Journal of the House - 10th Day - Thursday, June 24, 2021 - Top of Page 421

STATE OF MINNESOTA

 

Journal of the House

 

SPECIAL SESSION - 2021

 

_____________________

 

TENTH DAY

 

Saint Paul, Minnesota, Thursday, June 24, 2021

 

 

      The House of Representatives convened at 10:00 a.m. and was called to order by Liz Olson, Speaker pro tempore.

 

      Prayer was offered by Pastor Peter Harrits, Assistant to the Bishop, Saint Paul Area Synod, ELCA, St. Paul, Minnesota.

 

      The members of the House gave the pledge of allegiance to the flag of the United States of America.

 

      The roll was called and the following members were present:

 


Acomb

Agbaje

Akland

Albright

Anderson

Backer

Bahner

Bahr

Baker

Becker-Finn

Bennett

Berg

Bernardy

Bierman

Bliss

Boe

Boldon

Burkel

Carlson

Christensen

Daniels

Daudt

Davids

Davnie

Demuth

Dettmer

Drazkowski

Ecklund

Edelson

Elkins

Erickson

Feist

Fischer

Franke

Franson

Frazier

Frederick

Freiberg

Garofalo

Gomez

Green

Greenman

Grossell

Gruenhagen

Haley

Hamilton

Hansen, R.

Hanson, J.

Hassan

Heintzeman

Her

Hertaus

Hollins

Hornstein

Howard

Huot

Igo

Johnson

Jordan

Jurgens

Keeler

Klevorn

Koegel

Kotyza-Witthuhn

Koznick

Lee

Liebling

Lillie

Lippert

Lislegard

Long

Lucero

Lueck

Marquart

Masin

McDonald

Mekeland

Miller

Moller

Moran

Morrison

Mortensen

Mueller

Munson

Murphy

Nash

Nelson, M.

Nelson, N.

Neu Brindley

Noor

Novotny

O'Driscoll

Olson, B.

Olson, L.

O'Neill

Pelowski

Petersburg

Pfarr

Pinto

Poston

Pryor

Quam

Raleigh

Rasmusson

Reyer

Robbins

Sandell

Sandstede

Schomacker

Schultz

Scott

Stephenson

Sundin

Swedzinski

Theis

Thompson

Torkelson

Urdahl

Vang

Wazlawik

West

Winkler

Wolgamott

Xiong, J.

Xiong, T.

Youakim

Spk. Hortman


 

      A quorum was present.

 

      Hausman, Heinrich, Kresha were excused.

 

      Kiel and Mariani were excused until 11:35 a.m. Pierson and Richardson were excused until 12:05 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.


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REPORTS OF STANDING COMMITTEES AND DIVISIONS

 

 

Moran from the Committee on Ways and Means to which was referred:

 

H. F. No. 2, A bill for an act relating to education; providing for prekindergarten through grade 12 education; making forecast adjustments; appropriating money; amending Laws 2019, First Special Session chapter 11, article 1, section 25, subdivisions 2, as amended, 3, as amended, 4, as amended, 6, as amended, 7, as amended, 9, as amended; article 2, section 33, subdivisions 2, as amended, 3, as amended, 5, as amended, 6, as amended, 16, as amended; article 3, section 23, subdivision 3, as amended; article 4, section 11, subdivisions 2, as amended, 3, as amended, 4, as amended, 5, as amended; article 6, section 7, subdivisions 2, as amended, 3, as amended; article 7, section 1, subdivisions 2, as amended, 3, as amended, 4, as amended; article 8, section 13, subdivisions 5, as amended, 14, as amended; article 9, section 3, subdivision 2, as amended.

 

Reported the same back with the following amendments:

 

Delete everything after the enacting clause and insert:

 

"ARTICLE 1

GENERAL EDUCATION

 

Section 1.  Minnesota Statutes 2020, 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 religious observance.

 

EFFECTIVE DATE.  This section is effective for the 2021-2022 school year and later.

 

Sec. 2.  Minnesota Statutes 2020, section 126C.05, subdivision 1, is amended to read:

 

Subdivision 1.  Pupil unit.  Pupil units for each Minnesota resident pupil under the age of 21 or who meets the requirements of section 120A.20, subdivision 1, paragraph (c), in average daily membership enrolled in the district of residence, in another district under sections 123A.05 to 123A.08, 124D.03, 124D.08, or 124D.68; in a charter school under chapter 124E; or for whom the resident district pays tuition under section 123A.18, 123A.22, 123A.30, 123A.32, 123A.44, 123A.488, 123B.88, subdivision 4, 124D.04, 124D.05, 125A.03 to 125A.24, 125A.51, or 125A.65, shall be counted according to this subdivision.

 

(a) A prekindergarten pupil with a disability who is enrolled in a program approved by the commissioner and has an individualized education program is counted as the ratio of the number of hours of assessment and education service to 825 times 1.0 with a minimum average daily membership of 0.28, but not more than 1.0 pupil unit.

 

(b) A prekindergarten pupil who is assessed but determined not to be disabled is counted as the ratio of the number of hours of assessment service to 825 times 1.0.

 

(c) A kindergarten pupil with a disability who is enrolled in a program approved by the commissioner is counted as the ratio of the number of hours of assessment and education services required in the fiscal year by the pupil's individualized education program to 875, but not more than one.


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(d) A prekindergarten pupil who is not included in paragraph (a) or (b) and is enrolled in an approved voluntary prekindergarten program under section 124D.151 is counted as the ratio of the number of hours of instruction to 850 times 1.0, but not more than 0.6 pupil units.

 

(e) A kindergarten pupil who is not included in paragraph (c) is counted as 1.0 pupil unit if the pupil is enrolled in a free all-day, every day kindergarten program available to all kindergarten pupils at the pupil's school that meets the minimum hours requirement in section 120A.41, or is counted as .55 pupil unit, if the pupil is not enrolled in a free all-day, every day kindergarten program available to all kindergarten pupils at the pupil's school.

 

(f) A pupil who is in any of grades 1 to 6 is counted as 1.0 pupil unit.

 

(g) A pupil who is in any of grades 7 to 12 is counted as 1.2 pupil units.

 

(h) A pupil who is in the postsecondary enrollment options program is counted as 1.2 pupil units.

 

(i) For fiscal years 2018 through 2021 2023, a prekindergarten pupil who:

 

(1) is not included in paragraph (a), (b), or (d);

 

(2) is enrolled in a school readiness plus program under Laws 2017, First Special Session chapter 5, article 8, section 9; and

 

(3) has one or more of the risk factors specified by the eligibility requirements for a school readiness plus program,

 

is counted as the ratio of the number of hours of instruction to 850 times 1.0, but not more than 0.6 pupil units.  A pupil qualifying under this paragraph must be counted in the same manner as a voluntary prekindergarten student for all general education and other school funding formulas.

 

EFFECTIVE DATE.  This section is effective for revenue for fiscal year 2022 and later.

 

Sec. 3.  Minnesota Statutes 2020, section 126C.05, subdivision 3, is amended to read:

 

Subd. 3.  Compensation revenue pupil units.  Compensation revenue pupil units for fiscal year 1998 and thereafter must be computed according to this subdivision.

 

(a) The compensation revenue concentration percentage for each building in a district equals the product of 100 times the ratio of:

 

(1) the sum of the number of pupils enrolled in the building eligible to receive free lunch plus one-half of the pupils eligible to receive reduced priced lunch on October 1 of the previous fiscal year; to

 

(2) the number of pupils enrolled in the building on October 1 of the previous fiscal year.

 

(b) The compensation revenue pupil weighting factor for a building equals the lesser of one or the quotient obtained by dividing the building's compensation revenue concentration percentage by 80.0.

 

(c) The compensation revenue pupil units for a building equals the product of:

 

(1) the sum of the number of pupils enrolled in the building eligible to receive free lunch and one-half of the pupils eligible to receive reduced priced lunch on October 1 of the previous fiscal year; times


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(2) the compensation revenue pupil weighting factor for the building; times

 

(3) .60.

 

(d) Notwithstanding paragraphs (a) to (c), for voluntary prekindergarten programs under section 124D.151, charter schools, and contracted alternative programs in the first year of operation, compensation revenue pupil units shall be computed using data for the current fiscal year.  If the voluntary prekindergarten program, charter school, or contracted alternative program begins operation after October 1, compensatory revenue pupil units shall be computed based on pupils enrolled on an alternate date determined by the commissioner, and the compensation revenue pupil units shall be prorated based on the ratio of the number of days of student instruction to 170 days.

 

(e) Notwithstanding paragraphs (a) to (c), for voluntary prekindergarten seats discontinued in fiscal year 2022 2024 due to the reduction in the participation limit under section 124D.151, subdivision 6, those discontinued seats must not be used to calculate compensation revenue pupil units for fiscal year 2022 2024.

 

(f) The percentages in this subdivision must be based on the count of individual pupils and not on a building average or minimum.

 

EFFECTIVE DATE.  This section is effective for revenue for fiscal year 2022 and later.

 

Sec. 4.  Minnesota Statutes 2020, section 126C.10, subdivision 2, is amended to read:

 

Subd. 2.  Basic revenue.  The basic revenue for each district equals the formula allowance times the adjusted pupil units for the school year.  The formula allowance for fiscal year 2019 is $6,312.  The formula allowance for fiscal year 2020 is $6,438.  The formula allowance for fiscal year 2021 and later is $6,567.  The formula allowance for fiscal year 2022 is $6,728.  The formula allowance for fiscal year 2023 and later is $6,863.

 

EFFECTIVE DATE.  This section is effective for revenue for fiscal year 2022 and later.

 

Sec. 5.  Minnesota Statutes 2020, section 126C.10, subdivision 2e, is amended to read:

 

Subd. 2e.  Local optional revenue.  (a) For fiscal year 2020, local optional revenue for a school district equals $424 times the adjusted pupil units of the district for that school year.  For fiscal year 2021 and later, local optional revenue for a school district equals the sum of the district's first tier local optional revenue and second tier local optional revenue.  A district's first tier local optional revenue equals $300 times the adjusted pupil units of the district for that school year.  A district's second tier local optional revenue equals $424 times the adjusted pupil units of the district for that school year.

 

(b) For fiscal year 2020, a district's local optional levy equals its local optional revenue times the lesser of one or the ratio of its referendum market value per resident pupil unit to $510,000.

 

(b) For fiscal year 2021 and later, a district's local optional levy equals the sum of the first tier local optional levy and the second tier local optional levy.

 

(c) A district's first tier local optional levy equals the district's first tier local optional revenue times the lesser of one or the ratio of the district's referendum market value per resident pupil unit to $880,000.

 

(d) For fiscal year 2022, a district's second tier local optional levy equals the district's second tier local optional revenue times the lesser of one or the ratio of the district's referendum market value per resident pupil unit to $510,000.  For fiscal year 2023, a district's second tier local optional levy equals the district's second tier local


Journal of the House - 10th Day - Thursday, June 24, 2021 - Top of Page 425

optional revenue times the lesser of one or the ratio of the district's referendum market value per resident pupil unit to $548,842.  For fiscal year 2024 and later, a district's second tier local optional levy equals the district's second tier local optional revenue times the lesser of one or the ratio of the district's referendum market value per resident pupil unit to $510,000.

 

(e) The local optional levy must be spread on referendum market value.  A district may levy less than the permitted amount.

 

(c) (f) A district's local optional aid equals its local optional revenue minus its local optional levy.  If a district's actual levy for first or second tier local optional revenue is less than its maximum levy limit for that tier, its aid must be proportionately reduced.

 

EFFECTIVE DATE.  This section is effective for revenue for fiscal year 2022 and later.

 

Sec. 6.  Minnesota Statutes 2020, section 126C.15, subdivision 5, is amended to read:

 

Subd. 5.  Annual expenditure report.  Each year a district that receives basic skills revenue must submit a report identifying the expenditures it incurred to meet the needs of eligible learners under subdivision 1.  The report must conform to uniform financial and reporting standards established for this purpose and provide a breakdown by functional area.  Using valid and reliable data and measurement criteria, the report also must determine whether increased expenditures raised student achievement levels.

 

EFFECTIVE DATE.  This section is effective for revenue for fiscal year 2022 and later.

 

Sec. 7.  Minnesota Statutes 2020, section 127A.49, subdivision 3, is amended to read:

 

Subd. 3.  Excess tax increment.  (a) If a return of excess tax increment is made to a district pursuant to sections 469.176, subdivision 2, and 469.177, subdivision 9, or upon decertification of a tax increment district, the school district's aid and levy limitations must be adjusted for the fiscal year in which the excess tax increment is paid under the provisions of this subdivision.

 

(b) An amount must be subtracted from the district's aid for the current fiscal year equal to the product of:

 

(1) the amount of the payment of excess tax increment to the district in the preceding year, times

 

(2) the ratio of:

 

(i) the sum of the amounts of the district's certified levy for the fiscal year in which the excess tax increment is paid in the third preceding year according to the following:

 

(A) section 123B.57, if the district received health and safety aid according to that section for the second preceding year;

 

(B) section 124D.20, if the district received aid for community education programs according to that section for the second preceding year;

 

(C) section 124D.135, subdivision 3, if the district received early childhood family education aid according to section 124D.135 for the second preceding year;

 

(D) section 126C.17, subdivision 6, if the district received referendum equalization aid according to that section for the second preceding year;


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(E) section 126C.10, subdivision 13a, if the district received operating capital aid according to section 126C.10, subdivision 13b, in the second preceding year;

 

(F) section 126C.10, subdivision 29, if the district received equity aid according to section 126C.10, subdivision 30, in the second preceding year;

 

(G) section 126C.10, subdivision 32, if the district received transition aid according to section 126C.10, subdivision 33, in the second preceding year;

 

(H) section 123B.53, subdivision 5, if the district received debt service equalization aid according to section 123B.53, subdivision 6, in the second preceding year;

 

(I) section 123B.535, subdivision 4, if the district received natural disaster debt service equalization aid according to section 123B.535, subdivision 5, in the second preceding year;

 

(J) section 124D.22, subdivision 3, if the district received school-age care aid according to section 124D.22, subdivision 4, in the second preceding year; and

 

(K) section 122A.415, subdivision 5, if the district received alternative teacher compensation equalization aid according to section 122A.415, subdivision 6, paragraph (a), in the second preceding year; to

 

(ii) the total amount of the district's certified levy for the fiscal in the third preceding year, plus or minus auditor's adjustments.

 

(c) An amount must be subtracted from the school district's levy limitation for the next levy certified equal to the difference between:

 

(1) the amount of the distribution of excess increment; and

 

(2) the amount subtracted from aid pursuant to clause (a).

 

If the aid and levy reductions required by this subdivision cannot be made to the aid for the fiscal year specified or to the levy specified, the reductions must be made from aid for subsequent fiscal years, and from subsequent levies.  The school district must use the payment of excess tax increment to replace the aid and levy revenue reduced under this subdivision.

 

(d) This subdivision applies only to the total amount of excess increments received by a district for a calendar year that exceeds $25,000.

 

EFFECTIVE DATE.  This section is effective for revenue for fiscal year 2022 and later.

 

Sec. 8.  Minnesota Statutes 2020, section 469.176, subdivision 2, is amended to read:

 

Subd. 2.  Excess increments.  (a) The authority shall annually determine the amount of excess increments for a district, if any.  This determination must be based on the tax increment financing plan in effect on December 31 of the year and the increments and other revenues received as of December 31 of the year.  The authority must spend or return the excess increments under paragraph (c) within nine months after the end of the year.

 

(b) For purposes of this subdivision, "excess increments" equals the excess of:


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(1) total increments collected from the district since its certification, reduced by any excess increments paid under paragraph (c), clause (4), for a prior year, over

 

(2) the total costs authorized by the tax increment financing plan to be paid with increments from the district, reduced, but not below zero, by the sum of:

 

(i) the amounts of those authorized costs that have been paid from sources other than tax increments from the district;

 

(ii) revenues, other than tax increments from the district, that are dedicated for or otherwise required to be used to pay those authorized costs and that the authority has received and that are not included in item (i);

 

(iii) the amount of principal and interest obligations due on outstanding bonds after December 31 of the year and not prepaid under paragraph (c) in a prior year; and

 

(iv) increased by the sum of the transfers of increments made under section 469.1763, subdivision 6, to reduce deficits in other districts made by December 31 of the year.

 

(c) The authority shall use excess increment only to do one or more of the following:

 

(1) prepay any outstanding bonds;

 

(2) discharge the pledge of tax increment for any outstanding bonds;

 

(3) pay into an escrow account dedicated to the payment of any outstanding bonds; or

 

(4) return the excess amount to the county auditor who shall distribute the excess amount to the city or town, county, and school district in which the tax increment financing district is located in direct proportion to their respective local tax rates.

 

(d) For purposes of a district for which the request for certification was made prior to August 1, 1979, excess increments equal the amount of increments on hand on December 31, less the principal and interest obligations due on outstanding bonds or advances, qualifying under subdivision 1c, clauses (1), (2), (4), and (5), after December 31 of the year and not prepaid under paragraph (c).

 

(e) The county auditor must, prior to February 1 of each year, report to the commissioner of education the amount of any excess tax increment distributed to a school district within 30 days of the distribution for the preceding taxable year.

 

(f) For purposes of this subdivision, "outstanding bonds" means bonds which are secured by increments from the district.

 

(g) The state auditor may exempt an authority from reporting the amounts calculated under this subdivision for a calendar year, if the authority certifies to the auditor in its report that the total amount authorized by the tax increment plan to be paid with increments from the district exceeds the sum of the total increments collected for the district for all years by 20 percent.

 

EFFECTIVE DATE.  This section is effective for revenue for fiscal year 2022 and later.


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Sec. 9.  ENGLISH LEARNER CROSS SUBSIDY REDUCTION AID.

 

(a) Notwithstanding Minnesota Statutes, section 124D.65, English learner aid is increased by $2,000,000 per year for fiscal years 2022, 2023, 2024, and 2025.  The commissioner must allocate the aid to each school district and charter school based on the school district's or charter school's proportionate share of English learner and concentration revenue under Minnesota Statutes, section 126C.10, subdivision 4, clauses (2) and (3), for the preceding fiscal year.

 

(b) Revenue under this section must be used and reserved as basic skills revenue according to Minnesota Statutes, section 126C.15.

 

EFFECTIVE DATE.  This section is effective for revenue in fiscal year 2022 and expires at the end of fiscal year 2025.

 

Sec. 10.  APPROPRIATIONS.

 

Subdivision 1.  Department of Education.  The sums indicated in this section are appropriated from the general fund to the Department of Education for the fiscal years designated.

 

Subd. 2.  General education aid.  For general education aid under Minnesota Statutes, section 126C.13, subdivision 4:

 

 

 

                                $7,569,266,000

                                . . . . .

                                2022

 

 

$7,804,527,000

. . . . .

2023

 

The 2022 appropriation includes $717,326,000 for 2021 and $6,851,940,000 for 2022.

 

The 2023 appropriation includes $734,520,000 for 2022 and $7,070,007,000 for 2023.

 

Subd. 3.  Enrollment options transportation.  For transportation of pupils attending postsecondary institutions under Minnesota Statutes, section 124D.09, or for transportation of pupils attending nonresident districts under Minnesota Statutes, section 124D.03:

 

 

 

                                $12,000

                                . . . . .

                                2022

 

 

$13,000

. . . . .

2023

 

 

Subd. 4.  Abatement aid.  For abatement aid under Minnesota Statutes, section 127A.49:

 

 

 

                                $2,897,000

                                . . . . .

                                2022

 

 

$3,558,000

. . . . .

2023

 

The 2022 appropriation includes $269,000 for 2021 and $2,628,000 for 2022.

 

The 2023 appropriation includes $291,000 for 2022 and $3,267,000 for 2023.

 

Subd. 5.  Consolidation transition aid.  For districts consolidating under Minnesota Statutes, section 123A.485:

 

 

 

                                $309,000

                                . . . . .

                                2022

 

 

$373,000

. . . . .

2023


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The 2022 appropriation includes $30,000 for 2021 and $279,000 for 2022.

 

The 2023 appropriation includes $31,000 for 2022 and $342,000 for 2023.

 

Subd. 6.  Nonpublic pupil education aid.  For nonpublic pupil education aid under Minnesota Statutes, sections 123B.40 to 123B.43 and 123B.87:

 

 

 

                                $16,991,000

                                . . . . .

                                2022

 

 

$17,450,000

. . . . .

2023

 

The 2022 appropriation includes $1,903,000 for 2021 and $15,088,000 for 2022.

 

The 2023 appropriation includes $1,676,000 for 2022 and $15,774,000 for 2023.

 

Subd. 7.  Nonpublic pupil transportation.  For nonpublic pupil transportation aid under Minnesota Statutes, section 123B.92, subdivision 9:

 

 

 

                                $19,770,000

                                . . . . .

                                2022

 

 

$19,906,000

. . . . .

2023

 

The 2022 appropriation includes $1,910,000 for 2021 and $17,860,000 for 2022.

 

The 2023 appropriation includes $1,984,000 for 2022 and $17,922,000 for 2023.

 

Subd. 8.  One-room schoolhouse.  For a grant to Independent School District No. 690, Warroad, to operate the Angle Inlet School:

 

 

 

                                $65,000

                                . . . . .

                                2022

 

 

$65,000

. . . . .

2023

 

 

Subd. 9.  Career and technical aid For career and technical aid under Minnesota Statutes, section 124D.4531, subdivision 1b:

 

 

 

                                $2,668,000

                                . . . . .

                                2022

 

 

$2,279,000

. . . . .

2023

 

The 2022 appropriation includes $323,000 for 2021 and $2,345,000 for 2022.

 

The 2023 appropriation includes $260,000 for 2022 and $2,019,000 for 2023.

 

Subd. 10.  Pregnant and parenting pupil transportation reimbursement.  (a) To reimburse districts for transporting pregnant or parenting pupils under Minnesota Statutes, section 123B.92, subdivision 1, paragraph (b), clause (1), item (vi):

 

 

 

                                $56,000

                                . . . . .

                                2022

 

 

$55,000

. . . . .

2023


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(b) To receive reimbursement, districts must apply using the form and manner of application prescribed by the commissioner.  If the appropriation is insufficient, the commissioner must prorate the amount paid to districts seeking reimbursement.

 

(c) Any balance in the first year does not cancel but is available in the second year.

 

Subd. 11.  English learner cross subsidy reduction aid.  (a) For English learner cross subsidy reduction aid under section 9:

 

 

 

                                $2,000,000

                                . . . . .

                                2022

 

 

$2,000,000

. . . . .

2023

 

(b) The base for English learner cross subsidy reduction aid is $2,000,000 for fiscal year 2024, $2,000,000 for fiscal year 2025, and $0 for fiscal year 2026 and later.

 

ARTICLE 2

EDUCATION EXCELLENCE

 

Section 1.  Minnesota Statutes 2020, section 120B.132, is amended to read:

 

120B.132 RAISED ACADEMIC ACHIEVEMENT; ADVANCED PLACEMENT AND INTERNATIONAL BACCALAUREATE PROGRAMS.

 

Subdivision 1.  Establishment; eligibility.  (a) A program is established to raise kindergarten through grade 12 academic achievement through increased student participation in preadvanced placement, advanced placement, and international baccalaureate programs, consistent with section 120B.13.  Schools and charter schools eligible to participate under this section:

 

(1) must have a three-year plan approved by the local school board to establish a new international baccalaureate program leading to international baccalaureate authorization, expand an existing program that leads to international baccalaureate authorization, or expand an existing authorized international baccalaureate program; or

 

(2) must have a three-year plan approved by the local school board to create a new or expand an existing program to implement the college board advanced placement courses and exams or preadvanced placement initiative; and

 

(3) must propose to further raise students' academic achievement by:

 

(i) (1) increasing the availability of and all students' access to advanced placement or international baccalaureate courses or programs;

 

(ii) (2) expanding the breadth of advanced placement or international baccalaureate courses or programs that are available to students;

 

(iii) (3) increasing the number and the diversity of the students who participate in advanced placement or international baccalaureate courses or programs and succeed;

 

(iv) (4) providing low-income and other disadvantaged students with increased access to advanced placement or international baccalaureate courses and programs; or


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(v) (5) increasing the number of high school students, including low-income and other disadvantaged students, who receive college credit by successfully completing advanced placement or international baccalaureate courses or programs and achieving satisfactory scores on related exams.

 

(b) Within 90 days of receiving a grant under this section, a school district or charter school must:

 

(1) adopt a three-year plan approved by the local school board to establish a new international baccalaureate program leading to international baccalaureate authorization, expand an existing program that leads to international baccalaureate authorization, or expand an existing authorized international baccalaureate program; or

 

(2) adopt a three-year plan approved by the local school board to create a new program or expand an existing program to implement the college board advanced placement courses and exams or preadvanced placement initiative.

 

Subd. 2.  Application and review process; funding priority.  (a) Charter schools and school districts in which eligible schools under subdivision 1 are located may apply to the commissioner, in the form and manner the commissioner determines, for competitive funding to further raise students' academic achievement.  The application must detail the specific efforts the applicant intends to undertake in further raising students' academic achievement, consistent with subdivision 1, and a proposed budget detailing the district or charter school's current and proposed expenditures for advanced placement, preadvanced placement, and international baccalaureate courses and programs.  The proposed budget must demonstrate that the applicant's efforts will support implementation of advanced placement, preadvanced placement, and international baccalaureate courses and programs.  Expenditures for administration must not exceed five percent of the proposed budget.  Priority for advanced placement grants must be given to grantees who add or expand offerings of advanced placement computer science principles.  The commissioner may require an applicant to provide additional information.

 

(b) When reviewing applications, the commissioner must determine whether the applicant satisfied all the requirements in this subdivision and subdivision 1.  The commissioner may give funding priority to an otherwise qualified applicant that demonstrates:

 

(1) a focus on developing or expanding preadvanced placement, advanced placement, or international baccalaureate courses or programs or increasing students' participation in, access to, or success with the courses or programs, including the participation, access, or success of low-income and other disadvantaged students;

 

(2) a compelling need for access to preadvanced placement, advanced placement, or international baccalaureate courses or programs;

 

(3) an effective ability to actively involve local business and community organizations in student activities that are integral to preadvanced placement, advanced placement, or international baccalaureate courses or programs;

 

(4) access to additional public or nonpublic funds or in-kind contributions that are available for preadvanced placement, advanced placement, or international baccalaureate courses or programs;

 

(5) an intent to implement activities that target low-income and other disadvantaged students; or

 

(6) an intent to increase the advanced placement and international baccalaureate course offerings in science, technology, engineering, and math to low-income and other disadvantaged students.

 

Subd. 3.  Funding; permissible funding uses.  (a) The commissioner shall award grants to applicant school districts and charter schools that meet the requirements of subdivisions 1 and 2.  The commissioner must award grants on an equitable geographical basis to the extent feasible and consistent with this section.  Grant awards must not exceed the lesser of:


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(1) $85 times the number of pupils enrolled at the participating sites on October 1 of the previous fiscal year;

 

(2) the approved supplemental expenditures based on the budget submitted under subdivision 2.  For charter schools in their first year of operation, the maximum funding award must be calculated using the number of pupils enrolled on October 1 of the current fiscal year.  The commissioner may adjust the maximum funding award computed using prior year data for changes in enrollment attributable to school closings, school openings, grade level reconfigurations, or school district reorganizations between the prior fiscal year and the current fiscal year; or

 

(3) $150,000 $75,000 per district or charter school.

 

(b) School districts and charter schools that submit an application and receive funding under this section must use the funding, consistent with the application, to:

 

(1) provide teacher training and instruction to more effectively serve students, including low-income and other disadvantaged students, who participate in preadvanced placement, advanced placement, or international baccalaureate courses or programs;

 

(2) further develop preadvanced placement, advanced placement, or international baccalaureate courses or programs;

 

(3) improve the transition between grade levels to better prepare students, including low-income and other disadvantaged students, for succeeding in preadvanced placement, advanced placement, or international baccalaureate courses or programs;

 

(4) purchase books and supplies;

 

(5) pay course or program fees;

 

(6) increase students' participation in and success with preadvanced placement, advanced placement, or international baccalaureate courses or programs;

 

(7) expand students' access to preadvanced placement, advanced placement, or international baccalaureate courses or programs through online learning;

 

(8) hire appropriately licensed personnel to teach additional advanced placement or international baccalaureate courses or programs; or

 

(9) engage in other activities to expand low-income or disadvantaged students' access to, participation in, and success with preadvanced placement, advanced placement, or international baccalaureate courses or programs.  Other activities may include but are not limited to preparing and disseminating promotional materials to low-income and other disadvantaged students and their families.

 

Subd. 4.  Grants; annual reports.  (a) Each school district and charter school that receives a grant under this section annually must collect demographic and other student data to demonstrate and measure the extent to which the district or charter school raised students' academic achievement under this program and must report the data to the commissioner in the form and manner the commissioner determines.  The commissioner annually by February 15 must make summary data about this program available to the education policy and finance committees of the legislature.

 

(b) Each school district and charter school that receives a grant under this section annually must report to the commissioner, consistent with the Uniform Financial Accounting and Reporting Standards, its actual expenditures for advanced placement, preadvanced placement, and international baccalaureate courses and programs.  The report must demonstrate that the school district or charter school has maintained its effort from other sources for advanced


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placement, preadvanced placement, and international baccalaureate courses and programs compared with the previous fiscal year, and the district or charter school has expended all grant funds, consistent with its approved budget.

 

(c) Notwithstanding any law to the contrary, a grant under this section is available for three years from the date of the grant if the district or charter school meets the annual benchmarks in its plan under subdivision 1.

 

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

 

Sec. 2.  REVISED ACADEMIC STANDARDS IMPLEMENTATION SUSPENSION.

 

Notwithstanding Minnesota Statutes, section 120B.021, the commissioner of education must suspend until June 1, 2023, any implementation of revised academic standards not already implemented as of January 1, 2021, under Minnesota Statutes, section 120B.021.  This suspension does not prevent the commissioner from continuing with current rulemaking activities or developing future statewide assessments.

 

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

 

Sec. 3.  DIGITAL WELL-BEING GRANT.

 

Subdivision 1.  Findings; grant.  (a) The legislature finds that the negative effects of screen overuse and misuse impact the healthy development of young people.  Research supports a growing amount of evidence on the effects of screen overuse and misuse on the following dimensions of well-being:

 

(1) physically, including sleep disturbances, eye strain, headaches, obesity, back and neck pain, and physiological changes in the brain;

 

(2) mentally, including depression, anxiety, suicidal ideation, and addictive tendencies;

 

(3) socially, including loneliness, social upward mobility comparison, nomophobia, sexting, cyberbullying, unfiltered access to pornography, and diminished social and interpersonal skills;

 

(4) emotionally, including emotional dysregulation, decreased ability to express empathy, and lowered self‑esteem; and

 

(5) cognitive distraction, including diminished academic performance, decreased working memory, decrease in cognitive capacity and functioning, and increase in ADHD.

 

(b) The effects of screen overuse and misuse impact every generation, gender, race, and social class.  Technology poses a greater detriment to underserved populations on social mobility comparisons, academic achievement, distraction by devices in the learning environment, compromised use of technology as a learning tool, reduced social and emotional learning skills, and lower levels of learning motivation and self-confidence.

 

(c) The negative effects of social media on young people include sleep disruption, increased cyberbullying and rumor spreading, increased depression and anxiety, declines in life satisfaction, loss of interest in daily activities with peers, increased tendency to send sexualized images, suicidal ideation, self-harming, and obesity.

 

(d) The commissioner of education must award a grant to LiveMore ScreenLess, a Minnesota-based organization that collaborates with communities to promote digital well-being.  LiveMore ScreenLess must use the grant funds as described in subdivisions 2 to 5.


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Subd. 2.  Digital well-being resource hub.  The grant to LiveMore ScreenLess must be used to support the development of a library of resources for young people, parents, schools, after-school programs, and community‑based organizations to serve Minnesota as the premiere resource for promoting digital well-being.

 

Subd. 3.  Network of organizations.  LiveMore ScreenLess must identify key local and national organizations focused on particular aspects of healthy screen use and healthy youth development, including the issues of cyberbullying, suicide prevention, mental health, antipornography, mindfulness, and social and emotional learning, in order to create a robust network for addressing digital well-being.  LiveMore ScreenLess must collaborate, coordinate, and build upon Minnesota organizations and resources to address the effects of screen overuse and misuse with other advocates of young people.

 

Subd. 4.  Train-the-trainer series.  LiveMore ScreenLess must implement the digital well-being train‑the‑trainer series for all Minnesotans serving and advocating for young people in Minnesota, including youth development and leadership organizations, schools, community-based organizations, government sectors, and other related agencies.

 

Subd. 5.  Peer-to-peer training development.  LiveMore ScreenLess must deliver peer-to-peer training to develop young people as mentors and leaders to advocate and promote digital well-being among their peers and younger students.

 

Sec. 4.  APPROPRIATIONS.

 

Subdivision 1.  Department of Education.  The sums indicated in this section are appropriated from the general fund to the Department of Education for the fiscal years designated.

 

Subd. 2.  Achievement and integration aid.  For achievement and integration aid under Minnesota Statutes, section 124D.862:

 

 

 

                                $84,057,000

                                . . . . .

                                2022

 

 

$83,431,000

. . . . .

2023

 

The 2022 appropriation includes $8,868,000 for 2021 and $75,189,000 for 2022.

 

The 2023 appropriation includes $8,353,000 for 2022 and $75,078,000 for 2023.

 

Subd. 3.  American Indian education aid.  For American Indian education aid under Minnesota Statutes, section 124D.81, subdivision 2a:

 

 

 

                                $11,351,000

                                . . . . .

                                2022

 

 

$11,775,000

. . . . .

2023

 

The 2022 appropriation includes $1,102,000 for 2021 and $10,249,000 for 2022.

 

The 2023 appropriation includes $1,138,000 for 2022 and $10,637,000 for 2023.

 

Subd. 4.  Charter school building lease aid.  For building lease aid under Minnesota Statutes, section 124E.22:

 

 

 

                                $93,547,000

                                . . . . .

                                2022

 

 

$99,819,000

. . . . .

2023

 

The 2022 appropriation includes $8,617,000 for 2021 and $84,930,000 for 2022.


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The 2023 appropriation includes $9,436,000 for 2022 and $90,383,000 for 2023.

 

Subd. 5.  Civic education grants.  (a) For the Minnesota Civic Education Coalition for grants to Youth in Government, the Learning Law and Democracy Foundation, and the YMCA Center for Youth Voice to support civic education programs for youth age 18 and under to provide teacher professional development, educational resources, and program support:

 

 

 

                                $75,000

                                . . . . .

                                2022

 

 

$75,000

. . . . .

2023

 

(b) The programs must instruct students in:

 

(1) the constitutional principles and the democratic foundation of our national, state, and local institutions; and

 

(2) the political processes and structures of government, grounded in the understanding of constitutional government and individual rights.

 

(c) Any balance in the first year does not cancel but is available in the second year.

 

(d) The base for fiscal year 2024 is $0.

 

Subd. 6.  College entrance examination reimbursement.  (a) To reimburse districts for the costs of college entrance examination fees of free or reduced-price meal eligible students who take the ACT or SAT test under Minnesota Statutes, section 120B.30, subdivision 1, paragraph (e):

 

 

 

                                $1,011,000

                                . . . . .

                                2022

 

 

$1,011,000

. . . . .

2023

 

(b) Any balance in the first year does not cancel but is available in the second year.

 

Subd. 7.  Concurrent enrollment aid.  (a) For concurrent enrollment aid under Minnesota Statutes, section 124D.091:

 

 

 

                                $4,000,000

                                . . . . .

                                2022

 

 

$4,000,000

. . . . .

2023

 

(b) If the appropriation is insufficient, the commissioner must proportionately reduce the aid payment to each school district.

 

(c) Any balance in the first year does not cancel but is available in the second year.

 

Subd. 8.  Early childhood literacy programs.  (a) For early childhood literacy programs under Minnesota Statutes, section 119A.50, subdivision 3:

 

 

 

                                $7,950,000

                                . . . . .

                                2022

 

 

$7,950,000

. . . . .

2023

 

(b) Up to $7,950,000 each year is for leveraging federal and private funding to support AmeriCorps members serving in the Minnesota reading corps program established by ServeMinnesota, including costs associated with training and teaching early literacy skills to children ages three through grade 3 and evaluating the impact of the program under Minnesota Statutes, sections 124D.38, subdivision 2, and 124D.42, subdivision 6.


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(c) Any balance in the first year does not cancel but is available in the second year.

 

Subd. 9.  Examination fees; teacher training and support programs.  (a) For students' advanced placement and international baccalaureate examination fees under Minnesota Statutes, section 120B.13, subdivision 3, and the training and related costs for teachers and other interested educators under Minnesota Statutes, section 120B.13, subdivision 1:

 

 

 

                                $4,500,000

                                . . . . .

                                2022

 

 

$4,500,000

. . . . .

2023

 

(b) The advanced placement program shall receive 75 percent of the appropriation each year and the international baccalaureate program shall receive 25 percent of the appropriation each year.  The department, in consultation with representatives of the advanced placement and international baccalaureate programs selected by the Advanced Placement Advisory Council and International Baccalaureate Minnesota, respectively, shall determine the amounts of the expenditures each year for examination fees and training and support programs for each program.

 

(c) Notwithstanding Minnesota Statutes, section 120B.13, subdivision 1, at least $500,000 each year is for teachers to attend subject matter summer training programs and follow-up support workshops approved by the advanced placement or international baccalaureate programs.  The amount of the subsidy for each teacher attending an advanced placement or international baccalaureate summer training program or workshop shall be the same.  The commissioner shall determine the payment process and the amount of the subsidy.

 

(d) The commissioner shall pay all examination fees for all students of low-income families under Minnesota Statutes, section 120B.13, subdivision 3, and to the extent of available appropriations, shall also pay examination fees for students sitting for an advanced placement examination, international baccalaureate examination, or both.

 

(e) Any balance in the first year does not cancel but is available in the second year.

 

Subd. 10.  Girls in Action grant.  (a) For a grant to the Girls in Action program to enable Girls in Action to continue to provide and expand Twin Cities metropolitan area school and community-based programs that encourage and support low-income girls of color:

 

 

 

                                $1,500,000

                                . . . . .

                                2022

 

 

$0

. . . . .

2023

 

(b) Of the appropriated funds, $1,000,000 must be used to sustain 16 current Girls in Action program sites and expand to reach an additional four sites in inner ring suburban communities with growing ethnic diversity among students.

 

(c) Of the appropriated funds, $500,000 must be used to sustain three community-based Girls in Action programs for Asian, East African, and Latina girls in Hennepin, Ramsey, and Dakota Counties, and to expand an additional two community-based programs in these counties to reach Native American and African American girls.

 

(d) Girls in Action programs supported by these funds must include programs focused on:

 

(1) increasing academic performance, high school graduation rates, and enrollment in postsecondary education for girls faced with social, demographic, racial, and economic barriers and challenges;

 

(2) increasing mentoring, literacy, career development, positive community engagement, and number of qualified female employees of color in the workforce pipeline, particularly in the science, technology, engineering, and mathematics fields;


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(3) providing coaching, mentoring, health and wellness counseling, resources to girls whose experience with sexual assault has negatively impacted their academics and behavior, and culturally sensitive therapy resources and counseling services to sexual assault victims; and

 

(4) increasing financial literacy and knowledge of options for financing college or postsecondary education.

 

(e) This is a onetime appropriation.

 

(f) Any balance in the first year does not cancel but is available until June 30, 2024.

 

Subd. 11.  Grants to increase science, technology, engineering, and math course offerings.  (a) For grants to schools to encourage low-income and other underserved students to participate in advanced placement and international baccalaureate programs according to Minnesota Statutes, section 120B.132:

 

 

 

                                $250,000

                                . . . . .

                                2022

 

 

$250,000

. . . . .

2023

 

(b) The commissioner must consider grant applications from schools located in greater Minnesota and from schools located in the seven-county metropolitan area.

 

(c) Any balance in the first year does not cancel but is available in the second year.

 

Subd. 12.  Interdistrict desegregation or integration transportation grants.  For interdistrict desegregation or integration transportation grants under Minnesota Statutes, section 124D.87:

 

 

 

                                $12,310,000

                                . . . . .

                                2022

 

 

$14,823,000

. . . . .

2023

 

 

Subd. 13.  Literacy incentive aid.  For literacy incentive aid under Minnesota Statutes, section 124D.98:

 

 

 

                                $45,075,000

                                . . . . .

                                2022

 

 

$45,968,000

. . . . .

2023

 

The 2022 appropriation includes $4,463,000 for 2021 and $40,612,000 for 2022.

 

The 2023 appropriation includes $4,512,000 for 2022 and $41,456,000 for 2023.

 

Subd. 14.  Minnesota Independence College and Community.  (a) For transfer to the Office of Higher Education for grants to Minnesota Independence College and Community for tuition reduction and institutional support:

 

 

 

                                $625,000

                                . . . . .

                                2022

 

 

$625,000

. . . . .

2023

 

(b) Any balance in the first year does not cancel but is available in the second year.


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Subd. 15.  Minnesota math corps program.  (a) For the Minnesota math corps program under Minnesota Statutes, section 124D.42, subdivision 9:

 

 

 

                                $1,000,000

                                . . . . .

                                2022

 

 

$1,000,000

. . . . .

2023

 

(b) Any balance in the first year does not cancel but is available in the second year.

 

(c) The base for fiscal year 2024 and later is $500,000.

 

Subd. 16.  Minnesota Principals Academy.  (a) For grants to the University of Minnesota College of Education and Human Development for the operation of the Minnesota Principals Academy:

 

 

 

                                $200,000

                                . . . . .

                                2022

 

 

$200,000

. . . . .

2023

 

(b) Of these amounts, $50,000 must be used to pay the costs of attendance for principals and school leaders from schools identified for intervention under the state's accountability system as implemented to comply with the federal Every Student Succeeds Act.  To the extent funds are available, the Department of Education is encouraged to use up to $200,000 of federal Title II funds to support additional participation in the Principals Academy by principals and school leaders from schools identified for intervention under the state's accountability system as implemented to comply with the federal Every Student Succeeds Act.

 

(c) Any balance in the first year does not cancel but is available in the second year.

 

Subd. 17.  Minnesota Youth Council.  (a) For grants to the Minnesota Alliance With Youth for the activities of the Minnesota Youth Council:

 

 

 

                                $187,000

                                . . . . .

                                2022

 

 

$188,000

. . . . .

2023

 

(b) Any balance in the first year does not cancel but is available in the second year.

 

(c) The base for fiscal year 2024 and later is $0.

 

Subd. 18.  Museums and education centers.  (a) For grants to museums and education centers:

 

 

 

                                $610,000

                                . . . . .

                                2022

 

 

$610,000

. . . . .

2023

 

(b) $269,000 each year is for the Minnesota Children's Museum.

 

(c) $50,000 each year is for the Minnesota Children's Museum, Rochester.

 

(d) $50,000 each year is for the Duluth Children's Museum.

 

(e) $41,000 each year is for the Minnesota Academy of Science.

 

(f) $50,000 each year is for the Headwaters Science Center.


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(g) $50,000 in fiscal years 2022 and 2023 only is for the Children's Museum of Southern Minnesota.

 

(h) $50,000 in fiscal years 2022 and 2023 only is for the Works Museum in Bloomington.

 

(i) $50,000 in fiscal years 2022 and 2023 only is for the Children's Discovery Museum of Grand Rapids.

 

(j) A recipient of a grant under this subdivision must use the funds to encourage and increase access for historically underserved communities.

 

(k) Any balance in the first year does not cancel but is available in the second year.

 

(l) The base for fiscal year 2024 and later is $460,000 for the museums and amounts indicated in paragraphs (b) to (f).

 

Subd. 19.  P-TECH schools.  (a) For P-TECH support grants under Minnesota Statutes, section 124D.093, subdivision 5:

 

 

 

                                $791,000

                                . . . . .

                                2022

 

 

$791,000

. . . . .

2023

 

(b) The amounts in this subdivision are for grants to a public-private partnership that includes Independent School District No. 535, Rochester.

 

(c) Any balance in the first year does not cancel but is available in the second year.

 

Subd. 20.  Recovery program grants.  (a) For recovery program grants under Minnesota Statutes, section 124D.695:

 

 

 

                                $750,000

                                . . . . .

                2022

 

 

$750,000

. . . . .

2023

 

(b) Any balance in the first year does not cancel but is available in the second year.

 

Subd. 21.  Rural career and technical education consortium.  (a) For rural career and technical education consortium grants:

 

 

 

                                $3,000,000

                                . . . . .

                2022

 

 

$3,000,000

. . . . .

2023

 

(b) Any balance in the first year does not cancel but is available in the second year.

 

Subd. 22.  Sanneh Foundation.  (a) For grants to the Sanneh Foundation for purposes of paragraph (b):

 

 

 

                                $1,500,000

                                . . . . .

                2022

 

 

$1,500,000

. . . . .

2023

 

(b) The grants to the Sanneh Foundation must be directed toward programs for low-performing and chronically absent students with a focus on low-income students and students of color.  The goals of the grants include decreasing absenteeism, encouraging school engagement, improving grades, and improving graduation rates.  The grants may be used to:


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(1) provide all-day, in-school academic and behavioral interventions and social and emotional learning throughout the school year;

 

(2) provide year-round, out-of-school behavioral, social, and emotional learning interventions and enrichment activities;

 

(3) enhance career exploration opportunities, including exposure to businesses and business activities; and

 

(4) develop pathways in cooperation with businesses or higher education partners for participants to pursue careers in education and youth development.

 

(c) Any balance in the first year does not cancel but is available in the second year.

 

(d) The base for fiscal year 2024 is $0.

 

Subd. 23.  ServeMinnesota program.  (a) For funding ServeMinnesota programs under Minnesota Statutes, sections 124D.37 to 124D.45:

 

 

 

                                $900,000

                                . . . . .

                2022

 

 

$900,000

. . . . .

2023

 

(b) A grantee organization may provide health and child care coverage to the dependents of each participant enrolled in a full-time ServeMinnesota program to the extent such coverage is not otherwise available. 

 

(c) Any balance in the first year does not cancel but is available in the second year.

 

Subd. 24.  Starbase MN.  (a) For a grant to Starbase MN for a rigorous science, technology, engineering, and math (STEM) program providing students in grades 4 through 6 with a multisensory learning experience and a hands-on curriculum in an aerospace environment using state-of-the-art technology:

 

 

 

                                $500,000

                                . . . . .

                2022

 

 

$500,000

. . . . .

2023

 

(b) Any balance in the first year does not cancel but is available in the second year.

 

Subd. 25.  Statewide testing and reporting system.  (a) For the statewide testing and reporting system under Minnesota Statutes, section 120B.30:

 

 

 

                                $9,692,000

                                . . . . .

                2022

 

 

$9,692,000

. . . . .

2023

 

(b) Any balance in the first year does not cancel but is available in the second year.

 

(c) The base in 2024 and 2025 is $10,892,000 per year.

 

Subd. 26.  Student organizations.  (a) For student organizations:

 

 

 

                                $768,000

                                . . . . .

                2022

 

 

$768,000

. . . . .

2023

 

(b) $46,000 each year is for student organizations serving health occupations (HOSA).


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(c) $100,000 each year is for student organizations serving trade and industry occupations (Skills USA, secondary and postsecondary).

 

(d) $95,000 each year is for student organizations serving business occupations (BPA, secondary and postsecondary).

 

(e) $193,000 each year is for student organizations serving agriculture occupations (FFA, PAS).

 

(f) $185,000 each year is for student organizations serving family and consumer science occupations (FCCLA).  Notwithstanding Minnesota Rules, part 3505.1000, subparts 28 and 31, the student organizations serving FCCLA shall continue to serve students younger than grade 9.

 

(g) $109,000 each year is for student organizations serving marketing occupations (DECA and DECA collegiate).

 

(h) $40,000 each year is for the Minnesota Foundation for Student Organizations.

 

(i) Any balance in the first year does not cancel but is available in the second year.

 

Subd. 27.  Tribal contract school aid.  For Tribal contract school aid under Minnesota Statutes, section 124D.83:

 

 

 

                                $2,743,000

                                . . . . .

                2022

 

 

$3,160,000

. . . . .

2023

 

The 2022 appropriation includes $240,000 for 2021 and $2,503,000 for 2022.

 

The 2023 appropriation includes $278,000 for 2022 and $2,882,000 for 2023.

 

Subd. 28.  Digital well-being.  (a) For a grant to LiveMore ScreenLess to promote digital well-being consistent with the provisions of section 3:

 

 

 

                                $1,000,000

                                . . . . .

                2022

 

 

$0

. . . . .

2023

 

(b) Prior to receiving funds under this subdivision, LiveMore ScreenLess must submit a proposed budget and timeline for expenditure of grant funds to the commissioner.  LiveMore ScreenLess must submit regular progress reports in a form and manner determined by the commissioner in each year of the grant, which may include financial reconciliation of expenditures made by LiveMore ScreenLess. 

 

(c) By January 15 of each year, LiveMore ScreenLess must submit a report detailing expenditures, activities, and outcomes to the commissioner and the chairs and ranking minority members of the legislative committees with primary jurisdiction over kindergarten through grade 12 education policy and finance.

 

(d) Any balance in the first year does not cancel but is available in the second year.  The base for fiscal year 2024 and later is $0.


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ARTICLE 3

TEACHERS

 

Section 1.  [122A.59] COME TEACH IN MINNESOTA HIRING BONUSES.

 

Subdivision 1.  Purpose.  This section establishes a program to support districts and schools recruiting and offering hiring bonuses for licensed teachers who are American Indian or a person of color from another state or country in order to meet staffing needs in shortage areas in economic development regions in Minnesota.

 

Subd. 2.  Eligibility.  A district or school must verify that the hiring bonus is given to teachers licensed in another state who:

 

(1) qualify for a Tier 3 or Tier 4 Minnesota license;

 

(2) have moved to the economic development region in Minnesota where they were hired; and

 

(3) belong to a racial or ethnic group that is underrepresented among teachers compared to students in the district or school under section 120B.35, subdivision 3, paragraph (b), clause (2).

 

Subd. 3.  Bonus amount.  A district or school may offer a signing and retention bonus of a minimum of $2,500 and a maximum of $5,000 to a teacher who meets the eligibility requirements.  A teacher who meets the eligibility requirements and meets a licensure shortage area in the economic development region of the state where the school is located may be offered a signing bonus of a minimum of $4,000 and a maximum of $8,000.  A teacher must be paid half of the bonus when starting employment and half after completing four years of service in the hiring district or school if the teacher has demonstrated teaching effectiveness and is not on a professional improvement plan under section 122A.40, subdivision 8, paragraph (b), clause (12) or (13), or section 122A.41, subdivision 5, paragraph (b), clause (12) or (13), or is not being considered for termination for a reason listed in section 122A.40, subdivision 9, including a teacher hired by a school district located in a city of the first class.  A teacher who does not complete their first school year upon receiving a hiring bonus must repay the hiring bonus.

 

Subd. 4.  Administration.  The commissioner must establish a process for districts or schools to seek reimbursement for hiring bonuses given to teachers in shortage areas moving to and working in Minnesota schools experiencing specific shortages.  The commissioner must provide guidance for districts to seek repayment of a hiring bonus from a teacher who does not complete the first year of employment.  The department may conduct a pilot program with a small number of teachers during the 2022-2023 biennium to establish feasibility.  The department must submit a report by December 1, 2022, to the chairs and ranking minority members of the legislative committees with jurisdiction over kindergarten through grade 12 education detailing the effectiveness of the program and recommendations for improvement in future years.

 

Subd. 5.  Come Teach in Minnesota Hiring Bonus program account.  (a) An account is established in the special revenue fund known as the "Come Teach in Minnesota Hiring Bonus program account."

 

(b) Funds appropriated for the Come Teach in Minnesota Hiring Bonus program under this section must be transferred to the Come Teach in Minnesota Hiring Bonus program account in the special revenue fund.

 

(c) Money in the account is annually appropriated to the commissioner for hiring bonuses under this section.  Any returned funds are available to be regranted.

 

(d) Up to $35,000 annually is appropriated to the commissioner for costs associated with developing and administering the program under this section.

 

EFFECTIVE DATE.  This section applies to teacher contracts entered into on or after July 1, 2021.  Subdivision 5 is effective the day following final enactment.


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Sec. 2.  Minnesota Statutes 2020, section 122A.61, subdivision 1, is amended to read:

 

Subdivision 1.  Staff development revenue.  (a) A district is required to reserve an amount equal to at least two percent of the basic revenue under section 126C.10, subdivision 2, for:

 

(1) teacher development and evaluation under section 122A.40, subdivision 8, or 122A.41, subdivision 5;

 

(2) principal development and evaluation under section 123B.147, subdivision 3;

 

(3) professional development under section 122A.60; and

 

(4) in-service education for programs under section 120B.22, subdivision 2.; and

 

(5) teacher mentorship under section 122A.70, subdivision 1.

 

(b) To the extent extra funds remain, staff development revenue may be used for staff development plans, including plans for challenging instructional activities and experiences under section 122A.60, and for curriculum development and programs, other in-service education, teachers' mentoring under section 122A.70 and evaluation, teachers' workshops, teacher conferences, the cost of substitute teachers for staff development purposes, preservice and in-service education for special education professionals and paraprofessionals, and other related costs for staff development efforts.

 

(c) A district may annually waive the requirement to reserve their basic revenue under this section if a majority vote of the licensed teachers in the district and a majority vote of the school board agree to a resolution to waive the requirement.  A district in statutory operating debt is exempt from reserving basic revenue according to this section.  Districts may expend an additional amount of unreserved revenue for staff development based on their needs.

 

EFFECTIVE DATE.  This section is effective July 1, 2021.

 

Sec. 3.  Minnesota Statutes 2020, section 122A.63, subdivision 6, is amended to read:

 

Subd. 6.  Eligibility for scholarships Eligible students.  (a) The following American Indian people are eligible for scholarships An eligible student is a person who:

 

(1) a student having has origins in any of the original peoples of North America and maintaining maintains cultural identification through tribal affiliation or community recognition; and

 

(2) is:

 

(i) 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;

 

(3) (ii) 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 or

 

(4) (iii) 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 must be determined according to the congressional methodology for needs determination or as otherwise set in federal law.


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(b) Priority must be given first to a student eligible students who is are tribally enrolled in a federally or state recognized Tribe and then to first- and second-generation descendants.

 

Sec. 4.  Minnesota Statutes 2020, section 122A.63, subdivision 9, is amended to read:

 

Subd. 9.  Eligible programming.  (a) The grantee institutions and their contracted partner institutions may provide scholarships to eligible students progressing toward educational goals in any area of teacher licensure, including an associate's, 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) Scholarships may be used to cover an eligible student's cost of attendance under section 136A.126, subdivision 3.

 

(b) (c) 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) (d) 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. 5.  Minnesota Statutes 2020, 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 must develop teacher mentoring programs for teachers new to the profession or district, including teaching residents, teachers of color, teachers who are American Indian, teachers in license shortage areas, teachers with special needs, or experienced teachers in need of peer coaching.

 

(b) Teacher mentoring programs must be included in or aligned with districts' teacher evaluation and peer review processes under sections 122A.40, subdivision 8, and 122A.41, subdivision 5.  A district may use staff development revenue under section 122A.61, special grant programs established by the legislature, or another funding source to pay a stipend to a mentor who may be a current or former teacher who has taught at least three years and is not on an improvement plan.  Other initiatives using such funds or funds available under sections 124D.861 and 124D.862 may include:

 

(1) additional stipends as incentives to mentors of color or who are American Indian;

 

(2) financial supports for professional learning community affinity groups across schools within and between districts for teachers from underrepresented racial and ethnic groups to come together throughout the school year.  For purposes of this section, "affinity groups" are groups of educators who share a common racial or ethnic identity in society as persons of color or who are American Indian;


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(3) programs for induction aligned with the district or school mentorship program during the first three years of teaching, especially for teachers from underrepresented racial and ethnic groups; or

 

(4) grants supporting licensed and nonlicensed educator participation in professional development, such as workshops and graduate courses, related to increasing student achievement for students of color and American Indian students in order to close opportunity and achievement gaps.

 

(c) A school or district that receives a grant must negotiate additional retention strategies or protection from unrequested leave of absences in the beginning years of employment for teachers of color and teachers who are American Indian.  Retention strategies may include providing financial incentives for teachers of color and teachers who are American Indian to work in the school or district for at least five years and placing American Indian educators at sites with other American Indian educators and educators of color at sites with other educators of color to reduce isolation and increase opportunity for collegial support.

 

Subd. 2.  Applications Board grants.  The Professional Educator Licensing and Standards Board must make grant application forms available to sites interested in developing or expanding a mentorship program.  A school district; a group of school districts; a coalition of districts, teachers, and teacher education institutions; or a coalition of schools, teachers, or nonlicensed educators may apply for a 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, 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 for grants under subdivision 2 must express commitment to:

 

(1) allow staff participation;

 

(2) assess skills of both beginning and mentor teachers;

 

(3) provide appropriate in-service to needs identified in the assessment;

 

(4) provide leadership to the effort;

 

(5) cooperate with higher education institutions;

 

(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.

 

Subd. 4.  Additional funding.  Grant applicants are required to must 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 receive a board grant under subdivision 2 to design, develop, implement, and evaluate their program must participate in activities that support program development and implementation.  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.


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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.

 

EFFECTIVE DATE.  This section is effective July 1, 2021.

 

Sec. 6.  [122A.73] GRANTS FOR GROW YOUR OWN PROGRAMS.

 

Subdivision 1.  Establishment.  The commissioner of education must award grants for Grow Your Own programs established under this section in order to develop a teaching workforce that more closely reflects the state's increasingly diverse student population and ensure all students have equitable access to effective and diverse teachers.

 

Subd. 2.  Grow Your Own district programs.  (a) A school district may apply for a grant for a Professional Educator Licensing and Standards Board-approved teacher preparation program.  The grant recipient must use at least 80 percent of grant funds to provide tuition scholarships or stipends to enable school district employees or community members affiliated with a school district, who are of color or American Indian and who seek a teaching license, to participate in the teacher preparation program. 

 

(b) A district using grant funds under this subdivision to provide financial support to teacher candidates may require a commitment as determined by the district to teach in the district for a reasonable amount of time that does not exceed five years.

 

Subd. 3.  Grants for programs serving secondary school students.  (a) In addition to grants for developing and offering dual-credit postsecondary course options in schools for "Introduction to Teaching" or "Introduction to Education" courses under section 124D.09, subdivision 10, a school district or charter school may apply for grants under this section to offer other innovative programs that encourage secondary school students, especially students of color and American Indian students, to pursue teaching.  To be eligible for a grant under this subdivision, a school district or charter school must ensure that the aggregate percentage of secondary school students of color and American Indian students participating in the program is equal to or greater than the aggregate percentage of students of color and American Indian students in the school district or charter school.

 

(b) A grant recipient must use grant funds awarded under this subdivision for:

 

(1) supporting future teacher clubs or service-learning opportunities that provide middle and high school students with experiential learning that supports the success of younger students or peers and increases students' interest in pursuing a teaching career;

 

(2) providing direct support, including wrap-around services, for students who are of color or American Indian to enroll and be successful in postsecondary enrollment options courses under section 124D.09 that would meet degree requirements for teacher licensure; or

 

(3) offering scholarships to graduating high school students who are of color or American Indian to enroll in board-approved undergraduate teacher preparation programs at a college or university in Minnesota.

 

Subd. 4.  Grant procedure.  (a) A district must apply for a grant under this section in the form and manner specified by the commissioner.  The commissioner must give priority to districts with the highest total number or percentage of students who are of color or American Indian.  To the extent that there are sufficient applications, the commissioner must, to the extent practicable, award an equal number of grants between districts in greater Minnesota and those in the Twin Cities metropolitan area.


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(b) For the 2022-2023 school year and later, grant applications for new and existing programs must be received by the commissioner no later than January 15 of the year prior to the school year in which the grant will be used.  The commissioner must review all applications and notify grant recipients by March 15 or as soon as practicable of the anticipated amount awarded.  If the commissioner determines that sufficient funding is unavailable for the grants, the commissioner must notify grant applicants by June 30 or as soon as practicable that there are insufficient funds.

 

(c) For the 2021-2022 school year, the commissioner must set a timetable for awarding grants as soon as practicable.

 

Subd. 5.  Grow Your Own program account.  (a) An account is established in the special revenue fund known as the "Grow Your Own program account.  "

 

(b) Funds appropriated for the Grow Your Own program under this section must be transferred to the Grow Your Own program account in the special revenue fund.

 

(c) Money in the account is annually appropriated to the commissioner for the Grow Your Own program under this section.  Any returned funds are available to be regranted.  Grant recipients may apply to use grant money over a period of up to 60 months.

 

(d) Up to $100,000 annually is appropriated to the commissioner for costs associated with administering and monitoring the program under this section.

 

Subd. 6.  Report.  Grant recipients must annually report to the commissioner in the form and manner determined by the commissioner on their activities under this section, including the number of participants, the percentage of participants who are of color or American Indian, and an assessment of program effectiveness, including participant feedback, areas for improvement, the percentage of participants continuing to pursue teacher licensure, and where applicable, the number of participants hired in the school or district as teachers after completing preparation programs.  The commissioner must publish a report for the public that summarizes the activities and outcomes of grant recipients and what was done to promote sharing of effective practices among grant recipients and potential grant applicants.

 

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

 

Sec. 7.  APPROPRIATIONS; DEPARTMENT OF EDUCATION.

 

Subdivision 1.  Department of Education.  The sums indicated in this section are appropriated from the general fund to the Department of Education for the fiscal years designated.

 

Subd. 2.  Black Men Teach Twin Cities grant.  (a) For transfer to the Office of Higher Education for a grant to Black Men Teach Twin Cities to establish partnerships with eight school district elementary schools or elementary charter schools with a goal of increasing the number of black male teachers to 20 percent of the employees at each school site:

 

 

 

                                $750,000

                                . . . . .

                                2022

 

 

$0

. . . . .

2023

 

(b) Any balance does not cancel but is available until June 30, 2024.  The base for fiscal year 2024 and later is $0.

 

(c) The grant recipient must provide a detailed report to the chairs and ranking minority members of the legislative committees having jurisdiction over higher education and kindergarten through grade 12 education by January 15 of each year until 2025 describing how the grant funds were used.  The report must describe the progress made toward the goal of increasing the number of black male teachers at each school site and strategies used.


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Subd. 3.  Statewide concurrent enrollment teacher training program.  (a) For the concurrent enrollment teacher partnership under Minnesota Statutes, section 122A.76:

 

 

 

                                $375,000

                                . . . . .

                                2022

 

 

$375,000

. . . . .

2023

 

(b) Any balance in the first year does not cancel but is available in the second year.

 

Subd. 4.  Grow Your Own.  (a) For grants to develop, continue, or expand Grow Your Own new teacher programs under Minnesota Statutes, section 122A.73:

 

 

 

                                $6,500,000

                                . . . . .

                                2022

 

 

$6,500,000

. . . . .

2023

 

(b) This appropriation is subject to the requirements under Minnesota Statutes, section 122A.73, subdivision 5.

 

(c) Any balance in the first year does not cancel but is available in the second year.

 

Subd. 5.  Nonexclusionary discipline.  (a) For grants to school districts and charter schools to provide training for school staff on nonexclusionary disciplinary practices:

 

 

 

                                $1,750,000

. . . . .

                                2022

 

 

$0

. . . . .

2023

 

(b) Grants are to develop training and to work with schools to train staff on nonexclusionary disciplinary practices that maintain the respect, trust, and attention of students and help keep students in classrooms.  These funds may also be used for grant administration.

 

(c) Eligible grantees include school districts, charter schools, intermediate school districts, and cooperative units as defined in section 123A.24, subdivision 2.

 

(d) Any balance in the first year does not cancel but is available in the second year.

 

(e) The base for fiscal year 2024 and later is $0.

 

Subd. 6.  Expanded concurrent enrollment grants.  (a) For grants to institutions offering "Introduction to Teaching" or "Introduction to Education" college in the schools courses under Minnesota Statutes, section 124D.09, subdivision 10, paragraph (b):

 

 

 

                                $500,000

                                . . . . .

                                2022

 

 

$500,000

. . . . .

2023

 

(b) The department may retain up to five percent of the appropriation amount to monitor and administer the grant program.

 

(c) Any balance in the first year does not cancel but is available in the second year.

 

Subd. 7.  Alternative teacher compensation aid.  (a) For alternative teacher compensation aid under Minnesota Statutes, section 122A.415, subdivision 4:

 

 

 

                                $88,896,000

                                . . . . .

                                2022

 

 

$88,898,000

. . . . .

2023


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(b) The 2022 appropriation includes $8,877,000 for 2021 and $80,019,000 for 2022.

 

(c) The 2023 appropriation includes $8,891,000 for 2022 and $80,007,000 for 2023.

 

Subd. 8.  Agricultural educator grants.  (a) For agricultural educator grants under Laws 2017, First Special Session chapter 5, article 2, section 51:

 

 

 

                                $250,000

                                . . . . .

                                2022

 

 

$250,000

. . . . .

2023

 

(b) Any balance in the first year does not cancel but is available in the second year.

 

Subd. 9.  American Indian teacher preparation grants.  (a) For joint grants to assist people who are American Indian to become teachers under Minnesota Statutes, section 122A.63:

 

 

 

                                $600,000

                                . . . . .

                                2022

 

 

$600,000

. . . . .

2023

 

(b) Any balance in the first year does not cancel but is available in the second year.

 

Subd. 10.  Come Teach in Minnesota hiring bonuses.  (a) For the Come Teach in Minnesota hiring bonuses pilot program under Minnesota Statutes, section 122A.59:

 

 

 

                                $200,000

                                . . . . .

                                2022

 

 

$200,000

. . . . .

2023

 

(b) This appropriation is subject to the requirements under Minnesota Statutes, section 122A.59, subdivision 5.

 

(c) Any balance in the first year does not cancel but is available in the second year.

 

Subd. 11.  Language Essentials for Teachers of Reading and Spelling grant.  (a) For grants to Minnesota licensed teachers to complete the Language Essentials for Teachers of Reading and Spelling (LETRS) program:

 

 

 

                                $3,000,000

                                . . . . .

                                2022

 

 

$0

. . . . .

2023

 

(b) Any balance in the first year does not cancel but is available in the second year.

 

(c) The base for fiscal year 2024 and later is $0.

 

Sec. 8.  APPROPRIATIONS; PROFESSIONAL EDUCATOR LICENSING AND STANDARDS BOARD.

 

Subdivision 1.  Professional Educator Licensing and Standards Board.  The sums indicated in this section are appropriated from the general fund to the Professional Educator Licensing and Standards Board for the fiscal years designated.

 

Subd. 2.  Collaborative urban and greater Minnesota educators of color grants.  (a) For collaborative urban and greater Minnesota educators of color grants under Minnesota Statutes, section 122A.635:

 

 

 

                                $1,000,000

                                . . . . .

                                2022

 

 

$1,000,000

. . . . .

2023


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(b) The board may retain up to $30,000 of the appropriation amount in each fiscal year to monitor and administer the grant program and a portion of these funds may be transferred to the Office of Higher Education as determined by the executive director of the board and the commissioner to support the administration of the program.

 

(c) Any balance in the first year does not cancel but is available in the second year.

 

Subd. 3.  Mentoring, induction, and retention incentive program grants for teachers of color.  (a) For the development and expansion of mentoring, induction, and retention programs designed for teachers of color or American Indian teachers under Minnesota Statutes, section 122A.70:

 

 

 

                                $3,004,000

                                . . . . .

                                2022

 

 

$2,996,000

. . . . .

2023

 

(b) Any balance does not cancel but is available in the following fiscal year.

 

(c) The base appropriation for grants under Minnesota Statutes, section 122A.70, for fiscal year 2024 and later is $2,996,000, of which at least $2,330,000 each fiscal year must be granted for the development and expansion of mentoring, induction, and retention programs designed for teachers of color or American Indian teachers.

 

(d) The board may retain up to three percent of the appropriation amount to monitor and administer the grant program.

 

Subd. 4.  Teacher recruitment marketing campaign.  (a) To develop contracts to develop and implement an outreach and marketing campaign under this subdivision:

 

 

 

                                $250,000

                                . . . . .

                                2022

 

 

$250,000

. . . . .

2023

 

(b) The Professional Educator Licensing and Standards Board must issue a request for proposals to develop and implement an outreach and marketing campaign to elevate the profession and recruit teachers, especially teachers of color and American Indian teachers.  Outreach efforts should include and support current and former Teacher of the Year finalists interested in being recruitment fellows to encourage prospective educators throughout the state.

 

(c) The outreach and marketing campaign must focus on making the following individuals become interested in teaching in Minnesota public schools:

 

(1) high school and college students of color or American Indian students who have not chosen a career path; or

 

(2) adults from racial or ethnic groups underrepresented in the teacher workforce who may be seeking to change careers.

 

(d) The board must award grants each year to firms or organizations that demonstrate capacity to reach wide and varied audiences of prospective teachers based on a work plan with quarterly deliverables.  Preferences should be given to firms or organizations that are led by people of color and that have people of color working on the campaign with a proven record of success.  The grant recipients must recognize current pathways or programs to become a teacher and must partner with educators, schools, institutions, and racially diverse communities.  The grant recipients are encouraged to provide in-kind contributions or seek funds from nonstate sources to supplement the grant aard.


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(e) The board may use no more than three percent of the appropriation amount to administer the program under this subdivision, and may have an interagency agreement with the Department of Education including transfer of funds to help administer the program.

 

(f) Any balance in the first year does not cancel but is available in the second year.

 

EFFECTIVE DATE.  This section is effective July 1, 2021.

 

ARTICLE 4

CHARTER SCHOOLS

 

Section 1.  Minnesota Statutes 2020, section 124E.03, is amended by adding a subdivision to read:

 

Subd. 9.  Corporal punishment.  A charter school is subject to and must comply with section 121A.58 as though it were a district.

 

Sec. 2.  Minnesota Statutes 2020, section 124E.05, subdivision 6, is amended to read:

 

Subd. 6.  Corrective action.  (a) If, consistent with this chapter, the commissioner finds that an authorizer has not met the requirements of this chapter, the commissioner may subject the authorizer to a corrective action plan, which may include terminating the contract with the charter school board of directors of a school it chartered.  last no longer than 130 business days.  The commissioner may prohibit an authorizer on a corrective plan from accepting a transfer application from a charter school and an application to establish a charter school.

 

(b) The commissioner must notify the authorizer in writing of that the authorizer has been placed on a corrective plan.  The notice must include any findings that may subject the authorizer to corrective action at the conclusion of the corrective plan and the authorizer then has 15 business days to request an informal hearing before the commissioner takes corrective action.  The commissioner must hold an informal hearing within 15 business days of the request.  If the issues identified as the basis for the corrective action are not resolved at the informal hearing, the authorizer must make the requested improvements and notify the commissioner of the improvements within 45 business days.  Within 20 business days, the commissioner must review the changes and notify the authorizer of any remaining issues to be resolved.  An authorizer must address the remaining issues as directed by the commissioner within 20 business days.  Within 15 business days, the commissioner must review the changes and notify the authorizer whether all issues in the corrective plan have been resolved.

 

(c) If the commissioner terminates a contract between an authorizer and a charter school under this paragraph the authorizer's ability to charter a school, the commissioner may must assist the affected charter school in acquiring a new authorizer.  A charter school board of directors may submit to the commissioner a request to transfer to a new authorizer without the approval or consent of the current authorizer if that authorizer has been under a corrective action plan for more than 130 business days.

 

(b) (d) The commissioner may at any time take corrective action against an authorizer, including terminating an authorizer's ability to charter a school, terminating a contract with a charter school, and other appropriate sanctions for:

 

(1) failing to demonstrate the criteria under subdivision 3 under which the commissioner approved the authorizer;

 

(2) violating a term of the chartering contract between the authorizer and the charter school board of directors;

 

(3) unsatisfactory performance as an approved authorizer; or


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(4) any good cause shown that gives the commissioner a legally sufficient reason to take corrective action against an authorizer.; or

 

(5) failing to meet the terms of a corrective action plan by the specified deadline.

 

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

 

ARTICLE 5

SPECIAL EDUCATION

 

Section 1.  SPECIAL EDUCATION RECOVERY SERVICES AND SUPPORTS.

 

Subdivision 1.  Special education recovery.  The commissioner of education, school districts, and charter schools must collaborate with families of students with disabilities as provided in this section to address the impact of disruptions to in-person instruction on students' access to a free appropriate public education related to the COVID-19 pandemic.

 

Subd. 2.  Special education services and supports.  (a) A school district or charter school that serves one or more students with disabilities must invite the parents of a student with a disability to a meeting of each individualized education program (IEP) team as soon as practicable but no later than December 1, 2021, to determine whether special education services and supports are necessary to address lack of progress on IEP goals or in the general education curriculum or loss of learning or skills due to disruptions related to the COVID-19 pandemic.  The services and supports may include but are not limited to extended school year services, additional IEP services, compensatory services, or other appropriate services.  This meeting may occur in an annual or other regularly scheduled IEP meeting.  If the IEP team determines that the services and supports are necessary, the team shall determine what services and supports are appropriate for the student and when and how those services should be provided, in accordance with relevant guidance from the Minnesota Department of Education and the United States Department of Education.  The services and supports must be included in the IEP of the student.  A district or charter school must report to the commissioner, in the form and manner determined by the commissioner, the services and supports provided to students with disabilities under this section, including the cost of providing the services.

 

(b) In determining whether a student is eligible for services and supports described in paragraph (a), and what services and supports are appropriate for the student, the IEP team must consider, in conjunction with any other considerations advised by guidance from the Minnesota Department of Education or the United States Department of Education:

 

(1) services and supports provided to the student before the disruptions to in-person instruction related to the COVID-19 pandemic;

 

(2) the ability of the student to access services and supports;

 

(3) the student's progress toward IEP goals, including the goals in the IEP in effect before disruptions to in‑person instruction related to the COVID-19 pandemic, and progress in the general education curriculum;

 

(4) the student's regression or lost skills resulting from disruptions to instruction;

 

(5) other significant influences on the student's ability to participate in and benefit from instruction related to the COVID-19 pandemic, including family loss, changed family circumstances, other trauma, and illness; and


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(6) the types of services and supports that would benefit the student and improve the student's ability to benefit from school, including academic supports, behavioral supports, mental health supports, related services, and other services and supports.

 

(c) When considering how and when the services and supports described in paragraph (a) should be provided, the IEP team must take into account the timing and delivery method most appropriate for the student, such as time of day, day of the week, or time of year, and the availability of other services accessible to the student to address learning loss.  The IEP team may determine that providers in addition to school district or charter school staff are most appropriate to provide the services and supports described in paragraph (a).

 

(d) A school district or charter school must make available the services and supports included in an IEP, as described in paragraph (a), until the IEP team determines that services and supports are no longer necessary to address lack of progress on IEP goals or in the general education curriculum or loss of learning or skills due to disruptions related to the COVID-19 pandemic.

 

(e) A school district providing special education services on a shared time basis to a student enrolled in a nonpublic school must offer the student special education services and supports in accordance with this section.

 

(f) The commissioner may identify school district, charter school, and cooperative unit pandemic-related expenses incurred under this section, and if the commissioner determines the costs are eligible for funding using the additional funds set aside under the American Rescue Plan Act, section 2014, for the Individuals with Disabilities Education Act, the commissioner may allocate the federal funds for 100 percent of the costs of the services provided under this section and exclude these expenses from state special education aid under Minnesota Statutes, sections 125A.76 and 125A.79.

 

Sec. 2.  REPORT ON BEHAVIORAL HEALTH SERVICES REIMBURSEMENT.

 

The commissioners of education and human services shall consult with stakeholders to identify strategies to streamline access and reimbursement for behavioral health services for children with an individualized education program or an individualized family service plan who are enrolled in medical assistance and, whenever possible, avoid duplication of services and procedures.  The commissioners shall identify strategies to reduce administrative burden for schools while ensuring continuity of care for student's accessing services when not in school and shall review models in other states.  The commissioners shall provide an update, including any recommendations for statutory changes, to the chairs and ranking minority members of the committees with jurisdiction over kindergarten through grade 12 education and human services by November 1, 2021.

 

Sec. 3.  APPROPRIATIONS.

 

Subdivision 1.  Department of Education.  The sums indicated in this section are appropriated from the general fund to the Department of Education for the fiscal years designated.

 

Subd. 2.  Special education; regular.  For special education aid under Minnesota Statutes, section 125A.75:

 

 

 

                $1,822,998,000

                                . . . . .

                                2022

 

 

$1,945,533,000

. . . . .

2023

 

The 2022 appropriation includes $215,125,000 for 2021 and $1,607,873,000 for 2022.

 

The 2023 appropriation includes $226,342,000 for 2022 and $1,719,191,000 for 2023.


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Subd. 3.  Aid for children with disabilities.  For aid under Minnesota Statutes, section 125A.75, subdivision 3, for children with disabilities placed in residential facilities within the district boundaries for whom no district of residence can be determined:

 

 

 

                                $1,818,000

                                . . . . .

                                2022

 

 

$2,010,000

. . . . .

2023

 

If the appropriation for either year is insufficient, the appropriation for the other year is available.

 

Subd. 4.  Travel for home-based services.  For aid for teacher travel for home-based services under Minnesota Statutes, section 125A.75, subdivision 1:

 

 

 

                                $465,000

                                . . . . .

                                2022

 

 

$512,000

. . . . .

2023

 

The 2022 appropriation includes $23,000 for 2021 and $442,000 for 2022.

 

The 2023 appropriation includes $49,000 for 2022 and $463,000 for 2023.

 

Subd. 5.  Court-placed special education revenue.  For reimbursing serving school districts for unreimbursed eligible expenditures attributable to children placed in the serving school district by court action under Minnesota Statutes, section 125A.79, subdivision 4:

 

 

 

                                $24,000

                                . . . . .

                2022

 

 

$25,000

. . . . .

2023

 

 

Subd. 6.  Special education out-of-state tuition.  For special education out-of-state tuition under Minnesota Statutes, section 125A.79, subdivision 8:

 

 

 

                                $250,000

                                . . . . .

                2022

 

 

$250,000

. . . . .

2023

 

 

Subd. 7.  Onetime special education cross subsidy aid.  (a) For onetime special education cross subsidy aid:

 

 

 

                                $10,425,000

                                . . . . .

                                2022

 

(b) The onetime special education cross subsidy aid for each school district equals the ratio of the school district's initial special education cross subsidy in fiscal year 2021, as defined in Minnesota Statutes, section 125A.76, subdivision 1, to the total initial special education cross subsidy in fiscal year 2021 for all districts.

 

ARTICLE 6

HEALTH AND SAFETY

 

Section 1.  Minnesota Statutes 2020, section 120B.21, is amended to read:

 

120B.21 MENTAL HEALTH EDUCATION.

 

School districts and charter schools are encouraged to provide mental health instruction for students in grades 4 through 12 aligned with local health standards and integrated into existing programs, curriculum, or the general school environment of a district or charter school.  The commissioner, in consultation with the commissioner of


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human services, commissioner of health, and mental health organizations, must, by July 1, 2020, and July 1 of each even-numbered year thereafter, provide districts and charter schools with resources gathered by Minnesota mental health advocates, including:

 

(1) age-appropriate model learning activities for grades 4 through 12 that encompass the mental health components of the National Health Education Standards and the benchmarks developed by the department's quality teaching network in health and best practices in mental health education; and

 

(2) a directory of resources for planning and implementing age-appropriate mental health curriculum and instruction in grades 4 through 12 that includes resources on suicide and self-harm prevention.  A district or charter school providing instruction or presentations on preventing suicide or self-harm must use either the resources provided by the commissioner or other evidence-based instruction.

 

Sec. 2.  [121A.24] SEIZURE TRAINING AND ACTION PLAN.

 

Subdivision 1.  Seizure action plan.  (a) For purposes of this section, "seizure action plan" means a written individualized health plan designed to acknowledge and prepare for the health care needs of a student with a seizure disorder diagnosed by the student's treating licensed health care provider.

 

(b) The requirements of this subdivision apply to a school district or charter school where an enrolled student's parent or guardian has notified the school district or charter school that the student has a diagnosed seizure disorder and has seizure rescue medication or medication prescribed by the student's licensed health care provider to treat seizure disorder symptoms approved by the United States Food and Drug Administration.  The parent or guardian of a student with a diagnosed seizure disorder must collaborate with school personnel to implement the seizure action plan.

 

(c) A seizure action plan must:

 

(1) identify a school nurse or a designated individual at each school site who is on duty during the regular school day and can administer or assist with the administration of seizure rescue medication or medication prescribed to treat seizure disorder symptoms approved by the United States Food and Drug Administration;

 

(2) require training on seizure medications for an employee identified under clause (1), recognition of signs and symptoms of seizures, and appropriate steps to respond to seizures;

 

(3) be provided to the person identified under clause (1); and

 

(4) be filed in the office of the school principal or licensed school nurse or, in the absence of a licensed school nurse, a professional nurse or designated individual.

 

(d) A school district or charter school employee or volunteer responsible for the supervision or care of a student with a diagnosed seizure disorder must be given notice and a copy of the seizure action plan, the name or position of the employee identified under paragraph (c), clause (1), and the method by which the trained school employee may be contacted in an emergency.

 

Subd. 2.  Training requirements.  A school district or charter school must provide all licensed school nurses or, in the absence of a licensed school nurse, a professional nurse or designated individual, and other school staff working with students with self-study materials on seizure disorder signs, symptoms, medications, and appropriate responses.

 

EFFECTIVE DATE.  This section is effective for the 2022-2023 school year and later.

 


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Sec. 3.  APPROPRIATIONS.

 

Subdivision 1.  Department of Education.  The sums indicated in this section are appropriated from the general fund to the Department of Education in the fiscal years designated.

 

Subd. 2.  Suicide prevention training for teachers.  (a) For transfer to the commissioner of health for a grant to a nationally recognized provider of evidence-based online training on suicide prevention and engagement of students experiencing mental distress:

 

 

 

                                $265,000

                                . . . . .

                                2022

 

(b) Training funded by the grant must be accessible to teachers in every school district, charter school, intermediate school district, service cooperative, and Tribal school in Minnesota.

 

(c) The grant recipient must report to the commissioner of health the number of teachers completing the online training, average length of time to complete training, and length of average stay using the online training.  The commissioner must survey online training users to determine their perception of the online training.  By January 8, 2023, the commissioner must report the grant recipient's information and the survey results to the chairs and ranking minority members of the legislative committees with jurisdiction over kindergarten through grade 12 education and suicide prevention.

 

(d) This is a onetime appropriation and is available until June 30, 2023.

 

ARTICLE 7

FACILITIES

 

Section 1.  [121A.336] NOTIFICATION OF ENVIRONMENTAL HAZARDS.

 

Upon notification by the Department of Health or Pollution Control Agency to a school district, charter school, or nonpublic school of environmental hazards that may affect the health of students or school staff, the school must notify school staff, students, and parents of the hazards as soon as practicable.  The notice must include direction on how to obtain additional information about the hazard, including any actions that may reduce potential harm to those affected by the hazard.

 

Sec. 2.  APPROPRIATIONS.

 

Subdivision 1.  Department of Education.  The sums indicated in this section are appropriated from the general fund to the Department of Education for the fiscal years designated.

 

Subd. 2.  Debt service equalization aid.  For debt service equalization aid under Minnesota Statutes, section 123B.53, subdivision 6:

 

 

 

                                $25,001,000

                                . . . . .

                                2022

 

 

$24,286,000

. . . . .

2023

 

The 2022 appropriation includes $2,588,000 for 2021 and $22,413,000 for 2022.

 

The 2023 appropriation includes $2,490,000 for 2022 and $21,796,000 for 2023.


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Subd. 3.  Long-term facilities maintenance equalized aid.  For long-term facilities maintenance equalized aid under Minnesota Statutes, section 123B.595, subdivision 9:

 

 

 

                                $108,582,000

                                . . . . .

                                2022

 

 

$111,077,000

. . . . .

2023

 

The 2022 appropriation includes $10,660,000 for 2021 and $97,922,000 for 2022.

 

The 2023 appropriation includes $10,880,000 for 2022 and $100,197,000 for 2023.

 

Subd. 4.  Equity in telecommunications access.  (a) For equity in telecommunications access:

 

 

 

                                $3,750,000

                                . . . . .

                                2022

 

 

$3,750,000

. . . . .

2023

 

(b) If the appropriation amount is insufficient, the commissioner shall reduce the reimbursement rate in Minnesota Statutes, section 125B.26, subdivisions 4 and 5, and the revenue for fiscal years 2022 and 2023 shall be prorated.

 

(c) Any balance in the first year does not cancel but is available in the second year.

 

Subd. 5.  Maximum effort loan aid.  For aid payments to schools under Minnesota Statutes, section 477A.09.

 

 

 

                                $3,288,000

                                . . . . .

                                2022

 

 

$0

. . . . .

2023

 

The base for fiscal year 2024 is $0.

 

ARTICLE 8

NUTRITION AND LIBRARIES

 

Section 1.  Minnesota Statutes 2020, section 124D.111, is amended to read:

 

124D.111 SCHOOL MEALS POLICIES; LUNCH AID; FOOD SERVICE ACCOUNTING.

 

Subdivision 1.  School lunch aid computation meals policies.  (a) Each Minnesota participant in the national school lunch program must adopt and post to its website, or the website of the organization where the meal is served, a school meals policy.

 

(b) The policy must be in writing and clearly communicate student meal charges when payment cannot be collected at the point of service.  The policy must be reasonable and well-defined and maintain the dignity of students by prohibiting lunch shaming or otherwise ostracizing the student.

 

(c) The policy must address whether the participant uses a collections agency to collect unpaid school meals debt.

 

(d) The policy must ensure that once a participant has placed a meal on a tray or otherwise served the meal to a student, the meal may not be subsequently withdrawn from the student by the cashier or other school official, whether or not the student has an outstanding meals balance.


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(e) The policy must ensure that a student who has been determined eligible for free and reduced-price lunch must always be served a reimbursable meal even if the student has an outstanding debt.

 

(f) If a school contracts with a third party for its meal services, it must provide the vendor with its school meals policy.  Any contract between the school and a third-party provider entered into or modified after July 1, 2021, must ensure that the third-party provider adheres to the participant's school meals policy.

 

Subd. 1a.  School lunch aid amounts.  Each school year, the state must pay participants in the national school lunch program the amount of 12.5 cents for each full paid and free student lunch and 52.5 cents for each reduced‑price lunch served to students.

 

Subd. 2.  Application.  A school district, charter school, nonpublic school, or other participant in the national school lunch program shall apply to the department for this payment on forms provided by the department.

 

Subd. 2a.  Federal child and adult care food program; criteria and notice.  The commissioner must post on the department's website eligibility criteria and application information for nonprofit organizations interested in applying to the commissioner for approval as a multisite sponsoring organization under the federal child and adult care food program.  The posted criteria and information must inform interested nonprofit organizations about:

 

(1) the criteria the commissioner uses to approve or disapprove an application, including how an applicant demonstrates financial viability for the Minnesota program, among other criteria;

 

(2) the commissioner's process and time line for notifying an applicant when its application is approved or disapproved and, if the application is disapproved, the explanation the commissioner provides to the applicant; and

 

(3) any appeal or other recourse available to a disapproved applicant.

 

Subd. 3.  School food service fund.  (a) The expenses described in this subdivision must be recorded as provided in this subdivision.

 

(b) In each district, the expenses for a school food service program for pupils must be attributed to a school food service fund.  Under a food service program, the school food service may prepare or serve milk, meals, or snacks in connection with school or community service activities.

 

(c) Revenues and expenditures for food service activities must be recorded in the food service fund.  The costs of processing applications, accounting for meals, preparing and serving food, providing kitchen custodial services, and other expenses involving the preparing of meals or the kitchen section of the lunchroom may be charged to the food service fund or to the general fund of the district.  The costs of lunchroom supervision, lunchroom custodial services, lunchroom utilities, and other administrative costs of the food service program must be charged to the general fund.

 

That portion of superintendent and fiscal manager costs that can be documented as attributable to the food service program may be charged to the food service fund provided that the school district does not employ or contract with a food service director or other individual who manages the food service program, or food service management company.  If the cost of the superintendent or fiscal manager is charged to the food service fund, the charge must be at a wage rate not to exceed the statewide average for food service directors as determined by the department.

 

(d) Capital expenditures for the purchase of food service equipment must be made from the general fund and not the food service fund, unless the restricted balance in the food service fund at the end of the last fiscal year is greater than the cost of the equipment to be purchased.


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(e) If the condition set out in paragraph (d) applies, the equipment may be purchased from the food service fund.

 

(f) If a deficit in the food service fund exists at the end of a fiscal year, and the deficit is not eliminated by revenues from food service operations in the next fiscal year, then the deficit must be eliminated by a permanent fund transfer from the general fund at the end of that second fiscal year.  However, if a district contracts with a food service management company during the period in which the deficit has accrued, the deficit must be eliminated by a payment from the food service management company.

 

(g) Notwithstanding paragraph (f), a district may incur a deficit in the food service fund for up to three years without making the permanent transfer if the district submits to the commissioner by January 1 of the second fiscal year a plan for eliminating that deficit at the end of the third fiscal year.

 

(h) If a surplus in the food service fund exists at the end of a fiscal year for three successive years, a district may recode for that fiscal year the costs of lunchroom supervision, lunchroom custodial services, lunchroom utilities, and other administrative costs of the food service program charged to the general fund according to paragraph (c) and charge those costs to the food service fund in a total amount not to exceed the amount of surplus in the food service fund.

 

Subd. 4.  No fees.  A participant that receives school lunch aid under this section must make lunch available without charge and must not deny a school lunch to all participating students who qualify for free or reduced-price meals, whether or not that student has an outstanding balance in the student's meals account attributable to a la carte purchases or for any other reason. 

 

Subd. 5.  Respectful treatment.  (a) The participant must also provide meals to students in a respectful manner according to the policy adopted under subdivision 1.  The participant must ensure that any reminders for payment of outstanding student meal balances do not demean or stigmatize any child participating in the school lunch program., including but not limited to dumping meals, withdrawing a meal that has been served, announcing or listing students' names publicly, or affixing stickers, stamps, or pins.  The participant must not impose any other restriction prohibited under section 123B.37 due to unpaid student meal balances.  The participant must not limit a student's participation in any school activities, graduation ceremonies, field trips, athletics, activity clubs, or other extracurricular activities or access to materials, technology, or other items provided to students due to an unpaid student meal balance.

 

(b) If the commissioner or the commissioner's designee determines a participant has violated the requirement to provide meals to participating students in a respectful manner, the commissioner or the commissioner's designee must send a letter of noncompliance to the participant.  The participant is required to respond and, if applicable, remedy the practice within 60 days.

 

Sec. 2.  SCHOOL NUTRITION FORMULAS ADJUSTED.

 

(a) Notwithstanding any law to the contrary, for school meals served during the 2020-2021 school year, the commissioner of education may adjust the appropriations under Laws 2020, chapter 116, article 6, sections 20, 21, and 22, as amended by this act, as specified in paragraph (b).

 

(b) On June 30, 2021, the commissioner must subtract the amount actually paid to participants for the 2020-2021 school year under Laws 2020, chapter 116, article 6, sections 20, 21, and 22, as amended by this act, from the total appropriations for each program.  The commissioner must then allocate the remaining funds under each appropriation to participants in the summer food service program on a per meal basis for meals served during the 2020-2021 school year.

 

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


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Sec. 3.  APPROPRIATIONS.

 

Subdivision 1.  Department of Education.  The sums indicated in this section are appropriated from the general fund to the Department of Education for the fiscal years designated.  Any balance in the first year does not cancel but is available in the second year.

 

Subd. 2.  School lunch.  For school lunch aid under Minnesota Statutes, section 124D.111, and Code of Federal Regulations, title 7, section 210.17:

 

 

 

                                $16,661,000

                                . . . . .

                                2022

 

 

$16,954,000

. . . . .

2023

 

 

Subd. 3.  School breakfast.  For traditional school breakfast aid under Minnesota Statutes, section 124D.1158:

 

 

 

                                $11,848,000

                                . . . . .

                                2022

 

 

$12,200,000

. . . . .

2023

 

 

Subd. 4.  Kindergarten milk.  For kindergarten milk aid under Minnesota Statutes, section 124D.118:

 

 

 

                                $656,000

                                . . . . .

2022

 

 

$658,000

. . . . .

2023

 

 

Subd. 5.  Summer school food service replacement.  For summer school food service replacement aid under Minnesota Statutes, section 124D.119:

 

 

 

                                $150,000

                                . . . . .

                                2022

 

 

$150,000

. . . . .

2023

 

 

Subd. 6.  Basic system support.  For basic system support aid under Minnesota Statutes, section 134.355:

 

 

 

                                $13,570,000

                . . . . .

                                2022

 

 

$13,570,000

. . . . .

2023

 

The 2022 appropriation includes $1,357,000 for 2021 and $12,213,000 for 2022.

 

The 2023 appropriation includes $1,357,000 for 2022 and $12,213,000 for 2023.

 

Subd. 7.  Multicounty, multitype library systems.  For aid under Minnesota Statutes, sections 134.353 and 134.354, to multicounty, multitype library systems:

 

 

 

                                $1,300,000

                . . . . .

                                2022

 

 

$1,300,000

. . . . .

2023

 

The 2022 appropriation includes $130,000 for 2021 and $1,170,000 for 2022.

 

The 2023 appropriation includes $130,000 for 2022 and $1,170,000 for 2023.


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Subd. 8.  Electronic library for Minnesota.  For statewide licenses to online databases selected in cooperation with the Minnesota Office of Higher Education for school media centers, public libraries, state government agency libraries, and public or private college or university libraries:

 

 

 

                                $900,000

                . . . . .

                                2022

 

 

$900,000

. . . . .

2023

 

 

Subd. 9.  Regional library telecommunications.  For regional library telecommunications aid under Minnesota Statutes, section 134.355:

 

 

 

                                $2,300,000

                . . . . .

                                2022

 

 

$2,300,000

. . . . .

2023

 

The 2022 appropriation includes $230,000 for 2021 and $2,070,000 for 2022.

 

The 2023 appropriation includes $230,000 for 2022 and $2,070,000 for 2023.

 

ARTICLE 9

EARLY EDUCATION

 

Section 1.  Minnesota Statutes 2020, section 124D.151, subdivision 6, is amended to read:

 

Subd. 6.  Participation limits.  (a) Notwithstanding section 126C.05, subdivision 1, paragraph (d), the pupil units for a voluntary prekindergarten program for an eligible school district or charter school must not exceed 60 percent of the kindergarten pupil units for that school district or charter school under section 126C.05, subdivision 1, paragraph (e).

 

(b) In reviewing applications under subdivision 5, the commissioner must limit the total number of participants in the voluntary prekindergarten and school readiness plus programs under Laws 2017, First Special Session chapter 5, article 8, section 9, to not more than 7,160 participants for fiscal years 2019, 2020, and 2021, 2022, and 2023, and 3,160 participants for fiscal years 2022 2024 and later.

 

Sec. 2.  [124D.166] LIMIT ON SCREEN TIME FOR CHILDREN IN PRESCHOOL AND KINDERGARTEN.

 

A child in a publicly funded preschool or kindergarten program may not use an individual-use screen, such as a tablet, smartphone, or other digital media, without engagement from a teacher or other students.  This section does not apply to a child for whom the school has an individualized family service plan, an individualized education program, or a 504 plan in effect.

 

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

 

Sec. 3.  Minnesota Statutes 2020, section 126C.10, subdivision 2d, is amended to read:

 

Subd. 2d.  Declining enrollment revenue.  (a) A school district's declining enrollment revenue equals the greater of zero or the product of:  (1) 28 percent of the formula allowance for that year and (2) the difference between the adjusted pupil units for the preceding year and the adjusted pupil units for the current year.


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(b) Notwithstanding paragraph (a), for fiscal year 2022 2024 only, prekindergarten pupil units under section 126C.05, subdivision 1, paragraph (d), must be excluded from the calculation of declining enrollment revenue.

 

EFFECTIVE DATE.  This section is effective for revenue for fiscal year 2022 and later.

 

Sec. 4.  APPROPRIATIONS.

 

Subdivision 1.  Department of Education.  The sums indicated in this section are appropriated from the general fund to the Department of Education for the fiscal years designated.

 

Subd. 2.  School readiness.  (a) For revenue for school readiness programs under Minnesota Statutes, sections 124D.15 and 124D.16:

 

 

 

                                $33,683,000

                                . . . . .

                                2022

 

 

$33,683,000

. . . . .

2023

 

(b) The 2022 appropriation includes $3,368,000 for 2021 and $30,315,000 for 2022.

 

(c) The 2023 appropriation includes $3,368,000 for 2022 and $30,315,000 for 2023.

 

Subd. 3.  Early learning scholarships.  (a) For the early learning scholarship program under Minnesota Statutes, section 124D.165:

 

 

 

                                $70,709,000

                                . . . . .

                                2022

 

 

$70,709,000

. . . . .

2023

 

(b) This appropriation is subject to the requirements under Minnesota Statutes, section 124D.165, subdivision 6.

 

Subd. 4.  Head Start program.  For Head Start programs under Minnesota Statutes, section 119A.52:

 

 

 

                                $25,100,000

                                . . . . .

                                2022

 

 

$25,100,000

. . . . .

2023

 

 

Subd. 5.  Early childhood family education aid.  (a) For early childhood family education aid under Minnesota Statutes, section 124D.135:

 

 

 

                                $35,003,000

                                . . . . .

                                2022

 

 

$36,478,000

. . . . .

2023

 

(b) The 2022 appropriation includes $3,341,000 for 2021 and $31,662,000 for 2022.

 

(c) The 2023 appropriation includes $3,518,000 for 2022 and $32,960,000 for 2023.

 

Subd. 6.  Developmental screening aid.  (a) For developmental screening aid under Minnesota Statutes, sections 121A.17 and 121A.19:

 

 

 

                                $3,582,000

                                . . . . .

                                2022

 

 

$3,476,000

. . . . .

2023

 

(b) The 2022 appropriation includes $360,000 for 2021 and $3,222,000 for 2022.

 

(c) The 2023 appropriation includes $357,000 for 2022 and $3,119,000 for 2023.


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Subd. 7.  ParentChild+ program.  For a grant to the ParentChild+ program:

 

 

 

                                $900,000

                                . . . . .

                                2022

 

 

$900,000

. . . . .

2023

 

The grant must be used for an evidence-based and research-validated early childhood literacy and school readiness program for children ages 16 months to four years at its existing suburban program location.  The program must include urban and rural program locations for fiscal years 2022 and 2023.

 

Subd. 8.  Kindergarten entrance assessment initiative and intervention program.  For the kindergarten entrance assessment initiative and intervention program under Minnesota Statutes, section 124D.162:

 

 

 

                                $281,000

                                . . . . .

                                2022

 

 

$281,000

. . . . .

2023

 

 

Subd. 9.  Quality rating and improvement system.  (a) For transfer to the commissioner of human services for the purposes of expanding the quality rating and improvement system under Minnesota Statutes, section 124D.142, in greater Minnesota and increasing supports for providers participating in the quality rating and improvement system:

 

 

 

                $1,750,000

                                . . . . .

                                2022

 

 

$1,750,000

. . . . .

2023

 

(b) The amounts in paragraph (a) must be in addition to any federal funding under the child care and development block grant authorized under Public Law 101-508 in that year for the system under Minnesota Statutes, section 124D.142.

 

(c) Any balance in the first year does not cancel but is available in the second year.

 

Subd. 10.  Early childhood programs at tribal contract schools.  For early childhood family education programs at tribal contract schools under Minnesota Statutes, section 124D.83, subdivision 4:

 

 

 

                                $68,000

                                . . . . .

                                2022

 

 

$68,000

. . . . .

2023

 

 

Subd. 11.  Educate parents partnership.  For the educate parents partnership under Minnesota Statutes, section 124D.129:

 

 

 

                                $49,000

                                . . . . .

                                2022

 

 

$49,000

. . . . .

2023

 

 

Subd. 12.  Home visiting aid.  (a) For home visiting aid under Minnesota Statutes, section 124D.135:

 

 

 

                                $462,000

                                . . . . .

                                2022

 

 

$444,000

. . . . .

2023

 

(b) The 2022 appropriation includes $47,000 for 2021 and $415,000 for 2022.

 

(c) The 2023 appropriation includes $46,000 for 2022 and $398,000 for 2023.


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ARTICLE 10

COMMUNITY EDUCATION AND LIFELONG LEARNING

 

Section 1.  APPROPRIATIONS.

 

Subdivision 1.  Department of Education.  The sums indicated in this section are appropriated from the general fund to the Department of Education for the fiscal years designated.  Any balances in the first year do not cancel but are available in the second year.

 

Subd. 2.  Community education aid.  For community education aid under Minnesota Statutes, section 124D.20:

 

 

 

                                $180,000

                                . . . . .

                                2022

 

 

$155,000

. . . . .

2023

 

The 2022 appropriation includes $22,000 for 2021 and $158,000 for 2022.

 

The 2023 appropriation includes $17,000 for 2022 and $138,000 for 2023.

 

Subd. 3.  Adults with disabilities program aid.  For adults with disabilities programs under Minnesota Statutes, section 124D.56:

 

 

 

                                $710,000

                                . . . . .

                                2022

 

 

$710,000

. . . . .

2023

 

The 2022 appropriation includes $71,000 for 2021 and $639,000 for 2022.

 

The 2023 appropriation includes $71,000 for 2022 and $639,000 for 2023.

 

Subd. 4.  Hearing-impaired adults.  For programs for hearing-impaired adults under Minnesota Statutes, section 124D.57:

 

 

 

                                $70,000

                                . . . . .

                                2022

 

 

$70,000

. . . . .

2023

 

 

Subd. 5.  School-age care aid.  For school-age care aid under Minnesota Statutes, section 124D.22:

 

 

 

                                $1,000

                                . . . . .

                                2022

 

 

$1,000

. . . . .

2023

 

The 2022 appropriation includes $0 for 2021 and $1,000 for 2022.

 

The 2023 appropriation includes $0 for 2022 and $1,000 for 2023.

 

Subd. 6.  Tier 1 grants.  (a) For education partnership program Tier 1 sustaining grants under Minnesota Statutes, section 124D.99:

 

 

 

                $2,600,000

                                . . . . .

                                2022

 

 

$2,600,000

. . . . .

2023

 

(b) Of the amounts in paragraph (a), $1,300,000 each year is for the Northside Achievement Zone and $1,300,000 each year is for the St. Paul Promise Neighborhood.


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(c) Any balance in the first year does not cancel but is available in the second year.

 

Subd. 7.  Tier 2 implementing grants.  For Tier 2 implementing grants under Minnesota Statutes, section 124D.99:

 

 

 

                                $480,000

                                . . . . .

                                2022

 

 

$480,000

. . . . .

2023

 

 

Subd. 8.  Adult basic education aid.  For adult basic education aid under Minnesota Statutes, section 124D.531:

 

 

 

                                $53,191,000

                . . . . .

                                2022

 

 

$54,768,000

. . . . .

2023

 

The 2022 appropriation includes $5,177,000 for 2021 and $48,014,000 for 2022.

 

The 2023 appropriation includes $5,334,000 for 2022 and $49,434,000 for 2023.

 

Subd. 9.  High school equivalency tests.  For payment of the costs of the commissioner-selected high school equivalency tests under Minnesota Statutes, section 124D.55:

 

 

 

                                $125,000

                                . . . . .

                                2022

 

 

$125,000

. . . . .

2023

 

 

ARTICLE 11

STATE AGENCIES

 

Section 1.  [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 education program 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, 2022.

 

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 education program and grant funds.  To the extent practicable, the goals must be aligned to the state of Minnesota'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.


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Subd. 5.  Grant defined.  For purposes of this section, "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, 2022.

 

Sec. 2.  Minnesota Statutes 2020, section 609A.03, subdivision 7a, is amended to read:

 

Subd. 7a.  Limitations of order effective January 1, 2015, and later.  (a) Upon issuance of an expungement order related to a charge supported by probable cause, the DNA samples and DNA records held by the Bureau of Criminal Apprehension and collected under authority other than section 299C.105 shall not be sealed, returned to the subject of the record, or destroyed.

 

(b) Notwithstanding the issuance of an expungement order:

 

(1) except as provided in clause (2), an expunged record may be opened, used, or exchanged between criminal justice agencies without a court order for the purposes of initiating, furthering, or completing a criminal investigation or prosecution or for sentencing purposes or providing probation or other correctional services;

 

(2) when a criminal justice agency seeks access to a record that was sealed under section 609A.02, subdivision 3, paragraph (a), clause (1), after an acquittal or a court order dismissing for lack of probable cause, for purposes of a criminal investigation, prosecution, or sentencing, the requesting agency must obtain an ex parte court order after stating a good-faith basis to believe that opening the record may lead to relevant information;

 

(3) an expunged record of a conviction may be opened for purposes of evaluating a prospective employee in a criminal justice agency without a court order;

 

(4) an expunged record of a conviction may be opened for purposes of a background study under section 245C.08 unless the commissioner had been properly served with notice of the petition for expungement and the court order for expungement is directed specifically to the commissioner of human services;

 

(5) an expunged record of a conviction may be opened for purposes of a background check required under section 122A.18, subdivision 8, unless the court order for expungement is directed specifically to the Professional Educator Licensing and Standards Board or the licensing division of the Department of Education; and

 

(6) the court may order an expunged record opened upon request by the victim of the underlying offense if the court determines that the record is substantially related to a matter for which the victim is before the court.

 

(c) An agency or jurisdiction subject to an expungement order shall maintain the record in a manner that provides access to the record by a criminal justice agency under paragraph (b), clause (1) or (2), but notifies the recipient that the record has been sealed.  The Bureau of Criminal Apprehension shall notify the commissioner of human services, or the Professional Educator Licensing and Standards Board, or the licensing division of the Department of Education of the existence of a sealed record and of the right to obtain access under paragraph (b), clause (4) or (5).  Upon request, the agency or jurisdiction subject to the expungement order shall provide access to the record to the commissioner of human services, or the Professional Educator Licensing and Standards Board, or the licensing division of the Department of Education under paragraph (b), clause (4) or (5).

 

(d) An expunged record that is opened or exchanged under this subdivision remains subject to the expungement order in the hands of the person receiving the record.

 

(e) A criminal justice agency that receives an expunged record under paragraph (b), clause (1) or (2), must maintain and store the record in a manner that restricts the use of the record to the investigation, prosecution, or sentencing for which it was obtained.


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(f) For purposes of this section, a "criminal justice agency" means a court or government agency that performs the administration of criminal justice under statutory authority.

 

(g) This subdivision applies to expungement orders subject to its limitations and effective on or after January 1, 2015.

 

Sec. 3.  Laws 2019, First Special Session chapter 11, article 10, section 5, subdivision 2, as amended by Laws 2020, chapter 116, article 5, section 4, is amended to read:

 

Subd. 2.  Department.  (a) For the Department of Education:

 

 

 

                                $29,196,000

                                . . . . .

                                2020

 

 

$24,911,000

. . . . .

2021

 

Of these amounts:

 

(1) $319,000 each year is for the Board of School Administrators;

 

(2) $1,000,000 each year is for regional centers of excellence under Minnesota Statutes, section 120B.115;

 

(3) $250,000 each year is for the School Finance Division to enhance financial data analysis;

 

(4) $720,000 each year is for implementing Minnesota's Learning for English Academic Proficiency and Success Act under Laws 2014, chapter 272, article 1, as amended;

 

(5) $123,000 each year is for a dyslexia specialist;

 

(6) $4,700,000 in fiscal year 2020 only is for legal fees and costs associated with litigation; and

 

(7) $400,000 in fiscal year 2020 and $480,000 in fiscal year 2021 and later are for the Department of Education's mainframe update.

 

(b) None of the amounts appropriated under this subdivision may be used for Minnesota's Washington, D.  C.  office.

 

(c) The expenditures of federal grants and aids as shown in the biennial budget document and its supplements are approved and appropriated and shall be spent as indicated.

 

(d) This appropriation includes funds for information technology project services and support subject to the provisions of Minnesota Statutes, section 16E.0466 16E.21.  Any ongoing information technology costs will be incorporated into the service level agreement and will be paid to the Office of MN.IT Services by the Department of Education under the rates and mechanism specified in that agreement.

 

(e) To account for the base adjustments provided in Laws 2018, chapter 211, article 21, section 1, paragraph (a), and section 3, paragraph (a), the base for fiscal year 2022 is $24,591,000.  The base for fiscal year 2023 is $24,611,000.  The base for fiscal year 2024 is $24,629,000.

 

(f) On the effective date of this act, $2,000,000 from the fiscal year 2020 appropriation for legal fees and costs associated with litigation is canceled to the general fund.


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(g) On the effective date of this act, $1,252,000 from the fiscal year 2021 appropriation for agency operations is canceled to the general fund.

 

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

 

Sec. 4.  APPROPRIATIONS; DEPARTMENT OF EDUCATION.

 

Subdivision 1.  Department of Education.  Unless otherwise indicated, the sums indicated in this section are appropriated from the general fund to the Department of Education for the fiscal years designated.  Any balance in the first year does not cancel but is available in the second year.

 

Subd. 2.  Department.  (a) For the Department of Education:

 

 

 

                                $30,837,000

                                . . . . .

                                2022

 

 

$26,287,000

. . . . .

2023

 

Of these amounts:

 

(1) $319,000 each year is for the Board of School Administrators;

 

(2) $1,000,000 each year is for regional centers of excellence under Minnesota Statutes, section 120B.115;

 

(3) $250,000 each year is for the School Finance Division to enhance financial data analysis;

 

(4) $720,000 each year is for implementing Minnesota's Learning for English Academic Proficiency and Success Act under Laws 2014, chapter 272, article 1, as amended;

 

(5) $123,000 each year is for a dyslexia specialist;

 

(6) $480,000 each year is for the Department of Education's mainframe update;

 

(7) $4,500,000 in fiscal year 2022 only is for legal fees and costs associated with litigation; and

 

(8) $340,000 in fiscal years 2022 and 2023 only are for voluntary prekindergarten programs.

 

(b) None of the amounts appropriated under this subdivision may be used for Minnesota's Washington, D.  C., office.

 

(c) The expenditures of federal grants and aids as shown in the biennial budget document and its supplements are approved and appropriated and must be spent as indicated.

 

(d) This appropriation includes funds for information technology project services and support subject to the provisions of Minnesota Statutes, section 16E.21.  Any ongoing information technology costs will be incorporated into the service level agreement and will be paid to the Office of MN.IT Services by the Department of Education under the rates and mechanisms specified in that agreement. 

 

(e) To account for the base adjustments provided in Laws 2018, chapter 211, article 21, section 1, paragraph (a), and section 3, paragraph (a), the base for fiscal year 2024 and later is $25,965,000.


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Sec. 5.  APPROPRIATIONS; MINNESOTA STATE ACADEMIES.

 

(a) The sums indicated in this section are appropriated from the general fund to the Minnesota State Academies for the Deaf and the Blind for the fiscal years designated:

 

 

 

                                $14,056,000

                                . . . . .

                                2022

 

 

$14,317,000

. . . . .

2023

 

(b) Any balance in the first year does not cancel but is available in the second year.

 

(c) To account for the base adjustments provided in Laws 2018, chapter 211, article 21, section 1, paragraph (a), and section 3, paragraph (b), the base for fiscal year 2024 and later is $14,323,000.

 

Sec. 6.  APPROPRIATIONS; PERPICH CENTER FOR ARTS EDUCATION.

 

(a) The sums in this section are appropriated from the general fund to the Perpich Center for Arts Education for the fiscal years designated:

 

 

 

                                $7,406,000

                                . . . . .

                                2022

 

 

$7,527,000

. . . . .

2023

 

(b) Any balance in the first year does not cancel but is available in the second year.

 

(c) To account for the base adjustments provided in Laws 2018, chapter 211, article 21, section 1, paragraph (a), and section 3, paragraph (c), the base for fiscal year 2024 and later is $7,532,000.

 

Sec. 7.  APPROPRIATIONS; PROFESSIONAL EDUCATOR LICENSING AND STANDARDS BOARD.

 

Subdivision 1.  Professional Educator Licensing and Standards Board.  (a) The sums indicated in this section are appropriated from the general fund to the Professional Educator Licensing and Standards Board for the fiscal years designated:

 

 

 

                                $2,792,000

                                . . . . .

                                2022

 

 

$2,839,000

. . . . .

2023

 

(b) Any balance in the first year does not cancel but is available in the second year.

 

(c) This appropriation includes funds for information technology project services and support subject to Minnesota Statutes, section 16E.21.  Any ongoing information technology costs will be incorporated into an interagency agreement and will be paid to the Office of MN.IT Services by the Professional Educator Licensing and Standards Board under the mechanism specified in that agreement.

 

Subd. 2.  Licensure by portfolio.  For licensure by portfolio:

 

 

 

                                $34,000

                                . . . . .

                                2022

 

 

$34,000

. . . . .

2023

 

This appropriation is from the education licensure portfolio account in the special revenue fund.


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ARTICLE 12

FORECAST

A.  GENERAL EDUCATION

 

Section 1.  Laws 2019, First Special Session chapter 11, article 1, section 25, subdivision 2, as amended by Laws 2020, chapter 116, article 6, section 1, is amended to read:

 

Subd. 2.  General education aid.  For general education aid under Minnesota Statutes, section 126C.13, subdivision 4:

 

 

 

                $7,347,424,000

                                . . . . .

                                2020

 

 

$7,509,639,000 7,408,985,000

. . . . .

2021

 

The 2020 appropriation includes $700,383,000 for 2019 and $6,647,041,000 for 2020.

 

The 2021 appropriation includes $711,885,000 for 2020 and $6,797,754,000 $6,697,100,000 for 2021.

 

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

 

Sec. 2.  Laws 2019, First Special Session chapter 11, article 1, section 25, subdivision 3, as amended by Laws 2020, chapter 116, article 6, section 2, is amended to read:

 

Subd. 3.  Enrollment options transportation.  For transportation of pupils attending postsecondary institutions under Minnesota Statutes, section 124D.09, or for transportation of pupils attending nonresident districts under Minnesota Statutes, section 124D.03:

 

 

 

                                 $19,000

                                . . . . .

                                2020

 

 

 $20,000 11,000

. . . . .

2021

 

 

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

 

Sec. 3.  Laws 2019, First Special Session chapter 11, article 1, section 25, subdivision 4, as amended by Laws 2020, chapter 116, article 6, section 3, is amended to read:

 

Subd. 4.  Abatement aid.  For abatement aid under Minnesota Statutes, section 127A.49:

 

 

 

                                $1,770,000

                . . . . .

                                2020

 

 

$2,827,000 2,595,000

. . . . .

2021

 

The 2020 appropriation includes $274,000 for 2019 and $1,496,000 for 2020.

 

The 2021 appropriation includes $166,000 for 2020 and $2,661,000 $2,429,000 for 2021.

 

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

 

Sec. 4.  Laws 2019, First Special Session chapter 11, article 1, section 25, subdivision 6, as amended by Laws 2020, chapter 116, article 6, section 4, is amended to read:

 

Subd. 6.  Nonpublic pupil education aid.  For nonpublic pupil education aid under Minnesota Statutes, sections 123B.40 to 123B.43 and 123B.87:


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                                $17,925,000

                . . . . .

                                2020

 

 

$18,917,000 18,918,000

. . . . .

2021

 

The 2020 appropriation includes $1,806,000 for 2019 and $16,119,000 for 2020.

 

The 2021 appropriation includes $1,790,000 for 2020 and $17,127,000 $17,128,000 for 2021.

 

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

 

Sec. 5.  Laws 2019, First Special Session chapter 11, article 1, section 25, subdivision 7, as amended by Laws 2020, chapter 116, article 6, section 5, is amended to read:

 

Subd. 7.  Nonpublic pupil transportation.  For nonpublic pupil transportation aid under Minnesota Statutes, section 123B.92, subdivision 9:

 

 

 

                                $19,168,000

                . . . . .

                                2020

 

 

$20,100,000 19,106,000

. . . . .

2021

 

The 2020 appropriation includes $1,961,000 for 2019 and $17,207,000 for 2020.

 

The 2021 appropriation includes $1,911,000 for 2020 and $18,189,000 $17,195,000 for 2021.

 

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

 

Sec. 6.  Laws 2019, First Special Session chapter 11, article 1, section 25, subdivision 9, as amended by Laws 2020, chapter 116, article 6, section 6, is amended to read:

 

Subd. 9.  Career and technical aid.  For career and technical aid under Minnesota Statutes, section 124D.4531, subdivision 1b:

 

 

 

                                $3,857,000

                . . . . .

                                2020

 

 

$3,433,000 3,288,000

. . . . .

2021

 

The 2020 appropriation includes $422,000 for 2019 and $3,435,000 for 2020.

 

The 2021 appropriation includes $378,000 for 2020 and $3,055,000 $2,910,000 for 2021.

 

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

 

B.  EDUCATION EXCELLENCE

 

Sec. 7.  Laws 2019, First Special Session chapter 11, article 2, section 33, subdivision 2, as amended by Laws 2020, chapter 116, article 3, section 2, is amended to read:

 

Subd. 2.  Achievement and integration aid.  For achievement and integration aid under Minnesota Statutes, section 124D.862:

 

 

 

                                $77,247,000

                . . . . .

                                2020

 

 

$81,233,000 87,574,000

. . . . .

2021


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The 2020 appropriation includes $7,058,000 for 2019 and $70,189,000 for 2020.

 

The 2021 appropriation includes $7,763,000 for 2020 and $73,470,000 $79,811,000 for 2021.

 

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

 

Sec. 8.  Laws 2019, First Special Session chapter 11, article 2, section 33, subdivision 3, as amended by Laws 2020, chapter 116, article 6, section 7, is amended to read:

 

Subd. 3.  Interdistrict desegregation or integration transportation grants.  For interdistrict desegregation or integration transportation grants under Minnesota Statutes, section 124D.87:

 

 

 

                                $14,231,000

                . . . . .

                                2020

 

 

$14,962,000 15,670,000

. . . . .

2021

 

 

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

 

Sec. 9.  Laws 2019, First Special Session chapter 11, article 2, section 33, subdivision 5, as amended by Laws 2020, chapter 116, article 6, section 9, is amended to read:

 

Subd. 5.  Tribal contract school aid.  For tribal contract school aid under Minnesota Statutes, section 124D.83:

 

 

 

                                $2,766,000

                . . . . .

                                2020

 

 

$3,106,000 2,435,000

. . . . .

2021

 

The 2020 appropriation includes $299,000 for 2019 and $2,467,000 for 2020.

 

The 2021 appropriation includes $274,000 for 2020 and $2,832,000 $2,161,000 for 2021.

 

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

 

Sec. 10.  Laws 2019, First Special Session chapter 11, article 2, section 33, subdivision 6, as amended by Laws 2020, chapter 116, article 6, section 10, is amended to read:

 

Subd. 6.  American Indian education aid.  For American Indian education aid under Minnesota Statutes, section 124D.81, subdivision 2a:

 

 

 

                                $10,113,000

                . . . . .

                                2020

 

 

$10,696,000 10,939,000

. . . . .

2021

 

The 2020 appropriation includes $960,000 for 2019 and $9,153,000 for 2020.

 

The 2021 appropriation includes $1,016,000 for 2020 and $9,680,000 $9,923,000 for 2021.

 

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


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Sec. 11.  Laws 2019, First Special Session chapter 11, article 2, section 33, subdivision 16, as amended by Laws 2020, chapter 116, article 6, section 11, is amended to read:

 

Subd. 16.  Charter school building lease aid.  For building lease aid under Minnesota Statutes, section 124E.22:

 

 

 

                                $83,214,000

                . . . . .

                                2020

 

 

$88,454,000 85,916,000

. . . . .

2021

 

The 2020 appropriation includes $8,021,000 for 2019 and $75,193,000 for 2020.

 

The 2021 appropriation includes $8,354,000 for 2020 and $80,100,000 $77,562,000 for 2021.

 

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

 

Sec. 12.  Laws 2019, First Special Session chapter 11, article 3, section 23, subdivision 3, as amended by Laws 2020, chapter 116, article 6, section 12, is amended to read:

 

Subd. 3.  Alternative teacher compensation aid.  (a) For alternative teacher compensation aid under Minnesota Statutes, section 122A.415, subdivision 4:

 

 

 

                                $89,166,000

                . . . . .

                                2020

 

 

$88,851,000 88,788,000

. . . . .

2021

 

(b) The 2020 appropriation includes $8,974,000 for 2019 and $80,192,000 for 2020.

 

(c) The 2021 appropriation includes $8,887,000 for 2020 and $79,964,000 $79,901,000 for 2021.

 

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

 

C.  SPECIAL EDUCATION

 

Sec. 13.  Laws 2019, First Special Session chapter 11, article 4, section 11, subdivision 2, as amended by Laws 2020, chapter 116, article 6, section 13, is amended to read:

 

Subd. 2.  Special education; regular.  For special education aid under Minnesota Statutes, section 125A.75:

 

 

 

                                $1,600,889,000

                . . . . .

                2020

 

 

$1,747,701,000 1,727,596,000

. . . . .

2021

 

The 2020 appropriation includes $184,363,000 for 2019 and $1,416,526,000 for 2020.

 

The 2021 appropriation includes $199,406,000 for 2020 and $1,548,295,000 $1,528,190,000 for 2021.

 

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


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Sec. 14.  Laws 2019, First Special Session chapter 11, article 4, section 11, subdivision 3, as amended by Laws 2020, chapter 116, article 6, section 14, is amended to read:

 

Subd. 3.  Aid for children with disabilities.  For aid under Minnesota Statutes, section 125A.75, subdivision 3, for children with disabilities placed in residential facilities within the district boundaries for whom no district of residence can be determined:

 

 

 

                                $1,109,000

                . . . . .

                                2020

 

 

$1,267,000 1,644,000

. . . . .

2021

 

If the appropriation for either year is insufficient, the appropriation for the other year is available.

 

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

 

Sec. 15.  Laws 2019, First Special Session chapter 11, article 4, section 11, subdivision 4, as amended by Laws 2020, chapter 116, article 6, section 15, is amended to read:

 

Subd. 4.  Travel for home-based services.  For aid for teacher travel for home-based services under Minnesota Statutes, section 125A.75, subdivision 1:

 

 

 

                                $445,000

                . . . . .

                                2020

 

 

$467,000 254,000

. . . . .

2021

 

The 2020 appropriation includes $40,000 for 2019 and $405,000 for 2020.

 

The 2021 appropriation includes $44,000 for 2020 and $423,000 $210,000 for 2021.

 

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

 

Sec. 16.  Laws 2019, First Special Session chapter 11, article 4, section 11, subdivision 5, as amended by Laws 2020, chapter 116, article 6, section 16, is amended to read:

 

Subd. 5.  Court-placed special education revenue.  For reimbursing serving school districts for unreimbursed eligible expenditures attributable to children placed in the serving school district by court action under Minnesota Statutes, section 125A.79, subdivision 4:

 

 

 

                                $-0-

                . . . . .

                                2020

 

 

 $23,000 -0-

. . . . .

2021

 

 

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

 

D.  FACILITIES AND TECHNOLOGY

 

Sec. 17.  Laws 2019, First Special Session chapter 11, article 6, section 7, subdivision 2, as amended by Laws 2020, chapter 116, article 6, section 17, and Laws 2020, Fifth Special Session chapter 3, article 5, section 36, is amended to read:


Journal of the House - 10th Day - Thursday, June 24, 2021 - Top of Page 475

Subd. 2.  Debt service equalization aid.  For debt service equalization aid under Minnesota Statutes, section 123B.53, subdivision 6:

 

 

 

                                $20,684,000

                . . . . .

                                2020

 

 

$25,380,000 25,335,000

. . . . .

2021

 

The 2020 appropriation includes $2,292,000 for 2019 and $18,392,000 for 2020.

 

The 2021 appropriation includes $2,043,000 for 2020 and $23,337,000 $23,292,000 for 2021.

 

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

 

Sec. 18.  Laws 2019, First Special Session chapter 11, article 6, section 7, subdivision 3, as amended by Laws 2020, chapter 116, article 6, section 18, is amended to read:

 

Subd. 3.  Long-term facilities maintenance equalized aid.  For long-term facilities maintenance equalized aid under Minnesota Statutes, section 123B.595, subdivision 9:

 

 

 

                                $104,690,000

                . . . . .

                                2020

 

 

$107,820,000 106,356,000

. . . . .

2021

 

The 2020 appropriation includes $10,464,000 for 2019 and $94,226,000 for 2020.

 

The 2021 appropriation includes $10,412,000 for 2020 and $97,408,000 $95,944,000 for 2021.

 

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

 

E.  NUTRITION

 

Sec. 19.  Laws 2019, First Special Session chapter 11, article 7, section 1, subdivision 2, as amended by Laws 2020, chapter 116, article 6, section 20, is amended to read:

 

Subd. 2.  School lunch.  For school lunch aid under Minnesota Statutes, section 124D.111, and Code of Federal Regulations, title 7, section 210.17:

 

 

 

                                $16,245,000

                . . . . .

                                2020

 

 

$16,514,000 4,796,000

. . . . .

2021

 

 

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

 

Sec. 20.  Laws 2019, First Special Session chapter 11, article 7, section 1, subdivision 3, as amended by Laws 2020, chapter 116, article 6, section 21, is amended to read:

 

Subd. 3.  School breakfast.  For traditional school breakfast aid under Minnesota Statutes, section 124D.1158:

 

 

 

                                $11,428,000

                . . . . .

                                2020

 

 

$11,846,000 3,242,000

. . . . .

2021

 

 

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


Journal of the House - 10th Day - Thursday, June 24, 2021 - Top of Page 476

Sec. 21.  Laws 2019, First Special Session chapter 11, article 7, section 1, subdivision 4, as amended by Laws 2020, chapter 116, article 6, section 22, is amended to read:

 

Subd. 4.  Kindergarten milk.  For kindergarten milk aid under Minnesota Statutes, section 124D.118:

 

 

 

                                $658,000

                . . . . .

                                2020

 

 

$658,000 494,000

. . . . .

2021

 

 

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

 

F.  EARLY CHILDHOOD AND FAMILY SUPPORT

 

Sec. 22.  Laws 2019, First Special Session chapter 11, article 8, section 13, subdivision 5, as amended by Laws 2020, chapter 116, article 6, section 23, is amended to read:

 

Subd. 5.  Early childhood family education aid.  (a) For early childhood family education aid under Minnesota Statutes, section 124D.135:

 

 

 

                                $32,151,000

                . . . . .

                                2020

 

 

$33,540,000 33,204,000

. . . . .

2021

 

(b) The 2020 appropriation includes $3,098,000 for 2019 and $29,053,000 for 2020.

 

(c) The 2021 appropriation includes $3,133,000 for 2020 and $30,407,000 $30,071,000 for 2021.

 

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

 

Sec. 23.  Laws 2019, First Special Session chapter 11, article 8, section 13, subdivision 14, as amended by Laws 2020, chapter 116, article 6, section 24, is amended to read:

 

Subd. 14.  Home visiting aid.  (a) For home visiting aid under Minnesota Statutes, section 124D.135:

 

 

 

                                $521,000

                . . . . .

                                2020

 

 

$528,000 481,000

. . . . .

2021

 

(b) The 2020 appropriation includes $54,000 for 2019 and $467,000 for 2020.

 

(c) The 2021 appropriation includes $51,000 for 2020 and $477,000 $430,000 for 2021.

 

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

 

G.  COMMUNITY EDUCATION AND LIFELONG LEARNING

 

Sec. 24.  Laws 2019, First Special Session chapter 11, article 9, section 3, subdivision 2, as amended by Laws 2020, chapter 116, article 6, section 25, is amended to read:

 

Subd. 2.  Community education aid.  For community education aid under Minnesota Statutes, section 124D.20:


Journal of the House - 10th Day - Thursday, June 24, 2021 - Top of Page 477

 

 

                                $327,000

                . . . . .

                                2020

 

 

$249,000 236,000

. . . . .

2021

 

The 2020 appropriation includes $40,000 for 2019 and $287,000 for 2020.

 

The 2021 appropriation includes $31,000 for 2020 and $218,000 $205,000 for 2021.

 

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

 

Delete the title and insert:

 

"A bill for an act relating to education finance; providing funding for prekindergarten through grade 12 education; modifying provisions for general education, education excellence, teachers, charter schools, special education, health and safety, facilities, nutrition and libraries, early childhood, community education, and state agencies; making forecast adjustments; requiring reports; appropriating money; amending Minnesota Statutes 2020, sections 120A.35; 120B.132; 120B.21; 122A.61, subdivision 1; 122A.63, subdivisions 6, 9; 122A.70; 124D.111; 124D.151, subdivision 6; 124E.03, by adding a subdivision; 124E.05, subdivision 6; 126C.05, subdivisions 1, 3; 126C.10, subdivisions 2, 2d, 2e; 126C.15, subdivision 5; 127A.49, subdivision 3; 469.176, subdivision 2; 609A.03, subdivision 7a; Laws 2019, First Special Session chapter 11, article 1, section 25, subdivisions 2, as amended, 3, as amended, 4, as amended, 6, as amended, 7, as amended, 9, as amended; article 2, section 33, subdivisions 2, as amended, 3, as amended, 5, as amended, 6, as amended, 16, as amended; article 3, section 23, subdivision 3, as amended; article 4, section 11, subdivisions 2, as amended, 3, as amended, 4, as amended, 5, as amended; article 6, section 7, subdivisions 2, as amended, 3, as amended; article 7, section 1, subdivisions 2, as amended, 3, as amended, 4, as amended; article 8, section 13, subdivisions 5, as amended, 14, as amended; article 9, section 3, subdivision 2, as amended; article 10, section 5, subdivision 2, as amended; proposing coding for new law in Minnesota Statutes, chapters 121A; 122A; 124D; 127A."

 

 

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

 

      The report was adopted.

 

 

Moran from the Committee on Ways and Means to which was referred:

 

H. F. No. 33, A bill for an act relating to health; appropriating money for public health infrastructure projects and activities.

 

Reported the same back with the following amendments:

 

Page 1, delete sections 2 and 3

 

Amend the title as follows:

 

Page 1, line 2, delete everything after "for" and insert "Tribal public health grants."

 

Page 1, delete line 3

 

 

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

 

      The report was adopted.


Journal of the House - 10th Day - Thursday, June 24, 2021 - Top of Page 478

Moran from the Committee on Ways and Means to which was referred:

 

H. F. No. 52, A bill for an act relating to capital investment; amending prior appropriations for capital improvement projects; amending Minnesota Statutes 2020, section 469.53; Laws 2009, chapter 93, article 1, section 14, subdivision 3, as amended; Laws 2014, chapter 294, article 1, sections 21, subdivisions 21, 23, as amended; 22, subdivision 5, as amended; Laws 2017, First Special Session chapter 8, article 1, sections 7, subdivision 2; 15, subdivision 3, as amended; 20, subdivisions 8, 14, 15; Laws 2018, chapter 214, article 1, sections 16, subdivision 2, as amended; 17, subdivision 6; 18, subdivisions 3, 4; 21, subdivisions 16, 28, as amended; 22, subdivision 6; Laws 2019, chapter 2, article 1, section 2, subdivision 5; Laws 2020, Fifth Special Session chapter 3, article 1, sections 7, subdivisions 3, 18; 13, subdivision 5; 16, subdivisions 5, 7, 15, 36; 20, subdivisions 5, 7; 21, subdivisions 14, 20, 23, 37, 44, 47; 22, subdivisions 6, 8, 18, 19, 21, 23, 28, 30, 33; article 2, section 2, subdivisions 2, 4.

 

Reported the same back with the following amendments:

 

Page 1, after line 15, insert:

 

"ARTICLE 1

AMENDMENTS TO PRIOR APPROPRIATIONS"

 

Page 13, line 3, delete "This" and insert "Notwithstanding Minnesota Statutes, section 16A.642, the bond sale authorization and appropriation of bond proceeds for the project in this subdivision are available until December 31, 2026."

 

Page 13, delete lines 4 and 5

 

Page 31, after line 32, insert:

 

"Sec. 45.  CONVEYANCE OF STATE LAND; ISANTI COUNTY.

 

Subdivision 1.  Conveyance authorized.  Notwithstanding Minnesota Statutes, sections 16A.695 and 16B.281 to 16B.287, or other law, administrative rule, or commissioner's order to the contrary, the commissioner of administration may convey to Isanti County for no consideration all or part of the real property described in subdivision 3.  The commissioner of administration may add conditions to the conveyance of the property deemed to be in the interest of the state.  Notwithstanding any provision of this section to the contrary, the real property shall continue to be considered state bond-financed property after the conveyance of the real property to Isanti County and until all the requirements are satisfied for the real property to no longer be considered state bond-financed property.  Isanti County must operate the state bond-financed property in compliance with Minnesota Statutes, section 16A.695, and all applicable state and federal laws, and in a manner that will not cause the interest on the state general obligation bonds to be subject to federal income taxation for any reason.

 

Subd. 2.  Form.  The conveyance shall be in a form approved by the attorney general.  The attorney general may make changes to the legal description to correct errors and ensure accuracy.

 

Subd. 3.  Description.  The real property to be conveyed is located in Isanti County and is described as:  all that part of the Southwest Quarter of the Southeast Quarter and all that part of Government Lot 4 all in Section 32, Township 36, Range 23, Isanti County, Minnesota, except that part lying easterly and southerly of the easterly and southerly right-of-way of Minnesota State Trunk Highway No. 293, per the right-of-way plans on file with the Minnesota Department of Transportation as said highway passes through said Southwest Quarter of the Southeast Quarter and said Government Lot 4.


Journal of the House - 10th Day - Thursday, June 24, 2021 - Top of Page 479

Subd. 4.  Determination by commissioner.  The commissioner has determined that the real property described in subdivision 3 is no longer needed for any state purpose and that the state's land management interests are best served if the land is conveyed to and used by Isanti County for community-based services."

 

Page 32, line 2, delete "act" and insert "article"

 

Page 32, after line 2, insert:

 

"ARTICLE 2

TARGETED COMMUNITY CAPITAL PROJECT GRANT PROGRAM

 

Section 1.  [116J.9924] TARGETED COMMUNITY CAPITAL PROJECT GRANT PROGRAM.

 

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

 

(b) "Capital project" or "project" means the acquisition or betterment of land, buildings, and other improvements of a capital nature.

 

(c) "Commissioner" means the commissioner of employment and economic development.

 

(d) "Government entity" means a city, township, county, or any political subdivision, or an American Indian Tribal government entity located within a federally recognized American Indian reservation.

 

(e) "Low-income area" means:

 

(1) a census tract that has a poverty rate of at least 20 percent as reported by the United States Bureau of the Census in the most recent American Community Survey;

 

(2) a qualified census tract, as defined under United States Code, title 26, section 42; or

 

(3) a census tract, city, township, or county in which ten percent of the population has an annual income of 200 percent or less of the federal poverty level.

 

(f) "Nonprofit organization" means a not-for-profit corporation under section 501(c)(3) of the Internal Revenue Code or a Tribal nonprofit under section 7871 of the Internal Revenue Code.  Nonprofit hospitals, private schools, credit unions, and higher education institutions do not qualify as a nonprofit organization for the purposes of this section.

 

(g) "Small business" means a business that:

 

(1) employs no more than the equivalent of 50 full-time persons in Minnesota;

 

(2) has a history of providing benefits to, and developing longstanding connections with, the surrounding community; and

 

(3) meets the eligibility criteria for the programs for small businesses and socially and economically disadvantaged, economically disadvantaged area, or veteran-owned small businesses under Minnesota Rules, chapter 1230, regardless of whether the business has been certified as such by the commissioner of administration.


Journal of the House - 10th Day - Thursday, June 24, 2021 - Top of Page 480

Subd. 2.  Grant program established.  (a) The commissioner shall make competitive grants for capital projects to nonprofit organizations, government entities, and small businesses that provide services, either alone or in partnership, in one or more of the following areas:

 

(1) economic development, including but not limited to programs to relieve economic disparities or foster entrepreneurship or small business development;

 

(2) education, including but not limited to programs focused on the arts, technology, social-emotional learning, literacy, or culturally specific curriculum;

 

(3) food insecurity, including but not limited to food shelves or nutrition services;

 

(4) performing and visual arts;

 

(5) veterans services;

 

(6) housing, including but not limited to housing or shelter facilities for persons experiencing homelessness;

 

(7) health care, including but not limited to medical, behavioral health, dental, or substance abuse programs;

 

(8) workforce development, including but not limited to apprenticeships, internships, employment preparation, job placement assistance, and job skills training and counseling; or

 

(9) legal assistance to marginalized communities.

 

(b) The commissioner shall give priority to applicants under subdivision 3 that:

 

(1) do not have a history of receiving capital grants from the state; or

 

(2) have previously received phased grant funds as described under subdivision 4.

 

Subd. 3.  Eligibility.  (a) A prospective grantee under this section must submit a written application to the commissioner in the form, at the time, and in the manner prescribed by the commissioner.  The written application must include:

 

(1) a description of the capital project to be funded by the grant;

 

(2) the rationale for the project, including a description of the services provided and populations served by the applicant;

 

(3) the total cost of the project and the cost of individual phases of the project, including but not limited to predesign, design, construction, engineering, furnishing, and equipping;

 

(4) the requested grant amount;

 

(5) the property owner of the facility to be improved;

 

(6) the sources and amounts of state and nonstate funds previously received and committed to the project;

 

(7) the public purpose achieved by the project;

 

(8) an estimated timeline of the project; and


Journal of the House - 10th Day - Thursday, June 24, 2021 - Top of Page 481

(9) any additional information requested by the commissioner.

 

(b) The commissioner shall give priority to applicants that:

 

(1) specialize in providing services to:

 

(i) immigrants;

 

(ii) youth or young adults from families with a history of intergenerational poverty;

 

(iii) low-income areas; or

 

(iv) persons who are unemployed or underemployed; or

 

(2) are nonprofit organizations that are majority operated and governed by one or more persons who identify as a woman, Black, Indigenous, or a person of color, or a person with a substantial physical disability.

 

Subd. 4.  Project phasing; minimum grant amount.  The commissioner has the discretion to fund one or more phases of a capital project for which an applicant has applied for grant funds under this section, up to the total project cost.  A grant awarded under this section must be no less than the amount required to complete a phase of the project, less any nonstate funds already committed for such activities.

 

Subd. 5.  Determination of application.  On the basis of applicable law and available information, the commissioner must determine whether an applicant shall be awarded a grant under this section.  The commissioner must notify the applicant of the determination.  This notice must be in writing and contain the basis for the determination.  An applicant who is not selected for a grant award may apply for a grant under this section the fiscal year following receipt of the notice of determination under this subdivision.

 

Subd. 6.  Applicability of other laws.  The provisions of chapter 16A that apply to general fund appropriations for capital projects also apply to grants under this section.  Money granted under this section is available until the project is completed or abandoned subject to section 16A.642.

 

Subd. 7.  Appropriation; administration and monitoring.  Up to five percent of any appropriation for the program under this section is for administration and monitoring of the program.  The commissioner must also use the funds under this subdivision to provide technical assistance, education, and support for program applicants, as needed, and may contract with a third party to provide such services.

 

Subd. 8.  Report to legislature.  On or before January 15, 2022, and every January 15 thereafter, the commissioner must submit a report as required under section 3.195 that details the grants awarded under this section, including the total grants distributed, the recipients of the grants, the services supported by the grants, and any other information the commissioner deems pertinent.  A copy of this report must also be sent to the chairs and ranking minority members of the committees of the house of representatives and the senate having jurisdiction over capital investment.

 

EFFECTIVE DATE.  This section is effective August 1, 2021.


Journal of the House - 10th Day - Thursday, June 24, 2021 - Top of Page 482

Sec. 2.  ELIGIBILITY OF PRIOR TARGETED GRANT RECIPIENTS FOR TARGETED COMMUNITY CAPITAL PROJECT GRANTS.

 

Notwithstanding the eligibility criteria in Minnesota Statutes, section 116J.9924, any grantee named in Laws 2020, Fifth Special Session chapter 3, article 3, is eligible for a grant under the targeted community capital project grant program under Minnesota Statutes, section 116J.9924, in fiscal year 2022, so long as the grantee submits a written application at the time and in the form and manner prescribed by the commissioner of employment and economic development.

 

EFFECTIVE DATE.  This section is effective August 1, 2021.

 

Sec. 3.  APPROPRIATION; TARGETED COMMUNITY CAPITAL PROJECT GRANT PROGRAM.

 

$24,000,000 in fiscal year 2022 is appropriated from the general fund to the commissioner of employment and economic development for the targeted community capital project grant program under Minnesota Statutes, section 116J.9924.  This appropriation is available until June 30, 2023.

 

EFFECTIVE DATE.  This section is effective August 1, 2021."

 

Renumber the sections in sequence

 

Amend the title as follows:

 

Page 1, line 3, before "amending" insert "authorizing the conveyance of state lands; establishing a targeted community capital project grant program; requiring reports; appropriating money;"

 

Correct the title numbers accordingly

 

 

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

 

      The report was adopted.

 

 

Moran from the Committee on Ways and Means to which was referred:

 

H. F. No. 54, A bill for an act relating to state government; modifying the state's budget reserve levels; amending Minnesota Statutes 2020, section 16A.152, subdivision 2, as amended.

 

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

 

      The report was adopted.

 

 

SECOND READING OF HOUSE BILLS

 

 

      H. F. Nos. 2, 33, 52 and 54 were read for the second time.


Journal of the House - 10th Day - Thursday, June 24, 2021 - Top of Page 483

INTRODUCTION AND FIRST READING OF HOUSE BILLS

 

 

      The following House Files were introduced:

 

 

Moran introduced:

 

H. F. No. 58, A bill for an act relating to state government; appropriating money for projected budget deficiencies for various state programs and other state government purposes.

 

The bill was read for the first time and referred to the Committee on Ways and Means.

 

 

Mariani introduced:

 

H. F. No. 59, A bill for an act relating to  capital investment; appropriating money for the Metropolitan Center for Independent Living.

 

The bill was read for the first time and referred to the Committee on Workforce and Business Development Finance and Policy.

 

 

Munson, Bahr, Miller and Drazkowski introduced:

 

H. F. No. 60, A bill for an act relating to public safety; providing for local, state, and federal regulation of firearm suppressors; amending Minnesota Statutes 2020, section 609.66, subdivision 1a; proposing coding for new law in Minnesota Statutes, chapter 609.

 

The bill was read for the first time and referred to the Committee on Public Safety and Criminal Justice Reform Finance and Policy.

 

 

      Her moved that the House recess subject to the call of the Chair.  The motion prevailed.

 

 

RECESS

 

 

RECONVENED

 

      The House reconvened and was called to order by Speaker pro tempore Olson, L.

 

 

REPORT FROM THE COMMITTEE ON RULES

AND LEGISLATIVE ADMINISTRATION

 

      Winkler from the Committee on Rules and Legislative Administration, pursuant to rules 1.21 and 3.33, designated the following bills to be placed on the Calendar for the Day for Saturday, June 26, 2021 and established a prefiling requirement for amendments offered to the following bills:

 

      H. F. Nos. 2, 33 and 52.


Journal of the House - 10th Day - Thursday, June 24, 2021 - Top of Page 484

CALENDAR FOR THE DAY

 

 

      H. F. No. 4 was reported to the House.

 

 

      Theis moved that H. F. No. 4 be re-referred to the Committee on Housing Finance and Policy.

 

 

      A roll call was requested and properly seconded.

 

 

      The question was taken on the Theis motion and the roll was called.  There were 56 yeas and 68 nays as follows:

 

      Those who voted in the affirmative were:

 


Akland

Albright

Anderson

Backer

Bahr

Bennett

Bliss

Boe

Burkel

Daniels

Daudt

Davids

Demuth

Dettmer

Drazkowski

Erickson

Franson

Garofalo

Green

Grossell

Gruenhagen

Haley

Hamilton

Heintzeman

Hertaus

Igo

Johnson

Jurgens

Kiel

Koznick

Lucero

Lueck

Mekeland

Miller

Mortensen

Mueller

Munson

Nash

Nelson, N.

Neu Brindley

O'Driscoll

Olson, B.

O'Neill

Pfarr

Pierson

Poston

Quam

Raleigh

Rasmusson

Robbins

Schomacker

Scott

Swedzinski

Theis

Torkelson

Urdahl


 

      Those who voted in the negative were:

 


Acomb

Agbaje

Bahner

Becker-Finn

Berg

Bernardy

Bierman

Boldon

Carlson

Christensen

Davnie

Ecklund

Edelson

Elkins

Feist

Fischer

Frazier

Frederick

Freiberg

Gomez

Greenman

Hansen, R.

Hanson, J.

Hassan

Her

Hollins

Hornstein

Howard

Huot

Jordan

Keeler

Klevorn

Koegel

Kotyza-Witthuhn

Lee

Liebling

Lillie

Lippert

Lislegard

Long

Mariani

Marquart

Masin

Moller

Moran

Morrison

Murphy

Nelson, M.

Noor

Olson, L.

Pelowski

Pinto

Pryor

Reyer

Sandell

Sandstede

Schultz

Stephenson

Sundin

Thompson

Vang

Wazlawik

Winkler

Wolgamott

Xiong, J.

Xiong, T.

Youakim

Spk. Hortman


 

 

      The motion did not prevail.

 

 

      Koznick was excused between the hours of 11:45 a.m. and 2:45 p.m.

 

 

Nash moved to amend H. F. No. 4, the first engrossment, as follows:

 

Page 10, after line 28, insert:

 

"Sec. 6.  [462.3575] LIMITATION ON AESTHETIC MANDATES.

 

Subdivision 1.  Application.  This section applies to official controls adopted under sections 462.357, 462.358, and 462.3595.


Journal of the House - 10th Day - Thursday, June 24, 2021 - Top of Page 485

Subd. 2.  Limitation on aesthetic mandates.  A municipality shall not condition approval of a building permit, subdivision development, or planned unit development on the use of specific materials, design, amenities, or other aesthetic conditions that are not required by the State Building Code under chapter 326B.

 

Subd. 3.  Exception.  This section shall not apply to a proposed residential development that is to be developed by the municipality."

 

Renumber the sections in sequence and correct the internal references

 

Amend the title accordingly

 

 

      A roll call was requested and properly seconded.

 

 

      The question was taken on the Nash amendment and the roll was called.  There were 51 yeas and 74 nays as follows:

 

      Those who voted in the affirmative were:

 


Akland

Anderson

Backer

Bahr

Baker

Bennett

Bliss

Boe

Burkel

Daniels

Daudt

Davids

Demuth

Dettmer

Drazkowski

Erickson

Franke

Franson

Garofalo

Green

Grossell

Gruenhagen

Haley

Hamilton

Heintzeman

Hertaus

Igo

Johnson

Kiel

Lueck

Mekeland

Miller

Mueller

Munson

Nash

Nelson, N.

Olson, B.

O'Neill

Petersburg

Pierson

Poston

Quam

Raleigh

Rasmusson

Robbins

Schomacker

Swedzinski

Theis

Torkelson

Urdahl

West


 

      Those who voted in the negative were:

 


Acomb

Agbaje

Albright

Bahner

Becker-Finn

Berg

Bernardy

Bierman

Boldon

Carlson

Christensen

Davnie

Ecklund

Edelson

Elkins

Feist

Fischer

Frazier

Frederick

Freiberg

Gomez

Greenman

Hansen, R.

Hanson, J.

Hassan

Her

Hollins

Hornstein

Howard

Huot

Jordan

Jurgens

Keeler

Klevorn

Koegel

Kotyza-Witthuhn

Lee

Liebling

Lillie

Lippert

Lislegard

Long

Lucero

Mariani

Marquart

Masin

Moller

Moran

Morrison

Mortensen

Murphy

Nelson, M.

Neu Brindley

Noor

Olson, L.

Pelowski

Pfarr

Pinto

Pryor

Reyer

Sandell

Sandstede

Schultz

Stephenson

Sundin

Thompson

Vang

Wazlawik

Winkler

Wolgamott

Xiong, J.

Xiong, T.

Youakim

Spk. Hortman


 

 

      The motion did not prevail and the amendment was not adopted.

 

 

Theis moved to amend H. F. No. 4, the first engrossment, as follows:

 

Page 29, delete article 5 and insert:

 

"ARTICLE 5

EVICTION MORATORIUM PHASEOUT


Journal of the House - 10th Day - Thursday, June 24, 2021 - Top of Page 486

Section 1.  [12.47] LIMITATION OF POWERS; EVICTION PROCEEDINGS.

 

Notwithstanding any law to the contrary, an order issued under this chapter prohibiting or delaying eviction proceedings under chapter 504B is valid for a period not to exceed 30 days.  The governor must not extend the order beyond 30 days unless the extension is approved by a majority vote of each house of the legislature.  The governor shall not allow the order to expire and issue a new order delaying or prohibiting eviction proceedings under chapter 504B in an effort to avoid obtaining legislative approval for an extension of the order as provided in this section.  An order issued to avoid obtaining legislative approval as required under this section is null and void.

 

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

 

Sec. 2.  EXECUTIVE ORDER 20-79 VOID; EVICTION MORATORIUM ORDERS TEMPORARILY PROHIBITED.

 

(a) Notwithstanding Minnesota Statutes, chapter 12, or any other law to the contrary, Executive Order 20-79 is null and void.

 

(b) Notwithstanding Minnesota Statutes, chapter 12, or any law to the contrary, the governor is prohibited from issuing an order prohibiting or delaying eviction proceedings under Minnesota Statutes, chapter 504B, for 30 days following the enactment of this act.

 

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

 

Sec. 3.  EVICTION MORATORIUM PHASEOUT.

 

(a) Notwithstanding any law to the contrary, the following actions are prohibited:

 

(1) termination or nonrenewal of residential leases, except:

 

(i) at the request of a tenant or where the termination is due to the tenant seriously endangering the safety of others or significantly damaging property;

 

(ii) for violations under Minnesota Statutes, section 504B.171, subdivision 1;

 

(iii) termination and nonrenewal of residential leases are permitted for material violations of the lease other than nonpayment of rent; and

 

(iv) from and after 30 days after the date of enactment of this act, termination and nonrenewal of leases are permitted for those with outstanding rent, but who are ineligible for rental assistance through the COVID-19 emergency rental assistance program;

 

(2) filing of eviction actions under Minnesota Statutes, section 504B.285 or 504B.291, except:

 

(i) where the tenant seriously endangers the safety of others or significantly damages property;

 

(ii) for violations under Minnesota Statutes, section 504B.171, subdivision 1;

 

(iii) from and after 30 days after the date of enactment of this act, eviction actions are permitted for material violations of the lease other than nonpayment of rent; and

 

(iv) from and after 60 days after the date of enactment of this act, eviction actions are permitted for those with outstanding rent, but who are ineligible for rental assistance through the COVID-19 emergency rental assistance program;


Journal of the House - 10th Day - Thursday, June 24, 2021 - Top of Page 487

(3) termination of a residential rental agreement or filing an eviction action under Minnesota Statutes, section 327C.09, except for terminations or eviction actions under Minnesota Statutes, section 327C.09, subdivision 3, or under Minnesota Statutes, section 327C.09, subdivision 5, if the case is based on the resident endangering the safety of other residents or park personnel; and

 

(4) delivery of default notices by owners of security interests in manufactured homes located in Minnesota pursuant to Minnesota Statutes, section 327.64.  A secured party is also prohibited from commencing an action for a court order to remove an occupant from a manufactured home.

 

(b) Notwithstanding paragraph (a), a landlord may file an eviction action against a tenant:

 

(1) who is eligible for assistance through the COVID-19 emergency rental assistance program; and

 

(2) who refuses to apply for assistance through the program, refuses to provide information needed by the landlord to apply for assistance on the tenant's behalf, or refuses to provide the landlord with proof that the tenant applied for assistance through the program.

 

(c) Within 15 days of the date of enactment of this act, a landlord is encouraged to share the following with all tenants in arrears over 30 days:

 

(1) the total amount due;

 

(2) the availability of any financial assistance programs for which the tenant may be eligible; and

 

(3) information about documents required by the city, county, state, or other entity to receive financial assistance.

 

(d) Nothing in this section shall:

 

(1) prohibit an action where the tenant or occupant abandons the premises and relief is sought under Minnesota Statutes, section 504B.271 or 504B.365;

 

(2) reduce the rent owed by the tenant to the landlord, prevent the landlord from collecting rent owed, or reduce arrears owed by a tenant for rent; or

 

(3) prohibit a tenant who is ineligible for assistance through the COVID-19 emergency rental assistance program from applying for or obtaining rental assistance through other programs.

 

(e) This section expires 90 days after the date of enactment of this act.

 

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

 

Sec. 4.  EVICTIONS; PENDING APPLICATIONS FOR RENTAL ASSISTANCE.

 

Notwithstanding any law to the contrary, including section 3, the filing of an eviction action based on nonpayment of rent against a tenant with a pending application for assistance through the COVID-19 emergency rental assistance program is prohibited.  This section expires June 1, 2022.

 

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

 

Renumber the sections in sequence and correct the internal references

 

Amend the title accordingly

 

 

      A roll call was requested and properly seconded.


Journal of the House - 10th Day - Thursday, June 24, 2021 - Top of Page 488

              The question was taken on the Theis amendment and the roll was called.  There were 59 yeas and 68 nays as follows:

 

      Those who voted in the affirmative were:

 


Akland