Journal of the House - 23rd Day - Monday, March 18, 2019 - Top of Page 1137

STATE OF MINNESOTA

 

Journal of the House

 

NINETY-FIRST SESSION - 2019

 

_____________________

 

TWENTY-THIRD DAY

 

Saint Paul, Minnesota, Monday, March 18, 2019

 

 

      The House of Representatives convened at 3:30 p.m. and was called to order by Melissa Hortman, Speaker of the House.

 

      Prayer was offered by the Reverend Kari Williamson, Lutheran Church of the Cross, Nisswa, 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

Albright

Anderson

Bahner

Bahr

Baker

Becker-Finn

Bennett

Bernardy

Bierman

Boe

Brand

Cantrell

Carlson, A.

Carlson, L.

Christensen

Claflin

Considine

Daniels

Daudt

Davids

Davnie

Dehn

Demuth

Dettmer

Drazkowski

Ecklund

Edelson

Elkins

Erickson

Fabian

Fischer

Freiberg

Garofalo

Gomez

Green

Gruenhagen

Gunther

Haley

Halverson

Hamilton

Hansen

Hassan

Hausman

Heinrich

Heintzeman

Her

Hertaus

Hornstein

Howard

Huot

Johnson

Jurgens

Kiel

Klevorn

Koegel

Kotyza-Witthuhn

Koznick

Kresha

Kunesh-Podein

Layman

Lee

Lesch

Liebling

Lien

Lippert

Lislegard

Loeffler

Long

Lucero

Lueck

Mahoney

Mann

Mariani

Marquart

Masin

McDonald

Mekeland

Miller

Moller

Moran

Morrison

Munson

Murphy

Nelson

Neu

Noor

Nornes

O'Driscoll

Olson

O'Neill

Pelowski

Persell

Petersburg

Pierson

Pinto

Poppe

Poston

Pryor

Quam

Richardson

Robbins

Runbeck

Sandell

Sandstede

Sauke

Schomacker

Schultz

Scott

Stephenson

Sundin

Swedzinski

Tabke

Theis

Torkelson

Urdahl

Vang

Vogel

Wagenius

Wazlawik

Winkler

Wolgamott

Xiong, J.

Xiong, T.

Youakim

Zerwas

Spk. Hortman


 

      A quorum was present.

 

      Backer, Franson, Grossell, Nash and West were excused.

 

      Lillie 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.


Journal of the House - 23rd Day - Monday, March 18, 2019 - Top of Page 1138

PETITIONS AND COMMUNICATIONS

 

 

      The following communication was received:

 

 

STATE OF MINNESOTA

OFFICE OF THE GOVERNOR

SAINT PAUL 55155

 

March 12, 2019

 

The Honorable Melissa Hortman

Speaker of the House of Representatives

The State of Minnesota

 

Dear Speaker Hortman:

 

      I respectfully request the opportunity to address a joint meeting of the Session of the 91st Minnesota Legislature on Wednesday, April 3, 2019 at 7:00 p.m. in the House Chamber at the Capitol for the purpose of presenting my State of the State message.

 

      Thank you.

 

 

                                                                                                                                Sincerely,

 

                                                                                                                                Tim Walz

                                                                                                                                Governor

 

 

      Winkler moved that an invitation be extended to the Governor to address a Joint Convention of the House of Representatives and the Senate to be held in the House Chamber at 7:00 p.m., Wednesday, April 3, 2019; that the Chief Clerk be instructed to invite the Senate by message to meet in Joint Convention to convene at 6:45 p.m.; that the Governor be advised accordingly; and that the Speaker appoint a committee of five members of the House of Representatives to act with a similar committee to be appointed by the Senate to escort the Governor to the Joint Convention.  The motion prevailed.

 

 

REPORTS OF STANDING COMMITTEES AND DIVISIONS

 

 

Halverson from the Committee on Commerce to which was referred:

 

H. F. No. 3, A bill for an act relating to health care; establishing OneCare Buy-In; establishing outpatient prescription drug program; modifying provisions governing dental administration; modifying provisions governing health care; requiring studies and reports; amending Minnesota Statutes 2018, sections 62J.497, subdivision 1;


Journal of the House - 23rd Day - Monday, March 18, 2019 - Top of Page 1139

256B.0644; 256B.69, subdivisions 6d, 35; 256B.76, subdivisions 2, 4; 256L.03, by adding a subdivision; 256L.11, subdivision 7; proposing coding for new law in Minnesota Statutes, chapters 256B; 256L; proposing coding for new law as Minnesota Statutes, chapter 256T; repealing Minnesota Statutes 2018, section 256L.11, subdivision 6a.

 

Reported the same back with the recommendation that the bill be re-referred to the Committee on Government Operations.

 

      The report was adopted.

 

 

Freiberg from the Committee on Government Operations to which was referred:

 

H. F. No. 142, A bill for an act relating to military affairs; requiring counties to provide pay differential to employees while mobilized in the United States military's reserve component; amending Minnesota Statutes 2018, section 471.975.

 

Reported the same back with the recommendation that the bill be re-referred to the Committee on Ways and Means.

 

      The report was adopted.

 

 

Hornstein from the Transportation Finance and Policy Division to which was referred:

 

H. F. No. 145, A bill for an act relating to transportation; amending a window glazing exception related to prescription or medical needs; amending Minnesota Statutes 2018, section 169.71, subdivision 4.

 

Reported the same back with the following amendments:

 

Page 2, line 1, before "Subdivision" insert "(a)"

 

Page 2, lines 9 to 11, delete the new language

 

Page 2, lines 12 to 15, reinstate the stricken language and delete the new language

 

Page 2, after line 25, insert:

 

"(b) For the purposes of paragraph (a), clause (2), a driver of a vehicle may rely on a prescription or physician's statement of medical need issued to a person not present in the vehicle if:

 

(1) the prescription or physician's statement of medical need is issued to the driver's parent, child, grandparent, sibling, or spouse;

 

(2) the prescription or physician's statement of medical need specifies the make, model, and license plate of one or two vehicles that will have tinted windows; and

 

(3) the driver is in possession of the prescription or physician's statement of medical need.

 

EFFECTIVE DATE.  Paragraph (b) is effective on November 1, 2019.


Journal of the House - 23rd Day - Monday, March 18, 2019 - Top of Page 1140

Sec. 2.  PRESCRIPTION FOR GLAZED WINDOWS.

 

Until November 1, 2019, for the purposes of Minnesota Statutes, section 169.71, subdivision 4a, paragraph (b), clause (2), a driver of a vehicle may rely on a prescription or physician's statement of medical need issued to a person not present in the vehicle if:

 

(1) the prescription or physician's statement of medical need is issued to a family member of the driver; and

 

(2) the driver is in possession of the prescription or physician's statement of medical need.

 

EFFECTIVE DATE.  This section is effective the day following final enactment."

 

 

With the recommendation that when so amended the bill be placed on the General Register.

 

      The report was adopted.

 

 

Moran from the Committee on Health and Human Services Policy to which was referred:

 

H. F. No. 147, A bill for an act relating to human services; allowing community paramedics and community medical response emergency medical technicians to provide telemedicine services; amending Minnesota Statutes 2018, section 256B.0625, subdivision 3b.

 

Reported the same back with the following amendments:

 

Page 3, line 1, delete everything after the second comma

 

Page 3, line 2, delete everything before "or"

 

 

With the recommendation that when so amended the bill be re-referred to the Committee on Ways and Means.

 

      The report was adopted.

 

 

Hornstein from the Transportation Finance and Policy Division to which was referred:

 

H. F. No. 253, A bill for an act relating to transportation; modifying the special paper products vehicle permit; amending Minnesota Statutes 2018, section 169.864, subdivision 1.

 

Reported the same back with the recommendation that the bill be placed on the General Register.

 

      The report was adopted.

 

 

Hornstein from the Transportation Finance and Policy Division to which was referred:

 

H. F. No. 302, A bill for an act relating to transportation; allowing a person diagnosed with an autism spectrum disorder or a mental health condition to request a disability designation on a driver's license or identification card; amending Minnesota Statutes 2018, section 171.07, subdivision 17.

 

Reported the same back with the following amendments:


Journal of the House - 23rd Day - Monday, March 18, 2019 - Top of Page 1141

Delete everything after the enacting clause and insert:

 

"Section 1.  Minnesota Statutes 2018, section 171.07, is amended by adding a subdivision to read:

 

Subd. 6a.  Autism spectrum or mental health identifier.  Upon the written request of the applicant, the department shall issue a driver's license or Minnesota identification card bearing a graphic or written identifier for an autism spectrum disorder, as defined in section 62A.3094, subdivision 1, paragraph (b), or mental health condition.  The applicant must submit the written request for the identifier at the time the photograph or electronically produced image is taken.  The commissioner must not include any specific medical information on the driver's license or Minnesota identification card."

 

Correct the title numbers accordingly

 

 

With the recommendation that when so amended the bill be re-referred to the Committee on Ways and Means.

 

      The report was adopted.

 

 

Lesch from the Judiciary Finance and Civil Law Division to which was referred:

 

H. F. No. 342, A bill for an act relating to human services; establishing the Minnesota African American Family Preservation and Child Welfare Disproportionality Act; creating an African American and Disproportionality Child Welfare Oversight Council; requiring a report; appropriating money; amending Minnesota Statutes 2018, section 260C.329, subdivisions 3, 7, 8, by adding a subdivision; proposing coding for new law in Minnesota Statutes, chapter 260; repealing Minnesota Statutes 2018, section 260C.329, subdivision 5.

 

Reported the same back with the following amendments:

 

Page 2, lines 4 and 5, delete "any of the black racial groups of"

 

 

With the recommendation that when so amended the bill be re-referred to the Committee on Ways and Means.

 

      The report was adopted.

 

 

Halverson from the Committee on Commerce to which was referred:

 

H. F. No. 453, A bill for an act relating to agriculture; excluding sales of off-sale alcoholic beverages when determining a food handler license fee; amending Minnesota Statutes 2018, section 28A.16.

 

Reported the same back with the recommendation that the bill be re-referred to the Committee on Ways and Means.

 

      The report was adopted.


Journal of the House - 23rd Day - Monday, March 18, 2019 - Top of Page 1142

Moran from the Committee on Health and Human Services Policy to which was referred:

 

H. F. No. 486, A bill for an act relating to health insurance; requiring coverage for hearing aids for individuals older than 18 years of age; amending Minnesota Statutes 2018, section 62Q.675.

 

Reported the same back with the recommendation that the bill be re-referred to the Committee on Ways and Means.

 

      The report was adopted.

 

 

Freiberg from the Committee on Government Operations to which was referred:

 

H. F. No. 511, A bill for an act relating to local government; repealing the prohibition on local ordinances governing plastic bags and similar items; repealing Minnesota Statutes 2018, section 471.9998.

 

Reported the same back with the recommendation that the bill be placed on the General Register.

 

      The report was adopted.

 

 

Halverson from the Committee on Commerce to which was referred:

 

H. F. No. 533, A bill for an act relating to health; requiring attorney general review and approval of conversion transactions by nonprofit health care entities; requiring all net earnings of a nonprofit health maintenance organization to be used for nonprofit purposes; extending a moratorium on conversion transactions; amending Minnesota Statutes 2018, sections 62D.12, by adding a subdivision; 317A.811, subdivision 1; Laws 2017, First Special Session chapter 6, article 5, section 11; proposing coding for new law in Minnesota Statutes, chapters 62C; 62D.

 

Reported the same back with the following amendments:

 

Page 2, after line 2, insert:

 

"EFFECTIVE DATE.  This section is effective July 1, 2019."

 

Pages 2 to 8, delete sections 2 to 8 and insert:

 

"Sec. 2.  [62C.045] APPLICATION OF OTHER LAWS.

 

Sections 62D.046 to 62D.047 and Laws 2017, First Special Session chapter 6, article 5, section 11, as amended by section 7 of this act, apply to service plan corporations operating under this chapter.

 

EFFECTIVE DATE.  This section is effective July 1, 2019.

 

Sec. 3.  [62D.046] NONPROFIT HEALTH CARE ENTITY CONVERSIONS; DEFINITIONS.

 

Subdivision 1.  Application.  The definitions in this section apply to this section and section 62D.047.

 

Subd. 2.  Commissioner.  "Commissioner" means the commissioner of commerce for a nonprofit health care entity that is a nonprofit health service plan corporation operating under chapter 62C, or the commissioner of health for a nonprofit health care entity that is a nonprofit health maintenance organization operating under this chapter.


Journal of the House - 23rd Day - Monday, March 18, 2019 - Top of Page 1143

Subd. 3.  Conversion benefit entity.  "Conversion benefit entity" means a foundation, corporation, limited liability company, trust, partnership, or other entity that receives, in connection with a conversion transaction, the value of any public benefit assets, in accordance with section 62D.047, subdivision 7.

 

Subd. 4.  Conversion transaction or transaction.  "Conversion transaction" or "transaction" means a transaction otherwise permitted by applicable law in which a nonprofit health care entity:

 

(1) merges, consolidates, converts, or transfers all or a material amount of its assets to any entity except a corporation that is also exempt under United States Code, title 26, section 501(c)(3);

 

(2) makes a series of separate transfers within a 24-month period that in the aggregate constitute a transfer of all or a material amount of the nonprofit health care entity's assets to any entity except a corporation that is also exempt under United States Code, title 26, section 501(c)(3); or

 

(3) adds or substitutes one or more members that effectively transfers the control, responsibility for, or governance of the nonprofit health care entity to any entity except a corporation that is also exempt under United States Code, title 26, section 501(c)(3).

 

Subd. 5.  Corporation.  "Corporation" has the meaning given in section 317A.011, subdivision 6, and also includes a nonprofit limited liability company organized under section 322C.1101.

 

Subd. 6.  Director.  "Director" has the meaning given in section 317A.011, subdivision 7.

 

Subd. 7.  Family member.  "Family member" means a spouse, parent, child, spouse of a child, brother, sister, or spouse of a brother or sister.

 

Subd. 8.  Full and fair value.  "Full and fair value" means the amount that the public benefit assets of the nonprofit health care entity would be worth if the assets were equal to stock in the nonprofit health care entity, if the nonprofit health care entity was a for-profit corporation, and if the nonprofit health care entity had 100 percent of its stock authorized by the corporation and available for purchase without transfer restrictions.  The valuation shall consider market value, investment or earning value, net asset value, goodwill, the amount of donations received, and a control premium, if any.

 

Subd. 9.  Key employee.  "Key employee" means a person, regardless of title, who:

 

(1) has responsibilities, power, or influence over an organization similar to those of an officer or director;

 

(2) manages a discrete segment or activity of the organization that represents ten percent or more of the activities, assets, income, or expenses of the organization, as compared to the organization as a whole; or

 

(3) has or shares authority to control or determine ten percent or more of the organization's capital expenditures, operating budget, or compensation for employees.

 

Subd. 10.  Material amount.  "Material amount" means the lesser of ten percent of a nonprofit health care entity's total net admitted assets as of December 31 of the preceding year, or $10,000,000.

 

Subd. 11.  Member.  "Member" has the meaning given in section 317A.011, subdivision 12.

 

Subd. 12.  Nonprofit health care entity.  "Nonprofit health care entity" means a nonprofit health service plan corporation operating under chapter 62C, a nonprofit health maintenance organization operating under chapter 62D, a corporation that can effectively exercise control over a nonprofit health service plan corporation or a nonprofit health maintenance organization, or any other entity that is effectively controlled by a corporation operating a nonprofit health service plan corporation or a nonprofit health maintenance organization.


Journal of the House - 23rd Day - Monday, March 18, 2019 - Top of Page 1144

Subd. 13.  Officer.  "Officer" has the meaning given in section 317A.011, subdivision 15.

 

Subd. 14.  Public benefit assets.  "Public benefit assets" means the entirety of a nonprofit health care entity's assets, whether tangible or intangible, including but not limited to its goodwill and anticipated future revenue.

 

Subd. 15.  Related organization.  "Related organization" has the meaning given in section 317A.011, subdivision 18.

 

EFFECTIVE DATE.  This section is effective July 1, 2019.

 

Sec. 4.  [62D.047] NONPROFIT HEALTH CARE ENTITY CONVERSION TRANSACTIONS; REVIEW, NOTICE, APPROVAL.

 

Subdivision 1.  Certain conversion transactions prohibited.  A nonprofit health care entity shall not enter into a conversion transaction if a person who has been an officer, director, or key employee of the nonprofit health care entity or of a related organization, or a family member of such a person:

 

(1) has received or will receive any type of compensation or other financial benefit, directly or indirectly, in connection with the conversion transaction;

 

(2) has held or will hold, whether guaranteed or contingent, an ownership stake, stock, securities, investment, or other financial interest in an entity to which the nonprofit health care entity transfers public benefit assets in connection with the conversion transaction;

 

(3) has received or will receive any type of compensation or other financial benefit from an entity to which the nonprofit health care entity transfers public benefit assets in connection with a conversion transaction;

 

(4) has held or will hold, whether guaranteed or contingent, an ownership stake, stock, securities, investment, or other financial interest in an entity that has or will have a business relationship with an entity to which the nonprofit health care entity transfers public benefit assets in connection with the conversion transaction; or

 

(5) has received or will receive any type of compensation or other financial benefit from an entity that has or will have a business relationship with an entity to which the nonprofit health care entity transfers public benefit assets in connection with the conversion transaction.

 

Subd. 2.  Attorney general notice required.  (a) Before entering into a conversion transaction, a nonprofit health care entity must notify the attorney general according to section 317A.811.  In addition to the elements listed in section 317A.811, subdivision 1, the notice required by this subdivision must also include an itemization of the nonprofit health care entity's public benefit assets and the valuation the nonprofit health care entity attributes to those assets; a proposed plan for the distribution of the value of those assets to a conversion benefit entity that meets the requirements of subdivision 4; and other information from the nonprofit health care entity or the proposed conversion benefit entity that the attorney general reasonably considers necessary to review the proposed conversion transaction under subdivision 3.

 

(b) At the time the nonprofit health care entity provides the attorney general with the notice and other information required under this subdivision, the nonprofit health care entity must also provide a copy of the notice and other information required under this subdivision to the commissioner.  If the attorney general requests additional information from a nonprofit health care entity in connection with its review of a proposed conversion transaction, the nonprofit health care entity must also provide a copy of this information to the commissioner, at the time this information is provided to the attorney general.


Journal of the House - 23rd Day - Monday, March 18, 2019 - Top of Page 1145

Subd. 3.  Review elements.  (a) The attorney general may approve, conditionally approve, or disapprove a proposed conversion transaction under this section.  In determining whether to approve, conditionally approve, or disapprove a proposed transaction, the attorney general, in consultation with the commissioner, shall consider any factors the attorney general considers relevant in evaluating whether the proposed transaction is in the public interest, including whether:

 

(1) the proposed transaction complies with chapters 317A and 501B and other applicable laws;

 

(2) the proposed transaction involves or constitutes a breach of charitable trust;

 

(3) the nonprofit health care entity will receive full and fair value for its public benefit assets;

 

(4) the value of the public benefit assets to be transferred has been manipulated in a manner that causes or has caused the value of the assets to decrease;

 

(5) the proceeds of the proposed transaction will be used in a manner consistent with the public benefit for which the assets are held by the nonprofit health care entity;

 

(6) the proposed transaction will result in a breach of fiduciary duty, as determined by the attorney general, including whether:

 

(i) conflicts of interest exist related to payments to or benefits conferred upon officers, directors, or key employees of the nonprofit health care entity or a related organization;

 

(ii) the nonprofit health care entity's directors exercised reasonable care and due diligence in deciding to pursue the transaction, in selecting the entity with which to pursue the transaction, and in negotiating the terms and conditions of the transaction; and

 

(iii) the nonprofit health care entity's directors considered all reasonably viable alternatives, including any competing offers for its public benefit assets, or alternative transactions;

 

(7) the transaction will result in financial benefit to a person, including owners, directors, officers, or key employees of the nonprofit health care entity or of the entity to which the nonprofit health care entity proposes to transfer public benefit assets;

 

(8) the conversion benefit entity meets the requirements in subdivision 4; and

 

(9) the attorney general and the commissioner have been provided with sufficient information by the nonprofit health care entity to adequately evaluate the proposed transaction and its effects on the public and enrollees, provided the attorney general or commissioner has notified the nonprofit health care entity or the proposed conversion benefit entity if the information provided is insufficient and has provided the nonprofit health care entity or proposed conversion benefit entity with a reasonable opportunity to remedy that insufficiency.

 

(b) In addition to the elements in paragraph (a), the attorney general shall also consider public comments received under subdivision 5 regarding the proposed conversion transaction and the proposed transaction's likely effect on the availability, accessibility, and affordability of health care services to the public.

 

(c) In deciding whether to approve, conditionally approve, or disapprove a transaction, the attorney general must consult with the commissioner.


Journal of the House - 23rd Day - Monday, March 18, 2019 - Top of Page 1146

Subd. 4.  Conversion benefit entity requirements.  (a) A conversion benefit entity shall:

 

(1) be an existing or new, domestic, nonprofit corporation operating under chapter 317A and exempt under United States Code, title 26, section 501(c)(3);

 

(2) have in place procedures and policies to prohibit conflicts of interest, including but not limited to conflicts of interest relating to any grant-making activities that may benefit:

 

(i) the directors, officers, or key employees of the conversion benefit entity;

 

(ii) any entity to which the nonprofit health care entity transfers public benefit assets in connection with a conversion transaction; or

 

(iii) any directors, officers, or key employees of an entity to which the nonprofit health care entity transfers public benefit assets in connection with a conversion transaction;

 

(3) operate to benefit the health of the people of this state; and

 

(4) have in place procedures and policies that prohibit:

 

(i) an officer, director, or key employee of the nonprofit health care entity from serving as an officer, director, or key employee of the conversion benefit entity for the five-year period following the conversion transaction;

 

(ii) an officer, director, or key employee of the nonprofit health care entity or of the conversion benefit entity from directly or indirectly benefitting from the conversion transaction; and

 

(iii) elected or appointed public officials from serving as an officer, director, or key employee of the conversion benefit entity.

 

(b) A conversion benefit entity shall not make grants or payments or otherwise provide financial benefit to an entity to which a nonprofit health care entity transfers public benefit assets as part of a conversion transaction, or to a related organization of the entity to which the nonprofit health care entity transfers public benefit assets as part of a conversion transaction.

 

(c) No person who has been an officer, director, or key employee of an entity that has received public benefit assets in connection with a conversion transaction may serve as an officer, director, or key employee of the conversion benefit entity.

 

(d) The attorney general must review and approve the governance structure of a conversion benefit entity before the conversion benefit entity receives the value of public benefit assets from a nonprofit health care entity.  In order to be approved by the attorney general under this paragraph, the conversion benefit entity's governance must be broadly based in the community served by the nonprofit health care entity and must be independent of the entity to which the nonprofit health care entity transfers public benefit assets as part of the conversion transaction.  As part of the review of the conversion benefit entity's governance, the attorney general shall hold a public hearing.  If the attorney general finds it necessary, a portion of the value of the public benefit assets shall be used to develop a community-based plan for use by the conversion benefit entity.

 

(e) The attorney general shall establish a community advisory committee for a conversion benefit entity receiving the value of public benefit assets.  The members of the community advisory committee must be selected to represent the diversity of the community previously served by the nonprofit health care entity.  The community advisory committee shall:


Journal of the House - 23rd Day - Monday, March 18, 2019 - Top of Page 1147

(1) provide a slate of three nominees for each vacancy on the governing board of the conversion benefit entity, from which the remaining board members shall select new members to the board;

 

(2) provide the governing board with guidance on the health needs of the community previously served by the nonprofit health care entity; and

 

(3) promote dialogue and information sharing between the conversion benefit entity and the community previously served by the nonprofit health care entity.

 

Subd. 5.  Hearing; public comment; maintenance of record.  (a) Before issuing a decision under subdivision 6, the attorney general shall hold one or more hearings and solicit public comments regarding the proposed conversion transaction.  No later than 45 days after the attorney general receives notice of a proposed conversion transaction, the attorney general shall hold at least one public hearing in the area served by the nonprofit health care entity, and shall hold as many hearings as necessary in various parts of the state to ensure that each community in the nonprofit health care entity's service area has an opportunity to provide comments on the conversion transaction.  Any person may appear and speak at the hearing, file written comments, or file exhibits for the hearing.  At least 14 days before the hearing, the attorney general shall provide written notice of the hearing through posting on the attorney general's website, publication in one or more newspapers of general circulation, and notice by means of a public listserv or through other means to all persons who request notice from the attorney general of such hearings.  A public hearing is not required if the waiting period under subdivision 6 is waived or is shorter than 45 days in duration.  The attorney general may also solicit public comments through other means.

 

(b) The attorney general shall develop and maintain a summary of written and oral public comments made at a hearing and otherwise received by the attorney general, shall record all questions posed during the public hearing or received by the attorney general, and shall require answers from the appropriate parties.  The summary materials, questions, and answers shall be maintained on the attorney general's website, and the attorney general must provide a copy of these materials at no cost to any person who requests them.

 

Subd. 6.  Approval required; period for approval or disapproval; extension.  (a) Notwithstanding the time periods in section 15.99 or 317A.811, a nonprofit health care entity shall not enter into a conversion transaction until:

 

(1) 150 days after the entity has given written notice to the attorney general, unless the attorney general waives all or a part of the waiting period.  The attorney general shall establish guidelines for when the attorney general may waive all or part of the waiting period, and must provide public notice if the attorney general waives all or part of the waiting period; and

 

(2) the nonprofit health care entity obtains approval of the transaction from the attorney general, or obtains conditional approval from the attorney general and satisfies the required conditions.

 

(b) During the waiting period, the attorney general shall decide whether to approve, conditionally approve, or disapprove the conversion transaction and shall notify the nonprofit health care entity in writing of its decision.  If the transaction is disapproved, the notice must include the reasons for the decision.  If the transaction is conditionally approved, the notice must specify the conditions that must be met and the reasons for these conditions.  The attorney general may extend the waiting period for an additional 90 days by notifying the nonprofit health care entity of the extension in writing.

 

(c) The time periods under this subdivision shall be suspended while a request from the attorney general for additional information is outstanding.


Journal of the House - 23rd Day - Monday, March 18, 2019 - Top of Page 1148

Subd. 7.  Transfer of value of assets required.  If a proposed conversion transaction is approved or conditionally approved by the attorney general, the nonprofit health care entity shall transfer the entirety of the full and fair value of its public benefit assets to one or more conversion benefit entities as part of the transaction.

 

Subd. 8.  Assessment of costs.  (a) The nonprofit health care entity must reimburse the attorney general or a state agency for all reasonable and actual costs incurred by the attorney general or the state agency in reviewing the proposed conversion transaction and in exercising enforcement remedies under this section.  Costs incurred may include attorney fees at the rate at which the attorney general bills state agencies; costs for retaining actuarial, valuation, or other experts and consultants; and administrative costs.  In order to receive reimbursement under this subdivision, the attorney general or state agency must provide the nonprofit health care entity with a statement of costs incurred.

 

(b) The nonprofit health care entity must remit the total amount listed on the statement to the attorney general or state agency within 30 days after the statement date, unless the entity disputes some or all of the submitted costs.  The nonprofit health care entity may dispute the submitted costs by bringing an action in district court to have the court determine the amount of the reasonable and actual costs that must be remitted.

 

(c) Money remitted to the attorney general or state agency under this subdivision shall be deposited in the general fund in the state treasury and is appropriated to the attorney general or state agency, as applicable, to reimburse the attorney general or state agency for costs paid or incurred under this section.

 

Subd. 9.  Challenge to disapproval or conditional approval.  If the attorney general disapproves or conditionally approves a conversion transaction, a nonprofit health care entity may bring an action in district court to challenge the disapproval, or any condition of a conditional approval, as applicable.  To prevail in such an action, the nonprofit health care entity must clearly establish that the disapproval, or each condition being challenged, as applicable, is arbitrary and capricious and unnecessary to protect the public interest.

 

Subd. 10.  Penalties; remedies.  The attorney general is authorized to bring an action to unwind a conversion transaction entered into in violation of this section and to recover the amount of any financial benefit received or held in violation of subdivision 1.  In addition to this recovery, the officers, directors, and key employees of each entity that is a party to, and who materially participated in, the transaction entered into in violation of this section, may be subject to a civil penalty of up to the greater of the entirety of any financial benefit each officer, director, or key employee derived from the transaction or $1,000,000, as determined by the court.  The attorney general is authorized to enforce this section under section 8.31.

 

Subd. 11.  Relation to other law.  (a) This section is in addition to, and does not affect or limit any power, remedy, or responsibility of a health maintenance organization, a service plan corporation, a conversion benefit entity, the attorney general, the commissioner of commerce, or commissioner of health under this chapter, chapter 62C, 317A, or 501B, or other law.

 

(b) Nothing in this section authorizes a nonprofit health care entity to enter into a conversion transaction not otherwise permitted under chapter 317A or 501B or other law.

 

EFFECTIVE DATE.  This section is effective July 1, 2019.

 

Sec. 5.  Minnesota Statutes 2018, section 62D.12, is amended by adding a subdivision to read:

 

Subd. 8a.  Net earnings.  All net earnings of a nonprofit health maintenance organization shall be devoted to the nonprofit purposes of the health maintenance organization in providing comprehensive health care.  A nonprofit health maintenance organization shall not provide for the payment, whether directly or indirectly, of any part of its net earnings to any person as a dividend or rebate, except that the health maintenance organization may make


Journal of the House - 23rd Day - Monday, March 18, 2019 - Top of Page 1149

payments to providers or other persons based on the efficient provision of services or as incentives to provide quality care.  The commissioner of health shall, pursuant to this chapter, revoke the certificate of authority of any nonprofit health maintenance organization in violation of this subdivision.

 

EFFECTIVE DATE.  This section is effective July 1, 2019.

 

Sec. 6.  Minnesota Statutes 2018, section 317A.811, is amended by adding a subdivision to read:

 

Subd. 1a.  Nonprofit health care entity; notice and approval required.  In addition to the requirements of subdivision 1, a nonprofit health care entity as defined in section 62D.046, subdivision 12, is subject to the notice and approval requirements for certain transactions under sections 62D.046 and 62D.047.

 

EFFECTIVE DATE.  This section is effective July 1, 2019.

 

Sec. 7.  Laws 2017, First Special Session chapter 6, article 5, section 11, is amended to read:

 

Sec. 11.  MORATORIUM ON CONVERSION TRANSACTIONS.

 

(a) Notwithstanding Laws 2017, chapter 2, article 2, a nonprofit health service plan corporation operating under Minnesota Statutes, chapter 62C, or; a nonprofit health maintenance organization operating under Minnesota Statutes, chapter 62D, as of January 1, 2017,; or a direct or indirect parent, subsidiary, or other affiliate of such an entity, may only merge or consolidate with; or convert, or transfer all or a substantial portion material amount of its assets to an entity that is a corporation organized under Minnesota Statutes, chapter 317A.  For purposes of this section, "material amount" means the lesser of ten percent of such an entity's total net admitted assets as of December 31 of the preceding year, or $10,000,000.

 

(b) Paragraph (a) does not apply if the nonprofit service plan corporation or nonprofit health maintenance organization files an intent to dissolve due to insolvency of the corporation in accordance with Minnesota Statutes, chapter 317A, or insolvency proceedings are commenced under Minnesota Statutes, chapter 60B.

 

(c) Nothing in this section shall be construed to authorize a nonprofit health maintenance organization or a nonprofit health service plan corporation to engage in any transaction or activities not otherwise permitted under state law.

 

(d) This section expires July 1, 2019 2029.

 

EFFECTIVE DATE.  This section is effective the day following final enactment."

 

Page 8, line 8, delete "8" and insert "7"

 

Page 8, after line 8, insert:

 

"EFFECTIVE DATE.  This section is effective July 1, 2019."

 

Renumber the sections in sequence

 

Amend the title as follows:

 

Page 1, line 5, after the semicolon, insert "imposing penalties;"

 

Correct the title numbers accordingly

 

 

With the recommendation that when so amended the bill be re-referred to the Committee on Health and Human Services Policy.

 

      The report was adopted.


Journal of the House - 23rd Day - Monday, March 18, 2019 - Top of Page 1150

Halverson from the Committee on Commerce to which was referred:

 

H. F. No. 551, A bill for an act relating to human services; modifying provisions governing network adequacy and provider network notifications; imposing administrative penalties; establishing network access standards based on appointment wait times for managed care and county-based purchasing plans; amending Minnesota Statutes 2018, sections 62D.124, subdivision 3, by adding subdivisions; 62D.17, subdivision 1; 62K.075; 62K.10, subdivision 5; 256B.69, by adding a subdivision; 256L.121, subdivision 3; proposing coding for new law in Minnesota Statutes, chapter 62K.

 

Reported the same back with the following amendments:

 

Page 2, after line 6, insert:

 

"(c) If, in its waiver application, a health maintenance organization demonstrates to the commissioner that there are no providers of a specific type or specialty in a county, the commissioner may approve a waiver in which the health maintenance organization is allowed to address network inadequacy in that county by providing for patient access to providers of that type or specialty via telemedicine, as defined in section 62A.671, subdivision 9."

 

Page 2, line 7, delete "(c)" and insert "(d)"

 

Page 2, line 18, delete "(d)" and insert "(e)"

 

Page 5, after line 13, insert:

 

"(c) If, in its waiver application, a health carrier or preferred provider organization demonstrates to the commissioner that there are no providers of a specific type or specialty in a county, the commissioner may approve a waiver in which the health carrier or preferred provider organization is allowed to address network inadequacy in that county by providing for patient access to providers of that type or specialty via telemedicine, as defined in section 62A.671, subdivision 9."

 

Page 5, line 14, delete "(c)" and insert "(d)"

 

Page 5, line 28, delete "(d)" and insert "(e)"

 

 

With the recommendation that when so amended the bill be re-referred to the Committee on Ways and Means.

 

      The report was adopted.

 

 

Mariani from the Public Safety and Criminal Justice Reform Finance and Policy Division to which was referred:

 

H. F. No. 563, A bill for an act relating to child abuse; creating Heaven's Law; directing the commissioner of human services to report to the legislature on information sharing in interstate child protection investigations; requiring an investigation into a future interstate compact on child protection data; requiring that certain information be requested as part of an assessment or investigation; requiring consideration of past maltreatment to determine investigations; amending Minnesota Statutes 2018, section 626.556, subdivisions 10, 10e.

 

Reported the same back with the recommendation that the bill be re-referred to the Committee on Ways and Means.

 

      The report was adopted.


Journal of the House - 23rd Day - Monday, March 18, 2019 - Top of Page 1151

Moran from the Committee on Health and Human Services Policy to which was referred:

 

H. F. No. 572, A bill for an act relating to health; establishing loss ratio requirements for health plans; establishing requirements for use of net earnings of nonprofit health maintenance organizations; amending Minnesota Statutes 2018, sections 62A.021, by adding subdivisions; 62D.12, by adding a subdivision; repealing Minnesota Statutes 2018, section 62A.021, subdivisions 1, 3.

 

Reported the same back with the recommendation that the bill be re-referred to the Committee on Ways and Means.

 

      The report was adopted.

 

 

Lesch from the Judiciary Finance and Civil Law Division to which was referred:

 

H. F. No. 631, A bill for an act relating to public safety; enabling reporting of information related to use of electronic device location tracking warrants; amending Minnesota Statutes 2018, sections 626A.08, subdivision 2; 626A.37, subdivision 4.

 

Reported the same back with the following amendments:

 

Delete everything after the enacting clause and insert:

 

"ARTICLE 1

GOVERNMENT DATA PRACTICES PROVISIONS

 

Section 1.  Minnesota Statutes 2018, section 13.055, subdivision 1, is amended to read:

 

Subdivision 1.  Definitions.  For purposes of this section, the following terms have the meanings given to them.

 

(a) "Breach of the security of the data" means unauthorized acquisition of data maintained by a government entity that compromises the security and classification of the data.  Good faith acquisition of or access to government data by an employee, contractor, or agent of a government entity for the purposes of the entity is not a breach of the security of the data, if the government data is not provided to or viewable by an unauthorized person, or accessed for a purpose not described in the procedures required by section 13.05, subdivision 5.  For purposes of this paragraph, data maintained by a government entity includes data maintained by a person under a contract with the government entity that provides for the acquisition of or access to the data by an employee, contractor, or agent of the government entity.

 

(b) "Contact information" means either name and mailing address or name and e­mail address for each individual who is the subject of data maintained by the government entity.

 

(c) "Unauthorized acquisition" means that a person has obtained, accessed, or viewed government data without the informed consent of the individuals who are the subjects of the data or statutory authority and with the intent to use the data for nongovernmental purposes.

 

(d) "Unauthorized person" means any person who accesses government data without a work assignment that reasonably requires access, or regardless of the person's work assignment, for a purpose not described in the procedures required by section 13.05, subdivision 5.


Journal of the House - 23rd Day - Monday, March 18, 2019 - Top of Page 1152

Sec. 2.  Minnesota Statutes 2018, section 13.201, is amended to read:

 

13.201 RIDESHARE DATA.

 

The following data on participants, collected by the Minnesota Department of Transportation and the Metropolitan Council a government entity to administer rideshare programs, are classified as private under section 13.02, subdivision 12, or nonpublic under section 13.02, subdivision 9:  residential address and telephone number; beginning and ending work hours; current mode of commuting to and from work; place of employment; photograph; biographical information; and type of rideshare service information requested.

 

EFFECTIVE DATE.  This section is effective the day following final enactment.

 

Sec. 3.  Minnesota Statutes 2018, section 13.72, subdivision 19, is amended to read:

 

Subd. 19.  Transit customer data.  (a) Data on applicants, users, and customers of public transit collected by or through the Metropolitan Council's a government entity's personalized web services or the Metropolitan Council's regional fare collection system are private data on individuals or nonpublic data.  As used in this subdivision, the following terms have the meanings given them:

 

(1) "regional fare collection system" means the fare collection system created and administered by the council that is used for collecting fares or providing fare cards or passes for transit services which includes:

 

(i) regular route bus service within the metropolitan area and paratransit service, whether provided by the council or by other providers of regional transit service;

 

(ii) light rail transit service within the metropolitan area;

 

(iii) rideshare programs administered by the council;

 

(iv) special transportation services provided under section 473.386; and

 

(v) commuter rail service;

 

(2) "personalized web services" means services for which transit service applicants, users, and customers must establish a user account; and

 

(3) "metropolitan area" means the area defined in section 473.121, subdivision 2.

 

(b) The council A government entity may disseminate data on user and customer transaction history and fare card use to government entities, organizations, school districts, educational institutions, and employers that subsidize or provide fare cards to their clients, students, or employees.  "Data on user and customer transaction history and fare card use" means:

 

(1) the date a fare card was used;

 

(2) the time a fare card was used;

 

(3) the mode of travel;

 

(4) the type of fare product used; and

 

(5) information about the date, time, and type of fare product purchased.


Journal of the House - 23rd Day - Monday, March 18, 2019 - Top of Page 1153

Government entities, organizations, school districts, educational institutions, and employers may use customer transaction history and fare card use data only for purposes of measuring and promoting fare card use and evaluating the cost-effectiveness of their fare card programs.  If a user or customer requests in writing that the council limit the disclosure of transaction history and fare card use, the council may disclose only the card balance and the date a card was last used.

 

(c) The council A government entity may disseminate transit service applicant, user, and customer data to another government entity to prevent unlawful intrusion into government electronic systems, or as otherwise provided by law.

 

EFFECTIVE DATE.  This section is effective the day following final enactment.

 

Sec. 4.  Minnesota Statutes 2018, section 171.306, subdivision 1, is amended to read:

 

Subdivision 1.  Definitions.  (a) As used in this section, the terms in this subdivision have the meanings given them.

 

(b) "Ignition interlock device" or "device" means equipment that is designed to measure breath alcohol concentration and to prevent a motor vehicle's ignition from being started by a person whose breath alcohol concentration measures 0.02 or higher on the equipment.

 

(c) "Location tracking capabilities" means the ability of an electronic or wireless device to directly or indirectly identify and transmit its geographic location through the operation of the device either by the provision of a global positioning service (GPS) or the generation of other mapping, locational, or directional services, including cell-site location information (CSLI) service.

 

(d) "Program participant" means a person who has qualified to take part in the ignition interlock program under this section, and whose driver's license has been:

 

(1) revoked, canceled, or denied under section 169A.52; 169A.54; 171.04, subdivision 1, clause (10); or 171.177; or

 

(2) revoked under section 171.17, subdivision 1, paragraph (a), clause (1), or suspended under section 171.187, for a violation of section 609.2113, subdivision 1, clause (2), item (i) or (iii), (3), or (4); subdivision 2, clause (2), item (i) or (iii), (3), or (4); or subdivision 3, clause (2), item (i) or (iii), (3), or (4); or 609.2114, subdivision 2, clause (2), item (i) or (iii), (3), or (4), resulting in bodily harm, substantial bodily harm, or great bodily harm.

 

(e) "Qualified prior impaired driving incident" has the meaning given in section 169A.03, subdivision 22.

 

Sec. 5.  Minnesota Statutes 2018, section 465.719, subdivision 14, is amended to read:

 

Subd. 14.  Data classification.  The following data created, collected, or maintained by a corporation subject to this section are classified as private data under section 13.02, subdivision 12, or as nonpublic data under section 13.02, subdivision 9:  (1) data relating either (i) to private businesses consisting of financial statements, credit reports, audits, business plans, income and expense projections, customer lists, balance sheets, income tax returns, and design, market, and feasibility studies not paid for with public funds, or (ii) to enterprises operated by the corporation that are in competition with entities offering similar goods and services, so long as the data are not generally known or readily ascertainable by proper means and disclosure of specific data would cause harm to the competitive position of the enterprise or private business, provided that the goods or services do not require a tax levy; and (2) any data identified in sections section 13.201 and 13.72, subdivision 9, collected or received by a transit organization.

 

EFFECTIVE DATE.  This section is effective the day following final enactment.


Journal of the House - 23rd Day - Monday, March 18, 2019 - Top of Page 1154

Sec. 6.  Minnesota Statutes 2018, section 626A.08, subdivision 2, is amended to read:

 

Subd. 2.  Application and orders.  (a) Applications made and warrants issued under this chapter shall be sealed by the judge filed under seal in the district court.  Custody of the applications and orders shall be wherever the judge directs.  Such applications and orders shall be disclosed only upon a showing of good cause before a judge of the district court and shall not be destroyed except on order of the issuing or denying judge, and in any event shall be kept for ten years.

 

(b) Notwithstanding paragraph (a), the filing, sealing, and reporting requirements for tracking warrants as defined by section 626A.42, subdivision 1, paragraph (h), are governed by section 626A.42, subdivision 4.  However, applications and warrants, or portions of applications and warrants, that do not involve tracking warrants continue to be governed by paragraph (a).

 

Sec. 7.  Minnesota Statutes 2018, section 626A.10, subdivision 1, is amended to read:

 

Subdivision 1.  Notice of order.  Within a reasonable time but not later than 90 days after the termination of the period of a warrant or extensions thereof, the issuing or denying judge warrant applicant or agency requesting the warrant shall cause to be served, on the persons named in the warrant and the application, and such other parties to intercepted communications as the judge may determine that is in the interest of justice, an inventory which shall include notice of:

 

(1) the fact of the issuance of the warrant or the application;

 

(2) the date of the issuance and the period of authorized, approved or disapproved interception, or the denial of the application; and

 

(3) the fact that during the period wire, electronic, or oral communications were or were not intercepted.

 

On an ex parte showing to a court of competent jurisdiction that there is a need to continue the investigation and that the investigation would be harmed by service of the inventory at this time, service of the inventory required by this subdivision may be postponed for an additional 90-day period.

 

Sec. 8.  Minnesota Statutes 2018, section 626A.37, subdivision 4, is amended to read:

 

Subd. 4.  Nondisclosure of existence of pen register, trap and trace device, or mobile tracking device.  (a) An order authorizing or approving the installation and use of a pen register, trap and trace device, or a mobile tracking device must direct that:

 

(1) the order be sealed until otherwise ordered by the court; and

 

(2) the person owning or leasing the line to which the pen register or a trap and trace device is attached, or who has been ordered by the court to provide assistance to the applicant, not disclose the existence of the pen register, trap and trace device, mobile tracking device, or the existence of the investigation to the listed subscriber, or to any other person, unless or until otherwise ordered by the court.

 

(b) Paragraph (a) does not apply to an order that involves a tracking warrant as defined by section 626A.42, subdivision 1, paragraph (h).  Instead, the filing, sealing, and reporting requirements for those orders are governed by section 626A.42, subdivision 4.  However, any portion of an order that does not involve a tracking warrant continues to be governed by paragraph (a).


Journal of the House - 23rd Day - Monday, March 18, 2019 - Top of Page 1155

Sec. 9.  Minnesota Statutes 2018, section 626A.381, subdivision 1, is amended to read:

 

Subdivision 1.  Notice required.  Except as provided in subdivision 2, within a reasonable time not later than 90 days after the filing of an application under section 626A.36, if the application is denied, or of the termination of an order, as extended under section 626A.37, the issuing or denying judge warrant applicant or agency requesting the warrant shall have served on the persons named in the order or application an inventory that includes notice of:

 

(1) the fact of the entry of the order or the application;

 

(2) the date of the entry and the period of authorized, approved, or disapproved activity under the order, or the denial of the application; and

 

(3) the fact that during the period, activity did or did not take place under the order.

 

Sec. 10.  Minnesota Statutes 2018, section 626A.39, subdivision 5, is amended to read:

 

Subd. 5.  Mobile tracking device.  "Mobile tracking device" means an electronic or mechanical device that permits the tracking of the movement of a person or object.  A mobile tracking device does not include a cell site simulator device or any other device used to access the location information of an electronic device, as those terms are defined in 626A.42, subdivision 1.

 

Sec. 11.  Minnesota Statutes 2018, section 626A.42, is amended to read:

 

626A.42 ELECTRONIC DEVICE LOCATION INFORMATION.

 

Subdivision 1.  Definitions.  (a) The definitions in this subdivision apply to this section.

 

(b) "Electronic communication service" has the meaning given in section 626A.01, subdivision 17.

 

(c) "Electronic device" means a device that enables access to or use of an electronic communication service, remote computing service, or location information service.

 

(d) "Government entity" means a state or local agency, including but not limited to a law enforcement entity or any other investigative entity, agency, department, division, bureau, board, or commission or an individual acting or purporting to act for or on behalf of a state or local agency.

 

(e) "Location information" means information concerning the location of an electronic device that, in whole or in part, is generated or derived from or obtained by the operation of an electronic device.

 

(f) "Location information service" means the provision of a global positioning service or other mapping, locational, or directional information service.

 

(g) "Remote computing service" has the meaning given in section 626A.34.

 

(h) "Tracking warrant" means an order in writing, in the name of the state, signed by a court other than a court exercising probate jurisdiction, directed to a peace officer, granting the officer access to location information of an electronic device using a cell site simulator device or other means.

 

(i) "Cell site simulator device" means a device that transmits or receives radio waves or other signals for the purposes of conducting one or more of the following operations:


Journal of the House - 23rd Day - Monday, March 18, 2019 - Top of Page 1156

(1) identifying, locating, or tracking the movements of an electronic device;

 

(2) intercepting, obtaining, accessing, or forwarding communications, stored data, or metadata from an electronic device;

 

(3) affecting the hardware or software operations or functions of an electronic device;

 

(4) forcing transmissions from or connections to an electronic device;

 

(5) denying an electronic device access to another electronic device, a communication protocol, electronic communication service, or other service; or

 

(6) spoofing or simulating an electronic device, cell tower, cell site, or service, including, but not limited to, an international phone subscriber identity catcher or other invasive cell phone or telephone surveillance or eavesdropping device that mimics a cell phone tower and sends out signals to cause cell phones in the area to transmit their locations, identifying information, and communications content, or a passive interception device or digital analyzer that does not send signals to an electronic device under surveillance.

 

A cell site simulator device does not include any device used or installed by an electric utility to the extent such device is only used by the utility to measure electrical usage, to provide service to customers, or to operate the electric grid.

 

Subd. 2.  Tracking warrant required for location information.  (a) Except as provided in paragraph (b), a government entity may not obtain the location information of an electronic device without a tracking warrant.  A tracking warrant granting access to location information must be issued only if the government entity shows that there is probable cause the person who possesses an electronic device is committing, has committed, or is about to commit a crime.  An application for a tracking warrant must be made in writing and include:

 

(1) the identity of the government entity's peace officer making the application, and the officer authorizing the application; and

 

(2) a full and complete statement of the facts and circumstances relied on by the applicant to justify the applicant's belief that a tracking warrant should be issued, including (i) details as to the particular offense that has been, is being, or is about to be committed, and (ii) the identity of the person, if known, committing the offense whose location information is to be obtained.

 

(b) A government entity may obtain location information without a tracking warrant:

 

(1) when the electronic device is reported lost or stolen by the owner;

 

(2) in order to respond to the user's call for emergency services;

 

(3) with the informed, affirmative, documented consent of the owner or user of the electronic device;

 

(4) with the informed, affirmative consent of the legal guardian or next of kin of the owner or user if the owner or user is believed to be deceased or reported missing and unable to be contacted; or

 

(5) in an emergency situation that involves the risk of death or serious physical harm to a person who possesses an electronic communications device pursuant to sections 237.82 and 237.83.


Journal of the House - 23rd Day - Monday, March 18, 2019 - Top of Page 1157

Subd. 3.  Time period and extensions.  (a) A tracking warrant issued under this section must authorize the collection of location information for a period not to exceed 60 days, or the period of time necessary to achieve the objective of the authorization, whichever is less.

 

(b) Extensions of a tracking warrant may be granted, but only upon an application for an order and upon the judicial finding required by subdivision 2, paragraph (a).  The period of extension must be for a period not to exceed 60 days, or the period of time necessary to achieve the objective for which it is granted, whichever is less.

 

(c) Paragraphs (a) and (b) apply only to tracking warrants issued for the contemporaneous collection of electronic device location information.

 

Subd. 4.  Notice; temporary nondisclosure of tracking warrant.  (a) Within a reasonable time but not later than 90 days after the court unseals the tracking warrant under this subdivision, the issuing or denying judge warrant applicant or agency requesting the warrant shall cause to be served on the persons named in the tracking warrant and the application an inventory which shall include notice of:

 

(1) the fact of the issuance of the tracking warrant or the application;

 

(2) the date of the issuance and the period of authorized, approved, or disapproved collection of location information, or the denial of the application; and

 

(3) the fact that during the period location information was or was not collected.

 

(b) A tracking warrant authorizing collection of location information must direct that:

 

(1) the tracking warrant be sealed for a period of 90 days or until the objective of the tracking warrant has been accomplished, whichever is shorter; and

 

(2) the tracking warrant be filed with the court administrator within ten days of the expiration of the tracking warrant.

 

(c) The prosecutor may request that the tracking warrant, supporting affidavits, and any order granting the request not be filed.  An order must be issued granting the request in whole or in part if, from affidavits, sworn testimony, or other evidence, the court finds reasonable grounds exist to believe that filing the tracking warrant may cause the search or a related search to be unsuccessful, create a substantial risk of injury to an innocent person, or severely hamper an ongoing investigation.

 

(d) The tracking warrant must direct that following the commencement of any criminal proceeding utilizing evidence obtained in or as a result of the search, the supporting application or affidavit must be filed either immediately or at any other time as the court directs.  Until such filing, the documents and materials ordered withheld from filing must be retained by the judge or the judge's designee.

 

Subd. 5.  Report concerning collection of location information.  (a) At the same time as notice is provided under subdivision 4, the issuing or denying judge shall report to the state court administrator:

 

(1) the fact that a tracking warrant or extension was applied for;

 

(2) the fact that the tracking warrant or extension was granted as applied for, was modified, or was denied;

 

(3) the period of collection authorized by the tracking warrant, and the number and duration of any extensions of the tracking warrant;


Journal of the House - 23rd Day - Monday, March 18, 2019 - Top of Page 1158

(4) the offense specified in the tracking warrant or application, or extension of a tracking warrant;

 

(5) whether the collection required contemporaneous monitoring of an electronic device's location; and

 

(6) the identity of the applying investigative or peace officer and agency making the application and the person authorizing the application.

 

(b) On or before November 15 of each even-numbered year, the state court administrator shall transmit to the legislature a report concerning:  (1) all tracking warrants authorizing the collection of location information during the two previous calendar years; and (2) all applications that were denied during the two previous calendar years.  Each report shall include a summary and analysis of the data required to be filed under this subdivision.  The report is public and must be available for public inspection at the Legislative Reference Library and the state court administrator's office and website.

 

Subd. 6.  Prohibition on use of evidence.  (a) Except as proof of a violation of this section, no evidence obtained in violation of this section shall be admissible in any criminal, civil, administrative, or other proceeding.

 

(b) Any location information obtained pursuant to this chapter or evidence derived therefrom shall not be received in evidence or otherwise disclosed in any trial, hearing, or other proceeding in a federal or state court unless each party, not less than ten days before the trial, hearing, or proceeding, has been furnished with a copy of the tracking warrant, and accompanying application, under which the information was obtained.  This ten-day period may be waived by the judge if the judge finds that it was not possible to furnish a party with the required information ten days before the trial, hearing, or proceeding and that a party will not be prejudiced by the delay in receiving the information.

 

Sec. 12.  [626A.44] SHORT TITLE.

 

Minnesota Statutes, sections 626A.44 to 626A.49, may be cited as the "Minnesota Electronic Communications Privacy Act."

 

Sec. 13.  [626A.45] DEFINITIONS.

 

Subdivision 1.  Scope.  For purposes of sections 626A.44 to 626A.49, the definitions in this section have the meanings given them.

 

Subd. 2.  Adverse result.  "Adverse result" means any of the following:

 

(1) danger to the life or physical safety of an individual;

 

(2) flight from prosecution;

 

(3) destruction of or tampering with evidence;

 

(4) intimidation of potential witnesses; or

 

(5) serious jeopardy to an investigation.

 

Subd. 3.  Authorized possessor.  "Authorized possessor" means the person in possession of an electronic device when that person is the owner of the device or has been authorized to possess the device by the owner of the device.


Journal of the House - 23rd Day - Monday, March 18, 2019 - Top of Page 1159

Subd. 4.  Electronic communication.  "Electronic communication" means the transfer of signs, signals, writings, images, sounds, data, or intelligence of any nature in whole or in part by a wire, radio, electromagnetic, photoelectric, or photo-optical system.

 

Subd. 5.  Electronic communication information.  "Electronic communication information" means any information about an electronic communication or the use of an electronic communication service, including but not limited to the contents; sender; recipients; format; precise or approximate location of the sender or recipients at any point during the communication; time or date the communication was created, sent, or received; or any information pertaining to any individual or device participating in the communication, including but not limited to an IP address.  Electronic communication information does not include subscriber information under subdivision 13.

 

Subd. 6.  Electronic communication service.  "Electronic communication service" has the meaning given in section 626A.42, subdivision 1, paragraph (b).

 

Subd. 7.  Electronic device.  "Electronic device" has the meaning given in section 626A.42, subdivision 1, paragraph (c).

 

Subd. 8.  Electronic device information.  "Electronic device information" means any information stored on or generated through the operation of an electronic device, including the current and prior locations of the device.

 

Subd. 9.  Electronic information.  "Electronic information" means electronic communication information or electronic device information.

 

Subd. 10.  Government entity.  "Government entity" has the meaning given in section 626A.42, subdivision 1, paragraph (d).

 

Subd. 11.  Service provider.  "Service provider" means a person or entity offering an electronic communication service.

 

Subd. 12.  Specific consent.  "Specific consent" means consent provided directly to the government entity seeking information, including but not limited to when the government entity is the addressee or intended recipient or a member of the intended audience of an electronic communication.  Specific consent does not require that the originator of the communication has actual knowledge that an addressee, intended recipient, or member of the specific audience is a government entity, except where a government employee or agent has taken deliberate steps to hide the employee's or agent's government association.

 

Subd. 13.  Subscriber information.  "Subscriber information" means the name, street address, telephone number, e­mail address, or similar contact information provided by the subscriber to the provider to establish or maintain an account or communication channel, a subscriber or account number or identifier, the length of service, and the types of services used by a user of or subscriber to a service provider.

 

Sec. 14.  [626A.46] GOVERNMENT ENTITY PROHIBITIONS; EXCEPTIONS.

 

Subdivision 1.  Prohibitions.  Except as provided in this section, a government entity shall not:

 

(1) compel or incentivize the production of or access to electronic communication information from a service provider;

 

(2) compel the production of or access to electronic device information from any person or entity other than the authorized possessor of the device; or


Journal of the House - 23rd Day - Monday, March 18, 2019 - Top of Page 1160

(3) access electronic device information by means of physical interaction or electronic communication with the electronic device.

 

Subd. 2.  Exceptions.  A government entity may:

 

(1) compel the production of or access to electronic communication information from a service provider, or compel the production of or access to electronic device information from any person or entity other than the authorized possessor of the device only: 

 

(i) pursuant to a search warrant issued under section 626.18 and subject to subdivision 4; or

 

(ii) pursuant to a wiretap order issued under sections 626A.05 and 626A.06; and

 

(2) access electronic device information by means of physical interaction or electronic communication with the device only:

 

(i) pursuant to a search warrant issued pursuant to section 626.18 and subject to subdivision 4;

 

(ii) pursuant to a wiretap order issued pursuant to sections 626A.05 and 626A.06;

 

(iii) with the specific consent of the authorized possessor of the device;

 

(iv) with the specific consent of the owner of the device, only when the device has been reported as lost or stolen; or

 

(v) if the government entity, in good faith, believes the device to be lost, stolen, or abandoned, provided that the entity shall only access electronic device information in order to attempt to identify, verify, or contact the owner or authorized possessor of the device.

 

Subd. 3.  Warrant.  (a) A warrant for electronic communication information shall: 

 

(1) describe with particularity the information to be seized by specifying the time periods covered and, as appropriate and reasonable, the target individuals or accounts, the applications or services covered, and the types of information sought;

 

(2) require that any information obtained through the execution of the warrant that is unrelated to the objective of the warrant be destroyed within 30 days and not subject to further review, use, or disclosure.  This clause shall not apply when the information obtained is exculpatory with respect to the targeted individual; and

 

(3) comply with all other provisions of Minnesota and federal law, including any provisions prohibiting, limiting, or imposing additional requirements on the use of search warrants.

 

(b) When issuing any warrant or order for electronic information, or upon the petition from the target or recipient of the warrant or order, a court may, at its discretion, appoint a special master charged with ensuring that only information necessary to achieve the objective of the warrant or order is produced or accessed.

 

Subd. 4.  Service provider; voluntary disclosure.  (a) A service provider may voluntarily disclose electronic communication information or subscriber information when that disclosure is not otherwise prohibited by state or federal law.


Journal of the House - 23rd Day - Monday, March 18, 2019 - Top of Page 1161

(b) If a government entity receives electronic communication information voluntarily provided under subdivision 7, the government entity shall destroy that information within 90 days unless one or more of the following apply:

 

(1) the entity has or obtains the specific consent of the sender or recipient of the electronic communications about which information was disclosed; or

 

(2) the entity obtains a court order authorizing the retention of the information. 

 

(c) A court shall issue a retention order upon a finding that the conditions justifying the initial voluntary disclosure persist and the court shall authorize the retention of the information only for so long as those conditions persist, or there is probable cause to believe that the information constitutes evidence that a crime has been committed.  Information retained subject to this provision shall not be shared with:

 

(1) any persons or entities that do not agree to limit their use of the provided information to those purposes contained in the court authorization; and

 

(2) any persons or entities that: 

 

(i) are not legally obligated to destroy the provided information upon the expiration or rescindment of the court's retention order; or

 

(ii) do not voluntarily agree to destroy the provided information upon the expiration or rescindment of the court's retention order.

 

Subd. 5.  Emergency.  If a government entity obtains electronic communication information relating to an emergency involving danger of death or serious physical injury to a person that requires access to the electronic information without delay, the entity shall, within three days after obtaining the electronic information, file with the appropriate court an application for a warrant or order authorizing obtaining the electronic information or a motion seeking approval of the emergency disclosures that shall set forth the facts giving rise to the emergency and, if applicable, a request supported by a sworn affidavit for an order delaying notification under section 626A.47, subdivision 2, paragraph (a).  The court shall promptly rule on the application or motion and shall order the immediate destruction of all information obtained, and immediate notification under section 626A.47, subdivision 1, if the notice has not already been given, upon a finding that the facts did not give rise to an emergency or upon rejecting the warrant or order application on any other ground.

 

Subd. 6.  Subpoena.  This section does not limit the authority of a government entity to use an administrative, grand jury, trial, or civil discovery subpoena to require: 

 

(1) an originator, addressee, or intended recipient of an electronic communication to disclose any electronic communication information associated with that communication;

 

(2) an entity that provides electronic communications services to its officers, directors, employees, or agents for the purpose of carrying out their duties, to disclose electronic communication information associated with an electronic communication to or from an officer, director, employee, or agent of the entity; or

 

(3) a service provider to provide subscriber information.

 

Subd. 7.  Recipient voluntary disclosure.  This section does not prohibit the intended recipient of an electronic communication from voluntarily disclosing electronic communication information concerning that communication to a government entity.


Journal of the House - 23rd Day - Monday, March 18, 2019 - Top of Page 1162

Subd. 8.  Construction.  Nothing in this section shall be construed to expand any authority under Minnesota law to compel the production of or access to electronic information.

 

Sec. 15.  [626A.47] NOTICES REQUIRED.

 

Subdivision 1.  Notice.  Except as otherwise provided in this section, a government entity that executes a warrant or obtains electronic communication information in an emergency under section 626A.46, subdivision 5, shall serve upon, or deliver to by registered or first-class mail, electronic mail, or other means reasonably calculated to be effective, the identified targets of the warrant or emergency request a notice that informs the recipient that information about the recipient has been compelled or requested, and states with reasonable specificity the nature of the government investigation under which the information is sought.  The notice shall include a copy of the warrant or a written statement setting forth facts giving rise to the emergency.  The notice shall be provided contemporaneously with the execution of a warrant, or, in the case of an emergency, within three days after obtaining the electronic information.

 

Subd. 2.  Emergency; delay of notice.  (a) When a warrant is sought or electronic communication information is obtained in an emergency under section 626A.46, subdivision 5, the government entity may submit a request supported by a sworn affidavit for an order delaying notification and prohibiting any party providing information from notifying any other party that information has been sought.  The court shall issue the order if the court determines that there is reason to believe that notification may have an adverse result, but only for the period of time that the court finds there is reason to believe that the notification may have that adverse result, and not to exceed 90 days.  The court may grant extensions of the delay of up to 90 days each.

 

(b) Upon expiration of the period of delay of the notification, the government entity shall serve upon, or deliver to by registered or first-class mail, electronic mail, or other means reasonably calculated to be effective as specified by the court issuing the order authorizing delayed notification, the identified targets of the warrant, a document that includes the information described in subdivision 1, a copy of all electronic information obtained or a summary of that information, including, at a minimum, the number and types of records disclosed, the date and time when the earliest and latest records were created, and a statement of the grounds for the court's determination to grant a delay in notifying the individual.

 

Subd. 3.  No identified target.  (a) If there is no identified target of a warrant or emergency request at the time of issuance, the government entity shall submit to the supreme court all of the information required in subdivision 1 within three days of the execution of the warrant or issuance of the request.  If an order delaying notice is obtained under subdivision 2, the government entity shall submit to the supreme court all of the information required in subdivision 2, paragraph (b), upon the expiration of the period of delay of the notification.

 

(b) The supreme court shall publish the reports on its website within 90 days of receipt.  The supreme court shall redact names or other personal identifying information from the reports.

 

Subd. 4.  Service provider.  Except as otherwise provided in this section, nothing in sections 626A.45 to 626A.49 shall prohibit or limit a service provider or any other party from disclosing information about any request or demand for electronic information.

 

Sec. 16.  [626A.48] REMEDIES.

 

Subdivision 1.  Suppression.  Any person in a trial, hearing, or proceeding may move to suppress any electronic communication information obtained or retained in violation of the United States Constitution, the Minnesota Constitution, or sections 626A.45 to 626A.49.  The motion shall be made, determined, and subject to review according to section 626.21 or 626A.12.


Journal of the House - 23rd Day - Monday, March 18, 2019 - Top of Page 1163

Subd. 2.  Attorney general.  The attorney general may commence a civil action to compel any government entity to comply with the provisions of sections 626A.45 to 626A.49.

 

Subd. 3.  Petition.  An individual whose information is targeted by a warrant, order, or other legal process that is inconsistent with sections 626A.45 to 626A.49, the Minnesota Constitution, the United States Constitution, or a service provider or any other recipient of the warrant, order, or other legal process, may petition the issuing court to void or modify the warrant, order, or process, or to order the destruction of any information obtained in violation of sections 626A.45 to 626A.49, the Minnesota Constitution, or the United States Constitution.

 

Subd. 4.  No cause of action.  A Minnesota or foreign corporation, and its officers, employees, and agents, are not subject to any cause of action for providing records, information, facilities, or assistance according to the terms of a warrant, court order, statutory authorization, emergency certification, or wiretap order issued under sections 626A.45 to 626A.49.

 

Sec. 17.  [626A.49] REPORTS.

 

(a) At the same time as notice is provided under section 626A.47, the issuing or denying judge shall report to the state court administrator:

 

(1) the fact that a warrant or extension was applied for under section 626A.46;

 

(2) the fact that the warrant or extension was granted as applied for, was modified, or was denied;

 

(3) the period of collection of electronic communication information authorized by the warrant, and the number and duration of any extensions of the warrant;

 

(4) the offense specified in the warrant or application, or extension of a warrant;

 

(5) whether the collection required contemporaneous monitoring of an electronic device's location; and

 

(6) the identity of the applying investigative or peace officer and agency making the application and the person authorizing the application.

 

(b) On or before November 15 of each even-numbered year, the state court administrator shall transmit to the legislature a report concerning:  (1) all warrants authorizing the collection of electronic communication information during the two previous calendar years; and (2) all applications that were denied during the two previous calendar years.  Each report shall include a summary and analysis of the data required to be filed under this section.  The report is public and must be available for public inspection at the Legislative Reference Library and the state court administrator's office and website.

 

(c) Nothing in sections 626A.45 to 626A.49 shall prohibit or restrict a service provider from producing an annual report summarizing the demands or requests it receives under those sections.

 

Sec. 18.  REPEALER.

 

Minnesota Statutes 2018, section 13.72, subdivision 9, is repealed.

 

EFFECTIVE DATE.  This section is effective the day following final enactment.


Journal of the House - 23rd Day - Monday, March 18, 2019 - Top of Page 1164

ARTICLE 2

GENERAL CIVIL LAW PROVISIONS

 

Section 1.  [181.990] EMPLOYEE USERNAME AND PASSWORD PRIVACY PROTECTION.

 

Subdivision 1.  Definitions.  (a) For the purposes of this section, the following terms have the meanings given them in this subdivision.

 

(b) "Applicant" means an applicant for employment.

 

(c) "Employee" means an individual who provides services or labor for an employer for wages or other remuneration.

 

(d) "Employer" means a person who is acting directly as an employer, or indirectly in the interest of an employer, on behalf of a for-profit, nonprofit, charitable, governmental, or other organized entity in relation to an employee.

 

(e) "Personal social media account" means an account with an electronic medium or service where users may create, share, and view user-generated content, including but not limited to uploading or downloading videos or still photographs, blogs, video blogs, podcasts, messages, e­mails, or Internet website profiles or locations.  Personal social media account does not include:  (1) an account opened at an employer's behest, or provided by an employer, and intended to be used solely on behalf of the employer, or (2) an account opened at a school's behest, or provided by a school, and intended to be used solely on behalf of the school.

 

(f) "Specific content" means data or information on a personal social media account that is identified with sufficient particularity to:

 

(1) demonstrate prior knowledge of the content's details; and

 

(2) distinguish the content from other data or information on the account with which it may share similar characteristics.

 

Subd. 2.  Employer access prohibited.  (a) An employer shall not:

 

(1) require, request, or coerce an employee or applicant to disclose the username, password, or any other means of authentication, or to provide access through the username or password, to a personal social media account;

 

(2) require, request, or coerce an employee or applicant to access a personal social media account in the presence of the employer in a manner that enables the employer to observe the contents of the account; or

 

(3) compel an employee or applicant to add any person, including the employer, to their list of contacts associated with a personal social media account or require, request, or otherwise coerce an employee or applicant to change the settings that affect a third party's ability to view the contents of a personal social networking account.

 

(b) The prohibitions in paragraph (a), clauses (1) and (2), do not apply to a law enforcement agency when the law enforcement agency is investigating the background of an applicant for employment.  "Law enforcement agency" has the meaning given in section 626.84, subdivision 1, paragraph (f).


Journal of the House - 23rd Day - Monday, March 18, 2019 - Top of Page 1165

Subd. 3.  Employer actions prohibited.  (a) An employer shall not:

 

(1) take any action or threaten to take any action to discharge, discipline, or otherwise penalize an employee for an employee's refusal to disclose any information specified in subdivision 2, clause (1), for refusal to take any action specified in subdivision 2, clause (2), or for refusal to add the employer to their list of contacts associated with a personal social media account or to change the settings that affect a third party's ability to view the contents of a personal social media account as specified in subdivision 2, clause (3); or

 

(2) fail or refuse to hire any applicant as a result of the applicant's refusal to disclose any information specified in subdivision 2, clause (1), for refusal to take any action specified in subdivision 2, clause (2), or for refusal to add the employer to their list of contacts associated with a personal social media account or to change the settings that affect a third party's ability to view the contents of a personal social media account as specified in subdivision 2, clause (3).

 

(b) The prohibited activity in paragraph (a), clause (2), that related to the prohibited actions in subdivision 2, clauses (1) and (2), does not apply to a law enforcement agency when the law enforcement agency is investigating the background of an applicant for employment.  "Law enforcement agency" has the meaning given in section 626.84, subdivision 1, paragraph (f).

 

Subd. 4.  Employer actions permitted.  Nothing in this section shall prevent an employer from:

 

(1) accessing information about an employee or applicant that is publicly available;

 

(2) complying with state and federal laws, rules, and regulations and the rules of self-regulatory organizations, where applicable;

 

(3) requesting or requiring an employee or applicant to share specific content that has been reported to the employer, without requesting or requiring an employee or applicant to provide a username, password, or other means of authentication that provides access to a personal social media account, for the purpose of:

 

(i) ensuring compliance with applicable laws or regulatory requirements;

 

(ii) investigating an allegation, based on receipt of specific information, of the unauthorized transfer of an employer's proprietary or confidential information or financial data to an employee or applicant's personal social media account; or

 

(iii) investigating an allegation, based on receipt of specific information, of unlawful harassment in the workplace;

 

(4) prohibiting an employee or applicant from using a personal social media account for business purposes; or

 

(5) prohibiting an employee or applicant from accessing or operating a personal social media account during business hours or while on business property.

 

Subd. 5.  Employer protected if access inadvertent; use prohibited.  If an employer inadvertently receives the username, password, or other means of authentication that provides access to a personal social media account of an employee or applicant through the use of an otherwise lawful virus scan or firewall that monitors the employer's network or employer-provided devices, the employer is not liable for having the information, but may not use the information to access the personal social media account of the employee or applicant, may not share the information with anyone, and must delete the information immediately or as soon as is reasonably practicable.


Journal of the House - 23rd Day - Monday, March 18, 2019 - Top of Page 1166

Subd. 6.  Enforcement.  Any employer, including its employee or agents, that violates this section shall be subject to legal action for damages or equitable relief, to be brought by any person claiming that a violation of this section has injured the person or the person's reputation.  A person so injured is entitled to actual damages, including mental pain and suffering endured on account of violation of the provisions of this section, and reasonable attorney fees and other costs of litigation.

 

Subd. 7.  Severability.  The provisions in this section are severable.  If any part or provision of this section, or the application of this section to any person, entity, or circumstance, is held invalid, the remainder of this section, including the application of the part or provision to other persons, entities, or circumstances, shall not be affected by the holding and shall continue to have force and effect.

 

EFFECTIVE DATE.  This section is effective August 1, 2019, and applies to actions committed on or after that date.

 

Sec. 2.  Minnesota Statutes 2018, section 257.57, subdivision 1, is amended to read:

 

Subdivision 1.  Actions under section 257.55, subdivision 1, paragraph (a), (b), or (c).  A child, the child's biological mother, or a man presumed to be the child's father under section 257.55, subdivision 1, paragraph (a), (b), or (c) may bring an action:

 

(1) at any time for the purpose of declaring the existence of the father and child relationship presumed under section 257.55, subdivision 1, paragraph (a), (b), or (c); or

 

(2) for the purpose of declaring the nonexistence of the father and child relationship presumed under section 257.55, subdivision 1, paragraph (a), (b), or (c), only if the action is brought within two three years after the person bringing the action has reason to believe that the presumed father is not the father of the child, but in no event later than three years after the child's birth.  However, if the presumed father was divorced from the child's mother and if, on or before the 280th day after the judgment and decree of divorce or dissolution became final, he did not know that the child was born during the marriage or within 280 days after the marriage was terminated, the action is not barred until one year after the child reaches the age of majority or one year three years after the presumed father knows or reasonably should have known of the birth of the child, whichever is earlier.  After the presumption has been rebutted, paternity of the child by another man may be determined in the same action, if he has been made a party.

 

Sec. 3.  Minnesota Statutes 2018, section 257.57, subdivision 2, is amended to read:

 

Subd. 2.  Actions under other paragraphs of section 257.55, subdivision 1.  The child, the mother, or personal representative of the child, the public authority chargeable by law with the support of the child, the personal representative or a parent of the mother if the mother has died or is a minor, a man alleged or alleging himself to be the father, or the personal representative or a parent of the alleged father if the alleged father has died or is a minor may bring an action:

 

(1) at any time for the purpose of declaring the existence of the father and child relationship presumed under sections 257.55, subdivision 1, paragraph (d), (e), (g), or (h), and 257.62, subdivision 5, paragraph (b), or the nonexistence of the father and child relationship presumed under section 257.55, subdivision 1, clause (d);

 

(2) for the purpose of declaring the nonexistence of the father and child relationship presumed under section 257.55, subdivision 1, paragraph (d), only if the action is brought within three years from when the presumed father began holding the child out as his own;

 

(3) for the purpose of declaring the nonexistence of the father and child relationship presumed under section 257.55, subdivision 1, paragraph (e) or (g), only if the action is brought within six months three years after the person bringing the action obtains the results of blood or genetic tests that indicate that the presumed father is not the father of the child has reason to believe that the presumed father is not the biological father;


Journal of the House - 23rd Day - Monday, March 18, 2019 - Top of Page 1167

(3) (4) for the purpose of declaring the nonexistence of the father and child relationship presumed under section 257.62, subdivision 5, paragraph (b), only if the action is brought within three years after the party bringing the action, or the party's attorney of record, has been provided the blood or genetic test results; or

 

(4) (5) for the purpose of declaring the nonexistence of the father and child relationship presumed under section 257.75, subdivision 9, only if the action is brought by the minor signatory within six months three years after the youngest minor signatory reaches the age of 18 or three years after the person bringing the action has reason to believe that the father is not the biological father of the child, whichever is later.  In the case of a recognition of parentage executed by two minor signatories, the action to declare the nonexistence of the father and child relationship must be brought within six months after the youngest signatory reaches the age of 18.

 

Sec. 4.  Minnesota Statutes 2018, section 257.57, is amended by adding a subdivision to read:

 

Subd. 7.  Nonexistence of father-child relationship.  (a) An action to declare the nonexistence of the father‑child relationship must be personally served on all parties and meet the requirements of either subdivision 1 or 2.  An action must be brought by a petition, except that a motion may be filed in an underlying action regarding parentage, custody, or parenting time.

 

(b) An action to declare the nonexistence of the father-child relationship cannot proceed if the court finds that in a previous proceeding:

 

(1) the father-child relationship was contested and a court order determined the existence of the father-child relationship; or

 

(2) the father-child relationship was determined based upon a court order as a result of a stipulation or joint petition of the parties.

 

(c) Nothing in this subdivision precludes a party from relief under section 518.145, subdivision 2, clauses (1) to (3), if applicable, or the Minnesota Rules of Civil Procedure.

 

(d) In evaluating whether or not to declare the nonexistence of the father-child relationship, the court must consider, evaluate, and make written findings on the following factors:

 

(1) the length of time between the paternity adjudication or presumption of paternity and the time that the moving party knew or should have known that the presumed or adjudicated father might not be the biological father;

 

(2) the length of time during which the presumed or adjudicated father has assumed the role of father of the child;

 

(3) the facts surrounding the moving party's discovery of the presumed or adjudicated father's possible nonpaternity;

 

(4) the nature of the relationship between the child and the presumed or adjudicated father;

 

(5) the current age of the child;

 

(6) the harm or benefit that may result to the child if the court ends the father-child relationship of the current presumed or adjudicated father;

 

(7) the nature of the relationship between the child and any presumed or adjudicated father;


Journal of the House - 23rd Day - Monday, March 18, 2019 - Top of Page 1168

(8) the parties' agreement to the nonexistence of the father-child relationship and adjudication of paternity in the same action;

 

(9) the extent to which the passage of time reduces the chances of establishing paternity of another man and a child support order for that parent;

 

(10) the likelihood of adjudication of the biological father if not already joined in this action; and

 

(11) any additional factors deemed to be relevant by the court.

 

(e) The burden of proof shall be on the petitioner to show by clear and convincing evidence that, after consideration of the factors in paragraph (d), declaring the nonexistence of the father-child relationship is in the child's best interests.

 

(f) The court may grant the relief in the petition or motion upon finding that:

 

(1) the moving party has met the requirements of this section;

 

(2) the genetic testing results were properly conducted in accordance with section 257.62;

 

(3) the presumed or adjudicated father has not adopted the child;

 

(4) the child was not conceived by artificial insemination that meets the requirements under section 257.56 or that the presumed or adjudicated father voluntarily agreed to the artificial insemination; and

 

(5) the presumed or adjudicated father did not act to prevent the biological father of the child from asserting his parental rights with respect to the child.

 

(g) Upon granting the relief sought in the petition or motion, the court shall order the following:

 

(1) the father-child relationship has ended and the presumed or adjudicated father's parental rights and responsibilities end upon the granting of the petition;

 

(2) the presumed or adjudicated father's name shall be removed from the minor child's birth record and a new birth certificate shall be issued upon the payment of any fees;

 

(3) the presumed or adjudicated father's obligation to pay ongoing child support shall be terminated, effective on the first of the month after the petition or motion was served;

 

(4) any unpaid child support due prior to service of the petition or motion remains due and owing absent an agreement of all parties including the public authority or the court determines other relief is appropriate under the Rules of Civil Procedure; and

 

(5) the presumed or adjudicated father has no right to reimbursement of past child support paid to the mother, the public authority, or any other assignee of child support.

 

The order must include the provisions of section 257.66 if another party to the action is adjudicated as the father of the child.


Journal of the House - 23rd Day - Monday, March 18, 2019 - Top of Page 1169

Sec. 5.  Minnesota Statutes 2018, section 257.75, subdivision 4, is amended to read:

 

Subd. 4.  Action to vacate recognition.  (a) An action to vacate a recognition of paternity may be brought by the mother, father, husband or former husband who executed a joinder, or the child.  An action to vacate a recognition of parentage may be brought by the public authority.  A mother, father, or husband or former husband who executed a joinder must bring the action within one year of the execution of the recognition or within six months after the person bringing the action obtains the results of blood or genetic tests that indicate that the man who executed the recognition is not the father of the child three years after the person bringing the action has reason to believe that the father is not the biological father of the child.  A child must bring an action to vacate within six months three years after the child obtains the result of blood or genetic tests that indicate that has reason to believe the man who executed the recognition is not the biological father of the child, or within one year of reaching the age of majority, whichever is later.  If the court finds a prima facie basis for vacating the recognition, the court shall order the child, mother, father, and husband or former husband who executed a joinder to submit to blood genetic tests.  If the court issues an order for the taking of blood genetic tests, the court shall require the party seeking to vacate the recognition to make advance payment for the costs of the blood genetic tests, unless the parties agree and the court finds that the previous genetic test results exclude the man who executed the recognition as the biological father of the child.  If the party fails to pay for the costs of the blood genetic tests, the court shall dismiss the action to vacate with prejudice.  The court may also order the party seeking to vacate the recognition to pay the other party's reasonable attorney fees, costs, and disbursements.  If the results of the blood genetic tests establish that the man who executed the recognition is not the father, the court shall vacate the recognition.  Notwithstanding the vacation of the recognition, the court may adjudicate the man who executed the recognition under any other applicable paternity presumption under section 257.55.  If a recognition is vacated, any joinder in the recognition under subdivision 1a is also vacated.  The court shall terminate the obligation of a party to pay ongoing child support based on the recognition.  A modification of child support based on a recognition may be made retroactive with respect to any period during which the moving party has pending a motion to vacate the recognition but only from the date of service of notice of the motion on the responding party.

 

(b) The burden of proof in an action to vacate the recognition is on the moving party.  The moving party must request the vacation on the basis of fraud, duress, or material mistake of fact.  The legal responsibilities in existence at the time of an action to vacate, including child support obligations, may not be suspended during the proceeding, except for good cause shown.

 

EFFECTIVE DATE.  This section is effective August 1, 2019, and applies to recognition of parentage signed on or after that date.

 

Sec. 6.  Minnesota Statutes 2018, section 518.145, subdivision 2, is amended to read:

 

Subd. 2.  Reopening.  On motion and upon terms as are just, the court may relieve a party from a judgment and decree, order, or proceeding under this chapter, except for provisions dissolving the bonds of marriage, annulling the marriage, or directing that the parties are legally separated, and may order a new trial or grant other relief as may be just for the following reasons:

 

(1) mistake, inadvertence, surprise, or excusable neglect;

 

(2) newly discovered evidence which by due diligence could not have been discovered in time to move for a new trial under the Rules of Civil Procedure, rule 59.03;

 

(3) fraud, whether denominated intrinsic or extrinsic, misrepresentation, or other misconduct of an adverse party;

 

(4) the judgment and decree or order is void; or


Journal of the House - 23rd Day - Monday, March 18, 2019 - Top of Page 1170

(5) the judgment has been satisfied, released, or discharged, or a prior judgment and decree or order upon which it is based has been reversed or otherwise vacated, or it is no longer equitable that the judgment and decree or order should have prospective application.

 

The motion must be made within a reasonable time, and for a reason under clause (1), (2), or (3), other than a motion to declare the nonexistence of the parent-child relationship, not more than one year after the judgment and decree, order, or proceeding was entered or taken.  An action to declare the nonexistence of the father-child relationship must be made within in a reasonable time under clause (1), (2), or (3), and not more than three years after the person bringing the action has reason to believe that the father is not the father of the child.  A motion under this subdivision does not affect the finality of a judgment and decree or order or suspend its operation.  This subdivision does not limit the power of a court to entertain an independent action to relieve a party from a judgment and decree, order, or proceeding or to grant relief to a party not actually personally notified as provided in the Rules of Civil Procedure, or to set aside a judgment for fraud upon the court.

 

Sec. 7.  Minnesota Statutes 2018, section 518.157, subdivision 1, is amended to read:

 

Subdivision 1.  Implementation; administration.  (a) By January 1, 1998, the chief judge of each judicial district or a designee shall implement one or more parent education programs within the judicial district for the purpose of educating parents about the impact that divorce, the restructuring of families, and judicial proceedings have upon children and families; methods for preventing parenting time conflicts; and dispute resolution options.  The chief judge of each judicial district or a designee may require that children attend a separate education program designed to deal with the impact of divorce upon children as part of the parent education program.  Each parent education program must enable persons to have timely and reasonable access to education sessions.

 

(b) The chief judge of each judicial district shall ensure that the judicial district's website includes information on the parent education program or programs required under this section.

 

Sec. 8.  Minnesota Statutes 2018, section 518.157, subdivision 3, is amended to read:

 

Subd. 3.  Attendance.  (a) In a proceeding under this chapter where the parties have not agreed to custody or a parenting time is contested schedule, the court shall order the parents of a minor child shall attend to attend or take online a minimum of eight hours in an orientation and education program that meets the minimum standards promulgated by the Minnesota Supreme Court.

 

(b) In all other proceedings involving custody, support, or parenting time the court may order the parents of a minor child to attend a parent education program.

 

(c) The program shall provide the court with names of persons who fail to attend the parent education program as ordered by the court.  Persons who are separated or contemplating involvement in a dissolution, paternity, custody, or parenting time proceeding may attend a parent education program without a court order.

 

(d) Unless otherwise ordered by the court, participation in a parent education program must begin before an initial case management conference and within 30 days after the first filing with the court or as soon as practicable after that time based on the reasonable availability of classes for the program for the parent.  Parent education programs must offer an opportunity to participate at all phases of a pending or postdecree proceeding.

 

(e) Upon request of a party and a showing of good cause, the court may excuse the party from attending the program.  If past or present domestic abuse, as defined in chapter 518B, is alleged, the court shall not require the parties to attend the same parent education sessions and shall enter an order setting forth the manner in which the parties may safely participate in the program.


Journal of the House - 23rd Day - Monday, March 18, 2019 - Top of Page 1171

(f) Before an initial case management conference for a proceeding under this chapter where the parties have not agreed to custody or parenting time, the court shall notify the parties of their option to resolve disagreements, including the development of a parenting plan, through the use of private mediation.

 

Sec. 9.  Minnesota Statutes 2018, section 518.175, subdivision 1, is amended to read:

 

Subdivision 1.  General.  (a) In all proceedings for dissolution or legal separation, subsequent to the commencement of the proceeding and continuing thereafter during the minority of the child, the court shall, upon the request of either parent, grant such parenting time on behalf of the child and a parent as will enable the child and the parent to maintain a child to parent relationship that will be in the best interests of the child.  The court shall use a rebuttable presumption that it is in the best interests of the child to protect each individual parent-child relationship by maximizing the child's time with each parent.  The court, when issuing a parenting time order, may reserve a determination as to the future establishment or expansion of a parent's parenting time.  In that event, the best interest standard set forth in subdivision 5, paragraph (a), shall be applied to a subsequent motion to establish or expand parenting time.

 

(b) If the court finds, after a hearing, that parenting time with a parent is likely to endanger the child's physical, mental, or emotional health or safety or impair the child's emotional development, the court shall restrict parenting time with that parent as to time, place, duration, or supervision and may deny parenting time entirely, as the circumstances warrant.  The court shall consider the age of the child and the child's relationship with the parent prior to the commencement of the proceeding.

 

(c) A parent's failure to pay support because of the parent's inability to do so shall not be sufficient cause for denial of parenting time.

 

(d) The court may provide that a law enforcement officer or other appropriate person will accompany a party seeking to enforce or comply with parenting time.

 

(e) Upon request of either party, to the extent practicable an order for parenting time must include a specific schedule for regular parenting time, including the frequency and duration of visitation parenting time and visitation parenting time during holidays and, vacations, and school breaks, unless parenting time is restricted, denied, or reserved.

 

(f) The court administrator shall provide a form for a pro se motion regarding parenting time disputes, which includes provisions for indicating the relief requested, an affidavit in which the party may state the facts of the dispute, and a brief description of the parenting time expeditor process under section 518.1751.  The form may not include a request for a change of custody.  The court shall provide instructions on serving and filing the motion.

 

(g) In the absence of other evidence, Unless otherwise agreed, there is a rebuttable presumption that a the court shall award each parent is entitled to receive a minimum of 25 50 percent of the parenting time for the child.  If it is not practicable to award 50 percent parenting time to each parent, the court shall maximize parenting time for each parent as close as possible to the 50 percent presumption.  For purposes of this paragraph, the percentage of parenting time may be determined by calculating the number of overnights that a child spends with a parent or by using a method other than overnights if the parent has significant time periods on separate days when the child is in the parent's physical custody but does not stay overnight.  The court may consider the age of the child in determining whether a child is with a parent for a significant period of time.

 

(h) The court must include in a parenting time order the following:

 

(1) the ability of each parent to comply with the awarded parenting time schedule; and


Journal of the House - 23rd Day - Monday, March 18, 2019 - Top of Page 1172

(2) if a court deviates from the parenting time presumption under paragraph (g) and the parties have not otherwise made a parenting time agreement, the court shall make written findings of fact supported by clear and convincing evidence that the deviation results from one or more of the following:

 

(i) a parent has a mental illness that was diagnosed by a licensed physician or by a licensed psychologist, and the mental illness endangers the safety of the child based on the opinion of the licensed physician or the licensed psychologist treating the parent;

 

(ii) a parent refuses or fails to complete a chemical dependency evaluation or assessment ordered by a court, or a parent refuses or fails to complete chemical dependency recommendations as ordered by a licensed physician or by a licensed drug or alcohol counselor;

 

(iii) domestic abuse, as defined in section 518B.01, subdivision 2, or a qualified domestic violence-related offense, as defined in section 609.02, subdivision 16, between the parents or between a parent and the child;

 

(iv) a parent is unable to care for the child 50 percent of the time because of the parent's inability to modify the parent's schedule to accommodate having a child 50 percent of the time.  An inability to modify a parent's schedule includes but is not limited to work, school, child care, or medical appointment scheduling conflicts that prevent a parent from maintaining parenting time with a child to accommodate the presumption under this section.  A parent's provision for safe alternative care when the parent is not available during the parent's scheduled parenting time is not an inability of a parent to participate in a parenting time schedule under this paragraph;

 

(v) a parent's repeated willful failure to comply with parenting time awarded pursuant to a temporary order;

 

(vi) the distance required to travel between each parent's residence is so great that it makes the parenting time presumption impractical to meet;

 

(vii) the child has a diagnosed medical or educational special need that cannot be accommodated by the parenting time presumption; or

 

(viii) a child protection finding that the child is currently not safe under a parent's care.

 

(i) In assessing whether to deviate from the parenting time presumption in paragraph (g), the court shall consider that a reduction in a parent's parenting time may impair the parent's ability to parent the child, which may have negative impacts on the child.

 

(j) If a child does not have a relationship with a parent due to an absence of one year or more with minimal or no contact with the child, or if the child is one year old or younger, the court may order a gradual increase in parenting time.  If the court orders a gradual increase in parenting time, the gradual increase shall only be in effect for a period of six months or less, at which time the order shall provide for a parenting time schedule based on the parenting time presumption in paragraph (g).

 

(k) The court shall not limit parenting time for a parent based solely on the age of the child.  If the child is five years old or younger at the time the parenting time schedule is established and the order does not provide for equal parenting time, the order must include a provision for a possible future modification of the parenting time order.

 

(l) The court shall not consider the gender of a parent or a parent's marital or relationship status in making parenting time determinations under this section.

 

(m) An award of parenting time of up to 53 percent for one parent and not below 47 percent for the other parent does not constitute a deviation from the parenting time presumption in paragraph (g).


Journal of the House - 23rd Day - Monday, March 18, 2019 - Top of Page 1173

(n) In awarding parenting time, the court shall evaluate whether:

 

(1) one parent has engaged in unwarranted interference between the child and the other parent;

 

(2) one parent has made false allegations of domestic abuse; and

 

(3) one parent has chronically denied or minimized parenting time to the other parent in order to gain advantage in custody matters.

 

Sec. 10.  Minnesota Statutes 2018, section 524.5-118, subdivision 1, is amended to read:

 

Subdivision 1.  When required; exception.  (a) The court shall require a background study under this section:

 

(1) before the appointment of a guardian or conservator, unless a background study has been done on the person under this section within the previous two years; and

 

(2) once every two years after the appointment, if the person continues to serve as a guardian or conservator.

 

(b) The background study must include:

 

(1) criminal history data from the Bureau of Criminal Apprehension, other criminal history data held by the commissioner of human services, and data regarding whether the person has been a perpetrator of substantiated maltreatment of a vulnerable adult or minor;

 

(2) criminal history data from the National Criminal Records Repository if the proposed guardian or conservator has not resided in Minnesota for the previous ten years or if the Bureau of Criminal Apprehension information received from the commissioner of human services under subdivision 2, paragraph (b), indicates that the subject is a multistate offender or that the individual's multistate offender status is undetermined; and

 

(3) state licensing agency data if a search of the database or databases of the agencies listed in subdivision 2a shows that the proposed guardian or conservator has ever held a professional license directly related to the responsibilities of a professional fiduciary from an agency listed in subdivision 2a that was conditioned, suspended, revoked, or canceled.

 

(c) If the guardian or conservator is not an individual, the background study must be done on all individuals currently employed by the proposed guardian or conservator who will be responsible for exercising powers and duties under the guardianship or conservatorship.

 

(d) If the court determines that it would be in the best interests of the ward or protected person to appoint a guardian or conservator before the background study can be completed, the court may make the appointment pending the results of the study, however, the background study must then be completed as soon as reasonably possible after appointment, no later than 30 days after appointment.

 

(e) The fee for conducting a background study for appointment of a professional guardian or conservator must be paid by the guardian or conservator.  In other cases, the fee must be paid as follows:

 

(1) if the matter is proceeding in forma pauperis, the fee is an expense for purposes of section 524.5-502, paragraph (a);

 

(2) if there is an estate of the ward or protected person, the fee must be paid from the estate; or


Journal of the House - 23rd Day - Monday, March 18, 2019 - Top of Page 1174

(3) in the case of a guardianship or conservatorship of the person that is not proceeding in forma pauperis, the court may order that the fee be paid by the guardian or conservator or by the court.

 

(f) The requirements of this subdivision do not apply if the guardian or conservator is:

 

(1) a state agency or county;

 

(2) a parent or guardian of a proposed ward or protected person who has a developmental disability, if:

 

(i) the parent or guardian has raised the proposed ward or protected person in the family home until the time the petition is filed, unless or the proposed ward enters a licensed facility prior to turning 18 years of age and the parent or guardian has raised the proposed ward until the time the proposed ward entered the facility; and

 

(ii) counsel appointed for the proposed ward or protected person under section 524.5-205, paragraph (d); 524.5-304, paragraph (b); 524.5-405, paragraph (a); or 524.5-406, paragraph (b), recommends does not recommend a background study; or

 

(3) a bank with trust powers, bank and trust company, or trust company, organized under the laws of any state or of the United States and which is regulated by the commissioner of commerce or a federal regulator.

 

EFFECTIVE DATE.  This section is effective August 1, 2019, and applies to background checks required on or after that date."

 

Delete the title and insert:

 

"A bill for an act relating to civil law; modifying certain data privacy provisions; enabling reporting of information related to use of electronic device location tracking warrants; prohibiting access by a government entity to electronic communication held by a service provider or other third party unless certain procedures are followed; providing certain limits on data retention; providing remedies; protecting applicant's and employee's personal usernames and passwords from access by employers; providing for civil enforcement; modifying the statute of limitations for nonpaternity actions; providing procedures for actions to declare nonpaternity; requiring the court to provide certain notices; modifying requirements for parent education program; modifying parenting time presumptions; requiring findings for parenting time schedules; amending the background study requirements for parents of proposed wards; requiring a report; amending Minnesota Statutes 2018, sections 13.055, subdivision 1; 13.201; 13.72, subdivision 19; 171.306, subdivision 1; 257.57, subdivisions 1, 2, by adding a subdivision; 257.75, subdivision 4; 465.719, subdivision 14; 518.145, subdivision 2; 518.157, subdivisions 1, 3; 518.175, subdivision 1; 524.5-118, subdivision 1; 626A.08, subdivision 2; 626A.10, subdivision 1; 626A.37, subdivision 4; 626A.381, subdivision 1; 626A.39, subdivision 5; 626A.42; proposing coding for new law in Minnesota Statutes, chapters 181; 626A; repealing Minnesota Statutes 2018, section 13.72, subdivision 9."

 

 

With the recommendation that when so amended the bill be placed on the General Register.

 

      The report was adopted.

 

 

Youakim from the Committee on Education Policy to which was referred:

 

H. F. No. 761, A bill for an act relating to education; assigning authority for pupil transportation for certain homeless students; appropriating money; amending Minnesota Statutes 2018, section 120A.20, subdivision 2.

 

Reported the same back with the recommendation that the bill be placed on the General Register.

 

      The report was adopted.


Journal of the House - 23rd Day - Monday, March 18, 2019 - Top of Page 1175

Mariani from the Public Safety and Criminal Justice Reform Finance and Policy Division to which was referred:

 

H. F. No. 901, A bill for an act relating to public safety; adding violations of domestic abuse no contact orders to the list of conduct that can be admitted into evidence; amending Minnesota Statutes 2018, section 634.20.

 

Reported the same back with the recommendation that the bill be re-referred to the Judiciary Finance and Civil Law Division.

 

      The report was adopted.

 

 

Moran from the Committee on Health and Human Services Policy to which was referred:

 

H. F. No. 921, A bill for an act relating to health care; requiring commissioner of human services to contract with dental administrators to administer dental services to recipients of medical assistance and MinnesotaCare; proposing coding for new law in Minnesota Statutes, chapter 256B.

 

Reported the same back with the following amendments:

 

Page 1, line 9, delete "up to two dental administrators" and insert "a dental administrator"

 

Page 2, delete lines 2 and 3

 

 

With the recommendation that when so amended the bill be re-referred to the Committee on Ways and Means.

 

      The report was adopted.

 

 

Halverson from the Committee on Commerce to which was referred:

 

H. F. No. 994, A bill for an act relating to economic development; creating the Venture SE Minnesota Diversification revolving loan program; appropriating money.

 

Reported the same back with the following amendments:

 

Page 3, after line 31, insert:

 

"(b) When undertaking promotional activities, the commissioner must use and coordinate with one or more nonprofit organizations that work directly with businesses and investors to grow an entrepreneurial ecosystem of greater Minnesota or minority-owned and women-owned businesses."

 

Reletter the paragraphs in sequence

 

Page 4, line 16, after the period, insert "Of this appropriation, $250,000 must be used for promotional activities under section 2, subdivision 5, paragraph (b)."

 

 

With the recommendation that when so amended the bill be re-referred to the Committee on Ways and Means.

 

      The report was adopted.


Journal of the House - 23rd Day - Monday, March 18, 2019 - Top of Page 1176

Youakim from the Committee on Education Policy to which was referred:

 

H. F. No. 1111, A bill for an act relating to education; clarifying postsecondary enrollment options eligibility; amending Minnesota Statutes 2018, section 124D.09, subdivision 3.

 

Reported the same back with the recommendation that the bill be placed on the General Register.

 

      The report was adopted.

 

 

Lesch from the Judiciary Finance and Civil Law Division to which was referred:

 

H. F. No. 1246, A bill for an act relating to health; establishing the Prescription Drug Price Transparency Act; requiring a report; proposing coding for new law in Minnesota Statutes, chapter 151.

 

Reported the same back with the recommendation that the bill be re-referred to the Committee on Ways and Means.

 

      The report was adopted.

 

 

Moran from the Committee on Health and Human Services Policy to which was referred:

 

H. F. No. 1257, A bill for an act relating to health care coverage; requiring prescription drug benefit transparency and disclosure; amending Minnesota Statutes 2018, section 256B.69, subdivision 6; proposing coding for new law in Minnesota Statutes, chapter 62Q.

 

Reported the same back with the recommendation that the bill be re-referred to the Committee on Ways and Means.

 

      The report was adopted.

 

 

Freiberg from the Committee on Government Operations to which was referred:

 

H. F. No. 1258, A bill for an act relating to human services; establishing a task force on childhood trauma‑informed policy and practices; requiring reports.

 

Reported the same back with the following amendments:

 

Delete everything after the enacting clause and insert:

 

"Section 1.  [256E.245] TASK FORCE ON CHILDHOOD TRAUMA-INFORMED POLICY AND PRACTICES.

 

Subdivision 1.  Establishment.  The commissioner of human services must establish and appoint a task force on trauma-informed policy and practices to prevent and reduce children's exposure to adverse childhood experiences (ACEs) consisting of the following members:

 

(1) the commissioners of human services, public safety, health, and education or the commissioners' designees;


Journal of the House - 23rd Day - Monday, March 18, 2019 - Top of Page 1177

(2) two members representing law enforcement with expertise in juvenile justice;

 

(3) two members representing county social services agencies;

 

(4) four members of the legislature, two members of the senate, one appointed by the majority leader and one appointed by the minority leader, and two members of the house of representatives, one appointed by the speaker of the house and one appointed by the minority leader;

 

(5) two members representing tribal social services providers;

 

(6) two members with expertise in prekindergarten through grade 12 education;

 

(7) three licensed health care professionals with expertise in the neurobiology of childhood development representing public health, mental health, and primary health;

 

(8) one member representing family service or children's mental health collaboratives;

 

(9) two parents who had ACEs;

 

(10) two experts in childhood trauma-informed policies and ACEs;

 

(11) two ombudspersons from the Minnesota Office of Ombudsperson for Families; and

 

(12) representatives of any other group the commissioner of human services deems appropriate to complete the duties of the task force.

 

Subd. 2.  Staff.  The commissioner of human services must provide meeting space, support staff, and administrative services for the task force.

 

Subd. 3.  Duties.  The task force must perform the following duties:

 

(1) engage the human services, education, public health, juvenile justice, and criminal justice systems in the creation of trauma-informed policy and practices in each of these systems to prevent and reduce ACEs and to support the health and well-being of all families; and

 

(2) identify social determinants of the health and well-being of all families and recommend solutions to eliminate racial and ethnic disparities in the state.

 

Subd. 4.  Report.  The task force must submit a report on the results of its duties outlined in subdivision 3 and any policy recommendations to the chairs and ranking minority members of the legislative committees with jurisdiction over health and human services, public safety, judiciary, and education by January 15 of each year.

 

Subd. 5.  Expiration.  The task force expires June 30, 2025.

 

EFFECTIVE DATE.  This section is effective the day following final enactment."

 

Correct the title numbers accordingly

 

 

With the recommendation that when so amended the bill be re-referred to the Committee on Ways and Means.

 

      The report was adopted.


Journal of the House - 23rd Day - Monday, March 18, 2019 - Top of Page 1178

Freiberg from the Committee on Government Operations to which was referred:

 

H. F. No. 1287, A bill for an act relating to human services; establishing a parenting with a disability support services pilot project; requiring a report; appropriating money.

 

Reported the same back with the following amendments:

 

Page 2, line 18, delete "must" and insert "may" and delete "a different PCA than" and insert "the same PCA as"

 

Page 4, line 2, delete "and"

 

Page 4, line 4, delete the period and insert a semicolon

 

Page 4, after line 4, insert:

 

"(5) one member representing child protection professionals, appointed by the commissioner of human services; and

 

(6) one member representing child welfare professionals, appointed by the commissioner of human services."

 

Page 4, after line 16, insert:

 

"EFFECTIVE DATE.  Subdivisions 1 to 7 are effective July 20, 2020.  Subdivision 8 is effective July 1, 2019."

 

 

With the recommendation that when so amended the bill be re-referred to the Committee on Ways and Means.

 

      The report was adopted.

 

 

Moran from the Committee on Health and Human Services Policy to which was referred:

 

H. F. No. 1340, A bill for an act relating to insurance; requiring parity between mental health benefits and other medical benefits; requiring accountability from the commissioners of health and commerce; amending Minnesota Statutes 2018, sections 62Q.01, by adding a subdivision; 62Q.47.

 

Reported the same back with the recommendation that the bill be re-referred to the Committee on Ways and Means.

 

      The report was adopted.

 

 

Freiberg from the Committee on Government Operations to which was referred:

 

H. F. No. 1381, A bill for an act relating to health; establishing the community solutions for healthy child development grant program; appropriating money; proposing coding for new law in Minnesota Statutes, chapter 145.

 

Reported the same back with the recommendation that the bill be re-referred to the Committee on Ways and Means.

 

      The report was adopted.


Journal of the House - 23rd Day - Monday, March 18, 2019 - Top of Page 1179

Freiberg from the Committee on Government Operations to which was referred:

 

H. F. No. 1500, A bill for an act relating to transportation; modifying requirements for a noncompliant driver's license or Minnesota identification card and making related changes, including on eligibility, proof of lawful presence, primary and secondary documentation, discrimination, voter registration, and data practices; making technical changes; appropriating money; amending Minnesota Statutes 2018, sections 13.6905, by adding a subdivision; 171.04, subdivision 5; 171.06, subdivision 3, by adding subdivisions; 171.07, subdivisions 1, 3; 171.12, subdivisions 7a, 9, by adding subdivisions; 201.061, subdivision 3; 363A.28, by adding a subdivision; repealing Minnesota Statutes 2018, section 171.015, subdivision 7.

 

Reported the same back with the following amendments:

 

Delete everything after the enacting clause and insert:

 

"ARTICLE 1

LICENSES AND IDENTIFICATION CARDS

 

Section 1.  Minnesota Statutes 2018, section 171.04, subdivision 5, is amended to read:

 

Subd. 5.  Temporary lawful admission.  The commissioner is prohibited from issuing a driver's license or Minnesota identification card to an applicant whose having a lawful temporary admission period, as demonstrated under section 171.06, subdivision 3, paragraph (b), clause (2), that expires within 30 days of the date of the application.

 

Sec. 2.  Minnesota Statutes 2018, section 171.06, subdivision 3, is amended to read:

 

Subd. 3.  Contents of application; other information.  (a) An application must:

 

(1) state the full name, date of birth, sex, and either (i) the residence address of the applicant, or (ii) designated address under section 5B.05;

 

(2) as may be required by the commissioner, contain a description of the applicant and any other facts pertaining to the applicant, the applicant's driving privileges, and the applicant's ability to operate a motor vehicle with safety;

 

(3) state:

 

(i) the applicant's Social Security number; or

 

(ii) if the applicant does not have a Social Security number and is applying for a Minnesota identification card, instruction permit, or class D provisional or driver's license, that the applicant certifies that the applicant is not eligible for a Social Security number;

 

(4) contain a notification to the applicant of the availability of a living will/health care directive designation on the license under section 171.07, subdivision 7; and

 

(5) contain spaces where the applicant may:

 

(i) request a veteran designation on the license under section 171.07, subdivision 15, and the driving record under section 171.12, subdivision 5a;

 

(ii) indicate a desire to make an anatomical gift under paragraph (d); and

 

(iii) as applicable, designate document retention as provided under section 171.12, subdivision 3c.


Journal of the House - 23rd Day - Monday, March 18, 2019 - Top of Page 1180

(b) Applications must be accompanied by satisfactory evidence demonstrating:

 

(1) identity, date of birth, and any legal name change if applicable; and

 

(2) for driver's licenses and Minnesota identification cards that meet all requirements of the REAL ID Act:

 

(i) principal residence address in Minnesota, including application for a change of address, unless the applicant provides a designated address under section 5B.05;

 

(ii) Social Security number, or related documentation as applicable; and

 

(iii) lawful status, as defined in Code of Federal Regulations, title 6, section 37.3.

 

(c) An application for an enhanced driver's license or enhanced identification card must be accompanied by:

 

(1) satisfactory evidence demonstrating the applicant's full legal name and United States citizenship; and

 

(2) a photographic identity document.

 

Sec. 3.  Minnesota Statutes 2018, section 171.06, is amended by adding a subdivision to read:

 

Subd. 7.  Noncompliant license or identification card; lawful status.  (a) A person is not required to demonstrate United States citizenship or lawful presence in the United States in order to obtain a noncompliant driver's license or identification card.

 

(b) Minnesota Rules, part 7410.0410, or successor rules, does not apply for a noncompliant driver's license or identification card. 

 

Sec. 4.  Minnesota Statutes 2018, section 171.06, is amended by adding a subdivision to read:

 

Subd. 8.  Noncompliant license or identification card; general requirements.  (a) A document submitted under this subdivision or subdivision 9 or 10 must be legible and unaltered, an original or a copy certified by the issuing agency, and accompanied by a certified translation or an affidavit of translation into English if the document is not in English.

 

(b) A document submitted under this subdivision or subdivision 9 or 10 must (1) be issued to or provided for the applicant, and (2) include the applicant's name.

 

(c) If the applicant's current legal name is different from the name on a document submitted under subdivision 9 or 10, the applicant must submit:

 

(1) a certified copy of a court order that specifies the applicant's name change;

 

(2) a certified copy of the applicant's certificate of marriage;

 

(3) a certified copy of a divorce decree or dissolution of marriage that specifies the applicant's name change, issued by a court; or

 

(4) similar documentation of a lawful change of name as determined by the commissioner.

 

(d) The commissioner must establish a process to grant a waiver from the requirements under this subdivision and subdivisions 9 and 10.


Journal of the House - 23rd Day - Monday, March 18, 2019 - Top of Page 1181

Sec. 5.  Minnesota Statutes 2018, section 171.06, is amended by adding a subdivision to read:

 

Subd. 9.  Noncompliant license or identification card; primary documents.  (a) For a noncompliant driver's license or identification card, primary documents under Minnesota Rules, part 7410.0400, subpart 2, or successor rules, include the following: 

 

(1) a noncompliant driver's license or identification card that is current or has been expired for five years or less;

 

(2) an unexpired foreign passport or a foreign consular identification document that bears a photograph of the applicant; and

 

(3) a certified birth certificate issued by a foreign jurisdiction.

 

(b) A document submitted under this subdivision must contain security features that make the document as impervious to alteration as is reasonably practicable in its design and quality of material and technology.

 

(c) For purposes of this subdivision and subdivision 10, "foreign" means a jurisdiction that is not, and is not within, the United States, the Commonwealth of the Northern Mariana Islands, the Commonwealth of Puerto Rico, Guam, the United States Virgin Islands, or a territory of the United States.

 

(d) Submission of more than one primary document is not required under this subdivision.

 

Sec. 6.  Minnesota Statutes 2018, section 171.06, is amended by adding a subdivision to read:

 

Subd. 10.  Noncompliant license or identification card; secondary documents.  (a) For a noncompliant driver's license or identification card, secondary documents under Minnesota Rules, part 7410.0400, subpart 3, or successor rules, include the following:

 

(1) a second document listed under subdivision 9, paragraph (a);

 

(2) a notice of action on or proof of submission of a completed Application for Asylum and for Withholding of Removal issued by the United States Department of Homeland Security, Form I-589;

 

(3) a certificate of eligibility for nonimmigrant student status issued by United States Department of Homeland Security, Form I-20;

 

(4) a certificate of eligibility for exchange visitor status issued by the United States Department of State, Form DS-2019;

 

(5) a Deferred Action for Childhood Arrival approval notice issued by United States Department of Homeland Security;

 

(6) an employment authorization document issued by the United States Department of Homeland Security, Form I-688, Form I-688A, Form I-688B, or Form I-766;

 

(7) a document issued by the Social Security Administration with an individual taxpayer identification number;

 

(8) mortgage documents for the applicant's residence;

 

(9) a filed property deed or title for the applicant's residence;


Journal of the House - 23rd Day - Monday, March 18, 2019 - Top of Page 1182

(10) a United States high school identification card with a certified transcript from the school;

 

(11) a Minnesota college or university identification card with a certified transcript from the college or university;

 

(12) a Social Security card;

 

(13) a Minnesota unemployment insurance benefit statement issued no more than 90 days before the application;

 

(14) a valid identification card for health benefits or an assistance or social services program;

 

(15) a Minnesota vehicle certificate of title issued no more than 12 months before the application;

 

(16) an unexpired Selective Service card;

 

(17) military orders that are still in effect at the time of application;

 

(18) a certified copy of the applicant's certificate of marriage;

 

(19) a certified copy of a court order that specifies the applicant's name change;

 

(20) a certified copy of a divorce decree or dissolution of marriage that specifies the applicant's name change, issued by a court;

 

(21) any of the following documents issued by a foreign jurisdiction:

 

(i) a driver's license that is current or has been expired for five years or less;

 

(ii) a high school, college, or university student identification card with a certified transcript from the school;

 

(iii) an official high school, college, or university transcript that includes the applicant's date of birth and a photograph of the applicant at the age the record was issued; and

 

(iv) a federal electoral photographic card issued on or after January 1, 1991; and

 

(22) additional documents as determined by the commissioner.

 

(b) A document submitted as a primary document under subdivision 9, paragraph (a), clause (3), may not be submitted as a secondary document under this subdivision.

 

(c) Submission of more than one secondary document is not required under this subdivision.

 

Sec. 7.  Minnesota Statutes 2018, section 171.07, subdivision 1, is amended to read:

 

Subdivision 1.  License; contents and design.  (a) Upon the payment of the required fee, the department shall issue to every qualifying applicant a license designating the type or class of vehicles the applicant is authorized to drive as applied for.  This license must bear:  (1) a distinguishing number assigned to the licensee; (2) the licensee's full name and date of birth; (3) either (i) the licensee's residence address, or (ii) the designated address under section 5B.05; (4) a description of the licensee in a manner as the commissioner deems necessary; (5) the usual signature of the licensee; and (6) designations and markings as provided in this section.  No license is valid unless it bears the usual signature of the licensee.  Every license must bear a colored photograph or an electronically produced image of the licensee.


Journal of the House - 23rd Day - Monday, March 18, 2019 - Top of Page 1183

(b) If the United States Postal Service will not deliver mail to the applicant's residence address as listed on the license, then the applicant shall provide verification from the United States Postal Service that mail will not be delivered to the applicant's residence address and that mail will be delivered to a specified alternate mailing address.  When an applicant provides an alternate mailing address under this subdivision, the commissioner shall use the alternate mailing address in lieu of the applicant's residence address for all notices and mailings to the applicant.

 

(c) Every license issued to an applicant under the age of 21 must be of a distinguishing color and plainly marked "Under-21."

 

(d) A license issued to an applicant age 65 or over must be plainly marked "senior" if requested by the applicant.

 

(e) Except for an enhanced driver's license or a noncompliant license, a license must bear a distinguishing indicator for compliance with requirements of the REAL ID Act.

 

(f) A noncompliant license must:

 

(1) be marked "not for federal identification" on the face and in the machine-readable portion; and

 

(2) have a unique design or color indicator for purposes of the REAL ID Act.

 

(g) A noncompliant license issued under any of the following circumstances must be marked "not for voting" on the back side and must bear no other indication regarding lawful presence of the license holder:

 

(1) the application is for first-time issuance of a license in Minnesota, and the applicant has not demonstrated United States citizenship;

 

(2) the applicant's most recently issued noncompliant license or identification card is marked as required under this paragraph or subdivision 3, paragraph (g), and the applicant has not demonstrated United States citizenship; or

 

(3) the applicant submits a document that identifies a temporary lawful status or admission period.

 

(h) A REAL ID compliant license issued to a person with temporary lawful status or admission period must be marked "temporary" on the face and in the machine-readable portion.

 

(h) (i) A license must display the licensee's full name or no fewer than 39 characters of the name.  Any necessary truncation must begin with the last character of the middle name and proceed through the second letter of the middle name, followed by the last character of the first name and proceeding through the second letter of the first name.

 

Sec. 8.  Minnesota Statutes 2018, section 171.07, subdivision 3, is amended to read:

 

Subd. 3.  Identification card; content and design; fee.  (a) Upon payment of the required fee, the department shall issue to every qualifying applicant a Minnesota identification card.  The department may not issue a Minnesota identification card to an individual who has a driver's license, other than a limited license.  The department may not issue an enhanced identification card to an individual who is under 16 years of age, not a resident of this state, or not a citizen of the United States of America.  The card must bear:  (1) a distinguishing number assigned to the applicant; (2) a colored photograph or an electronically produced image of the applicant; (3) the applicant's full name and date of birth; (4) either (i) the licensee's residence address, or (ii) the designated address under section 5B.05; (5) a description of the applicant in the manner as the commissioner deems necessary; (6) the usual signature of the applicant; and (7) designations and markings provided under this section.


Journal of the House - 23rd Day - Monday, March 18, 2019 - Top of Page 1184

(b) If the United States Postal Service will not deliver mail to the applicant's residence address as listed on the Minnesota identification card, then the applicant shall provide verification from the United States Postal Service that mail will not be delivered to the applicant's residence address and that mail will be delivered to a specified alternate mailing address.  When an applicant provides an alternate mailing address under this subdivision, the commissioner shall use the alternate mailing address in lieu of the applicant's residence address for all notices and mailings to the applicant.

 

(c) Each identification card issued to an applicant under the age of 21 must be of a distinguishing color and plainly marked "Under-21."

 

(d) Each Minnesota identification card must be plainly marked "Minnesota identification card - not a driver's license."

 

(e) Except for an enhanced identification card or a noncompliant identification card, a Minnesota identification card must bear a distinguishing indicator for compliance with requirements of the REAL ID Act.

 

(f) A noncompliant identification card must:

 

(1) be marked "not for federal identification" on the face and in the machine-readable portion; and

 

(2) have a unique design or color indicator for purposes of the REAL ID Act.

 

(g) A noncompliant identification card issued under any of the following circumstances must be marked "not for voting" on the back side and must bear no other indication regarding lawful presence of the identification card holder:

 

(1) the application is for first-time issuance of a Minnesota identification card, and the applicant has not demonstrated United States citizenship;

 

(2) the applicant's most recently issued noncompliant license or identification card is marked as required under this paragraph or subdivision 1, paragraph (g), and the applicant has not demonstrated United States citizenship; or

 

(3) the applicant submits a document that identifies a temporary lawful status or admission period.

 

(h) A Minnesota REAL ID compliant identification card issued to a person with temporary lawful status or admission period must be marked "temporary" on the face and in the machine-readable portion.

 

(h) (i) A Minnesota identification card must display the cardholder's full name or no fewer than 39 characters of the name.  Any necessary truncation must begin with the last character of the middle name and proceed through the second letter of the middle name, followed by the last character of the first name and proceeding through the second letter of the first name.

 

(i) (j) The fee for a Minnesota identification card is 50 cents when issued to a person who is developmentally disabled, as defined in section 252A.02, subdivision 2; a physically disabled person, as defined in section 169.345, subdivision 2; or, a person with mental illness, as described in section 245.462, subdivision 20, paragraph (c).

 

Sec. 9.  APPROPRIATIONS.

 

(a) $267,000 in fiscal year 2019 is appropriated from the general fund to the commissioner of public safety to implement the requirements of this act.  This is a onetime appropriation and is available until June 30, 2020.


Journal of the House - 23rd Day - Monday, March 18, 2019 - Top of Page 1185

(b) $76,000 in fiscal year 2020 and $77,000 in fiscal year 2021 are appropriated from the general fund to the commissioner of human rights for purposes of Minnesota Statutes, sections 171.12 and 363A.28, subdivision 11.  The base is $77,000 in each year for fiscal years 2022 and 2023.

 

EFFECTIVE DATE.  Paragraph (a) is effective the day following final enactment.  Paragraph (b) is effective July 1, 2019.

 

Sec. 10.  REPEALER.

 

Minnesota Statutes 2018, section 171.015, subdivision 7, is repealed.

 

Sec. 11.  EFFECTIVE DATE.

 

Unless provided otherwise, this act is effective August 1, 2019, for driver's license and Minnesota identification card applications and issuance on or after that date.

 

ARTICLE 2

RIGHTS AND PROTECTIONS

 

Section 1.  Minnesota Statutes 2018, section 13.6905, is amended by adding a subdivision to read:

 

Subd. 36.  Noncompliant license or identification card; lawful status.  Data on certain noncompliant driver's licenses or identification cards are governed by section 171.12, subdivisions 11 and 12.

 

Sec. 2.  Minnesota Statutes 2018, section 171.12, subdivision 7a, is amended to read:

 

Subd. 7a.  Disclosure of personal information.  (a) The commissioner shall disclose personal information where the use is related to the operation of a motor vehicle or to public safety.  The use of personal information is related to public safety if it concerns the physical safety or security of drivers, vehicles, pedestrians, or property.  The commissioner may refuse to disclose data under this subdivision when the commissioner concludes that the requester is likely to use the data for illegal, improper, or noninvestigative purposes.  Nothing in this paragraph authorizes disclosure of data restricted under subdivision 11.

 

(b) The commissioner shall disclose personal information to the secretary of state for the purpose of increasing voter registration and improving the accuracy of voter registration records in the statewide voter registration system.  The secretary of state may not retain data provided by the commissioner under this subdivision for more than 60 days.

 

Sec. 3.  Minnesota Statutes 2018, section 171.12, subdivision 9, is amended to read:

 

Subd. 9.  Driving record disclosure to law enforcement.  Except as restricted under subdivision 11, the commissioner shall also furnish driving records, without charge, to chiefs of police, county sheriffs, prosecuting attorneys, and other law enforcement agencies with the power to arrest.

 

Sec. 4.  Minnesota Statutes 2018, section 171.12, is amended by adding a subdivision to read:

 

Subd. 11.  Certain data on noncompliant license or identification card; department and agents.  (a) The commissioner must not share or disseminate outside of the division of the department administering driver licensing any data on individuals indicating or otherwise having the effect of identifying that the individual applied for, was denied, or was issued a noncompliant driver's license or identification card without demonstrating United States citizenship or lawful presence in the United States.


Journal of the House - 23rd Day - Monday, March 18, 2019 - Top of Page 1186

(b) A driver's license agent must not share or disseminate, other than to the division of the department administering driver licensing, any data on individuals indicating or otherwise having the effect of identifying that the individual applied for, was denied, or was issued a noncompliant driver's license or identification card without demonstrating United States citizenship or lawful presence in the United States.

 

(c) Data under paragraphs (a) and (b) includes but is not limited to information related to documents submitted under section 171.06, subdivision 8, 9, or 10.

 

(d) Notwithstanding any law to the contrary, this subdivision prohibits the commissioner and a driver's license agent from sharing or disseminating the data described in paragraphs (a) to (c) with any entity otherwise authorized to obtain data under subdivision 7, any political subdivision, any state agency as defined in section 13.02, subdivision 17, or any federal entity.

 

Sec. 5.  Minnesota Statutes 2018, section 171.12, is amended by adding a subdivision to read:

 

Subd. 12.  Certain data on noncompliant license or identification card; criminal justice.  (a) A criminal justice agency, as defined in section 13.02, subdivision 3a, must not take any action on the basis of a marking under section 171.07, subdivision 1, paragraph (g), or 3, paragraph (g).

 

(b) The prohibition in paragraph (a) includes but is not limited to:

 

(1) criminal investigation;

 

(2) detention, search, or arrest;

 

(3) evaluation of citizenship or immigration status; and

 

(4) recording, maintenance, sharing, or disseminating data indicating or otherwise having the effect of identifying that the individual was issued a noncompliant driver's license or identification card under section 171.06, subdivision 7.

 

(c) Nothing in this subdivision prevents a criminal justice agency from the performance of official duties independent of using the data described in paragraph (a).

 

Sec. 6.  Minnesota Statutes 2018, section 171.12, is amended by adding a subdivision to read:

 

Subd. 13.  Noncompliant license or identification card; nondiscrimination.  It is a violation under sections 363A.09, 363A.11, 363A.12, and 363A.13, to discriminate against a person because the person:

 

(1) applied for, was denied, or was issued a noncompliant driver's license or identification card without demonstrating United States citizenship or lawful presence in the United States; or

 

(2) presents a noncompliant driver's license or identification card marked as provided in section 171.07, subdivision 1, paragraph (g), or 3, paragraph (g).

 

Sec. 7.  Minnesota Statutes 2018, section 171.12, is amended by adding a subdivision to read:

 

Subd. 14.  Civil penalty.  (a) A person or entity is subject to a civil penalty if the person or entity:

 

(1) shares or disseminates any data in violation of subdivision 11 or 12;


Journal of the House - 23rd Day - Monday, March 18, 2019 - Top of Page 1187

(2) shares or disseminates any data described in subdivision 11 or 12 in violation of state or federal law or policies of the department; or

 

(3) performs an act in violation of subdivision 13.

 

(b) Consistent with the provisions of chapter 14, the commissioner of human rights may impose a civil penalty in an amount up to $10,000, if upon investigation and determination under the authority granted in section 363A.06 the commissioner determines a violation under this subdivision has occurred.  This penalty is in addition to any rights available or duties imposed under section 363A.28.

 

Sec. 8.  Minnesota Statutes 2018, section 363A.28, is amended by adding a subdivision to read:

 

Subd. 11.  National origin discrimination; evidence.  Discrimination prohibited by this chapter that is based on application for a noncompliant driver's license or identification card without demonstrating United States citizenship or lawful presence in the United States, or based on use of a noncompliant driver's license or identification card marked as provided in section 171.07, subdivision 1, paragraph (g), or 3, paragraph (g), is prima facie evidence of national origin discrimination.

 

ARTICLE 3

ELECTIONS

 

Section 1.  Minnesota Statutes 2018, section 201.061, subdivision 3, is amended to read:

 

Subd. 3.  Election day registration.  (a) An individual who is eligible to vote may register on election day by appearing in person at the polling place for the precinct in which the individual maintains residence, by completing a registration application, making an oath in the form prescribed by the secretary of state and providing proof of residence.  An individual may prove residence for purposes of registering by:

 

(1) presenting a driver's license or Minnesota identification card issued pursuant to section 171.07 that is not marked as provided in section 171.07, subdivision 1, paragraph (g), or 3, paragraph (g);

 

(2) presenting any document approved by the secretary of state as proper identification;

 

(3) presenting one of the following:

 

(i) a current valid student identification card from a postsecondary educational institution in Minnesota, if a list of students from that institution has been prepared under section 135A.17 and certified to the county auditor in the manner provided in rules of the secretary of state; or

 

(ii) a current student fee statement that contains the student's valid address in the precinct together with a picture identification card; or

 

(4) having a voter who is registered to vote in the precinct, or an employee employed by and working in a residential facility in the precinct and vouching for a resident in the facility, sign an oath in the presence of the election judge vouching that the voter or employee personally knows that the individual is a resident of the precinct.  A voter who has been vouched for on election day may not sign a proof of residence oath vouching for any other individual on that election day.  A voter who is registered to vote in the precinct may sign up to eight proof‑of‑residence oaths on any election day.  This limitation does not apply to an employee of a residential facility described in this clause.  The secretary of state shall provide a form for election judges to use in recording the number of individuals for whom a voter signs proof-of-residence oaths on election day.  The form must include space for the maximum number of individuals for whom a voter may sign proof-of-residence oaths.  For each


Journal of the House - 23rd Day - Monday, March 18, 2019 - Top of Page 1188

proof‑of-residence oath, the form must include a statement that the individual:  (i) is registered to vote in the precinct or is an employee of a residential facility in the precinct, (ii) personally knows that the voter is a resident of the precinct, and (iii) is making the statement on oath.  The form must include a space for the voter's printed name, signature, telephone number, and address.

 

The oath required by this subdivision and Minnesota Rules, part 8200.9939, must be attached to the voter registration application.

 

(b) The operator of a residential facility shall prepare a list of the names of its employees currently working in the residential facility and the address of the residential facility.  The operator shall certify the list and provide it to the appropriate county auditor no less than 20 days before each election for use in election day registration.

 

(c) "Residential facility" means transitional housing as defined in section 256E.33, subdivision 1; a supervised living facility licensed by the commissioner of health under section 144.50, subdivision 6; a nursing home as defined in section 144A.01, subdivision 5; a residence registered with the commissioner of health as a housing with services establishment as defined in section 144D.01, subdivision 4; a veterans home operated by the board of directors of the Minnesota Veterans Homes under chapter 198; a residence licensed by the commissioner of human services to provide a residential program as defined in section 245A.02, subdivision 14; a residential facility for persons with a developmental disability licensed by the commissioner of human services under section 252.28; setting authorized to provide housing support as defined in section 256I.03, subdivision 3; a shelter for battered women as defined in section 611A.37, subdivision 4; or a supervised publicly or privately operated shelter or dwelling designed to provide temporary living accommodations for the homeless.

 

(d) For tribal band members, an individual may prove residence for purposes of registering by:

 

(1) presenting an identification card issued by the tribal government of a tribe recognized by the Bureau of Indian Affairs, United States Department of the Interior, that contains the name, address, signature, and picture of the individual; or

 

(2) presenting an identification card issued by the tribal government of a tribe recognized by the Bureau of Indian Affairs, United States Department of the Interior, that contains the name, signature, and picture of the individual and also presenting one of the documents listed in Minnesota Rules, part 8200.5100, subpart 2, item B.

 

(e) A county, school district, or municipality may require that an election judge responsible for election day registration initial each completed registration application.

 

Sec. 2.  COUNTY NOTIFICATION; ELECTION JUDGE TRAINING.

 

(a) The secretary of state shall inform each county auditor that a driver's license or Minnesota identification card must not be used or accepted for voter registration purposes under Minnesota Statutes, section 201.061, if it is marked as provided in Minnesota Statutes, section 171.07, subdivision 1, paragraph (g), or 3, paragraph (g).

 

(b) Each county auditor must inform all election officials and election judges hired for an election that driver's licenses and Minnesota identification cards identified under paragraph (a) must not be used or accepted for voter registration purposes under Minnesota Statutes, section 201.061.  County auditors and municipal clerks must include this information in all election judge training courses.

 

EFFECTIVE DATE.  This section is effective January 1, 2020."


Journal of the House - 23rd Day - Monday, March 18, 2019 - Top of Page 1189

Delete the title and insert:

 

"A bill for an act relating to transportation; modifying requirements for a noncompliant driver's license or Minnesota identification card and making related changes, including on eligibility, proof of lawful presence, primary and secondary documentation, discrimination, voter registration, and data practices; making technical changes; appropriating money; amending Minnesota Statutes 2018, sections 13.6905, by adding a subdivision; 171.04, subdivision 5; 171.06, subdivision 3, by adding subdivisions; 171.07, subdivisions 1, 3; 171.12, subdivisions 7a, 9, by adding subdivisions; 201.061, subdivision 3; 363A.28, by adding a subdivision; repealing Minnesota Statutes 2018, section 171.015, subdivision 7."

 

 

With the recommendation that when so amended the bill be placed on the General Register.

 

      The report was adopted.

 

 

Moran from the Committee on Health and Human Services Policy to which was referred:

 

H. F. No. 1523, A bill for an act relating to human services; directing commissioner of human services to establish a prescription drug purchasing program; specifying program authority and eligibility requirements; proposing coding for new law in Minnesota Statutes, chapter 256B.

 

Reported the same back with the following amendments:

 

Page 1, after line 5, insert:

 

"Section 1.  Minnesota Statutes 2018, section 62J.23, subdivision 2, is amended to read:

 

Subd. 2.  Restrictions.  (a) From July 1, 1992, until rules are adopted by the commissioner under this section, the restrictions in the federal Medicare antikickback statutes in section 1128B(b) of the Social Security Act, United States Code, title 42, section 1320a-7b(b), and rules adopted under the federal statutes, apply to all persons in the state, regardless of whether the person participates in any state health care program.

 

(b) Nothing in paragraph (a) shall be construed to prohibit an individual from receiving a discount or other reduction in price or a limited-time free supply or samples of a prescription drug, medical supply, or medical equipment offered by a pharmaceutical manufacturer, medical supply or device manufacturer, health plan company, or pharmacy benefit manager, so long as:

 

(1) the discount or reduction in price is provided to the individual in connection with the purchase of a prescription drug, medical supply, or medical equipment prescribed for that individual;

 

(2) it otherwise complies with the requirements of state and federal law applicable to enrollees of state and federal public health care programs;

 

(3) the discount or reduction in price does not exceed the amount paid directly by the individual for the prescription drug, medical supply, or medical equipment; and

 

(4) the limited-time free supply or samples are provided by a physician or pharmacist, as provided by the federal Prescription Drug Marketing Act.


Journal of the House - 23rd Day - Monday, March 18, 2019 - Top of Page 1190

For purposes of this paragraph, "prescription drug" includes prescription drugs that are administered through infusion, and related services and supplies.

 

(c) No benefit, reward, remuneration, or incentive for continued product use may be provided to an individual or an individual's family by a pharmaceutical manufacturer, medical supply or device manufacturer, or pharmacy benefit manager, except that this prohibition does not apply to:

 

(1) activities permitted under paragraph (b);

 

(2) a pharmaceutical manufacturer, medical supply or device manufacturer, health plan company, or pharmacy benefit manager providing to a patient, at a discount or reduced price or free of charge, ancillary products necessary for treatment of the medical condition for which the prescription drug, medical supply, or medical equipment was prescribed or provided; and

 

(3) a pharmaceutical manufacturer, medical supply or device manufacturer, health plan company, or pharmacy benefit manager providing to a patient a trinket or memento of insignificant value.

 

(d) Nothing in this subdivision shall be construed to prohibit a health plan company from offering a tiered formulary with different co-payment or cost-sharing amounts for different drugs."

 

Renumber the sections in sequence

 

Correct the title numbers accordingly

 

 

With the recommendation that when so amended the bill be re-referred to the Committee on Ways and Means.

 

      The report was adopted.

 

 

Moran from the Committee on Health and Human Services Policy to which was referred:

 

H. F. No. 1535, A bill for an act relating to human services; establishing an enhanced asthma care services benefit for medical assistance; providing for medical assistance coverage of certain products to reduce asthma triggers; amending Minnesota Statutes 2018, sections 256B.04, subdivision 14; 256B.0625, subdivision 31, by adding a subdivision.

 

Reported the same back with the recommendation that the bill be re-referred to the Committee on Ways and Means.

 

      The report was adopted.

 

 

Moran from the Committee on Health and Human Services Policy to which was referred:

 

H. F. No. 1542, A bill for an act relating to health; allowing homeless youth to obtain certain vital records without paying fees; providing for Minnesota identification card issuance to homeless youth; establishing a homeless youth state training and systems alignment task force; appropriating money; amending Minnesota Statutes 2018, sections 144.212, by adding a subdivision; 144.225, subdivision 7, by adding a subdivision; 144.226, by adding a subdivision; 171.06, by adding a subdivision; 171.07, subdivision 3.

 

Reported the same back with the following amendments:


Journal of the House - 23rd Day - Monday, March 18, 2019 - Top of Page 1191

Delete everything after the enacting clause and insert:

 

"Section 1.  Minnesota Statutes 2018, section 256K.45, subdivision 2, is amended to read:

 

Subd. 2.  Homeless youth report.  The commissioner shall prepare a biennial report, beginning in February 2015, which provides meaningful information to the legislative committees having jurisdiction over the issue of homeless youth, that includes, but is not limited to:  (1) a list of the areas of the state with the greatest need for services and housing for homeless youth, and the level and nature of the needs identified; (2) details about grants made, including shelter-linked youth mental health grants under section 256K.46; (3) the distribution of funds throughout the state based on population need; (4) follow-up information, if available, on the status of homeless youth and whether they have stable housing two years after services are provided; and (5) any other outcomes for populations served to determine the effectiveness of the programs and use of funding.

 

Sec. 2.  [256K.46] SHELTER-LINKED YOUTH MENTAL HEALTH GRANT PROGRAM.

 

Subdivision 1.  Establishment and authority.  (a) The commissioner of human services shall make grants to provide mental health services to homeless or sexually exploited youth.  To be eligible, housing providers must partner with community-based mental health practitioners to provide a continuum of mental health services, including short-term crisis response, support for youth in longer-term housing settings, and ongoing relationships to support youth in other housing arrangements in the community for homeless or sexually exploited youth.

 

(b) The commissioner shall consult with the commissioner of management and budget to identify evidence‑based mental health services for youth and give priority in awarding grants to proposals that include evidence-based mental health services for youth.

 

(c) The commissioner may make two-year grants under this section.

 

(d) Money appropriated for this section must be expended on activities described under subdivision 4, technical assistance, and capacity building to meet the greatest need on a statewide basis.  The commissioner shall provide outreach, technical assistance, and program development support to increase capacity of new and existing service providers to better meet needs statewide, particularly in areas where shelter-linked youth mental health services have not been established, especially in greater Minnesota.

 

Subd. 2.  Definitions.  (a) The definitions in this subdivision apply to this section.

 

(b) "Commissioner" means the commissioner of human services, unless otherwise indicated.

 

(c) "Housing provider" means a shelter, housing program, or other entity providing services under the Homeless Youth Act in section 256K.45 and the Safe Harbor for Sexually Exploited Youth Act in section 145.4716.

 

(d) "Mental health practitioner" has the meaning given in section 245.462, subdivision 17.

 

(e) "Youth" has the meanings given for "homeless youth," "youth at risk for homelessness," and "runaway" in section 256K.45, subdivision 1a, "sexually exploited youth" in section 260C.007, subdivision 31, and "youth eligible for services" in section 145.4716, subdivision 3.

 

Subd. 3.  Eligibility.  An eligible applicant for shelter-linked youth mental health grants under subdivision 1 is a housing provider that:

 

(1) demonstrates that the provider received targeted trauma training focused on sexual exploitation and adolescent experiences of homelessness; and


Journal of the House - 23rd Day - Monday, March 18, 2019 - Top of Page 1192

(2) partners with a community-based mental health practitioner who has demonstrated experience or access to training regarding adolescent development and trauma-informed responses.

 

Subd. 4.  Allowable grant activities.  (a) Grant recipients may conduct the following activities with community‑based mental health practitioners:

 

(1) develop programming to prepare youth to receive mental health services;

 

(2) provide on-site mental health services, including group skills and therapy sessions.  Grant recipients are encouraged to use evidence-based mental health services;

 

(3) provide mental health case management, as defined in section 256B.0625, subdivision 20; and

 

(4) consult, train, and educate housing provider staff regarding mental health.  Grant recipients are encouraged to provide staff with access to a mental health crisis line 24 hours a day, seven days a week.

 

(b) Only after assisting participants with obtaining health insurance coverage for which the participant is eligible, and only after mental health practitioners bill covered services to medical assistance or health plan companies, grant recipients may use grant funds to fill gaps in insurance coverage for mental health services.

 

(c) Grant funds may be used for purchasing equipment, connection charges, on-site coordination, set-up fees, and site fees to deliver shelter-linked youth mental health services defined in this subdivision via telemedicine consistent with section 256B.0625, subdivision 3b.

 

Subd. 5.  Reporting.  Grant recipients shall report annually on the use of shelter-linked youth mental health grants to the commissioner by December 31, beginning in 2020.  Each report shall include the name and location of the grant recipient, the amount of each grant, the youth mental health services provided, and the number of youth receiving services.  The commissioner shall determine the form required for the report and may specify additional reporting requirements.  The commissioner shall include the shelter-linked youth mental health services program in the biennial report required under section 256K.45, subdivision 2.

 

Sec. 3.  DIRECTION TO COMMISSIONER; HOMELESS YOUTH ACCESS TO BIRTH RECORDS AND MINNESOTA IDENTIFICATION CARDS.

 

No later than January 15, 2020, the commissioner of human services, in consultation with the commissioners of health and public safety, shall report to the chairs and ranking minority members of the legislative committees and divisions with jurisdiction over the Homeless Youth Act with recommendations, including proposed legislation on providing homeless youth with access to birth records and Minnesota identification cards at no cost.

 

Sec. 4.  APPROPRIATION.

 

Subdivision 1.  Shelter-linked youth mental health grants.  $....... in fiscal year 2020 and $....... in fiscal year 2021 are appropriated from the general fund to the commissioner of human services for shelter-linked youth mental health grants under Minnesota Statutes, section 256K.46. 

 

Subd. 2.  Grant evaluations.  (a) $....... in fiscal year 2020 and $....... in fiscal year 2021 are appropriated from the general fund to the commissioner of management and budget to evaluate grant recipients' use of evidence-based mental health services for youth.  This is a onetime appropriation.

 

(b) Notwithstanding Minnesota Statutes, section 256K.46, subdivision 1, paragraph (b), in fiscal year 2020 and fiscal year 2021 only, the commissioner of human services may award grants to applicants proposing services that are theory-based or promising practices.  In fiscal year 2020 and fiscal year 2021, the commissioner of management


Journal of the House - 23rd Day - Monday, March 18, 2019 - Top of Page 1193

and budget, in consultation with the Department of Human Services, shall conduct program evaluations using experimental or quasi-experimental designs for projects under Minnesota Statutes, section 256K.46, that use theory‑based or promising practices.  Grant recipients must consult with the commissioner of management and budget and implement the projects to facilitate the program evaluation and collect and report the information needed to complete the program evaluation.  The commissioner of management and budget, under Minnesota Statutes, section 15.08, may obtain additional relevant data to support the experimental or quasi-experimental program evaluation.

 

Subd. 3.  Homeless Youth Act.  $5,619,000 in fiscal year 2020 and $5,619,000 in fiscal year 2021 are appropriated from the general fund to the commissioner of human services for purposes of the Homeless Youth Act under Minnesota Statutes, section 256K.45.  This appropriation must be used to fund the full continuum of services under Minnesota Statutes, section 256K.45, however, priority must be given to fund activities related to providing mobile case management and housing for young families.  This appropriation is added to the base.

 

EFFECTIVE DATE.  This section is effective July 1, 2019."

 

Delete the title and insert:

 

"A bill for an act relating to human services; establishing the shelter-linked youth mental health grant program; requiring reports; appropriating money; amending Minnesota Statutes 2018, section 256K.45, subdivision 2; proposing coding for new law in Minnesota Statutes, chapter 256K."

 

 

With the recommendation that when so amended the bill be re-referred to the Committee on Ways and Means.

 

      The report was adopted.

 

 

Hornstein from the Transportation Finance and Policy Division to which was referred:

 

H. F. No. 1545, A bill for an act relating to motor vehicles; modifying certain color requirements for school bus body standards; amending Minnesota Statutes 2018, section 169.4503, subdivision 5.

 

Reported the same back with the recommendation that the bill be placed on the General Register.

 

      The report was adopted.

 

 

Hornstein from the Transportation Finance and Policy Division to which was referred:

 

H. F. No. 1649, A bill for an act relating to transportation; providing for third-party testing for school bus companies; amending Minnesota Statutes 2018, section 171.01, by adding subdivisions; proposing coding for new law in Minnesota Statutes, chapter 171.

 

Reported the same back with the following amendments:

 

Page 2, line 1, after the period, insert "A third-party testing program may be reimbursed by the tested driver's school district or company."

 

 

With the recommendation that when so amended the bill be placed on the General Register.

 

      The report was adopted.


Journal of the House - 23rd Day - Monday, March 18, 2019 - Top of Page 1194

Lesch from the Judiciary Finance and Civil Law Division to which was referred:

 

H. F. No. 1661, A bill for an act relating to agriculture; allowing Minnesota hemp growers to sell Minnesota grown hemp to manufacturers in the medical cannabis program; amending Minnesota Statutes 2018, sections 18K.02, subdivision 3; 18K.03; 152.22, by adding a subdivision; 152.25, subdivision 4; 152.29, subdivisions 1, 2, 3a; 152.31; 152.36, subdivision 2.

 

Reported the same back with the recommendation that the bill be re-referred to the Committee on Ways and Means.

 

      The report was adopted.

 

 

Youakim from the Committee on Education Policy to which was referred:

 

H. F. No. 1711, A bill for an act relating to education; superintendents; making various nonsubstantive style and form changes; amending Minnesota Statutes 2018, section 123B.143, subdivision 1.

 

Reported the same back with the following amendments:

 

Delete everything after the enacting clause and insert:

 

"ARTICLE 1

GENERAL EDUCATION

 

Section 1.  Minnesota Statutes 2018, section 120A.20, subdivision 2, is amended to read:

 

Subd. 2.  Education, residence, and transportation of homeless.  (a) Notwithstanding subdivision 1, a district must not deny free admission to a homeless pupil solely because the district cannot determine that the pupil is a resident of the district.

 

(b) The school district of residence for a homeless pupil shall be the school district in which the parent or legal guardian resides, unless:  (1) parental rights have been terminated by court order; (2) the parent or guardian is not living within the state; or (3) the parent or guardian having legal custody of the child is an inmate of a Minnesota correctional facility or is a resident of a halfway house under the supervision of the commissioner of corrections.  If any of clauses (1) to (3) apply, the school district of residence shall be the school district in which the pupil resided when the qualifying event occurred.  If no other district of residence can be established, the school district of residence shall be the school district in which the pupil currently resides.  If there is a dispute between school districts regarding residency, the district of residence is the district designated by the commissioner of education.

 

(c) Except as provided in paragraph (d), the serving district is responsible for transporting a homeless pupil to and from the pupil's district of residence.  The district may transport from a permanent home in another district but only through the end of the academic school year.  When a pupil is enrolled in a charter school, the district or school that provides transportation for other pupils enrolled in the charter school is responsible for providing transportation.  When a homeless student pupil with or without an individualized education program attends a public school other than an independent or special school district or charter school, the district of residence is responsible for transportation.


Journal of the House - 23rd Day - Monday, March 18, 2019 - Top of Page 1195

(d) For a homeless pupil with an individualized education plan enrolled in a program authorized by an intermediate school district, special education cooperative, service cooperative, or education district, the serving district at the time of the pupil's enrollment in the program remains responsible for transporting that pupil for the remainder of the school year, unless the initial serving district and the current serving district mutually agree that the current serving district is responsible for transporting the homeless pupil.

 

EFFECTIVE DATE.  This section is effective July 1, 2019.

 

Sec. 2.  [120A.21] ENROLLMENT OF A STUDENT IN FOSTER CARE.

 

Within seven school days of a student's placement in foster care and each placement thereafter, a student who is placed in foster care must remain enrolled in the school the student is enrolled in at the time of placement if it is in the student's best interests, or be enrolled in a new school district.  Pursuant to section 124D.08, subdivision 2b, if the student's foster care placement is in another district, the student may remain enrolled in the prior district.

 

Sec. 3.  Minnesota Statutes 2018, section 120A.35, is amended to read:

 

120A.35 ABSENCE FROM SCHOOL FOR RELIGIOUS OBSERVANCE.

 

Reasonable efforts must be made by a school district to accommodate any pupil who wishes to be excused from a curricular activity for a religious observance.  A school board must provide annual notice to parents of the school district's policy relating to a pupil's absence from school for a religious observance.  A school board may satisfy the notice requirement by including the notice in a student handbook containing school policies or by posting the notice on the district website.

 

EFFECTIVE DATE.  This section is effective for the 2019-2020 school year and later.

 

Sec. 4.  Minnesota Statutes 2018, section 120A.40, is amended to read:

 

120A.40 SCHOOL CALENDAR.

 

(a) Except for learning programs during summer, flexible learning year programs authorized under sections 124D.12 to 124D.127, and learning year programs under section 124D.128, a district must not commence an elementary or secondary school year before Labor Day, except as provided under paragraph (b).  Days devoted to teachers' workshops may be held before Labor Day.  Districts that enter into cooperative agreements are encouraged to adopt similar school calendars.

 

(b) A district may begin the school year on any day before Labor Day:

 

(1) to accommodate a construction or remodeling project of $400,000 or more affecting a district school facility;

 

(2) if the district has an agreement under section 123A.30, 123A.32, or 123A.35 with a district that qualifies under clause (1); or

 

(3) if the district agrees to the same schedule with a school district in an adjoining state.

 

(c) A school board may consider the community's religious observances when adopting an annual school calendar. 

 

EFFECTIVE DATE.  This section is effective for the 2019-2020 school year and later.


Journal of the House - 23rd Day - Monday, March 18, 2019 - Top of Page 1196

Sec. 5.  Minnesota Statutes 2018, section 123A.64, is amended to read:

 

123A.64 DUTY TO MAINTAIN ELEMENTARY AND SECONDARY SCHOOLS.

 

Each district must maintain classified elementary and secondary schools, grades 1 kindergarten through grade 12, unless the district is exempt according to section 123A.61 or 123A.62, has made an agreement with another district or districts as provided in sections 123A.30, 123A.32, or sections 123A.35 to 123A.43, or 123A.17, subdivision 7, has received a grant under sections 123A.441 to 123A.445, or has formed a cooperative under section 123A.482.  A district that has an agreement according to sections 123A.35 to 123A.43 or 123A.32 must operate a school with the number of grades required by those sections.  A district that has an agreement according to section 123A.30 or 123A.17, subdivision 7, or has received a grant under sections 123A.441 to 123A.445 must operate a school for the grades not included in the agreement, but not fewer than three grades.

 

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

 

Sec. 6.  Minnesota Statutes 2018, section 123B.143, subdivision 1, is amended to read:

 

Subdivision 1.  Contract; duties.  (a) All districts maintaining a classified secondary school must employ a superintendent who shall be must serve as an ex officio nonvoting member of the school board.  The authority for selection and employment of a superintendent must be vested in the board in all cases.

 

(b) An individual employed by a board as a superintendent shall must have an initial employment contract for a period of time no longer than three years from the date of employment.  Any subsequent employment contract must not exceed a period of three years.  A board, at its discretion, may or may not renew an employment contract.  A board must not, by action or inaction, extend the duration of an existing employment contract.  Beginning 365 days prior to the expiration date of an existing employment contract, a board may negotiate and enter into a subsequent employment contract to take effect upon the expiration of the existing contract.  A subsequent contract must be contingent upon the employee completing the terms of an existing contract.  If a contract between a board and a superintendent is terminated prior to the date specified in the contract, the board may not enter into another superintendent contract with that same individual that has a term that extends beyond the date specified in the terminated contract.

 

(c) A board may terminate a superintendent during the term of an employment contract for any of the grounds specified in section 122A.40, subdivision 9 or 13.  A superintendent shall must not rely upon an employment contract with a board to assert any other continuing contract rights in the position of superintendent under section 122A.40.  Notwithstanding the provisions of sections 122A.40, subdivision 10 or 11, 123A.32, 123A.75, or any other law to the contrary, no individual shall have has a right to employment as a superintendent based on order of employment in any district.

 

(d) If two or more districts enter into an agreement for the purchase or sharing of the services of a superintendent, the contracting districts have the absolute right to select one of the individuals employed to serve as superintendent in one of the contracting districts and no individual has a right to employment as the superintendent to provide all or part of the services based on order of employment in a contracting district.

 

(e) The superintendent of a district shall must perform the following:

 

(1) visit and supervise the schools in the district, report and make recommendations about their condition when advisable or on request by the board;

 

(2) recommend to the board employment and dismissal of teachers;


Journal of the House - 23rd Day - Monday, March 18, 2019 - Top of Page 1197

(3) annually evaluate each school principal assigned responsibility for supervising a school building within the district, consistent with section 123B.147, subdivision 3, paragraph (b);

 

(4) superintend school grading practices and examinations for promotions;

 

(5) make reports required by the commissioner; and

 

(6) perform other duties prescribed by the board.

 

Sec. 7.  Minnesota Statutes 2018, section 123B.41, subdivision 2, is amended to read:

 

Subd. 2.  Textbook.  (a) "Textbook" means any book or book substitute, including electronic books as well as other printed materials delivered electronically, which a pupil uses as a text or text substitute in a particular class or program in the school regularly attended and a copy of which is expected to be available for the individual use of each pupil in this class or program.  Textbook includes an online book with an annual subscription cost.  Textbook includes a teacher's edition, teacher's guide, or other materials that accompany a textbook that a pupil uses when the teacher's edition, teacher's guide, or other teacher materials are packaged physically or electronically with textbooks for student use.

 

(b) For purposes of calculating the annual nonpublic pupil aid entitlement for textbooks, the term shall be limited to books, workbooks, or manuals, whether bound or in loose-leaf form, as well as electronic books and other printed materials delivered electronically, intended for use as a principal source of study material for a given class or a group of students.

 

(c) For purposes of sections 123B.40 to 123B.48, the terms "textbook" and "software or other educational technology" include only such secular, neutral, and nonideological materials as are available, used by, or of benefit to Minnesota public school pupils.

 

EFFECTIVE DATE.  This section is effective the day following final enactment.

 

Sec. 8.  Minnesota Statutes 2018, section 123B.41, subdivision 5, is amended to read:

 

Subd. 5.  Individualized instructional or cooperative learning materials.  (a) "Individualized instructional or cooperative learning materials" means educational materials which:

 

(a) (1) are designed primarily for individual pupil use or use by pupils in a cooperative learning group in a particular class or program in the school the pupil regularly attends, including teacher materials that accompany materials that a pupil uses;

 

(b) (2) are secular, neutral, nonideological and not capable of diversion for religious use; and

 

(c) (3) are available, used by, or of benefit to Minnesota public school pupils.

 

(b) Subject to the requirements in clauses (a), (b), and (c) paragraph (a), "individualized instructional or cooperative learning materials" include, but are not limited to, the following if they do not fall within the definition of "textbook" in subdivision 2:  published materials; periodicals; documents; pamphlets; photographs; reproductions; pictorial or graphic works; prerecorded video programs; prerecorded tapes, cassettes and other sound recordings; manipulative materials; desk charts; games; study prints and pictures; desk maps; models; learning kits; blocks or cubes; flash cards; individualized multimedia systems; prepared instructional computer software programs; choral and band sheet music; electronic books and other printed materials delivered electronically; and CD-Rom.


Journal of the House - 23rd Day - Monday, March 18, 2019 - Top of Page 1198

(c) "Individualized instructional or cooperative learning materials" do not include instructional equipment, instructional hardware, or ordinary daily consumable classroom supplies.

 

EFFECTIVE DATE.  This section is effective the day following final enactment.

 

Sec. 9.  Minnesota Statutes 2018, section 123B.42, subdivision 3, is amended to read:

 

Subd. 3.  Cost; limitation.  (a) The cost per pupil of the textbooks, individualized instructional or cooperative learning materials, software or other educational technology, and standardized tests provided for in this section for each school year must not exceed the statewide average expenditure per pupil, adjusted pursuant to clause paragraph (b), by the Minnesota public elementary and secondary schools for textbooks, individualized instructional materials and standardized tests as computed and established by the department by February 1 of the preceding school year from the most recent public school year data then available.

 

(b) The cost computed in clause paragraph (a) shall be increased by an inflation adjustment equal to the percent of increase in the formula allowance, pursuant to section 126C.10, subdivision 2, from the second preceding school year to the current school year.  Notwithstanding the amount of the formula allowance for fiscal years 2015 and 2016 in section 126C.10, subdivision 2, the commissioner shall use the amount of the formula allowance for the current year minus $414 in determining the inflation adjustment for fiscal years 2015 and 2016.

 

(c) The commissioner shall allot to the districts or intermediary service areas the total cost for each school year of providing or loaning the textbooks, individualized instructional or cooperative learning materials, software or other educational technology, and standardized tests for the pupils in each nonpublic school.  The allotment shall not exceed the product of the statewide average expenditure per pupil, according to clause paragraph (a), adjusted pursuant to clause paragraph (b), multiplied by the number of nonpublic school pupils who make requests pursuant to this section and who are enrolled as of September 15 of the current school year.

 

Sec. 10.  Minnesota Statutes 2018, section 123B.49, subdivision 4, is amended to read:

 

Subd. 4.  Board control of extracurricular activities.  (a) The board may must take charge of and control all extracurricular activities of the teachers and children of the public schools in the district.  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.  The board shall allow all resident pupils receiving instruction in a home school as defined in section 123B.36, subdivision 1, paragraph (a), to be eligible to fully participate in extracurricular activities on the same basis as public school students.

 

(b) Extracurricular activities have all of the following characteristics:

 

(1) they are not offered for school credit nor required for graduation;

 

(2) they are generally conducted outside school hours, or if partly during school hours, at times agreed by the participants, and approved by school authorities;

 

(3) the content of the activities is determined primarily by the pupil participants under the guidance of a staff member or other adult.

 

(c) If the board does not take charge of and control extracurricular activities, these activities shall be self‑sustaining with all expenses, except direct salary costs and indirect costs of the use of school facilities, met by dues, admissions, or other student fund-raising events.  The general fund must reflect only those salaries directly related to and readily identified with the activity and paid by public funds.  Other revenues and expenditures for extra curricular activities must be recorded according to the Manual for Activity Fund Accounting.  Extracurricular activities not under board control must have an annual financial audit and must also be audited annually for compliance with this section.


Journal of the House - 23rd Day - Monday, March 18, 2019 - Top of Page 1199

(d) If the board takes charge of and controls extracurricular activities, (c) Any or all costs of these activities may be provided from school revenues and all revenues and expenditures for these activities shall be recorded in the same manner as other revenues and expenditures of the district.

 

(e) If the board takes charge of and controls extracurricular activities, (d) The teachers or pupils in the district must not participate in such activity, nor shall the school name or any allied name be used in connection therewith, except by consent and direction of the board.

 

(e) A school district must reserve revenue raised for extracurricular activities and spend the revenue only for extracurricular activities.

 

Sec. 11.  Minnesota Statutes 2018, section 126C.126, is amended to read:

 

126C.126 USE OF GENERAL EDUCATION REVENUE FOR ALL-DAY KINDERGARTEN AND PREKINDERGARTEN.

 

A school district may spend general education revenue on extended time kindergarten and prekindergarten programs.  At the school board's discretion, the district may use revenue generated by the all-day kindergarten pupil count under section 126C.05, subdivision 1, paragraph (d), to meet the needs of three- and four-year-olds in the district.  A school district may not use these funds on programs for three- and four-year-old children while maintaining a fee-based all-day kindergarten program.

 

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

 

Sec. 12.  [127A.20] EVIDENCE-BASED EDUCATION GRANTS.

 

Subdivision 1.  Purpose and applicability.  The purpose of this section is to create a process to describe, measure, and report on the effectiveness of any prekindergarten through grade 12 grant programs funded in whole or in part through funds appropriated by the legislature to the commissioner of education for grants to organizations.  The evidence-based evaluation required by this section applies to all grants awarded by the commissioner of education on or after July 1, 2019.

 

Subd. 2.  Goals.  Each applicant for a grant awarded by the commissioner of education must include in the grant application a statement of the goals of the grant.  To the extent practicable, the goals must be aligned to the state's world's best workforce and the federally required Every Student Succeeds Act accountability systems.

 

Subd. 3.  Strategies and data.  Each applicant must include in the grant application a description of the strategies that will be used to meet the goals specified in the application.  The applicant must also include a plan to collect data to measure the effectiveness of the strategies outlined in the grant application.

 

Subd. 4.  Reporting.  Within 180 days of the end of the grant period, each grant recipient must compile a report that describes the data that was collected and evaluate the effectiveness of the strategies.  The evidence-based report may identify or propose alternative strategies based on the results of the data.  The report must be submitted to the commissioner of education and to the chairs and ranking minority members of the legislative committees with jurisdiction over prekindergarten through grade 12 education.  The report must be filed with the Legislative Reference Library according to section 3.195.

 

Subd. 5.  Grant defined.  For purposes of this section, a grant means money appropriated from the state general fund to the commissioner of education for distribution to the grant recipients.

 

EFFECTIVE DATE.  This section is effective July 1, 2019.


Journal of the House - 23rd Day - Monday, March 18, 2019 - Top of Page 1200

Sec. 13.  SCHOOL START DATE FOR THE 2020-2021 AND 2021-2022 SCHOOL YEARS ONLY.

 

Notwithstanding Minnesota Statutes, section 120A.40, or any other law to the contrary, for the 2020-2021 school year only, school districts may begin the school year on August 31, and for the 2021-2022 school year only, school districts may begin the school year on August 30.

 

Sec. 14.  REPEALER.

 

Minnesota Statutes 2018, section 127A.14, is repealed.

 

EFFECTIVE DATE.  This section is effective the day following final enactment.

 

ARTICLE 2

EDUCATION EXCELLENCE

 

Section 1.  Minnesota Statutes 2018, section 5A.03, subdivision 2, is amended to read:

 

Subd. 2.  Placing Minnesota students in travel abroad programs.  (a) A school district or charter school with enrolled students who participate in a foreign exchange or study or other travel abroad program or whose enrolled students participate in a foreign exchange or study or other travel abroad program under a written agreement between the district or charter school and the program provider must use a form developed by the Department of Education to annually report to the department by November 1 the following data from the previous school year:

 

(1) the number of Minnesota student deaths that occurred while Minnesota students were participating in the foreign exchange or study or other travel abroad program and that resulted from Minnesota students participating in the program;

 

(2) the number of Minnesota students hospitalized due to accidents and the illnesses that occurred while Minnesota students were participating in the foreign exchange or study or other travel abroad program and that resulted from Minnesota students participating in the program; and

 

(3) the name and type of the foreign exchange or study or other travel abroad program and the city or region where the reported death, hospitalization due to accident, or the illness occurred.

 

(b) School districts and charter schools must ask but must not require enrolled eligible students and the parents or guardians of other enrolled students who complete a foreign exchange or study or other travel abroad program to disclose the information under paragraph (a).

 

(c) When reporting the data under paragraph (a), a school district or charter school may supplement the data with a brief explanatory statement.  The Department of Education annually must aggregate and publish the reported data on the department website in a format that facilitates public access to the aggregated data and include links to both the United States Department of State's Consular Information Program that informs the public of conditions abroad that may affect students' safety and security and the publicly available reports on sexual assaults and other criminal acts affecting students participating in a foreign exchange or study or other travel abroad program.

 

(d) School districts and charter schools with enrolled students who participate in foreign exchange or study or other travel abroad programs under a written agreement between the district or charter school and the program provider are encouraged to adopt policies supporting the programs and to include program standards in their policies to ensure students' health and safety.


Journal of the House - 23rd Day - Monday, March 18, 2019 - Top of Page 1201

(e) To be eligible under this subdivision to provide a foreign exchange or study or other travel abroad program to Minnesota students enrolled in a school district or charter school, a program provider annually must register with the secretary of state and provide the following information on a form developed by the secretary of state:  the name, address, and telephone number of the program provider, its chief executive officer, and the person within the provider's organization who is primarily responsible for supervising programs within the state; the program provider's unified business identification number, if any; whether the program provider is exempt from federal income tax; a list of the program provider's placements in foreign countries for the previous school year including the number of Minnesota students placed, where Minnesota students were placed, and the length of their placement; the terms and limits of the medical and accident insurance available to cover participating students and the process for filing a claim; and the signatures of the program provider's chief executive officer and the person primarily responsible for supervising Minnesota students' placements in foreign countries.  If the secretary of state determines the registration is complete, the secretary of state shall file the registration and the program provider is registered.  Registration with the secretary of state must not be considered or represented as an endorsement of the program provider by the secretary of state.  The secretary of state annually must publish on its website aggregated data under paragraph (c) received from the Department of Education.

 

(f) Program providers, annually by August 1, must provide the data required under paragraph (a), clauses (1) to (3), to the districts and charter schools with enrolled students participating in the provider's program.

 

(g) The Department of Education must publish the information it has under paragraph (c), but it is not responsible for any errors or omissions in the information provided to it by a school district or charter school.  A school district or charter school is not responsible for omissions in the information provided to it by students and programs.

 

Sec. 2.  Minnesota Statutes 2018, section 120A.22, subdivision 5, is amended to read:

 

Subd. 5.  Ages and terms.  (a) Every child between seven six and 17 years of age must receive instruction unless the child has graduated.  Every child under the age of seven six who is enrolled in a half-day kindergarten, or a full-day kindergarten program on alternate days, or other kindergarten programs shall must receive instruction for the hours established for that program.  Except as provided in subdivision 6, a parent may withdraw a child under the age of seven six from enrollment at any time.

 

(b) A school district by annual board action may require children subject to this subdivision to receive instruction in summer school.  A district that acts to require children to receive instruction in summer school shall must establish at the time of its action the criteria for determining which children must receive instruction.

 

(c) A pupil 16 years of age or older who meets the criteria of section 124D.68, subdivision 2, and under clause (5) of that subdivision has been excluded or expelled from school or under clause (11) of that subdivision has been chronically truant may be referred to an area learning center.  Such referral may be made only after consulting the principal, area learning center director, student, and parent or guardian and only if, in the school administrator's professional judgment, the referral is in the best educational interest of the pupil.  Nothing in this paragraph limits a pupil's eligibility to apply to enroll in other eligible programs under section 124D.68.

 

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

 

Sec. 3.  Minnesota Statutes 2018, section 120A.22, subdivision 6, is amended to read:

 

Subd. 6.  Children under seven age six.  (a) Once a pupil under the age of seven six is enrolled in kindergarten or a higher grade in a public school, the pupil is subject to the compulsory attendance provisions of this chapter and section 120A.34, unless the board of the district in which the pupil is enrolled has a policy that exempts children under seven six from this subdivision.


Journal of the House - 23rd Day - Monday, March 18, 2019 - Top of Page 1202

(b) In a district in which children under seven the age of six are subject to compulsory attendance under this subdivision, paragraphs (c) to (e) apply.

 

(c) A parent or guardian may withdraw the pupil from enrollment in the school for good cause by notifying the district.  Good cause includes, but is not limited to, enrollment of the pupil in another school, as defined in subdivision 4, or the immaturity of the child.

 

(d) When the pupil enrolls, the enrolling official must provide the parent or guardian who enrolls the pupil with a written explanation of the provisions of this subdivision.

 

(e) A pupil under the age of seven six who is withdrawn from enrollment in the public school under paragraph (c) is no longer subject to the compulsory attendance provisions of this chapter.

 

(f) In a district that had adopted a policy to exempt children under seven the age of six from this subdivision, the district's chief attendance officer must keep the truancy enforcement authorities supplied with a copy of the board's current policy certified by the clerk of the board.

 

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

 

Sec. 4.  Minnesota Statutes 2018, section 120A.22, subdivision 11, is amended to read:

 

Subd. 11.  Assessment of performance.  (a) Each year the performance of every child ages seven six through 16 and every child ages 16 through 17 for which an initial report was filed pursuant to section 120A.24, subdivision 1, after the child is 16 and who is not enrolled in a public school must be assessed using a nationally norm-referenced standardized achievement examination.  The superintendent of the district in which the child receives instruction and the person in charge of the child's instruction must agree about the specific examination to be used and the administration and location of the examination.

 

(b) To the extent the examination in paragraph (a) does not provide assessment in all of the subject areas in subdivision 9, the parent must assess the child's performance in the applicable subject area.  This requirement applies only to a parent who provides instruction and does not meet the requirements of subdivision 10, clause (1), (2), or (3).

 

(c) If the results of the assessments in paragraphs (a) and (b) indicate that the child's performance on the total battery score is at or below the 30th percentile or one grade level below the performance level for children of the same age, the parent must obtain additional evaluation of the child's abilities and performance for the purpose of determining whether the child has learning problems.

 

(d) A child receiving instruction from a nonpublic school, person, or institution that is accredited by an accrediting agency, recognized according to section 123B.445, or recognized by the commissioner, is exempt from the requirements of this subdivision.

 

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

 

Sec. 5.  Minnesota Statutes 2018, section 120A.24, subdivision 1, is amended to read:

 

Subdivision 1.  Reports to superintendent.  (a) The person or nonpublic school in charge of providing instruction to a child must submit to the superintendent of the district in which the child resides the name, birth date, and address of the child; the annual tests intended to be used under section 120A.22, subdivision 11, if required; the name of each instructor; and evidence of compliance with one of the requirements specified in section 120A.22, subdivision 10:


Journal of the House - 23rd Day - Monday, March 18, 2019 - Top of Page 1203

(1) by October 1 of the first school year the child receives instruction after reaching the age of seven six;

 

(2) within 15 days of when a parent withdraws a child from public school after age seven six to provide instruction in a nonpublic school that is not accredited by a state-recognized accredited agency;

 

(3) within 15 days of moving out of a district; and

 

(4) by October 1 after a new resident district is established.

 

(b) The person or nonpublic school in charge of providing instruction to a child between the ages of seven six and 16 and every child ages 16 through 17 for which an initial report was filed pursuant to this subdivision after the child is 16 must submit, by October 1 of each school year, a letter of intent to continue to provide instruction under this section for all students under the person's or school's supervision and any changes to the information required in paragraph (a) for each student.

 

(c) The superintendent may collect the required information under this section through an electronic or web‑based format, but must not require electronic submission of information under this section from the person in charge of reporting under this subdivision.

 

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

 

Sec. 6.  Minnesota Statutes 2018, section 120B.024, subdivision 1, is amended to read:

 

Subdivision 1.  Graduation requirements.  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) 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;

 

(5) three and one-half credits of social studies, including credit for a course in government and citizenship, which must include instruction on diverse cultures, in either 11th or 12th grade for students beginning 9th grade in the 2020-2021 school year and later, 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) one credit of the arts sufficient to satisfy all of the state or local academic standards in the arts; and

 

(7) for students beginning 9th grade in the 2020-2021 school year and later, a minimum of seven six and one‑half elective credits; and

 

(8) for students beginning 9th grade in the 2020-2021 school year and later, at least one-half credit for a course in personal finance.


Journal of the House - 23rd Day - Monday, March 18, 2019 - Top of Page 1204

Sec. 7.  Minnesota Statutes 2018, 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) "Civic life" means public engagement activities consistent with section 120B.30, subdivision 1, paragraph (r).

 

(b) (c) "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) (d) "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) (e) "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.

 

Sec. 8.  Minnesota Statutes 2018, section 120B.11, subdivision 2, is amended to read:

 

Subd. 2.  Adopting plans and budgets.  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:  (i) the English and, where practicable, the native language development and the academic achievement of English learners and (ii) for all learners, access to culturally relevant or ethnic studies curriculum using culturally responsive methodologies;

 

(5) a process to examine the equitable distribution of teachers and strategies to ensure children from low-income and minority children families, families of color, and American Indian families are not taught at higher rates than other children by inexperienced, ineffective, or out-of-field teachers;


Journal of the House - 23rd Day - Monday, March 18, 2019 - Top of Page 1205

(6) education effectiveness practices that integrate high-quality instruction,; rigorous curriculum,; technology,; inclusive and respectful learning and work environments for all students, families, and employees; and a collaborative professional culture that develops and supports retains 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.

 

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

 

Sec. 9.  Minnesota Statutes 2018, section 120B.11, subdivision 3, is amended to read:

 

Subd. 3.  District advisory committee.  (a) 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.

 

(b) The district advisory committee shall must recommend to the school board:

 

(1) rigorous academic standards,;

 

(2) student achievement goals and measures consistent with subdivision 1a and sections 120B.022, subdivisions 1a and 1b, and 120B.35,;

 

(3) district assessments,;

 

(4) means to improve students' equitable access to effective and more diverse teachers,;

 

(5) strategies to ensure the curriculum and learning and work environments are inclusive and respectful toward all racial and ethnic groups; and

 

(6) program evaluations.

 

(c) 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. 10.  Minnesota Statutes 2018, section 120B.12, subdivision 2, is amended to read:

 

Subd. 2.  Identification; report.  (a) Each school district shall must identify before the end of kindergarten, grade 1, and grade 2 all students who are not reading at grade level before the end of the current school year and shall.  Students identified as not reading at grade level by the end of kindergarten, grade 1, and grade 2 must be screened for characteristics of dyslexia.


Journal of the House - 23rd Day - Monday, March 18, 2019 - Top of Page 1206

(b) identify Students in grade 3 or higher who demonstrate a reading difficulty to a classroom teacher must be screened for characteristics of dyslexia, unless a different reason for the reading difficulty has been identified.

 

(c) Reading assessments 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 learners.  The district must use a locally adopted, developmentally appropriate, and culturally responsive assessment and annually report summary assessment results to the commissioner by July 1.

 

(d) The district also must annually report to the commissioner by July 1 a summary of the district's efforts to screen and identify students with:

 

(1) dyslexia, using screening tools such as those recommended by the department's dyslexia specialist; or

 

(2) convergence insufficiency disorder.

 

(b) (e) A student identified under this subdivision must be provided with alternate instruction under section 125A.56, subdivision 1.

 

EFFECTIVE DATE.  This section is effective July 1, 2020.

 

Sec. 11.  Minnesota Statutes 2018, 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, shall 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 shall establish one or more months during which schools shall administer the tests to students each school year.

 

(1) Students enrolled in grade 8 through the 2009-2010 school year are eligible to be assessed under (i) the graduation-required assessment for diploma in reading, mathematics, or writing under Minnesota Statutes 2012, section 120B.30, subdivision 1, paragraphs (c), clauses (1) and (2), and (d), (ii) the WorkKeys job skills assessment, (iii) the Compass college placement test, (iv) the ACT assessment for college admission, (v) a nationally recognized armed services vocational aptitude test.

 

(2) Students enrolled in grade 8 in the 2010-2011 or 2011-2012 school year are eligible to be assessed under (i) the graduation-required assessment for diploma in reading, mathematics, or writing under Minnesota Statutes 2012, section 120B.30, subdivision 1, paragraph (c), clauses (1) and (2), (ii) the WorkKeys job skills assessment, (iii) the Compass college placement test, (iv) the ACT assessment for college admission, (v) a nationally recognized armed services vocational aptitude test.

 

(3) For students under clause (1) or (2), a school district may substitute a score from an alternative, equivalent assessment to satisfy the requirements of this paragraph.

 

(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:


Journal of the House - 23rd Day - Monday, March 18, 2019 - Top of Page 1207

(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.


Journal of the House - 23rd Day - Monday, March 18, 2019 - Top of Page 1208

(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 shall be available to districts for diagnostic purposes affecting student learning and district instruction and curriculum, and for establishing educational accountability.  The commissioner must establish empirically derived benchmarks on adaptive assessments in grades 3 through 8.  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.


Journal of the House - 23rd Day - Monday, March 18, 2019 - Top of Page 1209

(n) The grades 3 through 8 computer-adaptive assessments and high school tests must be aligned with state academic standards.  The commissioner shall determine the testing process and the order of administration.  The statewide results shall be aggregated at the site and district level, consistent with subdivision 1a.

 

(o) The commissioner shall 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, high school graduation rates, and high school drop-out rates by age and grade level;

 

(3) state results on the American College 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.

 

(r) For purposes of statewide accountability, an understanding of "civic life" means student learning experiences that include public engagement activities such as:  (1) volunteering as an election judge; (2) serving as a poll watcher; (3) contacting public officials on a matter of public interest; (4) writing a letter to the editor; (5) registering to vote or participating in a nonpartisan voter registration drive; or (6) other public interest activities authorized by the school board, including but not limited to:  (i) volunteering on a matter of political interest; (ii) participating in a nonprofit organization; or (iii) participating in a charity event.

 

Sec. 12.  Minnesota Statutes 2018, section 120B.36, subdivision 1, is amended to read:

 

Subdivision 1.  School performance reports and public reporting.  (a) The commissioner shall report:

 

(1) student academic performance data under section 120B.35, subdivisions 2 and 3;

 

(2) the percentages of students showing low, medium, and high growth under section 120B.35, subdivision 3, paragraph (b);

 

(3) school safety and student engagement and connection under section 120B.35, subdivision 3, paragraph (d);

 

(4) rigorous coursework under section 120B.35, subdivision 3, paragraph (c);


Journal of the House - 23rd Day - Monday, March 18, 2019 - Top of Page 1210

(5) the percentage of students under section 120B.35, subdivision 3, paragraph (b), clause (2), whose progress and performance levels are meeting career and college readiness benchmarks under sections 120B.30, subdivision 1, and 120B.35, subdivision 3, paragraph (e);

 

(6) longitudinal data on the progress of eligible districts in reducing disparities in students' academic achievement and realizing racial and economic integration under section 124D.861;

 

(7) the acquisition of English, and where practicable, native language academic literacy, including oral academic language, and the academic progress of all English learners enrolled in a Minnesota public school course or program who are currently or were previously counted as English learners under section 124D.59;

 

(8) the percentage of students who graduated in the previous school year who correctly answered at least 30 of 50 civics test questions in accordance with section 120B.02, subdivision 3;

 

(9) two separate student-to-teacher ratios that clearly indicate the definition of teacher consistent with sections 122A.06 and 122A.15 for purposes of determining these ratios;

 

(10) staff characteristics excluding salaries;

 

(11) student enrollment demographics;

 

(12) foster care status, including all students enrolled in a Minnesota public school course or program who are currently or were previously in foster care, student homelessness, and district mobility; and

 

(13) extracurricular activities.

 

(b) The school performance report for a school site and a school district must include school performance reporting information and calculate proficiency rates as required by the most recently reauthorized Elementary and Secondary Education Act.

 

(c) The commissioner shall develop, annually update, and post on the department website school performance reports consistent with paragraph (a) and section 120B.11.

 

(d) The commissioner must make available performance reports by the beginning of each school year.

 

(e) A school or district may appeal its results in a form and manner determined by the commissioner and consistent with federal law.  The commissioner's decision to uphold or deny an appeal is final.

 

(f) School performance data are nonpublic data under section 13.02, subdivision 9, until the commissioner publicly releases the data.  The commissioner shall annually post school performance reports to the department's public website no later than September 1, except that in years when the reports reflect new performance standards, the commissioner shall post the school performance reports no later than October 1.

 

EFFECTIVE DATE.  This section is effective the day following final enactment.

 

Sec. 13.  Minnesota Statutes 2018, 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 removing a pupil from class or dismissing a pupil from school, including evidence-based positive behavioral interventions and supports, social and emotional services, school-linked mental health services, counseling services, social work


Journal of the House - 23rd Day - Monday, March 18, 2019 - Top of Page 1211

services, referrals for special education or 504 evaluations, academic screening for Title I services or reading interventions, and alternative education services.  Nonexclusionary disciplinary policies and practices require school officials to intervene in, redirect, and support a pupil's behavior before removing a pupil from class or beginning dismissal proceedings.  Nonexclusionary disciplinary policies and practices include but are not limited to the policies and practices under sections 120B.12; 121A.031, subdivision 4, paragraph (a), clause (1); 121A.575, clauses (1) and (2); 121A.61, subdivision 3, paragraph (q); 122A.627, clause (3); and 123A.56.

 

EFFECTIVE DATE.  This section is effective for the 2019-2020 school year and later.

 

Sec. 14.  Minnesota Statutes 2018, section 121A.41, is amended by adding a subdivision to read:

 

Subd. 13.  Pupil withdrawal agreements.  "Pupil withdrawal agreements" means a verbal or written agreement between a school or district administrator and a pupil's parent or guardian to withdraw a student from the school district to avoid expulsion or exclusion dismissal proceedings.  The duration of the withdrawal agreement may be no longer than 12 months.

 

EFFECTIVE DATE.  This section is effective for the 2019-2020 school year and later.

 

Sec. 15.  Minnesota Statutes 2018, 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 a dismissal proceedings proceeding or a pupil withdrawal agreement, 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 2019-2020 school year and later.

 

Sec. 16.  Minnesota Statutes 2018, section 121A.46, is amended by adding a subdivision to read:

 

Subd. 5.  Suspensions exceeding five consecutive school days.  A school administrator must ensure that when a pupil is suspended for more than five consecutive school days, alternative education services are provided.

 

EFFECTIVE DATE.  This section is effective for the 2019-2020 school year and later.

 

Sec. 17.  Minnesota Statutes 2018, section 121A.46, is amended by adding a subdivision to read:

 

Subd. 6.  Minimum education services.  School officials must give a suspended pupil a reasonable opportunity to complete all school work assigned during 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.  Nothing in this subdivision limits the teacher's authority to assign alternative work for the completion of assignments during a suspension.

 

EFFECTIVE DATE.  This section is effective for the 2019-2020 school year and later.

 

Sec. 18.  Minnesota Statutes 2018, section 121A.47, subdivision 2, is amended to read:

 

Subd. 2.  Written notice.  Written notice of intent to take action shall must:

 

(a) (1) be served upon the pupil and the pupil's parent or guardian personally or by mail;


Journal of the House - 23rd Day - Monday, March 18, 2019 - Top of Page 1212

(b) (2) contain a complete statement of the facts, a list of the witnesses and a description of their testimony;

 

(c) (3) state the date, time, and place of the hearing;

 

(d) (4) be accompanied by a copy of sections 121A.40 to 121A.56;

 

(e) (5) describe alternative educational services the nonexclusionary disciplinary policies and practices accorded the pupil in an attempt to avoid the expulsion proceedings; and

 

(f) (6) inform the pupil and parent or guardian of the right to:

 

(1) (i) 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 its website;

 

(2) (ii) examine the pupil's records before the hearing;

 

(3) (iii) present evidence; and

 

(4) (iv) confront and cross-examine witnesses.

 

EFFECTIVE DATE.  This section is effective for the 2019-2020 school year and later.

 

Sec. 19.  Minnesota Statutes 2018, 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 include must address measures to improve the pupil's behavior, including and may include completing a character education program, consistent with section 120B.232, subdivision 1, and 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 require 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, 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 2019-2020 school year and later.

 

Sec. 20.  Minnesota Statutes 2018, 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


Journal of the House - 23rd Day - Monday, March 18, 2019 - Top of Page 1213

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 policies and 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 2019-2020 school year and later.

 

Sec. 21.  Minnesota Statutes 2018, section 121A.55, is amended to read:

 

121A.55 POLICIES TO BE ESTABLISHED.

 

(a) The commissioner of education shall 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 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 recognize the continuing responsibility of the school for the education of the pupil during the dismissal period.  The school is responsible for ensuring that the alternative educational services, if provided to the pupil wishes to take advantage of them, must be are 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, and are consistent with section 121A.46, subdivision 6.

 

(c) For expulsion and exclusion dismissals, as well as pupil withdrawal agreements as defined in section 121A.41, subdivision 13:

 

(1) the school district's continuing responsibility includes reviewing the pupil's school work and grades on a quarterly basis to ensure the pupil is on track for readmission with the pupil's peers.  School districts must communicate on a regular basis with the pupil's parent or guardian to ensure the pupil is completing the work assigned through the alternative educational services;

 

(2) if school-linked mental health services are provided in the district under section 245.4889, pupils continue to be eligible for those services until they are enrolled in a new district; and

 

(3) the school district must provide to the pupil's parent or guardian a list of mental health and counseling services that offer free or sliding fee services.  The list must also be posted on the district's website.

 

(b) (d) 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) (e) 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 2019-2020 school year and later.


Journal of the House - 23rd Day - Monday, March 18, 2019 - Top of Page 1214

Sec. 22.  [121A.80] STUDENT JOURNALISM; STUDENT EXPRESSION.

 

Subdivision 1.  Definitions.  (a) For purposes of this section, the terms defined in this subdivision have the meanings given them.

 

(b) "School-sponsored media" means material that is:

 

(1) prepared, wholly or substantially written, published, broadcast, or otherwise disseminated by a student journalist enrolled in a school district or charter school;

 

(2) distributed or generally made available to students in the school; and

 

(3) prepared by a student journalist under the supervision of a student media adviser.

 

School-sponsored media does not include material prepared solely for distribution or transmission in the classroom in which the material is produced.

 

(c) "School official" means a school principal under section 123B.147 or other person having administrative control or supervision of a school.

 

(d) "Student journalist" means a school district or charter school student in grades 6 through 12 who gathers, compiles, writes, edits, photographs, records, or otherwise prepares information for dissemination in school‑sponsored media.

 

(e) "Student media adviser" means a person a school district or charter school employs, appoints, or designates to supervise student journalists or provide instruction relating to school-sponsored media.

 

Subd. 2.  Student journalists; protected conduct.  (a) Except as provided in subdivision 3, a student journalist has the right to exercise freedom of speech and freedom of the press in school-sponsored media regardless of whether the school-sponsored media receives financial support from the school or district, uses school equipment or facilities in its production, or is produced as part of a class or course in which the student journalist is enrolled.  Consistent with subdivision 3, a student journalist has the right to determine the news, opinion, feature, and advertising content of school-sponsored media.  A school district or charter school must not discipline a student journalist for exercising rights or freedoms under this paragraph or the First Amendment of the United States Constitution.

 

(b) A school district or charter school must not retaliate or take adverse employment action against a student media adviser for supporting a student journalist exercising rights or freedoms under paragraph (a) or the First Amendment of the United States Constitution.

 

(c) Notwithstanding the rights or freedoms of this subdivision or the First Amendment of the United States Constitution, nothing in this section inhibits a student media adviser from teaching professional standards of English and journalism to student journalists.

 

Subd. 3.  Unprotected expression.  (a) This section does not authorize or protect student expression that:  (1) is defamatory; (2) is profane, harassing, threatening, or intimidating; (3) constitutes an unwarranted invasion of privacy; (4) violates federal or state law; (5) causes a material and substantial disruption of school activities; or (6) is directed to inciting or producing imminent lawless action on school premises or the violation of lawful school policies or rules, including a policy adopted in accordance with section 121A.03 or 121A.031.

 

(b) A school or district must not authorize any prior restraint of school-sponsored media except under paragraph (a).


Journal of the House - 23rd Day - Monday, March 18, 2019 - Top of Page 1215

Subd. 4.  Student journalist policy.  School districts and charter schools must adopt and post a student journalist policy consistent with this section.

 

EFFECTIVE DATE.  This section is effective for the 2019-2020 school year and later.

 

Sec. 23.  Minnesota Statutes 2018, section 124D.02, subdivision 1, is amended to read:

 

Subdivision 1.  Kindergarten instruction.  (a) The board may establish and maintain one or more kindergartens for the instruction of children and after July 1, 1974, shall must provide kindergarten instruction for free of charge to all eligible children, either in the district or in another district.  All children to be eligible for kindergarten must be A child is eligible for kindergarten if the child is at least five years of age on September 1 of the calendar year in which the school year commences.  In addition all children selected, or is admitted under an early admissions policy established by the school board may be admitted.

 

(b) If established, a board-adopted early admissions policy must describe the process and procedures for comprehensive evaluation in cognitive, social, and emotional developmental domains to help determine the child's ability to meet kindergarten grade expectations and progress to first grade in the subsequent year.  The comprehensive evaluation must use valid and reliable instrumentation, be aligned with state kindergarten expectations, and include a parent report and teacher observations of the child's knowledge, skills, and abilities.  The early admissions policy must be made available to parents in an accessible format and is subject to review by the commissioner of education.  The evaluation is subject to section 127A.41.

 

(c) Nothing in this section shall prohibit a school district from establishing Head Start, prekindergarten, or nursery school classes for children below kindergarten age.  Any school board with evidence that providing kindergarten will cause an extraordinary hardship on the school district may apply to the commissioner of education for an exception.

 

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

 

Sec. 24.  Minnesota Statutes 2018, 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 the North Central Association of Colleges and Schools a United States Department of Education recognized accrediting agency, or a private, residential, two-year or four-year, liberal arts, degree-granting college or university located in Minnesota.

 

(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.

 

EFFECTIVE DATE.  This section is effective the day following final enactment.


Journal of the House - 23rd Day - Monday, March 18, 2019 - Top of Page 1216

Sec. 25.  Minnesota Statutes 2018, section 124D.165, subdivision 2, is amended to read:

 

Subd. 2.  Family eligibility.  (a) For a family to receive an early learning scholarship, parents or guardians must meet the following eligibility requirements:

 

(1) have an eligible child; and

 

(2) have income equal to or less than 185 percent of federal poverty level income in the current calendar year, or be able to document their child's current participation in the free and reduced-price lunch program or Child and Adult Care Food Program, National School Lunch Act, United States Code, title 42, sections 1751 and 1766; the Food Distribution Program on Indian Reservations, Food and Nutrition Act, United States Code, title 7, sections 2011-2036; Head Start under the federal Improving Head Start for School Readiness Act of 2007; Minnesota family investment program under chapter 256J; child care assistance programs under chapter 119B; the supplemental nutrition assistance program; or placement in foster care under section 260C.212.  Parents or guardians are not required to provide income verification under this clause if the child is an eligible child under paragraph (b), clause (4) or (5).

 

(b) An "eligible child" means a child who has not yet enrolled in kindergarten and is:

 

(1) at least three but not yet five years of age on September 1 of the current school year;

 

(2) a sibling from birth to age five of a child who has been awarded a scholarship under this section provided the sibling attends the same program as long as funds are available;

 

(3) the child of a parent under age 21 who is pursuing a high school degree or a course of study for a high school equivalency test; or

 

(4) homeless, in foster care, or in need of child protective services.

 

(4) a child in need of protective services or in foster care as defined under section 260C.007; or

 

(5) designated as homeless under the federal McKinney-Vento Homeless Assistance Act, United States Code, title 42, section 11434a.

 

(c) A child who has received a scholarship under this section must continue to receive a scholarship each year until that child is eligible for kindergarten under section 120A.20 and as long as funds are available.

 

(d) Early learning scholarships may not be counted as earned income for the purposes of medical assistance under chapter 256B, MinnesotaCare under chapter 256L, Minnesota family investment program under chapter 256J, child care assistance programs under chapter 119B, or Head Start under the federal Improving Head Start for School Readiness Act of 2007.

 

(e) A child from an adjoining state whose family resides at a Minnesota address as assigned by the United States Postal Service, who has received developmental screening under sections 121A.16 to 121A.19, who intends to enroll in a Minnesota school district, and whose family meets the criteria of paragraph (a) is eligible for an early learning scholarship under this section.

 

Sec. 26.  Minnesota Statutes 2018, section 124D.34, subdivision 2, is amended to read:

 

Subd. 2.  Creation of foundation.  There is created the Minnesota Foundation for Student Organizations.  The purpose of the foundation is to promote vocational career and technical student organizations and applied leadership opportunities in Minnesota public and nonpublic schools through public-private partnerships.  The foundation is a nonprofit organization.  The board of directors of the foundation and activities of the foundation are under the direction of the commissioner of education.


Journal of the House - 23rd Day - Monday, March 18, 2019 - Top of Page 1217

Sec. 27.  Minnesota Statutes 2018, section 124D.34, subdivision 3, is amended to read:

 

Subd. 3.  Board of directors.  The board of directors of the Minnesota Foundation for Student Organizations consists of:

 

(1) seven members appointed by the board of directors of the school-to-work career and technical student organizations and chosen so that each represents one of the following career areas:  agriculture, family and consumer sciences, service occupations, health occupations, marketing, business, and technical/industrial;

 

(2) seven members from business, industry, and labor appointed by the governor to staggered terms and chosen so that each represents one of the following career areas:  agriculture, family and consumer sciences, service occupations, health occupations, marketing, business, and technical/industrial;

 

(3) five students or alumni of school-to-work career and technical student organizations representing diverse career areas, three from secondary student organizations, and two from postsecondary student organizations.  The students or alumni shall be appointed by the criteria and process agreed upon by the executive directors of the student-to-work career and technical organizations; and

 

(4) four members from education appointed by the governor to staggered terms and chosen so that each represents one of the following groups:  school district level administrators, secondary school administrators, middle school administrators, and postsecondary administrators.

 

Executive directors of vocational career and technical education student organizations are ex officio, nonvoting members of the board.

 

Sec. 28.  Minnesota Statutes 2018, section 124D.34, subdivision 4, is amended to read:

 

Subd. 4.  Foundation programs.  The foundation shall advance applied leadership and intracurricular vocational career and technical learning experiences for students.  These may include, but are not limited to:

 

(1) recognition programs and awards for students demonstrating excellence in applied leadership;

 

(2) summer programs for student leadership, career development, applied academics, and mentorship programs with business and industry;

 

(3) recognition programs for teachers, administrators, and others who make outstanding contributions to school‑to-work career and technical programs;

 

(4) outreach programs to increase the involvement of urban and suburban students;

 

(5) organized challenges requiring cooperation and competition for secondary and postsecondary students;

 

(6) assistance and training to community teams to increase career awareness and empowerment of youth as community leaders; and

 

(7) assessment and activities in order to plan for and implement continuous improvement.

 

To the extent possible, the foundation shall make these programs available to students in all parts of the state.


Journal of the House - 23rd Day - Monday, March 18, 2019 - Top of Page 1218

Sec. 29.  Minnesota Statutes 2018, section 124D.34, subdivision 5, is amended to read:

 

Subd. 5.  Powers and duties.  The foundation may:

 

(1) identify and plan common goals and priorities for the various school-to-work career and technical student organizations in Minnesota;

 

(2) publish brochures or booklets relating to the purposes of the foundation and collect reasonable fees for the publications;

 

(3) seek and receive public and private money, grants, and in-kind services and goods from nonstate sources for the purposes of the foundation, without complying with section 16A.013, subdivision 1;

 

(4) contract with consultants on behalf of the school-to-work career and technical student organizations;

 

(5) plan, implement, and expend money for awards and other forms of recognition for school-to-work career and technical student programs; and

 

(6) identifying an appropriate name for the foundation.

 

Sec. 30.  Minnesota Statutes 2018, section 124D.34, subdivision 8, is amended to read:

 

Subd. 8.  Public funding.  The state shall identify and secure appropriate funding for the basic staffing of the foundation and individual student school-to-work career and technical student organizations at the state level.

 

Sec. 31.  Minnesota Statutes 2018, section 124D.34, subdivision 12, is amended to read:

 

Subd. 12.  Student organizations.  Individual boards of vocational career and technical education student organizations shall continue their operations in accordance with section 124D.355 and applicable federal law.

 

Sec. 32.  Minnesota Statutes 2018, section 124D.78, subdivision 2, is amended to read:

 

Subd. 2.  Resolution of concurrence.  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.

 

Sec. 33.  Minnesota Statutes 2018, 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.  An affiliated nonprofit building corporation may only serve one charter school.  A charter school may organize an affiliated nonprofit building corporation 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;


Journal of the House - 23rd Day - Monday, March 18, 2019 - Top of Page 1219

(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.

 

ARTICLE 3

TEACHERS

 

Section 1.  [120B.117] INCREASING THE PERCENTAGE OF TEACHERS OF COLOR AND AMERICAN INDIAN TEACHERS IN MINNESOTA.

 

Subdivision 1.  Purpose.  In order to address students' and families' persistent inequitable access to diverse teachers, this section sets short-term and long-term state goals for increasing the percentage of teachers of color and American Indian teachers in Minnesota toward ensuring all students have equitable access to effective and diverse teachers who reflect the diversity of students.  The goals and report required under this section are also important for meeting state 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 diverse teachers.  The percentage of teachers who are of color or American Indian in Minnesota 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 ensure all students have equitable access to effective and diverse teachers by 2040.


Journal of the House - 23rd Day - Monday, March 18, 2019 - Top of Page 1220

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 2019 and every odd-numbered year thereafter, the Professional Educator Licensing and Standards Board must collaborate with the Department of Education and the Office of Higher Education to collate and summarize reports from the programs they each 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.2451, 122A.59, 122A.63, 122A.70, 124D.09, 124D.861, 136A.1275, 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 report on the effectiveness of 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 also include recommendations for state policy and funding needed to achieve the goals of this section, as well as 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 2019 report must include a recommendation of whether or not 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 state Indian Affairs and ethnic councils along with other community and stakeholder groups, including students of color, in developing the report.  By October 1 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.

 

Sec. 2.  Minnesota Statutes 2018, section 122A.06, subdivision 2, is amended to read:

 

Subd. 2.  Teacher.  "Teacher" means a classroom teacher or other similar professional employee required to hold a license or permission from the Professional Educator Licensing and Standards Board.

 

Sec. 3.  Minnesota Statutes 2018, 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. 4.  Minnesota Statutes 2018, 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. 5.  Minnesota Statutes 2018, 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 postsecondary institutions and alternative teacher preparation providers aligned to section 122A.2451.

 

Sec. 6.  Minnesota Statutes 2018, section 122A.07, subdivision 1, is amended to read:

 

Subdivision 1.  Appointment of members.  The Professional Educator Licensing and Standards Board consists of 11 14 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.


Journal of the House - 23rd Day - Monday, March 18, 2019 - Top of Page 1221

Sec. 7.  Minnesota Statutes 2018, section 122A.07, subdivision 2, is amended to read:

 

Subd. 2.  Eligibility; board composition.  Each nominee, 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 eight 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 not serving in an administrative function at a school district or school when appointed.  The six eight teachers must include the following:

 

(i) one teacher in a charter school;

 

(ii) one teacher from the seven-county metropolitan area, as defined in section 473.121, subdivision 2;

 

(iii) one teacher from outside the seven-county metropolitan area;

 

(iv) one teacher from a related service category licensed by the board;

 

(v) one special education teacher; and

 

(vi) three teachers that represent current or emerging trends in education;

 

(vi) (2) one teacher from educator currently teaching in a Minnesota-approved teacher preparation program; who has previously taught for at least five years in a birth through grade 12 setting;

 

(2) (3) one superintendent that alternates each term between a superintendent from the seven-county metropolitan area, as defined in section 473.121, subdivision 2, and a superintendent from outside the metropolitan area;

 

(3) (4) one school district human resources director;

 

(4) (5) one administrator of a cooperative unit under section 123A.24, subdivision 2, who oversees a special education program and who has previously taught for at least five years in a birth through grade 12 setting;

 

(5) (6) one principal that alternates each term between an elementary and a secondary school principal; and

 

(6) (7) one member of the public that may be a current or former school board member.

 

Sec. 8.  Minnesota Statutes 2018, section 122A.07, subdivision 4a, is amended to read:

 

Subd. 4a.  Administration.  (a) The executive director of the board shall must be the chief administrative officer for the board but shall must not be a member of the board.  The executive director shall must 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.


Journal of the House - 23rd Day - Monday, March 18, 2019 - Top of Page 1222

Sec. 9.  Minnesota Statutes 2018, section 122A.07, is amended by adding a subdivision to read:

 

Subd. 6.  Public employer compensation reduction prohibited.  The public employer of a member must not reduce the member's compensation or benefits for the member's absence from employment when engaging in the business of the board.

 

Sec. 10.  Minnesota Statutes 2018, 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.20, 122A.21, 122A.23, 122A.2451, 122A.26, 122A.28, and 122A.29.

 

(b) The board must adopt rules relating to fields of licensure, 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) 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) 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) The board must adopt rules only under the specific statutory authority.

 

Sec. 11.  Minnesota Statutes 2018, 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 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 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.

 

(b) Publicly reported summary data on teacher preparation programs 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) summary data on faculty qualifications, including at least the content areas of faculty undergraduate and graduate degrees and their years of experience either as kindergarten through grade 12 classroom teachers or school administrators;


Journal of the House - 23rd Day - Monday, March 18, 2019 - Top of Page 1223

(4) the average time resident and nonresident program graduates in the preceding year needed to complete the program;

 

(5) the current number and percentage of students by program who graduated, received a standard Minnesota teaching license, and 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;

 

(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) survey results measuring student and graduate program completer 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;

 

(9) a standard measure of the satisfaction of school principals or supervising teachers with the student teachers program completer assigned to a school or supervising teacher; and

 

(10) information under subdivision 3, paragraphs (a) and (b).

 

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.


Journal of the House - 23rd Day - Monday, March 18, 2019 - Top of Page 1224

Sec. 12.  Minnesota Statutes 2018, section 122A.092, subdivision 5, is amended to read:

 

Subd. 5.  Reading strategies.  (a) All colleges and universities preparation providers approved by the Professional Educator Licensing and Standards Board to prepare persons for classroom teacher licensure must include in their teacher preparation programs research-based best practices in reading, consistent with section 122A.06, subdivision 4, that enables 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.  These colleges and universities 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, and balanced reading instruction programs that:

 

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

 

(2) teach specialized instruction in reading strategies, interventions, and remediations that enable students of all ages and proficiency levels to become proficient readers.

 

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

 

Sec. 13.  Minnesota Statutes 2018, section 122A.092, subdivision 6, is amended to read:

 

Subd. 6.  Technology strategies.  All colleges and universities preparation providers approved by the Professional Educator Licensing and Standards Board to prepare persons for classroom teacher licensure must include in their teacher preparation programs the knowledge and skills teacher candidates need to engage students with technology and deliver digital and blended learning and curriculum.

 

Sec. 14.  Minnesota Statutes 2018, section 122A.17, is amended to read:

 

122A.17 VALIDITY OF CERTIFICATES OR LICENSES.

 

(a) A rule adopted by the Board of Teaching or the Professional Educator Licensing and Standards Board must not affect the validity of certificates or licenses to teach in effect on July 1, 1974, or the rights and privileges of the holders thereof, except that any such certificate or license may be suspended or revoked for any of the causes and by the procedures specified by law.

 

(b) All teacher licenses in effect on January 1, 2018, shall remain valid for one additional year after the date the license is scheduled to expire.

 

Sec. 15.  Minnesota Statutes 2018, section 122A.175, subdivision 2, is amended to read:

 

Subd. 2.  Background check account.  An educator licensure background check account is created in the special revenue fund.  The Department of Education, the Professional Educator Licensing and Standards Board, and the Board of School Administrators must deposit all payments submitted by license applicants for criminal background checks conducted by the Bureau of Criminal Apprehension in the educator licensure background check account.  Amounts in the account are annually appropriated to the commissioner of education for payment to the superintendent of the Bureau of Criminal Apprehension Professional Educator Licensing and Standards Board for the costs of background checks on applicants for licensure.


Journal of the House - 23rd Day - Monday, March 18, 2019 - Top of Page 1225

Sec. 16.  Minnesota Statutes 2018, section 122A.18, subdivision 7c, is amended to read:

 

Subd. 7c.  Temporary military license.  The Professional Educator Licensing and Standards Board shall establish a temporary license in accordance with section 197.4552 for teaching.  The fee for a temporary license under this subdivision shall be $87.90 for an online application or $86.40 for a paper application $57.  The board must provide candidates for a license under this subdivision with information regarding the tiered licensure system provided in sections 122A.18 to 122A.184.

 

Sec. 17.  Minnesota Statutes 2018, section 122A.18, subdivision 8, is amended to read:

 

Subd. 8.  Background checks.  (a) The Professional Educator Licensing and Standards Board and the Board of School Administrators must request obtain a criminal history background check from the superintendent of the Bureau of Criminal Apprehension on all first-time teaching applicants for licenses under their jurisdiction.  Applicants must include with their licensure applications:

 

(1) an executed criminal history consent form, including fingerprints; and

 

(2) a money order or cashier's check payable to the Bureau of Criminal Apprehension for the fee for conducting the criminal history payment to conduct the background check.

 

(b) The superintendent of background check for all first-time teaching applicants for licenses must include a review of information from the Bureau of Criminal Apprehension shall perform the background check required under paragraph (a) by retrieving, including criminal history data as defined in section 13.87, and shall must also conduct a search include a review of the national criminal records repository.  The superintendent of the Bureau of Criminal Apprehension is authorized to exchange fingerprints with the Federal Bureau of Investigation for purposes of the criminal history check.  The superintendent shall recover the cost to the bureau of a background check through the fee charged to the applicant under paragraph (a).

 

(c) The Professional Educator Licensing and Standards Board or the Board of School Administrators may issue a license pending completion of a background check under this subdivision, but must notify the individual and the school district or charter school employing the individual that the individual's license may be revoked based on the result of the background check.

 

(c) The Professional Educator Licensing and Standards Board may contract with the commissioner of human services to conduct background checks and obtain background check data required under this chapter.

 

Sec. 18.  Minnesota Statutes 2018, 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 to obtain any teacher a Tier 3 license under subdivision 1, or to add a licensure field, via portfolio.  The portfolio licensure application process must be consistent with the requirements in this subdivision.

 

(b) A candidate for a Tier 3 license via portfolio must submit to the board one portfolio demonstrating pedagogical competence and one portfolio demonstrating content competence.

 

(c) A candidate 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.


Journal of the House - 23rd Day - Monday, March 18, 2019 - Top of Page 1226

(d) The board must notify a candidate 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 how to revise the portfolio to successfully demonstrate the requisite competence.  The candidate 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 must pay to the board a $300 fee for the first portfolio submitted for review and a $200 fee for any portfolio submitted subsequently.  The revenue generated from the fee must be deposited in an education licensure portfolio account in the special revenue fund.  The fees are nonrefundable for applicants not qualifying for a license.  The board may waive or reduce fees for candidates based on financial need.  a fee for a portfolio in accordance with section 122A.21, subdivision 4.

 

Sec. 19.  Minnesota Statutes 2018, 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; and

 

(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.

 

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 one time, 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. 20.  Minnesota Statutes 2018, 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.


Journal of the House - 23rd Day - Monday, March 18, 2019 - Top of Page 1227

Sec. 21.  Minnesota Statutes 2018, 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 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) (i) is enrolled in a Minnesota-approved teacher preparation program, including an alternative preparation program under section 122A.2451 or a state-approved teacher preparation program if no licensure program exists in Minnesota; or

 

(iii) has a master's degree in the specified content area (ii) has completed a state-approved teacher preparation program but does not meet the requirements for a Tier 3 license; 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.

 

Sec. 22.  Minnesota Statutes 2018, section 122A.182, subdivision 3, is amended to read:

 

Subd. 3.  Term of license and renewal.  The Professional Educator Licensing and Standards Board must issue an initial Tier 2 license for a term of two years.  A Tier 2 license may be renewed three two times.  Before a Tier 2 license is renewed for the first time, a teacher holding a Tier 2 license must participate in cultural competency training consistent with section 120B.30, subdivision 1, paragraph (q).  The board must issue rules setting forth the conditions for additional renewals after the initial license has been renewed three two times.

 

Sec. 23.  Minnesota Statutes 2018, section 122A.183, subdivision 2, is amended to read:

 

Subd. 2.  Coursework.  A candidate 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 that has two years of teaching experience;


Journal of the House - 23rd Day - Monday, March 18, 2019 - Top of Page 1228

(3) submission of a content-specific licensure portfolio; or

 

(4) a professional teaching license from another state, evidence that the candidate's license is in good standing, and two years of 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. 24.  Minnesota Statutes 2018, section 122A.183, subdivision 4, is amended to read:

 

Subd. 4.  Mentorship and evaluation.  A teacher holding a Tier 3 license must participate in the employing district or charter school's a mentorship and evaluation program, including an individual growth and development plan.  A teacher holding a Tier 3 license may satisfy the mentorship requirement by participating in a mentorship program during the teacher's first year in a new district or charter school, including a school year when the teacher held a Tier 1 or Tier 2 license.  No teacher holding a Tier 3 license may be required to serve as a mentor to another teacher in order to fulfill this requirement.

 

Sec. 25.  Minnesota Statutes 2018, 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 who provides information sufficient to demonstrate all of the following:

 

(1) the candidate 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 has at least three years of teaching experience in Minnesota; and

 

(3) the candidate 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.

 

Sec. 26.  Minnesota Statutes 2018, section 122A.184, subdivision 3, is amended to read:

 

Subd. 3.  Mentorship and evaluation.  A teacher holding a Tier 4 license must participate in the employing district or charter school's a mentorship and evaluation program, including an individual growth and development plan.  A teacher holding a Tier 4 license may satisfy the mentorship requirement by participating in a mentorship program during the teacher's first year in a new district or charter school, including a school year when the teacher held a Tier 1, 2, or 3 license.  No teacher holding a Tier 4 license may be required to serve as a mentor to another teacher in order to fulfill this requirement.

 

Sec. 27.  Minnesota Statutes 2018, 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.  An employing school or district may verify through satisfactory overall job performance a Tier 3 teacher's skills in reading, writing, and mathematics for teaching in the licensure field so the teacher may obtain a Tier 4 license.  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


Journal of the House - 23rd Day - Monday, March 18, 2019 - Top of Page 1229

other requirements in section 122A.181, 122A.182, or 122A.183, respectively.  All testing centers must provide monthly opportunities for untimed skills examinations and must advertise those opportunities on the test registration website.

 

(b) The board must adopt rules requiring candidates for Tier 3 and Tier 4 licenses to pass an examination or performance assessment of general pedagogical knowledge and examinations of licensure field specific content.  The content examination requirement does not apply if no relevant content exam exists.  All testing centers must provide monthly opportunities for untimed pedagogy and content examinations and must advertise those opportunities on the test registration website.

 

(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.

 

EFFECTIVE DATE.  This section is effective January 1, 2020.

 

Sec. 28.  Minnesota Statutes 2018, section 122A.187, subdivision 3, is amended to read:

 

Subd. 3.  Professional growth.  (a) Applicants for license renewal for a Tier 3 or Tier 4 license under sections 122A.183 and 122A.184, respectively, who have been employed as a teacher during the renewal period of the expiring license, as a condition of license renewal, must present to their local continuing education and relicensure committee or other local relicensure committee evidence of work that demonstrates professional reflection and growth in best teaching practices, including among other things, cultural competence in accordance with section 120B.30, subdivision 1, paragraph (q), and practices in meeting the varied needs of English learners, from young children to adults under section 124D.59, subdivisions 2 and 2a.  A teacher may satisfy the requirements of this paragraph by submitting the teacher's most recent summative evaluation or improvement plan under section 122A.40, subdivision 8, or 122A.41, subdivision 5.

 

(b) The Professional Educator Licensing and Standards Board must ensure that its teacher relicensing requirements include paragraph (a).

 

Sec. 29.  Minnesota Statutes 2018, section 122A.187, is amended by adding a subdivision to read:

 

Subd. 7.  Cultural competency training.  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 cultural competency training and meeting the varied needs of English learners from young children to adults under section 124D.59, subdivisions 2 and 2a.

 

Sec. 30.  Minnesota Statutes 2018, 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.


Journal of the House - 23rd Day - Monday, March 18, 2019 - Top of Page 1230

(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. 31.  Minnesota Statutes 2018, section 122A.20, subdivision 1, is amended to read:

 

Subdivision 1.  Grounds for revocation, suspension, or denial.  (a) The Professional Educator Licensing and Standards Board or Board of School Administrators, whichever has jurisdiction over a teacher's licensure, may, on the written complaint of the school board employing a teacher, a teacher organization, or any other interested person, issue nondisciplinary corrective action, refuse to issue, refuse to renew, suspend, or revoke a teacher's license to teach for any of the following causes:

 

(1) immoral character or conduct;

 

(2) failure, without justifiable cause, to teach for the term of the teacher's contract;

 

(3) gross inefficiency or willful neglect of duty;

 

(4) failure to meet licensure requirements; or

 

(5) fraud or misrepresentation in obtaining a license; or

 

(6) engagement in any sexual conduct or contact with a student.

 

The written complaint must specify the nature and character of the charges.

 

(b) The Professional Educator Licensing and Standards Board or Board of School Administrators, whichever has jurisdiction over a teacher's licensure, shall refuse to issue, refuse to renew, or automatically revoke a teacher's license to teach without the right to a hearing upon receiving a certified copy of a conviction showing that the teacher has been convicted of:

 

(1) child abuse, as defined in section 609.185, provided that a conviction for a violation of section 609.224, subdivisions 1 and 2, assault in the fifth degree, or 609.2242, subdivisions 1 and 2, domestic assault, must not result in the automatic revocation of a teacher's license;

 

(2) sex trafficking in the first degree under section 609.322, subdivision 1,;

 

(3) sex trafficking in the second degree under section 609.322, subdivision 1a,;

 

(4) engaging in hiring, or agreeing to hire a minor to engage in prostitution, or housing an unrelated minor engaged in prostitution under section 609.324, subdivision subdivisions 1, and 1a;

 

(5) criminal sexual abuse conduct under section 609.342, 609.343, 609.344, 609.345, or 609.3451, subdivision 3, or;

 

(6) indecent exposure under section 617.23, subdivision subdivisions 2 and 3,;

 

(7) solicitation of children to engage in sexual conduct or communication of sexually explicit materials to children under section 609.352,;


Journal of the House - 23rd Day - Monday, March 18, 2019 - Top of Page 1231

(8) interference with privacy under section 609.746 or stalking under section 609.749 and the victim was a minor,;

 

(9) using minors in a sexual performance under section 617.246,;

 

(10) possessing pornographic works involving a minor under section 617.247,; or

 

(11) any other offense not listed in this paragraph that requires the person to register as a predatory offender under section 243.166, or a crime under a similar law of another state or the United States.  The board shall send notice of this licensing action to the district in which the teacher is currently employed.

 

(c) A person whose license to teach has been revoked, not issued, or not renewed under paragraph (b), may petition the board to reconsider the licensing action if the person's conviction for child abuse or sexual abuse is reversed by a final decision of the court of appeals or the supreme court or if the person has received a pardon for the offense.  The petitioner shall attach a certified copy of the appellate court's final decision or the pardon to the petition.  Upon receiving the petition and its attachment, the board shall schedule and hold a disciplinary hearing on the matter under section 214.10, subdivision 2, unless the petitioner waives the right to a hearing.  If the board finds that, notwithstanding the reversal of the petitioner's criminal conviction or the issuance of a pardon, the petitioner is disqualified from teaching under paragraph (a), clause (1), the board shall affirm its previous licensing action.  If the board finds that the petitioner is not disqualified from teaching under paragraph (a), clause (1), it shall reverse its previous licensing action.

 

(d) The Professional Educator Licensing and Standards Board or Board of School Administrators, whichever has jurisdiction over a teacher's licensure, must review and may refuse to issue, refuse to renew, or revoke a teacher's license to teach, upon receiving a certified copy of a conviction showing that the teacher has been convicted of:

 

(1) a qualified, domestic violence-related offense as defined in section 609.02, subdivision 16; or

 

(2) embezzlement of public funds under section 609.54, clause (1) or (2).

 

If an offense included in clause (1) or (2) is already included in paragraph (b), the provisions of paragraph (b) apply to the conduct.

 

(e) The Professional Educator Licensing and Standards Board or Board of School Administrators, whichever has jurisdiction over a teacher's licensure, may suspend a teacher's license pending an investigation into a report of conduct that would be grounds for revocation under paragraph (b).  The teacher's license is suspended until the licensing board completes its disciplinary investigation and determines whether disciplinary action is necessary.

 

(f) For purposes of this subdivision, The Professional Educator Licensing and Standards Board is delegated the authority to suspend or revoke coaching licenses.

 

Sec. 32.  Minnesota Statutes 2018, section 122A.20, subdivision 2, is amended to read:

 

Subd. 2.  Mandatory reporting.  (a) A school board, a superintendent, a charter school board, a charter school executive director, or a charter school authorizer must report to the Professional Educator Licensing and Standards Board, the Board of School Administrators, or the Board of Trustees of the Minnesota State Colleges and Universities, whichever has jurisdiction over the teacher's or administrator's license, when its teacher or administrator is discharged or resigns from employment after a charge is filed with the school board under section 122A.41, subdivisions 6, clauses (1), (2), and (3), and 7, or after charges are filed that are grounds for discharge under section 122A.40, subdivision 13, paragraph (a), clauses (1) to (5), or when a teacher or administrator is suspended or resigns while an investigation is pending under section 122A.40, subdivision 13, paragraph (a), clauses


Journal of the House - 23rd Day - Monday, March 18, 2019 - Top of Page 1232

(1) to (5); 122A.41, subdivisions 6, clauses (1), (2), and (3), and 7; or 626.556, or when a teacher or administrator is suspended without an investigation under section 122A.41, subdivisions 6, paragraph (a), clauses (1), (2), and (3), and 7; or 626.556.  The report must be made to the appropriate licensing board within ten days after the discharge, suspension, or resignation has occurred.  The licensing board to which the report is made must investigate the report for violation of subdivision 1 and the reporting board, administrator, or authorizer must cooperate in the investigation.  Notwithstanding any provision in chapter 13 or any law to the contrary, upon written request from the licensing board having jurisdiction over the license, a board, charter school, authorizer, charter school executive director, or school superintendent shall provide the licensing board with information about the teacher or administrator from the district's files, any termination or disciplinary proceeding, any settlement or compromise, or any investigative file.  Upon written request from the appropriate licensing board, a board or school superintendent may, at the discretion of the board or school superintendent, solicit the written consent of a student and the student's parent to provide the licensing board with information that may aid the licensing board in its investigation and license proceedings.  The licensing board's request need not identify a student or parent by name.  The consent of the student and the student's parent must meet the requirements of chapter 13 and Code of Federal Regulations, title 34, section 99.30.  The licensing board may provide a consent form to the district.  Any data transmitted to any board under this section is private data under section 13.02, subdivision 12, notwithstanding any other classification of the data when it was in the possession of any other agency.

 

(b) The licensing board to which a report is made must transmit to the Attorney General's Office any record or data it receives under this subdivision for the sole purpose of having the Attorney General's Office assist that board in its investigation.  When the Attorney General's Office has informed an employee of the appropriate licensing board in writing that grounds exist to suspend or revoke a teacher's license to teach, that licensing board must consider suspending or revoking or decline to suspend or revoke the teacher's or administrator's license within 45 days of receiving a stipulation executed by the teacher or administrator under investigation or a recommendation from an administrative law judge that disciplinary action be taken.

 

(c) The Professional Educator Licensing and Standards Board and Board of School Administrators must report to the appropriate law enforcement authorities a revocation, suspension, or agreement involving a loss of license, relating to a teacher or administrator's inappropriate sexual conduct with a minor.  For purposes of this section, "law enforcement authority" means a police department, county sheriff, or tribal police department.  A report by the Professional Educator Licensing and Standards Board to appropriate law enforcement authorities does not diminish, modify, or otherwise affect the responsibilities of a school board or any person mandated to report abuse under section 626.556.

 

Sec. 33.  Minnesota Statutes 2018, section 122A.21, is amended to read:

 

122A.21 TEACHERS' AND ADMINISTRATORS' LICENSES; FEES.

 

Subdivision 1.  Licensure applications.  Each applicant submitting an application to the Professional Educator Licensing and Standards Board to issue, renew, or extend a teaching license, including applications for licensure via portfolio under subdivision 2 4, must include a processing fee of $57.  The processing fee for a teacher's license and for the licenses of supervisory personnel must be paid to the executive secretary of the appropriate board and deposited in the educator licensure account in the special revenue fund.  The fees as set by the board are nonrefundable for applicants not qualifying for a license.  However, the commissioner of management and budget must refund a fee in any case in which the applicant already holds a valid unexpired license.  The board may waive or reduce fees for applicants who apply at the same time for more than one license.

 

Subd. 3.  Annual appropriations.  (a) The amounts collected under subdivision 2 4 and deposited in the educator licensure account in the special revenue fund are annually appropriated to the Professional Educator Licensing and Standards Board.


Journal of the House - 23rd Day - Monday, March 18, 2019 - Top of Page 1233

(b) The appropriations in paragraph (a) must be reduced by the amount of any money specifically appropriated for the same purposes in any year from any state fund.

 

Subd. 4.  Licensure via portfolio.  A candidate must pay to the Professional Educator Licensing and Standards Board a $300 fee for the first portfolio submitted for review and a $200 fee for any portfolio submitted subsequently.  The Professional Educator Licensing and Standards Board executive secretary must deposit the fee in the educator licensure account in the special revenue fund.  The fees are nonrefundable for applicants not qualifying for a license.  The Professional Educator Licensing and Standards Board may waive or reduce fees for candidates based on financial need.

 

EFFECTIVE DATE.  This section is effective the day following final enactment.

 

Sec. 34.  Minnesota Statutes 2018, section 122A.22, is amended to read:

 

122A.22 DISTRICT VERIFICATION AND REPORTING OF TEACHER LICENSES.

 

Subdivision 1.  Verification.  No person shall be accounted a qualified teacher until the school district or charter school contracting with the person for teaching services verifies through the Minnesota education licensing system available on the Professional Educator Licensing and Standards Board website that the person is a qualified teacher, consistent with sections 122A.16 and 122A.44, subdivision 1.

 

Subd. 2.  Reporting.  No later than October 1 of each school year, the superintendent or charter school must provide the school board with the number of teachers in each school building who hold Tier 1, 2, 3, and 4 licenses.  The school board and the Department of Education must publish this data on their respective websites no later than January of each school year.

 

Sec. 35.  Minnesota Statutes 2018, 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).

 

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

 

Sec. 36.  Minnesota Statutes 2018, 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


Journal of the House - 23rd Day - Monday, March 18, 2019 - Top of Page 1234

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;

 

(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.


Journal of the House - 23rd Day - Monday, March 18, 2019 - Top of Page 1235

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 holds a Tier 1 or Tier 2 license, 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 holds a Tier 1 or Tier 2 license, 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 held a Tier 1 or Tier 2 license or 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.

 

Sec. 37.  Minnesota Statutes 2018, 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;


Journal of the House - 23rd Day - Monday, March 18, 2019 - Top of Page 1236

(3) must be based on professional teaching standards established in rule;

 

(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.


Journal of the House - 23rd Day - Monday, March 18, 2019 - Top of Page 1237

(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 holds a Tier 1 or Tier 2 license, 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 holds a Tier 1 or Tier 2 license, 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 held a Tier 1 or Tier 2 license or 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.

 

Sec. 38.  [122A.59] CODE OF ETHICS FOR TEACHERS.

 

Subdivision 1.  Scope.  Each teacher, upon entering the teaching profession, assumes a number of obligations, one of which is to adhere to principles that define professional conduct.  These principles are reflected in the code of ethics in subdivision 2, which sets forth to the education profession and the public it serves the standards of professional conduct and procedures for implementation.  This code applies to all persons licensed according to rules established by the Professional Educator Licensing and Standards Board.

 

Subd. 2.  Standards of professional conduct.  (a) A teacher must provide professional education services in a nondiscriminatory manner.

 

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

 

(c) In accordance with state and federal laws, a teacher must disclose confidential information about individuals only when a compelling professional purpose is served or when required by law.

 

(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 a professional relationship with a student, parent, or colleague to private 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 the teacher's own qualifications or other teachers' qualifications.

 

(i) A teacher must not knowingly make a false or malicious statement about a student or colleague.

 

(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.


Journal of the House - 23rd Day - Monday, March 18, 2019 - Top of Page 1238

Sec. 39.  Minnesota Statutes 2018, section 122A.63, subdivision 1, is amended to read:

 

Subdivision 1.  Establishment.  (a) A grant program is established to assist American Indian people to become teachers and to provide additional education for American Indian teachers.  The commissioner may award a joint grant to each of the following:

 

(1) the Duluth campus of the University of Minnesota and Independent School District No. 709, Duluth;

 

(2) Bemidji State University and Independent School District No. 38, Red Lake;

 

(3) Moorhead State University and one of the school districts located within the White Earth Reservation; and

 

(4) Augsburg College, Independent School District No. 625, St. Paul, and Special School District No. 1, Minneapolis.

 

(b) If additional funds are available, the commissioner may award additional joint grants to other postsecondary institutions and school districts.

 

(c) Grantees may enter into contracts with tribal, technical, and community colleges and four-year postsecondary institutions to identify and provide grants to students at those institutions interested in the field of education.  A grantee may contract with partner institutions to provide professional development and supplemental services to a tribal, technical, or community college or four-year postsecondary institution, including identification of prospective students, provision of instructional supplies and materials, and provision of grant money to students.  A contract with a tribal, technical, or community college or four-year postsecondary institution includes coordination of student identification, professional development, and mentorship services.

 

Sec. 40.  Minnesota Statutes 2018, section 122A.63, subdivision 4, is amended to read:

 

Subd. 4.  Grant amount.  The commissioner may award a joint grant in the amount it determines to be appropriate.  The grant shall must include money for the postsecondary institution, school district, and student scholarships, and student loans.

 

Sec. 41.  Minnesota Statutes 2018, section 122A.63, subdivision 5, is amended to read:

 

Subd. 5.  Information to student applicants.  At the time a student applies for a scholarship and loan, the student shall must be provided information about the fields of licensure needed by school districts in the part of the state within which the district receiving the joint grant is located.  The information shall must be acquired and periodically updated by the recipients of the joint grant and their contracted partner institutions.  Information provided to students shall must clearly state that scholarship and loan decisions are not based upon the field of licensure selected by the student.

 

Sec. 42.  Minnesota Statutes 2018, section 122A.63, subdivision 6, is amended to read:

 

Subd. 6.  Eligibility for scholarships and loans.  (a) The following American Indian people are eligible for scholarships:

 

(1) a student having origins in any of the original peoples of North America and maintaining cultural identification through tribal affiliation or community recognition;


Journal of the House - 23rd Day - Monday, March 18, 2019 - Top of Page 1239

(1) (2) a student, including a teacher aide employed by a district receiving a joint grant or their contracted partner school, who intends to become a teacher or who is interested in the field of education and who is enrolled in a postsecondary institution or their contracted partner institutions receiving a joint grant;

 

(2) (3) a licensed employee of a district receiving a joint grant or a contracted partner institution, who is enrolled in a master of education program; and

 

(3) (4) a student who, after applying for federal and state financial aid and an American Indian scholarship according to section 136A.126, has financial needs that remain unmet.  Financial need shall must be determined according to the congressional methodology for needs determination or as otherwise set in federal law.

 

A person who has actual living expenses in addition to those addressed by the congressional methodology for needs determination, or as otherwise set in federal law, may receive a loan according to criteria established by the commissioner.  A contract shall be executed between the state and the student for the amount and terms of the loan.

 

(b) Priority must be given to a student who is tribally enrolled and then to first- and second-generation descendants.

 

Sec. 43.  Minnesota Statutes 2018, section 122A.63, is amended by adding a subdivision to read:

 

Subd. 9.  Eligible programming.  (a) The grantee institutions and their contracted partner institutions may provide scholarships to students progressing toward educational goals in any area of teacher licensure, including an associate of arts, bachelor's, master's, or doctoral degree in the following:

 

(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.

 

(b) For purposes of recruitment, the grantees or their contracted partner institutions must agree to work with their respective organizations to hire an American Indian work-study student or other American Indian staff to conduct initial information queries and to contact persons working in schools to provide programming regarding education professions to high school students who may be interested in education as a profession.

 

(c) At least 80 percent of the grants awarded under this section must be used for student scholarships.  No more than 20 percent of the grants awarded under this section may be used for recruitment or administration of the student scholarships.

 

Sec. 44.  Minnesota Statutes 2018, 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 are encouraged to 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.


Journal of the House - 23rd Day - Monday, March 18, 2019 - Top of Page 1240

(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 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 teachers from underrepresented racial and ethnic groups to come together throughout the school year;

 

(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) Schools or districts may 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.  Applications.  The Professional Educator Licensing and Standards Board must make application forms available to sites interested in developing or expanding a mentorship program.  A school district,; a group of school districts, or; a coalition of districts, teachers, and teacher education institutions; or a coalition of schools, teachers, or nonlicensed educators may apply for a teacher mentorship program grant.  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, include a variety of coalitions 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. 3.  Criteria for selection.  At a minimum, applicants 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;

 

(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.


Journal of the House - 23rd Day - Monday, March 18, 2019 - Top of Page 1241

Subd. 4.  Additional funding.  Applicants are required to seek additional funding and assistance from sources such as school districts, postsecondary institutions, foundations, and the private sector.

 

Subd. 5.  Program implementation.  New and expanding mentorship sites that are funded to design, develop, implement, and evaluate their program must participate in activities that support program development and implementation.  The Professional Educator Licensing and Standards Board must provide resources and assistance to support new sites in their program efforts.  These activities and services may include, but are not limited to:  planning, planning guides, media, training, conferences, institutes, and regional and statewide networking meetings.  Nonfunded schools or districts interested in getting started may participate.  Fees may be charged for meals, materials, and the like.

 

Subd. 6.  Report.  By June 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.

 

Sec. 45.  Minnesota Statutes 2018, section 124D.09, subdivision 10, is amended to read:

 

Subd. 10.  Courses according to agreements.  (a) An eligible pupil, according to subdivision 5, may enroll in a nonsectarian course taught by a secondary teacher or a postsecondary faculty member and offered at a secondary school, or another location, according to an agreement between a public school board and the governing body of an eligible public postsecondary system or an eligible private postsecondary institution, as defined in subdivision 3.  All provisions of this section shall apply to a pupil, public school board, district, and the governing body of a postsecondary institution, except as otherwise provided.

 

(b) To encourage students, especially American Indian students and students of color, to consider teaching as a profession, participating schools, school districts, and postsecondary institutions are encouraged to develop and offer an "Introduction to Teaching" or "Introduction to Education" course under this subdivision.  An institution that receives a For the purpose of applying for grants under this paragraph, "eligible institution" includes schools and districts that partner with an accredited college or university in addition to postsecondary institutions identified in subdivision 3, paragraph (a).  Grant to develop a course recipients under this paragraph must annually report to the commissioner in a form and manner determined by the commissioner on the participation rates of students in courses under this paragraph, including the number of students who apply for admission to colleges or universities with teacher preparation programs and the number of students of color and American Indian students who earned postsecondary credit.  Grant recipients must also describe recruiting efforts intended to ensure that the percentage of participating students who are of color or American Indian meets or exceeds the overall percentage of students of color or American Indian students in the school.

 

Sec. 46.  Minnesota Statutes 2018, 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:

 

(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;


Journal of the House - 23rd Day - Monday, March 18, 2019 - Top of Page 1242

(3) 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;

 

(4) 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

 

(5) recruitment and retention of teachers and, administrators with diverse, cultural and family liaisons, paraprofessionals, and other nonlicensed staff from racial and ethnic backgrounds represented in the student population.

 

(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 make schools' curriculum and learning and work environments more inclusive and respectful of students' racial and ethnic diversity and to address issues of structural inequities in schools that create opportunity and achievement gaps for students, families, and staff who are of color or who are American Indian, and program revenues may be used to implement such strategies.  Examples of possible structural inequities include but are not limited to policies and practices that unintentionally result in disparate referrals and suspension, inequitable access to advanced coursework, overrepresentation in lower level coursework, participation in cocurricular activities, parent involvement, and lack of access to diverse teachers.  Plans may include but are not limited to the following activities that may involve collaboration with or support from regional centers of excellence:

 

(1) creating opportunities for students, families, staff, and community members who are of color or who are American Indian to share their experiences in the school setting with school staff and administration to develop specific proposals for improving school environments to be more inclusive and respectful toward all students, families, and staff;

 

(2) implementing creative programs for increased parent engagement and improving relations between home and school;

 

(3) developing or expanding ethnic studies course offerings to provide all students with in-depth opportunities to learn about their own and others' cultures and historical experiences;

 

(4) examining and revising curricula in various subjects to be culturally relevant and inclusive of various racial and ethnic groups;

 

(5) examining academic and discipline data, reexamining institutional policies and practices that result in opportunity and achievement disparities between racial and ethnic groups, and making necessary changes that increase access, meaningful participation, representation, and positive outcomes for students of color, American Indian students, and students who qualify for free or reduced-price lunch;


Journal of the House - 23rd Day - Monday, March 18, 2019 - Top of Page 1243

(6) providing professional development opportunities to learn more about various racial and ethnic groups' experiences, assets, and issues and developing cross-cultural competence with knowledge, collaborations, and relationships needed to serve students effectively who are from diverse racial and ethnic backgrounds; and

 

(7) hiring more cultural liaisons to strengthen relationships with students, families, and other members of the community.

 

(b) (d) Among other requirements, an eligible district must implement effective, research-based interventions that include formative assessment practices to reduce the 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 as aligned with section 120B.11.

 

(c) (e) 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.

 

Sec. 47.  Minnesota Statutes 2018, section 136A.1275, is amended to read:

 

136A.1275 STUDENT TEACHER CANDIDATE GRANTS IN SHORTAGE AREAS.

 

Subdivision 1.  Establishment.  (a) The commissioner of the Office of Higher Education must establish a grant program for student teaching stipends for low-income students enrolled in a Professional Educator Licensing and Standards Board-approved teacher preparation program who intend to teach are student teaching in a licensure shortage area after graduating and receiving their teaching license or belong to an underrepresented a racial or ethnic group underrepresented in the teacher workforce.

 

(b) "Shortage For purposes of this grant program, "licensure shortage area" means a license field or economic development region within Minnesota defined as a shortage area by the Department of Education using determined by the Professional Educator Licensing and Standards Board in which the number of surveyed districts or schools within an economic development region reporting or predicting hiring a teacher for a specific licensure area as "very difficult" is equal to or greater than the number of districts or schools reporting or predicting such hiring as "easy" in data collected for the teacher supply and demand report under section sections 122A.091, subdivision 5, and 127A.05, subdivision 6, or other surveys conducted by the Department of Education or Professional Educator Licensing and Standards Board that provide indicators for teacher supply and demand.

 

Subd. 2.  Eligibility.  To be eligible for a grant under this section, a student teacher candidate must:

 

(1) be enrolled in a Professional Educator Licensing and Standards Board-approved teacher preparation program that requires at least 12 weeks of student teaching to complete the program in order to be recommended for a full professional any Tier 3 teaching license from early childhood through grade 12;

 

(2) demonstrate financial need based on criteria established by the commissioner under subdivision 3;

 

(3) intend to teach in be completing a program in a licensure shortage area existing within the economic development region where either the candidate's preparation program or permanent residence is located, or belong to an underrepresented a racial or ethnic group underrepresented in Minnesota's teacher workforce; and

 

(4) be meeting satisfactory academic progress as defined under section 136A.101, subdivision 10.

 

Subd. 3.  Administration; repayment.  (a) The commissioner must establish an application process and other guidelines for implementing this program, including repayment responsibilities for stipend recipients who do not complete student teaching or who leave Minnesota to teach in another state during the first year after student teaching.


Journal of the House - 23rd Day - Monday, March 18, 2019 - Top of Page 1244

(b) The commissioner must determine each academic year the stipend amount up to $7,500 based on the amount of available funding, the number of eligible applicants, and the financial need of the applicants.

 

(c) In order to help improve all students' access to effective and diverse teachers, the percentage of the total award reserved for teacher candidates who identify as belonging to an underrepresented a racial or ethnic group underrepresented in the Minnesota teacher workforce must be equal to or greater than the total percentage of students of from all such underrepresented racial or ethnic groups as measured under section 120B.35, subdivision 3.  If this percentage cannot be met because of a lack of qualifying candidates, the remaining amount may be awarded to teacher candidates who intend to teach in a shortage area.  Student teacher candidates who are of color or who are American Indian who have made satisfactory academic progress must have priority for receiving a grant from available funds to student teach and complete their preparation programs if they meet eligibility requirements and participated in a Minnesota teachers of color scholarship program or other similarly styled program.

 

Sec. 48.  Minnesota Statutes 2018, section 136A.1791, subdivision 1, is amended to read:

 

Subdivision 1.  Definitions.  (a) The terms used in this section have the meanings given them in this subdivision.

 

(b) "Qualified educational loan" means a government, commercial, or foundation loan for actual costs paid for tuition and reasonable educational and living expenses related to a teacher's preparation or further education.

 

(c) "School district" means an independent school district, special school district, intermediate district, education district, special education cooperative, service cooperative, a cooperative center for vocational education, or a charter school located in Minnesota.

 

(d) "Teacher" means an individual holding a teaching license issued by the Professional Educator Licensing and Standards Board who is employed by a school district to provide classroom instruction or a Head Start or Early Head Start nonlicensed early childhood professional employed by a Head Start program under section 119A.50.

 

(e) "Teacher shortage area" means any of the following experiencing a teacher shortage as reported by the Professional Educator Licensing and Standards Board:

 

(1) the licensure fields and specific to particular economic development regions reported by the commissioner of education as experiencing a teacher shortage; and;

 

(2) individual economic development regions; or

 

(3) economic development regions where there is a shortage of licensed teachers who reflect the racial or ethnic diversity of are of color or who are American Indian where the aggregate percentage of this group of teachers is lower than the aggregate percentage of students of color and American Indian students in the region as reported by the commissioner of education.

 

(f) "Commissioner" means the commissioner of the Office of Higher Education unless indicated otherwise.

 

Sec. 49.  Minnesota Statutes 2018, section 136A.1791, subdivision 2, is amended to read:

 

Subd. 2.  Program established; administration.  The commissioner shall must establish and administer a teacher shortage loan forgiveness program.  A teacher is eligible for the program if the teacher is teaching in an identified teacher shortage area for the economic development region in which the teacher works as defined in subdivision 1 and reported under subdivision 3 and complies with the requirements of this section.


Journal of the House - 23rd Day - Monday, March 18, 2019 - Top of Page 1245

Sec. 50.  Minnesota Statutes 2018, section 136A.1791, subdivision 3, is amended to read:

 

Subd. 3.  Use of report on teacher shortage areas.  The commissioner of education shall Professional Educator Licensing and Standards Board must use the teacher supply and demand report to the legislature to identify the licensure fields and racial or ethnic groups in economic development regions in Minnesota experiencing a teacher shortage.

 

Sec. 51.  Minnesota Statutes 2018, section 136A.1791, subdivision 4, is amended to read:

 

Subd. 4.  Application for loan forgiveness.  Each applicant for loan forgiveness, according to rules adopted by the commissioner, shall must:

 

(1) apply for teacher shortage loan forgiveness and promptly submit any additional information required by the commissioner; and

 

(2) submit to the commissioner a completed affidavit, prescribed by the commissioner, affirming the teacher is teaching in:  (i) a licensure field identified by the commissioner as experiencing a teacher shortage; or (ii) an economic development region identified by the commissioner as experiencing a teacher shortage a shortage area.

 

Sec. 52.  Minnesota Statutes 2018, section 136A.1791, subdivision 5, is amended to read:

 

Subd. 5.  Amount of loan forgiveness.  (a) To the extent funding is available, the annual amount of teacher shortage loan forgiveness for an approved applicant shall as a teacher in any shortage area must not exceed $1,000 $2,000 or the cumulative balance of the