Senate Counsel, Research
and Fiscal Analysis
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Tom Bottern
Director
   Senate   
State of Minnesota
 
 
 
 
 
S.F. No. 7 - E-12 Education Omnibus Bill (Second Engrossment)
 
Author: Senator Carla J. Nelson
 
Prepared By: Senate Counsel, Research and Fiscal Analysis (651/296-4791)
 
Date: April 24, 2019



 

Article 1 - General Education

Section 1. Education, residence, and transportation of homeless.  Provides that, for homeless pupils with an individualized education program (IEP) enrolled in a program authorized by an intermediate district or other cooperative unit, the serving district at the time of the pupil’s enrollment in the program remains responsible for transporting the pupil for the remainder of the school year, unless the initial serving district and current serving district mutually agree that the current serving district will be responsible for providing transportation.

Section 2Textbook.  Expands the definition of “textbook” to include a teacher’s edition, teacher’s guide, or other materials that accompany a textbook that a pupil uses when they are packaged physically or electronically with textbooks for teacher use.

Section 3Individualized instructional or cooperative learning materials.  Expands the definition of “individualized instructional or cooperative learning materials” to include teacher materials that accompany materials that a pupil uses. Makes other technical changes.

Section 4Cost; limitation. Strikes obsolete language and makes technical changes.

Section 5. Provided services. Requires that each district provide guidance and counseling services to secondary pupils enrolled in a nonpublic school or elementary and secondary pupils enrolled in an American Indian-controlled tribal contract or grant school located within the school district. ("Guidance and counseling services" means "all activities of a licensed counselor in counseling pupils and parents, providing counseling on learning problems, evaluating the abilities of pupils, assisting pupils in personal and social development and providing referral assistance.")

Section 6. Guidance and counseling services; allotment. Modifies the calculation of the nonpublic pupil aid allotment for guidance and counseling services to include services provided to elementary or secondary pupils enrolled in an American Indian-controlled tribal contract or grant school.

Section 7. Computation of maximum allotments. Clarifies that the calculation of the maximum allotment includes guidance and counseling services provided to elementary pupils.

Section 8. Board control of extracurricular activities. Requires a school board to take charge of and control all extracurricular activities. (“Extracurricular activities” means “all direct and personal services for pupils for their enjoyment that are managed and operated under the guidance of an adult or staff member.”) Requires a school district to reserve revenue raised for extracurricular activities and spend the revenue only for extracurricular activities.

Section 9. [PSEO] Alternative pupil. Authorizes nonpublic students in 10th grade to participate in PSEO career and technical education courses.

Section 10. [PSEO] Dissemination of information; notification of intent to enroll. Requires a school district to notify a student of PSEO opportunities by the earlier of at least three weeks before the student must register for district courses or March 1 of each year.

Section 11. [PSEO] Enrollment priority. Requires a postsecondary institution to allow PSEO secondary pupils to enroll in online courses consistent with the institution’s policy on enrolling postsecondary pupils in online courses.

Section 12. [PSEO] Courses according to agreements. Clarifies the definition of eligible institution. Requires districts and postsecondary institutions offering “introduction to teaching” dual-credit courses to report on certain enrollment demographics.

Section 13. Transportation. Expands family eligibility for reimbursement for transportation expenses to postsecondary enrollment options programs. Clarifies that private, public, or shared transportation all qualify for reimbursement.

Sections 14, 16 to 23. Referendum and local optional revenue. Transfers the board-approved portion of referendum revenue to the local optional revenue program. Maintains the current level of equalization for the transferred portion. Eliminates the requirement for a district to annually report and for the Department of Education to annually calculate a district’s local optional revenue subtraction from the district’s referendum allowance. Makes other technical and conforming changes.

Section 15. Basic revenue. Increases the basic revenue formula allowance to $6,343 in fiscal year 2020 and to $6,375 in fiscal year 2021 and later. Strikes obsolete language.

Section 24. Location of services. Allows a school district to provide core curriculum instruction to shared time pupils through digital learning at any location.

Section 25. Payment percentage for reimbursement aids. Strikes obsolete language.

Section 26. Payments to third parties. Strikes a reference to payment authority repealed later in this article.

Section 27. Breckenridge School District; postsecondary enrollment options. Allows the Breckenridge School District to enter into an agreement with an out-of-state higher education institution for the purposes of the postsecondary enrollment options program.

Section 28. Karlstad Elementary School; sparsity aid. Authorizes elementary sparsity aid for the Karlstad Elementary School in the Tri-County School District for fiscal year 2020 and 2021 only.

Section 29. Pupil Transportation Working Group.

Subdivision 1. Duties. Establishes a working group on pupil transportation to review pupil transportation and transportation efficiencies. Directs the group to examine and consider:

  1. How schools and school districts deliver pupil transportation services and the cost associated with each model;

  2. Relevant state laws and rules;

  3. Trends in pupil transportation services;

  4. Strategies or programs that would be effective in funding pupil transportation services; and

  5. The effect of the elimination of categorical funding for pupil transportation services.

Directs the working group to consider a ten-year strategic plan to help make pupil transportation funding more fair.

Subd. 2. Members. Representatives from each of the following organizations must serve as a member of the working group:

  1. The Minnesota School Boards Association;

  2. The Minnesota Association of Charter Schools;

  3. Education Minnesota;

  4. The Minnesota Rural Education Association;

  5. The Association of Metropolitan School Districts;

  6. The Minnesota Association for Pupil Transportation;

  7. The Minnesota School Bus Operators Association;

  8. The Minnesota Association of School Administrators;

  9. The Minnesota Association of School Business Officials;

  10. Schools for Equity in Education;

  11. Service Employees International Union Local 284;

  12. The Minnesota Association of Secondary School Principals;

  13.  The Minnesota Administrators of Special Education; and

  14. The Minnesota Transportation Alliance.

Public working group members include a representative from the following:

  1. An intermediate school district;

  2. A special education cooperative, education district, or service cooperative;

  3. A school district in a city of the first class;

  4. A school district in a first tier suburb;

  5. A rural school district; and

  6. A statewide nonprofit advocacy organization serving students with disabilities and their parents.

Subd. 3. Meetings. Directs the Commissioner to convene the first meeting. The working group must select a chair or cochairs at the first meeting.

Subd. 4. Compensation. Working group members are not reimbursed for expenses and do not receive per diem payments.

Subd. 5. Administrative support. Direct the Commissioner to provide technical and administrative assistance and meeting space upon request.

Subd. 6. Report. Directs the working group to submit a report of its findings to the legislative committees having jurisdiction over kindergarten through grade 12 education. Encourages the legislature to convene a legislative study group in January 2020 to review the recommendations and ten-year strategic plan.

Subd. 7. Expiration. The group expires on January 16, 2020.

Section 30. Appropriations. See fiscal tracking sheets.

Section 31. Repealer.

  • 123A.26, subdivision 3: unused authority for a school district to request that aid be paid to a third party
  • 125A.75, subdivision 9: duplicative annual school district reporting requirement for district special education litigation costs
  • 126C.16, subdivisions 1 and 3: obsolete provisions related to a prior conversion of referendum allowances
  • 126C.17, subdivision 9a: board-approved referendum authority; this authority is transferred to the local optional revenue program earlier in this article
  • 127A.14: authority for the commissioner of education to purchase individual annuity contracts for employee retirement plans

Article 2 - Education Excellence

Section 1. Length of school year; hours of instruction. Removes reference to the commissioner’s approval of flexible learning year programs.

Section 2. Competency-based education. (a) Allows a school district or charter school to adopt a locally developed competency-based education plan.

(b) The plan must include a description of the following in its world’s best workforce strategic plan for a school district or its annual public report for a charter school:

  1. How the plan’s components align with required state standards and the world’s best workforce plan goals;

  2. How competencies include explicit and measurable student learning objectives;

  3. How students master competencies;

  4. How local assessments are used to personalize learning experiences; and

  5. How students receive timely and personalized support.

(c) A school district or charter school with a competency-based education plan must administer the required statewide assessments.

(d) Average daily membership for a student participating in a competency-based education is subject to the limits under 126C.05, subdivision 8.

Section 3. Graduation requirements. Includes civics as one of the topics to be covered in the three and a half credits of social studies required for high school graduation.

Section 4. Planning for students’ successful transition to postsecondary education and employment; personal learning plans. (g) Directs a school district to provide military recruiters and representatives of organizations promoting careers in the skilled trades and manufacturing the same access to secondary students as the district provides to higher education institutions or to prospective employers.

(h) Encourages school district to sponsor an armed forces career opportunity day on the third Thursday of November. Requires a school district that sponsors an armed forces career opportunity day to invite recruiters from each branch of the United States armed forces.

Section 5. Construction and skilled trades counseling. Directs the Commissioner of Education to collaborate with the Commissioner of Labor and Industry to incorporate construction and skilled trades into career counseling services for middle and high school age students.

Section 6. Statewide testing. Requires the commissioner to establish a testing period as late as possible each school year for schools to administer the Minnesota Comprehensive Assessments to students. Strikes obsolete language. Removes the requirement that the commissioner establish empirically derived benchmarks on adaptive assessments in grades 3 through 8.

Section 7. Reporting. (c) Requires a school district to disseminate the individual student performance data and achievement report to the parent and teacher of each student no more than 30 days after the district has administered the test to a student.

(d) Requires a school district to disseminate a testing report to the teacher and the student before the beginning of the following school year. The report must identify the student’s achievement level in each content area, and track the student’s performance history.

Section 8. State growth target; other state measures. Amends the requirement for the commissioner to implement a value-added growth model to require a growth model that compares the difference in students’ achievement scored over time. Strikes the reference to medium and high growth.

Section 9. School performance reports and public reporting. Strikes the references to low, medium, and high growth. Requires the commissioner to include the percentage of students who graduated in the previous school year who correctly answered at least 30 of 50 civics test questions on the school performance report.

Section 10. Possession and use of sunscreen. Permits a school district to allow a student to possess and apply a topical sunscreen during the school day, while on school property, or at a school-sponsored event without a physician’s note. Allows a school district to adopt a policy on student possession and use of sunscreen consistent with the section. Clarifies that school personnel are not required to provide or apply sunscreen.

Section 11. Evaluation of pupil growth and progress; permanent records. Includes competency-based education as an appropriate program of pupil progress and promotion.

Section 12. [PSEO] Definitions.  Allows an opportunities industrialization center accredited by an accreditor recognized by the United States Department of Education to be an eligible institution for the Postsecondary Enrollment Options Program.

Section 13. Authorization; 9th or 10th grade pupil. Allows a 9th or 10th grade student to enroll in a concurrent enrollment course if the course is offered as part of a P-TECH school.

Section 14. Limit on participation. Excludes P-TECH schools from the limits on postsecondary enrollment options.

Section 15. Grants and financial aid prohibited. Clarifies that a student may not receive state student financial aid for a postsecondary course if they are enrolled in a postsecondary course for secondary credit.

Section 16. Aid. Allows an eligible district to receive concurrent enrollment aid for a student enrolled in a P-TECH school.

Section 17. P-TECH Schools.

Subdivision 1. Establishment. (a) Establishes P-TECH schools as a public-private partnership to prepare students for high-skill jobs of the future in growth industries.

(b) Five core benefits must be delivered to students:

  1. A rigorous, relevant, and cost-free education in grades 9 to 14 focused on knowledge and skills needed for science, technology, engineering, and mathematics (STEM) careers;

  2. Workplace learning that includes mentoring, worksite visits, and internships;

  3. Intensive, individualized academic support by both secondary and postsecondary faculty within an academic year or school day that enables students to progress at their own pace;

  4. An opportunity to earn an associate’s degree; and

  5. A commitment to students who complete the program to be first in line for a job with participating business partners following program completion.

Subd. 2. Objectives. (a) Requires a P-TECH school to accomplish the following:

  1. Develop programs of study in high-wage, high-skill, and high-demand career areas;

  2. Align school, college, and community systems in the programs of study developed;

  3. Support strong academic performance by program participants;

  4. Promote informed and appropriate career choices and preparation; and

  5. Ensure that employers in key technical fields have access to a talented and skilled workforce.

(b) Requires students to be able to earn college course credit toward an associate’s degree. Requires career pathways to begin in ninth grade and include workplace learning, high school, and postsecondary coursework.

Subd. 3. Application process. Requires the application to contain the following information:

  1. The written agreement between a public school, a higher education institution, and a business partner;

  2. A proposed school design;

  3. A description of how the P-TECH school supports the need of the economic development region;

  4. A description of the facilities to be used by the P-TECH school;

  5. A description of proposed budgets, curriculum, transportation plans, and other operating procedures;

  6. The process by which students will be enrolled in the P-TECH school;

  7. The qualifications required for individuals employed in the P-TECH school; and

  8. Any additional information required by the commissioner.

Subd. 4. Approval process. Requires the commissioner to appoint an advisory committee to review applications and recommend applications for approval. Requires the commissioner to ensure equitable geographic distribution of P-TECH schools, to the extent practicable.  The first applicants must begin enrolling students in the 2020-2021 school year or later.

Subd. 5. P-TECH support grants. Each school is eligible for a grant to support start-up and ongoing program costs, when an appropriation is available. An approved school is eligible to receive a grant in the year before first enrolling P-TECH students.

Sections 18 to 22. Flexible learning year programs. Allows a school board to establish a flexible learning year program without the commissioner’s approval.

Section 23 to 28. Creation of foundation. Modifies references to “vocational” and “school-to-work” to “career and technical”.

Section 29. Resolution of concurrence. Clarifies that the resolution adopted by the American Indian education parent advisory committee must be submitted to the school board along with reasons for a nonconcurrence with and recommendations for education programs for American Indian students.

Section 30. Initial achievement and integration revenue. Clarifies the calculation for a district’s initial achievement and integration revenue that is transferred to the department for oversite and accountability activities.

Section 31. Medium and high growth. Establishes definitions for medium and high growth for the purposes of calculating literacy incentive aid.

Section 32. Certificate incentive funding.  Cancels $861,000 of the fiscal year 2017 appropriation and returns it to the general fund.

Sections 33 and 34.  Definition.  Clarifies that at least one service cooperative must collaborate to provide career and technical education opportunities for the rural CTE grants established in 2017.

Section 35. Singing-based pilot program to improve student reading. Cancels $230,000 of the fiscal year 2018 appropriation and returns it to the general fund.

Section 36. Collaborative summer intensive program. Establishes an intensive summer school program for grades 5 through 8 in six school districts: Ely, St. Louis County, Mesabi East, Mountain Iron-Buhl, Chisolm, and Hibbing.

Section 37. Cursive handwriting. Directs the commissioner to develop an elementary English language arts model curriculum that is designed to enable student to develop legible cursive handwriting skills by the end of fifth grade.

Section 38. Minnesota Reads Action Council.

Subdivision 1. Establishment. Allows the Commissioner to establish the Minnesota Reads action council.

Subd. 2. Membership. The council must consist of 26 public members.

Subd. 3. Public members. Directs the Commissioner to appoint members as follows:

  1. Two early childhood teachers;

  2. Three reading specialist;

  3. Two adult basic education literacy teachers;

  4. One licensed school media specialist;

  5. One school board member;

  6. One member representing public libraries;

  7. Two literacy researchers;

  8. One member representing Minnesota teacher preparation programs;

  9. One member representing the Minnesota Parent Teacher Association;

  10. One member representing public health;

  11. One member representing Decoding Dyslexia;

  12.  Two school administrators;

  13. Two parents or guardians of elementary-aged children;

  14.  Two students;

  15. One member representing the Minnesota Literacy Council;

  16. One member representing Minnesota Reading Corps; and

  17. Two member representing Minnesota businesses;

Subd. 4. Term. The members serve until the council’s expiration.

Subd. 5. Administration. Requires the Commissioner to provide meeting space and administrative services for the council. The Department’s dyslexia specialist must provide technical assistance to the action council upon request.

Subd. 6. Chairs. A chair and a vice-chair must be elected at the first meeting.

Subd. 7. Meeting. Requires the council to meet periodically.

Subd. 8. No compensation; expenses. Allows public members to receive reimbursement for expenses under section 15.059, subdivision 6.

Subd. 9. Duties. The council must advise the Commissioner on the development, implementation, and evaluation of programs designed to increase the reading proficiency of children and adults. The council must advise the Commissioner on strategies to meet or exceed a 90 percent rate of reading proficiency on the Minnesota Comprehensive Assessments no later than 2025, and meet the legislature’s goal of every student reading at or above grade level no later than the end of third grade.

Subd. 10. Report. Directs the council to submit a report to the legislature on:

  1. The council’s rigorous assessment of the state’s literacy programs for children and adults;

  2. The council’s rigorous assessment of the state’s literacy outcomes for children and adults;

  3. Recommendations for legislative action; and

  4. A plan for a strategic statewide campaign to eliminate child and adult illiteracy.

Subd. 11. Agency coordination. Directs the council to consult with other state agencies and organizations with interest in child and adult literacy.

Subd. 12. Open meetings. The council is subject to Chapter 13D.

Subd. 13. Expiration. The council expires on February 16, 2020.

Section 39. Report on the safety of youth in skilled trades. Directs the Commissioner of Labor and Industry to study ways to allow for the safety of middle and high school aged students who receive hands-on training in skilled trades.  Directs the commissioner to report to the jobs committees and the education committees of the legislature.

Section 40. Appropriations.  See fiscal tracking sheets.

Section 41. Repealer. (a) Repeals Minnesota statutes section 120B.299 (Definitions for growth model).

(b) Repeals Minnesota Rules part 3500.1000 (Flexible Learning Year Programs).

(c) Repeals Laws 2016, chapter 189, article 25, section 62, subdivision 16 (Vision Therapy Grants).

(d) Repeals Laws 2017, First Special Session chapter 5, article 2, section 57, subdivision 15 (Starbase MN appropriation).

Article 3 - Teachers

Section 1. Code of Ethics.

Subdivision 1. Scope. A teacher, upon entering the teaching profession, is obligated to adhere to a set of principles that defines professional conduct.

Subd. 2. Standards of professional conduct. (a) A teacher must provide professional education services in a nondiscriminatory manner, including not discriminating on the basis of political, ideological, or religious beliefs.

(b) A teacher must make a reasonable effort to protect students from conditions harmful to health and safety.

(c) A teacher must disclose confidential information about students only when a compelling professional purpose is served.

(d) A teacher must take reasonable disciplinary action in exercising the authority to provide an atmosphere conducive to learning.

(e) A teacher must not use professional relationships to personal advantage.

(f) A teacher must delegate authority for teaching responsibilities only to licensed personnel.

(g) A teacher must not deliberately suppress or distort subject matter.

(h) A teacher must not knowingly falsify or misrepresent records or facts relating to that teacher’s own qualifications or to other teachers’ qualifications.

(i) A teacher must not knowingly make false or malicious statements about students or colleagues.

(j) A teacher must accept a contract for a teaching position that requires licensing only if properly or provisionally licensed for that position.

(k) A teacher must not engage in any sexual conduct or contact with a student.

Section 2. Public employer compensation reduction prohibited. Prohibits the public employer of a Professional Educator Licensing and Standards Board member from reducing the member’s compensation or benefits because of the member’s absence from employment when engaging in board business.

Section 3. Advise members of the profession. Directs the Professional Educator Licensing and Standards Board to develop a process for a school district or charter school to receive written complaints about a teacher under the code of ethics and forward the complaint to the board.

Section 4. Reading strategies. Requires a teacher preparation program to include research-based best practices in reading in the program. Requires programs preparing elementary education, early childhood education, special education, and reading intervention teachers to include instruction on dyslexia. The instruction on dyslexia 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; and
  4. Outcomes of intervention and lack of intervention for students who show characteristics of dyslexia.

Section 5. Requirements. Allows Professional Educator Licensing and Standards Board to issue a Tier 2 license to an out-of-state candidate that is enrolled in a state-approved teacher preparation program if no licensure program exists in Minnesota.

Section 6. Reading preparation. Requires the rules adopted by the Professional Educator Licensing and Standards Board in further reading preparation to apply to early childhood through grade 8 licensed teachers. The reading preparation must enable a teacher to:

  1. Understand dyslexia and recognize dyslexia characteristics in students; and
  2. Identify and access Department of Education personnel and professional resources using dyslexia best practices.

Directs the Department to provide guidance on evidence-based approaches and best practices for trainings.

Section 7. Grounds for revocation, suspension, or denial. Adds intentional and inappropriate patting, touching, pinching, or other physical contact with a student that is sexually motivated as a grounds for revocation, suspension, or denial of a teaching license. Requires the Professional Educator Licensing and Standards Board or the Board of School Administrators to revoke, suspend, or deny a teaching license if the teacher has engaged in sexual penetration with a student enrolled in a school where the teacher works or volunteers. Allows a person to appeal a decision to revoke, suspend, or deny their license by submitting a written complaint to the appropriate licensing board. Allows the licensing board to temporarily suspend a teacher’s license pending an investigation into a report of conduct that would be grounds for revocation.

Section 8. Exemption for career and technical education instructors. Exempts a person who teaches in a vocational or career and technical education program from the licensure requirement if they can demonstrate occupational competency based on work experience in business or industry. Removes the expiration for this section.

Section 9. Reading preparation. Allows a school district to use its revenue reserved for staff development for grants to teachers to take courses from certain accredited providers.

Section 10. Reading; professional development by accredited providers. Allows a school district to award a grant to an elementary teacher for reimbursement for successfully completing training provided by a Wilson Language Training accredited partners, an International Multisensory Structured Language Education Council accredited provider, or an Academy of Orton-Gillingham Practitioners and Educators accredited training program. Allows the school district to use their literacy incentive aid, reserved revenue for staff development, or other district resources to reimburse the teacher.

Section 11. Establishment. Modifies the Minnesota Indian Teacher Preparatory Program to allow grantees to partner with tribal and community colleges to deliver programming.

Sections 12 & 13. Grant amount. Removes a reference to a student loan program that was never utilized.

Section 14. Eligibility for student grants. Updates language to allow for contracted partnerships. Establishes priority for teacher candidates and teachers.

Section 15. Eligible programming. Allows grants to students progressing toward educational goals in teaching licensure including:

  1. Any educational certification necessary for employment;
  2. Early childhood family education or prekindergarten licensure;
  3. Elementary and secondary education;
  4. School administration; or
  5. Any educational program that provides services to American Indian students in prekindergarten through grade 12.

Requires the grantee institutions and contracted partner institutions to give priority to grants for students progressing towards an associate’s degree or a bachelor’s degree. Students progressing towards a master’s or doctoral degree may be awarded a grant if they were enrolled in the degree granting program before May 1, 2019.

Requires at least 80 percent of the grants awarded to be used for student grants. Limits the amount of the grant award that may be used for recruitment or administration of the student grants.

Section 16. Literacy professional development for teachers.

Subdivision 1. Program. Allows a teacher to participate in a literacy professional development program offered by an eligible training provider. A portion of the teacher’s tuition, room, board, and travel costs incurred may be reimbursed.

Subd. 2. Eligible training providers. An eligible training provider must be:  a Wilson Language Training accredited partner, accredited by the International Multisensory Structured Language Education Council, or accredited by the Academy of Orton-Gillingham Practitioners and Educators.

Subd. 3. Training information report. Directs the commissioner to report to the legislature on the number of teachers participating in the trainings, the schools represented by the teachers in the trainings, the amount expended in the most recent calendar year for tuition, room, board, and travel costs; and recommendations to improve training for teachers.

Section 17. Hiring bonus. Allows a school board to give a hiring bonus to a teacher licensed in or working in a shortage area. Allows a teacher trained by: a Wilson Language Training accredited partner, an International Multisensory Structured Language Education Council accredited provider, or an Academy of Orton-Gillingham Practitioners and Educators accredited program to be considered a teacher licensed in or working in a shortage area. The school board must establish criteria for repayment of a hiring bonus and use its discretion if the bonus is onetime or ongoing.

Section 18. Allowed use. Allows a school to use literacy incentive aid for staff development by accredited providers or any other school-related purpose. The providers must be a Wilson Language Training accredited partner, an International Multisensory Structured Language Education Council accredited provider, or an Academy of Orton-Gillingham Practitioners and Educators accredited program

Section 19. Establishment; eligibility. Allows the Commissioner of Higher Education to award an alternative teacher preparation program grant to a program that has previously received a grant.

Section 20. Northwest regional partnership concurrent enrollment program. Cancels $1,500,000 of the fiscal year 2017 appropriation and returns it to the general fund.

Section 21. Report: Teacher Preparation Development. Directs the Professional Educator Licensing and Standards Board to provide a preliminary report on teacher preparation development on 122A.092, subdivision 5, paragraph (c), instruction on dyslexia.

Section 22. Appropriations. See fiscal tracking sheets.

Section 23. Repealer. (a) Repeals sections 122A.09, subdivision 1(Code of Ethics) and 122A.63, subdivisions 7 & 8 (Grants to prepare Indian teachers; loans.). (b) Repeals Minnesota Rules part 8710.2100, subparts 1 & 2 (Code of Ethics for Minnesota Teachers).

Article 4 - Special Education

Section 1. Individualized education programs. Clarifies that a student’s individualized education program (IEP) may include student performance data related to the student’s educational needs. Allows a district to use a functional behavior assessment as a stand-alone evaluation for a student’s IEP.  Allows a parent to request a comprehensive evaluation.

Section 2. Additional requirements for prior written notice. Modifies the requirements for prior written notice. Requires that if a parent objects to a proposal or refusal, the prior written notice must identify the objectionable portion. Allows the parent to request a meeting of the IEP team. 

Section 3. Conciliation conference. Clarifies that a parent may request a meeting with the student’s IEP team or a meeting with the appropriate staff in a conciliation conference. Specifies that a conciliation conference must be held within ten calendar days of the request.

Section 4. Appropriations. See fiscal tracking sheets.

Article 5 - School Safety

Section 1. Mental health education. Requires the Commissioner of Education to provide districts with mental health resources, including resources on suicide and self-harm prevention, intended for students beginning in grade four.

Section 2. School floor plans. Requires a district or charter school to provide law enforcement or emergency management officials with school floor plans for use in crisis situations.

Section 3. Safety assessment policy. Requires a school district and charter school to adopt a safety assessment policy consistent with the recommendations of the Minnesota school safety center. Requires provisions for parent notification and student referral. Clarifies that school personnel may act immediately to address an imminent threat.

Section 4. Purchase of certain equipment. Clarifies that a school district may issue bonds or capital notes to purchase certain safety-related equipment. Authorizes a district to service those bonds or notes with safe schools revenue.

Section 5. Certain federal, state, and local requirements. Requires a charter school to adopt a safety assessment policy.

Section 6. Safe schools revenue.

Subd. 1. Safe schools revenue. Defines safe schools revenue to be equal to the sum of a district’s safe schools levy and its safe schools aid.

Subd. 2. Safe schools levy. Provides that a district’s initial safe schools levy is equal to $36 times the adjusted pupil units for that school year. Provides that, for a district that is a member of an intermediate district, the intermediate safe schools levy equals $15 times the adjusted pupil units for that school year.

Subd. 3. Safe schools aid. Creates a new aid component of safe schools revenue. Provides that the safe schools aid for a school district equals $38 times the adjusted pupil units for that school year. Guarantees that a district generates at least $32,000 in safe schools revenue.

Subd. 3a. Intermediate district revenue transfer. Requires that intermediate safe schools revenue be transferred to the intermediate district of which the district is a member and used only for safe schools purposes.

Subd. 4. Safe schools revenue for a charter school. Provides safe schools aid for a charter school equal to $38 times the adjusted pupil units for that school year. Requires that the revenue be used for safe schools purposes or for facility security improvements not funded by charter school lease aid.

Subd. 5. Uses of safe schools revenue. Adds school-linked mental health services, cybersecurity, and debt service for certain equipment to the allowed uses of safe schools revenue. Makes other technical changes.

Subd. 6. Report. Requires the Commissioner of Education to make a report to the legislature describing safe schools revenue expenditures by school district for each of the allowable uses.

Section 7.  School-linked mental health grants.

Subd. 1.  Establishment.  Directs the Commissioner of Human Services to establish a school-linked mental health grant program.

Subd. 2.  Eligible participants.  Defines the criteria for eligible applicants to qualify for school-linked mental health grants.

Subd. 3.  Allowable grant activities and related expenses.  Provides a list of allowable grant activities.

Subd. 4.  Data collection and outcome measurement.  Requires grantees to provide data to the commissioner to evaluate program effectiveness.

Subd. 5.  Specialized grants.  State that applicants under subdivision 2, serving a public school program that provides instruction to students in a setting of federal instructional level four or higher are eligible for specialized grants.  Establishes a priority for programs working with schools that previously received grants.  Allows additional grants to be made available to eligible applicants under subdivision 2 who cooperate with programs operated by public schools or cooperatives.  Allows specialized grants to be used to develop innovative therapeutic teaching models.

Section 8. Duties of fire marshal. Authorizes the fire marshal to require at least five annual fire drills, including at least four evacuation drills.

Section 9. Fire drill. Authorizes schools to conduct an alternative fire drill that does not require immediate evacuation. Requires schools to work with fire officials or law enforcement on such drills.

Section 10. Definitions. Adds a cross-reference to the definition of “sexual abuse” under the Maltreatment of Minors Act to allow the Department of Education to investigate behaviors that fall under that statute for maltreatment.

Section 11. Agency responsible for assessing or investigating reports of maltreatment. Requires the department to investigate allegations of maltreatment involving students ages 18 to 21 until graduation.

Section 12. Appropriations. See fiscal tracking sheets.

Article 6 - Facilities, Fund Transfers, and Accounting

Section 1. Frequency of testing. Adds charter schools to testing requirements. Requires a school district or charter school that finds lead in cooking or drinking water to formulate, make publicly available, and implement a plan consistent with established guidelines and recommendations to ensure student exposure to lead is minimized.

Section 2. Reporting. Adds charter schools to reporting requirement. Requires districts and charter schools to follow actions in guidance from the Commissioners of Health and Education. Requires districts and charter schools to remediate the presence of lead to below the level set in the guidance, verified by retest, or directly notify parents of the result. Requires a district or charter school to make the water source unavailable until the hazard has been minimized.

Section 3. Notification of Environmental Hazards. Requires a school to notify school staff, students, and parents of a hazard, if the Department of Health or Pollution Control Agency notified them of environmental hazards that may affect the health of students or school staff.

Section 4. Disposing of surplus school computers.  In addition to authority available under current law to transfer surplus school computers to another school district, the state Department of Corrections, the Minnesota State system, or a family in the school district whose income is at or below the federal poverty level, authorizes a school district to sell or give a surplus computer to currently-enrolled district students who intend to enroll the following year. Requires the district to give priority to those students eligible for free or reduced-price meals and distribute the remaining computers by lottery.

Section 5Energy use reduction and reporting for public schools. Requires a public school or school district to enter and maintain monthly consumption data into the Minnesota B3 benchmarking program for each school building.

Section 6.  District aid. Modifies the calculation of a district’s Internet access equity aid if the district is not part of an organized telecommunications access cluster.

Section 7.  Telecommunications/Internet access services for nonpublic schools. Amends the calculation of a school district’s aid for providing services to a nonpublic school to be the lesser of the nonpublic school’s approved costs for the previous fiscal year or the product of the district’s aid per pupil times the number of weighted pupils enrolled at the nonpublic school the previous school year.

Section 8. Sample ballot, posting. Requires a summary of the Commissioner’s review and comment to be posted in the same manner as a sample ballot for a school district general or special election to authorize issuance of bonds to finance a capital project requiring review and comment.

Section 9. Agreement. Modifies the joint exercise of powers section of the municipal rights, powers, and duties chapter to include service cooperatives and charter schools in the definition of “governmental unit.”

Section 10. Proper use of bond proceeds. Requires proceeds from obligations issued after an election to be used only for the purposes stated in the ballot language. Prohibits proceeds from being spent for a different purpose.

Section 11. Generally; notice. Requires the ballot question submitted by a school board to state the name of the plan being proposed by the district as submitted to the Commissioner for review and comment.

Section 12. Fund transfers.

Subd. 1. Truman. Authorizes the Truman school district to transfer up to $65,000 from its early childhood and family education reserve account and $45,000 from its school readiness reserve account in the community service fund to its undesignated general fund.

Subd. 2. Minnetonka. Authorizes the Minnetonka school district to transfer up to $3.3 million from its community education reserve account to its reserved for operating capital account for the construction costs associated with the district’s early childhood or community education spaces.

Subd. 3. Hopkins. Authorizes the Hopkins school district to transfer up to $500,000 from its community education reserve account to the reserved operating capital account in its general fund for the costs of constructing and equipping an early childhood classroom addition.

Section 13Appropriations. See fiscal tracking sheets.

Article 7 -  Nutrition and Libraries

Section 1. School Meals Policies; Lunch Aid; Food Service Accounting.

Subdivision 1. School meals policies. Requires each participant in the national school lunch program to adopt a school meals policy. The policy must be reasonable and well-defined and maintain the dignity of students by prohibiting lunch shaming.

Section 2. Appropriations. See fiscal tracking sheets.

Article 8 - Early Childhood

Section 1. Eligibility for voluntary prekindergarten programs. Clarifies that an eligible four-year-old child served in a mixed-delivery system by a child care center, family child care program, or community-based organization may be charged a fee only if the mixed delivery partner was not awarded a funded seat for that child.

Section 2. Financial accounting. Requires a school district or charter school to record expenditures attributable to voluntary prekindergarten programs according to department guidelines.

Section 3. Kindergarten readiness assessment. Requires the commissioner to implement a kindergarten readiness assessment and provide districts with a voluntary process for readiness measurement. Requires that the measurement tools be research based, developmentally appropriate, valid and reliable, and aligned to the state early childhood indicators of progress and kindergarten academic standards. Requires districts that voluntarily use the assessment to report results to the commissioner. Requires the commissioner to integrate results into the statewide longitudinal data systems.

Section 4. Family eligibility. Eliminates the need for parents to verify income for homeless children or children in need of protective services. Prohibits families disqualified from the child care assistance program from receiving early learning scholarships. Extends eligibility for a scholarship to children age 6. Makes other technical changes.

Section 5. Administration. For fiscal year 2020 and later, limits the number of scholarship slots designated by the commissioner for a program to not exceed the number designated for that program in fiscal year 2019. Clarifies that children receiving early learning scholarships are required to receive an early learning developmental screening within 90 days of their third birthday, but not before, for those children who receive a scholarship at an earlier age.

Section 6. Transitional scholarship seats. Directs the commissioner to give scholarship priority to applicants in school districts with temporary VPK and School Readiness Plus seats expiring after the 2018-2019 school year.

Section 7. Early childhood program eligibility. Extends the deadline for programs to have a three or four-star rating in the Parent Aware system. Provides that a child who was attending a program before that deadline may continue to attend the program with a scholarship. Strikes an obsolete provision that allowed the early learning scholarship pilot sites to participate in the statewide program prior to becoming rated through the state’s quality rating and improvement system. Prohibits a program that is disqualified from the child care assistance program or otherwise unauthorized from receiving early learning scholarship funds.

Section 8. Data sharing. Authorizes DHS to share with MDE data on the child care assistance program disqualification for the purpose of determining early learning scholarship eligibility. Authorizes MDE to share the same data with an early learning scholarship area administrator.

Section 9. Early learning scholarship account. Creates an early learning scholarship account in the special revenue fund.  Transfers all appropriations for early learning scholarships to this account and annually appropriates this money to the commissioner for early learning scholarships. Makes permanent an appropriation from the account of $950,000 per year for MDE administration of the program.

Section 10. Early learning scholarships. Cancels a portion of the 2019 appropriation for early learning scholarships and returns it to the general fund.

Section 11. Appropriations. See fiscal tracking sheets.

Article 9 - Community Education and Lifelong Learning

Section 1. Advisory council. Requires that each district’s community education advisory council make written recommendations to the community education director and to the school board on the use of general community education revenue. Requires that a school board take public testimony on the advisory council's written recommendations.

Section 2. Uses of general revenue. Authorizes a district to use general community education revenue for programs or services, including programs offered by other nonschool organizations, that promote the goals of both general education and community education and serves the needs of school district staff, students, and residents.

Section 3. Reserve account. Authorizes a district to transfer funds from the community education reserve account to finance capital and facility needs that are primarily used by community education programs.

Section 4. State total adult basic education aid. Clarifies that the contact hour adjustment on ABE aid must not be less than 1.0.

Section 5. Administration; design. Modifies the program requirements for the education partnership coalition program.

Section 6. Appropriations. See fiscal tracking sheets.

Article 10 - State Agencies

Section 1. Fee.   Increases school administrator's fees from $75 to $100. Requires administrator license fees to be deposited in the general fund.

Section 2. Background checks. Requires background check fees to be deposited in the general fund.

Section 3. Licensure applications. Requires licensure application fees to be deposited in the state treasury.

Section 4. Rental income; appropriation. Requires all rental income earned by the Minnesota State Academies be deposited into a special revenue fund. Money in the account is annually appropriated to the Minnesota State Academies for staff development purposes.

Section 5. Eligibility bylaws, policies, and procedures.

Subd. 1. Public input and access to proposed eligibility bylaws, policies, and procedures. Clarifies the requirements for public notice and public hearings of proposed changes to league eligibility bylaws, policies, and procedures. Reduces the number of parent/guardian requests necessary to require that a hearing be conducted by an administrative law judge or a person contracted by the Office of Administrative Hearings. Requires the league to maintain a public docket of historical and proposed changes to eligibility bylaws, policies, and procedures. Requires the league to post notice and proposed changes to eligibility bylaws, policies, and procedures no later than 30 days prior to board meetings. Requires the league to indicate publication dates on the league handbook and other advisory documents concerning eligibility and remove duplicate policies and procedures.

Subd. 2. Eligibility review process. Requires the league to establish a process for student eligibility review that provides students and parents an opportunity to present information. Requires the league to publish general criteria by which a request for a review may qualify for a review by the league’s eligibility committee or further review by an independent hearing officer and the conditions, timelines, and procedures for such reviews. Requires the league to provide specific reasons for denying a request for review when a request is denied. Provides that the eligibility review process does not create a property right or liberty interest in extracurricular varsity athletic competition.

Section 6. League information review and report; commissioner recommendations. Transfers responsibility for annual information review from the commissioner to the league. Requires that the league annually evaluate current and proposed bylaws, procedures, policies, and definitions for compliance with Minnesota Department of Education programs and state and federal law. Requires that the league annually review any recent or proposed changes to eligibility bylaws, policies, and procedures. Requires that the league post its review on the league Web site and deliver a copy to the commissioner and the legislature.

Section 7. Transfers.            

Subd. 1. Portfolio account. Removes the commissioner of management and budget’s authority to transfer any balances in the education licensure portfolio account in the general fund to the educator licensure account in the special revenue fund.

Subd. 2. Background check. Transfers any unspent balances in any account for teacher licensure background check fees to the general fund.

Section 8. Department. Strikes language for the Board of School Administrators directing future appropriations to be made from the special revenue fund. Cancels $2 million from the fiscal year 2019 to the Department of Education for legal fees.

Section 9. Appropriations; Perpich Center for Arts Education. Cancels $800,000 from the fiscal year 2019 appropriation to the Perpich Center for severance costs related to the closure of the Crosswinds school.

Section 10. Appropriations; Department of Education. Establishes the agency’s budget. See fiscal tracking sheets.

Section 11. Appropriations; Perpich Center for Arts Education. Establishes the agency’s budget. See fiscal tracking sheets.

Section 12. Appropriations; Professional Educator Licensing and Standards Board. Establishes the board’s budget. See fiscal tracking sheets.

Section 13. Appropriations; Minnesota State Academies. Establishes the agency’s budget. See fiscal tracking sheets.

Section 14. Repealer.

  1. Repeals section 122A.175, the special revenue fund accounts for educator licensure and background check fee revenue. Repeals section 128C.02, subdivision 6, a duplicative annual high school league reporting requirement
  2. Repeals a reference to the educator licensure background check account in the special revenue fund which would be effective on July 1, 2019.

Article 11 - Forecast Adjustments

See fiscal tracking sheets.

AMB/BA/JH/syl

 
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