any reasonable attorney fees and litigation
costs, for any successful claims made by the employee for unauthorized
deductions made in reliance on such information.
(c) Deduction authorization
under this section is independent from the public employee's membership status
in the organization to which payment is remitted and is effective regardless of
whether a collective bargaining agreement authorizes the deduction.
(d) Employers must
commence deductions within 30 days of notice of authorization from the
exclusive representative and must remit the deductions to the exclusive
representative within 30 days of the deduction.
The failure of an employer to comply with the provisions of this
paragraph shall be an unfair labor practice under section 179A.13, the relief
for which shall be reimbursement by the employer of deductions that should have
been made or remitted based on a valid authorization given by the employee or employees.
(e) In the absence of an
exclusive representative, public employees have the right to request and be
allowed payroll deduction for the organization of their choice.
(f) Any dispute under
this subdivision must be resolved through an unfair labor practice proceeding
under section 179A.13.
Sec. 14. Minnesota Statutes 2022, section 179A.07, subdivision 1, is amended to read:
Subdivision 1. Inherent
managerial policy. A public employer
is not required to meet and negotiate on matters of inherent managerial policy. Matters of inherent managerial policy
include, but are not limited to, such areas of discretion or policy as the
functions and programs of the employer, its overall budget, utilization of
technology, the organizational structure, selection of personnel, and direction
and the number of personnel. No
public employer shall sign an agreement which limits its right to select
persons to serve as supervisory employees or state managers under section
43A.18, subdivision 3, or requires the use of seniority in their selection.
Sec. 15. Minnesota Statutes 2022, section 179A.07, subdivision 6, is amended to read:
Subd. 6. Time off. A public employer must afford reasonable time off to elected officers or appointed representatives of the exclusive representative to conduct the duties of the exclusive representative and must, upon request, provide for leaves of absence to elected or appointed officials of the exclusive representative, to elected or appointed officials of an affiliate of an exclusive representative, or to a full-time appointed official of an exclusive representative of teachers in another Minnesota school district.
Sec. 16. Minnesota Statutes 2022, section 179A.07, is amended by adding a subdivision to read:
Subd. 8. Bargaining
unit information. (a) Within
20 calendar days from the date of hire of a bargaining unit employee, a public
employer must provide the following contact information to an exclusive
representative in an Excel file format or other format agreed to by the
exclusive representative: name; job
title; worksite location, including location within a facility when
appropriate; home address; work telephone number; home and personal cell phone
numbers on file with the public employer; date of hire; and work email address
and personal email address on file with the public employer.
(b) Every 120 calendar
days beginning on January 1, 2024, a public employer must provide to an
exclusive representative in an Excel file or similar format agreed to by the
exclusive representative the following information for all bargaining unit
employees: name; job title; worksite
location, including location within a facility when appropriate; home address;
work telephone number; home and personal cell phone numbers on file with the
public employer; date of hire; and work email address and personal email
address on file with the public employer.
(c) A public employer
must notify an exclusive representative within 20 calendar days of the separation
of employment or transfer out of the bargaining unit of a bargaining unit
employee.
Sec. 17. Minnesota Statutes 2022, section 179A.07, is amended by adding a subdivision to read:
Subd. 9. Access. (a) A public employer must allow an
exclusive representative to meet in person with newly hired employees, without
charge to the pay or leave time of the employees, for 30 minutes, within 30
calendar days from the date of hire, during new employee orientations or, if
the employer does not conduct new employee orientations, at individual or group
meetings. An exclusive representative
shall receive no less than ten days' notice in advance of an orientation,
except that a shorter notice may be provided where there is an urgent need
critical to the operations of the public employer that was not reasonably
foreseeable. Notice of and attendance at
new employee orientations and other meetings under this paragraph must be
limited to the public employer, the employees, the exclusive representative,
and any vendor contracted to provide a service for purposes of the meeting. Meetings may be held virtually or for longer
than 30 minutes only by mutual agreement of the public employer and exclusive
representative.
(b) A public employer
must allow an exclusive representative to communicate with bargaining unit
members using their employer-issued email addresses regarding collective
bargaining, the administration of collective bargaining agreements, the
investigation of grievances, other workplace-related complaints and issues, and
internal matters involving the governance or business of the exclusive
representative, consistent with the employer's generally applicable technology
use policies.
(c) A public employer
must allow an exclusive representative to meet with bargaining unit members in
facilities owned or leased by the public employer regarding collective
bargaining, the administration of collective bargaining agreements, grievances
and other workplace-related complaints and issues, and internal matters
involving the governance or business of the exclusive representative, provided
the use does not interfere with governmental operations and the exclusive
representative complies with worksite security protocols established by the
public employer. Meetings conducted in
government buildings pursuant to this paragraph must not be for the purpose of
supporting or opposing any candidate for partisan political office or for the
purpose of distributing literature or information regarding partisan elections. An exclusive representative conducting a
meeting in a government building or other government facility pursuant to this
subdivision may be charged for maintenance, security, and other costs related
to the use of the government building or facility that would not otherwise be
incurred by the government entity.
Sec. 18. Minnesota Statutes 2022, section 179A.12, is amended by adding a subdivision to read:
Subd. 2a. Majority
verification procedure. (a)
Notwithstanding any other provision of this section, an employee organization
may file a petition with the commissioner requesting certification as the
exclusive representative of an appropriate unit based on a verification that
over 50 percent of the employees in the proposed appropriate unit wish to be
represented by the petitioner. The
commissioner shall require dated representation authorization signatures of
affected employees as verification of the employee organization's claim of
majority status.
(b) Upon receipt of an
employee organization's petition, accompanied by employee authorization
signatures under this subdivision, the commissioner shall investigate the
petition. If the commissioner determines
that over 50 percent of the employees in an appropriate unit have provided
authorization signatures designating the employee organization specified in the
petition as their exclusive representative, the commissioner shall not order an
election but shall certify the employee organization.
Sec. 19. Minnesota Statutes 2022, section 179A.12, subdivision 6, is amended to read:
Subd. 6. Authorization signatures. In determining the numerical status of an employee organization for purposes of this section, the commissioner shall require dated representation authorization signatures of affected employees as verification of the statements contained in the joint request or petitions. These authorization
signatures shall be privileged
and confidential information available to the commissioner only. Electronic signatures, as defined in
section 325L.02, paragraph (h), shall be valid as authorization signatures. Authorization signatures shall be valid for a
period of one year following the date of signature.
Sec. 20. Minnesota Statutes 2022, section 179A.12, subdivision 11, is amended to read:
Subd. 11. Unfair
labor practices. If the commissioner
finds that an unfair labor practice was committed by an employer or
representative candidate or an employee or group of employees, and that the
unfair labor practice affected the result of an election or majority
verification procedure pursuant to subdivision 2a, or that procedural or
other irregularities in the conduct of the election or majority verification
procedure may have substantially affected its results, the commissioner may
void the election result and order a new election or majority
verification procedure.
Sec. 21. Minnesota Statutes 2022, section 181.03, subdivision 6, is amended to read:
Subd. 6. Retaliation. An employer must shall not discharge,
discipline, penalize, interfere with, threaten, restrain, coerce, or otherwise
retaliate or discriminate against an employee for asserting rights or
remedies under this section, sections 177.21 to 177.44, 181.01 to 181.723, or
181.79, including, but not limited to, filing a complaint with the department
or telling the employer of the employee's intention to file a complaint. In addition to any other remedies provided by
law, an employer who violates this subdivision is liable for a civil penalty of
not less than $700 nor more than $3,000 per violation.
EFFECTIVE DATE. This
section is effective July 1, 2023.
Sec. 22. Minnesota Statutes 2022, section 181.06, subdivision 2, is amended to read:
Subd. 2. Payroll
deductions. A written contract may
be entered into between an employer and an employee wherein the employee
authorizes the employer to make payroll deductions for the purpose of paying
union dues, premiums of any life insurance, hospitalization and surgical
insurance, group accident and health insurance, group term life insurance,
group annuities or contributions to credit unions or a community chest fund, a
local arts council, a local science council or a local arts and science
council, or Minnesota benefit association, a federally or state registered
political action committee, membership dues of a relief association governed by
sections 424A.091 to 424A.096 or Laws 2013, chapter 111, article 5, sections 31
to 42, contributions to a nonprofit organization that is tax exempt under
section 501(c) of the Internal Revenue Code, or participation in any
employee stock purchase plan or savings plan for periods longer than 60 days,
including gopher state bonds established under section 16A.645. A private sector employer must make
payroll deductions to a nonlabor organization under this subdivision when
requested by five or more employees.
EFFECTIVE DATE. This
section is effective July 1, 2023.
Sec. 23. Minnesota Statutes 2022, section 181.172, is amended to read:
181.172 WAGE DISCLOSURE PROTECTION.
(a) An employer shall not:
(1) require nondisclosure by an employee of his or her wages as a condition of employment;
(2) require an employee to sign a waiver or other document which purports to deny an employee the right to disclose the employee's wages; or
(3) take any adverse employment action against an employee for disclosing the employee's own wages or discussing another employee's wages which have been disclosed voluntarily.
(b) Nothing in this section shall be construed to:
(1) create an obligation on any employer or employee to disclose wages;
(2) permit an employee, without the written consent of the employer, to disclose proprietary information, trade secret information, or information that is otherwise subject to a legal privilege or protected by law;
(3) diminish any existing rights under the National Labor Relations Act under United States Code, title 29; or
(4) permit the employee to disclose wage information of other employees to a competitor of their employer.
(c) An employer that provides an employee handbook to its employees must include in the handbook notice of employee rights and remedies under this section.
(d) An employer may shall
not discharge, discipline, penalize, interfere with, threaten, restrain,
coerce, or otherwise retaliate or discriminate against an employee
for asserting rights or remedies under this section.
(e) An employee may bring a civil action against an employer for a violation of paragraph (a) or (d). If a court finds that an employer has violated paragraph (a) or (d), the court may order reinstatement, back pay, restoration of lost service credit, if appropriate, and the expungement of any related adverse records of an employee who was the subject of the violation.
EFFECTIVE DATE. This
section is effective July 1, 2023.
Sec. 24. Minnesota Statutes 2022, section 181.275, subdivision 1, is amended to read:
Subdivision 1. Definitions. For purposes of this section, the following terms have the meanings given them:
(1) "emergency" means a period when replacement staff are not able to report for duty for the next shift or increased patient need, because of unusual, unpredictable, or unforeseen circumstances such as, but not limited to, an act of terrorism, a disease outbreak, adverse weather conditions, or natural disasters which impact continuity of patient care;
(2) "normal work period" means 12 or fewer consecutive hours consistent with a predetermined work shift;
(3) "nurse" has the meaning given in section 148.171, subdivision 9, and includes nurses employed by the state of Minnesota; and
(4) "taking action
against" means discharging; disciplining; penalizing; interfering with;
threatening; restraining; coercing; reporting to the Board of Nursing; or
otherwise retaliating or discriminating against; or penalizing
regarding compensation, terms, conditions, location, or privileges of
employment.
EFFECTIVE DATE. This
section is effective July 1, 2023.
Sec. 25. [181.531]
EMPLOYER-SPONSORED MEETINGS OR COMMUNICATION.
Subdivision 1. Prohibition. An employer or the employer's agent,
representative, or designee must not discharge, discipline, or otherwise
penalize or threaten to discharge, discipline, or otherwise penalize or take
any adverse employment action against an employee:
(1) because the employee
declines to attend or participate in an employer-sponsored meeting or declines
to receive or listen to communications from the employer or the agent,
representative, or designee of the employer if the meeting or communication is to
communicate the opinion of the employer about religious or political matters;
(2) as a means of
inducing an employee to attend or participate in meetings or receive or listen
to communications described in clause (1); or
(3) because the
employee, or a person acting on behalf of the employee, makes a good-faith
report, orally or in writing, of a violation or a suspected violation of this
section.
Subd. 2. Remedies. An aggrieved employee may bring a
civil action to enforce this section no later than 90 days after the date
of the alleged violation in the district court where the violation is alleged
to have occurred or where the principal office of the employer is located. The court may award a prevailing employee all
appropriate relief, including injunctive relief, reinstatement to the
employee's former position or an equivalent position, back pay and
reestablishment of any employee benefits, including seniority, to which the
employee would otherwise have been eligible if the violation had not occurred
and any other appropriate relief as deemed necessary by the court to make the
employee whole. The court shall award a
prevailing employee reasonable attorney fees and costs.
Subd. 3. Notice. Within 30 days of the effective date
of this section, an employer subject to this section shall post and keep
posted, a notice of employee rights under this section where employee notices
are customarily placed.
Subd. 4. Scope. This section does not:
(1) prohibit
communications of information that the employer is required by law to
communicate, but only to the extent of the lawful requirement;
(2) limit the rights of an employer or its agent, representative, or designee to conduct meetings involving religious or political matters so long as attendance is wholly voluntary or to engage in communications so long as receipt or listening is wholly voluntary; or
(3) limit the rights of
an employer or its agent, representative, or designee from communicating to its
employees any information, or requiring employee attendance at meetings and
other events, that is necessary for the employees to perform their lawfully
required job duties.
Subd. 5. Definitions. For the purposes of this section:
(1) "political
matters" means matters relating to elections for political office,
political parties, proposals to change legislation, proposals to change
regulations, proposals to change public policy, and the decision to join or
support any political party or political, civic, community, fraternal, or labor
organization; and
(2) "religious
matters" means matters relating to religious belief, affiliation, and
practice and the decision to join or support any religious organization or
association.
EFFECTIVE DATE. This
section is effective August 1, 2023, and applies to causes of action accruing
on or after that date.
Sec. 26. Minnesota Statutes 2022, section 181.932, subdivision 1, is amended to read:
Subdivision 1. Prohibited
action. An employer shall not
discharge, discipline, penalize, interfere with, threaten, restrain,
coerce, or otherwise retaliate or discriminate against, or
penalize an employee regarding the employee's compensation, terms,
conditions, location, or privileges of employment because:
(1) the employee, or a person acting on behalf of an employee, in good faith, reports a violation, suspected violation, or planned violation of any federal or state law or common law or rule adopted pursuant to law to an employer or to any governmental body or law enforcement official;
(2) the employee is requested by a public body or office to participate in an investigation, hearing, inquiry;
(3) the employee refuses an employer's order to perform an action that the employee has an objective basis in fact to believe violates any state or federal law or rule or regulation adopted pursuant to law, and the employee informs the employer that the order is being refused for that reason;
(4) the employee, in good faith, reports a situation in which the quality of health care services provided by a health care facility, organization, or health care provider violates a standard established by federal or state law or a professionally recognized national clinical or ethical standard and potentially places the public at risk of harm;
(5) a public employee communicates the findings of a scientific or technical study that the employee, in good faith, believes to be truthful and accurate, including reports to a governmental body or law enforcement official; or
(6) an employee in the classified service of state government communicates information that the employee, in good faith, believes to be truthful and accurate, and that relates to state services, including the financing of state services, to:
(i) a legislator or the legislative auditor; or
(ii) a constitutional officer.
The disclosures protected pursuant to this section do not authorize the disclosure of data otherwise protected by law.
EFFECTIVE DATE. This
section is effective July 1, 2023.
Sec. 27. Minnesota Statutes 2022, section 181.939, is amended to read:
181.939 NURSING MOTHERS, LACTATING EMPLOYEES, AND PREGNANCY
ACCOMMODATIONS.
Subdivision 1. Nursing
mothers and lactating employees. (a)
An employer must provide reasonable break times each day to an employee who
needs to express breast milk for her infant child during the twelve
months following the birth of the child.
The break times must, if possible, may run concurrently
with any break times already provided to the employee. An employer is not required to provide
break times under this section if to do so would unduly disrupt the operations
of the employer. An employer shall
not reduce an employee's compensation for time used for the purpose of
expressing milk.
(b) The employer must make reasonable efforts to provide a clean, private, and secure room or other location, in close proximity to the work area, other than a bathroom or a toilet stall, that is shielded from view and free from intrusion from coworkers and the public and that includes access to an electrical outlet, where the employee can express milk in privacy. The employer would be held harmless if reasonable effort has been made.
(c) For the purposes of this subdivision, "employer" means a person or entity that employs one or more employees and includes the state and its political subdivisions.
(d) An employer shall not discharge, discipline, penalize, interfere with, threaten, restrain, coerce, or otherwise retaliate or discriminate against an employee for asserting rights or remedies under this subdivision.
Subd. 2. Pregnancy
accommodations. (a) An employer must
provide reasonable accommodations to an employee for health conditions related
to pregnancy or childbirth upon request, with the advice of a licensed health
care provider or certified doula, unless the employer demonstrates that the accommodation
would impose an undue hardship on the operation of the employer's business. A pregnant employee shall not be required to
obtain the advice of a licensed health care provider or certified doula, nor
may an employer claim undue hardship for the following accommodations: (1) more frequent or longer restroom,
food, and water breaks; (2) seating; and (3) limits on lifting over 20 pounds. The employee and employer shall engage in an
interactive process with respect to an employee's request for a reasonable
accommodation. Reasonable accommodation
may include but is not limited to temporary transfer to a less strenuous or
hazardous position, temporary leave of absence, modification in work
schedule or job assignments, seating, more frequent restroom
breaks or longer break periods, and limits to heavy lifting. Notwithstanding any other provision of this
subdivision, an employer shall not be required to create a new or additional
position in order to accommodate an employee pursuant to this subdivision and
shall not be required to discharge an employee, transfer another employee with
greater seniority, or promote an employee.
(b) Nothing in this subdivision shall be construed to affect any other provision of law relating to sex discrimination or pregnancy or in any way diminish the coverage of pregnancy, childbirth, or health conditions related to pregnancy or childbirth under any other provisions of any other law.
(c) An employer shall not require an employee to take a leave or accept an accommodation.
(d) An employer shall not discharge, discipline, penalize, interfere with, threaten, restrain, coerce, or otherwise retaliate or discriminate against an employee for asserting rights or remedies under this subdivision.
(e) For the purposes of
this subdivision, "employer" means a person or entity that employs fifteen
one or more employees and includes the state and its political
subdivisions.
Subd. 3. Notice
to employees. An employer
shall inform employees of their rights under this section at the time of hire
and when an employee makes an inquiry about or requests parental leave. Information must be provided in English and
the primary language of the employee as identified by the employee. An employer that provides an employee
handbook to its employees must include in the handbook notice of employee
rights and remedies under this section. The
commissioner shall make available to employers the text to be included in the
notice required by this section in English and the five most common languages
spoken in Minnesota.
EFFECTIVE DATE. This
section is effective July 1, 2023.
Sec. 28. Minnesota Statutes 2022, section 181.940, subdivision 2, is amended to read:
Subd. 2. Employee. "Employee" means a person who
performs services for hire for an employer from whom a leave is requested under
sections 181.940 to 181.944 for:.
(1) at least 12 months
preceding the request; and
(2) for an average
number of hours per week equal to one-half the full-time equivalent position in
the employee's job classification as defined by the employer's personnel
policies or practices or pursuant to the provisions of a collective bargaining
agreement, during the 12-month period immediately preceding the leave.
Employee includes all
individuals employed at any site owned or operated by the employer but
does not include an independent contractor.
EFFECTIVE DATE. This
section is effective July 1, 2023.
Sec. 29. Minnesota Statutes 2022, section 181.940, subdivision 3, is amended to read:
Subd. 3. Employer. "Employer" means a person or
entity that employs 21 one or more employees at at least one
site, except that, for purposes of the school leave allowed under section
181.9412, employer means a person or entity that employs one or more employees
in Minnesota. The term and
includes an individual, corporation, partnership, association, business,
trust, nonprofit organization, group of persons, state, county, town, city,
school district, or other governmental subdivision.
EFFECTIVE DATE. This
section is effective July 1, 2023.
Sec. 30. Minnesota Statutes 2022, section 181.941, subdivision 3, is amended to read:
Subd. 3. No employer retribution. An employer shall not discharge, discipline, penalize, interfere with, threaten, restrain, coerce, or otherwise retaliate or discriminate against an employee for requesting or obtaining a leave of absence as provided by this section.
EFFECTIVE DATE. This
section is effective July 1, 2023.
Sec. 31. Minnesota Statutes 2022, section 181.9413, is amended to read:
181.9413 SICK LEAVE BENEFITS; CARE OF RELATIVES.
(a) An employee may use personal sick leave benefits provided by the employer for absences due to an illness of or injury to the employee's child, as defined in section 181.940, subdivision 4, adult child, spouse, sibling, parent, mother-in-law, father-in-law, grandchild, grandparent, or stepparent, for reasonable periods of time as the employee's attendance may be necessary, on the same terms upon which the employee is able to use sick leave benefits for the employee's own illness or injury. This section applies only to personal sick leave benefits payable to the employee from the employer's general assets.
(b) An employee may use sick leave as allowed under this section for safety leave, whether or not the employee's employer allows use of sick leave for that purpose for such reasonable periods of time as may be necessary. Safety leave may be used for assistance to the employee or assistance to the relatives described in paragraph (a). For the purpose of this section, "safety leave" is leave for the purpose of providing or receiving assistance because of sexual assault, domestic abuse, or harassment or stalking. For the purpose of this paragraph:
(1) "domestic abuse" has the meaning given in section 518B.01;
(2) "sexual assault" means an act that constitutes a violation under sections 609.342 to 609.3453 or 609.352; and
(3) "harass" and "stalking" have the meanings given in section 609.749.
(c) An employer may limit the use of safety leave as described in paragraph (b) or personal sick leave benefits provided by the employer for absences due to an illness of or injury to the employee's adult child, spouse, sibling, parent, mother-in-law, father-in-law, grandchild, grandparent, or stepparent to no less than 160 hours in any 12‑month period. This paragraph does not apply to absences due to the illness or injury of a child, as defined in section 181.940, subdivision 4.
(d) For purposes of this section, "personal sick leave benefits" means time accrued and available to an employee to be used as a result of absence from work due to personal illness or injury, but does not include short-term or long‑term disability or other salary continuation benefits.
(e) For the purpose of this section, "child" includes a stepchild and a biological, adopted, and foster child.
(f) For the purpose of this section, "grandchild" includes a step-grandchild, and a biological, adopted, and foster grandchild.
(g) This section does not prevent an employer from providing greater sick leave benefits than are provided for under this section.
(h) An employer shall not discharge, discipline, penalize, interfere with, threaten, restrain, coerce, or otherwise retaliate or discriminate against an employee for requesting or obtaining a leave of absence under this section.
EFFECTIVE DATE. This
section is effective July 1, 2023.
Sec. 32. Minnesota Statutes 2022, section 181.942, is amended to read:
181.942 REINSTATEMENT AFTER LEAVE.
Subdivision 1. Comparable position. (a) An employee returning from a leave of absence under section 181.939 or 181.941 is entitled to return to employment in the employee's former position or in a position of comparable duties, number of hours, and pay. An employee returning from a leave of absence longer than one month must notify a supervisor at least two weeks prior to return from leave. An employee returning from a leave under section 181.9412 or 181.9413 is entitled to return to employment in the employee's former position.
(b) If, during a leave
under sections 181.940 181.939 to 181.944, the employer
experiences a layoff and the employee would have lost a position had the
employee not been on leave, pursuant to the good faith operation of a bona fide
layoff and recall system, including a system under a collective bargaining agreement,
the employee is not entitled to reinstatement in the former or comparable
position. In such circumstances, the
employee retains all rights under the layoff and recall system, including a
system under a collective bargaining agreement, as if the employee had not
taken the leave.
Subd. 2. Pay;
benefits; on return. An employee
returning from a leave of absence under sections 181.940 181.939
to 181.944 is entitled to return to employment at the same rate of pay the
employee had been receiving when the leave commenced, plus any automatic
adjustments in the employee's pay scale that occurred during leave period. The employee returning from a leave is
entitled to retain all accrued preleave benefits of employment and seniority,
as if there had been no interruption in service; provided that nothing in
sections 181.940 181.939 to 181.944 prevents the accrual of
benefits or seniority during the leave pursuant to a collective bargaining or
other agreement between the employer and employees.
Subd. 3. Part-time
return. An employee, by agreement
with the employer, may return to work part time during the leave period without
forfeiting the right to return to employment at the end of the leave period, as
provided in sections 181.940 181.939 to 181.944.
EFFECTIVE DATE. This
section is effective July 1, 2023.
Sec. 33. Minnesota Statutes 2022, section 181.9436, is amended to read:
181.9436 POSTING OF LAW.
The Division of Labor
Standards and Apprenticeship shall develop, with the assistance of interested
business and community organizations, an educational poster stating employees'
rights under sections 181.940 181.939 to 181.9436. The department shall make the poster
available, upon request, to employers for posting on the employer's premises.
EFFECTIVE DATE. This
section is effective July 1, 2023.
Sec. 34. Minnesota Statutes 2022, section 181.945, subdivision 3, is amended to read:
Subd. 3. No employer sanctions. An employer shall not discharge, discipline, penalize, interfere with, threaten, restrain, coerce, or otherwise retaliate or discriminate against an employee for requesting or obtaining a leave of absence as provided by this section.
EFFECTIVE DATE. This
section is effective July 1, 2023.
Sec. 35. Minnesota Statutes 2022, section 181.9456, subdivision 3, is amended to read:
Subd. 3. No employer sanctions. An employer shall not discharge, discipline, penalize, interfere with, threaten, restrain, coerce, or otherwise retaliate or discriminate against an employee for requesting or obtaining a leave of absence as provided by this section.
EFFECTIVE DATE. This
section is effective July 1, 2023.
Sec. 36. Minnesota Statutes 2022, section 181.956, subdivision 5, is amended to read:
Subd. 5. Retaliation
prohibited. An employer may shall
not discharge, discipline, penalize, interfere with, threaten, restrain,
coerce, or otherwise retaliate or discriminate against an employee
for asserting rights and remedies provided in sections 181.950 to 181.954.
EFFECTIVE DATE. This
section is effective July 1, 2023.
Sec. 37. Minnesota Statutes 2022, section 181.964, is amended to read:
181.964 RETALIATION PROHIBITED.
An employer may shall
not discharge, discipline, penalize, interfere with, threaten, restrain,
coerce, or otherwise retaliate or discriminate against an employee
for asserting rights or remedies provided in sections 181.960 to 181.965.
EFFECTIVE DATE. This
section is effective July 1, 2023.
Sec. 38. [181.991]
RESTRICTIVE FRANCHISE AGREEMENTS PROHIBITED.
Subdivision 1. Definitions. (a) For purposes of this section, the
following terms have the meanings given them.
(b) "Employee"
means an individual employed by an employer and includes independent
contractors.
(c) "Employer" has
the meaning given in section 177.23, subdivision 6.
(d)
"Franchise," "franchisee," and "franchisor" have
the meanings given in section 80C.01, subdivisions 4 to 6.
Subd. 2. Prohibition
on restrictive franchise agreements.
(a) No franchisor may restrict, restrain, or prohibit in any way
a franchisee from soliciting or hiring an employee of a franchisee of the same
franchisor.
(b) No franchisor may
restrict, restrain, or prohibit in any way a franchisee from soliciting or
hiring an employee of the franchisor.
(c) Any provision of an
existing contract that violates paragraph (a) or (b) is void and unenforceable. When a provision
in an existing contract violates this section, the franchisee must provide
notice to their employees of this law.
Subd. 3. Franchise
agreement amendment. Notwithstanding
any law to the contrary, no later than one year from the effective date of this
section, franchisors shall:
(1) amend existing
franchise agreements to remove any restrictive employment provision that
violates subdivision 2; or
(2) sign a memorandum of
understanding with each franchisee that provides that any contract provisions
that violate subdivision 2 in any way are void and unenforceable, and provides
notice to the franchisee of their rights and obligations under this section.
EFFECTIVE DATE. This section is effective the day following final enactment.
Sec. 39. Minnesota Statutes 2022, section 182.659, subdivision 1, is amended to read:
Subdivision 1. Authority
to inspect. In order to carry out
the purposes of this chapter, the commissioner, upon presenting appropriate
credentials to the owner, operator, or agent in charge, is authorized to enter
without delay and at reasonable times any place of employment; and to inspect
and investigate during regular working hours and at other reasonable times, and
within reasonable limits and in a reasonable manner, any such place of
employment and all pertinent conditions, structures, machines, apparatus,
devices, equipment, and materials therein, and to question privately any such
employer, owner, operator, agent or employee.
An employer or its representatives, including but not limited to its
management, attorneys, or consultants, may not be present for any employee
interview.
Sec. 40. Minnesota Statutes 2022, section 182.659, subdivision 8, is amended to read:
Subd. 8. Protection
from subpoena; data. Neither the
commissioner nor any current or former employee of the department,
including those employees of the Department of Health providing services to the
Department of Labor and Industry, pursuant to section 182.67, subdivision 1,
is subject to subpoena for purposes of inquiry into any occupational safety and
health inspection except in enforcement proceedings brought under this chapter. Data that identify individuals who provide
data to the department as part of an investigation conducted under this chapter
shall be private.
Sec. 41. Minnesota Statutes 2022, section 182.66, is amended by adding a subdivision to read:
Subd. 4. Classification
of citation data. Notwithstanding
section 13.39, subdivision 2, the data in a written citation is classified as
public data 20 days after the employer has received the citation. All data in the citation is public, including
but not limited to the employer's name, the employer's business address, and
the address of the worksite; the date or dates of inspection; the date the
citation was issued; the provision of the act, standard, rule, or order alleged
to have been violated; the severity level of the citation; the description of
the nature of the violation;
the proposed abatement date;
the proposed penalty; and any abatement guidelines. If a notice of contest is filed contesting
any part of a citation pursuant to section 182.661, subdivision 3, the date
that the notice was filed shall also be classified as public data 20 days after
the employer has received the citation. When
citation data is requested, the department must also provide any final
settlement agreement or order amending or withdrawing the citation.
Sec. 42. Minnesota Statutes 2022, section 182.661, is amended by adding a subdivision to read:
Subd. 3c. Contestation
of time for correction of a violation.
(a) Where an employer contests the period of time fixed for
correction of a violation that is not a serious, willful, or repeat violation,
the period of time shall not run until the order of the commissioner becomes
final.
(b) Where an employer or
employee contests the period of time fixed for correction of a violation that
is a serious, willful, or repeat violation, the commissioner may refer the
matter to the office of administrative hearings for an expedited contested case
hearing solely on the reasonableness of the time fixed for correction. The administrative law judge may order the
employer to correct the violation pending final resolution of the cited
violations on the merits.
Sec. 43. Minnesota Statutes 2022, section 182.676, is amended to read:
182.676 SAFETY COMMITTEES.
(a) Every public or private employer of more than 25 employees shall establish and administer a joint labor‑management safety committee.
(b) Every public or private
employer of 25 or fewer employees shall establish and administer a safety
committee if: it is subject to the requirements of section 182.653,
subdivision 8.
(1) the employer has a lost
workday cases incidence rate in the top ten percent of all rates for employers
in the same industry; or
(2) the workers'
compensation premium classification assigned to the greatest portion of the
payroll for the employer has a pure premium rate as reported by the Workers'
Compensation Rating Association in the top 25 percent of premium rates for
all classes.
(c) A safety committee must hold regularly scheduled meetings unless otherwise provided in a collective bargaining agreement.
(d) Employee safety committee members must be selected by employees. An employer that fails to establish or administer a safety committee as required by this section may be cited by the commissioner. A citation is punishable as a serious violation under section 182.666.
The commissioner may adopt rules necessary to implement this section.
Sec. 44. Minnesota Statutes 2022, section 326B.093, subdivision 4, is amended to read:
Subd. 4. Examination results. If the applicant receives a passing score on the examination and meets all other requirements for licensure, the commissioner must approve the application and notify the applicant of the approval within 60 days of the date of the passing score. The applicant must, within 180 days after the notification of approval, pay the license fee. Upon receipt of the license fee, the commissioner must issue the license. If the applicant does not pay the license fee within 180 days after the notification of approval, the commissioner will
rescind the approval and must
deny the application. If the applicant
does not receive a passing score on the examination, the commissioner must deny
the application. If the application is
denied because of the applicant's failure to receive a passing score on the
examination, then the applicant cannot submit a new application for the license
until at least 30 days after the notification date of denial
the failed examination.
Sec. 45. Minnesota Statutes 2022, section 326B.106, is amended by adding a subdivision to read:
Subd. 16. Refrigerants
designated as acceptable for use. No
provision of the code or appendix chapter of the code may prohibit or otherwise
limit the use of a refrigerant designated as acceptable for use in accordance
with United States Code, title 42, section 7671k, provided any equipment
containing the refrigerant is listed and installed in full compliance with all
applicable requirements, safety standards, and use conditions imposed pursuant
to such a designation or as otherwise required by law.
Sec. 46. Minnesota Statutes 2022, section 326B.163, subdivision 5, is amended to read:
Subd. 5. Elevator. As used in this chapter,
"elevator" means moving walks and vertical transportation devices
such as escalators, passenger elevators, freight elevators, dumbwaiters,
hand-powered elevators, endless belt lifts, and wheelchair platform
lifts. Elevator does not include
external temporary material lifts or temporary construction personnel elevators
at sites of construction of new or remodeled buildings.
Sec. 47. Minnesota Statutes 2022, section 326B.163, is amended by adding a subdivision to read:
Subd. 5a. Platform
lift. As used in this
chapter, "platform lift" means a powered hoisting and lowering device
designed to transport mobility-impaired persons on a guided platform.
Sec. 48. Minnesota Statutes 2022, section 326B.164, subdivision 13, is amended to read:
Subd. 13. Exemption from licensing. (a) Employees of a licensed elevator contractor or licensed limited elevator contractor are not required to hold or obtain a license under this section or be provided with direct supervision by a licensed master elevator constructor, licensed limited master elevator constructor, licensed elevator constructor, or licensed limited elevator constructor to install, maintain, or repair platform lifts and stairway chairlifts. Unlicensed employees performing elevator work under this exemption must comply with subdivision 5. This exemption does not include the installation, maintenance, repair, or replacement of electrical wiring for elevator equipment.
(b) Contractors or
individuals shall not be required to hold or obtain a license under this
section when performing work on:
(1) conveyors, excluding
vertical reciprocating conveyors;
(2) platform lifts not
covered under section 326B.163, subdivision 5a; or
(3) dock levelers.
Sec. 49. Minnesota Statutes 2022, section 326B.31, subdivision 30, is amended to read:
Subd. 30. Technology system contractor. "Technology system contractor" means a licensed contractor whose responsible licensed individual is a licensed power limited technician or licensed master electrician.
Sec. 50. Minnesota Statutes 2022, section 326B.32, subdivision 1, is amended to read:
Subdivision 1. Composition. (a) The Board of Electricity shall consist of 12 members. Eleven members shall be appointed by the governor with the advice and consent of the senate and shall be voting members. Appointments of members by the governor shall be made in accordance with section 15.066. If the senate votes to refuse to consent to an appointment of a member made by the governor, the governor shall appoint a new member with the advice and consent of the senate. One member shall be the commissioner of labor and industry or the commissioner's designee, who shall be a voting member. Of the 11 appointed members, the composition shall be as follows:
(1) one member shall be an electrical inspector;
(2) two members shall be representatives of the electrical suppliers in rural areas;
(3) two members shall be master electricians, who shall be contractors;
(4) two members shall be journeyworker electricians;
(5) one member shall be a registered consulting electrical engineer;
(6) two members one
member shall be a power limited technicians technician,
who shall be a technology system contractors primarily engaged in the
business of installing technology circuits or systems contractor; and
(7) one member shall be a
power limited technician; and
(7) (8) one
member shall be a public member as defined by section 214.02.
The electrical inspector shall be appointed to a term to end December 31, 2011. One of the rural electrical suppliers shall be appointed for a term to end December 31, 2011. The other rural electrical supplier shall be appointed for a term to end December 31, 2010. The consulting electrical engineer shall be appointed for a term to end December 31, 2011. One of the master electrician contractors shall be appointed for a term to end December 31, 2011. The other master electrician contractor shall be appointed for a term to end December 31, 2010. One of the journeyworker electricians shall be appointed for a term to end December 31, 2011. The other journeyworker electrician shall be appointed for a term to end December 31, 2010. One of the power limited technicians shall be appointed for a term to end December 31, 2011. The other power limited technician shall be appointed for a term to end December 31, 2010. The public member shall be appointed for a term to end December 31, 2010.
(b) The consulting electrical engineer must possess a current Minnesota professional engineering license and maintain the license for the duration of the term on the board. All other appointed members, except for the public member and the representatives of electrical suppliers in rural areas, must possess a current electrical license issued by the Department of Labor and Industry and maintain that license for the duration of their terms. All appointed members must be residents of Minnesota at the time of and throughout the member's appointment. The term of any appointed member that does not maintain membership qualification status shall end on the date of the status change and the governor shall appoint a new member. It is the responsibility of the member to notify the board of their status change.
(c) For appointed members, except the initial terms designated in paragraph (a), each term shall be three years with the terms ending on December 31. Members appointed by the governor shall be limited to three consecutive terms. The governor shall, all or in part, reappoint the current members or appoint replacement members with the advice and consent of the senate. Midterm vacancies shall be filled for the remaining portion of the term. Vacancies occurring with less than six months time remaining in the term shall be filled for the existing term and the following three-year term. Members may serve until their successors are appointed but in no case later than July 1 in a year in which the term expires unless reappointed.
Sec. 51. Minnesota Statutes 2022, section 326B.36, subdivision 7, is amended to read:
Subd. 7. Exemptions from inspections. Installations, materials, or equipment shall not be subject to inspection under sections 326B.31 to 326B.399:
(1) when owned or leased, operated and maintained by any employer whose maintenance electricians are exempt from licensing under sections 326B.31 to 326B.399, while performing electrical maintenance work only as defined by rule;
(2) when owned or leased, and operated and maintained by any electrical, communications, or railway utility, cable communications company as defined in section 238.02, or telephone company as defined under section 237.01, in the exercise of its utility, antenna, or telephone function; and
(i) are used exclusively for the generations, transformation, distribution, transmission, load control, or metering of electric current, or the operation of railway signals, or the transmission of intelligence, and do not have as a principal function the consumption or use of electric current by or for the benefit of any person other than such utility, cable communications company, or telephone company; and
(ii) are generally accessible only to employees of such utility, cable communications company, or telephone company or persons acting under its control or direction; and
(iii) are not on the load side of the service point or point of entrance for communication systems;
(3) when used in the street lighting operations of an electrical utility;
(4) when used as outdoor area lights which are owned and operated by an electrical utility and which are connected directly to its distribution system and located upon the utility's distribution poles, and which are generally accessible only to employees of such utility or persons acting under its control or direction;
(5) when the installation, material, and equipment are in facilities subject to the jurisdiction of the federal Mine Safety and Health Act; or
(6) when the installation, material, and equipment is part of an elevator installation for which the elevator contractor, licensed under section 326B.164, is required to obtain a permit from the authority having jurisdiction as provided by section 326B.184, and the inspection has been or will be performed by an elevator inspector certified and licensed by the department. This exemption shall apply only to installations, material, and equipment permitted or required to be connected on the load side of the disconnecting means required for elevator equipment under National Electrical Code Article 620, and elevator communications and alarm systems within the machine room, car, hoistway, or elevator lobby.
EFFECTIVE DATE. This
section is effective the day following final enactment.
Sec. 52. Minnesota Statutes 2022, section 326B.36, is amended by adding a subdivision to read:
Subd. 8. Electric
utility exemptions; additional requirements. For exemptions to inspections
exclusively for load control allowed for electrical utilities under subdivision
7, clause (2), item (i), the exempted work must be:
(1) performed by a
licensed electrician employed by a class A electrical contractor licensed under
section 326B.33;
(2) for replacement or repair
of existing equipment for an electric utility other than a public utility as
defined in section 216B.02, subdivision 4, only; and
(3) completed on or
before December 31, 2028.
EFFECTIVE DATE. This
section is effective the day following final enactment.
Sec. 53. Minnesota Statutes 2022, section 326B.805, subdivision 6, is amended to read:
Subd. 6. Exemptions. The license requirement does not apply to:
(1) an employee of a licensee performing work for the licensee;
(2) a material person, manufacturer, or retailer furnishing finished products, materials, or articles of merchandise who does not install or attach the items;
(3) an owner of residential
real estate who builds or improves any structure on residential real
estate, if the building or improving is performed by the owner's bona
fide employees or by individual owners personally. owner occupies or will occupy the
residential real estate for residential purposes, or will retain ownership for
rental purposes upon completion of the building or improvement. This exemption does not apply to an owner who
constructs or improves property residential real estate for
purposes of resale or speculation if the building or improving is
performed by the owner's bona fide employees or by individual owners personally. A.
An owner of residential building contractor or residential
remodeler real estate will be presumed to be building or improving
for purposes of speculation if the contractor or remodeler owner
constructs or improves more than one property within any 24-month period,
unless the properties will be retained by the owner for rental purposes;
(4) an architect or professional engineer engaging in professional practice as defined by section 326.02, subdivisions 2 and 3;
(5) a person whose total gross annual receipts for performing specialty skills for which licensure would be required under this section do not exceed $15,000;
(6) a mechanical contractor;
(7) a plumber, electrician, or other person whose profession is otherwise subject to statewide licensing, when engaged in the activity which is the subject of that licensure;
(8) specialty contractors who provide only one special skill as defined in section 326B.802;
(9) a school district, or a technical college governed under chapter 136F; and
(10) Habitat for Humanity and Builders Outreach Foundation, and their individual volunteers when engaged in activities on their behalf.
To qualify for the exemption in clause (5), a person must obtain a certificate of exemption from licensure from the commissioner. A certificate of exemption will be issued upon the applicant's filing with the commissioner, an affidavit stating that the applicant does not expect to exceed $15,000 in gross annual receipts derived from performing services which require licensure under this section during the calendar year in which the affidavit is received. For the purposes of calculating fees under section 326B.092, a certificate of exemption is an entry level license. To renew the exemption in clause (5), the applicant must file an affidavit stating that the applicant did not exceed $15,000 in gross annual receipts during the past calendar year. If a person, operating under the exemption in
clause (5), exceeds $15,000 in gross receipts during any calendar year, the person must immediately surrender the certificate of exemption and apply for the appropriate license. The person must remain licensed until such time as the person's gross annual receipts during a calendar year fall below $15,000. The person may then apply for an exemption for the next calendar year.
Sec. 54. Minnesota Statutes 2022, section 326B.921, subdivision 8, is amended to read:
Subd. 8. Reciprocity
with other states. The
commissioner may issue a temporary license without examination, upon payment of
the required fee, to nonresident applicants who are licensed under the laws of
a state having standards for licensing which the commissioner determines are
substantially equivalent to the standards of this state if the other state
grants similar privileges to Minnesota residents duly licensed in this state. Applicants who receive a temporary license
under this section may acquire an aggregate of 24 months of experience before
they have to apply and pass the licensing examination. Applicants must register with the
commissioner of labor and industry and the commissioner shall set a fee for a
temporary license. Applicants have five
years in which to comply with this section.
(a) The commissioner may
enter into reciprocity agreements for personal licenses with another state if
approved by the board. Once approved by
the board, the commissioner may issue a personal license without requiring the
applicant to pass an examination provided the applicant:
(1) submits an application
under this section;
(2) pays the application
and examination fee and license fee required under section 326B.092; and
(3) holds a valid comparable license in the state participating in the agreement.
(b) Reciprocity agreements
are subject to the following:
(1) the parties to the
agreement must administer a statewide licensing program that includes
examination and qualifying experience or training comparable to Minnesota's
licensing program;
(2) the experience and
training requirements under which an individual applicant qualified for
examination in the qualifying state must be deemed equal to or greater than
required for an applicant making application in Minnesota at the time the
applicant acquired the license in the qualifying state;
(3) the applicant must
have acquired the license in the qualifying state through an examination deemed
equivalent to the same class of license examination in Minnesota;
(4) at the time of
application, the applicant must hold a valid license in the qualifying state
and have held the license continuously for at least one year before making
application in Minnesota;
(5) an applicant is not
eligible for a license under this subdivision if the applicant has failed the
same or greater class of license examination in Minnesota, or if the
applicant's license of the same or greater class has been revoked or suspended;
and
(6) an applicant who has
failed to renew a personal license for two years or more after its expiration
is not eligible for a license under this subdivision.
Sec. 55. Minnesota Statutes 2022, section 326B.925, subdivision 1, is amended to read:
Subdivision 1. Composition. (a) The Board of High Pressure Piping Systems shall consist of 13 members. Twelve members shall be appointed by the governor with the advice and consent of the senate and shall be voting members. Appointments of members by the governor shall be made in accordance with section 15.066. If the senate votes to refuse to consent to an appointment of a member made by the governor, the governor shall appoint a new member with the advice and consent of the senate. One member shall be the commissioner of labor and industry or the commissioner of labor and industry's designee, who shall be a voting member. Of the 12 appointed members, the composition shall be as follows:
(1) one member shall be a high pressure piping inspector;
(2) one member shall be a licensed mechanical engineer;
(3) one member shall be a representative of the high pressure piping industry;
(4) four members shall be master high pressure pipefitters engaged in the business of high pressure piping, two from the metropolitan area and two from greater Minnesota;
(5) two members shall be
journeyworker high pressure pipefitters engaged in the business of high
pressure piping systems installation, one from the metropolitan area and
one from greater Minnesota;
(6) one member shall be a representative of industrial companies that use high pressure piping systems in their industrial process;
(7) one member shall be a representative from utility companies in Minnesota; and
(8) one member shall be a public member as defined by section 214.02.
The high pressure piping inspector shall be appointed for a term to end December 31, 2011. The professional mechanical engineer shall be appointed for a term to end December 31, 2010. The representative of the high pressure piping industry shall be appointed for a term to end December 31, 2011. Two of the master high pressure pipefitters shall be appointed for a term to end December 31, 2011. The other two master high pressure pipefitters shall be appointed for a term to end December 31, 2010. One of the journeyworker high pressure pipefitters shall be appointed for a term to end December 31, 2011. The other journeyworker high pressure pipefitter shall be appointed for a term to end December 31, 2010. The one representative of industrial companies that use high pressure piping systems in their industrial process shall be appointed for a term to end December 31, 2010. The one representative of a utility company in Minnesota shall be appointed for a term to end December 31, 2010. The public member shall be appointed for a term to end December 31, 2010.
(b) The licensed professional mechanical engineer must possess a current Minnesota professional engineering license and maintain the license for the duration of their term. All other appointed members, except for the representative of the piping industry, the representative of industrial companies that use high pressure piping systems, the public member, and the representative of public utility companies in Minnesota, must possess a current high pressure piping license issued by the Department of Labor and Industry and maintain that license for the duration of their term. All appointed members must be residents of Minnesota at the time of and throughout the member's appointment. The term of any appointed member that does not maintain membership qualification status shall end on the date of status change and the governor shall appoint a new member. It is the responsibility of the member to notify the board of the member's status change.
(c) For appointed members, except the initial terms designated in paragraph (a), each term shall be three years with the terms ending on December 31. Members appointed by the governor shall be limited to three consecutive terms. The governor shall, all or in part, reappoint the current members or appoint replacement members with the advice and consent of the senate. Midterm vacancies shall be filled for the remaining portion of the term. Vacancies occurring with less than six months time remaining in the term shall be filled for the existing term and the following three-year term. Members may serve until their successors are appointed but in no case later than July 1 in a year in which the term expires unless reappointed.
Sec. 56. Minnesota Statutes 2022, section 326B.988, is amended to read:
326B.988 EXCEPTIONS.
(a) The provisions of sections 326B.95 to 326B.998 shall not apply to:
(1) boilers and pressure vessels in buildings occupied solely for residence purposes with accommodations for not more than five families;
(2) railroad locomotives operated by railroad companies for transportation purposes;
(3) air tanks installed on the right-of-way of railroads and used directly in the operation of trains;
(4) boilers and pressure vessels under the direct jurisdiction of the United States;
(5) unfired pressure vessels having an internal or external working pressure not exceeding 15 psig with no limit on size;
(6) pressure vessels used for storage of compressed air not exceeding five cubic feet in volume and equipped with an ASME code stamped safety valve set at a maximum of 100 psig;
(7) pressure vessels having an inside diameter not exceeding six inches;
(8) every vessel that contains water under pressure, including those containing air that serves only as a cushion, whose design pressure does not exceed 300 psig and whose design temperature does not exceed 210 degrees Fahrenheit;
(9) boiler or pressure vessels located on farms used solely for agricultural or horticultural purposes; for purposes of this section, boilers used for mint oil extraction are considered used for agricultural or horticultural purposes, provided that the owner or lessee complies with the inspection requirements contained in section 326B.958;
(10) tanks or cylinders used for storage or transfer of liquefied petroleum gases;
(11) unfired pressure vessels in petroleum refineries;
(12) an air tank or pressure vessel which is an integral part of a passenger motor bus, truck, or trailer;
(13) hot water heating and other hot liquid boilers not exceeding a heat input of 750,000 BTU per hour;
(14) hot water supply boilers
(water heaters) not exceeding a heat input of 500,000 200,000
BTU per hour, a water temperature of 210 degrees Fahrenheit, or
potable water heaters not exceeding a heat input of 200,000 BTU per hour or
a nominal water capacity of 120 gallons, or a pressure of 160 psig;
(15) a laundry and dry cleaning press not exceeding five cubic feet of steam volume;
(16) pressure vessels operated full of water or other liquid not materially more hazardous than water, if the vessel's contents' temperature does not exceed 210 degrees Fahrenheit or a pressure of 200 psig;
(17) steam-powered turbines at papermaking facilities which are powered by steam generated by steam facilities at a remote location;
(18) manually fired boilers for model locomotive, boat, tractor, stationary engine, or antique motor vehicles constructed or maintained only as a hobby for exhibition, educational or historical purposes and not for commercial use, if the boilers have an inside diameter of 12 inches or less, or a grate area of two square feet or less, and are equipped with an ASME stamped safety valve of adequate size, a water level indicator, and a pressure gauge;
(19) any pressure vessel used as an integral part of an electrical circuit breaker;
(20) pressure vessels used for the storage of refrigerant if they are built to ASME code specifications, registered with the national board, and equipped with an ASME code-stamped pressure-relieving device set no higher than the maximum allowable working pressure of the vessel. This does not include pressure vessels used in ammonia refrigeration systems;
(21) pressure vessels used for the storage of oxygen, nitrogen, helium, carbon dioxide, argon, nitrous oxide, or other medical gas, provided the vessel is constructed to ASME or Minnesota Department of Transportation specifications and equipped with an ASME code-stamped pressure-relieving device. The owner of the vessels shall perform annual visual inspections and planned maintenance on these vessels to ensure vessel integrity;
(22) pressure vessels used for the storage of compressed air for self-contained breathing apparatuses;
(23) hot water heating or other hot liquid boilers vented directly to the atmosphere; and
(24) pressure vessels used for the storage of compressed air not exceeding 1.5 cubic feet (11.22 gallons) in volume with a maximum allowable working pressure of 600 psi or less.
(b) An engineer's license is not required for hot water supply boilers.
(c) An engineer's license and annual inspection by the department is not required for boilers, steam cookers, steam kettles, steam sterilizers or other steam generators not exceeding 100,000 BTU per hour input, 25 kilowatt, and a pressure of 15 psig.
(d) Electric boilers not exceeding a maximum working pressure of 50 psig, maximum of 30 kilowatt input or three horsepower rating shall be inspected as pressure vessels and shall not require an engineer license to operate.
Sec. 57. [327.30]
SACRED COMMUNITIES AND MICRO-UNIT DWELLINGS.
Subdivision 1. Definitions. (a) For the purposes of this section,
the following terms have the meanings given.
(b) Chronically
homeless" means an individual who:
(1) is homeless and
lives or resides in a place not meant for human habitation, a safe haven, or in
an emergency shelter;
(2) has been homeless and
living or residing in a place not meant for human habitation, a safe haven, or
in an emergency shelter continuously for at least one year or on at least four
separate occasions in the last three years; and
(3) has an adult head of
household, or a minor head-of-household if no adult is present in the
household, with a diagnosable substance use disorder, serious mental illness,
developmental disability, post-traumatic stress disorder, cognitive impairments
resulting from a brain injury, or chronic physical illness or disability,
including the co‑occurrence of two or more of those conditions.
(c) "Designated
volunteers" means persons who have not experienced homelessness and have
been approved by the religious institution to live in a sacred community as
their sole form of housing.
(d) "Extremely low
income" means an income that is equal to or less than 30 percent of the
area median income, adjusted for family size, as estimated by the Department of
Housing and Urban Development.
(e) "Micro
unit" means a mobile residential dwelling providing permanent housing
within a sacred community that meets the requirements of subdivision 4.
(f) "Religious
institution" means a church, synagogue, mosque, or other religious
organization organized under chapter 315.
(g) "Sacred
community" means a residential settlement established on or contiguous to
the grounds of a religious institution's primary worship location primarily for
the purpose of providing permanent housing for chronically homeless persons,
extremely low-income persons, and designated volunteers that meets the
requirements of subdivision 3.
Subd. 2. Dwelling
in micro units in sacred communities authorized. Religious institutions are authorized
to provide permanent housing to people who are chronically homeless, extremely
low-income, or designated volunteers, in sacred communities composed of micro
units subject to the provisions of this section. Each religious institution that has sited a
sacred community must annually certify to the local unit of government that it
has complied with the eligibility requirements for residents of a sacred community
in this section.
Subd. 3. Sacred
community requirements. (a) A
sacred community must provide residents of micro units access to water and
electric utilities either by connecting the micro units to the utilities that
are serving the principal building on the lot or by other comparable means, or
by providing the residents access to permanent common kitchen facilities and
common facilities for toilet, bathing, and laundry with the number and type of
fixtures required for an R-2 boarding house under Minnesota Rules, part 1305.2902. Any units that are plumbed shall not be
included in determining the minimum number of fixtures required for the common
facilities.
(b) A sacred community
under this section must:
(1) be appropriately
insured;
(2) have between
one-third and 40 percent of the micro units occupied by designated volunteers;
and
(3) provide the
municipality with a written plan approved by the religious institution's
governing board that outlines:
(i) disposal of water
and sewage from micro units if not plumbed;
(ii) septic tank
drainage if plumbed units are not hooked up to the primary worship location's
system;
(iii) adequate parking,
lighting, and access to units by emergency vehicles;
(iv) protocols for
security and addressing conduct within the settlement; and
(v) safety protocols for
severe weather.
(c) Unless the
municipality has designated sacred communities meeting the requirements of this
section as permitted uses, a sacred community meeting the requirements of this
section shall be approved and regulated as a conditional use without the
application of additional standards not included in this section. When approved, additional permitting is not
required for individual micro units.
(d) Sacred communities
are subject to the laws governing landlords and tenants under chapter 504B.
Subd. 4. Micro
unit requirements. (a) In
order to be eligible to be placed within a sacred community, a micro unit must
be built to the requirements of the American National Standards Institute
(ANSI) Code 119.5, which includes standards for heating, electrical systems,
and fire and life safety. A micro unit
must also meet the following technical requirements:
(1) be no more than 400
gross square feet;
(2) be built on a
permanent chassis and anchored to pin foundations with engineered fasteners;
(3) have exterior
materials that are compatible in composition, appearance, and durability to the
exterior materials used in standard residential construction;
(4) have a minimum
insulation rating of R-20 in walls, R-30 in floors, and R-38 in ceilings, as
well as residential grade insulated doors and windows;
(5) have a dry,
compostable, or plumbed toilet or other system meeting the requirements of the
Minnesota Pollution Control Agency, Chapters 7035, 7040, 7049, and 7080, or
other applicable rules;
(6) have either an
electrical system that meets NFPA 70 NEC, section 551 or 552 as applicable or a
low voltage electrical system that meets ANSI/RVIA Low Voltage Standard,
current edition;
(7) have minimum wall
framing with two inch by four inch wood or metal studs with framing of 16
inches to 24 inches on center, or the equivalent in structural insulated
panels, with a floor load of 40 pounds per square foot and a roof live load of
42 pounds per square foot; and
(8) have smoke and
carbon monoxide detectors installed.
(b) All micro units,
including their anchoring, must be inspected and certified for compliance with
these requirements by a licensed Minnesota professional engineer or qualified
third-party inspector for ANSI compliance accredited pursuant to either the American
Society for Testing and Materials Appendix E541 or ISO/IEC 17020.
(c) Micro units that
connect to utilities such as water, sewer, gas, or electric, must obtain any
permits or inspections required by the municipality or utility company for that
connection.
(d) Micro units must
comply with municipal setback requirements established by ordinance for
manufactured homes. If a municipality does not have such an
ordinance, micro units must be set back on all sides by at least ten feet.
EFFECTIVE DATE. This
section is effective January 1, 2024.
Sec. 58. Minnesota Statutes 2022, section 572B.17, is amended to read:
572B.17 WITNESSES; SUBPOENAS; DEPOSITIONS; DISCOVERY.
(a) An arbitrator may issue a subpoena for the attendance of a witness and for the production of records and other evidence at any hearing and may administer oaths. A subpoena must be served in the manner for service of subpoenas in a civil action and, upon motion to the court by a party to the arbitration proceeding or the arbitrator, enforced in the manner for enforcement of subpoenas in a civil action.
(b) On request of a party to or a witness in an arbitration proceeding, an arbitrator may permit a deposition of any witness to provide testimony at the arbitration hearing, including a witness who cannot be subpoenaed for or is unable to attend a hearing, to be taken under conditions determined by the arbitrator for use as evidence in order to make the proceeding fair, expeditious, and cost-effective.
(c) An arbitrator may permit such discovery as the arbitrator decides is appropriate in the circumstances, taking into account the needs of the parties to the arbitration proceeding and other affected persons and the desirability of making the proceeding fair, expeditious, and cost-effective.
(d) If an arbitrator permits discovery under subsection (c), the arbitrator may order a party to the arbitration proceeding to comply with the arbitrator's discovery-related orders, including the issuance of a subpoena for the attendance of a witness and for the production of records and other evidence at a discovery proceeding, and may take action against a party to the arbitration proceeding who does not comply to the extent permitted by law as if the controversy were the subject of a civil action in this state.
(e) An arbitrator may issue a protective order to prevent the disclosure of privileged information, confidential information, trade secrets, data classified as nonpublic or private pursuant to chapter 13, and other information protected from disclosure as if the controversy were the subject of a civil action in this state.
(f) All laws compelling a person under subpoena to testify and all fees for attending a judicial proceeding, a deposition, or a discovery proceeding as a witness apply to an arbitration proceeding as if the controversy were the subject of a civil action under the laws and rules of civil procedure of this state.
(g) The court may enforce a subpoena or discovery-related order for the attendance of a witness within this state and for the production of records and other evidence issued by an arbitrator in connection with an arbitration proceeding in another state upon conditions determined by the court in order to make the arbitration proceeding fair, expeditious, and cost-effective. A subpoena or discovery-related order issued by an arbitrator must be served in the manner provided by law for service of subpoenas in a civil action in this state and, upon motion to the court by a party to the arbitration proceeding or the arbitrator, enforced in the manner provided by law for enforcement of subpoenas in a civil action in this state.
Sec. 59. REPEALER.
Minnesota Statutes 2022,
section 179A.12, subdivision 2, is repealed.
ARTICLE 12
EARNED SICK AND SAFE TIME
Section 1. Minnesota Statutes 2022, section 181.032, is amended to read:
181.032 REQUIRED STATEMENT OF
EARNINGS BY EMPLOYER; NOTICE TO EMPLOYEE.
(a) At the end of each pay period, the employer shall provide each employee an earnings statement, either in writing or by electronic means, covering that pay period. An employer who chooses to provide an earnings statement by electronic means must provide employee access to an employer-owned computer during an employee's regular working hours to review and print earnings statements.
(b) The earnings statement may be in any form determined by the employer but must include:
(1) the name of the employee;
(2) the rate or rates of pay and basis thereof, including whether the employee is paid by hour, shift, day, week, salary, piece, commission, or other method;
(3) allowances, if any, claimed pursuant to permitted meals and lodging;
(4) the total number of hours worked by the employee unless exempt from chapter 177;
(5) the total number of
earned sick and safe time hours accrued and available for use under section
181.9446;
(6) the total number of
earned sick and safe time hours used during the pay period under section
181.9447;
(7) the total amount of gross pay earned by the employee during that period;
(6) (8) a
list of deductions made from the employee's pay;
(7) (9) the
net amount of pay after all deductions are made;
(8) (10) the
date on which the pay period ends;
(9) (11) the
legal name of the employer and the operating name of the employer if different
from the legal name;
(10) (12) the
physical address of the employer's main office or principal place of business,
and a mailing address if different; and
(11) (13) the
telephone number of the employer.
(c) An employer must provide earnings statements to an employee in writing, rather than by electronic means, if the employer has received at least 24 hours notice from an employee that the employee would like to receive earnings statements in written form. Once an employer has received notice from an employee that the employee would like to receive earnings statements in written form, the employer must comply with that request on an ongoing basis.
(d) At the start of employment, an employer shall provide each employee a written notice containing the following information:
(1) the rate or rates of pay and basis thereof, including whether the employee is paid by the hour, shift, day, week, salary, piece, commission, or other method, and the specific application of any additional rates;
(2) allowances, if any, claimed pursuant to permitted meals and lodging;
(3) paid vacation, sick time, or other paid time-off accruals and terms of use;
(4) the employee's employment status and whether the employee is exempt from minimum wage, overtime, and other provisions of chapter 177, and on what basis;
(5) a list of deductions that may be made from the employee's pay;
(6) the number of days in the pay period, the regularly scheduled pay day, and the pay day on which the employee will receive the first payment of wages earned;
(7) the legal name of the employer and the operating name of the employer if different from the legal name;
(8) the physical address of the employer's main office or principal place of business, and a mailing address if different; and
(9) the telephone number of the employer.
(e) The employer must keep a copy of the notice under paragraph (d) signed by each employee acknowledging receipt of the notice. The notice must be provided to each employee in English. The English version of the notice must include text provided by the commissioner that informs employees that they may request, by indicating on the form, the notice be provided in a particular language. If requested, the employer shall provide the notice in the language requested by the employee. The commissioner shall make available to employers the text to be included in the English version of the notice required by this section and assist employers with translation of the notice in the languages requested by their employees.
(f) An employer must provide the employee any written changes to the information contained in the notice under paragraph (d) prior to the date the changes take effect.
Sec. 2. Minnesota Statutes 2022, section 181.942, subdivision 1, is amended to read:
Subdivision 1. Comparable
position. (a) An employee returning
from a leave of absence under section 181.941 is entitled to return to
employment in the employee's former position or in a position of comparable
duties, number of hours, and pay. An
employee returning from a leave of absence longer than one month must notify a
supervisor at least two weeks prior to return from leave. An employee returning from a leave under
section 181.9412 or 181.9413 sections 181.9445 to 181.9448 is
entitled to return to employment in the employee's former position.
(b) If, during a leave under sections 181.940 to 181.944, the employer experiences a layoff and the employee would have lost a position had the employee not been on leave, pursuant to the good faith operation of a bona fide layoff and recall system, including a system under a collective bargaining agreement, the employee is not entitled to reinstatement in the former or comparable position. In such circumstances, the employee retains all rights under the layoff and recall system, including a system under a collective bargaining agreement, as if the employee had not taken the leave.
Sec. 3. Minnesota Statutes 2022, section 181.9436, is amended to read:
181.9436 POSTING OF LAW.
The Division of Labor
Standards and Apprenticeship shall develop, with the assistance of interested
business and community organizations, an educational poster stating employees'
rights under sections 181.940 to 181.9436 181.9448. The department shall make the poster
available, upon request, to employers for posting on the employer's premises.
Sec. 4. [181.9445]
DEFINITIONS.
Subdivision 1. Definitions. For the purposes of section 177.50 and
sections 181.9445 to 181.9448, the terms defined in this section have the
meanings given them.
Subd. 2. Commissioner. "Commissioner" means the
commissioner of labor and industry or authorized designee or representative.
Subd. 3. Domestic
abuse. "Domestic
abuse" has the meaning given in section 518B.01.
Subd. 4. Earned
sick and safe time. "Earned
sick and safe time" means leave, including paid time off and other paid
leave systems, that is paid at the same hourly rate as an employee earns from
employment that may be used for the same purposes and under the same conditions
as provided under section 181.9447, but in no case shall this hourly rate be
less than that provided under section 177.24 or an applicable local minimum
wage.
Subd. 5. Employee. "Employee" means any person
who is employed by an employer, including temporary and part-time employees,
who performs work for at least 80 hours in a year for that employer in
Minnesota. Employee does not include:
(1) an independent contractor; or
(2) an individual
employed by an air carrier as a flight deck or cabin crew member who:
(i) is subject to United
States Code, title 45, sections 181 to 188;
(ii) works less than a
majority of their hours in Minnesota in a calendar year; and
(iii) is provided with
paid leave equal to or exceeding the amounts in section 181.9446.
Subd. 6. Employer. "Employer" means a person who has one or more employees. Employer includes an individual, a corporation, a partnership, an association, a business trust, a nonprofit organization, a group of persons, the state of Minnesota, a county, town, city, school district, or other governmental subdivision. In the case of an employee leasing company or professional employer organization, the taxpaying employer, as described in section 268.046, subdivision 1, remains the employer. In the case of an individual provider within the meaning of section 256B.0711, subdivision 1, paragraph (d), the employer includes any participant within the meaning of section 256B.0711, subdivision 1, paragraph (e), or participant's representative within the meaning of section 256B.0711, subdivision 1, paragraph (f). In the event that a temporary employee is supplied by a staffing agency, absent a contractual agreement stating otherwise, that individual shall be an employee of the staffing agency for all purposes of section 177.50 and sections 181.9445 to 181.9448. Employer does not include the United States government.
Subd. 7. Family
member. "Family
member" means:
(1) an employee's:
(i) child, foster child,
adult child, legal ward, child for whom the employee is legal guardian, or
child to whom the employee stands or stood in loco parentis;
(ii) spouse or
registered domestic partner;
(iii) sibling,
stepsibling, or foster sibling;
(iv) biological, adoptive, or
foster parent, stepparent, or a person who stood in loco parentis when the
employee was a minor child;
(v) grandchild, foster
grandchild, or stepgrandchild;
(vi) grandparent or
stepgrandparent;
(vii) a child of a
sibling of the employee;
(viii) a sibling of the
parents of the employee; or
(ix) a child-in-law or
sibling-in-law;
(2) any of the family
members listed in clause (1) of a spouse or registered domestic partner;
(3) any other individual
related by blood or whose close association with the employee is the equivalent
of a family relationship; and
(4) up to one individual
annually designated by the employee.
Subd. 8. Health
care professional. "Health
care professional" means any person licensed, certified, or otherwise
authorized under federal or state law to provide medical or emergency services,
including doctors, physician assistants, nurses, advanced practice registered
nurses, mental health professionals, and emergency room personnel.
Subd. 9. Sexual
assault. "Sexual
assault" means an act that constitutes a violation under sections 609.342
to 609.3453 or 609.352.
Subd. 10. Stalking. "Stalking" has the meaning
given in section 609.749.
Subd. 11. Year. "Year" means a regular and
consecutive 12-month period, as determined by an employer and clearly
communicated to each employee of that employer.
Sec. 5. [181.9446]
ACCRUAL OF EARNED SICK AND SAFE TIME.
(a) An employee accrues
a minimum of one hour of earned sick and safe time for every 30 hours worked up
to a maximum of 48 hours of earned sick and safe time in a year. Employees may not accrue more than 48 hours
of earned sick and safe time in a year unless the employer agrees to a higher
amount.
(b)(1) Except as
provided in clause (2), employers must permit an employee to carry over accrued
but unused sick and safe time into the following year. The total amount of accrued but unused earned
sick and safe time for an employee must not exceed 80 hours at any time, unless
an employer agrees to a higher amount.
(2) In lieu of
permitting the carryover of accrued but unused sick and safe time into the
following year as provided under clause (1), an employer may provide an
employee with earned sick and safe time for the year that meets or exceeds the
requirements of this section that is available for the employee's immediate use
at the beginning of the subsequent year as follows: (i) 48 hours, if an employer pays an employee
for accrued but unused sick and safe time at the end of a year at the same
hourly rate as an employee earns from employment; or (ii) 80 hours, if an
employer does not pay an employee for accrued but unused sick and safe time at
the end of a year at the same or greater hourly rate as an employee earns from
employment. In no case shall this hourly
rate be less than that provided under section 177.24, or an applicable local
minimum wage.
(c) Employees who are exempt
from overtime requirements under United States Code, title 29, section
213(a)(1), as amended through the effective date of this section, are deemed to
work 40 hours in each workweek for purposes of accruing earned sick and safe
time, except that an employee whose normal workweek is less than 40 hours
will accrue earned sick and safe time based on the normal workweek.
(d) Earned sick and safe
time under this section begins to accrue at the commencement of employment of
the employee.
(e) Employees may use earned sick and safe time as it is accrued.
Sec. 6. [181.9447]
USE OF EARNED SICK AND SAFE TIME.
Subdivision 1. Eligible
use. An employee may use
accrued earned sick and safe time for:
(1) an employee's:
(i) mental or physical
illness, injury, or other health condition;
(ii) need for medical
diagnosis, care, or treatment of a mental or physical illness, injury, or
health condition; or
(iii) need for
preventive medical or health care;
(2) care of a family
member:
(i) with a mental or
physical illness, injury, or other health condition;
(ii) who needs medical
diagnosis, care, or treatment of a mental or physical illness, injury, or other
health condition; or
(iii) who needs
preventive medical or health care;
(3) absence due to
domestic abuse, sexual assault, or stalking of the employee or employee's
family member, provided the absence is to:
(i) seek medical
attention related to physical or psychological injury or disability caused by
domestic abuse, sexual assault, or stalking;
(ii) obtain services
from a victim services organization;
(iii) obtain
psychological or other counseling;
(iv) seek relocation or
take steps to secure an existing home due to domestic abuse, sexual assault, or
stalking; or
(v) seek legal advice or
take legal action, including preparing for or participating in any civil or
criminal legal proceeding related to or resulting from domestic abuse, sexual
assault, or stalking;
(4) closure of the employee's place of business due to weather or other public emergency or an employee's need to care for a family member whose school or place of care has been closed due to weather or other public emergency;
(5) the employee's inability to
work or telework because the employee is:
(i) prohibited from working by the employer due to health concerns
related to the potential transmission of a communicable illness related to a
public emergency; or (ii) seeking or awaiting the results of a diagnostic test
for, or a medical diagnosis of, a communicable disease related to a public
emergency and such employee has been exposed to a communicable disease or the
employee's employer has requested a test or diagnosis; and
(6) when it has been
determined by the health authorities having jurisdiction or by a health care
professional that the presence of the employee or family member of the employee
in the community would jeopardize the health of others because of the exposure
of the employee or family member of the employee to a communicable disease,
whether or not the employee or family member has actually contracted the
communicable disease.
For the purposes of this
subdivision, a public emergency shall include a declared emergency as defined
in section 12.03 or a declared local emergency under section 12.29.
Subd. 2. Notice. An employer may require notice of the need for use of earned sick and safe time as provided in this paragraph. If the need for use is foreseeable, an employer may require advance notice of the intention to use earned sick and safe time but must not require more than seven days' advance notice. If the need is unforeseeable, an employer may require an employee to give notice of the need for earned sick and safe time as soon as practicable. An employer that requires notice of the need to use earned sick and safe time in accordance with this subdivision shall have a written policy containing reasonable procedures for employees to provide notice of the need to use earned sick and safe time, and shall provide a written copy of such policy to employees. If a copy of the written policy has not been provided to an employee, an employer shall not deny the use of earned sick and safe time to the employee on that basis.
Subd. 3. Documentation. (a) When an employee uses earned sick and safe time for more than three consecutive days, an employer may require reasonable documentation that the earned sick and safe time is covered by subdivision 1.
(b) For earned sick and
safe time under subdivision 1, clauses (1), (2), (5), and (6), reasonable
documentation may include a signed statement by a health care professional
indicating the need for use of earned sick and safe time. However, if the employee or employee's family
member did not receive services from a health care professional, or if
documentation cannot be obtained from a health care professional in a
reasonable time or without added expense, then reasonable documentation for the
purposes of this paragraph may include a written statement from the employee
indicating that the employee is using or used earned sick and safe time for a
qualifying purpose covered by subdivision 1, clause (1), (2), (5), or (6).
(c) For earned sick and safe time under subdivision 1, clause (3), an employer must accept a court record or documentation signed by a volunteer or employee of a victims services organization, an attorney, a police officer, or an antiviolence counselor as reasonable documentation.
(d) For earned sick and
safe time to care for a family member under subdivision 1, clause (4), an
employer must accept as reasonable documentation a written statement from the
employee indicating that the employee is using or used earned sick and safe
time for a qualifying purpose as reasonable documentation.
(e) An employer must not
require disclosure of details relating to domestic abuse, sexual assault, or
stalking or the details of an employee's or an employee's family member's
medical condition as related to an employee's request to use earned sick and safe
time under this section.
(f) Written statements
by an employee may be written in the employee's first language and need not be
notarized or in any particular format.
Subd. 4. Replacement
worker. An employer may not
require, as a condition of an employee using earned sick and safe time, that
the employee seek or find a replacement worker to cover the hours the employee
uses as earned sick and safe time.
Subd. 5. Increment
of time used. Earned sick and
safe time may be used in the smallest increment of time tracked by the
employer's payroll system, provided such increment is not more than four hours.
Subd. 6. Retaliation
prohibited. (a) An employer
shall not discharge, discipline, penalize, interfere with, threaten, restrain,
coerce, or otherwise retaliate or discriminate against a person because the
person has exercised or attempted to exercise rights protected under this act,
including but not limited to because the person requested earned sick and safe
time, used earned sick and safe time, requested a statement of accrued sick and
safe time, informed any person of his or her potential rights under sections
181.9445 to 181.9448, made a complaint or filed an action to enforce a right to
earned sick and safe time under this section, or is or was participating in any
manner in an investigation, proceeding, or hearing under this chapter.
(b) It shall be unlawful
for an employer's absence control policy or attendance point system to count
earned sick and safe time taken under this act as an absence that may lead to
or result in retaliation or any other adverse action.
(c) It shall be unlawful for an employer or any other person to report or threaten to report the actual or suspected citizenship or immigration status of a person or their family member to a federal, state, or local agency for exercising or attempting to exercise any right protected under this act.
(d) A person need not
explicitly refer to this act or the rights enumerated herein to be protected
from retaliation.
Subd. 7. Pay
and benefits. (a) During any
use of earned sick and safe time, the employer must maintain coverage under any
group insurance policy, group subscriber contract, or health care plan for the
employee and any dependents, as if the employee was not using earned sick and
safe time, provided, however, that the employee must continue to pay any
employee share of the cost of such benefits.
(b) An employee
returning from a leave under this section is entitled to return to employment
at the same rate of pay the employee had been receiving when the leave
commenced, plus any automatic adjustments in the employee's pay scale that
occurred during the leave period. The
employee returning from a leave is entitled to retain all accrued preleave
benefits of employment and seniority as if there had been no interruption in
service, provided that nothing under this section prevents the accrual of
benefits or seniority during the leave pursuant to a collective bargaining or
other agreement between the employer and employees.
Subd. 8. Part-time
return from leave. An
employee, by agreement with the employer, may return to work part time during
the leave period without forfeiting the right to return to employment at the
end of the leave, as provided under this section.
Subd. 9. Notice
and posting by employer. (a)
Employers must give notice to all employees that they are entitled to earned
sick and safe time, including the amount of earned sick and safe time, the
accrual year for the employee, the terms of its use under this section, and a
copy of the written policy for providing notice as provided under subdivision
2; that retaliation against employees who request or use earned sick and safe
time is prohibited; and that each employee has the right to file a complaint or
bring a civil action if earned sick and safe time is denied by the employer or
the employee is retaliated against for requesting or using earned sick and safe
time.
(b) Employers must
supply employees with a notice in English and the primary language of the
employee, as identified by the employee, that contains the information required
in paragraph (a) at commencement of employment or the effective date of this
section, whichever is later.
(c) The means used by the
employer must be at least as effective as the following options for providing
notice:
(1) posting a copy of the notice at each location where employees perform work and where the notice must be readily observed and easily reviewed by all employees performing work;
(2) providing a paper or
electronic copy of the notice to employees; or
(3) a conspicuous posting
in a web-based or app-based platform through which an employee performs work.
The notice must contain all information
required under paragraph (a).
(d) An employer that
provides an employee handbook to its employees must include in the handbook
notice of employee rights and remedies under this section.
(e) The Department of
Labor and Industry shall prepare a uniform employee notice form for employers
to use that provides the notice information required under this section. The commissioner shall prepare the uniform
employee notice in the five most common languages spoken in Minnesota. Upon the written request of an employer who
is subject to this section, the commissioner shall provide a copy of the
uniform employee notice in any primary language spoken by an employee in the
employer's place of business. If the
commissioner does not provide the copy of the uniform employee notice in
response to a request under this paragraph, the employer who makes the request
is not subject to a penalty for failing to provide the required notice under
this subdivision for violations that arise after the date of the request.
Subd. 10. Employer
records. (a) Employers shall
retain accurate records documenting hours worked by employees and earned sick
and safe time taken and comply with all requirements under section 177.30.
(b) An employer must
allow an employee to inspect records required by this section and relating to
that employee at a reasonable time and place.
Subd. 11. Confidentiality
and nondisclosure. (a) If, in
conjunction with this section, an employer possesses:
(1) health or medical
information regarding an employee or an employee's family member;
(2) information
pertaining to domestic abuse, sexual assault, or stalking;
(3) information that the
employee has requested or obtained leave under this section; or
(4) any written or oral
statement, documentation, record, or corroborating evidence provided by the
employee or an employee's family member, the employer must treat such
information as confidential.
Information given by an employee may only be
disclosed by an employer if the disclosure is requested or consented to by the
employee, when ordered by a court or administrative agency, or when otherwise
required by federal or state law.
(b) Records and documents
relating to medical certifications, recertifications, or medical histories of
employees or family members of employees created for purposes of section 177.50
or sections 181.9445 to 181.9448 must be maintained as confidential medical
records separate from the usual personnel files. At the request of the employee, the employer
must destroy or return the records required by sections 181.9445 to 181.9448
that are older than three years prior to the current calendar year.
(c) Employers may not
discriminate against any employee based on records created for the purposes of
section 177.50 or sections 181.9445 to 181.9448.
Sec. 7. [181.9448]
EFFECT ON OTHER LAW OR POLICY.
Subdivision 1. No
effect on more generous sick and safe time policies. (a) Nothing in sections 181.9445 to
181.9448 shall be construed to discourage employers from adopting or retaining
earned sick and safe time policies that meet or exceed, and do not otherwise
conflict with, the minimum standards and requirements provided in sections
181.9445 to 181.9448.
(b) Nothing in sections
181.9445 to 181.9448 shall be construed to limit the right of parties to a
collective bargaining agreement to bargain and agree with respect to earned
sick and safe time policies or to diminish the obligation of an employer to comply
with any contract, collective bargaining agreement, or any employment benefit
program or plan that meets or exceeds, and does not otherwise conflict with,
the minimum standards and requirements provided in this section.
(c) Nothing in sections
181.9445 to 181.9448 shall be construed to preempt, limit, or otherwise affect
the applicability of any other law, regulation, requirement, policy, or
standard that provides for a greater amount, accrual, or use by employees of paid
sick and safe time or that extends other protections to employees.
(d) Nothing in sections
181.9445 to 181.9448 shall be construed or applied so as to create any power or
duty in conflict with federal law.
(e) Employers who
provide earned sick and safe time to their employees under a paid time off
policy or other paid leave policy that may be used for the same purposes and
under the same conditions as earned sick and safe time, and that meets or
exceeds, and does not otherwise conflict with, the minimum standards and
requirements provided in sections 181.9445 to 181.9448 are not required to
provide additional earned sick and safe time.
(f) The provisions of
sections 181.9445 to 181.9448 may be waived by a collective bargaining
agreement with a bona fide building and construction trades labor organization
that has established itself as the collective bargaining representative for the
affected building and construction industry employees, provided that for such
waiver to be valid, it shall explicitly reference sections 181.9445 to 181.9448
and clearly and unambiguously waive application of those sections to such
employees.
(g) Sections 181.9445 to
181.9448 do not prohibit an employer from establishing a policy whereby
employees may donate unused accrued sick and safe time to another employee.
(h) Sections 181.9445 to
181.9448 do not prohibit an employer from advancing sick and safe time to an
employee before accrual by the employee.
Subd. 2. Termination;
separation; transfer. Sections
181.9445 to 181.9448 do not require financial or other reimbursement to an
employee from an employer upon the employee's termination, resignation,
retirement, or other separation from employment for accrued earned sick and
safe time that has not been used. If an
employee is transferred to a separate division, entity, or location, but
remains employed by the same employer, the employee is entitled to all earned
sick and safe time accrued at the prior division, entity, or location and is
entitled to use all earned sick and safe time as provided in sections 181.9445
to 181.9448. When there is a separation
from employment and the employee is rehired within 180 days of separation by
the same employer, previously accrued earned sick and safe time that had not
been used must be reinstated. An
employee is entitled to use accrued earned sick and safe time and accrue
additional earned sick and safe time at the commencement of reemployment.
Subd. 3. Employer
succession. (a) When a
different employer succeeds or takes the place of an existing employer, all
employees of the original employer who remain employed by the successor
employer are entitled to all earned sick and safe time accrued but not used
when employed by the original employer, and are entitled to use all earned sick
and safe time previously accrued but not used.
(b) If, at the time of transfer
of the business, employees are terminated by the original employer and hired
within 30 days by the successor employer following the transfer, those
employees are entitled to all earned sick and safe time accrued but not used
when employed by the original employer, and are entitled to use all earned sick
and safe time previously accrued but not used.
Sec. 8. REPEALER.
Minnesota Statutes 2022,
section 181.9413, is repealed.
Sec. 9. EFFECTIVE
DATE.
This article is
effective January 1, 2024.
ARTICLE 13
EARNED SICK AND SAFE TIME ENFORCEMENT
Section 1. Minnesota Statutes 2022, section 177.27, subdivision 2, is amended to read:
Subd. 2. Submission of records; penalty. The commissioner may require the employer of employees working in the state to submit to the commissioner photocopies, certified copies, or, if necessary, the originals of employment records which the commissioner deems necessary or appropriate. The records which may be required include full and correct statements in writing, including sworn statements by the employer, containing information relating to wages, hours, names, addresses, and any other information pertaining to the employer's employees and the conditions of their employment as the commissioner deems necessary or appropriate.
The commissioner may require the records to be submitted by certified mail delivery or, if necessary, by personal delivery by the employer or a representative of the employer, as authorized by the employer in writing.
The commissioner may fine
the employer up to $1,000 $10,000 for each failure to submit or
deliver records as required by this section, and up to $5,000 for each
repeated failure. This penalty is in
addition to any penalties provided under section 177.32, subdivision 1. In determining the amount of a civil penalty
under this subdivision, the appropriateness of such penalty to the size of the
employer's business and the gravity of the violation shall be considered.
Sec. 2. Minnesota Statutes 2022, section 177.27, subdivision 4, as amended by Laws 2023, chapter 30, section 1, is amended to read:
Subd. 4. Compliance orders. The commissioner may issue an order requiring an employer to comply with sections 177.21 to 177.435, 181.02, 181.03, 181.031, 181.032, 181.101, 181.11, 181.13, 181.14, 181.145, 181.15, 181.172, paragraph (a) or (d), 181.275, subdivision 2a, 181.722, 181.79, 181.939 to 181.943, 181.9445 to 181.9448, and 181.987, or with any rule promulgated under section 177.28. The commissioner shall issue an order requiring an employer to comply with sections 177.41 to 177.435 or 181.987 if the violation is repeated. For purposes of this subdivision only, a violation is repeated if at any time during the two years that preceded the date of violation, the commissioner issued an order to the employer for violation of sections 177.41 to 177.435 or 181.987 and the order is final or the commissioner and the employer have entered into a settlement agreement that required the employer to pay back wages that were required by sections 177.41 to 177.435. The department shall serve the order upon the employer or the employer's authorized representative in person or by certified mail at the employer's place of business. An employer who wishes to contest the order must file written notice of objection to the order with the
commissioner within 15 calendar days after being served with the order. A contested case proceeding must then be held in accordance with sections 14.57 to 14.69. If, within 15 calendar days after being served with the order, the employer fails to file a written notice of objection with the commissioner, the order becomes a final order of the commissioner.
EFFECTIVE DATE. This
section is effective January 1, 2024.
Sec. 3. Minnesota Statutes 2022, section 177.27, subdivision 7, is amended to read:
Subd. 7. Employer
liability. If an employer is found
by the commissioner to have violated a section identified in subdivision 4, or
any rule adopted under section 177.28, and the commissioner issues an order to
comply, the commissioner shall order the employer to cease and desist from engaging
in the violative practice and to take such affirmative steps that in the
judgment of the commissioner will effectuate the purposes of the section or
rule violated. The commissioner shall
order the employer to pay to the aggrieved parties back pay, gratuities, and
compensatory damages, less any amount actually paid to the employee by the
employer, and for an additional equal amount as liquidated damages. Any employer who is found by the commissioner
to have repeatedly or willfully violated a section or sections identified in
subdivision 4 shall be subject to a civil penalty of up to $1,000 $10,000
for each violation for each employee. In
determining the amount of a civil penalty under this subdivision, the
appropriateness of such penalty to the size of the employer's business and the
gravity of the violation shall be considered.
In addition, the commissioner may order the employer to reimburse the
department and the attorney general for all appropriate litigation and hearing
costs expended in preparation for and in conducting the contested case
proceeding, unless payment of costs would impose extreme financial hardship on
the employer. If the employer is able to
establish extreme financial hardship, then the commissioner may order the
employer to pay a percentage of the total costs that will not cause extreme
financial hardship. Costs include but
are not limited to the costs of services rendered by the attorney general,
private attorneys if engaged by the department, administrative law judges,
court reporters, and expert witnesses as well as the cost of transcripts. Interest shall accrue on, and be added to,
the unpaid balance of a commissioner's order from the date the order is signed
by the commissioner until it is paid, at an annual rate provided in section
549.09, subdivision 1, paragraph (c). The
commissioner may establish escrow accounts for purposes of distributing
damages.
Sec. 4. [177.50]
EARNED SICK AND SAFE TIME ENFORCEMENT.
Subdivision 1. Definitions. The definitions in section 181.9445
apply to this section.
Subd. 2. Individual
remedies. An action to
recover damages under section 181.944 for violation of sections 181.9445 to
181.9448 must be commenced within three years of the violation that caused the
injury to the employee.
Subd. 3. Grants
to community organizations. The
commissioner may make grants to community organizations for the purpose of
outreach to and education for employees regarding their rights under sections
181.9445 to 181.9448. The
community-based organizations must be selected based on their experience,
capacity, and relationships in high-violation industries. The work under such a grant may include the
creation and administration of a statewide worker hotline.
Subd. 4. Report
to legislature. (a) The
commissioner must submit an annual report to the legislature, including to the
chairs and ranking minority members of any relevant legislative committee. The report must include but is not limited
to:
(1) a list of all
violations of sections 181.9445 to 181.9448, including the employer involved,
and the nature of any violations; and
(2) an analysis of
noncompliance with sections 181.9445 to 181.9448, including any patterns by
employer, industry, or county.
(b) A report under this
section must not include an employee's name or other identifying information,
any health or medical information regarding an employee or an employee's family
member, or any information pertaining to domestic abuse, sexual assault, or
stalking of an employee or an employee's family member.
Subd. 5. Contract
for labor or services. It is
the responsibility of all employers to not enter into any contract or agreement
for labor or services where the employer has any actual knowledge or knowledge
arising from familiarity with the normal facts and circumstances of the
business activity engaged in, or has any additional facts or information that,
taken together, would make a reasonably prudent person undertake to inquire
whether, taken together, the contractor is not complying or has failed to comply
with this section. For purposes of this
subdivision, "actual knowledge" means information obtained by the
employer that the contractor has violated this section within the past two
years and has failed to present the employer with credible evidence that such
noncompliance has been cured going forward.
EFFECTIVE DATE. This
section is effective January 1, 2024, except that the grant-making process
under subdivision 3 is effective the day following final enactment.
Sec. 5. Minnesota Statutes 2022, section 181.944, is amended to read:
181.944 INDIVIDUAL REMEDIES.
In addition to any other
remedies provided by law, a person injured by a violation of sections 181.172,
paragraph (a) or (d), and 181.939 to 181.943, and 181.9445 to
181.9448 may bring a civil action to recover any and all damages
recoverable at law, together with costs and disbursements, including reasonable
attorney's fees, and may receive injunctive and other equitable relief as
determined by a court.
EFFECTIVE DATE. This
section is effective January 1, 2024, and applies to causes of action occurring
on or after that date.
ARTICLE 14
EARNED SICK AND SAFE TIME APPROPRIATIONS
Section 1. EARNED
SICK AND SAFE TIME APPROPRIATIONS.
(a) $1,445,000 in fiscal
year 2024 and $2,209,000 in fiscal year 2025 are appropriated from the general
fund to the commissioner of labor and industry for enforcement and other duties
regarding earned sick and safe time under Minnesota Statutes, sections 181.9445
to 181.9448, and chapter 177. The base
for this appropriation is $1,899,000 for fiscal year 2026 and each year
thereafter.
(b) $300,000 in fiscal
year 2024 and $300,000 in fiscal year 2025 are appropriated from the general
fund to the commissioner of labor and industry for grants to community
organizations under Minnesota Statutes, section 177.50, subdivision 4. This is a onetime appropriation.
ARTICLE 15
EMPLOYMENT AND ECONOMIC DEVELOPMENT
Section 1. [116J.418]
OFFICE OF CHILD CARE COMMUNITY PARTNERSHIPS.
Subdivision 1. Definitions. (a) For the purposes of this section,
the terms in this subdivision have the meanings given them.
(b) "Child care"
means the care of children while parents or guardians are at work or absent for
another reason.
(c) "Local unit of
government" has the meaning given in section 116G.03, subdivision 3.
(d) "Office"
means the Office of Child Care Community Partnerships established in
subdivision 2, paragraph (a).
Subd. 2. Office
established; purpose. (a) An
Office of Child Care Community Partnerships is established within the
Department of Employment and Economic Development. The department may employ a director and
staff necessary to carry out the office's duties under subdivision 4.
(b) The purpose of the
office is to support child care businesses within the state in order to:
(1) increase the
quantity of quality child care available; and
(2) improve
accessibility to child care for underserved communities and populations.
Subd. 3. Organization. The office shall consist of a director
of the Office of Child Care Community Partnerships, as well as any staff
necessary to carry out the office's duties under subdivision 4.
Subd. 4. Duties. The office shall have the power and
duty to:
(1) coordinate with
state, regional, local, and private entities to promote investment in
increasing the quantity of quality child care in Minnesota;
(2) coordinate with
other agencies including but not limited to Minnesota Management and Budget,
the Department of Human Services, and the Department of Education to develop,
recommend, and implement solutions to increase the quantity of quality child
care openings;
(3) administer the child
care economic development grant program and other appropriations to the
department for this purpose;
(4) monitor the child
care business development efforts of other states and countries;
(5) provide support to
the governor's Children's Cabinet;
(6) provide an annual
report, as required by subdivision 5; and
(7) perform any other
activities consistent with the office's purpose.
Subd. 5. Reporting. (a) Beginning January 15, 2024, and
each year thereafter, the Office of Child Care Community Partnerships shall
report to the legislative committees with jurisdiction over child care policy
and finance on the office's activities during the previous year.
(b) The report shall
contain, at a minimum:
(1) an analysis of the
current access to child care within the state;
(2) an analysis of the
current shortage of child care workers within the state;
(3) a summary of the
office's activities;
(4) any proposed legislative
and policy initiatives; and
(5) any other information
requested by the legislative committees with jurisdiction over child care, or
that the office deems necessary.
(c) The report may be
submitted electronically and is subject to section 3.195, subdivision 1.
Sec. 2. [116J.4231]
OFFICE OF NEW AMERICANS.
Subdivision 1. Office
established; purpose. (a) The
Office of New Americans is established within the Department of Employment and Economic
Development. The governor must appoint
an assistant commissioner who serves in the unclassified service. The assistant commissioner must hire a
program manager, an office assistant, and any staff necessary to carry out the
office's duties under subdivision 2.
(b) The purpose of the
office is to foster immigrant and refugee inclusion through an intentional
process to improve economic mobility, enhance civic participation, and improve
receiving communities' openness to immigrants and refugees by incorporating the
needs and aspirations of immigrants and refugees, their families, and their
communities for the benefit of all by fulfilling the duties outlined in
subdivision 2.
Subd. 2. Duties. The Office of New Americans has the
following duties:
(1) create and implement
a statewide strategy and programming to foster and promote immigrant and
refugee inclusion in Minnesota so as to improve economic mobility, enhance
civic participation, and improve receiving communities' openness to immigrants
and refugees;
(2) address the state's
workforce needs by connecting employers and job seekers within the immigrant
and refugee community;
(3) identify and support
implementation of programs and strategies to reduce employment barriers for
immigrants and refugees, including the creation of alternative employment
pathways;
(4) support programs and
activities designed to ensure equitable access to the workforce for immigrants
and refugees, including those who are disabled;
(5) support equitable
opportunities for immigrants and refugees to access state government services
and grants, including collaborating with Minnesota's ethnic councils as created
by section 15.0145;
(6) work with state
agencies, Minnesota's ethnic councils, and community and foundation partners to
undertake studies and research and analyze economic and demographic trends to
better understand and serve the state's immigrant and refugee communities;
(7) coordinate and
establish best practices for language access initiatives to all state agencies
after soliciting input from Minnesota's ethnic councils;
(8) convene stakeholders
to further the objectives identified in subdivision 1;
(9) make policy
recommendations to the governor on issues impacting immigrants and refugees
after soliciting input from Minnesota's ethnic councils;
(10) engage all
stakeholders to further the objectives identified in subdivision 1 within the
context of workforce access and workforce readiness, including in the areas of
employment, housing, legal services, health care, and education and communicate
the importance of immigrant and refugee inclusion in the success of immigrants,
refugees, their children, and the communities in which they settle;
(11) engage with and support
existing municipal and county offices that promote and foster immigrant and
refugee inclusion and encourage the development of new municipal and county
offices dedicated to immigrant and refugee inclusion;
(12) serve as the point
of contact for immigrants and refugees accessing resources both within the
department and with boards charged with oversight of a profession;
(13) promulgate rules
necessary to implement and effectuate this section;
(14) provide an annual report, as required by subdivision 3;
(15) perform any other activities consistent with the office's purpose; and
(16) administer any
grant program or other appropriation to the office.
Subd. 3. Reporting. (a) Beginning January 15, 2025, and
each year thereafter, the Office of New Americans shall report to the
legislative committees with jurisdiction over the office's activities during
the previous year.
(b) The report shall
contain, at a minimum:
(1) a summary of the
office's activities;
(2) suggested policies,
incentives, and legislation designed to accelerate the achievement of the
duties under subdivision 2;
(3) any proposed
legislative and policy initiatives;
(4) the amount and types
of grants awarded under subdivision 6; and
(5) any other
information deemed necessary and requested by the legislative committees with
jurisdiction over the office.
(c) The report may be
submitted electronically and is subject to section 3.195, subdivision 1.
Subd. 4. Interdepartmental
Coordinating Council on Immigrant and Refugee Affairs. (a) An Interdepartmental Coordinating
Council on Immigrant and Refugee Affairs is established to advise the Office of
New Americans.
(b) The purpose of the
council is to identify and establish ways in which state departments, agencies,
and Minnesota's ethnic councils can work together to deliver state programs and
services effectively and efficiently to Minnesota's immigrant and refugee
populations. The council shall implement
policies, procedures, and programs requested by the governor through the state
departments and offices.
(c) The council shall be
chaired by the assistant commissioner of the Office of New Americans and shall
include the commissioners, department directors, or designees from the
following:
(1) the governor's
office;
(2) the Department of
Administration;
(3) the Department of
Employment and Economic Development;
(4) the Department of Human
Services;
(5) the Department of
Human Services Refugee Resettlement Programs Office;
(6) the Department of
Labor and Industry;
(7) the Department of
Health;
(8) the Department of
Education;
(9) the Office of Higher
Education;
(10) the Department of
Public Safety;
(11) the Department of
Corrections;
(12) the Council on
Asian Pacific Minnesotans;
(13) the Council for
Minnesotans of African Heritage; and
(14) the Minnesota
Council on Latino Affairs.
(d) Each department or
office specified in paragraph (c) shall designate one staff member as an
immigrant and refugee services liaison. The
liaison's responsibilities shall include:
(1) preparation and
dissemination of information and services available to immigrants and refugees;
and
(2) interfacing with the
Office of New Americans on issues that impact immigrants and refugees.
Subd. 5. No
right of action. Nothing in
this section shall be construed to create any right or benefit, substantive or
procedural, enforceable at law or in equity by any party against the state; its
departments, agencies, or entities; its officers, employees, or agents; or any
other person.
Subd. 6. Grants. The Office of New Americans may apply
for grants for interested state agencies, community partners, and stakeholders
under this section to carry out the duties under subdivision 2.
Sec. 3. [116J.545]
GETTING TO WORK GRANT PROGRAM.
Subdivision 1. Creation. The commissioner of employment and
economic development shall make grants to nonprofit organizations to establish
and operate programs under this section that provide, repair, or maintain motor
vehicles to assist eligible individuals to obtain or maintain employment. All grants shall be for two years.
Subd. 2. Qualified
grantee. A grantee must:
(1) qualify under
section 501(c)(3) of the Internal Revenue Code; and
(2) at the time of
application, offer or have the demonstrated capacity to offer a motor vehicle
program that provides the services required under subdivision 3.
Subd. 3. Program
requirements. (a) A program
must offer one or more of the following services:
(1) provision of new or
used motor vehicles by gift, sale, or lease;
(2) motor vehicle repair
and maintenance services; or
(3) motor vehicle loans.
(b) In addition to the
requirements of paragraph (a), a program must offer one or more of the
following services:
(1) financial literacy
education;
(2) education on
budgeting for vehicle ownership;
(3) car maintenance and
repair instruction;
(4) credit counseling; or
(5) job training related
to motor vehicle maintenance and repair.
Subd. 4. Application. Applications for a grant must be on a
form provided by the commissioner and on a schedule set by the commissioner. Applications must, in addition to any other
information required by the commissioner, include the following:
(1) a detailed
description of all services to be offered;
(2) the area to be served;
(3) the estimated number
of program participants to be served by the grant; and
(4) a plan for
leveraging resources from partners that may include but are not limited to:
(i) automobile dealers;
(ii) automobile parts
dealers;
(iii) independent local
mechanics and automobile repair facilities;
(iv) banks and credit
unions;
(v) employers;
(vi) employment and
training agencies;
(vii) insurance
companies and agents;
(viii) local workforce
centers; and
(ix) educational
institutions, including vocational institutions and jobs or skills training
programs.
Subd. 5. Participant
eligibility. (a) To be
eligible to receive program services, a person must:
(1) have a household
income at or below 200 percent of the federal poverty level;
(2) be at least 18 years
of age;
(3) have a valid
driver's license;
(4) provide the grantee
with proof of motor vehicle insurance; and
(5) demonstrate to the
grantee that a motor vehicle is required by the person to obtain or maintain
employment.
(b) This subdivision
does not preclude a grantee from imposing additional requirements, not
inconsistent with paragraph (a), for the receipt of program services.
Subd. 6. Report
to legislature. By January
15, 2026, and each January 15 in an even-numbered year thereafter, the
commissioner shall submit a report to the chairs of the house of
representatives and senate committees with jurisdiction over workforce and
economic development on program outcomes.
At a minimum, the report must include:
(1) the total number of
program participants;
(2) the number of
program participants who received each of the following:
(i) provision of a motor
vehicle;
(ii) motor vehicle
repair services; and
(iii) motor vehicle
loans;
(3) the number of
program participants who report that they or their children were able to
increase their participation in community activities such as after school
programs, other youth programs, church or civic groups, or library services as
a result of participation in the program; and
(4) an analysis of the
impact of the getting to work grant program on the employment rate and wages of
program participants.
Sec. 4. Minnesota Statutes 2022, section 116J.5492, subdivision 8, is amended to read:
Subd. 8. Meetings. The advisory committee must meet monthly
until the energy transition plan is submitted quarterly and submit an
updated energy transition plan annually to the governor and the legislature. Once submitted, the committee shall
develop a regular meeting schedule as needed. The chair may call additional meetings as
necessary.
Sec. 5. Minnesota Statutes 2022, section 116J.5492, subdivision 10, is amended to read:
Subd. 10. Expiration. This section expires the day after the
Minnesota energy transition plan required under section 116J.5493 is submitted
to the legislature and the governor on June 30, 2027.
Sec. 6. Minnesota Statutes 2022, section 116J.55, subdivision 1, is amended to read:
Subdivision 1. Definitions. For the purposes of this section, "eligible community" means a county, municipality, or tribal government located in Minnesota in which an electric generating plant owned by a public utility, as defined in section 216B.02, that is powered by coal, nuclear energy, or natural gas:
(1) is currently operating
and (i) is scheduled to cease operations or, (ii) whose
cessation of operations has been proposed in an integrated resource plan filed
with the commission under section 216B.2422, or (iii) whose current
operating license expires within 15 years of the effective date of this section;
or
(2) ceased operations or was removed from the local property tax base no earlier than five years before the date an application is made for a grant under this section.
Sec. 7. Minnesota Statutes 2022, section 116J.55, subdivision 5, is amended to read:
Subd. 5. Grant
awards; limitations. (a) The
commissioner must award grants under this section to eligible communities
through a competitive grant process.
(b) (a) A
grant awarded to an eligible community under this section must not exceed $500,000
$1,000,000 in any calendar year. The
commissioner may accept grant applications on an ongoing or rolling basis.
(c) (b) Grants
funded with revenues from the renewable development account established in section
116C.779 must be awarded to an eligible community located within the retail
electric service territory of the public utility that is subject to section
116C.779 or to an eligible community in which an electric generating plant
owned by that public utility is located.
Sec. 8. Minnesota Statutes 2022, section 116J.55, subdivision 6, is amended to read:
Subd. 6. Eligible expenditures. (a) Money in the account established in subdivision 3 must be used only to:
(1) award grants to eligible communities under this section; and
(2) reimburse the
department's reasonable costs to administer this section, up to a maximum of
five percent of the appropriation made to the commissioner under this section. The commissioner may transfer part of the
allowable administrative portion of this appropriation to the Environmental
Quality Board to assist communities with regulatory coordination and dedicated
technical assistance on conversion for these communities.
(b) An eligible community awarded a grant under this section may use the grant to plan for or address the economic and social impacts on the eligible community of the electric generating plant's cessation of operations, including but not limited to land use studies, economic planning, researching, planning, and implementing activities, capital costs of public infrastructure necessary for economic development, and impact studies and other planning activities enabling communities to become shovel-ready and support the transition from power plants to other economic activities to minimize the negative impacts of power plant closures on tax revenues and jobs designed to:
(1) assist workers at the plant find new employment, including worker retraining and developing small business start-up skills;
(2) increase the eligible community's property tax base; and
(3) develop alternative economic development strategies to attract new employers to the eligible community.
Sec. 9. [116J.682]
SMALL BUSINESS ASSISTANCE PARTNERSHIPS PROGRAM.
Subdivision 1. Definitions. (a) For the purposes of this section,
the terms in this subdivision have the meanings given.
(b)
"Commissioner" means the commissioner of employment and economic
development.
(c) "Partner
organizations" or "partners" means:
(1) nonprofit
organizations or public entities, including higher education institutions,
engaged in business development or economic development;
(2) community
development financial institutions; or
(3) community
development corporations.
(d) "Small business" has the meaning given in section 3 of the Small Business Act, United States Code, title 15, section 632.
(e) "Underserved
populations and geographies" means individuals who are Black, Indigenous,
people of color, veterans, people with disabilities, people who are LGBTQ+, and
low-income individuals and includes people from rural Minnesota.
Subd. 2. Establishment. The commissioner shall establish the small business assistance partnerships program to make grants to local and regional community-based organizations to provide small business development and technical assistance services to entrepreneurs and small business owners.
Subd. 3. Small
business assistance partnerships grants.
(a) The commissioner shall make small business assistance
partnerships grants to local and regional community-based organizations to
provide small business development and technical assistance services to
entrepreneurs and small business owners.
The commissioner must prioritize applications that provide services to
underserved populations and geographies.
(b) Grantees shall use the grant funds to provide high-quality, free or low-cost professional business development and technical assistance services that support the start-up, growth, and success of Minnesota's entrepreneurs and small business owners.
Subd. 4. Report. By January 31 of each year, partner organizations participating in the program must provide a report to the commissioner on the outcomes of the program, including but not limited to the number of entrepreneurs and small businesses served, number of hours of business assistance services provided, number of new businesses started, number of full-time equivalent jobs created and retained, and demographic and geographic details of the individuals being served.
Sec. 10. [116J.8733]
MINNESOTA EXPANDING OPPORTUNITY FUND PROGRAM.
Subdivision 1. Establishment. The Minnesota Expanding Opportunity
Fund Program is established to capitalize Minnesota nonprofit corporations to
increase lending activities with Minnesota small businesses.
Subd. 2. Long-term
loans. The department may
make long-term loans of ten to 12 years at 0.5 percent or lower interest rates
to nonprofit corporations to enable nonprofit corporations to make more loans
to Minnesota small businesses. The
department may use the interest received to offset the cost of administering
small business lending programs.
Subd. 3. Loan
eligibility; nonprofit corporation. (a)
The eligible nonprofit corporation must not meet the definition of recipient
under section 116J.993, subdivision 6.
(b) The commissioner may
enter into loan agreements with Minnesota nonprofit corporations that apply to
participate in the Minnesota Expanding Opportunity Fund Program. The commissioner shall evaluate applications
from applicant nonprofit corporations. In
evaluating applications, the department must consider, among other things,
whether the nonprofit corporation:
(1) meets the statutory
definition of a community development financial institution as defined in
section 103 of the Riegle Community Development and Regulatory Improvement Act
of 1994, United States Code, title 12, section 4702;
(2) has a board of
directors or loan or credit committee that includes citizens experienced in
small business services and community development;
(3) has the technical
skills to analyze small business loan requests;
(4) is familiar with
other available public and private funding sources and economic development
programs;
(5) is enrolled in one
or more eligible federally funded state programs; and
(6) has the
administrative capacity to manage a loan portfolio.
Subd. 4. Revolving
loan fund. (a) The
commissioner shall establish a revolving loan fund to make loans to nonprofit
corporations for the purpose of increasing nonprofit corporation capital and
lending activities with Minnesota small businesses.
(b) Nonprofit
corporations that receive loans from the commissioner under the program must
establish appropriate accounting practices for the purpose of tracking eligible
loans.
Subd. 5. Loan portfolio administration. (a) The interest rate charged by a nonprofit corporation for a loan under this subdivision must not exceed the Wall Street Journal prime rate plus two percent. A nonprofit corporation participating in the Minnesota Expanding Opportunity Fund Program may charge a loan closing fee equal to or less than two percent of the loan value.
(b) The nonprofit
corporation may retain all earnings from fees and interest from loans to small
businesses.
Subd. 6. Cooperation. A nonprofit corporation that receives
a program loan shall cooperate with other organizations, including but not
limited to community development corporations, community action agencies, and
the Minnesota small business development centers.
Subd. 7. Reporting requirements. (a) A nonprofit corporation that receives a program loan must submit an annual report to the commissioner by February 15 of each year that includes:
(1) the number of
businesses to which a loan was made;
(2) a description of
businesses supported by the program;
(3) demographic
information, as specified by the commissioner, regarding each borrower;
(4) an account of loans
made during the calendar year;
(5) the program's impact on job
creation and retention;
(6) the source and
amount of money collected and distributed by the program;
(7) the program's assets
and liabilities; and
(8) an explanation of
administrative expenses.
(b) A nonprofit
corporation that receives a program loan must provide for an independent annual
audit to be performed in accordance with generally accepted accounting
practices and auditing standards and submit a copy of each annual audit report
to the commissioner.
Sec. 11. Minnesota Statutes 2022, section 116J.8748, subdivision 3, is amended to read:
Subd. 3. Minnesota job creation fund business designation; requirements. (a) To receive designation as a Minnesota job creation fund business, a business must satisfy all of the following conditions:
(1) the business is or will be engaged in, within Minnesota, one of the following as its primary business activity:
(i) manufacturing;
(ii) warehousing;
(iii) distribution;
(iv) information technology;
(v) finance;
(vi) insurance; or
(vii) professional or technical services;
(2) the business must not be primarily engaged in lobbying; gambling; entertainment; professional sports; political consulting; leisure; hospitality; or professional services provided by attorneys, accountants, business consultants, physicians, or health care consultants, or primarily engaged in making retail sales to purchasers who are physically present at the business's location;
(3) the business must enter into a binding construction and job creation business subsidy agreement with the commissioner to expend directly, or ensure expenditure by or in partnership with a third party constructing or managing the project, at least $500,000 in capital investment in a capital investment project that includes a new, expanded, or remodeled facility within one year following designation as a Minnesota job creation fund business or $250,000 if the project is located outside the metropolitan area as defined in section 200.02, subdivision 24, or if 51 percent of the business is cumulatively owned by minorities, veterans, women, or persons with a disability; and:
(i) create at least ten new full-time employee positions within two years of the benefit date following the designation as a Minnesota job creation fund business or five new full-time employee positions within two years of the benefit date if the project is located outside the metropolitan area as defined in section 200.02, subdivision 24, or if 51 percent of the business is cumulatively owned by minorities, veterans, women, or persons with a disability; or
(ii) expend at least
$25,000,000, which may include the installation and purchase of machinery and
equipment, in capital investment and retain at least 200 100
employees for projects located in the metropolitan area as defined in section
200.02, subdivision 24, and 75 or expend at least $10,000,000, which
may include the installation and purchase of machinery and equipment, in
capital investment and retain at least 50 employees for projects located
outside the metropolitan area;
(4) positions or employees moved or relocated from another Minnesota location of the Minnesota job creation fund business must not be included in any calculation or determination of job creation or new positions under this paragraph; and
(5) a Minnesota job creation fund business must not terminate, lay off, or reduce the working hours of an employee for the purpose of hiring an individual to satisfy job creation goals under this subdivision.
(b) Prior to approving the proposed designation of a business under this subdivision, the commissioner shall consider the following:
(1) the economic outlook of the industry in which the business engages;
(2) the projected sales of the business that will be generated from outside the state of Minnesota;
(3) how the business will build on existing regional, national, and international strengths to diversify the state's economy;
(4) whether the business activity would occur without financial assistance;
(5) whether the business is unable to expand at an existing Minnesota operation due to facility or land limitations;
(6) whether the business has viable location options outside Minnesota;
(7) the effect of financial assistance on industry competitors in Minnesota;
(8) financial contributions to the project made by local governments; and
(9) any other criteria the commissioner deems necessary.
(c) Upon receiving notification of local approval under subdivision 2, the commissioner shall review the determination by the local government and consider the conditions listed in paragraphs (a) and (b) to determine whether it is in the best interests of the state and local area to designate a business as a Minnesota job creation fund business.
(d) If the commissioner designates a business as a Minnesota job creation fund business, the business subsidy agreement shall include the performance outcome commitments and the expected financial value of any Minnesota job creation fund benefits.
(e) The commissioner may amend an agreement once, upon request of a local government on behalf of a business, only if the performance is expected to exceed thresholds stated in the original agreement.
(f) A business may apply to be designated as a Minnesota job creation fund business at the same location more than once only if all goals under a previous Minnesota job creation fund agreement have been met and the agreement is completed.
Sec. 12. Minnesota Statutes 2022, section 116J.8748, subdivision 4, is amended to read:
Subd. 4. Certification; benefits. (a) The commissioner may certify a Minnesota job creation fund business as eligible to receive a specific value of benefit under paragraphs (b) and (c) when the business has achieved its job creation and capital investment goals noted in its agreement under subdivision 3.
(b) A qualified Minnesota job creation fund business may be certified eligible for the benefits in this paragraph for up to five years for projects located in the metropolitan area as defined in section 200.02, subdivision 24, and seven years for projects located outside the metropolitan area, as determined by the commissioner when considering the best interests of the state and local area. Notwithstanding section 16B.98, subdivision 5, paragraph (a), clause (3), or 16B.98, subdivision 5, paragraph (b), grant agreements for projects located outside the metropolitan area may be for up to seven years in length. The eligibility for the following benefits begins the date the commissioner certifies the business as a qualified Minnesota job creation fund business under this subdivision:
(1) up to five percent rebate for projects located in the metropolitan area as defined in section 200.02, subdivision 24, and 7.5 percent for projects located outside the metropolitan area, on capital investment on qualifying purchases as provided in subdivision 5 with the total rebate for a project not to exceed $500,000;
(2) an award of up to $500,000 based on full-time job creation and wages paid as provided in subdivision 6 with the total award not to exceed $500,000;
(3) up to $1,000,000 in
capital investment rebates and $1,000,000 in job creation awards are allowable
for projects that have at least $25,000,000 in capital investment and 200
100 new employees in the metropolitan area as defined in section 200.02,
subdivision 24, or at least $10,000,000 in capital investment and 75
50 new employees for projects located outside the metropolitan area;
(4) up to $1,000,000 in
capital investment rebates and up to $1,000,000 in job creation awards
are allowable for projects that have at least $25,000,000 in capital investment,
which may include the installation and purchase of machinery and equipment,
and 200 100 retained employees for projects located in the
metropolitan area as defined in section 200.02, subdivision 24, and 75 or
at least $10,000,000 in capital investment, which may include the installation
and purchase of machinery and equipment, and 50 retained employees for
projects located outside the metropolitan area; and
(5) for clauses (3) and (4) only, the capital investment expenditure requirements may include the installation and purchases of machinery and equipment. These expenditures are not eligible for the capital investment rebate provided under subdivision 5.
(c) The job creation award
may be provided in multiple years as long as the qualified Minnesota job
creation fund business continues to meet the job creation goals provided for in
its agreement under subdivision 3 and the total award does not exceed $500,000
except as provided under paragraph (b), clauses (3) and (4). Under paragraph (b) clause (4), a job
creation award of $2,000 per retained job may be provided one time if the
qualified Minnesota job creation fund business meets the minimum capital investment
and retained employee requirement as provided in paragraph (b), clause (4), for
at least two years.
(d) No rebates or award may be provided until the Minnesota job creation fund business or a third party constructing or managing the project has at least $500,000 in capital investment in the project and at least ten full‑time jobs have been created and maintained for at least one year or the retained employees, as provided in paragraph (b), clause (4), remain for at least one year. The agreement may require additional performance outcomes that need to be achieved before rebates and awards are provided. If fewer retained jobs are maintained, but still above the minimum under this subdivision, the capital investment award shall be reduced on a proportionate basis.
(e) The forms needed to be submitted to document performance by the Minnesota job creation fund business must be in the form and be made under the procedures specified by the commissioner. The forms shall include documentation and certification by the business that it is in compliance with the business subsidy agreement, sections 116J.871 and 116L.66, and other provisions as specified by the commissioner.
(f) Minnesota job creation fund businesses must pay each new full-time employee added pursuant to the agreement total compensation, including benefits not mandated by law, that on an annualized basis is equal to at least 110 percent of the federal poverty level for a family of four.
(g) A Minnesota job creation fund business must demonstrate reasonable progress on capital investment expenditures within six months following designation as a Minnesota job creation fund business to ensure that the capital investment goal in the agreement under subdivision 1 will be met. Businesses not making reasonable progress will not be eligible for benefits under the submitted application and will need to work with the local government unit to resubmit a new application and request to be a Minnesota job creation fund business. Notwithstanding the goals noted in its agreement under subdivision 1, this action shall not be considered a default of the business subsidy agreement.
Sec. 13. Minnesota Statutes 2022, section 116J.8748, subdivision 6, is amended to read:
Subd. 6. Job
creation award. (a) A qualified
Minnesota job creation fund business is eligible for an annual award for each
new job created and maintained under subdivision 4, paragraph (b), clauses
(2) and (3), by the business using the following schedule: $1,000 for each job position paying annual
wages at least $26,000 but less than $35,000; $2,000 for each job position
paying at least $35,000 but less than $45,000; and $3,000 for each job
position paying at least $45,000 but less than $55,000; and $4,000 for each
job position paying at least $55,000; and as noted in the goals under the
agreement provided under subdivision 1. These
awards are increased by $1,000 if the business is located outside the
metropolitan area as defined in section 200.02, subdivision 24, or if 51
percent of the business is cumulatively owned by minorities, veterans, women,
or persons with a disability.
(b) A qualified Minnesota
job creation fund business is eligible for a onetime $2,000 award for each job
retained and maintained under subdivision 4, paragraph (b), clause (4),
provided that each retained job pays total compensation, including benefits not
mandated by law, that on an annualized basis is equal to at least 150 percent
of the federal poverty level for a family of four.
(b) (c) The
job creation award schedule must be adjusted annually using the percentage
increase in the federal poverty level for a family of four.
(c) (d) Minnesota
job creation fund businesses seeking an award credit provided under subdivision
4 must submit forms and applications to the Department of Employment and
Economic Development as prescribed by the commissioner.
Sec. 14. Minnesota Statutes 2022, section 116J.8748, is amended by adding a subdivision to read:
Subd. 6a. Transfer. The commissioner may transfer up to
$2,000,000 of a fiscal year appropriation between the Minnesota job creation
fund program and the redevelopment grant program to meet business demand.
Sec. 15. [116J.8751]
LAUNCH MINNESOTA.
Subdivision 1. Establishment. Launch Minnesota is established within
the Business and Community Development Division of the Department of Employment
and Economic Development to encourage and support the development of new
private sector technologies and support the science and technology policies
under section 3.222. Launch Minnesota
must provide entrepreneurs and emerging technology-based companies business
development assistance and financial assistance to spur growth.
Subd. 2. Definitions. (a) For purposes of this section, the
terms defined in this subdivision have the meanings given.
(b) "Advisory
board" means the board established under subdivision 10.
(c)
"Commissioner" means the commissioner of employment and economic
development.
(d)
"Department" means the Department of Employment and Economic
Development.
(e)
"Entrepreneur" means a Minnesota resident who is involved in
establishing a business entity and secures resources directed to its growth
while bearing the risk of loss.
(f) "Greater
Minnesota" means the area of Minnesota located outside of the metropolitan
area as defined in section 473.121, subdivision 2.
(g) "Innovative
technology and business" means a new novel business model or product; a
derivative product incorporating new elements into an existing product; a new
use for a product; or a new process or method for the manufacture, use, or assessment
of any product or activity, patentability, or scalability. Innovative technology or business model does
not include locally based retail, lifestyle, or business services. The business must not be primarily engaged in
real estate development, insurance, banking, lending, lobbying, political
consulting, information technology consulting, wholesale or retail trade,
leisure, hospitality, transportation, construction, ethanol production from
corn, or professional services provided by attorneys, accountants, business
consultants, physicians, or health care consultants.
(h) "Institution of
higher education" has the meaning given in section 136A.28, subdivision 6.
(i) "Minority group
member" means a United States citizen or lawful permanent resident who is
Asian, Pacific Islander, Black, Hispanic, or Native American.
(j) "Research and development" means any activity that is:
(1) a systematic, intensive study directed toward greater knowledge or understanding of the subject studies;
(2) a systematic study directed specifically toward applying new knowledge to meet a recognized need; or
(3) a systematic
application of knowledge toward the production of useful materials, devices,
systems and methods, including design, development and improvement of
prototypes and new processes to meet specific requirements.
(k) "Start-up"
means a business entity that has been in operation for less than ten years, has
operations in Minnesota, and is in the development stage defined as devoting
substantially all of its efforts to establishing a new business and either of
the following conditions exists:
(1) planned principal operations have not commenced; or
(2) planned principal
operations have commenced, but have raised less than $1,000,000 in equity
financing.
(l)
"Technology-related assistance" means the application and utilization
of technological-information and technologies to assist in the development and
production of new technology-related products or services or to increase the
productivity or otherwise enhance the production or delivery of existing
products or services.
(m) "Trade
association" means a nonprofit membership organization organized to
promote businesses and business conditions and having an election under
Internal Revenue Code section 501(c)(3) or 501(c)(6).
(n) "Veteran"
has the meaning given in section 197.447.
Subd. 3. Duties. The commissioner, by and through
Launch Minnesota, shall:
(1) support innovation and initiatives designed to accelerate the growth of innovative technology and business start-ups in Minnesota;
(2) in partnership with other organizations, offer classes and instructional sessions on how to start an innovative technology and business start-up;
(3) promote activities for entrepreneurs and investors regarding the state's growing innovation economy;
(4) hold events and meetings that gather key stakeholders in the state's innovation sector;
(5) conduct outreach and education on innovation activities and related financial programs available from the department and other organizations, particularly for underserved communities;
(6) interact and collaborate with statewide partners including but not limited to businesses, nonprofits, trade associations, and higher education institutions;
(7) administer an advisory board to assist with direction, grant application review, program evaluation, report development, and partnerships;
(8) accept grant
applications under subdivisions 5, 6, and 7 and work with the advisory board to
review and prioritize the applications and provide recommendations to the
commissioner; and
(9) perform other duties
at the commissioner's discretion.
Subd. 4. Administration. (a) The director shall:
(1) assist the
commissioner and the advisory board in performing the duties of Launch
Minnesota; and
(2) comply with all
state and federal program requirements, and all state and federal securities
and tax laws and regulations.
(b) Launch Minnesota may
occupy and lease physical space in a private coworking facility that includes
office space for staff and space for community engagement for training
entrepreneurs. The physical space leased
under this paragraph is exempt from the requirements in section 16B.24,
subdivision 6.
(c) At least three times
per month, Launch Minnesota staff shall communicate with organizations in
greater Minnesota that have received a grant under subdivision 7. To the extent possible, Launch Minnesota
shall form partnerships with organizations located throughout the state.
(d) Launch Minnesota
must accept grant applications under this section and provide funding
recommendations to the commissioner and the commissioner shall distribute
grants based in part on the recommendations.
Subd. 5. Application
process. (a) The commissioner
shall establish the application form and procedures for grants.
(b) Upon receiving
recommendations from Launch Minnesota, the commissioner is responsible for
evaluating all applications using evaluation criteria which shall be developed
by Launch Minnesota in consultation with the advisory board.
(c) For grants under
subdivision 6, priority shall be given if the applicant is:
(1) a business or
entrepreneur located in greater Minnesota; or
(2) a business owner,
individual with a disability, or entrepreneur who is a woman, veteran, or
minority group member.
(d) For grants under
subdivision 7, priority shall be given if the applicant is planning to serve:
(1) businesses or
entrepreneurs located in greater Minnesota; or
(2) business owners,
individuals with disabilities, or entrepreneurs who are women, veterans, or
minority group members.
(e) The department
staff, and not Launch Minnesota staff, are responsible for awarding funding,
disbursing funds, and monitoring grantee performance for all grants awarded
under this section.
(f) Grantees must
provide matching funds by equal expenditures and grant payments must be
provided on a reimbursement basis after review of submitted receipts by the
department.
(g) Grant applications
must be accepted on a regular periodic basis by Launch Minnesota and must be
reviewed by Launch Minnesota and the advisory board before being submitted to
the commissioner with their recommendations.
Subd. 6. Innovation
grants. (a) The commissioner
shall distribute innovation grants under this subdivision.
(b) The commissioner
shall provide a grant of up to $35,000 to an eligible business or entrepreneur
for research and development expenses, direct business expenses, and the
purchase of technical assistance or services from public higher education
institutions and nonprofit entities. Research
and development expenditures may include but are not limited to proof of
concept activities, intellectual property protection, prototype designs and
production, and commercial feasibility. Expenditures
funded under this subdivision are not eligible for the research and development
tax credit under section 290.068. Direct
business expenses may include rent, equipment purchases, and supplier invoices. Taxes imposed by federal, state, or local
government entities may not be reimbursed under this paragraph. Technical assistance or services must be
purchased to assist in the development or commercialization of a product or
service to be eligible. Each business or
entrepreneur may receive only one grant under this paragraph.
(c) The commissioner
shall provide a grant of up to $35,000 in Phase 1 or $50,000 in Phase 2 to an
eligible business or entrepreneur that, as a registered client of the Small
Business Innovation Research (SBIR) program, has been awarded a first time Phase
1 or Phase 2 award pursuant to the SBIR or Small Business Technology Transfer
(STTR) programs after July 1, 2022. Each
business or entrepreneur may receive only one grant per biennium under this
paragraph. Grants under this paragraph
are not subject to the requirements of subdivision 2, paragraph (k).
Subd. 7. Entrepreneur education grants. (a) The commissioner shall make entrepreneur education grants to institutions of higher education and other organizations to provide educational programming to entrepreneurs and provide outreach to and collaboration with businesses, federal and state agencies, institutions of higher education, trade associations, and other organizations working to advance innovative technology businesses throughout Minnesota.
(b) Applications for
entrepreneur education grants under this subdivision must be submitted to the
commissioner and evaluated by department staff other than Launch Minnesota. The evaluation criteria must be developed by
Launch Minnesota, in consultation with the advisory board, and the
commissioner, and priority must be given to an applicant who demonstrates
activity assisting business owners or entrepreneurs residing in greater
Minnesota or who are women, veterans, or minority group members.
(c) Department staff
other than Launch Minnesota staff are responsible for awarding funding,
disbursing funds, and monitoring grantee performance under this subdivision.
(d) Grantees may use the grant funds to deliver the following services:
(1) development and
delivery to innovative technology businesses of industry specific or innovative
product or process specific counseling on issues of business formation, market
structure, market research and strategies, securing first mover advantage or
overcoming barriers to entry, protecting intellectual property, and securing
debt or equity capital. This counseling
is to be delivered in a classroom setting or using distance media
presentations;
(2) outreach and
education to businesses and organizations on the small business investment tax
credit program under section 116J.8737, the MNvest crowd-funding program under
section 80A.461, and other state programs that support innovative technology business
creation especially in underserved communities;
(3) collaboration with
institutions of higher education, local organizations, federal and state
agencies, the Small Business Development Center, and the Small Business
Assistance Office to create and offer educational programming and ongoing
counseling in greater Minnesota that is consistent with those services offered
in the metropolitan area; and
(4) events and meetings
with other innovation-related organizations to inform entrepreneurs and
potential investors about Minnesota's growing innovation economy.
Subd. 8. Report. Launch Minnesota shall annually report
by December 31 to the chairs and ranking minority members of the committees of
the house of representatives and senate having jurisdiction over economic
development policy and finance. Each
report shall include information on the work completed, including awards made
by the department under this section and progress toward transferring the
activities of Launch Minnesota to an entity outside of state government.
Subd. 9. Advisory board. (a) The commissioner shall establish an advisory board to advise the director regarding the activities of Launch Minnesota, make the recommendations described in this section, and develop and initiate a strategic plan for transferring some activities of Launch Minnesota to a new or existing public-private partnership or nonprofit organization outside of state government.
(b) The advisory board
shall consist of ten members and is governed by section 15.059. A minimum of seven members must be from the
private sector representing business and at least two members but no more than
three members must be from government and higher education. At least three of the members of the advisory
board shall be from greater Minnesota and at least three members shall be
minority group members. Appointees shall
represent a range of interests, including entrepreneurs, large businesses,
industry organizations, investors, and both public and private small business
service providers.
(c) The advisory board shall select a chair from its private sector members. The director shall provide administrative support to the committee.
(d) The commissioner, or
a designee, shall serve as an ex-officio, nonvoting member of the advisory
board.
Sec. 16. [116J.9926]
EMERGING DEVELOPER FUND PROGRAM.
Subdivision 1. Definitions. (a) For the purposes of this section,
the following terms have the meanings given.
(b)
"Commissioner" means the commissioner of employment and economic
development.
(c) "Disadvantaged
community" means a community where the median household income is less
than 80 percent of the area median income.
(d) "Eligible
project" means a project that is based in Minnesota and meets one or more
of the following criteria:
(1) it will stimulate
community stabilization or revitalization;
(2) it will be located
within a census tract identified as a disadvantaged community or low-income
community;
(3) it will directly
benefit residents of a low-income household;
(4) it will increase the
supply and improve the condition of affordable housing and homeownership;
(5) it will support the
growth needs of new and existing community-based enterprises that promote
economic stability or improve the supply or quality of job opportunities; or
(6) it will promote
wealth creation, including by being a project in a neighborhood traditionally
not served by real estate developers.
(e) "Emerging
developer" means a developer who:
(1) has limited access
to loans from traditional financial institutions; or
(2) is a new or smaller
developer who has engaged in educational training in real estate development;
and
(3) is either a:
(i) minority as defined
in section 116M.14, subdivision 6;
(ii) woman;
(iii) person with a
disability, as defined in section 116M.14, subdivision 9; or
(iv) low-income person.
(f) "Low-income
person" means a person who:
(1) has a household
income at or below 200 percent of the federal poverty level; or
(2) has a family income that
does not exceed 60 percent of the area median income as determined by the
United States Department of Housing and Urban Development.
(g) "Partner
organization" means a community development financial institution or a
similarly qualified nonprofit corporation, as determined by the commissioner.
(h) "Program"
means the emerging developer fund program created under this section.
Subd. 2. Establishment. The commissioner shall establish an
emerging developer fund program to make grants to partner organizations to make
grants and loans to emerging developers for eligible projects to transform
neighborhoods statewide and promote economic development and the creation and
retention of jobs in Minnesota. The
program must also reduce racial and socioeconomic disparities by growing the
financial capacity of emerging developers.
Subd. 3. Grants
to partner organizations. (a)
The commissioner shall design a competitive process to award grants to partner
organizations to make grants and loans to emerging developers under subdivision
4.
(b) A partner
organization may use up to ten percent of grant funds for the administrative
costs of the program.
Subd. 4. Grants
and loans to emerging developers. (a)
Through the program, partner organizations shall offer emerging developers
predevelopment grants and predevelopment, construction, and bridge loans for
eligible projects according to a plan submitted to and approved by the
commissioner.
(b) Predevelopment grants
must be for no more than $100,000. All
loans must be for no more than $1,000,000.
(c) Loans must be for a
term set by the partner organization and approved by the commissioner of no
less than six months and no more than eight years, depending on the use of loan
proceeds.
(d) Loans must be for
zero interest or an interest rate of no more than the Wall Street Journal prime
rate, as determined by the partner organization and approved by the
commissioner based on the individual project risk and type of loan sought.
(e) Loans must have
flexible collateral requirements compared to traditional loans, but may require
a personal guaranty from the emerging
developer and may be largely unsecured when the appraised value of the real
estate is low.
(f) Loans must have no
prepayment penalties and are expected to be repaid from permanent financing or
a conventional loan, once that is secured.
(g) Loans must have the
ability to bridge many types of receivables, such as tax credits, grants,
developer fees, and other forms of long-term financing.
(h) At the partner
organization's request and the commissioner's discretion, an emerging developer
may be required to work with an experienced developer or professional services
consultant who can offer expertise and advice throughout the development of the
project.
(i) All loan repayments
must be paid into the emerging developer fund account created in this section
to fund additional loans.
Subd. 5. Eligible
expenses. (a) The following
are eligible expenses for a predevelopment grant or loan under the program:
(1) earnest money or
purchase deposit;
(2) building inspection fees
and environmental reviews;
(3) appraisal and
surveying;
(4) design and tax
credit application fees;
(5) title and recording
fees;
(6) site preparation,
demolition, and stabilization;
(7) interim maintenance
and project overhead;
(8) property taxes and
insurance;
(9) construction bonds
or letters of credit;
(10) market and
feasibility studies; and
(11) professional fees.
(b) The following are
eligible expenses for a construction or bridge loan under the program:
(1) land or building
acquisition;
(2) construction-related
expenses;
(3) developer and
contractor fees;
(4) site preparation,
environmental cleanup, and demolition;
(5) financing fees,
including title and recording;
(6) professional fees;
(7) carrying costs;
(8) construction period
interest;
(9) project reserves;
and
(10) leasehold
improvements and equipment purchase.
Subd. 6. Emerging
developer fund account. An
emerging developer fund account is created in the special revenue fund in the
state treasury. Money in the account is
appropriated to the commissioner for grants to partner organizations to make
loans under this section.
Subd. 7. Reports
to the legislature. (a) By
January 15 of each year, beginning in 2025, each partner organization shall
submit a report to the commissioner on the use of program funds and program
outcomes.
(b) By March 15 of each year,
beginning in 2025, the commissioner shall submit a report to the chairs of the
house of representatives and senate committees with jurisdiction over economic
development on the use of program funds and program outcomes.
Sec. 17. Minnesota Statutes 2022, section 116L.361, subdivision 7, is amended to read:
Subd. 7. Very
Low income. "Very Low
income" means incomes that are at or less than 50 80 percent
of the area median income, adjusted for family size, as estimated by the
Department of Housing and Urban Development.
Sec. 18. Minnesota Statutes 2022, section 116L.362, subdivision 1, is amended to read:
Subdivision 1. Generally. (a) The commissioner shall make grants to eligible organizations for programs to provide education and training services to targeted youth. The purpose of these programs is to provide specialized training and work experience for targeted youth who have not been served effectively by the current educational system. The programs are to include a work experience component with work projects that result in the rehabilitation, improvement, or construction of (1) residential units for the homeless; (2) improvements to the energy efficiency and environmental health of residential units and other green jobs purposes; (3) facilities to support community garden projects; or (4) education, social service, or health facilities which are owned by a public agency or a private nonprofit organization.
(b) Eligible facilities
must principally provide services to homeless or very low income
individuals and families, and include the following:
(1) Head Start or day care centers, including playhouses or similar incidental structures;
(2) homeless, battered women, or other shelters;
(3) transitional housing and tiny houses;
(4) youth or senior citizen centers;
(5) community health centers; and
(6) community garden facilities.
Two or more eligible organizations may jointly apply for a grant. The commissioner shall administer the grant program.
Sec. 19. Minnesota Statutes 2022, section 116L.364, subdivision 3, is amended to read:
Subd. 3. Work
experience component. A work
experience component must be included in each program. The work experience component must provide
vocational skills training in an industry where there is a viable expectation
of job opportunities. A training
subsidy, living allowance, or stipend, not to exceed an amount equal to 100
percent of the poverty line for a family of two as defined in United States
Code, title 42, section 673, paragraph (2) the final rules and
regulations of the Workforce Innovation and Opportunity Act, may be
provided to program participants. The
wage or stipend must be provided to participants who are recipients of public
assistance in a manner or amount which will not reduce public assistance
benefits. The work experience component
must be designed so that work projects result in (1) the expansion or
improvement of residential units for homeless persons and very low
income families; (2) improvements to the energy efficiency and environmental
health of residential units; (3) facilities to support community garden
projects; or (4) rehabilitation, improvement, or construction of eligible
education, social service, or health facilities that principally serve homeless
or very low income individuals
and families. Any work project must include direct supervision by individuals skilled in each specific vocation. Program participants may earn credits toward the completion of their secondary education from their participation in the work experience component.
Sec. 20. Minnesota Statutes 2022, section 116L.365, subdivision 1, is amended to read:
Subdivision 1. Priority for housing. Any residential or transitional housing units that become available through a work project that is part of the program described in section 116L.364 must be allocated in the following order:
(1) homeless targeted youth who have participated in constructing, rehabilitating, or improving the unit;
(2) homeless families with at least one dependent;
(3) other homeless individuals;
(4) other very low
income families and individuals; and
(5) families or individuals that receive public assistance and that do not qualify in any other priority group.
Sec. 21. [116L.43]
TARGETED POPULATIONS WORKFORCE GRANTS.
Subdivision 1. Definitions. (a) For the purposes of this section, the following terms have the meanings given.
(b)
"Community-based organization" means a nonprofit organization that:
(1) provides workforce
development programming or services;
(2) has an annual
organizational budget of no more than $1,000,000;
(3) has its primary office located in a historically underserved
community of color or low-income community; and
(4) serves a population
that generally reflects the demographics of that local community.
(c) "Entry level
jobs" means part-time or full-time jobs that an individual can perform
without any prior education or experience.
(d) "High wage" means the income needed for a family to cover minimum necessary expenses in a given geographic area, including food, child care, health care, housing, and transportation.
(e) "Industry
specific certification" means a credential an individual can earn to show
proficiency in a particular area or skill.
(f) "Remedial
training" means additional training provided to staff following the
identification of a need and intended to increase proficiency in performing job
tasks.
(g) "Small
business" has the same meaning as section 645.445.
Subd. 2. Job
and entrepreneurial skills training grants.
(a) The commissioner shall establish a job and entrepreneurial
skills training grant program that must provide competitive funding to
community-based organizations to provide skills training that leads to
employment or business development in high-growth industries.
(b) Eligible forms of skills
training include:
(1) student tutoring and
testing support services;
(2) training and
employment placement in high-wage and high-growth employment;
(3) assistance in
obtaining industry specific certifications;
(4) remedial training
leading to enrollment in further training or education;
(5) real-time work
experience or on-the-job training;
(6) career and
educational counseling;
(7) work experience and
internships;
(8) supportive services;
(9) tuition
reimbursement for new entrants into public sector careers;
(10) career mentorship;
(11) postprogram case
management services;
(12) job placement
services; and
(13) the cost of
corporate board of director training for people of color.
(c) Grant awards must
not exceed $750,000 per year per organization and all funding awards must be
made for the duration of a biennium. An
organization may partner with another organization to utilize grant awards,
provided that the organizations must not be funded to deliver the same services. Grants related to entrepreneurial skills
training awarded under this subdivision are not subject to section 116L.98.
Subd. 3. Diversity
and inclusion training for small employers.
(a) The commissioner shall establish a diversity and inclusion
training grant program which shall provide competitive grants to small
businesses for diversity and inclusion training, including the creation and
implementation of a plan to actively engage, hire, and retain people of color
for both entry level and high-wage opportunities, including management and
board of director positions.
(b) Grant awards must
not exceed $30,000 per business. A
business may only receive one grant for diversity and inclusion training per
biennium.
(c) Applicants are
required to submit a plan for use of the funds.
Grant recipients are required to submit a diversity and inclusion
implementation plan after training is completed.
(d) Grants awarded under
this subdivision are not subject to section 116L.98.
(e) Sections 116J.993 to
116J.995 do not apply to assistance under this subdivision.
Subd. 4. Capacity
building. (a) The
commissioner shall establish a capacity building grant program to provide
training services and funding for capacity building to community-based
organizations.
(b) Eligible uses of grant
awards include covering the cost of workforce program delivery staff, program
infrastructure costs, and workforce training related service model development.
(c) Grant awards must not
exceed $50,000 per organization and are limited to one grant per
community-based organization.
(d) Grants awarded under this subdivision are not subject to section 116L.98.
(e) Grant recipients must
submit a report to the commissioner outlining the use of grant funds and the
impact of that funding on the community-based organization's future ability to
provide workforce development services.
Sec. 22. Minnesota Statutes 2022, section 116L.56, subdivision 2, is amended to read:
Subd. 2. Eligible
applicant. "Eligible
applicant" means an individual who is between the ages of 14 and 21
24 and economically disadvantaged.
An at-risk youth who is classified as a family of one is deemed economically disadvantaged. For purposes of eligibility determination the following individuals are considered at risk:
(1) a pregnant or parenting youth;
(2) a youth with limited English proficiency;
(3) a potential or actual school dropout;
(4) a youth in an offender or diversion program;
(5) a public assistance recipient or a recipient of group home services;
(6) a youth with disabilities including learning disabilities;
(7) a child of drug or alcohol abusers or a youth with substance use disorder;
(8) a homeless or runaway youth;
(9) a youth with basic skills deficiency;
(10) a youth with an educational attainment of one or more levels below grade level appropriate to age; or
(11) a foster child.
Sec. 23. Minnesota Statutes 2022, section 116L.561, subdivision 5, is amended to read:
Subd. 5. Allocation
formula. Seventy percent of
Minnesota youth program funds must be allocated based on the county's share of
economically disadvantaged youth. The
remaining 30 percent must be allocated based on the county's share of
population ages 14 to 21 24.
Sec. 24. Minnesota Statutes 2022, section 116L.562, subdivision 2, is amended to read:
Subd. 2. Definitions. For purposes of this section:
(1) "eligible organization" or "eligible applicant" means a local government unit, nonprofit organization, community action agency, or a public school district;
(2) "at-risk youth" means youth classified as at-risk under section 116L.56, subdivision 2; and
(3) "economically
disadvantaged" means youth who are economically disadvantaged as defined
in United States Code, title 29, section 1503 the rules and
regulations of the Workforce Innovation and Opportunity Act.
Sec. 25. Minnesota Statutes 2022, section 469.40, subdivision 11, is amended to read:
Subd. 11. Public infrastructure project. (a) "Public infrastructure project" means a project financed in part or in whole with public money in order to support the medical business entity's development plans, as identified in the DMCC development plan. A public infrastructure project may:
(1) acquire real property and other assets associated with the real property;
(2) demolish, repair, or rehabilitate buildings;
(3) remediate land and buildings as required to prepare the property for acquisition or development;
(4) install, construct, or
reconstruct elements of public infrastructure required to support the overall
development of the destination medical center development district including,
but not limited to,: streets,
roadways, utilities systems and related facilities,; utility
relocations and replacements,; network and communication systems,;
streetscape improvements,; drainage systems,; sewer
and water systems,; subgrade structures and associated
improvements,; landscaping,; facade construction
and restoration,; design and predesign, including architectural, engineering,
and similar services; legal, regulatory, and other compliance services;
construction costs, including all materials and supplies; wayfinding and
signage,; community engagement; transit costs incurred on or after
March 16, 2020; and other components of community infrastructure;
(5) acquire, construct or reconstruct, and equip parking facilities and other facilities to encourage intermodal transportation and public transit;
(6) install, construct or reconstruct, furnish, and equip parks, cultural, and recreational facilities, facilities to promote tourism and hospitality, conferencing and conventions, and broadcast and related multimedia infrastructure;
(7) make related site improvements including, without limitation, excavation, earth retention, soil stabilization and correction, and site improvements to support the destination medical center development district;
(8) prepare land for private development and to sell or lease land;
(9) provide costs of relocation benefits to occupants of acquired properties; and
(10) construct and equip all or a portion of one or more suitable structures on land owned by the city for sale or lease to private development; provided, however, that the portion of any structure directly financed by the city as a public infrastructure project must not be sold or leased to a medical business entity.
(b) A public infrastructure project is not a business subsidy under section 116J.993.
(c) Public infrastructure project includes the planning, preparation, and modification of the development plan under section 469.43. The cost of that planning, preparation, and any modification is a capital cost of the public infrastructure project.
EFFECTIVE DATE. This
section is effective the day following final enactment.
Sec. 26. Minnesota Statutes 2022, section 469.47, subdivision 1, is amended to read:
Subdivision 1. Definitions. (a) For purposes of this section, the following terms have the meanings given them.
(b) "Commissioner" means the commissioner of employment and economic development.
(c) "Construction projects" means:
(1) for expenditures by a medical business entity, construction of buildings in the city for which the building permit was issued after June 30, 2013; and
(2) for any other expenditures, construction of privately owned buildings and other improvements that are undertaken pursuant to or as part of the development plan and are located within a medical center development district.
(d)
"Expenditures" means expenditures made by a medical business entity
or by an individual or private entity on construction projects for the capital
cost of the project including, but not limited to:
(1) design and predesign, including architectural, engineering, and similar services;
(2) legal, regulatory, and other compliance costs of the project;
(3) land acquisition, demolition of existing improvements, and other site preparation costs;
(4) construction costs, including all materials and supplies of the project; and
(5) equipment and furnishings that are attached to or become part of the real property.
Expenditures excludes supplies and other items with a useful life of less than a year that are not used or consumed in constructing improvements to real property or are otherwise chargeable to capital costs.
(e) "Qualified expenditures for the year" means the total certified expenditures since June 30, 2013, through the end of the preceding year, minus $200,000,000.
(f) "Transit
costs" means the portions of a public infrastructure project that are for
public transit intended primarily to serve the district, such as including
but not limited to buses and other means of transit, transit stations,
equipment, bus charging stations or bus charging equipment,
rights-of-way, and similar costs permitted under section 469.40,
subdivision 11. This provision includes
transit costs incurred on or after March 16, 2020.
EFFECTIVE DATE. This
section is effective the day following final enactment.
Sec. 27. Minnesota Statutes 2022, section 469.47, subdivision 5, is amended to read:
Subd. 5. State transit aid. (a) The city qualifies for state transit aid under this section if the county contributes the required local matching contribution under subdivision 6 or the city or county has agreed to make an equivalent contribution out of other funds for the year.
(b) If the city qualifies
for aid under paragraph (a), the commissioner must pay the city the state
transit aid in the amount calculated under this paragraph. The amount of the state transit aid for a
year equals the qualified expenditures for the year, as certified by the
commissioner, multiplied by 0.75 percent, reduced by subject to
the amount of the required local contribution under subdivision 6. City or county contributions that are in
excess of this
ratio carry forward and are
credited toward subsequent years.
The maximum amount of state transit aid payable in any year is limited
to no more than $7,500,000. If the
commissioner determines that the city or county has not made the full required
matching local contribution for the year, the commissioner must pay state transit
aid only in proportion to the amount of for the matching
contribution made for the year and any unpaid amount is a carryover aid. The carryover aid must be paid in the first
year after the required matching contribution for that prior year is
made and in which the aid entitlement for the current year is less than the
maximum annual limit, but only to the extent the carryover, when added to the
current year aid, is less than the maximum annual limit.
(c) The commissioner, in consultation with the commissioner of management and budget, and representatives of the city and the corporation, must establish a total limit on the amount of state aid payable under this subdivision that will be adequate to finance, in combination with the local contribution, $116,000,000 of transit costs.
(d) The city must use state transit aid it receives under this subdivision for transit costs. The city must maintain appropriate records to document the use of the funds under this requirement.
EFFECTIVE DATE. This
section is effective the day following final enactment.
Sec. 28. Minnesota Statutes 2022, section 469.47, subdivision 6, is amended to read:
Subd. 6. Transit aid; local matching contribution. (a) The required local matching contribution for state transit aid equals the lesser of:
(1) 40 percent of the state transit aid subject to the $7,500,000 limit under subdivision 5; or
(2) the amount that would be raised by a 0.15 percent sales tax imposed by the county in the preceding year.
The county may impose the sales tax or the wheelage tax under section 469.46 to meet this obligation.
(b) If the county elects not to impose any of the taxes authorized under section 469.46, the county, or city, or both, may agree to make the local contribution out of other available funds, other than state aid payable under this section. The commissioner of revenue must estimate the required amount and certify it to the commissioner, city, and county.
EFFECTIVE DATE. This
section is effective the day following final enactment.
Sec. 29. Laws 2021, First Special Session chapter 4, article 8, section 30, is amended to read:
Sec. 30. CLEAN
ENERGY CAREERS PILOT PROJECT.
(a) The commissioner of employment and economic development must issue a grant for a pilot project to provide training pathways into careers in the clean energy sector for students and young adults in underserved communities.
(b) The pilot project must develop skills in program participants, short of the level required for licensing under Minnesota Statutes, chapter 326, that are relevant to designing, constructing, operating, or maintaining:
(1) systems that produce renewable solar or wind energy;
(2) improvements in energy efficiency, as defined under Minnesota Statutes, section 216B.241, subdivision 1;
(3) energy storage systems, including battery technology, connected to renewable energy facilities;
(4) infrastructure for charging all-electric or electric hybrid motor vehicles; or
(5) grid technologies that manage load and provide services to the distribution grid that reduce energy consumption or shift demand to off-peak periods.
(c) Training must be designed to create pathways to (1) a postsecondary degree, industry certification, or a registered apprenticeship program under Minnesota Statutes, chapter 178, that is related to the fields in paragraph (b), and (2) stable career employment at a living wage.
(d) Money from a grant under this section may be used for all expenses related to the training program, including curriculum, instructors, equipment, materials, and leasing and improving space for use by the pilot program.
(e) No later than January
15, 2022, and by January 15 of 2023 and, 2024, and 2025,
Northgate Development, LLC, shall submit an annual report to the commissioner
of employment and economic development that must include, at a minimum,
information on:
(1) program expenditures, including but not limited to amounts spent on curriculum, instructors, equipment, materials, and leasing and improving space for use by the program;
(2) other public or private funding sources, including in-kind donations, supporting the pilot program;
(3) the number of program participants;
(4) demographic information on program participants including but not
limited to race, age, gender, and income; and
(5) the number of program participants placed in a postsecondary program, industry certification program, or registered apprenticeship program under Minnesota Statutes, chapter 178.
Sec. 30. Laws 2021, First Special Session chapter 10, article 2, section 24, is amended to read:
Sec. 24. FORGIVABLE
LOAN PROGRAM FOR REMOTE RECREATIONAL BUSINESSES.
Subdivision 1. Establishment. Lake of the Woods County shall establish
a loan program to make forgivable loans to eligible remote recreational
businesses that experienced a loss in revenue that is greater than 30 percent
during the period between March 15, 2020 2021, and March 15, 2021
2022, as compared with the previous year March 15, 2019, and
March 15, 2020.
Subd. 2. Definition. For the purposes of this section, "remote recreational business" means a business in the contiguous United States that is:
(1) a small business concern as defined under section 3 of the Small Business Act, United States Code, title 15, section 632, operating in the recreational industry;
(2) located within 75 miles of the United States and Canadian border; and
(3) only accessible by land via Canada.
Subd. 3. Eligibility. To be eligible for a forgivable loan, a remote recreational business must:
(1) have been in operation
on March 15, 2020 2021;
(2) show that the closure and ongoing COVID-19-related requirements of the United States and Canadian border restricted the ability of American customers to access the location of the remote recreational business; and
(3) not have received a grant under the Main Street COVID-19 relief grant program.
Subd. 4. Application. (a) Lake of the Woods County shall develop forms and procedures for soliciting and reviewing applications for loans under this section.
(b) Loans shall be made
before April 1, 2022 December 30, 2023. Any funds not spent by April 1 December
30, 2022 2024, must be returned to the state general fund.
(c) If there are
insufficient funds to pay all claims in full, the county shall distribute funds
on a prorated basis.
Subd. 5. Maximum
loan amount. The maximum loan amount
shall be equal to 75 percent of the remote recreational business's gross annual
receipts for fiscal year 2020 2021, not to exceed $500,000 per
eligible remote recreational business.
Subd. 6. Forgiveness. Loans are forgiven for a remote recreational business if the business remains in operation for at least one year after the date of the loan. Lake of the Woods County shall forgive 100 percent of the value of a loan received less the amount the borrower received from:
(1) any other loan forgiveness program, including any program established under the CARES Act, Public Law 116-136; and
(2) an advance received under section 1110 of the CARES Act, United States Code, title 15, section 9009.
Subd. 7. Report
to legislature. By January 15,
2023 April 30, 2024, Lake of the Woods County shall report to the
legislative committees with jurisdiction over economic development policy and
finance on the loans provided to remote recreational businesses under this
section.
EFFECTIVE DATE. This
section is effective the day following final enactment.
Sec. 31. MINNESOTA
EMPLOYER REASONABLE ACCOMMODATION FUND.
Subdivision 1. Definitions. (a) For the purposes of this section,
the terms defined in this subdivision have the meanings given.
(b)
"Applicant" means any person, whether employed or unemployed, seeking
or entering into any arrangement for employment or change of employment with an
eligible employer.
(c)
"Commissioner" means the commissioner of employment and economic
development.
(d) "Eligible
employer" means an employer domiciled within the legal boundaries of
Minnesota and having its principal place of business as identified in its
certificate of incorporation in the state of Minnesota who:
(1) employs not more
than 500 employees on any business day during the preceding calendar year; and
(2) generates $5,000,000
or less in gross annual revenue.
(e) "Employee"
has the meaning given in Minnesota Statutes, section 363A.03, subdivision 15.
(f) "Individual with a
disability" has the meaning given to "qualified disabled person"
in Minnesota Statutes, section 363A.03, subdivision 36.
(g) "Reasonable
accommodation" has the meaning given in Minnesota Statutes, section
363A.08, subdivision 6.
Subd. 2. Reimbursement
grant program established. The
commissioner shall establish a reasonable accommodation reimbursement grant
program that reimburses eligible employers for the cost of expenses incurred in
providing reasonable accommodations for individuals with a disability who are
either applicants or employees of the eligible employer.
Subd. 3. Application. (a) The commissioner must develop forms and procedures for soliciting and reviewing applications for reimbursement under this section.
(b) The program shall
award reimbursements to eligible employers to the extent that funds are
available in the account established under subdivision 5 for this purpose.
(c) Applications shall be
processed on a first-received, first-processed basis within each fiscal year
until funding is exhausted. Applications
received after funding has been exhausted in a fiscal year are not eligible for
reimbursement.
(d) Documentation for
reimbursement shall be provided by eligible employers in a form approved by the
commissioner.
Subd. 4. Reimbursement
awards. The maximum total
reimbursement per eligible employer in a fiscal year is $30,000 and:
(1) submissions for
onetime reasonable accommodation expenses must be no less than $250 and no more
than $15,000 per individual with a disability; and
(2) submissions for
ongoing reasonable accommodation expenses have no minimum or maximum
requirements.
Subd. 5. Employer
reasonable accommodation fund account established. The employer reasonable accommodation
fund account is created as an account in the special revenue fund. Money in the account is appropriated to the
commissioner for the purposes of reimbursing eligible employers under this
section.
Subd. 6. Technical
assistance and consultation. The
commissioner may provide technical assistance regarding requests for reasonable
accommodations.
Subd. 7. Administration
and marketing costs. The
commissioner may use up to 20 percent of the biennial appropriation for
administration and marketing of this section.
Subd. 8. Notification. By September 1, 2023, or within 60 days following final enactment, whichever is later, and each year thereafter by June 30, the commissioner shall make publicly available information regarding the availability of funds for reasonable accommodation reimbursement and the procedure for requesting reimbursement under this section.
Subd. 9. Reports
to the legislature. By
January 15, 2024, and each January 15 thereafter until expiration, the
commissioner must submit a report to the chairs and ranking minority members of
the house of representatives and the senate committees with jurisdiction over
workforce development that details the use of grant funds. This report must include data on the number
of employer reimbursements the program made in the preceding calendar year. The report must include:
(1) the number and type
of accommodations requested;
(2) the cost of accommodations
requested;
(3) the employers from
which the requests were made;
(4) the number and type
of accommodations that were denied and why;
(5) any remaining
balance left in the account; and
(6) if the account was
depleted, the date on which funds were exhausted and the number, type, and cost
of accommodations that were not reimbursed to employers.
Subd. 10. Expiration. This section expires June 30, 2025, or
when money appropriated for its purpose expires, whichever is later.
Sec. 32. CANADIAN
BORDER COUNTIES ECONOMIC RELIEF PROGRAM.
Subdivision 1. Relief
program established. The
Northland Foundation must develop and implement a Canadian border counties
economic relief program to assist businesses adversely affected by the 2021
closure of the Boundary Waters Canoe Area Wilderness or the closures of the
Canadian border since 2020.
Subd. 2. Available
relief. (a) The economic
relief program established under this section may include grants provided in
this section to the extent that funds are available. Before awarding a grant to the Northland
Foundation for the relief program under this section:
(1) the Northland
Foundation must develop criteria, procedures, and requirements for:
(i) determining
eligibility for assistance;
(ii) evaluating
applications for assistance;
(iii) awarding
assistance; and
(iv) administering the
grant program authorized under this section;
(2) the Northland Foundation
must submit its criteria, procedures, and requirements developed under clause
(1) to the commissioner of employment and economic development for review; and
(3) the commissioner
must approve the criteria, procedures, and requirements submitted under clause
(2).
(b) The maximum grant to
a business under this section is $50,000 per business.
Subd. 3. Qualification
requirements. To qualify for
assistance under this section, a business must:
(1) be located within a
county that shares a border with Canada;
(2) document a reduction
of at least ten percent in gross receipts in 2021 compared to 2019; and
(3) provide a written
explanation for how the 2021 closure of the Boundary Waters Canoe Area
Wilderness or the closures of the Canadian
border since 2020 resulted in the reduction in gross receipts documented under
clause (2).
Subd. 4. Monitoring. (a) The Northland Foundation must
establish performance measures, including but not limited to the following
components:
(1) the number of grants
awarded and award amounts for each grant;
(2) the number of jobs
created or retained as a result of the assistance, including information on the
wages and benefit levels, the status of the jobs as full time or part time, and
the status of the jobs as temporary or permanent;
(3) the amount of
business activity and changes in gross revenues of the grant recipient as a
result of the assistance; and
(4) the new tax revenue
generated as a result of the assistance.
(b) The commissioner of
employment and economic development must monitor the Northland Foundation's
compliance with this section and the performance measures developed under
paragraph (a).
(c) The Northland
Foundation must comply with all requests made by the commissioner under this
section.
Subd. 5. Business
subsidy requirements. Minnesota
Statutes, sections 116J.993 to 116J.995, do not apply to assistance under this
section. Businesses in receipt of
assistance under this section must provide for job creation and retention
goals, and wage and benefit goals.
Subd. 6. Administrative
costs. The commissioner of
employment and economic development may use up to one percent of the
appropriation made for this section for administrative expenses of the
department.
EFFECTIVE DATE. This
section is effective July 1, 2023, and expires June 30, 2024.
Sec. 33. COMMUNITY
WEALTH-BUILDING GRANT PROGRAM PILOT PROJECT.
Subdivision 1. Definitions. (a) For the purposes of this section,
the following terms have the meanings given.
(b)
"Commissioner" means the commissioner of employment and economic
development.
(c) "Community
business" means a cooperative, an employee-owned business, or a commercial
land trust that is at least 51 percent owned by individuals from targeted
groups.
(d) "Partner
organization" means a community development financial institution or
nonprofit corporation.
(e) "Program"
means the community wealth-building grant program created under this section.
(f) "Targeted
groups" means persons who are Black, Indigenous, People of Color,
immigrants, low-income, women, veterans, or persons with disabilities.
Subd. 2. Establishment. The commissioner shall establish a
community wealth-building grant program to award grants to partner
organizations to fund low-interest loans to community businesses. The program must encourage tax-base
revitalization, private investment, job creation for targeted groups, creation
and strengthening of business enterprises,
assistance to displaced businesses, and promotion of economic development in
low-income areas.
Subd. 3. Administration. (a) The commissioner shall ensure that
loans through the program will fund community businesses statewide and shall
make reasonable attempts to balance the amount of funding available to
community businesses inside and outside of the metropolitan area as defined
under section 473.121, subdivision 2.
(b) Partner organizations that
receive grants under this subdivision shall use up to ten percent of their
award to provide specialized technical and legal assistance, either directly or
through a partnership with organizations with expertise in shared ownership
structures, to community businesses and businesses in the process of
transitioning to community ownership.
Subd. 4. Loans
to community businesses. (a)
A partner organization that receives a grant under subdivision 3 shall
establish a plan for making low-interest loans to community businesses. The plan requires approval by the
commissioner.
(b) Under the plan:
(1) the state
contribution to each loan shall be no less than $50,000 and no more than
$500,000;
(2) loans shall be made
for projects that are unlikely to be undertaken unless a loan is received under
the program;
(3) priority shall be
given to loans to businesses in the lowest income areas;
(4) the interest rate on
a loan shall not be higher than the Wall Street Journal prime rate;
(5) 50 percent of all
repayments of principal on a loan under the program shall be used to fund
additional lending. The partner organization
may retain the remainder of loan repayments to service loans and provide
further technical assistance;
(6) the partner
organization may charge a loan origination fee of no more than one percent of
the loan value and may retain that origination fee; and
(7) a partner
organization may not make a loan to a project in which it has an ownership
interest.
Subd. 5. Reports. (a) The partner organization shall
submit a report to the commissioner by January 31 of 2024, 2025, and 2026. The report shall include:
(1) an account of all
loans made through the program the preceding calendar year and the impact of
those loans on community businesses and job creation for targeted groups;
(2) information on the
source and amount of money collected and distributed under the program, its
assets and liabilities, and an explanation of administrative expenses; and
(3) an independent audit
of grant funds performed in accordance with generally accepted accounting
practices and auditing standards.
(b) By February 15 of
2024, 2025, and 2026, the commissioner shall submit a report to the chairs and
ranking minority members of the legislative committees with jurisdiction over
workforce and economic development on program outcomes, including copies of all
reports received under paragraph (a).
Sec. 34. REPEALER.
Laws 2019, First Special
Session chapter 7, article 2, section 8, as amended by Laws 2021, First Special
Session chapter 10, article 2, section 19, is repealed.
ARTICLE 16
EXPLORE MINNESOTA
Section 1. Minnesota Statutes 2022, section 116U.05, is amended to read:
116U.05 EXPLORE MINNESOTA TOURISM.
Explore Minnesota Tourism
is created as an office in the executive branch with a director
appointed by the governor. The director
is under the supervision of the commissioner of employment and economic
development and oversees Explore Minnesota Tourism and Explore Minnesota for
Business divisions. The director
serves in the unclassified service and must be qualified by experience and
training in travel and tourism related fields.
Sec. 2. [116U.06]
EXPLORE MINNESOTA TOURISM.
Explore Minnesota Tourism is a division of Explore Minnesota and exists to support Minnesota's economy through promotion and facilitation of travel to and within the state of Minnesota.
Sec. 3. [116U.07]
EXPLORE MINNESOTA FOR BUSINESS.
Explore Minnesota for Business is a division of Explore Minnesota. Its mission is to promote overall livability and workforce and economic opportunity in Minnesota. Explore Minnesota for Business works in conjunction with the department of employment and economic development to establish and meet statewide goals in these areas.
Sec. 4. Minnesota Statutes 2022, section 116U.10, is amended to read:
116U.10 DEFINITIONS.
Subdivision 1. Scope. As used in For the purposes of
this chapter, the terms defined in this section have the meanings given
them.
Subd. 2. Director. "Director" means the executive
director of Explore Minnesota Tourism.
Subd. 3. Office. "Office" means Explore
Minnesota Tourism.
Sec. 5. Minnesota Statutes 2022, section 116U.15, is amended to read:
116U.15 MISSION.
(a) The mission of
Explore Minnesota Tourism is to promote and facilitate increased travel
to and within the state of Minnesota, promote overall livability, and
promote workforce and economic opportunity in Minnesota. To further the mission of Explore Minnesota,
the office is advised by councils focused on tourism and talent attraction and
business marketing. Its goals are
to:
(1) expand public and private partnerships through increased interagency efforts and increased tourism and business industry participation;
(2) increase productivity through enhanced flexibility and options; and
(3) use innovative fiscal and human resource practices to manage the state's resources and operate the office as efficiently as possible.
(b) The director shall report to the legislature on the performance of the office's operations and the accomplishment of its goals in the office's biennial budget according to section 16A.10, subdivision 1.
Sec. 6. Minnesota Statutes 2022, section 116U.20, is amended to read:
116U.20 ORGANIZATION.
The director shall:
(1) employ assistants and
other officers, employees, and agents that the director considers necessary to
discharge the functions of the office; and
(2) define the duties of
the officers, employees, and agents, and delegate to them any of the director's
powers, duties, and responsibilities, subject to the director's control and
under conditions prescribed by the director.;
(3) oversee the overall
strategy and budgets of the Tourism and Business divisions; and
(4) chair or cochair and
oversee the Tourism and Business councils.
Sec. 7. [116U.24]
EXPLORE MINNESOTA COUNCILS.
(a) The director shall
be advised by the Explore Minnesota Tourism Council and Explore Minnesota for
Business Council, each consisting of voting members appointed by the governor
for four-year terms. The director of
Explore Minnesota serves as the chair or cochair of each council. The director may assign employees of the
office to participate in oversight of council operations.
(b) Each council shall
act to serve the broader interests of the council's divisions by promoting
activities and programs of the office that support, maintain, and expand the
state's domestic and international travel and trade markets, thereby generating
increased visitor expenditures, revenue, and employment.
(c) Filling of
membership vacancies is as provided in section 15.059. The terms of one-half of the members shall be
coterminous with the governor, and the terms of the remaining one-half of the
members shall end on the first Monday in January one year after the terms of
the other members. Members may serve
until their successors are appointed and qualify. Members are not compensated. A member may be reappointed.
(d) The council shall
meet at least four times per year and at other times determined by each
council.
(e) If compliance with
section 13D.02 is impractical, the Explore Minnesota councils may conduct a
meeting of their members by telephone or other electronic means so long as the
following conditions are met:
(1) all members of each
council participating in the meeting, wherever their physical location, can
hear one another and can hear all discussion and testimony;
(2) members of the
public present at the regular meeting location of the council can hear clearly
all discussion and testimony and all votes of members of each council and, if
needed, receive those services required by sections 15.44 and 15.441;
(3) at least one member
of each council is physically present at the regular meeting location; and
(4) all votes are
conducted by roll call, so each member's vote on each issue can be identified
and recorded.
(f) Each member of each council
participating in a meeting by telephone or other electronic means is considered
present at the meeting for purposes of determining a quorum and participating
in all proceedings.
(g) If telephone or other
electronic means is used to conduct a meeting, each council, to the extent
practicable, shall allow a person to monitor the meeting electronically from a
remote location. Each council may
require the person making such a connection to pay for documented marginal
costs that each council incurs as a result of the additional connection.
(h) If telephone or other
electronic means is used to conduct a regular, special, or emergency meeting,
the council shall provide notice of the regular meeting location, of the fact
that some members may participate by telephone or other electronic means, and
whether a cost will be incurred under paragraph (f). The timing and method of providing notice is
governed by section 13D.04.
Sec. 8. [116U.242]
EXPLORE MINNESOTA FOR BUSINESS COUNCIL.
(a) The director shall be
advised by the Explore Minnesota for Business Council consisting of up to 14
voting members appointed by the governor for four-year terms, including:
(1) the director of
Explore Minnesota and the commissioner of employment and economic development,
who serve as cochairs;
(2) three representatives
in marketing, human resources, or executive leadership from Minnesota-based
companies with more than 100 employees representing Minnesota's key industries,
including health care, technology, food and agriculture, manufacturing, retail,
energy, and support services;
(3) two representatives
from statewide or regional marketing or business association leadership, the
Iron Range, and nonprofits focused on economic development or human resource
management;
(4) one representative
from a Minnesota college or university staff, faculty, leadership, student
leadership, or alumni association;
(5) one member
representing Minnesota's start-up and entrepreneurial industry who has started
at least one Minnesota-based business in the last five years and has at least
20 employees;
(6) two representatives from the Minnesota Indian Affairs Council and Minnesota Tribal leadership, including casino management;
(7) two representatives
from Minnesota's Ethnic Chambers of Commerce Leadership and the Minnesota
Chamber of Commerce; and
(8) one at-large
representative in the field of general marketing, talent attraction, or
economic development.
(b) The council shall act
to serve the broader interest of promoting overall livability and workforce and
economic opportunity in Minnesota. Members
shall advise Explore Minnesota for Business' marketing efforts by emphasizing
and prioritizing diversity, equity, inclusion, and accessibility and providing
professional marketing insights.
Sec. 9. Minnesota Statutes 2022, section 116U.30, is amended to read:
116U.30 DUTIES OF DIRECTOR.
(a) The director shall:
(1) publish, disseminate, and distribute informational and promotional materials;
(2) promote and encourage the coordination of Minnesota travel, tourism, overall livability, and workforce and economic opportunity promotion efforts with other state agencies and develop multiagency marketing strategies when appropriate;
(3) promote and encourage the expansion and development of international tourism, trade, and Minnesota livability marketing;
(4) advertise and disseminate information about Minnesota travel, tourism, and workforce and economic development opportunities;
(5) aid various local communities to improve their travel, tourism, and overall livability marketing programs;
(6) coordinate and
implement a comprehensive state travel, tourism, workforce and
economic development, and overall livability marketing program programs
that takes take into consideration public and private businesses
and attractions;
(7) contract, in accordance with section 16C.08, for professional services if the work or services cannot be satisfactorily performed by employees of the agency or by any other state agency;
(8) provide local,
regional, and statewide tourism organizations with information,
technical assistance, training, and advice on using state tourism and
livability information and programs; and
(9) generally gather,
compile, and make available statistical information relating to Minnesota travel,
tourism, workforce and economic development, overall livability, and
related areas in this state, with.
The director has the authority to call upon other state agencies for
statistical data and results obtained by them and to arrange and compile that
statistical information.
(b) The director may:
(1) apply for, receive, and
spend money for travel, tourism, workforce and economic development,
and overall livability development and marketing from other agencies and
tourism, organizations, and businesses;
(2) apply for, accept, and disburse grants and other aids for tourism development and marketing from the federal government and other sources;
(3) enter into joint powers
or cooperative agreements with agencies of the federal government, local
governmental units, regional development commissions, other state agencies, the
University of Minnesota and other educational institutions, other states,
Canadian provinces, and local, statewide, and regional tourism
organizations as necessary to perform the director's duties;
(4) enter into interagency agreements and agree to share net revenues with the contributing agencies;
(5) make grants;
(6) conduct market research and analysis to improve marketing techniques in the area of travel, tourism, workforce and economic development, and overall livability;
(7) monitor and study
trends in the tourism industry related industries and provide
resources and training to address change;
(8) annually convene
conferences of Minnesota tourism providers for the purposes of
exchanging information on tourism development, coordinating marketing
activities, and formulating tourism, overall livability, and workforce and
economic opportunity promotion development strategies; and
(9) enter into tourism
promotion contracts or other agreements with private persons and public
entities, including agreements to establish and maintain offices and other
types of representation in foreign countries, to promote international
travel and to implement this chapter.
(c) Contracts for goods and
nonprofessional technical services made under paragraph (b), clauses (3) and
(9), are not subject to the provisions of sections 16C.03, subdivision 3, and
16C.06 concerning competitive bidding and section 16C.055 concerning barter
arrangements. Unless otherwise
determined by the commissioner of administration, all other provisions of
chapter 16C apply to this section, including section 16C.08, relating to
professional and technical services.
Contracts may be negotiated and are not subject to the provisions of
chapter 16C relating to competitive bidding.
Sec. 10. Minnesota Statutes 2022, section 116U.35, is amended to read:
116U.35 PROMOTIONAL EXPENSES.
To promote travel,
tourism, workforce and economic development, and overall livability of
the state, the director may expend money appropriated by the legislature for
these purposes in the same manner as private persons, firms, corporations, and
associations make expenditures for these purposes. Policies on promotional expenses must be
approved by the Explore Minnesota Tourism Council and the commissioner
of administration. A policy for
expenditures on food, lodging, and travel must be approved by the commissioner
of management and budget. No money may
be expended for the appearance in radio or television broadcasts by an elected
public official.
ARTICLE 17
CAPITOL AREA
Section 1. CAPITOL
AREA COMMUNITY VITALITY TASK FORCE; APPROPRIATION.
Subdivision 1. Task
force established; membership. (a)
A Capitol Area Community Vitality Task Force is established. The task force consists of the following
members:
(1) the executive
secretary of the Capitol Area Architectural and Planning Board;
(2) one member of the
Capitol Area Architectural and Planning Board, appointed by the board;
(3) two members of the
house of representatives appointed by the speaker of the house, of whom one
must be a member of the majority caucus of the house, and one must be a member
of the minority caucus of the house;
(4) two members of the
senate appointed by the majority leader of the senate, of whom one must be a
member of the majority caucus of the senate, and one must be a member of the
minority caucus of the senate;
(5) four members who are
residents, businesspeople, or members of local organizations in the Capitol
Area, appointed by the mayor of St. Paul; and
(6) one member of the
public appointed by the governor.
(b) The task force must elect a
chair and other officers from among its members. Appointments to the task force must be made
no later than July 15, 2023. The
executive secretary of the Capitol Area Architectural and Planning Board must
convene the first meeting of the task force no later than August 15, 2023.
(c) As used in this
section, "Capitol Area" includes that part of the city of St. Paul
within the boundaries described in Minnesota Statutes, section 15B.02.
Subd. 2. Terms;
compensation. The terms and
compensation of members of the task force are governed by Minnesota Statutes,
section 15.059, subdivision 6.
Subd. 3. Administrative
support. The Capitol Area
Architectural and Planning Board must provide administrative support to assist
the task force in its work.
Subd. 4. Duties; report. The task force must consider and develop recommendations for the administration, program plan, and oversight of the Capitol Area community vitality account established by this act. The task force must submit its recommendations to the Capitol Area Architectural and Planning Board for approval. A report including the approved recommendations must be submitted by the Capitol Area Architectural and Planning Board to the chairs and ranking minority members of the committees of the legislature with jurisdiction over the board no later than February 1, 2024.
Subd. 5. Expiration. Notwithstanding Minnesota Statutes,
section 15.059, subdivision 6, the task force expires upon submission of the
report required by subdivision 4.
Subd. 6. Appropriation. $150,000 in fiscal year 2024 is
appropriated from the general fund to the Capitol Area Architectural and
Planning Board to support the work of the task force, including but not limited
to payment of fees and other expenses necessary to retain appropriate
professional consultants, conduct public meetings, and facilitate other
activities as requested by the task force.
Sec. 2. CAPITOL
AREA COMMUNITY VITALITY ACCOUNT.
Subdivision 1. Account
established; appropriation. (a)
A Capitol Area community vitality account is established in the special revenue
fund. Money in the account is
appropriated to the commissioner of administration to improve the livability,
economic health, and safety of communities within the Capitol Area, provided
that no funds may be expended until a detailed program and oversight plan to
govern their use, in accordance with the spending recommendations of the
Capitol Area Community Vitality Task Force as approved by the Capitol Area
Architectural and Planning Board, has been further approved by law.
(b) As used in this
section, "Capitol Area" includes that part of the city of St. Paul
within the boundaries described in Minnesota Statutes, section 15B.02.
Subd. 2. Appropriation. $5,000,000 in fiscal year 2024 is
transferred from the general fund to the Capitol Area community vitality account.
ARTICLE 18
PROMISE ACT
Section 1. TITLE.
This article shall be
known as the "Providing Resources and Opportunity and Maximizing
Investments in Striving Entrepreneurs (PROMISE) Act."
Sec. 2. PROMISE
GRANT PROGRAM.
Subdivision 1. Definitions. (a) For the purposes of this section,
the following terms have the meanings given.
(b) "Business"
means both for-profit businesses and nonprofit organizations that earn revenue
in ways similar to businesses.
(c)
"Commissioner" means the commissioner of employment and economic
development.
(d) "Partner
organization" or "partner" means the Minnesota Initiative
Foundations and nonprofit corporations receiving grants to provide grants to
businesses under this section.
(e) "Program"
means the PROMISE grant program under this section.
Subd. 2. Establishment. The commissioner shall establish the
PROMISE grant program to make grants to partner organizations to make grants to
businesses in communities that have been adversely affected by structural
racial discrimination, civil unrest, lack of access to capital, loss of
population or an aging population, or lack of regional economic
diversification.
Subd. 3. Grants
to partner organizations. (a)
The commissioner shall make grants to partner organizations to provide grants
to businesses under subdivision 4 using criteria, forms, applications, and
reporting requirements developed by the commissioner.
(b) Up to five percent
of a grant under this subdivision may be used by the partner organization for
administration and monitoring of the program, and three percent of a grant
shall be used by the partner organization for technical assistance to grantees
for help with language, culture, and technology.
(c) Any money not spent
by partner organizations by June 30, 2027, must be returned to the commissioner
and canceled back to the general fund.
Subd. 4. Grants
to businesses. (a) Partners
shall make grants to businesses using criteria, forms, applications, and
reporting requirements developed by the partner organization and approved by
the commissioner.
(b) To be eligible for a
grant under this subdivision, a business must:
(1) have primary
business operations located in the state of Minnesota;
(2) be located in a
community that has been adversely affected by structural racial discrimination,
civil unrest, lack of access to capital, a
loss of population or an aging population, or a lack of regional economic
diversification; and
(3) have a gross annual
revenue of $750,000 or less based on 2021 taxes.
(c) Preference shall be
given to businesses that did not receive previous assistance of more than
$10,000 cumulatively from the state under:
(1) the governor's
Executive Order No. 20-15;
(2) Laws 2020, First
Special Session chapter 1, section 4;
(3) Laws 2020, Seventh
Special Session chapter 2, article 4 or 5; or
(4) Laws 2021, First Special
Session chapter 10, article 2, section 22.
(d) Preference shall be
given to businesses that are able to demonstrate financial hardship.
(e) Grants under this subdivision must not exceed:
(1) $10,000 for businesses with a gross revenue in the prior year of $100,000 or less;
(2) $25,000 for businesses with a gross revenue in the prior year of more than $100,000 but no more than $350,000; and
(3) $50,000 for businesses with a gross revenue in the prior year of more than $350,000 but no more than $750,000.
(f) No business or
individual may receive more than one grant under this section.
(g) Grant money may be
used for working capital to support payroll expenses, rent or mortgage
payments, utility bills, equipment, and other similar expenses that occur in
the regular course of business.
Subd. 5. Grant
requirements. All grants to
businesses under this section are subject to the grant-making requirements in
sections 16B.97, 16B.98, and 16B.991.
Subd. 6. Reports. (a) By January 31, 2026, partner
organizations participating in the program must provide a report to the
commissioner that includes descriptions of the businesses supported by the
program, the amounts granted, and an explanation of administrative expenses.
(b) By March 15, 2026,
the commissioner must report to the legislative committees in the house of
representatives and senate with jurisdiction over economic development about
grants made under this section based on the information received under paragraph
(a).
Subd. 7. Expiration. This section expires December 31,
2027.
Sec. 3. PROMISE
LOAN PROGRAM.
Subdivision 1. Definitions. (a) For the purposes of this section,
the following terms have the meanings given.
(b) "Borrower"
means an eligible recipient receiving a loan under this section.
(c)
"Commissioner" means the commissioner of employment and economic
development.
(d) "Eligible
project" means the development, redevelopment, demolition, site
preparation, predesign, design, engineering, repair, land acquisition,
relocation, or renovation of real property or capital improvements. Eligible project includes but is not limited
to construction of buildings, infrastructure, related site amenities,
landscaping, and street-scaping.
(e) "Eligible
recipient" means a:
(1) business;
(2) nonprofit
organization; or
(3) developer that is
seeking funding to complete an eligible project. Eligible recipient does not include a partner
organization or a local unit of government.
Eligible recipients must: (i) have primary operations located in the
state of Minnesota; (ii) have gross annual revenue of less than $1,000,000
based on 2021 taxes; and (iii) be located in a community that has been
adversely affected by structural racial discrimination, civil unrest, lack of
access to capital, a loss of population or an aging population, or a lack of
regional economic diversification.
(f) "Partner
organization" or "Partner" means the Minnesota Initiative
Foundations and nonprofit corporations receiving grants to provide loans under
this section.
(g) "Program"
means the PROMISE loan program under this section.
(h)
"Redevelopment" means the acquisition of real property; site
preparation; predesign, design, engineering, repair, or renovation of
facilities façade improvements, and construction of buildings, infrastructure,
and related site amenities; landscaping; street-scaping; land-banking for
future development or redevelopment; or financing any of these activities taken
on by a private party pursuant to an agreement with the city. Redevelopment does not include project costs
that have received compensation or assistance available through insurance
policies or from other organizations or government agencies.
Subd. 2. Establishment. The commissioner shall establish the PROMISE loan program to make grants to partner organizations to make loans to eligible recipients in communities that have been adversely affected by structural racial discrimination, civil unrest, lack of access to capital, a loss of population or an aging population, or a lack of regional economic diversification.
Subd. 3. Grants
to partner organizations. (a)
The commissioner shall make grants to partner organizations to provide loans to
eligible recipients as specified under this section.
(b) Up to five percent of
a grant under this subdivision may be used by the partner organization for
administration and monitoring of the program, and up to three percent of a
grant may be used by the partner organization for technical assistance to borrowers.
(c) Any funds from the
original appropriation that remain unspent by partner organizations by June 30,
2027, must be returned to the commissioner and canceled back to the general
fund.
Subd. 4. Loans
to eligible recipients. (a) A
partner organization may make loans to eligible recipients for eligible
projects. A loan to an eligible
recipient for an eligible project must:
(1) be for no more than
$1,000,000;
(2) be for a term of no
more than ten years; and
(3) not charge an
interest rate of more than three percent.
(b) Loans must not be
used for working capital or inventory; consolidating, repaying, or refinancing
debt; or speculation or investment in rental real estate.
(c) All payments of interest on a loan under this section are the property of the partner organization and shall be used for its administrative and operating expenses under the program.
(d) A partner organization may:
(1) charge a loan origination fee of no more than one percent per loan; and
(2) charge a monthly fee
in lieu of interest.
Subd. 5. Revolving
loan fund. Partner
organizations that receive grants from the commissioner under the program must
establish a commissioner-certified revolving loan fund for the purpose of
making eligible loans. All loan payments
shall be deposited in the partner organization's revolving loan fund.
Subd. 6. Preference. (a) Priority shall be given to those
eligible recipients that have not received more than $10,000 cumulatively from
a grant under a Main Street COVID-19 relief grant program or a loan from the
Main Street Economic Revitalization Loan Program.
(b) Priority may also be
given to projects that involve developers who are Black, Indigenous, or People
of Color; veterans; or women.
Subd. 7. Oversight. Grants and any loans to borrowers
under this section are subject to the grant-making requirements in sections
16B.97, 16B.98, and 16B.991.
Subd. 8. Reports. (a) By January 31, 2026, partner
organizations participating in the program must provide a report to the
commissioner that includes descriptions of the eligible recipients supported by
the program, the amounts loaned, and an explanation of administrative expenses.
(b) By March 15, 2026,
the commissioner must report to the legislative committees in the house of
representatives and senate with jurisdiction over economic development about
loans made under this section based on the information received under paragraph
(a).
Subd. 9. Expiration. This section expires December 31,
2033.
ARTICLE 19
APPROPRIATIONS; LABOR
Section 1. APPROPRIATIONS. |
(a) The sums shown in the
columns marked "Appropriations" are appropriated to the agencies and
for the purposes specified in this article.
The appropriations are from the general fund, or another named fund, and
are available for the fiscal years indicated for each purpose. The figures "2024" and
"2025" used in this article mean that the appropriations listed under
them are available for the fiscal year ending June 30, 2024, or June 30, 2025,
respectively. "The first year"
is fiscal year 2024. "The second
year" is fiscal year 2025. "The
biennium" is fiscal years 2024 and 2025.
(b) If an appropriation in
this article is enacted more than once in the 2023 regular or special
legislative session, the appropriation must be given effect only once.
|
|
|
APPROPRIATIONS
|
|
|
|
|
Available
for the Year |
|
|
|
|
Ending
June 30 |
|
|
|
|
2024
|
2025
|
Sec. 2. DEPARTMENT OF LABOR AND INDUSTRY |
|
|
|
Subdivision 1. Total
Appropriation |
|
$47,710,000 |
|
$44,044,000 |
Appropriations by Fund |
||
|
2024 |
2025 |
General |
7,200,000 |
4,889,000 |
Workers'
Compensation |
30,599,000 |
32,390,000 |
Workforce Development |
9,911,000
|
6,765,000
|
The amounts that may be spent
for each purpose are specified in the following subdivisions. The general fund base for this appropriation
is $4,936,000 in fiscal year 2026 and $4,958,000 in fiscal year 2027 and each year
thereafter. The workers compensation
fund base is $32,749,000 in fiscal year 2026 and $32,458,000 in fiscal year
2027 and each year thereafter. The
workforce development fund base is $6,765,000 in fiscal year 2026 and each year
thereafter.
Subd. 2. General
Support |
|
8,765,000 |
|
9,106,000 |
This appropriation is from
the workers' compensation fund.
Subd. 3. Labor
Standards |
|
6,520,000 |
|
6,270,000 |
Appropriations by Fund |
||
General |
4,957,000 |
4,635,000 |
Workforce Development |
1,563,000 |
1,635,000 |
The general fund base for
this appropriation is $4,682,000 in fiscal year 2026 and $4,704,000 in fiscal
year 2027 and each year thereafter.
(a) $2,046,000 each year is
for wage theft prevention.
(b) $1,563,000 the first
year and $1,635,000 the second year are from the workforce development fund for
prevailing wage enforcement.
(c) $134,000 the first year
and $134,000 the second year are for outreach and enforcement efforts related
to changes to the nursing mothers, lactating
employees, and pregnancy accommodations law.
(d) $661,000 the first year
and $357,000 the second year are to perform work for the Nursing Home Workforce
Standards Board. The base for this
appropriation is $404,000 in fiscal year 2026 and $357,000 in fiscal year 2027.
(e) $225,000 the first year
and $169,000 the second year are for the purposes of the Safe Workplaces for
Meat and Poultry Processing Workers Act.
(f) $27,000 the first year
is for the creation and distribution of a veterans' benefits and services
poster under Minnesota Statutes, section 181.536.
Subd. 4. Workers'
Compensation |
|
15,190,000 |
|
15,725,000 |
This appropriation is from
the workers' compensation fund.
Subd. 5.
Workplace Safety |
|
8,644,000 |
|
7,559,000 |
Appropriations by Fund |
||
General |
2,000,000 |
-0- |
Workers'
Compensation |
6,644,000 |
7,559,000 |
The workers compensation
fund base for this appropriation is $7,918,000 in fiscal year 2026 and
$7,627,000 in fiscal year 2027 and each year thereafter.
$2,000,000 the first year is
for the ergonomics safety grant program.
This appropriation is available until June 30, 2026. This is a onetime appropriation.
Subd. 6. Workforce
Development Initiatives |
|
2,359,000 |
|
2,371,000 |
(a) This appropriation is
from the workforce development fund.
(b) $300,000 each year is
from the workforce development fund for the pipeline program.
(c) $200,000 each year is
from the workforce development fund for identification of competency standards
under Minnesota Statutes, section 175.45.
(d) $1,500,000 each year is
from the workforce development fund for youth skills training grants under
Minnesota Statutes, section 175.46.
(e) $359,000 the first year
and $371,000 the second year are from the workforce development fund for
administration of the youth skills training grants under Minnesota Statutes,
section 175.46.
Subd. 7. Combative
Sports |
|
243,000 |
|
254,000 |
Subd. 8. Apprenticeship
|
|
5,989,000 |
|
2,759,000 |
(a) This appropriation is
from the workforce development fund. The
base for this appropriation is $2,759,000 in fiscal year 2026 and each year thereafter.
(b) $1,000,000 the first
year and $1,000,000 the second year are from the workforce development fund for
labor education and advancement program grants under Minnesota Statutes,
section 178.11.
(c) $3,000,000 the first
year is from the workforce development fund for grants to registered
apprenticeship programs for clean economy occupations. Of this amount, up to five percent is for
administration and monitoring of the program.
This appropriation is onetime and
available until June 30, 2026. Grants
may be used to:
(1) purchase equipment or
training materials in clean technologies;
(2) fund instructor
professional development in clean technologies;
(3) design and refine
curriculum in clean technologies; and
(4) train apprentices and
upskill incumbent workers in clean technologies.
(d) $300,000 the first year
is from the workforce development fund for a grant to Independent School
District No. 294, Houston, for the Minnesota Virtual Academy's career
pathways program with Operating Engineers Local 49. This appropriation does not cancel and is
available until June 30, 2025. The
following requirements apply:
(1) the career pathways
program must encourage, support, and provide continuity for student
participation in structured career pathways.
The program may include up to five semesters of coursework and must lead
to eligibility for the Operating Engineers Local 49 apprenticeship program. The career pathways program must provide
outreach to and encourage participation in the program by students of color,
Indigenous students, students from low-income families, students located
throughout Minnesota, and underserved students;
(2) the grant may be used
to encourage and support student participation in the career pathways program
through additional academic, counseling, and other support services provided by
the student's enrolling school district.
The Minnesota Virtual Academy may contract with a student's enrolling
school district to provide these services; and
(3) on January 15 of each
year following the receipt of a grant, Independent School District No. 294,
Houston, must submit a written report to the legislative committees having
jurisdiction over education and workforce development. A grant award and report must be in
accordance with the provisions of Minnesota Statutes, sections 3.195 and
127A.20. The report must describe
students' experiences with the program; document the program's spending and the
number of students participating in the program and entering into the
apprenticeship program; include geographic and demographic information on the
program participants; make recommendations to improve the support of career
pathways programs statewide; and make recommendations to improve student
participation in career pathways programs.
(e) $225,000 the first year
and $225,000 the second year are from the workforce development fund for grants
to Building Strong Communities for the Helmets to Hardhats Minnesota initiative. Grant money must be used to recruit, retain,
assist, and support
National Guard, reserve, and
active duty military members' and veterans' participation in apprenticeship
programs registered with the Department of Labor and Industry and connect
service members and veterans with career training and employment in the building
and construction industry. The
recruitment, selection, employment, and training must be without discrimination
due to race, color, creed, religion, national origin, sex, sexual orientation,
marital status, physical or mental disability, receipt of public assistance, or
age.
Sec. 3. WORKERS'
COMPENSATION COURT OF APPEALS |
$2,583,000 |
|
$2,563,000 |
This appropriation is from
the workers' compensation fund.
Sec. 4. BUREAU
OF MEDIATION SERVICES |
|
$3,707,000 |
|
$3,789,000 |
(a) $750,000 each year is
for purposes of the Public Employment Relations Board under Minnesota Statutes,
section 179A.041.
(b) $68,000 each year is
for grants to area labor management committees.
Grants may be awarded for a 12-month period beginning July 1 each year. Any unencumbered balance remaining at the end
of the first year does not cancel but is available for the second year.
(c) $47,000 each year is
for rulemaking, staffing, and other costs associated with peace officer
grievance procedures.
ARTICLE 20
APPROPRIATIONS; JOBS
Section 1. APPROPRIATIONS. |
(a) The sums shown in the
columns marked "Appropriations" are appropriated to the agencies and
for the purposes specified in this article.
The appropriations are from the general fund, or another named fund, and
are available for the fiscal years indicated for each purpose. The figures "2024" and
"2025" used in this article mean that the appropriations listed under
them are available for the fiscal year ending June 30, 2024, or June 30, 2025,
respectively. "The first year"
is fiscal year 2024. "The second
year" is fiscal year 2025. "The
biennium" is fiscal years 2024 and 2025.
(b) If an appropriation in
this article is enacted more than once in the 2023 regular or special
legislative session, the appropriation must be given effect only once.
|
|
|
APPROPRIATIONS |
|
|
|
|
Available for the Year |
|
|
|
|
Ending June 30 |
|
|
|
|
2024 |
2025 |
Sec. 2. DEPARTMENT OF EMPLOYMENT AND ECONOMIC DEVELOPMENT |
|
|
|
Subdivision 1. Total
Appropriation |
|
$382,802,000 |
|
$310,131,000 |
Appropriations by Fund |
||
|
2024 |
2025 |
General |
352,525,000 |
279,854,000 |
Remediation |
700,000 |
700,000 |
Workforce Development |
30,277,000 |
30,277,000 |
The amounts that may be
spent for each purpose are specified in the following subdivisions.
Subd. 2. Business
and Community Development |
|
195,061,000 |
|
139,929,000 |
Appropriations by Fund |
||
General |
193,011,000 |
137,879,000 |
Remediation |
700,000 |
700,000 |
Workforce Development |
1,350,000 |
1,350,000 |
(a) $2,287,000 each year is
for the greater Minnesota business development public infrastructure grant
program under Minnesota Statutes, section 116J.431. This appropriation is available until June
30, 2027.
(b) $500,000 each year is
for grants to small business development centers under Minnesota Statutes,
section 116J.68. Money made available
under this paragraph may be used to match funds under the federal Small
Business Development Center (SBDC) program under United States Code, title 15,
section 648, to provide consulting and technical services or to build
additional SBDC network capacity to serve entrepreneurs and small businesses.
(c) $2,500,000 each year is
for Launch Minnesota. These are onetime
appropriations. Of this amount:
(1) $1,500,000 each year is
for innovation grants to eligible Minnesota entrepreneurs or start-up
businesses to assist with their operating needs;
(2) $500,000 each year is for
administration of Launch Minnesota; and
(3) $500,000 each year is
for grantee activities at Launch Minnesota.
(d)(1) $500,000 each year
is for grants to MNSBIR, Inc., to support moving scientific excellence and
technological innovation from the lab to the market for start-ups and small
businesses by securing federal research and development funding. The purpose of the grant is to build a strong
Minnesota economy and stimulate the creation of novel products, services, and
solutions in the private sector; strengthen the role of small business in
meeting federal research and development needs; increase the commercial
application of federally supported research results; and develop and increase
the Minnesota workforce, especially by fostering and encouraging participation
by small businesses owned by women and people who are Black, Indigenous, or
people of color. This is a onetime
appropriation.
(2) MNSBIR, Inc., shall use
the grant money to be the dedicated resource for federal research and
development for small businesses of up to 500 employees statewide to support
research and commercialization of novel ideas, concepts, and projects into cutting-edge
products and services for worldwide economic impact. MNSBIR, Inc., shall use grant money to:
(i) assist small businesses
in securing federal research and development funding, including the Small
Business Innovation Research and Small Business Technology Transfer programs
and other federal research and development funding opportunities;
(ii) support technology
transfer and commercialization from the University of Minnesota, Mayo Clinic,
and federal laboratories;
(iii) partner with large
businesses;
(iv) conduct statewide
outreach, education, and training on federal rules, regulations, and
requirements;
(v) assist with scientific
and technical writing;
(vi) help manage federal
grants and contracts; and
(vii) support cost
accounting and sole-source procurement opportunities.
(e) $10,000,000 the first
year is for the Minnesota Expanding Opportunity Fund Program under Minnesota
Statutes, section 116J.8733. This is a
onetime appropriation and is available until June 30, 2025.
(f) $6,425,000 each year is for
the small business assistance partnerships program under Minnesota Statutes,
section 116J.682. All grant awards shall
be for two consecutive years. Grants
shall be awarded in the first year. The
department may use up to five percent of the appropriation for administrative
purposes. The base for this appropriation
is $2,725,000 in fiscal year 2026 and each year thereafter.
(g) $350,000 each year is
for administration of the community energy transition office.
(h) $5,000,000 each year is
transferred from the general fund to the community energy transition account
for grants under Minnesota Statutes, section 116J.55. This is a onetime transfer.
(i) $1,772,000 each year is
for contaminated site cleanup and development grants under Minnesota Statutes,
sections 116J.551 to 116J.558. This
appropriation is available until expended.
(j) $700,000 each year is
from the remediation fund for contaminated site cleanup and development grants
under Minnesota Statutes, sections 116J.551 to 116J.558. This appropriation is available until
expended.
(k) $389,000 each year is
for the Center for Rural Policy and Development. The base for this appropriation is $139,000
in fiscal year 2026 and each year thereafter.
(l) $25,000 each year is
for the administration of state aid for the Destination Medical Center under
Minnesota Statutes, sections 469.40 to 469.47.
(m) $875,000 each year is
for the host community economic development program established in Minnesota
Statutes, section 116J.548.
(n) $6,500,000 each year is
for grants to local communities to increase the number of quality child care
providers to support economic development.
Fifty percent of grant money must go to communities located outside the
seven-county metropolitan area as defined in Minnesota Statutes, section
473.121, subdivision 2. The base for
this appropriation is $1,500,000 in fiscal year 2026 and each year thereafter.
Grant recipients must
obtain a 50 percent nonstate match to grant money in either cash or in-kind
contribution, unless the commissioner waives the requirement. Grant money available under this subdivision
must be used to implement projects to reduce the child care shortage in the
state, including but not limited to funding for child care business start-ups
or expansion, training, facility modifications, direct subsidies or incentives
to retain
employees, or improvements
required for licensing, and assistance with licensing and other regulatory
requirements. In awarding grants, the
commissioner must give priority to communities that have demonstrated a
shortage of child care providers.
Within one year of
receiving grant money, grant recipients must report to the commissioner on the
outcomes of the grant program, including but not limited to the number of new
providers, the number of additional child care provider jobs created, the
number of additional child care openings, and the amount of cash and in‑kind
local money invested. Within one month
of all grant recipients reporting on program outcomes, the commissioner must
report the grant recipients' outcomes to the chairs and ranking members of the
legislative committees with jurisdiction over early learning and child care and
economic development.
(o) $500,000 each year is
for the Office of Child Care Community Partnerships. Of this amount:
(1) $450,000 each year is
for administration of the Office of Child Care Community Partnerships; and
(2) $50,000 each year is
for the Labor Market Information Office to conduct research and analysis
related to the child care industry.
(p) $3,500,000 each year is
for grants in equal amounts to each of the Minnesota Initiative Foundations. This appropriation is available until June
30, 2027. The base for this
appropriation is $1,000,000 in fiscal year 2026 and each year thereafter. The Minnesota Initiative Foundations must use
grant money under this section to:
(1) facilitate planning
processes for rural communities resulting in a community solution action plan
that guides decision making to sustain and increase the supply of quality child
care in the region to support economic development;
(2) engage the private
sector to invest local resources to support the community solution action plan
and ensure quality child care is a vital component of additional regional
economic development planning processes;
(3) provide locally based
training and technical assistance to rural business owners individually or
through a learning cohort. Access to
financial and business development assistance must prepare child care
businesses for quality engagement and improvement by stabilizing operations,
leveraging funding from other sources, and fostering business acumen that
allows child care businesses to plan for and afford the cost of providing
quality child care; and
(4) recruit child care programs
to participate in quality rating and improvement measurement programs. The Minnesota Initiative Foundations must
work with local partners to provide low-cost training, professional development
opportunities, and continuing education curricula. The Minnesota Initiative Foundations must
fund, through local partners, an enhanced level of coaching to rural child care
providers to obtain a quality rating through measurement programs.
(q) $8,000,000 each year is
for the Minnesota job creation fund under Minnesota Statutes, section 116J.8748. Of this amount, the commissioner of
employment and economic development may use up to three percent for
administrative expenses. This
appropriation is available until expended.
Notwithstanding Minnesota Statutes, section 116J.8748, money
appropriated for the job creation fund may be used for redevelopment under
Minnesota Statutes, sections 116J.575 and 116J.5761, at the discretion of the
commissioner.
(r) $12,370,000 each year
is for the Minnesota investment fund under Minnesota Statutes, section
116J.8731. Of this amount, the
commissioner of employment and economic development may use up to three percent
for administration and monitoring of the program. This appropriation is available until
expended. Notwithstanding Minnesota
Statutes, section 116J.8731, money appropriated to the commissioner for the
Minnesota investment fund may be used for the redevelopment program under
Minnesota Statutes, sections 116J.575 and 116J.5761, at the discretion of the
commissioner. Grants under this
paragraph are not subject to the grant amount limitation under Minnesota
Statutes, section 116J.8731.
(s) $4,246,000 each year is
for the redevelopment program under Minnesota Statutes, sections 116J.575 and
116J.5761. The base for this
appropriation is $2,246,000 in fiscal year 2026 and each year thereafter. This appropriation is available until
expended.
(t) $1,000,000 each year is
for the Minnesota emerging entrepreneur loan program under Minnesota Statutes,
section 116M.18. Money available under
this paragraph is for transfer into the emerging entrepreneur program special
revenue fund account created under Minnesota Statutes, chapter 116M, and are
available until expended. Of this
amount, up to four percent is for administration and monitoring of the program.
(u) $325,000 each year is
for the Minnesota Film and TV Board. The
appropriation each year is available only upon receipt by the board of $1 in
matching contributions of money or in-kind contributions from nonstate sources
for every $3 provided by this appropriation, except that each year up to
$50,000 is available on July 1 even if the required matching contribution has
not been received by that date.
(v) $12,000 each year is for a
grant to the Upper Minnesota Film Office.
(w) $500,000 each year is
for a grant to the Minnesota Film and TV Board for the film production jobs
program under Minnesota Statutes, section 116U.26. This appropriation is available until June
30, 2027.
(x) $4,195,000 each year is
for the Minnesota job skills partnership program under Minnesota Statutes,
sections 116L.01 to 116L.17. If the
appropriation for either year is insufficient, the appropriation for the other
year is available. This appropriation is
available until expended.
(y) $1,350,000 each year
from the workforce development fund is for jobs training grants under Minnesota
Statutes, section 116L.41.
(z) $47,475,000 each year
is for the PROMISE grant program. This is a onetime appropriation and is available
until June 30, 2027. Of this
amount:
(1) $475,000 each year is
for administration of the PROMISE grant program;
(2) $7,500,000 each year is
for grants in equal amounts to each of the Minnesota Initiative Foundations to
serve businesses in greater Minnesota. Of
this amount, $600,000 each year is for grants to businesses with less than $100,000 in revenue in the prior year; and
(3) $39,500,000 each year
is for grants to the Neighborhood Development Center. Of this amount, the following amounts are
designated for the following areas:
(i) $16,000,000 each year
is for North Minneapolis' West Broadway, Camden, or other Northside
neighborhoods. Of this amount,
$1,000,000 each year is for grants to businesses with less than $100,000 in
revenue in the prior year;
(ii) $13,500,000 each year
is for South Minneapolis' Lake Street, 38th and Chicago, Franklin, Nicollet,
and Riverside corridors. Of this amount,
$750,000 each year is for grants to businesses with less than $100,000 in
revenue in the prior year; and
(iii) $10,000,000 each year
is for St. Paul's University Avenue, Midway, Eastside, or other St. Paul
neighborhoods. Of this amount, $750,000
each year is for grants to businesses with less than $100,000 in revenue in the
prior year.
(aa) $15,150,000 each year is
for the PROMISE loan program. This is a
onetime appropriation and is available until June 30, 2027. Of this amount:
(1) $150,000 each year is
for administration of the PROMISE loan program;
(2) $3,000,000 each year is
for grants in equal amounts to each of the Minnesota Initiative Foundations to serve
businesses in greater Minnesota; and
(3) $12,000,000 each year
is for grants to the Metropolitan Economic Development Association (MEDA). Of this amount, the following amounts are
designated for the following areas:
(i) $4,500,000 each year is
for North Minneapolis' West Broadway, Camden, or other Northside neighborhoods;
(ii) $4,500,000 each year
is for South Minneapolis' Lake Street, 38th and Chicago, Franklin, Nicollet,
and Riverside corridors; and
(iii) $3,000,000 each year
is for St. Paul's University Avenue, Midway, Eastside, or other St. Paul
neighborhoods.
(bb) $1,500,000 each year
is for a grant to the Metropolitan Consortium of Community Developers for the
community wealth‑building grant program pilot project. Of this amount, up to two percent is for
administration and monitoring of the community wealth-building grant program
pilot project. This is a onetime
appropriation.
(cc) $250,000 each year is
for the publication, dissemination, and use of labor market information under
Minnesota Statutes, section 116J.401.
(dd) $5,000,000 the first
year is for a grant to the Bloomington Port Authority to provide funding for
the Expo 2027 host organization. The
Bloomington Port Authority must enter into an agreement with the host
organization over the use of money, which may be used for activities, including
but not limited to finalizing the community dossier and staffing the host
organization and for infrastructure design and planning, financial modeling,
development planning and coordination of both real estate and public private
partnerships, and reimbursement of costs the Bloomington Port Authority
incurred. In selecting vendors and
exhibitors for Expo 2027, the host organization shall prioritize outreach to,
collaboration with, and inclusion of businesses that are majority owned by
people of color, women, and people with disabilities. The host organization and Bloomington Port
Authority may be reimbursed for expenses 90 days prior to encumbrance. This appropriation is contingent on approval
of the
project by the Bureau
International des Expositions. If the
project is not approved by the Bureau International des Expositions, the money
shall transfer to the Minnesota investment fund under Minnesota Statutes,
section 116J.8731. Any unencumbered
balance remaining at the end of the first year does not cancel but is available
for the second year.
(ee) $5,000,000 the first
year is for a grant to the Neighborhood Development Center for small business
programs, including training, lending, business services, and real estate
programming; small business incubator development in the Twin Cities and outside
the seven-county metropolitan area; and technical assistance activities for
partners outside the seven-county metropolitan area; and for high-risk,
character-based loan capital for nonrecourse loans. This is a onetime appropriation. Any unencumbered balance remaining at the end
of the first year does not cancel but is available for the second year.
(ff) $5,000,000 the first
year is for transfer to the emerging developer fund account in the special
revenue fund. Of this amount, up to five
percent is for administration and monitoring of the emerging developer fund
program under Minnesota Statutes, section 116J.9926, and the remainder is for a
grant to the Local Initiatives Support Corporation - Twin Cities to serve as a
partner organization under the program. This
is a onetime appropriation.
(gg) $5,000,000 the first
year is for the Canadian border counties economic relief program under article
5. Of this amount, up to $1,000,000 is
for Tribal economic development and $2,100,000 is for a grant to Lake of the
Woods County for the forgivable loan program for remote recreational businesses. This is a onetime appropriation and is
available until June 30, 2026.
(hh) $1,000,000 each year
is for a grant to African Economic Development Solutions. This is a onetime appropriation and is
available until June 30, 2026. Of this
amount:
(1) $500,000 each year is for a loan fund that must address pervasive economic inequities by supporting business ventures of entrepreneurs in the African immigrant community; and
(2) $250,000 each year is
for workforce development and technical assistance, including but not limited
to business development, entrepreneur training, business technical assistance,
loan packing, and community development services.
(ii) $1,500,000 each year
is for a grant to the Latino Economic Development Center. This is a onetime appropriation and is
available until June 30, 2025. Of this
amount:
(1) $750,000 each year is to
assist, support, finance, and launch microentrepreneurs
by delivering training, workshops, and one-on-one consultations to
businesses; and
(2) $750,000 each year is to guide prospective entrepreneurs in their start-up process by introducing them to key business concepts, including business start-up readiness. Grant proceeds must be used to offer workshops on a variety of topics throughout the year, including finance, customer service, food-handler training, and food-safety certification. Grant proceeds may also be used to provide lending to business startups.
(jj) $627,000 the first year is for a grant to Community and Economic Development Associates (CEDA) to provide funding for economic development technical assistance and economic development project grants to small communities across rural Minnesota and for CEDA to design, implement, market, and administer specific types of basic community and economic development programs tailored to individual community needs. Technical assistance grants shall be based on need and given to communities that are otherwise unable to afford these services. Of the amount appropriated, up to $270,000 may be used for economic development project implementation in conjunction with the technical assistance received. This is a onetime appropriation. Any unencumbered balance remaining at the end of the first year does not cancel but is available the second year.
(kk) $2,000,000 the first
year is for a grant to WomenVenture to:
(1) support child care
providers through business training and shared services programs and to create
materials that could be used, free of charge, for start-up, expansion, and
operation of child care businesses statewide, with the goal of helping new and
existing child care businesses in underserved areas of the state become
profitable and sustainable; and
(2) support business expansion for women food entrepreneurs throughout Minnesota's food supply chain to help stabilize and strengthen their business operations, create distribution networks, offer technical assistance and support to beginning women food entrepreneurs, develop business plans, develop a workforce, research expansion strategies, and for other related activities.
Eligible uses of the money
include but are not limited to:
(i) leasehold improvements;
(ii) additions,
alterations, remodeling, or renovations to rented space;
(iii) inventory or
supplies;
(iv) machinery or equipment
purchases;
(v) working capital; and
(vi) debt refinancing.
Money distributed to
entrepreneurs may be loans, forgivable loans, and grants. Of this amount, up to five percent may be
used for the WomenVenture's technical assistance and administrative costs. This is a
onetime appropriation and is available until June 30, 2026.
By December 15, 2026,
WomenVenture must submit a report to the chairs and ranking minority members of
the legislative committees with jurisdiction over agriculture and employment
and economic development. The report
must include a summary of the uses of the appropriation, including the amount
of the appropriation used for administration.
The report must also provide a breakdown of the amount of funding used
for loans, forgivable loans, and grants; information about the terms of the
loans issued; a discussion of how money from repaid loans will be used; the
number of entrepreneurs assisted; and a breakdown of how many entrepreneurs
received assistance in each county.
(ll) $2,000,000 the first
year is for a grant to African Career, Education, and Resource, Inc., for
operational infrastructure and technical assistance to small businesses. This appropriation is available until June
30, 2025.
(mm) $5,000,000 the first
year is for a grant to the African Development Center to provide loans to
purchase commercial real estate and to expand organizational infrastructure. This appropriation is available until June
30, 2025. Of this amount:
(1) $2,800,000 is for loans
to purchase commercial real estate targeted at African immigrant small business
owners;
(2) $364,000 is for loan loss reserves to support loan volume growth and attract additional capital;
(3) $836,000 is for
increasing organizational capacity;
(4) $300,000 is for the
safe 2 eat project of inclusive assistance with required restaurant licensing
examinations; and
(5) $700,000 is for a
center for community resources for language and technology assistance for small
businesses.
(nn) $7,000,000 the first
year is for grants to the Minnesota Initiative Foundations to capitalize their
revolving loan funds, which address unmet financing needs of for-profit
business start‑ups, expansions, and ownership transitions; nonprofit
organizations; and developers
of housing to support the construction, rehabilitation, and conversion of
housing units. Of the amount
appropriated:
(1) $1,000,000 is for a
grant to the Southwest Initiative Foundation;
(2) $1,000,000 is for a
grant to the West Central Initiative Foundation;
(3) $1,000,000 is for a
grant to the Southern Minnesota Initiative Foundation;
(4) $1,000,000 is for a
grant to the Northwest Minnesota Foundation;
(5) $2,000,000 is for a
grant to the Initiative Foundation of which $1,000,000 is for redevelopment of
the St. Cloud Youth and Family Center; and
(6) $1,000,000 is for a
grant to the Northland Foundation.
(oo) $500,000 each year is
for a grant to Enterprise Minnesota, Inc., to reach and deliver talent,
leadership, employee retention, continuous improvement, strategy, quality
management systems, revenue growth, and manufacturing peer-to-peer advisory
services to small manufacturing companies employing 35 or fewer full-time
equivalent employees. This is a onetime
appropriation. No later than February 1,
2025, and February 1, 2026, Enterprise Minnesota, Inc., must provide a report
to the chairs and ranking minority members of the legislative committees with
jurisdiction over economic development that includes:
(1) the grants awarded
during the past 12 months;
(2) the estimated financial
impact of the grants awarded to each company receiving services under the
program;
(3) the actual financial impact of grants awarded during the past 24 months; and
(4) the total amount of
federal funds leveraged from the Manufacturing Extension Partnership at the
United States Department of Commerce.
(pp) $375,000 each year is
for a grant to PFund Foundation to provide grants to LGBTQ+-owned small
businesses and entrepreneurs. Of this
amount, up to five percent may be used for PFund Foundation's technical
assistance and administrative costs.
This is a onetime appropriation
and is available until June 30, 2026. To
the extent practicable, money must be distributed by PFund Foundation as
follows:
(1) at least 33.3 percent to businesses owned by members of racial minority communities; and
(2) at least 33.3 percent to
businesses outside of the seven‑county metropolitan area as defined in
Minnesota Statutes, section 473.121, subdivision 2.
(qq) $125,000 each year is
for a grant to Quorum to provide business support, training, development,
technical assistance, and related activities for LGBTQ+-owned small businesses
that are recipients of a PFund Foundation grant. Of this amount, up to five percent may be
used for Quorum's technical assistance and administrative costs. This is a onetime appropriation and is
available until June 30, 2026.
(rr) $5,000,000 the first
year is for a grant to the Metropolitan Economic Development Association (MEDA)
for statewide business development and assistance services to minority-owned
businesses. This is a onetime
appropriation. Any unencumbered balance
remaining at the end of the first year does not cancel but is available the
second year. Of this amount:
(1) $3,000,000 is for a
revolving loan fund to provide additional minority-owned businesses with access
to capital; and
(2) $2,000,000 is for
operating support activities related to business development and assistance
services for minority business enterprises.
By February 1, 2025, MEDA
shall report to the commissioner and the chairs and ranking minority members of
the legislative committees with jurisdiction over economic development policy
and finance on the loans and operating support activities, including outcomes
and expenditures, supported by the appropriation under this paragraph.
(ss) $2,500,000 each year is for a grant to a Minnesota-based automotive component manufacturer and distributor specializing in electric vehicles and sensor technology that manufactures all of their parts onshore to expand their manufacturing. The grant recipient under this paragraph shall submit reports on the uses of the money appropriated, the number of jobs created due to the appropriation, wage information, and the city and state in which the additional manufacturing activity was located to the chairs and ranking minority members of the legislative committees with jurisdiction over economic development. An initial report shall be submitted by December 15, 2023, and a final report is due by December 15, 2025. This is a onetime appropriation.
(tt)(1) $125,000 each year is
for grants to the Latino Chamber of Commerce Minnesota to support the growth
and expansion of small businesses statewide.
Funds may be used for the cost of programming, outreach, staffing, and
supplies. This is a onetime
appropriation.
(2) By January 15, 2026, the
Latino Chamber of Commerce Minnesota must submit a report to the legislative
committees with jurisdiction over economic development that details the use of
grant funds and the grant's economic impact.
(uu) $175,000 the first year
is for a grant to the city of South St. Paul for repurposing the 1927
American Legion Memorial Library after the property is no longer used as a
library. This appropriation is available
until the project is completed or abandoned, subject to Minnesota Statutes,
section 16A.642.
(vv) $250,000 the first year
is for a grant to LatinoLEAD for organizational capacity-building.
(ww) $80,000 the first year
is for a grant to the Neighborhood Development Center for small business
competitive grants to software companies working to improve employee engagement
and workplace culture and to reduce turnover.
(xx)(1) $3,000,000 in the
first year is for a grant to the Center for Economic Inclusion for strategic,
data-informed investments in job creation strategies that respond to the needs
of underserved populations statewide. This
may include forgivable loans, revenue-based financing, and equity investments
for entrepreneurs with barriers to growth.
Of this amount, up to five percent may be used for the center's
technical assistance and administrative costs.
This appropriation is available until June 30, 2025.
(2) By January 15, 2026, the
Center for Economic Inclusion shall submit a report on the use of grant funds,
including any loans made, to the legislative committees with jurisdiction over
economic development.
(yy) $500,000 each year is
for a grant to the Asian Economic Development Association for asset building
and financial empowerment for entrepreneurs and small business owners, small
business development and technical assistance, and cultural placemaking. This is a onetime appropriation.
(zz) $500,000 each year is
for a grant to Isuroon to support primarily African immigrant women with
entrepreneurial training to start, manage, and grow self-sustaining
microbusinesses, develop incubator space for these businesses, and provide
support with financial and language literacy, systems navigation to eliminate
capital access disparities, marketing, and other technical assistance. This is a onetime appropriation.
Subd. 3.
Employment and Training
Programs |
|
112,038,000 |
|
104,499,000 |
Appropriations by Fund |
||
|
2024 |
2025 |
General |
91,036,000 |
83,497,000 |
Workforce Development |
21,002,000 |
21,002,000 |
(a) $500,000 each year from
the general fund and $500,000 each year from the workforce development fund are
for rural career counseling coordinators in the workforce service areas and for
the purposes specified under Minnesota Statutes, section 116L.667.
(b) $25,000,000 each year is
for the targeted population workforce grants under Minnesota Statutes, section
116L.43. The department may use up to
five percent of this appropriation for administration, monitoring, and
oversight of the program. Of this
amount:
(1) $18,500,000 each year is
for job and entrepreneurial skills training grants under Minnesota Statutes,
section 116L.43, subdivision 2;
(2) $1,500,000 each year is for diversity and inclusion training for small employers under Minnesota Statutes, section 116L.43, subdivision 3; and
(3) $5,000,000 each year is
for capacity building grants under Minnesota Statutes, section 116L.43,
subdivision 4.
The base for this
appropriation is $1,275,000 in fiscal year 2026 and each year thereafter.
(c) $750,000 each year is
for the women and high-wage, high‑demand, nontraditional jobs grant
program under Minnesota Statutes, section 116L.99. Of this amount, up to five percent is for
administration and monitoring of the program.
(d) $10,000,000 each year is
for the Drive for Five Initiative to conduct outreach and provide job skills
training, career counseling, case management, and supportive services for
careers in (1) technology, (2) labor, (3) the caring professions, (4) manufacturing,
and (5) educational and professional services.
This is a onetime appropriation.
(e) Of the amounts
appropriated in paragraph (d), the commissioner must make $7,000,000 each year
available through a competitive request for proposal process. The grant awards must be used to provide
education and training in the five industries identified in paragraph (d). Education and training may include:
(1) student tutoring and
testing support services;
(2) training and employment
placement in high wage and high growth employment;
(3) assistance in obtaining
industry-specific certifications;
(4) remedial training
leading to enrollment in employment training programs or services;
(5) real-time work
experience;
(6) career and educational
counseling;
(7) work experience and internships;
and
(8) supportive services.
(f) Of the amount
appropriated in paragraph (d), $2,000,000 each year must be awarded through
competitive grants made to trade associations or chambers of commerce for job
placement services. Grant awards must be
used to encourage workforce training efforts to ensure that efforts are aligned
with employer demands and that graduates are connected with employers that are
currently hiring. Trade associations or
chambers must partner with employers with current or anticipated employment
opportunities and nonprofit workforce training partners participating in this
program. The trade associations or
chambers must work closely with the industry sector training providers in the
five industries identified in paragraph (d).
Grant awards may be used for:
(1) employer engagement
strategies to align employment opportunities for individuals exiting workforce
development training programs. These
strategies may include business recruitment, job opening development, employee
recruitment, and job matching. Trade
associations must utilize the state's labor exchange system;
(2) diversity, inclusion,
and retention training of their members to increase the business' understanding
of welcoming and retaining a diverse workforce; and
(3) industry-specific
training.
(g) Of the amount
appropriated in paragraph (d), $1,000,000 each year is to hire, train, and
deploy business services representatives in local workforce development areas
throughout the state. Business services
representatives must work with an assigned local workforce development area to
address the hiring needs of Minnesota's businesses by connecting job seekers
and program participants in the CareerForce system. Business services representatives serve in
the classified service of the state and operate as part of the agency's
Employment and Training Office.
The commissioner shall develop and implement training materials and reporting and evaluation procedures for the activities of the business services representatives. The business services representatives must:
(1) serve as the primary contact for businesses in that area;
(2) actively engage
employers by assisting with matching employers to job seekers by referring
candidates, convening job fairs, and assisting with job announcements; and
(3) work with the local area board and its partners to identify candidates for openings in small and midsize companies in the local area.
(h) $2,546,000 each year
from the general fund and $4,604,000 each year from the workforce development
fund are for the pathways to prosperity competitive grant program. Of this amount, up to five percent is for
administration and monitoring of the program.
(i) $500,000 each year is
from the workforce development fund for current Minnesota affiliates of OIC of
America, Inc. This appropriation shall be divided equally among the eligible
centers.
(j) $1,000,000 each year is
for competitive grants to organizations providing services to relieve economic
disparities in the Southeast Asian community through workforce recruitment,
development, job creation, assistance of smaller organizations to increase
capacity, and outreach. Of this amount,
up to five percent is for administration and monitoring of the program.
(k) $1,000,000 each year is
for a competitive grant program to provide grants to organizations that provide
support services for individuals, such as job training, employment preparation,
internships, job assistance to parents, financial literacy, academic and
behavioral interventions for low-performing students, and youth intervention. Grants made under this section must focus on
low-income communities, young adults from families with a history of
intergenerational poverty, and communities of color. Of this amount, up to five percent is for
administration and monitoring of the program.
(l) $750,000 each year from
the general fund and $6,698,000 each year from the workforce development fund
are for the youth‑at-work competitive grant program under Minnesota
Statutes, section 116L.562. Of this
amount, up to five percent is for administration and monitoring of the youth
workforce development competitive grant program. All grant awards shall be for two consecutive
years. Grants shall be awarded in the
first year. The base for this
appropriation is $750,000 from the general fund and $3,348,000 from the
workforce development fund beginning in fiscal year 2026 and each year
thereafter.
(m) $1,093,000 each year is
from the general fund and $1,000,000 each year is from the workforce
development fund for the youthbuild program under Minnesota Statutes, sections
116L.361 to 116L.366. The base for this
appropriation is $1,000,000 from the workforce development fund in fiscal year
2026 and each year thereafter.
(n) $4,511,000 each year
from the general fund and $4,050,000 each year from the workforce development
fund are for the Minnesota youth program under Minnesota Statutes, sections
116L.56 and 116L.561. The base for this
appropriation is $0 from the general fund and $4,050,000 from the workforce
development fund in fiscal year 2026 and each year thereafter.
(o) $750,000 each year is
for the Office of New Americans under Minnesota Statutes, section 116J.4231.
(p) $1,000,000 each year
from the workforce development fund is for a grant to the Minnesota Technology
Association to support the SciTech internship program, a program that supports
science, technology, engineering, and math (STEM) internship opportunities for
two- and four-year college students and graduate students in their fields of
study. The internship opportunities must
match students with paid internships within STEM disciplines at small,
for-profit companies located in Minnesota having fewer than 250 employees
worldwide. At least 325 students must be
matched each year. No more than 15
percent of the hires may be graduate students.
Selected hiring companies shall receive from the grant 50 percent of the
wages paid to the intern, capped at $3,000 per intern. The program must work toward increasing the participation
among women or other underserved populations.
This is a onetime appropriation.
(q) $750,000 each year is
for grants to the Minneapolis Park and Recreation Board's Teen Teamworks youth
employment and training programs. This
is a onetime appropriation and available until June 30, 2027. Any unencumbered balance remaining at the end of the first year does not cancel but is
available in the second year.
(r) $900,000 each year is
for a grant to Avivo to provide low‑income individuals with career
education and job skills training that is fully integrated with chemical and
mental health services. Of this amount,
up to $250,000 each year is for a grant to Avivo to provide resources and
support services to survivors of sex trafficking and domestic abuse in the
greater St. Cloud area as they search for employment. Program resources include but are not limited
to costs for day care, transportation, housing, legal advice, procuring
documents required for employment, interview clothing, technology, and Internet
access. The program shall also include
public outreach and corporate training components to communicate to the public
and potential employers about the specific struggles faced by survivors as they
re-enter the workforce. This is a
onetime appropriation.
(s) $1,000,000 each year is for
the getting to work grant program under Minnesota Statutes, section 116J.545. Of this amount, up to five percent is for
administration and monitoring of the program.
This is a onetime appropriation.
(t) $400,000 each year is
for a grant to the nonprofit 30,000 Feet to fund youth apprenticeship jobs,
wraparound services, after‑school programming, and summer learning loss
prevention efforts targeted at African American youth. This is a onetime appropriation.
(u) $463,000 the first year
is for a grant to the Boys and Girls Club of Central Minnesota. This is a onetime appropriation. Of this amount:
(1) $313,000 is to fund one
year of free full-service programming for a new program in Waite Park that will
employ part-time youth development staff and provide community volunteer
opportunities for people of all ages. Career
exploration and life skills programming will be a significant dimension of
programming at this new site; and
(2) $150,000 is for
planning and design for a new multiuse facility for the Boys and Girls Club of
Waite Park and other community partners, including the Waite Park Police
Department and the Whitney Senior Center.
(v) $1,000,000 each year is
for a grant to the Minnesota Alliance of Boys and Girls Clubs to administer a
statewide project of youth job skills and career development. This project, which may have career guidance
components including health and life skills, must be designed to encourage,
train, and assist youth in early access to education and job-seeking skills,
work-based learning experience, including career pathways in STEM learning,
career exploration and matching, and first job placement through local
community partnerships and on-site job opportunities. This grant requires a 25 percent match
from nonstate resources. This is a
onetime appropriation.
(w) $1,000,000 the first
year is for a grant to the Owatonna Area Chamber of Commerce Foundation for the
Learn and Earn Initiative to help the Owatonna and Steele County region grow
and retain a talented workforce. This is
a onetime appropriation and is available until June 30, 2025. Of this amount:
(1) $900,000 is to develop
an advanced manufacturing career pathway program for youth and adult learners
with shared learning spaces, state-of-the-art equipment, and instructional
support to grow and retain talent in Owatonna; and
(2) $100,000 is to create the
Owatonna Opportunity scholarship model for the Learn and Earn Initiative for
students and employers.
(x) $250,000 each year from
the workforce development fund is for a grant to the White Bear Center for the
Arts for establishing a paid internship program for high school students to
learn professional development skills through an arts perspective. This is a onetime appropriation.
(y) $250,000 each year is
for the Minnesota Family Resiliency Partnership under Minnesota Statutes,
section 116L.96. The commissioner,
through the adult career pathways program, shall distribute the money to
existing nonprofit and state displaced homemaker programs. This is a onetime appropriation.
(z) $600,000 each year is
for a grant to East Side Neighborhood Services.
This is a onetime appropriation of which:
(1) $300,000 each year is
for the senior community service employment program, which provides work
readiness training to low-income adults ages 55 and older to provide ongoing
support and mentoring services to the program participants as well as the transition period from subsidized wages to
unsubsidized wages; and
(2) $300,000 each year is
for the nursing assistant plus program to serve the increased need for growth
of medical talent pipelines through expansion of the existing program and
development of in‑house training.
The amounts specified in
clauses (1) and (2) may also be used to enhance employment programming for
youth and young adults, ages 14 to 24, to introduce them to work culture,
develop essential work readiness skills, and make career plans through paid
internship experiences and work readiness training.
(aa) $1,500,000 each year
from the workforce development fund is for a grant to Ujamaa Place to assist
primarily African American men with job training, employment preparation,
internships, education, vocational housing, and organizational capacity
building. This is a onetime
appropriation.
(bb) $500,000 each year is
for a grant to Comunidades Organizando el Poder y la Acción Latina (COPAL) for
worker center programming that supports primarily low-income, migrant, and
Latinx workers with career planning, workforce training and education, workers'
rights advocacy, health resources and navigation, and wealth creation resources. This is a onetime appropriation.
(cc) $2,000,000 each year is
for a grant to Propel Nonprofits to provide capacity-building grants and
related technical assistance to small, culturally specific organizations that
primarily serve
historically underserved
cultural communities. Propel Nonprofits
may only award grants to nonprofit organizations that have an annual
organizational budget of less than $1,000,000.
These grants may be used for:
(1) organizational
infrastructure improvements, including developing database management systems
and financial systems, or other administrative needs that increase the
organization's ability to access new funding sources;
(2) organizational
workforce development, including hiring culturally competent staff, training
and skills development, and other methods of increasing staff capacity; or
(3) creating or expanding
partnerships with existing organizations that have specialized expertise in
order to increase capacity of the grantee organization to improve services to
the community.
Of this amount, up to five
percent may be used by Propel Nonprofits for administrative costs. This is a onetime appropriation.
(dd) $1,000,000 each year
is for a grant to Goodwill Easter Seals Minnesota and its partners. The grant must be used to continue the FATHER
Project in Rochester, St. Cloud, St. Paul, Minneapolis, and the
surrounding areas to assist fathers in overcoming barriers that prevent fathers
from supporting their children economically and emotionally, including with
community re-entry following confinement.
This is a onetime appropriation.
(ee) $250,000 the first
year is for a grant to the ProStart and Hospitality Tourism Management Program
for a well-established, proven, and successful education program that helps
young people advance careers in the hospitality industry and addresses critical
long-term workforce shortages in that industry.
(ff) $450,000 each year is
for grants to Minnesota Diversified Industries to provide inclusive employment
opportunities and services for people with disabilities. This is a onetime appropriation.
(gg) $1,000,000 the first
year is for a grant to Minnesota Diversified Industries to assist individuals
with disabilities through the unified work model by offering virtual and
in-person career skills classes augmented with virtual reality tools. Minnesota Diversified Industries shall submit
a report on the number and demographics of individuals served, hours of career
skills programming delivered, outreach to employers, and recommendations for
future career skills delivery methods to the chairs and ranking minority
members of the legislative committees
with jurisdiction over labor
and workforce development policy and finance by January 15, 2026. This is a onetime appropriation and is
available until June 30, 2025.
(hh) $1,264,000 each year is
for a grant to Summit Academy OIC to expand employment placement, GED preparation
and administration, and STEM programming in the Twin Cities, Saint Cloud, and
Bemidji. This is a onetime
appropriation.
(ii) $500,000 each year is
for a grant to Minnesota Independence College and Community to provide
employment preparation, job placement, job retention, and service coordination
services to adults with autism and learning differences. This is a onetime appropriation.
(jj) $1,000,000 the first
year and $2,000,000 the second year are for a clean economy equitable workforce
grant program. Money must be used for
grants to support partnership development, planning, and implementation of
workforce readiness programs aimed at workers who are Black, Indigenous, and
People of Color. Programs must include
workforce training, career development, workers' rights training, employment
placement, and culturally appropriate job readiness and must prepare workers
for careers in the high-demand fields of construction, clean energy, and energy
efficiency. Grants must be given to
nonprofit organizations that serve historically disenfranchised communities,
including new Americans, with preference for organizations that are new
providers of workforce programming or which have partnership agreements with
registered apprenticeship programs. This
is a onetime appropriation.
(kk) $350,000 the first year
and $25,000 the second year are for a grant to the University of Minnesota
Tourism Center for the creation and operation of an online hospitality training
program in partnership with Explore Minnesota Tourism. This training program must be made available
at no cost to Minnesota residents in an effort to address critical workforce
shortages in the hospitality and tourism industries and assist in career
development. The base for this
appropriation is $25,000 in fiscal year 2026 and each year thereafter for
ongoing system maintenance, management, and content updates.
(ll) $3,000,000 the first
year is for competitive grants to support high school robotics teams and
prepare youth for careers in STEM fields.
Of this amount, $2,000,000 is for creating internships for high school
students to work at private companies in STEM fields, including the payment of
student stipends. This is a onetime
appropriation and is available until June 30, 2028.
(mm) $750,000 each year is
for grants to the nonprofit Sanneh Foundation to fund out-of-school summer
programs focused on mentoring and behavioral, social, and emotional learning
interventions and enrichment activities directed toward low‑income students of color. This is a onetime appropriation and available until June 30, 2026.
(nn) $1,000,000 each year
is for a grant to the Hmong American Partnership to expand job training and
placement programs primarily serving the Southeast Asian community. This is a onetime appropriation.
(oo) $1,000,000 each year
is for a grant to Comunidades Latinas Unidas En Servicio (CLUES) to address
employment, economic, and technology access disparities for low-income
unemployed or underemployed individuals.
Grant money must support short-term certifications and transferable
skills in high‑demand fields, workforce readiness, customized financial
capability, and employment supports. At
least 50 percent of this amount must be used for programming targeted at
greater Minnesota. This is a onetime
appropriation.
(pp) $300,000 each year is
for a grant to All Square. The grant
must be used to support the operations of All Square's Fellowship and Prison to
Law Pipeline programs which operate in Minneapolis, St. Paul, and
surrounding correctional facilities to assist incarcerated and formerly
incarcerated Minnesotans in overcoming employment barriers that prevent
economic and emotional freedom. This is
a onetime appropriation.
(qq) $1,000,000 each year
is for a grant to the Redemption Project to provide employment services to
adults leaving incarceration, including recruiting, educating, training, and
retaining employment mentors and partners.
This is a onetime appropriation.
(rr) $500,000 each year is
for a grant to Greater Twin Cities United Way to make grants to partner
organizations to provide workforce training using the career pathways model
that helps students gain work experience, earn experience in high-demand fields,
and transition into family-sustaining careers.
This is a onetime appropriation.
(ss) $3,000,000 each year
is for a grant to Community Action Partnership of Hennepin County. This is a onetime appropriation. Of this amount:
(1) $1,500,000 each year is
for grants to 21 Days of Peace for social equity building and community
engagement activities; and
(2) $1,500,000 each year is
for grants to A Mother's Love for community outreach, empowerment training, and
employment and career exploration services.
(tt) $750,000 each year is for a grant to Mind the G. A. P. P. (Gaining Assistance to Prosperity Program) to improve the quality of life of unemployed and underemployed individuals by improving their employment outcomes and developing individual earnings potential. This is a onetime appropriation. Any unencumbered balance remaining at the end of the first year does not cancel but is available in the second year.
(uu) $550,000 each year is
for a grant to the International Institute of Minnesota. Grant money must be used for workforce
training for new Americans in industries in need of a trained workforce. This is a onetime appropriation.
(vv) $400,000 each year from the workforce development fund is for a grant to Hired to expand their career pathway job training and placement program that connects lower-skilled job seekers to entry-level and gateway jobs in high-growth sectors. This is a onetime appropriation.
(ww) $500,000 each year is
for a grant to the American Indian Opportunities and Industrialization Center
for workforce development programming, including reducing academic disparities
for American Indian students and adults.
This is a onetime appropriation.
(xx) $500,000 each year
from the workforce development fund is for a grant to the Hmong Chamber of
Commerce to train ethnically Southeast Asian business owners and operators in
better business practices. Of this
amount, up to $5,000 may be used for administrative costs. This is a onetime appropriation.
(yy) $275,000 each year is
for a grant to Southeast Minnesota Workforce Development Area 8 and Workforce
Development, Inc., to provide career planning, career pathway training and
education, wraparound support services, and job skills advancement in high-demand
careers to individuals with barriers to employment in Steele County, and to
help families build secure pathways out of poverty and address worker shortages
in the Owatonna and Steele County area, as well as supporting Employer Outreach
Services that provide solutions to workforce challenges and direct connections
to workforce programming. Money may be
used for program expenses, including but not limited to hiring instructors and
navigators; space rental; and supportive services to help participants attend
classes, including assistance with course fees, child care, transportation, and
safe and stable housing. Up to five
percent of grant money may be used for Workforce Development, Inc.'s
administrative costs. This is a onetime
appropriation and is available until June 30, 2027.
(zz) $589,000 the first year
and $588,000 the second year are for grants to the Black Women's Wealth
Alliance to provide low‑income individuals with job skills training,
career counseling, and job placement assistance. This is a onetime appropriation.
(aaa) $250,000 each year is
for a grant to Abijahs on the Backside to provide equine experiential mental
health therapy to first responders suffering from job-related trauma and post‑traumatic
stress disorder. For purposes of this
paragraph, a "first responder" is a peace officer as defined in
Minnesota Statutes, section 626.84, subdivision 1, paragraph (c); a full-time
firefighter as defined in Minnesota Statutes, section 299N.03, subdivision 5;
or a volunteer firefighter as defined in Minnesota Statutes, section 299N.03,
subdivision 7.
Abijahs on the Backside
must report to the commissioner of employment and economic development and the
chairs and ranking minority members of the legislative committees with
jurisdiction over employment and economic development policy and finance on the
equine experiential mental health therapy provided to first responders under
this paragraph. The report must include
an overview of the program's budget, a detailed explanation of program
expenditures, the number of first responders served by the program, and a list
and explanation of the services provided to and benefits received by program
participants. An initial report is due
by January 15, 2024, and a final report is due by January 15, 2026. This is a onetime appropriation.
(bbb) $500,000 each year is
for a grant to Ramsey County to provide job training and workforce development
for underserved communities. Grant money
may be subgranted to Milestone Community Development for the Milestone Tech
program. This is a onetime
appropriation.
(ccc) $500,000 each year is
for a grant to Ramsey County for a technology training pathway program focused
on intergenerational community tech work for residents who are at least 18
years old and no more than 24 years old and who live in a census tract that has
a poverty rate of at least 20 percent as reported in the most recently
completed decennial census published by the United States Bureau of the Census. Grant money may be used for program
administration, training, training stipends, wages, and support services. This is a onetime appropriation.
(ddd) $200,000 each year is
for a grant to Project Restore Minnesota for the Social Kitchen project, a
pathway program for careers in the culinary arts. This is a onetime appropriation and is
available until June 30, 2027.
(eee) $100,000 each year is for
grants to the Minnesota Grocers Association Foundation for Carts to Careers, a
statewide initiative to promote careers, conduct outreach, provide job skills
training, and award scholarships for students pursuing careers in the food
industry. This is a onetime
appropriation.
(fff) $1,200,000 each year
is for a grant to Twin Cities R!SE. Of
this amount, $700,000 each year is for performance grants under Minnesota
Statutes, section 116J.8747, to Twin Cities R!SE to provide training to
individuals facing barriers to employment; and $500,000 each year is to
increase the capacity of the Empowerment Institute through employer
partnerships across Minnesota and expansion of the youth personal empowerment
curriculum. This is a onetime
appropriation and available until June 30, 2026.
(ggg) $750,000 each year is
for a grant to Bridges to Healthcare to provide career education, wraparound
support services, and job skills training in high-demand health care fields to
low-income parents, nonnative speakers of English, and other hard-to-train
individuals, helping families build secure pathways out of poverty while also
addressing worker shortages in one of Minnesota's most innovative industries. Grants may be used for program expenses,
including but not limited to hiring instructors and navigators; space rental;
and supportive services to help participants attend classes, including
assistance with course fees, child care, transportation, and safe and stable
housing. In addition, up to five percent
of grant money may be used for Bridges to Healthcare's administrative costs. This is a onetime appropriation.
(hhh) $500,000 each year is
for a grant to Big Brothers Big Sisters of the Greater Twin Cities to provide
disadvantaged youth ages 12 to 21 with job-seeking skills, connections to job
training and education opportunities, and mentorship while exploring careers. The grant shall serve youth in the Big
Brothers Big Sisters chapters in the Twin Cities, central Minnesota, and
southern Minnesota. This is a onetime
appropriation.
(iii) $3,000,000 each year
is for a grant to Youthprise to provide economic development services designed
to enhance long‑term economic self-sufficiency in communities with
concentrated African populations statewide.
Of these amounts, 50 percent is for subgrants to Ka Joog and 50 percent
is for competitive subgrants to community organizations. This is a onetime appropriation.
(jjj) $350,000 each year is
for a grant to the YWCA Minneapolis to provide training to eligible
individuals, including job skills training, career counseling, and job
placement assistance necessary to secure a child development associate
credential and to have a career path in early education. This is a onetime appropriation.
(kkk) $500,000 each year is for
a grant to Emerge Community Development to support and reinforce critical
workforce training at the Emerge Career and Technical Center, Cedar Riverside
Opportunity Center, and Emerge Second Chance programs in the city of Minneapolis. This is a onetime appropriation.
(lll) $425,000 each year is
for a grant to Better Futures Minnesota to provide job skills training to
individuals who have been released from incarceration for a felony-level
offense and are no more than 12 months from the date of release. This is a onetime appropriation.
Better Futures Minnesota
shall annually report to the commissioner on how the money was spent and what
results were achieved. The report must
include, at a minimum, information and data about the number of participants;
participant homelessness, employment, recidivism, and child support compliance;
and job skills training provided to program participants.
(mmm) $500,000 each year is
for a grant to Pillsbury United Communities to provide job training and
workforce development services for underserved communities. This is a onetime appropriation.
(nnn) $500,000 each year is
for a grant to Project for Pride in Living for job training and workforce
development services for underserved communities. This is a onetime appropriation.
(ooo) $300,000 each year is
for a grant to YMCA of the North to provide career exploration, job training,
and workforce development services for underserved youth and young adults. This is a onetime appropriation.
(ppp) $500,000 each year is
for a grant to Al Maa'uun, formerly the North at Work program, for a strategic
intervention program designed to target and connect program participants to
meaningful, sustainable living wage employment.
This is a onetime appropriation.
(qqq) $500,000 each year is
for a grant to CAIRO to provide workforce development services in health care,
technology, and transportation (CDL) industries. This is a onetime appropriation.
(rrr) $500,000 each year is
for a grant to the Central Minnesota Community Empowerment Organization for
providing services to relieve economic disparities in the African immigrant
community through workforce recruitment, development, job creation, assistance
of smaller organizations to increase capacity, and outreach. Of this amount, up to five percent is for
administration and monitoring of the program.
This is a onetime appropriation.
(sss) $270,000 each year is for
a grant to the Stairstep Foundation for community-based workforce development
efforts. This is a onetime
appropriation.
(ttt) $400,000 each year is
for a grant to Building Strong Communities, Inc, for a statewide apprenticeship
readiness program to prepare women, BIPOC community members, and veterans to
enter the building and construction trades.
This is a onetime appropriation.
(uuu) $150,000 each year is
for prevailing wage staff under Minnesota Statutes, section 116J.871,
subdivision 2.
(vvv) $250,000 each year is
for the purpose of awarding a grant to Minnesota Community of African People
with Disabilities (MNCAPD), Roots Connect, and Fortune Relief and Youth
Empowerment Organization (FRAYEO). This
is a onetime appropriation. MNCAPD,
Roots Connect, and FRAYEO must use grant proceeds to provide funding for
workforce development activities for at-risk youth from low-income families and
unengaged young adults experiencing disabilities, including:
(1) job readiness training
for at-risk youth, including resume building, interview skills, and job search
strategies;
(2) on-the-job training
opportunities with local businesses;
(3) support services such as transportation assistance and child care to help youth attend job training programs; and
(4) mentorship and
networking opportunities to connect youth with professionals in the youth's
desired fields.
(www)(1) $250,000 each year
is for a grant to Greater Rochester Advocates for Universities and Colleges
(GRAUC), a collaborative organization representing health care, business,
workforce development, and higher education institutions, for expenses relating
to starting up a state-of-the-art simulation center for training health care
workers in southeast Minnesota. Once
established, this center must be self-sustaining through user fees. Eligible expenses include leasing costs,
developing and providing training, and operational costs. This is a onetime appropriation.
(2) By January 15, 2025,
GRAUC must submit a report, including an independent financial audit of the use
of grant money, to the chairs and ranking minority members of the legislative
committees having jurisdiction over higher education and economic development. This report must include details on the
training provided at the simulation center, including the names of all
organizations that use the center for training, the number of individuals each
organization trained, and the type of training provided.
(xxx)(1) $350,000 each year is
for a grant to the Minnesota Association of Black Lawyers for a pilot program
supporting black undergraduate students pursuing admission to law school. This is a onetime appropriation.
(2) The program must:
(i) enroll an initial
cohort of ten to 20 black Minnesota resident students attending a baccalaureate
degree-granting postsecondary institution in Minnesota full time;
(ii) support each of the
program's students with an academic scholarship in the amount of $4,000 per
academic year;
(iii) organize events and
programming, including but not limited to one-on-one mentoring, to familiarize
enrolled students with law school and legal careers; and
(iv) provide the program's
students free test preparation materials, academic support, and registration
for the Law School Admission Test (LSAT) examination.
(3) The Minnesota
Association of Black Lawyers may use grant funds under clause (1) for costs
related to:
(i) student scholarships;
(ii) academic events and
programming, including food and transportation costs for students;
(iii) LSAT preparation
materials, courses, and registrations; and
(iv) hiring staff for the
program.
(4) By January 30, 2024,
and again by January 30, 2025, the Minnesota Association of Black Lawyers must
submit a report to the commissioner and to the chairs and ranking minority
members of legislative committees with jurisdiction over workforce development
finance and policy and higher education finance and policy. The report must include an accurate and
detailed account of the pilot program, its outcomes, and its revenues and
expenses, including the use of all state funds appropriated in clause (1).
(yyy) $2,000,000 the first
year is for a grant to the Power of People Leadership Institute (POPLI) to
expand pre- and post‑release personal development and leadership training
and community reintegration services, to reduce recidivism, and increase access
to employment. This is a onetime
appropriation and is available until June 30, 2025.
(zzz) $500,000 the first year
is to the Legislative Coordinating Commission for the Working Group on Youth
Interventions. This is a onetime
appropriation.
Subd. 4. General
Support Services |
|
18,045,000 |
|
8,045,000 |
Appropriations by Fund |
||
|
2024 |
2025 |
General Fund |
17,950,000 |
7,950,000 |
Workforce Development |
95,000 |
95,000 |
(a) $1,269,000 each year is
for transfer to the Minnesota Housing Finance Agency for operating the Olmstead
Compliance Office.
(b) $10,000,000 the first
year is for the workforce digital transformation projects. This appropriation is onetime and is
available until June 30, 2027.
Subd. 5. Minnesota
Trade Office |
|
$2,242,000 |
|
$2,242,000 |
(a) $300,000 each year is
for the STEP grants in Minnesota Statutes, section 116J.979.
(b) $180,000 each year is
for the Invest Minnesota marketing initiative under Minnesota Statutes, section
116J.9781.
(c) $270,000 each year is
for the Minnesota Trade Offices under Minnesota Statutes, section 116J.978.
Subd. 6. Vocational
Rehabilitation |
|
45,691,000 |
|
45,691,000 |
Appropriations by Fund |
||
|
2024 |
2025 |
General |
37,861,000 |
37,861,000 |
Workforce Development |
7,830,000 |
7,830,000 |
(a) $14,300,000 each year
is for the state's vocational rehabilitation program under Minnesota Statutes,
chapter 268A.
(b) $11,495,000 each year
from the general fund and $6,830,000 each year from the workforce development
fund are for extended employment services for persons with severe disabilities
under Minnesota Statutes, section 268A.15.
Of the amounts appropriated from the general fund, $4,500,000 each year
is for maintaining prior rate increases to providers of extended employment
services for persons with severe disabilities under Minnesota Statutes, section
268A.15.
(c) $5,055,000 each year is for
grants to programs that provide employment support services to persons with
mental illness under Minnesota Statutes, sections 268A.13 and 268A.14. The base for this appropriation is $2,555,000
in fiscal year 2026 and each year thereafter.
(d) $7,011,000 each year is
for grants to centers for independent living under Minnesota Statutes, section 268A.11. This appropriation is available until June
30, 2027. The base for this
appropriation is $3,011,000 in fiscal year 2026 and each year thereafter.
(e) $1,000,000 each year is
from the workforce development fund for grants under Minnesota Statutes,
section 268A.16, for employment services for persons, including transition-age
youth, who are deaf, deafblind, or hard-of-hearing. If the amount in the first year is
insufficient, the amount in the second year is available in the first year.
Subd. 7. Services
for the Blind |
|
10,425,000 |
|
10,425,000 |
(a) $500,000 each year is
for senior citizens who are becoming blind.
At least one-half of the money for this purpose must be used to provide
training services for seniors who are becoming blind. Training services must provide independent
living skills to seniors who are becoming blind to allow them to continue to
live independently in their homes.
(b) $2,000,000 each year is
for the employer reasonable accommodation fund.
This is a onetime appropriation.
Sec. 3. EXPLORE
MINNESOTA TOURISM |
|
$40,954,000 |
|
$21,369,000 |
(a) $500,000 each year must
be matched from nonstate sources to develop maximum private sector involvement
in tourism. Each $1 of state incentive
must be matched with $6 of private sector money. "Matched" means revenue to the
state or documented in‑kind, soft match, or cash expenditures directly
expended to support Explore Minnesota Tourism under Minnesota Statutes, section
116U.05. The incentive in fiscal year
2024 is based on fiscal year 2023 private sector contributions. The incentive in fiscal year 2025 is based on
fiscal year 2024 private sector contributions.
This incentive is ongoing.
(b) $11,000,000 the first
year is for the development of Explore Minnesota for Business under Minnesota
Statutes, section 116U.07, to market the overall livability and economic
opportunities of Minnesota. This is a
onetime appropriation.
(c) $5,500,000 each year is
for the development of new initiatives for Explore Minnesota Tourism. If the amount in the first year is
insufficient, the amount in the second year is available in the first year. This is a onetime appropriation.
(d) $6,047,000 the first year
and $600,000 the second year is for grants for infrastructure and associated
costs for cultural festivals and events, including but not limited to buildout,
permits, sanitation and maintenance services, transportation, staffing, event
programming, public safety, facilities and equipment rentals, signage, and
insurance. This is a onetime
appropriation. Of this amount:
(1) $1,847,000 the first
year is for a grant to the Minneapolis Downtown Council for the Taste of
Minnesota event;
(2) $1,200,000 the first
year is for a grant to the Stairstep Foundation for African American cultural
festivals and events;
(3) $1,200,000 the first
year is for grants for Somali community and cultural festivals and events,
including festivals and events in greater Minnesota, as follows:
(i) $400,000 is for a grant
to Ka Joog;
(ii) $400,000 is for a grant to the Somali Museum of Minnesota; and
(iii) $400,000 is for a
grant to ESHARA;
(4) $1,200,000 the first
year is for a grant to West Side Boosters for Latino cultural festivals and
events; and
(5) $600,000 the first year
and $600,000 the second year are for grants to the United Hmong Family, Inc. for
the Hmong International Freedom Festival event.
(e) Money for marketing
grants is available either year of the biennium. Unexpended grant money from the first year is
available in the second year.
(f) The base for Explore
Minnesota is $17,023,000 from the general fund in fiscal year 2026 and each
year thereafter.
Sec. 4. Laws 2021, First Special Session chapter 4, article 2, section 2, subdivision 1, is amended to read:
Subdivision 1. Clean Energy Career Training Pilot Project |
|
|
|
$2,500,000 the first year is
for a grant to Northgate Development, LLC, for a pilot project under article 8,
section 30, to provide training pathways into careers in the clean energy
sector for students and young adults in underserved communities. Any unexpended funds remaining at the end of the
biennium fiscal year 2024 cancel to the renewable development
account. This is a onetime appropriation
and is available until June 30, 2024.
EFFECTIVE DATE. This
section is effective retroactively from July 1, 2021.
ARTICLE 21
MINNESOTA FORWARD
Section 1. [116J.8752]
MINNESOTA FORWARD FUND.
Subdivision 1. Definitions. (a) For purposes of this section, the
terms in this subdivision have the meanings given.
(b)
"Agreement" or "business subsidy agreement" means a
business subsidy agreement under section 116J.994 that must include but is not
limited to the specification of the duration of the agreement, job goals and a
timeline for achieving those goals over the duration of the agreement,
construction and other investment goals and a timeline for achieving those
goals over the duration of the agreement, and the value of benefits the firm
may receive following achievement of capital investment and employment goals.
(c) "Business"
means an individual, corporation, partnership, limited liability company,
association, or other business entity.
(d) "Capital
investment" means money that is expended for the purpose of building or
improving real fixed property where employees are or will be employed,
equipment and machinery in the building, and operating expenses related to the
building.
(e)
"Commissioner" means the commissioner of employment and economic
development.
(f) "Fund"
means the Minnesota forward fund account.
Subd. 2. Purpose. The Minnesota forward fund account is
created to increase the state's competitiveness by providing the state the
authority and flexibility to facilitate private investment. The fund serves as a closing fund to allow
the authority and flexibility to negotiate incentives to better compete with
other states for business retention, expansion and attraction of projects in
existing and new industries, develop properties for business use, and leverage
to meet matching requirements of federal funding for resiliency in economic
security and economic enhancement opportunities that provide the public
high-quality employment opportunities.
Subd. 3. Minnesota
forward fund account. (a) The
Minnesota forward fund account is created as a separate account in the treasury. Except as otherwise appropriated in law,
money in the account is appropriated to the commissioner of employment and
economic development for the purposes of this section. All money earned by the account, loan
repayments of principal, and interest must be credited to the account and
remain available until expended.
(b) The commissioner
shall use the fund to:
(1) create and retain
permanent private-sector jobs in order to create above-average economic growth
consistent with environmental protection;
(2) stimulate or
leverage private investment to ensure economic renewal and competitiveness;
(3) increase the local tax base, based on demonstrated measurable
outcomes, to guarantee a diversified industry mix;
(4) improve the quality
of existing jobs, based on increases in wages or improvements in the job
duties, training, or education associated with those jobs;
(5) improve employment and
economic opportunity for residents in the region to create a reasonable
standard of living, consistent with federal and state guidelines on low- to
moderate-income persons;
(6) stimulate
productivity growth through improved manufacturing or new technologies; and
(7) match or leverage
private or public funding to increase investment and opportunity in the state.
Subd. 4. Use
of fund. (a) The commissioner
may use money in the Minnesota forward fund account to make grants and loans to
businesses that are making large private capital investments in existing and
new industries. The commissioner may
also use money in the fund to make grants to communities and higher education
institutions to support such capital investments and related activities to
support the industries. Money may be
used to address capital needs of businesses for machinery and equipment
purchases; building construction and remodeling; land development; water and
sewer lines, roads, rail lines, and natural gas and electric infrastructure;
working capital. Money in the fund may
also be used for administration and monitoring of the program and to pay for
the costs of carrying out the commissioner's due diligence duties under this
section.
(b) The commissioner may
use money in the fund to make grants to a municipality or local unit of
government for public and private infrastructure needed to support an eligible
project under this section. Grant money
may be used by the municipality or local unit of government to predesign,
design, construct, and equip roads and rail lines; acquire and prepare land for
development; and, in cooperation with municipal utilities, to predesign,
design, construct, and equip natural gas pipelines, electric infrastructure,
water supply systems, and wastewater collection and treatment systems. The maximum grant award per local unit of
government under this section is $7,500,000 or no more than 50 percent of the
total infrastructure project.
Subd. 5. Grant
limits. Individual business
expansion projects are limited to no more than $15,000,000 in grants or loans
combined. The commissioner shall not be
precluded from using other funding sources from the Department of Employment
and Economic Development to facilitate a project. Total funding per business under this section
shall not exceed $15,000,000, of which no more than $10,000,000 may be grants. Grants under this subdivision are available
until expended.
Subd. 6. Administration. (a) Eligible applicants for the
state-funded portion of the fund also include development authorities as
defined in section 116J.552, subdivision 4, provided that the governing body of
the municipality approves, by resolution, the application of the development
authority. Institutions of higher
education also constitute eligible applicants for the purpose of developing and
deploying workforce training programs and for developing and deploying research
and development partnerships for projects eligible under this section.
(b) The business,
municipality, or local unit of government must request and submit an
application to the commissioner. Applications
must be in the form and procedure specified by the commissioner.
(c) The commissioner must
conduct due diligence, including contracting with professionals as needed to
assist in the due diligence.
(d) Notwithstanding any
other law to the contrary, grant and loan agreements through the Minnesota
forward fund account may exceed five years but not more than ten years.
Subd. 7. Requirements
for fund disbursements. Disbursements
of loan funds pursuant to a commitment may not be made until:
(1) commitments for the
remainder of a project's funding are made that are satisfactory to the
commissioner and disbursements made from the
other commitments are sufficient to protect the interests of the state in its
grant or loan;
(2) performance
requirements are met, if any;
(3) the municipality or local
unit of government in which the project will be located has passed a resolution
of support for the project and submitted this resolution of support to the
department; and
(4) all of a project's
funding is satisfactory to the commissioner and disbursements made from other
commitments are sufficient to protect the interests of the state.
Subd. 8. Report. The municipality, local unit of
government, or business must report to the commissioner on the business
performance using the forms developed by the commissioner.
Subd. 9. Reporting. The commissioner shall provide the
Legislative Advisory Commission and the ranking members of the committees with
jurisdiction over economic development with an annual report on all projects
that have been approved by February 15 of each year until this section is
repealed or the funding has been exhausted.
Sec. 2. [216C.441]
MINNESOTA CLIMATE INNOVATION FINANCE AUTHORITY.
Subdivision 1. Establishment;
purpose. (a) There is created
a public body corporate and politic to be known as the "Minnesota Climate
Innovation Finance Authority," whose purpose is to accelerate the
deployment of clean energy projects, greenhouse gas emissions reduction
projects, and other qualified projects through the strategic deployment of
public funds in the form of grants, loans, credit enhancements, and other
financing mechanisms in order to leverage existing public and private sources
of capital to reduce the upfront and total cost of qualified projects and to
overcome financial barriers to project adoption, especially in low-income
communities.
(b) The goals of the
authority include but are not limited to:
(1) reducing Minnesota's
contributions to climate change by accelerating the deployment of clean energy
projects;
(2) ensuring that all
Minnesotans share the benefits of clean and renewable energy and the
opportunity to fully participate in the clean energy economy by promoting:
(i) the creation of
clean energy jobs for Minnesota workers, particularly in environmental justice
communities and communities in which fossil fuel electric generating plants are
retiring; and
(ii) the principles of
environmental justice in the authority's operations and funding decisions; and
(3) maintaining energy
reliability while reducing the economic burden of energy costs, especially on
low-income households.
Subd. 2. Definitions. (a) For the purposes of this section,
the following terms have the meanings given.
(b) "Authority"
means the Minnesota Climate Innovation Finance Authority.
(c) "Board"
means the Minnesota Climate Innovation Finance Authority's board of directors
established in subdivision 10.
(d) "Clean energy
project" has the meaning given to "qualified project" in
paragraph (n), clauses (1) to (7).
(e) "Community
navigator" means an organization that works to facilitate access to clean
energy project financing by individuals and community groups.
(f) "Credit
enhancement" means a pool of capital set aside to cover potential losses
on loans and other investments made by financing entities, including a pool for
multistate projects provided that benefits to Minnesota outweigh any contribution
from the authority at least two to one. Credit
enhancement includes but is not limited to loan loss reserves and loan
guarantees.
(g) "Energy storage
system" has the meaning given in section 216B.2422, subdivision 1,
paragraph (f).
(h) "Environmental
justice" means that:
(1) communities of
color, Indigenous communities, and low-income communities have a healthy
environment and are treated fairly when environmental statutes, rules, and
policies are developed, adopted, implemented, and enforced; and
(2) in all decisions
that have the potential to affect the environment of an environmental justice
community or the public health of an environmental justice community's
residents, due consideration is given to the history of the area's and the
area's residents' cumulative exposure to pollutants and to any current
socioeconomic conditions that increase the physical sensitivity of the area's
residents to additional exposure to pollutants.
(i) "Environmental
justice community" means a community in Minnesota that:
(1) is defined as a
disadvantaged community by the federal source of funding accessed by the
authority under this act; or
(2) based on the most
recent data published by the United States Census Bureau, meets one or more of
the following criteria:
(i) 40 percent or more
of the community's total population is nonwhite;
(ii) 35 percent or more
of households in the community have an income that is at or below 200 percent
of the federal poverty level;
(iii) 40 percent or more
of the community's residents over the age of five have limited English
proficiency; or
(iv) the community is
located within Indian country, as defined in United States Code, title 18,
section 1151.
(j) "Greenhouse gas
emissions" means emissions of carbon dioxide, methane, nitrous oxide,
hydrofluorocarbons, perfluorocarbons, and sulfur hexafluoride emitted by
anthropogenic sources.
(k) "Loan loss
reserve" means a pool of capital set aside to reimburse a private lender
if a customer defaults on a loan, up to an agreed-upon percentage of loans
originated by the private lender.
(l) "Microgrid
system" means an electrical grid that:
(1) serves a discrete
geographical area from distributed energy resources; and
(2) can operate
independently from the central electric grid on a temporary basis.
(m) "Project labor
agreement" means a prehire collective bargaining agreement with a council
of building and construction trades labor organizations (1) prohibiting
strikes, lockouts, and similar disruptions, and (2) providing for a binding
procedure to resolve labor disputes on the project.
(n) "Qualified
project" means a project, technology, product, service, or measure
promoting energy efficiency, clean energy, electrification, or water
conservation and quality that:
(1) substantially reduces greenhouse gas emissions;
(2) reduces energy use
without diminishing the level of service;
(3) increases the
deployment of renewable energy projects, energy storage systems, district
heating, smart grid technologies, or microgrid systems;
(4) replaces existing
fossil-fuel-based technology with an end-use electric technology;
(5) supports the
development and deployment of electric vehicle charging stations and associated
infrastructure, electric buses, and electric fleet vehicles;
(6) reduces water use or
protects, restores, or preserves the quality of surface waters; or
(7) incentivizes
customers to shift demand in response to changes in the price of electricity or
when system reliability is not jeopardized.
(o) "Renewable
energy" has the meaning given in section 216B.1691, subdivision 1,
paragraph (c), clauses (1), (2), and (4), and includes fuel cells generated
from renewable energy.
(p)
"Securitization" means the conversion of an asset composed of
individual loans into marketable securities.
(q) "Smart
grid" means a digital technology that:
(1) allows for two-way
communication between a utility and the utility's customers; and
(2) enables the utility
to control power flow and load in real time.
Subd. 3. General
powers. (a) For the purpose
of exercising the specific powers granted in this section, the authority has
the general powers granted in this subdivision.
(b) The authority may:
(1) hire an executive director and staff to conduct the authority's operations;
(2) sue and be sued;
(3) have a seal and
alter the seal;
(4) acquire, hold,
lease, manage, and dispose of real or personal property for the authority's
corporate purposes;
(5) enter into
agreements, including cooperative financing agreements, contracts, or other
transactions, with a Tribal government, any federal or state agency, county,
local unit of government, regional development commission, person, domestic or
foreign partnership, corporation, association, or organization;
(6) acquire by purchase
real property, or an interest therein, in the authority's own name where
acquisition is necessary or appropriate;
(7) provide general technical
and consultative services related to the authority's purpose;
(8) promote research and
development in matters related to the authority's purpose;
(9) conduct market
analysis to determine where the market is underserved;
(10) analyze greenhouse
gas emissions reduction project financing needs in the state and recommend
measures to alleviate any shortage of financing capacity;
(11) contract with any
governmental or private agency or organization, legal counsel, financial
advisor, investment banker, or others to assist in the exercise of the
authority's powers;
(12) enter into
agreements with qualified lenders or others insuring or guaranteeing to the
state the payment of qualified loans or other financing instruments; and
(13) accept on behalf of
the state any gift, grant, or interest in money or personal property tendered
to the state for any purpose pertaining to the authority's activities.
Subd. 4. Authority
duties. (a) The authority
must:
(1) serve as a financial
resource to reduce the upfront and total costs of implementing qualified
projects;
(2) ensure that all
financed projects reduce greenhouse gas emissions;
(3) ensure that
financing terms and conditions offered are well-suited to qualified projects;
(4) strategically
prioritize the use of the authority's funds to leverage private investment in
qualified projects, with the aim of achieving a high ratio of private to public
money invested through funding mechanisms that support, enhance, and complement
private lending and investment;
(5) coordinate with
existing federal, state, local, utility, and other programs to ensure that the
authority's resources are being used most effectively to add to and complement
those programs;
(6) stimulate demand for
qualified projects by:
(i) contracting with the
department to provide, including through subcontracts with community
navigators, information to project participants about federal, state, local,
utility, and other authority financial assistance for qualifying projects, and
technical information on energy conservation and renewable energy measures;
(ii) forming
partnerships with contractors and informing contractors about the authority's
financing programs;
(iii) developing
innovative marketing strategies to stimulate project owner interest, especially
in underserved communities; and
(iv) incentivizing
financing entities to increase activity in underserved markets;
(7) finance projects in all regions of the state;
(8) develop participant
eligibility standards and other terms and conditions for financial support
provided by the authority;
(9) develop and administer:
(i) policies to collect
reasonable fees for authority services; and
(ii) risk management
activities to support ongoing authority activities;
(10) develop consumer
protection standards governing the authority's investments to ensure that
financial support is provided responsibly and transparently and is in the
financial interest of participating project owners;
(11) develop methods to accurately measure the impact of the authority's activities, particularly on low-income communities and on greenhouse gas emissions reductions;
(12) hire an executive
director and sufficient staff with the appropriate skills and qualifications to
carry out the authority's programs, making an affirmative effort to recruit and
hire a director and staff who are from, or share the interests of, the communities
the authority must serve;
(13) apply for, either
as a direct or subgrantee applicant, and accept Greenhouse Gas Reduction Fund
grants authorized by the federal Clean Air Act, United States Code, title 42,
section 7434, paragraph (a), clauses (1), (2), and (3). Until the Climate Innovation Finance
Authority is established, the commissioner shall apply for and receive funding
through Public Law 117-169 in order to leverage state investment, on behalf of
the authority. To the extent
practicable, applications for these funds by or on behalf of the authority
should be made in coordination with other Minnesota applicants;
(14) acting under its
powers as a state energy financing institution under United States Code, title
42, section 16511, collaborate with the United States Department of Energy Loan
Programs Office to ensure that authorities made available under the Inflation
Reduction Act of 2022, Public Law 117-169, maximally benefit Minnesotans. Until the Climate Innovation Finance
Authority is established, the commissioner may engage with the United States
Department of Energy Loan Progams Office on behalf of the authority; and
(15) ensure that
authority contracts with all third-party administrators, contractors, and
subcontractors contain required covenants, representations, and warranties
specifying that contracted third parties are agents of the authority and that
all acts of contracted third parties are considered acts of the authority,
provided that the act is within the contracted scope of work.
(b) The authority may:
(1) employ credit
enhancement mechanisms that reduce financial risk for financing entities by
providing assurance that a limited portion of a loan or other financial
instrument is assumed by the authority via a loan loss reserve, loan guarantee,
or other mechanism;
(2) co-invest in a
qualified project by providing senior or subordinated debt, equity, or other
mechanisms in conjunction with other investment, co-lending, or financing;
(3) aggregate small and geographically dispersed qualified projects in order to diversify risk or secure additional private investment through securitization or similar resale of the authority's interest in a completed qualified project;
(4) expend up to 25
percent of funds appropriated to the authority for start-up purposes, which may
be used for financing programs and project investments authorized under this
section, prior to adoption of the strategic plan required under subdivision 7
and the investment strategy under subdivision 8; and
(5) require a specific project
to agree to implement a project labor agreement as a condition of receiving
financing from the authority.
Subd. 5. Limitations. The authority must not provide loans
to a single entity in an amount less than $250,000.
Subd. 6. Authority
lending practices; labor and consumer protection standards. (a) In determining the projects in
which the authority will participate, the authority must give preference to
projects that:
(1) maximize the
creation of high-quality employment and apprenticeship opportunities for local
workers, consistent with the public interest, especially workers from
environmental justice communities, labor organizations, and Minnesota
communities hosting retired or retiring electric generation facilities,
including workers previously employed at retiring facilities;
(2) utilize energy technologies produced domestically that received an advanced manufacturing tax credit under section 45X of the Internal Revenue Code, as allowed under the federal Inflation Reduction Act of 2022, Public Law 117-169;
(3) certify, for all
contractors and subcontractors, that the rights of workers to organize and
unionize are recognized; and
(4) agree to implement a
project labor agreement.
(b) The authority must
require, for all projects for which the authority provides financing, that:
(1) if the budget is
$100,000 or more, all contractors and subcontractors:
(i) must pay no less
than the prevailing wage rate, as defined in section 177.42, subdivision 6; and
(ii) are subject to the
requirements and enforcement provisions under sections 177.27, 177.30, 177.32,
177.41 to 177.43, and 177.45, including the posting of prevailing wage rates,
prevailing hours of labor, and hourly basic rates of pay for all trades on the
project in at least one conspicuous location at the project site;
(2) financing is not offered without first ensuring that the
participants meet the authority's underwriting criteria; and
(3) any loan made to a
homeowner for a project on the homeowner's residence complies with section
47.59 and the following federal laws:
(i) the Truth in Lending
Act, United States Code, title 15, section 1601 et seq.;
(ii) the Fair Credit
Reporting Act, United States Code, title 15, section 1681;
(iii) the Equal Credit
Opportunity Act, United States Code, title 15, section 1691 et seq.; and
(iv) the Fair Debt
Collection Practices Act, United States Code, title 15, section 1692.
(c) The authority and
any third-party administrator, contractor, subcontractor, or agent that
conducts lending, financing, investment, marketing, administration, servicing,
or installation of measures in connection with a qualified project financed in
whole or in part with authority funds is subject to sections 325D.43 to
325D.48; 325F.67 to 325F.71; 325G.06 to 325G.14; 325G.29 to 325G.37; and
332.37.
(d) For the purposes of this
section, "local workers" means Minnesota residents who permanently
reside within 150 miles of the location of a proposed project in which the
authority is considering to participate.
Subd. 7. Strategic
plan. (a) By December 15,
2024, and each December 15 in even-numbered years thereafter, the authority
must develop and adopt a strategic plan that prioritizes the authority's
activities over the next two years. A
strategic plan must:
(1) identify targeted
underserved markets for qualified projects in Minnesota;
(2) develop specific
programs to overcome market impediments through access to authority financing
and technical assistance; and
(3) develop outreach and
marketing strategies designed to make potential project developers,
participants, and communities aware of financing and technical assistance
available from the authority, including the deployment of community navigators.
(b) Elements of the
strategic plan must be informed by the authority's analysis of the market for
qualified projects, and by the authority's experience under the previous
strategic plan, including the degree to which performance targets were or were
not achieved by each financing program. In
addition, the authority must actively seek input regarding activities that
should be included in the strategic plan from stakeholders, environmental
justice communities, the general public, and participants, including via
meetings required under subdivision 9.
(c) The authority must
establish annual targets in a strategic plan for each financing program
regarding the number of projects, level of authority investments, greenhouse
gas emissions reductions, and installed generating capacity or energy savings
the authority hopes to achieve, including separate targets for authority
activities undertaken in environmental justice communities.
(d) The authority's
targets and strategies must be designed to ensure that no less than 40 percent
of the direct benefits of authority activities flow to environmental justice
communities as defined under subdivision 2, by the United States Department of
Energy, or as modified by the department.
Subd. 8. Investment
strategy; content; process. (a)
No later than December 15, 2024, and every four years thereafter, the authority
must adopt a long-term investment strategy to ensure the authority's paramount
goal to reduce greenhouse gas emissions is reflected in all of the authority's
operations. The investment strategy must
address:
(1) the types of
qualified projects the authority should focus on;
(2) gaps in current
qualified project financing that present the greatest opportunities for
successful action by the authority;
(3) how the authority
can best position itself to maximize its impact without displacing,
subsidizing, or assuming risk that should be shared with financing entities;
(4) financing tools that
will be most effective in achieving the authority's goals;
(5) partnerships the
authority should establish with other organizations to increase the likelihood
of success; and
(6) how values of
equity, environmental justice, and geographic balance can be integrated into
all investment operations of the authority.
(b) In developing an investment
strategy, the authority must consult, at a minimum, with similar organizations
in other states, lending authorities, state agencies, utilities, environmental
and energy policy nonprofits, labor organizations, and other organizations that
can provide valuable advice on the authority's activities.
(c) The long-term
investment strategy must contain provisions ensuring that:
(1) authority
investments are not made solely to reduce private risk; and
(2) private financing
entities do not unilaterally control the terms of investments to which the
authority is a party.
(d) The board must
submit a draft long-term investment strategy for comment to each of the groups
and individuals the board consults under paragraph (b) and to the chairs and
ranking minority members of the senate and house of representatives committees with
primary jurisdiction over energy finance and policy, and must post the draft
strategy on the authority's website. The
authority must accept written comments on the draft strategy for at least 30
days and must consider the comments in preparing the final long-term investment
strategy.
Subd. 9. Public
communications and outreach. The
authority must:
(1) maintain a public
website that provides information about the authority's operations, current
financing programs, and practices, including rates, terms, and conditions; the
number and amount of investments by project type; the number of jobs created;
the financing application process; and other information;
(2) periodically issue
an electronic newsletter to stakeholders and the public containing information
on the authority's products, programs, and services and key authority events
and decisions; and
(3) hold quarterly
meetings accessible online to update the general public on the authority's
activities, report progress being made in regard to the authority's strategic
plan and long-term investment strategy, and invite audience questions regarding
authority programs.
Subd. 10. Board
of directors. (a) The
Minnesota Climate Innovation Finance Authority Board of Directors shall consist
of the following 13 members:
(1) the commissioner of
commerce, or the commissioner's designee;
(2) the commissioner of
labor and industry, or the commissioner's designee;
(3) the commissioner of
the Minnesota Pollution Control Agency, or the commissioner's designee;
(4) the commissioner of
employment and economic development, or the commissioner's designee;
(5) the commissioner of
the Minnesota Housing Finance Agency, or the commissioner's designee;
(6) the chair of the
Minnesota Indian Affairs Council, or the chair's designee; and
(7) seven additional
members appointed by the governor, as follows:
(i) one member
representing either a municipal electric utility or a cooperative electric
association;
(ii) one member,
appointed after the governor consults with labor organizations in the state,
must be a representative of a labor union with experience working on clean
energy projects;
(iii) one member with expertise in the impact of climate change on Minnesota communities, particularly low‑income communities;
(iv) one member with
expertise in financing projects at a community bank, credit union, community
development institution, or local government;
(v) one member with
expertise in sustainable development and energy conservation;
(vi) one member with
expertise in environmental justice; and
(vii) one member with
expertise in investment fund management or financing and deploying clean energy
technologies.
(b) At least two members
appointed to the board must permanently reside outside the metropolitan area,
as defined in section 473.121, subdivision 2.
The board must collectively reflect the geographic and ethnic diversity
of the state.
(c) Board members
appointed under paragraph (a), clause (6), shall serve a term of four years,
except that the initial appointments made under clause (6), items (i) to (iii),
shall be for two-year terms, and the initial appointments made under clause (6),
items (iv) to (vi), shall be for three-year terms.
(d) Members appointed to
the board must:
(1) provide evidence of a
commitment to the authority's purposes and goals; and
(2) not hold any personal
or professional conflicts of interest related to the authority's activities,
including with respect to the member's financial investments and employment or
the financial investments and employment of the member's immediate family
members.
(e) The governor must
make the appointments required under this section no later than October 1,
2023.
(f) The initial meeting
of the board of directors must be held no later than November 17, 2023. At the initial meeting, the board shall elect
a chair and vice-chair by majority vote of the members present.
(g) The authority shall
contract with the department to provide administrative and technical services
to the board and to prospective borrowers, especially those serving or located
in environmental justice communities.
(h) Compensation of board
members, removal of members, and filling of vacancies are governed by section
15.0575.
(i) Board members may be
reappointed for up to two full terms.
(j) A majority of board
members, excluding vacancies, constitutes a quorum for the purpose of
conducting business and exercising powers, and for all other purposes. Action may be taken by the authority upon a
vote of a majority of the quorum present.
(k) Board members and
officers are not personally liable, either jointly or severally, for any debt
or obligation created or incurred by the authority.
Subd. 11. Account
established. (a) The
Minnesota climate innovation authority account is established as a separate
account in the special revenue fund in the state treasury. The authority's board of directors shall
credit to the account appropriations and transfers to the account. Earnings, including interest, dividends, and
any other
earnings arising from assets of
the account, must be credited to the account.
Money remaining in the account at the end of a fiscal year does not
cancel to the general fund, but remains in the account until expended. The authority's board of directors shall
manage the account.
(b) Money in the account
is appropriated to the board of directors of the Minnesota Climate Innovation
Finance Authority for the purposes of this section and to reimburse the
reasonable costs of the authority to administer this section.
Subd. 12. Report;
audit. Beginning February 1,
2024, the authority must annually submit a comprehensive report on the
authority's activities during the previous year to the governor and the chairs
and ranking minority members of the legislative committees with primary
jurisdiction over energy policy. The
report must contain, at a minimum, information on:
(1) the amount of
authority capital invested, by project type;
(2) the amount of
private and public capital leveraged by authority investments, by project type;
(3) the number of
qualified projects supported, by project type and location within Minnesota,
including in environmental justice communities;
(4) the estimated number
of jobs created for local workers and nonlocal workers, the ratio of projects
subject to and exempt from prevailing wage requirements under subdivision 6,
paragraph (b), and tax revenue generated as a result of the authority's activities;
(5) estimated reductions
in greenhouse gas emissions resulting from the authority's activities;
(6) the number of clean
energy projects financed in low- and moderate-income households;
(7) a narrative
describing the progress made toward the authority's equity, social, and labor standards
goals; and
(8) a financial audit
conducted by an independent party.
EFFECTIVE DATE. This
section is effective the day following final enactment.
Sec. 3. Laws 2023, chapter 24, section 2, subdivision 1, is amended to read:
Subdivision 1. Definitions. (a) For the purposes of this section, the following terms have the meanings given.
(b) "Competitive funds" means federal funds awarded to selected applicants based on the grantor's evaluation of the strength of an application measured against all other applications.
(c) "Disadvantaged community" has the meaning given by the federal agency disbursing federal funds.
(d) "Eligible entity" means an entity located in Minnesota that is eligible to receive federal funds, tax credits, loans, or an entity that has at least one Minnesota-based partner, as determined by the grantor of the federal funds, tax credits, or loans.
(e) "Federal funds" means federal formula or competitive funds available for award to applicants for energy projects under the Infrastructure Investment and Jobs Act, Public Law 117-58, or the Inflation Reduction Act of 2022, Public Law 117-169.
(f) "Loans" means
federal loans from loan funds authorized or funded in the Inflation Reduction
Act of 2022, Public Law 117-169.
(g) "Tax
credits" means federal tax credits authorized in the Inflation Reduction
Act of 2022, Public Law 117‑169.
(f) (h) "Formula
funds" means federal funds awarded to all eligible applicants on a
noncompetitive basis.
(g) (i) "Match"
means the amount of state money a successful grantee in Minnesota is required
to contribute to a project as a condition of receiving federal funds.
(h) (j) "Political
subdivision" has the meaning given in section 331A.01, subdivision 3.
(i) (k) "Project"
means the activities proposed to be undertaken by an eligible entity awarded
federal funds and are located in Minnesota or will directly benefit
Minnesotans.
(j) (l) "Tribal
government" has the meaning given in section 116J.64, subdivision 4.
Sec. 4. Laws 2023, chapter 24, section 2, subdivision 2, is amended to read:
Subd. 2. Establishment of account; eligible expenditures. (a) A state competitiveness fund account is created in the special revenue fund of the state treasury. The commissioner must credit to the account appropriations and transfers to the account. Earnings, such as interest, dividends, and any other earnings arising from assets of the account, must be credited to the account. Money remaining in the account at the end of a fiscal year does not cancel to the general fund but remains available until June 30, 2034. The commissioner is the fiscal agent and must manage the account.
(b) Money in the account is appropriated to the commissioner and must be used to:
(1) pay all or any portion of the state match required as a condition of receiving federal funds, or to otherwise reduce the cost for projects that are awarded federal funds, as described under subdivision 3, paragraph (a);
(2) award grants under
subdivision 4 to obtain grant development assistance for eligible entities; and
(3) award grants that
reduce the cost for projects that are awarded federal loans within
disadvantaged communities;
(4) award grants that are
additive to federal tax credits received by an eligible entity to further
reduce the cost of the technologies and activities eligible for such federal
tax credits in disadvantaged communities; and
(3) (5) pay
the reasonable costs incurred by the department to assist eligible entities to
successfully compete for available federal funds and utilize available
federal tax credits or loans.
EFFECTIVE DATE. This
section is effective the day following final enactment.
Sec. 5. Laws 2023, chapter 24, section 3, is amended to read:
Sec. 3. APPROPRIATION.
(a) $115,000,000 in fiscal year 2023 is appropriated from the general fund to the commissioner of commerce for the purposes of Minnesota Statutes, section 216C.391. This is a onetime appropriation. Of this amount:
(1) $100,000,000 is for grant awards made under Minnesota Statutes, section 216C.391, subdivision 3, of which at least $75,000,000 is for grant awards of less than $1,000,000;
(2) $6,000,000 is for grant awards made under Minnesota Statutes, section 216C.391, subdivision 4;
(3) $750,000 is for the reports and audits under Minnesota Statutes, section 216C.391, subdivision 7;
(4) $1,500,000 is for information system development improvements necessary to carry out Minnesota Statutes, section 216C.391, and to improve digital access and reporting;
(5) $6,750,000 is for technical assistance to applicants and administration of Minnesota Statutes, section 216C.391, by the Department of Commerce; and
(6) the commissioner may transfer money from clause (2) to clause (1) if less than 75 percent of the money in clause (2) has been awarded by June 30, 2028.
(b) The commissioner,
with approval from the commissioner of management and budget, may transfer
money between appropriations established for paragraph (a), clause (1), and for
money transferred under section 6, paragraph (c). This paragraph expires on June 30, 2028.
(b) (c) To
the extent that federal funds for energy projects under the Infrastructure
Investment and Jobs Act, Public Law 117-58, or the Inflation Reduction Act of
2022, Public Law 117-169, become permanently unavailable to be matched with
funds appropriated under this section or section 216C.391, subdivision 2,
the commissioner of management and budget must certify the proportional amount
of unencumbered funds remaining in the account established under Minnesota
Statutes, section 216C.391, and those unencumbered funds cancel to the general
fund.
EFFECTIVE DATE. This
section is effective the day following final enactment.
Sec. 6. TRANSFERS.
(a) In the biennium
ending on June 30, 2025, the commissioner of management and budget must
transfer $400,000,000 from the general fund to the Minnesota forward fund
account established in Minnesota Statutes, section 116J.8752, subdivision 2. The base for this transfer is $0.
(b) In the biennium
ending on June 30, 2025, the commissioner of management and budget shall
transfer $25,000,000 from the general fund to the Minnesota climate innovation
authority account established in Minnesota Statutes, section 216C.441,
subdivision 11. The base for this
transfer is $0.
(c) In the biennium
ending on June 30, 2025, the commissioner of management and budget must
transfer $75,000,000 from the general fund to the state competitiveness fund
account established in Minnesota Statutes, section 216C.391, subdivision 2. Notwithstanding Minnesota Statutes, section
216C.391, subdivision 2, the commissioner of commerce must use this transfer
for grants to eligible entities for projects receiving federal loans or tax
credits where the benefits are in disadvantaged communities. The base for this transfer is $0. Up to three percent of money transferred
under this paragraph is for administrative costs.
(d) In the biennium
ending on June 30, 2027, the commissioners of management and budget, in
consultation with the commissioners of employment and economic development and
commerce, may transfer money between the Minnesota forward fund account, the
Minnesota climate innovation authority account, and the state competitiveness
fund account. The commissioner of
management and budget must notify the Legislative Advisory Commission within 15
days of making transfers under this paragraph.
Sec. 7. APPROPRIATIONS.
(a) $50,000,000 in fiscal
year 2024 is appropriated from the Minnesota forward fund account to the
commissioner of employment and economic development for providing businesses
with matching funds required by federal programs. Money awarded under this program is made
retroactive to February 1, 2023, for applications and projects. The commissioner may use up to two percent of
this appropriation for administration. This
is a onetime appropriation and is available until June 30, 2027. Any funds that remain unspent are canceled to
the general fund.
(b) $100,000,000 in
fiscal year 2024 is appropriated from the Minnesota forward fund account to the
commissioner of employment and economic development to match existing federal
funds made available in the Consolidated Appropriations Act, Public Law 117-328. This appropriation must be used to (1)
construct and operate a bioindustrial manufacturing pilot innovation facility,
biorefinery, or commercial campus utilizing agricultural feedstocks or (2) for
a Minnesota aerospace center for research, development, and testing, or both
(1) and (2). This appropriation is not
subject to the requirements of Minnesota Statutes, 116J.8752, subdivision 5. The commissioner may use up to two percent of
this appropriation for administration. This
is a onetime appropriation and is available until June 30, 2027. Any funds that remain unspent are canceled to
the general fund.
(c) $250,000,000 in
fiscal year 2024 is appropriated from the Minnesota forward fund account to the
commissioner of employment and economic development to match federal funds made
available in the Chips and Science Act, Public Law 117-167. Money awarded under this program is made
retroactive to February 1, 2023, for applications and projects. This appropriation is not subject to
Minnesota Statutes, section 116J.8752, subdivision 5. The commissioner may use up two percent for
administration. This is a onetime
appropriation and is available until June 30, 2027. Any funds that remain unspent are canceled to
the general fund.
(d) The commissioner may
use the appropriation under paragraph (c) to allocate up to 15 percent of the
total project cost with a maximum of $75,000,000 per project for the purpose of
constructing, modernizing, or expanding commercial facilities on the front- and
back-end fabrication of leading-edge, current-generation, and mature-node
semiconductors; funding semiconductor materials and manufacturing equipment
facilities; and for research and development facilities.
(e) The commissioner may
use the appropriation under paragraph (c) to award:
(1) grants to
institutions of higher education for developing and deploying training programs
and to build pipelines to serve the needs of industry; and
(2) grants to increase
the capacity of institutions of higher education to serve industrial
requirements for research and development that coincide with current and future
requirements of projects eligible under this section. Grant money may be used to construct and
equip facilities that serve the purpose of the industry. The maximum grant award per institution of
higher education under this section is $5,000,000 and may not represent more
than 50 percent of the total project funding from other sources. Use of this funding must be supported by
businesses receiving funds under clause (1).
(f) Money appropriated in paragraphs (a), (b), and (c) may be transferred between appropriations within the Minnesota forward fund account by the commissioner of employment and economic development with approval of the commissioner of management and budget. The commissioner must notify the Legislative Advisory Commission at least 15 days prior to changing appropriations under this paragraph."
Delete the title and insert:
"A bill for an act relating to state government; establishing a biennial budget for jobs, labor, and economic development; appropriating money for the Department of Labor and Industry, Department of Employment and Economic Development, Bureau of Mediation Services, and Workers' Compensation Court of Appeals; making
labor policy changes; establishing workforce standards for agriculture and food processing workers, meat and poultry workers, and warehouse workers; establishing a Nursing Home Workforce Standards Board; regulating combative sports; prohibiting covenants not to compete; regulating building and construction contracts; modifying provisions of the Public Employment Relations Board; establishing wage protections for construction workers; establishing earned sick and safe time; modifying economic development provisions; modifying Explore Minnesota provisions; establishing a Capitol Area Community Vitality Task Force; establishing the PROMISE Act; creating the Minnesota Forward Fund; creating the Minnesota Climate Innovation Finance Authority; authorizing rulemaking; requiring reports; creating accounts; creating penalties; amending Minnesota Statutes 2022, sections 13.43, subdivision 6; 15.71, by adding subdivisions; 15.72, by adding a subdivision; 116J.5492, subdivisions 8, 10; 116J.55, subdivisions 1, 5, 6; 116J.871, subdivisions 1, 2; 116J.8748, subdivisions 3, 4, 6, by adding a subdivision; 116L.361, subdivision 7; 116L.362, subdivision 1; 116L.364, subdivision 3; 116L.365, subdivision 1; 116L.56, subdivision 2; 116L.561, subdivision 5; 116L.562, subdivision 2; 116U.05; 116U.10; 116U.15; 116U.20; 116U.30; 116U.35; 120A.414, subdivision 2; 122A.181, subdivision 5; 122A.26, subdivision 2; 122A.40, subdivision 5; 122A.41, subdivision 2; 175.16, subdivision 1; 177.26, subdivisions 1, 2; 177.27, subdivisions 1, 2, 4, as amended, 7, 8, 9, 10; 177.42, subdivision 2; 178.01; 178.011, subdivision 7; 178.03, subdivision 1; 178.11; 179.86, subdivisions 1, 3, by adding subdivisions; 179A.03, subdivisions 14, 18, 19; 179A.041, by adding a subdivision; 179A.06, subdivision 6; 179A.07, subdivisions 1, 6, by adding subdivisions; 179A.10, subdivision 2; 179A.12, subdivisions 6, 11, by adding a subdivision; 181.03, subdivision 6; 181.032; 181.06, subdivision 2; 181.14, subdivision 1; 181.171, subdivision 4; 181.172; 181.275, subdivision 1; 181.635, subdivisions 1, 2, 3, 4, 6; 181.85, subdivisions 2, 4; 181.86, subdivision 1; 181.87, subdivisions 2, 3, 7; 181.88; 181.89, subdivision 2, by adding a subdivision; 181.932, subdivision 1; 181.939; 181.940, subdivisions 2, 3; 181.941, subdivision 3; 181.9413; 181.942; 181.9435, subdivision 1; 181.9436; 181.944; 181.945, subdivision 3; 181.9456, subdivision 3; 181.956, subdivision 5; 181.964; 182.654, subdivision 11; 182.659, subdivisions 1, 8; 182.66, by adding a subdivision; 182.661, by adding a subdivision; 182.666, subdivisions 1, 2, 3, 4, 5, by adding a subdivision; 182.676; 326B.092, subdivision 6; 326B.093, subdivision 4; 326B.096; 326B.103, subdivision 13, by adding subdivisions; 326B.106, subdivisions 1, 4, by adding a subdivision; 326B.163, subdivision 5, by adding a subdivision; 326B.164, subdivision 13; 326B.31, subdivision 30; 326B.32, subdivision 1; 326B.36, subdivision 7, by adding a subdivision; 326B.802, subdivision 15; 326B.805, subdivision 6; 326B.921, subdivision 8; 326B.925, subdivision 1; 326B.988; 337.01, subdivision 3; 337.05, subdivision 1; 341.21, subdivisions 2a, 2b, 2c, 4f, 7, by adding a subdivision; 341.221; 341.25; 341.27; 341.28, subdivisions 2, 3, by adding subdivisions; 341.30, subdivision 4; 341.32, subdivision 2; 341.321; 341.33; 341.355; 469.40, subdivision 11; 469.47, subdivisions 1, 5, 6; 572B.17; Laws 2021, First Special Session chapter 4, article 2, section 2, subdivision 1; article 8, section 30; Laws 2021, First Special Session chapter 10, article 2, section 24; Laws 2023, chapter 24, sections 2, subdivisions 1, 2; 3; proposing coding for new law in Minnesota Statutes, chapters 13; 16A; 116J; 116L; 116U; 177; 179; 181; 182; 216C; 327; 341; repealing Minnesota Statutes 2022, sections 177.26, subdivision 3; 179A.12, subdivision 2; 181.9413; Laws 2019, First Special Session chapter 7, article 2, section 8, as amended."
We request the adoption of this report and
repassage of the bill.
Senate Conferees: Bobby
Joe Champion, Jennifer McEwen, Zaynab Mohamed, Grant Hauschild and Heather Gustafson.
House Conferees: Hodan
Hassan, Jay Xiong, Michael Nelson, Kaela Berg and Liz Olson.
Hassan moved that the report of the
Conference Committee on S. F. No. 3035 be adopted and that the
bill be repassed as amended by the Conference Committee.
A roll call was requested and properly
seconded.
Novotny was excused for the remainder of today's session.
Gomez and Lislegard were excused between
the hours of 10:00 p.m. and 10:20 p.m.
Nash moved that the House refuse to adopt
the report of the Conference Committee on S. F. No. 3035 and
that the bill be returned to the Conference Committee.
A roll call was requested and properly
seconded.
The question was taken on the Nash motion
and the roll was called. There were 61
yeas and 68 nays as follows:
Those who voted in the affirmative were:
Altendorf
Anderson, P. E.
Backer
Bakeberg
Baker
Bennett
Bliss
Burkel
Daniels
Daudt
Davids
Davis
Demuth
Dotseth
Engen
Fogelman
Franson
Garofalo
Gillman
Grossell
Harder
Heintzeman
Hudella
Hudson
Igo
Jacob
Johnson
Joy
Knudsen
Koznick
Kresha
McDonald
Mekeland
Mueller
Murphy
Myers
Nadeau
Nash
Nelson, N.
Neu Brindley
Niska
O'Driscoll
Olson, B.
O'Neill
Perryman
Petersburg
Pfarr
Quam
Robbins
Schomacker
Schultz
Scott
Skraba
Swedzinski
Torkelson
Urdahl
West
Wiener
Wiens
Witte
Zeleznikar
Those who voted in the negative were:
Acomb
Agbaje
Bahner
Becker-Finn
Berg
Bierman
Brand
Carroll
Cha
Clardy
Coulter
Curran
Edelson
Elkins
Feist
Finke
Fischer
Frazier
Frederick
Freiberg
Greenman
Hansen, R.
Hanson, J.
Hassan
Hemmingsen-Jaeger
Her
Hicks
Hill
Hollins
Hornstein
Howard
Huot
Hussein
Jordan
Keeler
Klevorn
Koegel
Kotyza-Witthuhn
Kozlowski
Kraft
Lee, F.
Lee, K.
Liebling
Lillie
Long
Moller
Nelson, M.
Newton
Noor
Norris
Olson, L.
Pelowski
Pérez-Vega
Pinto
Pryor
Pursell
Rehm
Reyer
Richardson
Sencer-Mura
Smith
Stephenson
Tabke
Vang
Wolgamott
Xiong
Youakim
Spk. Hortman
The
motion did not prevail.
The question recurred on the Hassan motion
and the roll was called. There were 68
yeas and 61 nays as follows:
Those who voted in the affirmative were:
Acomb
Agbaje
Bahner
Becker-Finn
Berg
Bierman
Brand
Carroll
Cha
Clardy
Coulter
Curran
Edelson
Elkins
Feist
Finke
Fischer
Frazier
Frederick
Freiberg
Greenman
Hansen, R.
Hanson, J.
Hassan
Hemmingsen-Jaeger
Her
Hicks
Hill
Hollins
Hornstein
Howard
Huot
Hussein
Jordan
Keeler
Klevorn
Koegel
Kotyza-Witthuhn
Kozlowski
Kraft
Lee, F.
Lee, K.
Liebling
Lillie
Long
Moller
Nelson, M.
Newton
Noor
Norris
Olson, L.
Pelowski
Pérez-Vega
Pinto
Pryor
Pursell
Rehm
Reyer
Richardson
Sencer-Mura
Smith
Stephenson
Tabke
Vang
Wolgamott
Xiong
Youakim
Spk. Hortman
Those who voted in the negative were:
Altendorf
Anderson, P. E.
Backer
Bakeberg
Baker
Bennett
Bliss
Burkel
Daniels
Daudt
Davids
Davis
Demuth
Dotseth
Engen
Fogelman
Franson
Garofalo
Gillman
Grossell
Harder
Heintzeman
Hudella
Hudson
Igo
Jacob
Johnson
Joy
Knudsen
Koznick
Kresha
McDonald
Mekeland
Mueller
Murphy
Myers
Nadeau
Nash
Nelson, N.
Neu Brindley
Niska
O'Driscoll
Olson, B.
O'Neill
Perryman
Petersburg
Pfarr
Quam
Robbins
Schomacker
Schultz
Scott
Skraba
Swedzinski
Torkelson
Urdahl
West
Wiener
Wiens
Witte
Zeleznikar
The
motion prevailed.
Hortman was excused between the hours of
10:15 p.m. and 11:40 p.m.
CALL OF
THE HOUSE
On the motion of Long and on the demand of
10 members, a call of the House was ordered.
The following members answered to their names:
Acomb
Agbaje
Altendorf
Anderson, P. E.
Backer
Bahner
Bakeberg
Baker
Becker-Finn
Bennett
Berg
Bierman
Bliss
Brand
Burkel
Carroll
Cha
Clardy
Coulter
Curran
Daniels
Daudt
Davids
Davis
Demuth
Dotseth
Edelson
Elkins
Engen
Feist
Finke
Fischer
Fogelman
Franson
Frazier
Frederick
Freiberg
Garofalo
Gillman
Gomez
Greenman
Grossell
Hansen, R.
Hanson, J.
Harder
Hassan
Heintzeman
Hemmingsen-Jaeger
Her
Hicks
Hill
Hollins
Hornstein
Howard
Hudella
Hudson
Huot
Hussein
Igo
Jacob
Johnson
Jordan
Joy
Keeler
Klevorn
Knudsen
Koegel
Kotyza-Witthuhn
Kozlowski
Koznick
Kraft
Kresha
Lee, F.
Lee, K.
Liebling
Lillie
Lislegard
Long
McDonald
Mekeland
Moller
Mueller
Murphy
Myers
Nadeau
Nash
Nelson, M.
Nelson, N.
Neu Brindley
Newton
Niska
Noor
Norris
O'Driscoll
Olson, B.
Olson, L.
O'Neill
Pelowski
Pérez-Vega
Perryman
Petersburg
Pfarr
Pinto
Pryor
Pursell
Quam
Rehm
Reyer
Richardson
Robbins
Schomacker
Schultz
Scott
Sencer-Mura
Skraba
Smith
Stephenson
Swedzinski
Tabke
Torkelson
Urdahl
Vang
West
Wiener
Wiens
Witte
Wolgamott
Xiong
Youakim
Zeleznikar
All members answered to the call and it
was so ordered.
CALL OF THE HOUSE LIFTED
Long moved that the call of the House be
lifted. The motion prevailed and it was
so ordered.
S. F. No. 3035, A bill for an act relating to state government; establishing the biennial budget for the Department of Employment and Economic Development, Explore Minnesota, Department of Labor and Industry, Workers' Compensation Court of Appeals, and Bureau of Mediation Services; modifying miscellaneous policy provisions; requiring reports; appropriating money; amending Minnesota Statutes 2022, sections 15.71, by adding subdivisions; 15.72, by adding a subdivision; 116J.5492, subdivisions 8, 10; 116J.55, subdivisions 1, 5, 6; 116J.871, subdivision 2; 116J.8748, subdivisions 3, 4, 6, by adding a subdivision; 116L.361, subdivision 7; 116L.362, subdivision 1; 116L.364, subdivision 3; 116L.56, subdivision 2; 116L.561, subdivision 5; 116L.562, subdivision 2; 116U.05; 116U.10; 116U.15; 116U.20; 116U.30; 116U.35; 175.16, subdivision 1; 177.26, subdivisions 1, 2; 177.27, subdivisions 4, 7; 178.01; 178.011, subdivision 7; 178.03, subdivision 1; 178.11; 179.86, subdivisions 1, 3, by adding subdivisions; 181.14, subdivision 1; 181.635, subdivisions 1, 2, 3, 4, 6; 181.85, subdivisions 2, 4; 181.86, subdivision 1; 181.87, subdivisions 2, 3, 7; 181.88; 181.89, subdivision 2, by adding a subdivision; 181.9435, subdivision 1; 181.9436; 182.654, subdivision 11; 182.666, subdivisions 1, 2, 3, 4, 5, by adding a subdivision; 326B.092, subdivision 6; 326B.096; 326B.103, subdivision 13, by adding subdivisions; 326B.106, subdivisions 1, 4, by adding a subdivision; 326B.802, subdivision 15; 337.01, subdivision 3; 337.05, subdivision 1; 341.21, subdivisions 2a, 2b, 2c, 4f, 7, by adding a subdivision; 341.221; 341.25; 341.27; 341.28, subdivisions 2, 3, by adding subdivisions; 341.30, subdivision 4; 341.32, subdivision 2; 341.321; 341.33; 341.355; 469.40, subdivision 11; 469.47, subdivisions 1, 5, 6; Laws 2021, First Special Session chapter 10, article 2, section 24; proposing coding for new law in Minnesota Statutes, chapters 116J; 116L; 116U; 179; 181; 182; 341; repealing Minnesota Statutes 2022, section 177.26, subdivision 3.
The bill was read for the third time, as
amended by Conference, and placed upon its repassage.
The question was taken on the repassage of
the bill and the roll was called. There
were 70 yeas and 61 nays as follows:
Those who voted in the affirmative were:
Acomb
Agbaje
Bahner
Becker-Finn
Berg
Bierman
Brand
Carroll
Cha
Clardy
Coulter
Curran
Edelson
Elkins
Feist
Finke
Fischer
Frazier
Frederick
Freiberg
Gomez
Greenman
Hansen, R.
Hanson, J.
Hassan
Hemmingsen-Jaeger
Her
Hicks
Hill
Hollins
Hornstein
Howard
Huot
Hussein
Jordan
Keeler
Klevorn
Koegel
Kotyza-Witthuhn
Kozlowski
Kraft
Lee, F.
Lee, K.
Liebling
Lillie
Lislegard
Long
Moller
Nelson, M.
Newton
Noor
Norris
Olson, L.
Pelowski
Pérez-Vega
Pinto
Pryor
Pursell
Rehm
Reyer
Richardson
Sencer-Mura
Smith
Stephenson
Tabke
Vang
Wolgamott
Xiong
Youakim
Spk. Hortman
Those who voted in the negative were:
Altendorf
Anderson, P. E.
Backer
Bakeberg
Baker
Bennett
Bliss
Burkel
Daniels
Daudt
Davids
Davis
Demuth
Dotseth
Engen
Fogelman
Franson
Garofalo
Gillman
Grossell
Harder
Heintzeman
Hudella
Hudson
Igo
Jacob
Johnson
Joy
Knudsen
Koznick
Kresha
McDonald
Mekeland
Mueller
Murphy
Myers
Nadeau
Nash
Nelson, N.
Neu Brindley
Niska
O'Driscoll
Olson, B.
O'Neill
Perryman
Petersburg
Pfarr
Quam
Robbins
Schomacker
Schultz
Scott
Skraba
Swedzinski
Torkelson
Urdahl
West
Wiener
Wiens
Witte
Zeleznikar
The bill was repassed, as amended by
Conference, and its title agreed to.
The following Conference Committee Report
was received:
CONFERENCE COMMITTEE REPORT ON H. F. No. 1370
A bill for an act relating to public safety; establishing a cause of action for nonconsensual dissemination of deep fake sexual images; establishing the crime of using deep fake technology to influence an election; establishing a crime for nonconsensual dissemination of deep fake sexual images; proposing coding for new law in Minnesota Statutes, chapters 604; 609; 617.
May 15, 2023
The Honorable Melissa Hortman
Speaker of the House of Representatives
The Honorable Bobby Joe Champion
President of the Senate
We, the undersigned conferees for H. F. No. 1370 report that we have agreed upon the items in dispute and recommend as follows:
That the Senate recede from its amendments and that H. F. No. 1370 be further amended as follows:
Delete everything after the enacting clause and insert:
"Section 1. [604.32]
CAUSE OF ACTION FOR NONCONSENSUAL DISSEMINATION OF A DEEP FAKE DEPICTING
INTIMATE PARTS OR SEXUAL ACTS.
Subdivision 1. Definitions. (a) As used in this section, the
following terms have the meanings given.
(b) "Deep fake" means any
video recording, motion-picture film, sound recording, electronic image, or
photograph, or any technological representation of speech or conduct
substantially derivative thereof:
(1) that is so realistic that a
reasonable person would believe it depicts speech or conduct of an individual;
and
(2) the production of which was
substantially dependent upon technical means, rather than the ability of
another individual to physically or verbally impersonate such individual.
(c) "Depicted individual"
means an individual in a deep fake who appears to be engaging in speech or
conduct in which the individual did not engage.
(d) "Intimate parts" means
the genitals, pubic area, partially or fully exposed nipple, or anus of an
individual.
(e) "Personal
information" means any identifier that permits communication or in-person
contact with an individual, including:
(1) an individual's first and last
name, first initial and last name, first name and last initial, or nickname;
(2) an individual's home, school, or
work address;
(3) an individual's telephone number,
email address, or social media account information; or
(4) an individual's geolocation data.
(f) "Sexual act" means either
sexual contact or sexual penetration.
(g) "Sexual contact" means
the intentional touching of intimate parts or intentional touching with seminal
fluid or sperm onto another individual's body.
(h) "Sexual penetration"
means any of the following acts:
(1) sexual intercourse, cunnilingus,
fellatio, or anal intercourse; or
(2) any intrusion, however slight, into
the genital or anal openings of an individual by another's body part or an
object used by another for this purpose.
Subd. 2. Nonconsensual
dissemination of a deep fake. (a)
A cause of action against a person for the nonconsensual dissemination of a
deep fake exists when:
(1) a person disseminated a deep fake
with knowledge that the depicted individual did not consent to its public
dissemination;
(2) the deep fake realistically depicts
any of the following:
(i) the intimate parts of another
individual presented as the intimate parts of the depicted individual;
(ii) artificially generated intimate
parts presented as the intimate parts of the depicted individual; or
(iii) the depicted individual engaging
in a sexual act; and
(3) the depicted individual is
identifiable:
(i) from the deep fake itself, by the
depicted individual or by another individual; or
(ii) from the personal information
displayed in connection with the deep fake.
(b) The fact that the depicted
individual consented to the creation of the deep fake or to the voluntary
private transmission of the deep fake is not a defense to liability for a
person who has disseminated the deep fake with knowledge that the depicted
individual did not consent to its public dissemination.
Subd. 3. Damages. The court may award the following
damages to a prevailing plaintiff from a person found liable under subdivision
2:
(1) general and special
damages, including all finance losses due to the dissemination of the deep fake
and damages for mental anguish;
(2) an amount equal to any profit made
from the dissemination of the deep fake by the person who intentionally
disclosed the deep fake;
(3) a civil penalty awarded to the
plaintiff of an amount up to $100,000; and
(4) court costs, fees, and reasonable
attorney fees.
Subd. 4. Injunction;
temporary relief. (a) A court
may issue a temporary or permanent injunction or restraining order to prevent
further harm to the plaintiff.
(b) The court may issue a civil fine
for the violation of a court order in an amount up to $1,000 per day for
failure to comply with an order granted under this section.
Subd. 5. Confidentiality. The court shall allow confidential
filings to protect the privacy of the plaintiff in cases filed under this
section.
Subd. 6. Liability;
exceptions. (a) No person
shall be found liable under this section when:
(1) the dissemination is made for the
purpose of a criminal investigation or prosecution that is otherwise lawful;
(2) the dissemination is for the
purpose of, or in connection with, the reporting of unlawful conduct;
(3) the dissemination is made in the
course of seeking or receiving medical or mental health treatment, and the
image is protected from further dissemination;
(4) the deep fake was obtained in a
commercial setting for the purpose of the legal sale of goods or services,
including the creation of artistic products for sale or display, and the
depicted individual knew that a deep fake would be created and disseminated in
a commercial setting;
(5) the deep fake relates to a matter
of public interest; dissemination serves a lawful public purpose; the person
disseminating the deep fake as a matter of public interest clearly identifies
that the video recording, motion-picture film, sound recording, electronic
image, photograph, or other item is a deep fake; and the person acts in good
faith to prevent further dissemination of the deep fake;
(6) the dissemination is for legitimate
scientific research or educational purposes, the deep fake is clearly
identified as such, and the person acts in good faith to minimize the risk that
the deep fake will be further disseminated; or
(7) the dissemination is made for legal
proceedings and is consistent with common practice in civil proceedings
necessary for the proper functioning of the criminal justice system, or
protected by court order which prohibits any further dissemination.
(b) This section does not alter or
amend the liabilities and protections granted by United States Code, title 47,
section 230, and shall be construed in a manner consistent with federal law.
(c) A cause of action arising under
this section does not prevent the use of any other cause of action or remedy
available under the law.
Subd. 7. Jurisdiction. A court has jurisdiction over a cause
of action filed pursuant to this section if the plaintiff or defendant resides
in this state.
Subd. 8. Venue. A cause of action arising under this
section may be filed in either:
(1) the county of residence of the
defendant or plaintiff or in the jurisdiction of the plaintiff's designated
address if the plaintiff participates in the address confidentiality program
established by chapter 5B; or
(2) the county where any deep fake is
produced, reproduced, or stored in violation of this section.
Subd. 9. Discovery
of dissemination. In a civil
action brought under subdivision 2, the statute of limitations is tolled until
the plaintiff discovers the deep fake has been disseminated.
EFFECTIVE
DATE. This section is
effective August 1, 2023, and applies to dissemination of a deep fake that
takes place on or after that date.
Sec. 2. [609.771]
USE OF DEEP FAKE TECHNOLOGY TO INFLUENCE AN ELECTION.
Subdivision 1. Definitions. (a) As used in this section, the
following terms have the meanings given.
(b) "Candidate" means an
individual who seeks nomination or election to a federal, statewide,
legislative, judicial, or local office including special districts, school
districts, towns, home rule charter and statutory cities, and counties.
(c) "Deep fake" means any
video recording, motion-picture film, sound recording, electronic image, or
photograph, or any technological representation of speech or conduct
substantially derivative thereof:
(1) that is so realistic that a
reasonable person would believe it depicts speech or conduct of an individual
who did not in fact engage in such speech or conduct; and
(2) the production of which was
substantially dependent upon technical means, rather than the ability of
another individual to physically or verbally impersonate such individual.
(d) "Depicted individual"
means an individual in a deep fake who appears to be engaging in speech or
conduct in which the individual did not engage.
Subd. 2. Use
of deep fake to influence an election; violation. A person who disseminates a deep fake
or enters into a contract or other agreement to disseminate a deep fake is
guilty of a crime and may be sentenced as provided in subdivision 3 if the
person knows or reasonably should know that the item being disseminated is a
deep fake and dissemination:
(1) takes place within 90 days before
an election;
(2) is made without the consent of the
depicted individual; and
(3) is made with the intent to injure a
candidate or influence the result of an election.
Subd. 3. Use
of deep fake to influence an election; penalty. A person convicted of violating
subdivision 2 may be sentenced as follows:
(1) if the person commits the violation
within five years of one or more prior convictions under this section, to
imprisonment for not more than five years or to payment of a fine of not more
than $10,000, or both;
(2) if the person commits the violation
with the intent to cause violence or bodily harm, to imprisonment for not more
than one year or to payment of a fine of not more than $3,000, or both; or
(3)
in other cases, to imprisonment for not more than 90 days or to payment of a
fine of not more than $1,000, or both.
Subd. 4. Injunctive
relief. A cause of action for
injunctive relief may be maintained against any person who is reasonably
believed to be about to violate or who is in the course of violating this
section by:
(1) the attorney general;
(2) a county attorney or city attorney;
(3) the depicted individual; or
(4) a candidate for nomination or
election to a public office who is injured or likely to be injured by
dissemination.
EFFECTIVE DATE. This section is effective August 1, 2023, and
applies to crimes committed on or after that date.
Sec. 3. [617.262]
NONCONSENSUAL DISSEMINATION OF A DEEP FAKE DEPICTING INTIMATE PARTS OR SEXUAL
ACTS.
Subdivision 1. Definitions. (a) For purposes of this section, the
following terms have the meanings given.
(b) "Deep fake" means any
video recording, motion-picture film, sound recording, electronic image, or
photograph, or any technological representation of speech or conduct
substantially derivative thereof:
(1) that is so realistic that a
reasonable person would believe it depicts speech or conduct of an individual;
and
(2) the production of which was
substantially dependent upon technical means, rather than the ability of
another individual to physically or verbally impersonate such individual.
(c) "Depicted individual"
means an individual in a deep fake who appears to be engaging in speech or
conduct in which the individual did not engage.
(d) "Dissemination" means
distribution to one or more persons, other than the individual depicted in the
deep fake, or publication by any publicly available medium.
(e) "Harass" means an act
that would cause a substantial adverse effect on the safety, security, or
privacy of a reasonable person.
(f) "Intimate parts" means
the genitals, pubic area, anus, or partially or fully exposed nipple of an
individual.
(g) "Personal
information" means any identifier that permits communication or in-person
contact with an individual, including:
(1) an individual's first and last
name, first initial and last name, first name and last initial, or nickname;
(2) an individual's home, school, or
work address;
(3) an individual's telephone number,
email address, or social media account information; or
(4) an individual's geolocation data.
(h) "Sexual act" means either
sexual contact or sexual penetration.
(i) "Sexual contact" means
the intentional touching of intimate parts or intentional touching with seminal
fluid or sperm onto another individual's body.
(j) "Sexual penetration"
means any of the following acts:
(1) sexual intercourse, cunnilingus,
fellatio, or anal intercourse; or
(2) any intrusion, however slight, into
the genital or anal openings of an individual by another's body part or an
object used by another for this purpose.
(k) "Social media" means any
electronic medium, including an interactive computer service, telephone
network, or data network, that allows users to create, share, and view
user-generated content.
Subd. 2. Crime. It is a crime to intentionally
disseminate a deep fake when:
(1) the actor knows or reasonably
should know that the depicted individual did not consent to the dissemination;
(2) the deep fake realistically depicts
any of the following:
(i) the intimate parts of another
individual presented as the intimate parts of the depicted individual;
(ii) artificially generated intimate
parts presented as the intimate parts of the depicted individual; or
(iii) the depicted individual engaging
in a sexual act; and
(3) the depicted individual is
identifiable:
(i) from the deep fake itself, by the
depicted individual or by another individual; or
(ii) from the personal information
displayed in connection with the deep fake.
Subd. 3. Penalties. (a) Except as provided in paragraph
(b), whoever violates subdivision 2 is guilty of a gross misdemeanor.
(b) Whoever violates subdivision 2 may
be sentenced to imprisonment for not more than three years or to payment of a
fine of $5,000, or both, if one of the following factors is present:
(1) the depicted individual suffers
financial loss due to the dissemination of the deep fake;
(2) the actor disseminates the
deep fake with intent to profit from the dissemination;
(3) the actor maintains an Internet
website, online service, online application, or mobile application for the
purpose of disseminating the deep fake;
(4) the actor posts the deep fake on a
website;
(5) the actor disseminates the deep
fake with intent to harass the depicted individual;
(6) the actor obtained the deep fake by
committing a violation of section 609.52, 609.746, 609.89, or 609.891; or
(7) the actor has previously been
convicted under this chapter.
Subd. 3a. No
defense. It is not a defense
to a prosecution under this section that the depicted individual consented to
the creation or possession of the deep fake, or the private transmission of the
deep fake to an individual other than those to whom the deep fake was disseminated.
Subd. 4. Venue. Notwithstanding anything to the
contrary in section 627.01, an offense committed under this section may be
prosecuted in:
(1) the county where the offense
occurred;
(2) the county of residence of the
actor or victim or in the jurisdiction of the victim's designated address if
the victim participates in the address confidentiality program established by
chapter 5B; or
(3) only if venue cannot be located in
the counties specified under clause (1) or (2), the county where any deep fake
is produced, reproduced, found, stored, received, or possessed in violation of
this section.
Subd. 5. Exemptions. Subdivision 2 does not apply when:
(1) the dissemination is made for the
purpose of a criminal investigation or prosecution that is otherwise lawful;
(2) the dissemination is for the
purpose of, or in connection with, the reporting of unlawful conduct;
(3) the dissemination is made in the
course of seeking or receiving medical or mental health treatment, and the
image is protected from further dissemination;
(4) the deep fake was obtained in a
commercial setting for the purpose of the legal sale of goods or services,
including the creation of artistic products for sale or display, and the
depicted individual knew, or should have known, that a deep fake would be
created and disseminated;
(5) the deep fake relates to a matter
of public interest and dissemination serves a lawful public purpose;
(6) the dissemination is for legitimate
scientific research or educational purposes; or
(7) the dissemination is made for legal
proceedings and is consistent with common practice in civil proceedings
necessary for the proper functioning of the criminal justice system, or
protected by court order which prohibits any further dissemination.
Subd. 6. Immunity. Nothing in this section shall be
construed to impose liability upon the following entities solely as a result of
content or information provided by another person:
(1)
an interactive computer service as defined in United States Code, title 47,
section 230, paragraph (f), clause (2);
(2) a provider of public mobile services
or private radio services; or
(3) a telecommunications network or
broadband provider.
EFFECTIVE DATE. This section is effective August 1, 2023, and applies to crimes committed on or after that date."
We request the adoption of this report and repassage of the bill.
House Conferees: Zack Stephenson and Brian Pfarr.
Senate Conferees: Erin Maye Quade, Matt Klein and Eric Lucero.
Stephenson moved that the report of the
Conference Committee on H. F. No. 1370 be adopted and that the
bill be repassed as amended by the Conference Committee. The motion prevailed.
H. F. No. 1370, A bill for an act relating to public safety; establishing a cause of action for nonconsensual dissemination of deep fake sexual images; establishing the crime of using deep fake technology to influence an election; establishing a crime for nonconsensual dissemination of deep fake sexual images; proposing coding for new law in Minnesota Statutes, chapters 604; 609; 617.
The bill was read for the third time, as
amended by Conference, and placed upon its repassage.
The question was taken on the repassage of
the bill and the roll was called. There
were 131 yeas and 0 nays as follows:
Those who voted in the affirmative were:
Acomb
Agbaje
Altendorf
Anderson, P. E.
Backer
Bahner
Bakeberg
Baker
Becker-Finn
Bennett
Berg
Bierman
Bliss
Brand
Burkel
Carroll
Cha
Clardy
Coulter
Curran
Daniels
Daudt
Davids
Davis
Demuth
Dotseth
Edelson
Elkins
Engen
Feist
Finke
Fischer
Fogelman
Franson
Frazier
Frederick
Freiberg
Garofalo
Gillman
Gomez
Greenman
Grossell
Hansen, R.
Hanson, J.
Harder
Hassan
Heintzeman
Hemmingsen-Jaeger
Her
Hicks
Hill
Hollins
Hornstein
Howard
Hudella
Hudson
Huot
Hussein
Igo
Jacob
Johnson
Jordan
Joy
Keeler
Klevorn
Knudsen
Koegel
Kotyza-Witthuhn
Kozlowski
Koznick
Kraft
Kresha
Lee, F.
Lee, K.
Liebling
Lillie
Lislegard
Long
McDonald
Mekeland
Moller
Mueller
Murphy
Myers
Nadeau
Nash
Nelson, M.
Nelson, N.
Neu Brindley
Newton
Niska
Noor
Norris
O'Driscoll
Olson, B.
Olson, L.
O'Neill
Pelowski
Pérez-Vega
Perryman
Petersburg
Pfarr
Pinto
Pryor
Pursell
Quam
Rehm
Reyer
Richardson
Robbins
Schomacker
Schultz
Scott
Sencer-Mura
Skraba
Smith
Stephenson
Swedzinski
Tabke
Torkelson
Urdahl
Vang
West
Wiener
Wiens
Witte
Wolgamott
Xiong
Youakim
Zeleznikar
Spk. Hortman
The bill was repassed, as amended by
Conference, and its title agreed to.
MOTIONS AND RESOLUTIONS
Feist moved that the name of Lee, K., be
added as an author on H. F. No. 1700. The motion prevailed.
Howard moved that the name of Zeleznikar
be added as an author on H. F. No. 2917. The motion prevailed.
Pursell moved that the name of Kraft be
added as an author on H. F. No. 3292. The motion prevailed.
Pursell moved that the name of Kraft be
added as an author on H. F. No. 3293. The motion prevailed.
Murphy moved that the name of Engen be
added as an author on H. F. No. 3316. The motion prevailed.
Murphy moved that the name of Engen be
added as an author on H. F. No. 3317. The motion prevailed.
Murphy moved that the name of Engen be
added as an author on H. F. No. 3318. The motion prevailed.
Kraft moved that the name of Pursell be
added as an author on H. F. No. 3320. The motion prevailed.
ADJOURNMENT
Long moved that when the House adjourns
today it adjourn until 11:00 a.m., Wednesday, May 17, 2023. The motion prevailed.
Long moved that the House adjourn. The motion prevailed, and Speaker pro tempore
Wolgamott declared the House stands adjourned until 11:00 a.m., Wednesday, May
17, 2023.
Patrick
D. Murphy, Chief
Clerk, House of Representatives