1.1 A bill for an act
1.2 relating to education;
modifying education policy for kindergarten through grade
1.3 12 education; modifying
policy for charter schools; modifying policy for state
1.4 agencies;amending Minnesota
Statutes 2024, sections 120A.05, subdivision 10a;
1.5 120B.021, subdivision 2;
120B.022, subdivision 1b; 120B.11, subdivision 1;
1.6 121A.038, subdivision 1, by
adding a subdivision; 121A.49; 123B.77, by adding
1.7 subdivisions; 124D.119, by
adding a subdivision; 124E.05, subdivisions 6, 8;
1.8 124E.07, subdivisions 1, 4,
8, by adding a subdivision; 124E.08; Minnesota Statutes
1.9 2025 Supplement, sections
120B.12, subdivisions 2, 2a; 120B.124, subdivision 5;
1.10 124D.09, subdivisions 5, 7, 12;
124D.111, subdivisions 2a, 6; 124D.1158,
1.11 subdivision 5; 124E.03,
subdivision 2; 124E.07, subdivisions 2, 3; 124E.17,
1.12 subdivisions 1, 2; 124E.27;
proposing coding for new law in Minnesota Statutes,
1.13 chapters 120A; 121A; repealing
Minnesota Statutes 2025 Supplement, sections
1.14 120B.124, subdivision 6;
124E.16, subdivision 4.
1.15 BE IT ENACTED BY THE
LEGISLATURE OF THE STATE OF MINNESOTA:
1.16 ARTICLE 1
1.17 GENERAL EDUCATION
1.18 Section 1. Minnesota Statutes
2024, section 120A.05, subdivision 10a, is amended to read:
1.19 Subd. 10a.Kindergarten.
"Kindergarten" means a program grade designed for
pupils
1.20 five years of age on or
before September 1 of the calendar year in which the school year
1.21 commences that provides a
developmentally appropriate learning experience and prepares
1.22 pupils to enter first grade the
following school year.
2.1 Sec. 2. [120A.391]
EDUCATION OF CHILDREN EXPERIENCING
2.2 HOMELESSNESS.
2.3 Subdivision
1.Definition. (a) For purposes of this section, "child
experiencing
2.4 homelessness"
means a child who lacks a fixed, regular, and adequate nighttime residence,
2.5 including:
2.6 (1) a child sharing
housing with other persons due to loss of housing, economic hardship,
2.7 or similar reason;
2.8 (2) a child living in
a motel, hotel, or camping ground due to lack of alternative adequate
2.9 accommodations;
2.10 (3) a child living in an
emergency or transitional shelter;
2.11 (4) a child abandoned in
a hospital;
2.12 (5) a child living in a
car, park, public space, abandoned building, substandard housing,
2.13 bus or train station, or
similar setting; and
2.14 (6) a migratory child
who qualifies as homeless under the circumstances described in
2.15 clauses (1) to (5).
2.16 (b) The term "child
experiencing homelessness" includes children and youth experiencing
2.17 homelessness.
2.18 (c) Nothing in this
section shall conflict with or supersede the requirements under section
2.19 256K.45 as it relates to
educational services for homeless youth.
2.20 Subd. 2.Identification
and enrollment. (a) Each school district and charter school
2.21 must establish
procedures to identify a child experiencing homelessness as defined in
2.22 subdivision 1 and must
designate a homeless liaison to ensure the implementation and
2.23 coordination of the
services described in this section. Upon identification of a child
2.24 experiencing
homelessness, a school district must immediately enroll the child in school,
2.25 even if the child cannot
produce records otherwise required for enrollment, such as previous
2.26 academic records,
immunization or medical records, proof of residency, or other
2.27 documentation.
2.28 (b) For purposes of this
subdivision, "enrollment" means attending classes and
2.29 participating fully in
school activities.
2.30 (c) For purposes of this
subdivision, "immediately" means enrollment must occur within
2.31 one school day.
3.1 Subd.
3.Educational services and supports. School districts and charter
schools must
3.2 provide a child
experiencing homelessness with educational services and supports designed
3.3 to meet the unique
needs of the child, including but not limited to:
3.4 (1) educational
services comparable to those offered to other children;
3.5 (2) transportation to
and from the school of origin when in the child's best interest as
3.6 provided under section
120A.20, subdivision 2;
3.7 (3) removal of
barriers to school enrollment and attendance, which may include providing
3.8 access to school
supplies, meals, and other services necessary to ensure educational access;
3.9 and
3.10 (4) coordination by the
designated homeless liaison with housing services, social services,
3.11 mental health agencies,
and other community service providers to ensure continuity of
3.12 services and supports.
3.13 Subd. 4.School
stability and best interest determination. When it is in the child's
3.14 best interest, a child
experiencing homelessness may remain in their school of origin for
3.15 the duration of
homelessness or through the end of any academic year in which they obtain
3.16 permanent housing. A
school district must presume that remaining in the school of origin
3.17 is in the child's best
interest unless it is contrary to the wishes of the child's parent, guardian,
3.18 or unaccompanied homeless
youth.
3.19 Subd. 5.Records
transfer and dispute resolution. (a) School districts and charter
3.20 schools must immediately
transfer educational and health records for a child experiencing
3.21 homelessness to ensure
continuity of appropriate educational services.
3.22 (b) If a dispute arises
over school selection or enrollment, the child must be immediately
3.23 enrolled in the school
requested by the child's parent, guardian, or unaccompanied homeless
3.24 youth, pending
resolution of the dispute. The school district must provide the child's parent,
3.25 guardian, or
unaccompanied homeless youth with a written explanation of its decision, and
3.26 a notice of the right to
appeal, including information about how to initiate an appeal.
3.27 Subd. 6.Unaccompanied
homeless youth. For purposes of this section, "unaccompanied
3.28 homeless youth"
means a child or youth experiencing homelessness not in the physical
3.29 custody of a parent or
guardian.
3.30 Sec. 3. [120A.392]
EDUCATION OF MIGRATORY CHILDREN.
3.31 Subdivision
1.Definition. For purposes of this section, "migratory
child" means a child
3.32 who has moved due to
economic necessity in the preceding 36 months across school district
4.1 lines either within
the state of Minnesota or from another state to engage in temporary or
4.2 seasonal agricultural
or fishing work or to accompany or join a parent, guardian, or other
4.3 family member who
moved to engage in temporary or seasonal agricultural or fishing work.
4.4 Subd.
2.Identification and enrollment. Each school district or charter
school shall
4.5 establish procedures
to identify migratory children as defined in subdivision 1. Upon
4.6 identification of a
migratory child, the school district must immediately enroll the child in
4.7 school, even if the
child cannot produce records normally required for enrollment, such as
4.8 previous academic
records, health records, proof of residency, or other documentation.
4.9 Subd.
3.Educational services. School districts and charter schools
shall provide
4.10 migratory children with
educational services designed to meet their unique needs, including
4.11 but not limited to: (1)
supplemental academic instruction; (2) support services to address
4.12 educational disruption;
and (3) coordination with other educational programs and services.
4.13 Subd. 4.Continuity
of services. School districts and charter schools shall ensure
4.14 continuity of
educational services by expediting the transfer of educational and health
records
4.15 for migratory children
and implementing procedures to facilitate enrollment and appropriate
4.16 course placement.
4.17 Sec. 4. Minnesota Statutes
2024, section 120B.021, subdivision 2, is amended to read:
4.18 Subd. 2.Standards
development. (a) The commissioner must consider advice from at
4.19 least the following
stakeholders in developing statewide rigorous core academic standards
4.20 in language arts, mathematics,
science, social studies, including history, geography,
4.21 economics, government and
citizenship, health, and the arts:
4.22 (1) parents of school-age
children and members of the public throughout the state;
4.23 (2) teachers throughout the
state currently licensed and providing instruction in language
4.24 arts, mathematics, science,
social studies, health, or the arts and licensed elementary and
4.25 secondary school principals
throughout the state currently administering a school site;
4.26 (3) currently serving members
of local school boards and charter school boards throughout
4.27 the state;
4.28 (4) faculty teaching core
subjects at postsecondary institutions in Minnesota;
4.29 (5) representatives of the
Minnesota business community;
4.30 (6) representatives from the
Tribal Nations Education Committee and Tribal Nations
4.31 and communities in Minnesota,
including both Anishinaabe and Dakota; and
4.32 (7) current students, with
input from the Minnesota Youth Council.
5.1 (b) Academic standards must:
5.2 (1) be clear, concise,
objective, and measurable, and grade-level appropriate;
5.3 (2) not require a specific
teaching methodology or curriculum; and
5.4 (3) be consistent with the
Constitutions of the United States and the state of Minnesota.
5.5 Sec. 5. Minnesota Statutes
2024, section 120B.11, subdivision 1, is amended to read:
5.6 Subdivision
1.Definitions. For the purposes of this section and section 120B.10, the
5.7 following terms have the
meanings given them.
5.8 (a) "Instruction"
means methods of providing learning experiences that enable a student
5.9 to meet state and district
academic standards and graduation requirements including applied
5.10 and experiential learning.
5.11 (b) "Curriculum"
means district or school adopted programs and written plans for
5.12 providing students with
learning experiences that lead to expected knowledge and skills
5.13 and career and college
readiness.
5.14 (c) "Comprehensive
achievement and civic readiness" means striving to: meet school
5.15 readiness goals
create developmentally appropriate early learning experiences; close the
5.16 academic achievement gap among
all racial and ethnic groups of students and between
5.17 students living in poverty and
students not living in poverty; have all students attain career
5.18 and college readiness before
graduating from high school; have all students graduate from
5.19 high school; and prepare
students to be lifelong learners.
5.20 (d) "Experiential
learning" means learning for students that includes career exploration
5.21 through a specific class or
course or through work-based experiences such as job shadowing,
5.22 mentoring, entrepreneurship,
service learning, volunteering, internships, other cooperative
5.23 work experience, youth
apprenticeship, or employment.
5.24 (e) "Ethnic studies"
as defined in section 120B.25 has the same meaning for purposes
5.25 of this section. Ethnic studies
curriculum may be integrated in existing curricular
5.26 opportunities or provided
through additional curricular offerings.
5.27 (f) "Antiracist"
means actively working to identify and eliminate racism in all forms in
5.28 order to change policies,
behaviors, and beliefs that perpetuate racist ideas and actions.
5.29 (g) "Culturally
sustaining" means integrating content and practices that infuse the
culture
5.30 and language of Black,
Indigenous, and People of Color communities who have been and
5.31 continue to be harmed and erased
through the education system.
6.1 (h) "Institutional
racism" means structures, policies, and practices within and across
6.2 institutions that produce
outcomes that disadvantage those who are Black, Indigenous, and
6.3 People of Color.
6.4 Sec. 6. [121A.032]
BULLYING INTERVENTIONS AND SUPPORTS.
6.5 Subdivision
1.Purpose. It is the intent of the legislature to promote safe,
supportive,
6.6 and inclusive school
environments by ensuring that all students involved in bullying incidents,
6.7 including both the
target and the actor, receive appropriate interventions and supports. This
6.8 section recognizes
that punitive responses as the only response are insufficient to address
6.9 the root causes of
bullying behaviors and that supportive measures are essential for
6.10 prevention, healing, and
long-term school climate improvement.
6.11 Subd. 2.Definitions.
For purposes of this section, the following terms have the meanings
6.12 given:
6.13 (1) "actor"
means a student who engages in bullying behavior;
6.14 (2) "target"
means a student who experiences bullying behavior; and
6.15 (3) "supportive
interventions" include but are not limited to trauma-informed assessments,
6.16 culturally responsive
mental health services, restorative practices, counseling, and
6.17 individualized
educational or behavioral supports designed to address underlying causes of
6.18 behavior.
6.19 Subd. 3.Supportive
interventions required. (a) A school district or charter school
6.20 must provide supportive
interventions for both the target and the actor involved in a bullying
6.21 incident.
6.22 (b) Supportive
interventions for the actor may include:
6.23 (1) an assessment of
potential underlying causes of behavior, including trauma, unmet
6.24 mental health needs, or
experiences of exclusion;
6.25 (2) access to
appropriate mental health services and counseling;
6.26 (3) educational supports
and skill-building interventions focused on empathy, conflict
6.27 resolution, and healthy
relationships; and
6.28 (4) engagement of the
student's parent or guardian, when appropriate, in the development
6.29 and implementation of
the support plan.
6.30 (c) Supportive
interventions for the target must include access to counseling, mental
6.31 health services, and
other resources designed to restore safety and well-being.
7.1 (d) School districts
and charter schools must ensure that supportive interventions are
7.2 implemented equitably
and do not disproportionately exclude or punish students based on
7.3 race, ethnicity,
national origin, gender identity, sexual orientation, disability status, or
other
7.4 protected
characteristics.
7.5 Subd.
4.Policy alignment. (a) Each school district and charter school
must review and,
7.6 when necessary, revise
its bullying prevention policy to align with bill language.
7.7 (b) Policies must
remove references to "remedial responses" and replace the term with
7.8 language reflecting
comprehensive, supportive interventions.
7.9 (c) Policies must be
adopted before the start of the 2027-2028 school year.
7.10 EFFECTIVE DATE. This
section is effective August 1, 2026.
7.11 Sec. 7. Minnesota Statutes
2024, section 121A.038, subdivision 1, is amended to read:
7.12 Subdivision 1.Definitions. (a) For the
purposes of this section, the following terms have
7.13 the meanings given.
7.14 (b) "Active shooter
drill" means an emergency preparedness drill designed to teach
7.15 students, teachers, school
personnel, and staff how to respond in the event of an armed
7.16 intruder on campus or an armed
assailant in the immediate vicinity of the school. An active
7.17 shooter drill is not an active
shooter simulation, nor may an active shooter drill include any
7.18 sensorial components,
activities, or elements which mimic a real life shooting.
7.19 (c) "Active shooter
simulation" means an emergency exercise including full-scale or
7.20 functional exercises, designed
to teach adult school personnel and staff how to respond in
7.21 the event of an armed intruder
on campus or an armed assailant in the immediate vicinity
7.22 of the school which also
incorporates sensorial components, activities, or elements mimicking
7.23 a real life shooting.
Activities or elements mimicking a real life shooting include, but are
7.24 not limited to, simulation of
tactical response by law enforcement. An active shooter
7.25 simulation is not an active
shooter drill.
7.26 (d) "Evidence-based"
means a program or practice that demonstrates any of the following:
7.27 (1) a statistically significant
effect on relevant outcomes based on any of the following:
7.28 (i) strong evidence from one or
more well designed and well implemented experimental
7.29 studies;
7.30 (ii) moderate evidence from one
or more well designed and well implemented
7.31 quasi-experimental studies; or
8.1 (iii) promising evidence from
one or more well designed and well implemented
8.2 correlational studies with
statistical controls for selection bias; or
8.3 (2) a rationale based on
high-quality research findings or positive evaluations that the
8.4 program or practice is likely
to improve relevant outcomes, including the ongoing efforts
8.5 to examine the effects of the
program or practice.
8.6 (e) "Fire drill"
means an emergency preparedness drill designed to teach students,
8.7 teachers, school
personnel, and staff to quickly and expeditiously quit the premises in case
8.8 of fire or other
emergency while school is in operation.
8.9 (e) (f)
"Full-scale exercise" means an operations-based exercise that is
typically the most
8.10 complex and resource-intensive
of the exercise types and often involves multiple agencies,
8.11 jurisdictions, organizations,
and real-time movement of resources.
8.12 (f) (g)
"Functional exercise" means an operations-based exercise designed to
assess and
8.13 evaluate capabilities and
functions while in a realistic, real-time environment, however,
8.14 movement of resources is
usually simulated.
8.15 (h) "Lockdown
drill" means an emergency preparedness drill designed to teach students,
8.16 teachers, school
personnel, and staff how to respond when there is a threat or hazard inside
8.17 of a school building
requiring those individuals to lock classroom doors, turn off lights, and
8.18 stay out of sight.
8.19 (i)
"Shelter-in-place drill" means an emergency preparedness drill
designed to teach
8.20 students, teachers,
school personnel, and staff how to respond when specific protective
8.21 actions are needed to
keep those individuals inside of the school building based on a threat
8.22 or hazard such as severe
weather or hazmat spill.
8.23 Sec. 8. Minnesota Statutes
2024, section 121A.038, is amended by adding a subdivision
8.24 to read:
8.25 Subd. 1a.School
safety drills. (a) Districts and schools, in consultation with
students,
8.26 and parents or legal
guardians, to the extent practicable, shall adopt and implement statewide
8.27 guidance to support
school districts, charter schools, and nonpublic schools, including but
8.28 not limited to:
8.29 (1) fire drills;
8.30 (2) shelter-in-place
drills;
8.31 (3) lockdown drills; and
8.32 (4) active shooter
drills.
9.1 (b) The commissioner
shall make available resources for districts and charter schools
9.2 to adopt guidance in
accordance with this section. The guidance must:
9.3 (1) define and
distinguish each type of drill, including the differences between lockdown
9.4 and active shooter
drills;
9.5 (2) establish best
practices for the number and frequency of each drill type;
9.6 (3) include procedures
for assigning roles and responsibilities to all school staff, including
9.7 teachers,
paraprofessionals, custodians, cafeteria workers, office staff, and other
adults
9.8 present in the
building;
9.9 (4) provide
trauma-informed strategies for explaining drills to students in developmentally
9.10 appropriate ways,
including preparation and debriefing; and
9.11 (5) permit districts to
conduct certain drills without students present if doing so reduces
9.12 trauma and supports
adult preparedness and, on a cycle consistent with other district policies,
9.13 permit the district or
charter school to review and revise the plan, where appropriate.
9.14 Sec. 9. Minnesota Statutes 2024,
section 121A.49, is amended to read:
9.15 121A.49 APPEAL.
9.16 A party to an exclusion or
expulsion decision made under sections 121A.40 to 121A.56
9.17 may appeal the decision to the
commissioner of education within 21 calendar days of school
9.18 board action. Upon being served
with a notice of appeal, the district shall provide the
9.19 commissioner and the parent or
guardian with a complete copy of the hearing record,
9.20 including a written
transcript of the expulsion hearing, within five days of its receipt of the
9.21 notice of appeal. All written
submissions by the appellant must be submitted and served on
9.22 the respondent within ten days
of its actual receipt of the hearing record, including the
9.23 written transcript.
All written submissions by the respondent must be submitted and served
9.24 on the appellant within ten
days of its actual receipt of the written submissions of the
9.25 appellant. The decision of the
school board must be implemented during the appeal to the
9.26 commissioner.
9.27 In an appeal under this
section, the commissioner may affirm the decision of the agency,
9.28 may remand the decision for
additional findings, or may reverse or modify the decision if
9.29 the substantial rights of the
petitioners have been prejudiced because the administrative
9.30 findings, inferences,
conclusions, or decisions are:
9.31 (1) in violation of
constitutional provisions;
9.32 (2) in excess of the statutory
authority or jurisdiction of the school district;
10.1 (3) made upon unlawful
procedure, except as provided in section 121A.48;
10.2 (4) affected by other error of
law;
10.3 (5) unsupported by substantial
evidence in view of the entire record submitted; or
10.4 (6) arbitrary or capricious.
10.5 The commissioner or the
commissioner's representative shall make a final decision based
10.6 upon the record. The
commissioner shall issue a decision within 30 calendar days of receiving
10.7 the entire record and the
parties' written submission on appeal. The commissioner's decision
10.8 shall be final and binding upon
the parties after the time for appeal expires under section
10.9 121A.50.
10.10 Sec. 10. Minnesota Statutes 2025
Supplement, section 124D.111, subdivision 2a, is
10.11 amended to read:
10.12 Subd. 2a.Federal
child and adult care food program and federal summer food
10.13 service program; criteria
and notice; board of directors; salaries. (a) The commissioner
10.14 must post on the department's
website eligibility criteria and application information for
10.15 nonprofit organizations
interested in applying to the commissioner for approval as a multisite
10.16 sponsoring organization under
the federal child and adult care food program and federal
10.17 summer food service program. The
posted criteria and information must inform interested
10.18 nonprofit organizations about:
10.19 (1) the criteria the
commissioner uses to approve or disapprove an application, including
10.20 how an applicant demonstrates financial
viability for the Minnesota program, among other
10.21 criteria;
10.22 (2) the commissioner's process
and time line for notifying an applicant when its
10.23 application is approved or
disapproved and, if the application is disapproved, the explanation
10.24 the commissioner provides to the
applicant; and
10.25 (3) any appeal or other recourse
available to a disapproved applicant.
10.26 (b) The commissioner must
evaluate financial eligibility as part of the application process.
10.27 An organization applying to be a
prospective nonprofit multisite sponsoring organization
10.28 for the federal child and adult
care food program or the federal summer food service program
10.29 must provide documentation of
financial viability as an organization. Documentation must
10.30 include:
10.31 (1) evidence that the
organization has operated for at least one year and has filed at least
10.32 one tax return;
11.1 (2) the most recent tax return
submitted by the organization and corresponding forms
11.2 and financial statements;
11.3 (3) a profit and loss statement
and balance sheet or similar financial information; and
11.4 (4) evidence that at least ten
percent of the organization's operating revenue comes from
11.5 sources other than the United
States Department of Agriculture child nutrition program and
11.6 that the organization has
additional funds or a performance bond available to cover at least
11.7 one month of reimbursement
claims.
11.8 (c) When a nonprofit
organization applies for sponsorship as a multisite sponsoring
11.9 organization under the federal
child and adult care food program or federal summer food
11.10 service program, applications
are evaluated on the following criteria in addition to federal
11.11 requirements:
11.12 (1) any sponsor that applies to
receive reimbursement over the federal single audit
11.13 threshold, as defined in Code of
Federal Regulations, title 2, section 200, must ensure a
11.14 minimum of one full-time
equivalent financial director, or similar role, for the organization.
11.15 This position must be solely
dedicated to the responsibilities of a financial director, or similar
11.16 role, and be separate from any
other position within the organization;
11.17 (2) volunteers must not be
allowed to make organization-level decisions, monitor sites,
11.18 or provide financial oversight.
Board members, whether paid or unpaid, are not considered
11.19 volunteers; and
11.20 (3) unless granted special
approval by the commissioner, sponsoring organizations are
11.21 limited to an annual maximum
increase of 25 percent per program for the number of
11.22 sponsored sites and total
reimbursement.
11.23 (d) A nonprofit multisite
sponsoring organization must be governed by a board of
11.24 directors consistent with the
following requirements:
11.25 (1) board bylaws must outline
the procedures for changing the governance structure,
11.26 following the requirements of
chapter 317A; and
11.27 (2) board of director
meetings must comply with chapter 13D governing open meetings;
11.28 and
11.29 (3) (2) a
nonprofit multisite sponsoring organization must publish and maintain:
11.30 (i) the meeting minutes of the
board of directors and of members and committees having
11.31 board-delegated authority,
within 30 days following the earlier of the date of board approval
12.1 or the next regularly scheduled
meeting, and for at least 365 days from the date of publication;
12.2 and
12.3 (ii) directory information for
the board of directors and for the members of committees
12.4 having board-delegated
authority.
12.5 (e) The commissioner must post
annually on the department's website the approved
12.6 salary range for the positions
of executive director, financial director, monitoring staff,
12.7 administrative staff, and
officer-level positions for multisite sponsoring organizations under
12.8 the federal child and adult
care food program and federal summer food service program.
12.9 Salaries charged to the
nonprofit food service fund must fall within these ranges.
12.10 Sec. 11. Minnesota Statutes 2025
Supplement, section 124D.111, subdivision 6, is amended
12.11 to read:
12.12 Subd. 6.Second
lunch. A school that receives school lunch aid under this section must
12.13 allow a student to purchase a
second lunch entree, if available, at the nonprogram price if
12.14 the student has already selected
a reimbursable lunch.
12.15 Sec. 12. Minnesota Statutes 2025
Supplement, section 124D.1158, subdivision 5, is
12.16 amended to read:
12.17 Subd. 5.Second
breakfast. A school that receives school breakfast aid under this section
12.18 or under section 124D.111,
subdivision 1d, must allow a student to purchase a second
12.19 breakfast entree, if
available, at the nonprogram price if the student has already selected a
12.20 reimbursable breakfast.
12.21 Sec. 13. Minnesota Statutes
2024, section 124D.119, is amended by adding a subdivision
12.22 to read:
12.23 Subd. 6.Summer
Food Service Program applications. Consistent with Code of Federal
12.24 Regulations, title 7,
part 225, nonprofit organizations applying as new sponsors of the
12.25 Summer Food Service
Program must submit an application to the commissioner by May 1.
12.26 ARTICLE 2
12.27 EDUCATION EXCELLENCE
12.28 Section 1. Minnesota Statutes
2024, section 120B.022, subdivision 1b, is amended to read:
12.29 Subd. 1b.State
bilingual and multilingual seals. (a) Consistent with efforts to strive
12.30 for comprehensive achievement
and civic readiness under sections 120B.11 and 124E.03,
13.1 subdivision 2, paragraph (i),
and close the academic achievement and opportunity gap under
13.2 sections 124D.861 and 124D.862,
voluntary state bilingual and multilingual seals are
13.3 established to recognize
graduating high school students in any school district, charter
13.4 school, or nonpublic school who
demonstrate particular levels of proficiency in one or more
13.5 languages other than English.
The levels of proficiency established under this subdivision
13.6 are based on the ACTFL's
proficiency guidelines. A student is eligible for a seal in a language
13.7 other than English if the
student demonstrates proficiency derived from assessment in the
13.8 domains of listening, reading,
speaking, and writing on an assessment aligned with ACTFL
13.9 proficiency guidelines or on an
equivalent valid and reliable assessment at a level required
13.10 under paragraph (c). Indigenous
American Indian languages and American Sign Language
13.11 are languages other than English
for purposes of this subdivision and world languages for
13.12 purposes of subdivision 1a.
13.13 (b) In addition to paragraph
(a), to be eligible to receive a seal students must satisfactorily
13.14 complete all required English
language arts credits.
13.15 (c) Consistent with this
subdivision, a high school student who demonstrates an overall
13.16 intermediate high ACTFL level of
proficiency derived from assessment in the domains of
13.17 listening, reading, speaking, and
writing in one language in addition to English is eligible
13.18 to receive the state bilingual
gold seal. A high school student who demonstrates an overall
13.19 intermediate high ACTFL level of
proficiency derived from assessment in the domains of
13.20 listening, reading, speaking,
and writing in more than one language in addition to English
13.21 is eligible to receive the state
multilingual gold seal. A high school student who demonstrates
13.22 an overall advanced-low or above
ACTFL level of proficiency derived from assessment in
13.23 the domains of listening,
reading, speaking, and writing in one language in addition to
13.24 English is eligible to receive
the state bilingual platinum seal. A high school student who
13.25 demonstrates an overall
advanced-low or above ACTFL level of proficiency derived from
13.26 assessment in the domains of
listening, reading, speaking, and writing in more than one
13.27 language in addition to English
is eligible to receive the state multilingual platinum seal.
13.28 (d) School districts and charter
schools may give students periodic opportunities to
13.29 demonstrate their level of
proficiency in listening, speaking, reading, and writing in a
13.30 language in addition to English.
Where valid and reliable assessments aligned with ACTFL
13.31 proficiency guidelines are
unavailable for all four modalities, the department must establish
13.32 alternate options to
assess a student's level of non-English language proficiency under this
13.33 section. Alternate
assessment options may include but are not limited to:
14.1 (1) a school
district or charter school may rely on evaluators trained in assessing under
14.2 ACTFL proficiency guidelines to
assess a student's level of non-English language proficiency
14.3 under this section.;
14.4 (2) portfolio assessment
that demonstrates proficiency across multiple modalities; or
14.5 (3) modified assessment
requirements for languages where cultural or structural factors
14.6 make traditional four-modality
assessment inappropriate, as determined by the commissioner
14.7 in consultation with
language communities.
14.8 The department must
publish the alternate options and detailed guidelines for implementation
14.9 that ensure consistency
and maintain alignment with ACTFL proficiency standards. School
14.10 districts and charter schools
must maintain appropriate records to identify high school
14.11 students eligible to receive the
state bilingual or multilingual gold and platinum seals upon
14.12 graduation. The school district
or charter school must notate the appropriate seal to the
14.13 transcript of each high school
student who meets the requirements of this subdivision and
14.14 may affix the seal to the
student's diploma. A school district or charter school must not
14.15 charge the high school student a
fee for this seal.
14.16 (e) A school district or charter
school may award elective course credits in world
14.17 languages to a student who
demonstrates the requisite proficiency in a language other than
14.18 English under this section.
14.19 (f) A school district or charter
school may award community service credit to a student
14.20 who demonstrates an overall
intermediate high or above ACTFL level of proficiency derived
14.21 from assessment in the domains
of listening, reading, speaking, and writing in a language
14.22 other than English and who
participates in community service activities that are integrated
14.23 into the curriculum, involve the
participation of teachers, and support biliteracy in the school
14.24 or local community.
14.25 (g) The commissioner must list
on the web page the assessments that are aligned to
14.26 ACTFL proficiency guidelines,
and establish guidelines on interpreting the scores or ratings
14.27 from approved assessments.
14.28 (h) By August 1, 2015, the
colleges and universities of the Minnesota State Colleges
14.29 and Universities system must
establish criteria to translate the seals into college credits
14.30 based on the world language
course equivalencies identified by the Minnesota State Colleges
14.31 and Universities faculty and
staff and, upon request from an enrolled student, the Minnesota
14.32 State Colleges and Universities
may award foreign language credits to a student who received
14.33 a Minnesota World Language
Proficiency Certificate or Minnesota Bilingual or Multilingual
14.34 Seals under subdivision 1a. A
student who demonstrated the requisite level of language
15.1 proficiency in grade 10, 11, or
12 to receive a seal or certificate and is enrolled in a Minnesota
15.2 State Colleges and Universities
institution must request college credits for the student's seal
15.3 or proficiency certificate
within three academic years after graduating from high school.
15.4 The University of Minnesota is
encouraged to award students foreign language academic
15.5 credits consistent with this
paragraph.
15.6 Sec. 2. Minnesota Statutes 2025
Supplement, section 120B.12, subdivision 2, is amended
15.7 to read:
15.8 Subd. 2.Identification;
report. (a) Each school district must screen every student
15.9 enrolled in kindergarten, grade
1, grade 2, and grade 3 using a screening tool approved by
15.10 the Department of Education
three times each school year: (1) within the first six weeks of
15.11 the school year; (2) by February
15 each year; and (3) within the last six weeks of the school
15.12 year. Students enrolled in
kindergarten, grade 1, grade 2, and grade 3, including multilingual
15.13 learners, students receiving
special education services, and students enrolled in dual language
15.14 immersion programs, must be
universally screened for mastery of foundational reading
15.15 skills, including phonemic
awareness, phonics, decoding, fluency, oral language, and for
15.16 characteristics of dyslexia as
measured by a screening tool approved by the Department of
15.17 Education. The screening for
characteristics of dyslexia may be integrated with universal
15.18 screening for mastery of
foundational skills and expressive or and receptive language
15.19 mastery. The screening tool used
must be a valid and reliable universal screener that is
15.20 highly correlated with
foundational reading skills. For students reading at grade level,
15.21 beginning in the winter of grade
2, the oral reading fluency screener may be used to assess
15.22 reading difficulties, including
characteristics of dyslexia, without requiring a separate
15.23 screening of each subcomponent
of foundational reading skills. A district must submit data
15.24 on student performance in
kindergarten, grade 1, grade 2, and grade 3 on foundational
15.25 reading skills, including
phonemic awareness, phonics, decoding, fluency, and oral language
15.26 to the Department of Education
in the annual local literacy plan submission due on June
15.27 15. A parent, in consultation
with a teacher, may opt a student out of the literacy screener
15.28 if the parent and teacher
decide that continuing to screen would not be beneficial to the
15.29 student. In these limited
cases, the student must continue to receive progress monitoring
15.30 and literacy
interventions.
15.31 (b) For students enrolled in
dual language immersion programs:
15.32 (1) if students are screened in
the partner language, they must be screened at the same
15.33 interval as the screenings in
English under paragraph (a);
16.1 (2) if the program provides
instruction in foundational reading skills in English, the
16.2 students receiving that
instruction must be screened in English;
16.3 (3) if the program provides
instruction in foundational reading skills in the partner
16.4 language, the students
receiving that instruction must be screened in the partner language;
16.5 (4) if no screener is available
in the partner language, the districts must identify how
16.6 students' reading proficiency
is assessed and how the districts determine and provide targeted
16.7 reading instruction in the
partner language and supports to students identified as needing
16.8 additional support in
developing mastery of foundational reading skills; and
16.9 (5) the partner language
screening tool must be approved by the district for kindergarten
16.10 through grade 3 students.
16.11 (c) Students in grades 4 and
above, including multilingual learners and students receiving
16.12 special education services, who
are not reading at grade level must be screened for reading
16.13 difficulties, including
characteristics of dyslexia, using a screening tool approved by the
16.14 Department of Education, and
must continue to receive evidence-based instruction,
16.15 interventions, and progress
monitoring until the students achieve grade-level proficiency.
16.16 A parent, in consultation with a
teacher, may opt a student out of the literacy screener if the
16.17 parent and teacher decide that
continuing to screen would not be beneficial to the student.
16.18 In such limited cases, the student
must continue to receive progress monitoring and literacy
16.19 interventions.
16.20 (d) Reading screeners in
English, and in the predominant languages of district students
16.21 where practicable, must identify
and evaluate students' areas of academic need related to
16.22 literacy. The district also must
monitor the progress and provide reading instruction
16.23 appropriate to the specific
needs of multilingual learners. The district must use an approved,
16.24 developmentally appropriate, and
culturally responsive screener and annually report summary
16.25 screener results to the
commissioner by June 15 in the form and manner determined by the
16.26 commissioner.
16.27 (e) The district also must
include in its local literacy plan under subdivision 4a, a summary
16.28 of the district's efforts to
screen, identify, and provide interventions to students who
16.29 demonstrate characteristics of
dyslexia as measured by a screening tool approved by the
16.30 Department of Education. Districts
are strongly encouraged to use a MTSS framework.
16.31 With respect to students
screened or identified under paragraph (a), the report must include:
16.32 (1) a summary of the district's
efforts to screen for characteristics of reading difficulties,
16.33 including dyslexia;
17.1 (2) the number of students
universally screened for that reporting year;
17.2 (3) the number of students
demonstrating characteristics of dyslexia for that year; and
17.3 (4) an explanation of how
students identified under this subdivision are provided with
17.4 alternate instruction and
interventions under section 125A.56, subdivision 1.
17.5 Sec. 3. Minnesota Statutes 2025
Supplement, section 120B.12, subdivision 2a, is amended
17.6 to read:
17.7 Subd. 2a.Parent
notification and involvement. (a) A district must administer an
17.8 approved reading screener to
students in kindergarten through grade 3 within the first six
17.9 weeks of the school year, by
February 15 each year, and again within the last six weeks of
17.10 the school year. Schools, after
administering each screener, must follow the language access
17.11 plan under section 123B.32 and
give the parent of each student who is not reading at or
17.12 above grade level information
from the screener about:
17.13 (1) the student's reading
proficiency as measured by a screener approved by the
17.14 Department of Education;
17.15 (2) reading-related services
currently being provided to the student and the student's
17.16 progress; and
17.17 (3) strategies for parents to
use at home in helping their student succeed in becoming
17.18 grade-level proficient in
reading in English and in their native language.
17.19 (b) A district must
administer an approved reading screener to students in grades 4
17.20 through 12 who are not
reading at grade level at least once per year until the student reaches
17.21 grade-level proficiency.
17.22 (b) (c) For
students enrolled in dual language immersion programs, the district must
17.23 measure the student's reading
proficiency in English or in the program's partner language,
17.24 if available, according to
subdivision 2. Following the district's language access plan under
17.25 section 123B.32, the district
must notify families with timely information about students'
17.26 reading proficiency, including
how the student's reading proficiency is assessed, any
17.27 reading-related services or
supports provided to the student and the student's progress, and
17.28 strategies for families to use
at home in helping students succeed in becoming grade-level
17.29 proficient in reading in English
or the partner language. The dual language immersion
17.30 program may provide information
about national research on reading proficiency for students
17.31 in dual language immersion
programs in the parent notification.
18.1 (c) (d) A
district may not use this section to deny a student's right to a special
education
18.2 evaluation.
18.3 Sec. 4. Minnesota Statutes 2025
Supplement, section 120B.124, subdivision 5, is amended
18.4 to read:
18.5 Subd. 5.Ongoing
review of literacy materials. By June 1, 2026, the department must
18.6 establish an ongoing
review process for curriculum and intervention materials in order to
18.7 identify those that are
evidence-based, focused on structured literacy, culturally and
18.8 linguistically
responsive, and reflective of diverse populations. The department may
partner
18.9 with one or more institutions
of higher education or a third party to conduct independent
18.10 and objective reviews of
curriculum and intervention materials. The department must
18.11 determine whether it will
partner with an institution of higher education to conduct ongoing
18.12 reviews of literacy materials by
June 1, 2026. A publisher may submit curriculum or
18.13 intervention materials for
review. The publisher is responsible for paying the cost of the
18.14 review directly to the
institution of higher education. The review must use the Read Act
18.15 rubric used to approve
curriculum and post. The department may modify the rubric to reflect
18.16 the needs of grade levels
and special populations, including the Minnesota English Language
18.17 Arts standards and
culturally and linguistically responsive criteria. The rubric must be
posted
18.18 on the department website.
The department and institution of higher education may approve
18.19 the curriculum or intervention
materials if they determine, in partnership with the reviewing
18.20 institution or a third
party, that the curriculum or intervention materials are evidence-based,
18.21 focused on structured literacy,
culturally and linguistically responsive, and reflect diverse
18.22 populations. The department must
add the approved curriculum or intervention materials
18.23 to the list of curricula and
materials approved under the Read Act. Following each review
18.24 cycle, the department
must post the findings of the curriculum review and intervention
18.25 materials on the
department website.
18.26 Sec. 5. Minnesota Statutes 2025
Supplement, section 124D.09, subdivision 5, is amended
18.27 to read:
18.28 Subd. 5.Authorization;
notification. (a) Notwithstanding any other law to the contrary,
18.29 an 11th or 12th grade pupil
enrolled in a school district, a charter school, or an American
18.30 Indian-controlled Tribal
contract or grant school eligible for aid under section 124D.83,
18.31 except a foreign exchange pupil
enrolled in a district under a cultural exchange program,
18.32 may apply to an eligible
institution, as defined in subdivision 3, to enroll in nonsectarian
18.33 courses offered by that
postsecondary institution. The provisions in this section, including
18.34 approved admissions
standards submitted by an eligible institution, are the only bases upon
19.1 which a pupil described
in this subdivision may not be permitted to participate in a course
19.2 offered by an eligible
institution.
19.3 (b) If an eligible institution
accepts a secondary pupil for enrollment under this section,
19.4 the eligible institution
shall send written notice to the pupil, the pupil's school or school
19.5 district, and the commissioner.
The notice must indicate the course and hours of enrollment
19.6 of that pupil. The eligible institution
must notify the pupil's school as soon as practicable
19.7 if the pupil withdraws from the
enrolled course. The eligible institution must also notify the
19.8 pupil's school as soon as
practicable if the pupil has been absent from a course for ten
19.9 consecutive days on which
classes are held, based upon the postsecondary institution's
19.10 academic calendar, and the pupil
is not receiving instruction in their home or hospital or
19.11 other facility.
19.12 (c) If the pupil enrolls in a
course for postsecondary credit, the eligible institution must
19.13 notify:
19.14 (1) the pupil about
payment in the customary manner used by the eligible institution;
19.15 and
19.16 (2) the pupil's school as
soon as practicable if the pupil withdraws from the course or
19.17 stops attending the
course.
19.18 Sec. 6. Minnesota Statutes 2025
Supplement, section 124D.09, subdivision 7, is amended
19.19 to read:
19.20 Subd. 7.Dissemination
of information; notification of intent to enroll. By the earlier
19.21 of (1) three weeks prior to the
date by which a student must register for school district,
19.22 charter school, or Tribal
contract school courses for the following school year, or (2) March
19.23 1 of each year, a school
district, charter school, or Tribal contract school must provide
19.24 up-to-date information on the
school district's, charter school's, or Tribal contract school's
19.25 website and in materials that
are distributed to parents and students about the program,
19.26 including information about
enrollment requirements and the ability to earn postsecondary
19.27 credit to all pupils in grades
8, 9, 10, and 11. To assist the school district, charter school, or
19.28 Tribal contract school in
planning, by May 30 of each year, a pupil must inform the school
19.29 district, charter school, or
Tribal contract school by October 30 or May 30 of each year of
19.30 the pupil's intent to
enroll in postsecondary courses during the following academic term. A
19.31 pupil is bound by
notifying or not notifying the school district, charter school, or Tribal
19.32 contract school by
October 30 or May 30 of the pupil's intent to enroll in courses during
19.33 the subsequent school
year. If a pupil does not provide notice by May 30, and does not
19.34 participate in a
postsecondary course during the fall term, the pupil must provide notice by
20.1 October 30 to
participate in a postsecondary course during the spring term of the same
20.2 academic year. An
enrollment notification is required once per each academic year.
20.3 Sec. 7. Minnesota Statutes 2025
Supplement, section 124D.09, subdivision 12, is amended
20.4 to read:
20.5 Subd. 12.Credits;
grade point average weighting policy. (a) A pupil must not audit
20.6 a course under this section.
20.7 (b) A school district, charter
school, or Tribal contract school must grant academic credit
20.8 to a pupil enrolled in a course
for secondary credit if the pupil successfully completes the
20.9 course. Seven quarter or four
semester college credits equal at least one full year of high
20.10 school credit. Fewer college
credits may be prorated. A school district, charter school, or
20.11 Tribal contract school must also
grant academic credit to a pupil enrolled in a course for
20.12 postsecondary credit if
secondary credit is requested by a pupil. If no comparable course is
20.13 offered by the school district,
charter school, or Tribal contract school, the school district,
20.14 charter school, or Tribal
contract school must, as soon as possible, notify the commissioner,
20.15 who must determine the number of
credits that must be granted to a pupil who successfully
20.16 completes a course. If a
comparable course is offered by the school district, charter school,
20.17 or Tribal contract school, the
school board must grant a comparable number of credits to
20.18 the pupil. If there is a dispute
between the school district, charter school, or Tribal contract
20.19 school and the pupil regarding
the number of credits granted for a particular course, the
20.20 pupil may appeal the board's
decision to the commissioner. The commissioner's decision
20.21 regarding the number of credits
is final.
20.22 (c) A school board must adopt a
policy regarding weighted grade point averages for any
20.23 high school or dual enrollment
course. A school board must adopt an identical policy
20.24 regarding weighted grade point
averages for credits earned via postsecondary coursework
20.25 as it gives to credits earned
via concurrent enrollment coursework. The policy must state
20.26 whether the school district,
charter school, or Tribal contract school offers weighted grades.
20.27 A school board must annually
publish on its website a list of courses for which a student
20.28 may earn a weighted grade.
20.29 (d) The secondary credits
granted to a pupil must be counted toward the graduation
20.30 requirements and subject area
requirements of the school district, charter school, or Tribal
20.31 contract school demonstrating
that a student meets or exceeds a specific academic standard
20.32 required for graduation
under section 120B.02. Evidence of successful completion of each
20.33 course and secondary credits
granted must be included in the pupil's secondary school
20.34 record. A pupil must provide the
school with a copy of the pupil's grades in each course
21.1 taken for secondary credit
under this section, including interim or nonfinal grades earned
21.2 during the academic term. Upon
the request of a pupil, the pupil's secondary school record
21.3 must also include evidence of
successful completion of academic credits and credits granted
21.4 for a course taken for postsecondary
credit. In either case, the record must indicate that the
21.5 credits were earned at a
postsecondary institution.
21.6 (e) An enrolling district
may request the pupil provide the postsecondary course syllabus
21.7 and other materials
necessary to review whether the academic standards in the postsecondary
21.8 course meet or exceed
the academic standards in the course it would replace at the enrolling
21.9 district.
21.10 (f) Within 15 days after
receiving the requested course syllabus and other materials, the
21.11 enrolling district must
notify the pupil whether the enrolling district agrees that academic
21.12 standards in the
postsecondary course meet or exceed the academic standards in the course
21.13 it would replace at the enrolling
district. If the enrolling district does not agree that the
21.14 academic standards in the
online course meet or exceed the academic standards in the course
21.15 it would replace at the
enrolling district, then the enrolling district must provide the pupil
21.16 a written explanation of
the district's review process and decision.
21.17 (g) If there is a dispute
between the district, charter school, or Tribal contract school and
21.18 the pupil regarding the
number of credits granted or completion of standards in a particular
21.19 course, the pupil may
appeal the board's decision to the commissioner. The commissioner's
21.20 decision regarding the
completion of standards and number of credits is final.
21.21 (e) (h) If a
pupil enrolls in a postsecondary institution after leaving secondary school,
21.22 the postsecondary institution
must award postsecondary credit for any course successfully
21.23 completed for secondary credit
at that institution. Other postsecondary institutions may
21.24 award, after a pupil leaves
secondary school, postsecondary credit for any courses
21.25 successfully completed under
this section. An institution may not charge a pupil for the
21.26 award of credit.
21.27 (f) (i) The Board
of Trustees of the Minnesota State Colleges and Universities and the
21.28 Board of Regents of the
University of Minnesota must, and private nonprofit and proprietary
21.29 postsecondary institutions
should, award postsecondary credit for any successfully completed
21.30 courses in a program certified
by the National Alliance of Concurrent Enrollment Partnerships
21.31 offered according to an
agreement under subdivision 10. Consistent with section 135A.101,
21.32 subdivision 3, all MnSCU
institutions must give full credit to a secondary pupil who
21.33 completes for postsecondary
credit a postsecondary course or program that is part or all of
21.34 a goal area or a transfer
curriculum at a MnSCU institution when the pupil enrolls in a
22.1 MnSCU institution after leaving
secondary school. Once one MnSCU institution certifies
22.2 as completed a secondary
student's postsecondary course or program that is part or all of a
22.3 goal area or a transfer
curriculum, every MnSCU institution must consider the student's
22.4 course or program for that goal
area or the transfer curriculum as completed.
22.5 Sec. 8. REPEALER.
22.6 Minnesota Statutes 2025 Supplement, section 120B.124,
subdivision 6, is repealed.
22.7 ARTICLE 3
22.8 CHARTER SCHOOLS
22.9 Section 1. Minnesota Statutes
2025 Supplement, section 124E.03, subdivision 2, is amended
22.10 to read:
22.11 Subd. 2.Certain
federal, state, and local requirements. (a) A charter school shall
22.12 meet all federal, state, and
local health and safety requirements applicable to school districts.
22.13 (b) A charter school must comply
with chapter 120B.
22.14 (c) A charter school must comply
with the Minnesota Public School Fee Law, sections
22.15 123B.34 to 123B.39.
22.16 (d) A charter school is a
district for the purposes of tort liability under chapter 466.
22.17 (e) A charter school must comply
with the Pledge of Allegiance requirement under
22.18 section 121A.11, subdivision 3.
22.19 (f) A charter school and charter
school board of directors must comply with chapter 181
22.20 governing requirements for
employment.
22.21 (g) A charter school must comply
with continuing truant notification under section
22.22 260A.03.
22.23 (h) A charter school must
develop and implement a teacher evaluation and peer review
22.24 process under section 122A.40,
subdivision 8, paragraph (b), clauses (2) to (13), and place
22.25 students in classrooms in
accordance with section 122A.40, subdivision 8, paragraph (d).
22.26 The teacher evaluation process
in this paragraph does not create any additional employment
22.27 rights for teachers.
22.28 (i) A charter school must adopt
a plan, budget, and process, consistent with section
22.29 120B.11, to review curriculum,
instruction, and student achievement and strive for
22.30 comprehensive achievement and
civic readiness.
23.1 (j) A charter school is subject
to and must comply with the Pupil Fair Dismissal Act,
23.2 sections 121A.40 to 121A.56 and
121A.575, 121A.60, 121A.61, and 121A.65.
23.3 (k) A charter school must
comply with the limits on screen time under section 124D.166.
23.4 Sec. 2. Minnesota Statutes
2024, section 124E.05, subdivision 6, is amended to read:
23.5 Subd. 6.Corrective
action. (a) If, consistent with this chapter, the commissioner finds
23.6 that an authorizer has not met
the requirements of this chapter, the commissioner may subject
23.7 the authorizer to a corrective
action plan, which may last no longer than 130 145 business
23.8 days. The commissioner may
prohibit an authorizer on a corrective action plan from accepting
23.9 a transfer application from a
charter school and an application to establish a charter school.
23.10 (b) The commissioner must notify
the authorizer in writing that the authorizer has been
23.11 placed on a corrective action
plan. The notice must include any the commissioner's findings
23.12 that may subject the
authorizer to corrective action at the conclusion of the corrective plan
23.13 and consistent
with paragraph (a). The authorizer then has 15 business days to request an
23.14 informal hearing before the
commissioner takes corrective action. The commissioner must
23.15 hold an informal hearing within
15 business days of the request. The commissioner must
23.16 make a determination on
placing the authorizer on a corrective action plan within 15 business
23.17 days of the informal
hearing. If the issues identified as the basis for the corrective action
23.18 are not resolved at the
informal hearing authorizer is placed on a corrective action plan,
the
23.19 authorizer must make the
requested improvements and notify the commissioner of the
23.20 improvements within 45 business
days. Within 20 business days, the commissioner must
23.21 review the changes and notify
the authorizer of any remaining issues to be resolved. An
23.22 authorizer must address the
remaining issues as directed by the commissioner within 20
23.23 business days. Within 15
business days, the commissioner must review the changes and
23.24 notify the authorizer whether
all issues in the corrective action plan have been resolved.
23.25 (c) If the commissioner
terminates the authorizer's ability to charter a school, the
23.26 commissioner must assist the
affected charter school in acquiring a new authorizer. A charter
23.27 school board of directors
may submit to the commissioner a request to transfer to a new
23.28 authorizer without the
approval or consent of the current authorizer if that authorizer has
23.29 been under a corrective
action plan for more than 130 business days. The new authorizer
23.30 and school must submit a
change in authorizer request to the commissioner under section
23.31 124E.10, subdivision 5,
without the required mutual agreement of the terminated authorizer.
23.32 (d) The commissioner may at
any time take corrective action against an authorizer,
23.33 including terminating an
authorizer's ability to charter a school, terminating a contract with
23.34 a charter school, and other
appropriate sanctions for:
24.1 (1) failing to demonstrate the
criteria under subdivision 3 under which the commissioner
24.2 approved the authorizer;
24.3 (2) violating a term of the chartering
charter contract between the authorizer and the
24.4 charter school board of
directors;
24.5 (3) unsatisfactory performance
as an approved authorizer;
24.6 (4) any good cause shown that
gives the commissioner a legally sufficient reason to take
24.7 corrective action against an
authorizer; or
24.8 (5) failing to meet the terms
of a corrective action plan by the specified deadline.
24.9 Sec. 3. Minnesota Statutes
2024, section 124E.05, subdivision 8, is amended to read:
24.10 Subd. 8.Reports.
By September 30 of each year, an authorizer shall publish on its
24.11 website and submit to
the commissioner a: (i) an annual financial statement of
income and
24.12 expenditures
identifying the authorizer's sources of income related to authorizing
activities
24.13 and the authorizer's
expenses, including staff, consultants, facility, professional development,
24.14 transportation,
membership dues, technology, office supplies, bank fees, administrative
24.15 overhead, and
professional fees for accounting, legal, and financial services; and (ii) a
24.16 balance sheet related to
authorizing activities summarizing assets and liabilities related to
24.17 chartering activities during the
previous school year ending June 30. The authorizer must
24.18 transmit a copy of the statement
to all schools it charters.
24.19 Sec. 4. Minnesota Statutes 2024,
section 124E.07, subdivision 1, is amended to read:
24.20 Subdivision 1.Initial
board of directors. (a) Before entering into a contract or other
24.21 agreement for professional or
other services, goods, or facilities, the operators authorized
24.22 to organize and operate a school
must establish a board of directors composed of at least
24.23 five members. The initial board
members must not be related parties. The initial board
24.24 continues to serve until a
timely election for members of the ongoing charter school board
24.25 of directors is held according
to the school's articles and bylaws under subdivision 4. The
24.26 initial board of directors and
school developers must comply with the training requirements
24.27 in subdivision 7 upon the
incorporation of the school.
24.28 (b) The initial board must
include:
24.29 (1) at least one licensed
teacher;
24.30 (2) at least one
prospective parent or legal guardian of a student who is not an employee
24.31 of the charter school;
and
25.1 (3) at least one
interested community member.
25.2 (c) An individual
serving on the initial board must reside in Minnesota.
25.3 Sec. 5. Minnesota Statutes 2025
Supplement, section 124E.07, subdivision 2, is amended
25.4 to read:
25.5 Subd. 2.Ongoing
board of directors. (a) The initial board must begin the transition
to
25.6 the ongoing board structure by
the end of the first year of operation and complete the
25.7 transition by the end of the
second year of operation. The terms of board members shall
25.8 begin on July 1. Terms shall be
no less than two years. The bylaws shall set the number of
25.9 terms an individual may serve
on the board and as an officer of the board.
25.10 (b) A board member who is
paid for serving on the charter school board must not receive
25.11 more compensation for
their role as a charter school board member than a school board
25.12 member in the school
district in which the charter school is located.
25.13 Sec. 6. Minnesota Statutes 2025
Supplement, section 124E.07, subdivision 3, is amended
25.14 to read:
25.15 Subd. 3.Membership
criteria. (a) The ongoing charter school board of directors shall
25.16 have at least five members. The
board members must not be related parties. The ongoing
25.17 board must include: (1) at least
one licensed teacher; (2) at least one parent or legal guardian
25.18 of a student enrolled in the
charter school who is not an employee of the charter school; and
25.19 (3) at least one interested
community member. A community member serving on the board
25.20 must reside in Minnesota, must
not have a child enrolled in the school, and must not be an
25.21 employee of the charter school.
25.22 (b) To serve as a licensed
teacher on a charter school board, an individual must:
25.23 (1) be employed by the school or
provide at least 720 hours of service under a contract
25.24 between the charter school and a
teacher cooperative;
25.25 (2) be a qualified teacher as
defined under section 122A.16, either serving as a teacher
25.26 of record in a field in which
the individual has a field license, or providing services to
25.27 students the individual is
licensed to provide; and
25.28 (3) not serve in an
administrative or supervisory capacity for more than 240 hours in a
25.29 school calendar year.
26.1 (c) The board structure must
be defined in the bylaws. The board structure may (1) be
26.2 a majority of teachers
under paragraph (b), (2) be a majority of parents, (3) be a majority
26.3 of community members, or
(4) have no clear majority.
26.4 (d) (c) The
chief administrator may only serve as an ex-officio nonvoting board member.
26.5 No charter school employees shall
serve on the board other than teachers under paragraph
26.6 (b).
26.7 (e) A contractor providing
facilities, goods, or services to a charter school must not serve
26.8 on the board of
directors. In addition, an individual is prohibited from serving as a member
26.9 of the charter school
board of directors if: (1) the individual, an immediate family member,
26.10 or the individual's
partner is a full or part owner or principal with a for-profit or nonprofit
26.11 entity or independent
contractor with whom the charter school contracts, directly or indirectly,
26.12 for professional
services, goods, or facilities; or (2) an immediate family member is an
26.13 employee of the school.
An individual may serve as a member of the board of directors if
26.14 no conflict of interest
exists under this paragraph, consistent with this section.
26.15 (f) A violation of
paragraph (e) renders a contract voidable at the option of the
26.16 commissioner or the
charter school board of directors. A member of a charter school board
26.17 of directors who violates
paragraph (e) is individually liable to the charter school for any
26.18 damage caused by the
violation.
26.19 (g) Any employee, agent,
contractor, or board member of the authorizer who participates
26.20 in initially reviewing,
approving, overseeing, evaluating, renewing, or not renewing the
26.21 charter school is
ineligible to serve on the board of directors of a school chartered by that
26.22 authorizer.
26.23 (h) An individual is prohibited
from serving on more than one charter school board at
26.24 the same time in either
an elected or ex-officio capacity, except that an individual serving
26.25 as an administrator
serving more than one school under section 124E.12, subdivision 2,
26.26 paragraph (f), may serve
on each board as an ex-officio member. A board member who
26.27 violates this paragraph
is ineligible to continue to serve as a charter school board member
26.28 and is ineligible to be
elected or appointed to a charter school board for 24 months.
26.29 (i) A board member, who
is paid for serving on the charter school board, must not receive
26.30 more compensation for
their role as a charter school board member than a school board
26.31 member in the school
district in which the charter school is located.
27.1 Sec. 7. Minnesota Statutes
2024, section 124E.07, is amended by adding a subdivision to
27.2 read:
27.3 Subd. 3a.Conflict
of interest. (a) A contractor providing facilities, goods, or
services
27.4 to a charter school must
not serve on the board of directors. In addition, an individual is
27.5 prohibited from serving
as a member of the charter school board of directors if:
27.6 (1) the individual, an
immediate family member, or the individual's partner is a full or
27.7 part owner or principal
with a for-profit or nonprofit entity or independent contractor with
27.8 whom the charter school
contracts, directly or indirectly, for professional services, goods,
27.9 or facilities; or
27.10 (2) an immediate family
member is an employee of the school.
27.11 An individual may serve
as a member of the board of directors if no conflict of interest
27.12 exists under this
paragraph, consistent with this section.
27.13 (b) A violation of
paragraph (a) renders a contract voidable at the option of the
27.14 commissioner or the
charter school board of directors. A member of a charter school board
27.15 of directors who violates
paragraph (a) is individually liable to the charter school for any
27.16 damage caused by the
violation.
27.17 (c) Any employee, agent,
contractor, or board member of the authorizer who participates
27.18 in initially reviewing,
approving, overseeing, evaluating, renewing, or not renewing the
27.19 charter school is
ineligible to serve on the board of directors of a school chartered by that
27.20 authorizer.
27.21 (d) An individual is
prohibited from serving on more than one charter school board at
27.22 the same time in either
an elected or ex-officio capacity, except that an individual serving
27.23 as an administrator
serving more than one school under section 124E.12, subdivision 2,
27.24 paragraph (f), may serve
on each board as an ex-officio member. A board member who
27.25 violates this paragraph
is ineligible to continue to serve as a charter school board member
27.26 and is ineligible to be
elected or appointed to a charter school board for 24 months.
27.27 Sec. 8. Minnesota Statutes 2024,
section 124E.07, subdivision 4, is amended to read:
27.28 Subd. 4.
Board structure. (a) The board structure must be defined in the bylaws.
The
27.29 board structure may:
27.30 (1) be a majority of
teachers under paragraph (b);
27.31 (2) be a majority of
parents;
27.32 (3) be a majority of
community members; or
28.1 (4) have no clear
majority.
28.2 (b) Board bylaws
shall outline the process and procedures for changing the board's
28.3 governance structure,
consistent with chapter 317A. A board may change its governance
28.4 structure only:
28.5 (1) by a majority vote of the
board of directors;
28.6 (2) by a majority vote of the
licensed teachers employed by the school as teachers who
28.7 provide instruction to
students, including licensed teachers providing instruction under a
28.8 contract between the school and
a cooperative; and
28.9 (3) with the authorizer's
approval.
28.10 Any change in board governance
structure must conform with the board composition
28.11 established under this section.
28.12 Sec. 9. Minnesota Statutes 2024,
section 124E.07, subdivision 8, is amended to read:
28.13 Subd. 8.Meetings
and information. (a) Board of director meetings must comply with
28.14 chapter 13D governing open
meetings.
28.15 (b) A charter school shall
publish and maintain on the school's official website: (1) the
28.16 meeting minutes of the board of
directors and of members and committees having
28.17 board-delegated authority,
within 30 days following the earlier of the date of board approval
28.18 or the next regularly scheduled
meeting, and for at least 365 days from the date of publication;
28.19 (2) directory information for
the board of directors and for the members of committees
28.20 having board-delegated
authority; and (3) identifying and contact information for the school's
28.21 authorizer.
28.22 (c) A charter school must
include identifying and contact information for the school's
28.23 authorizer in other school
materials it makes available to the public.
28.24 (d) Meeting minutes must
include at least the following: (1) the subject matter of a
28.25 motion; (2) the persons
making and seconding a motion; (3) the roll call for a motion; (4)
28.26 the character of
resolutions offered, including a brief description of their subject matter; (5)
28.27 whether a motion to
approve a resolution was defeated or adopted; (6) the identity of any
28.28 party to whom a contract
was awarded; (7) any abstentions from voting, including the
28.29 member's name and reason
for abstention; (8) reasons the governing body awarded a
28.30 particular contract to a
bidder other than the lowest bidder; (9) approval of hourly rates for
28.31 services provided, mileage
rates, meal reimbursement amounts, and per diem amounts; (10)
28.32 a list of all bills
allowed or approved for payment, including per diem payments, noting the
29.1 recipient, purpose, and
amount; (11) a list of all transfers of funds; (12) appointments of
29.2 representatives to
committees; and (13) reports of the officers.
29.3 Sec. 10. Minnesota Statutes
2024, section 124E.08, is amended to read:
29.4 124E.08 CHARTER SCHOOL AND
SCHOOL DISTRICT COLLABORATION.
29.5 Subdivision
1.Collaboration between a charter school and school district. (a) A
29.6 charter school board may
voluntarily enter into a two-year, renewable collaboration
29.7 agreement with a school
district in which the charter school is geographically located to
29.8 enhance the achievement of the
students in the district and the students in the charter school.
29.9 (b) A school district
does not need to be either an approved authorizer or the authorizer
29.10 of the charter school to enter
into a collaboration agreement under this section.
29.11 (c) A charter school
authorizer is prohibited from requiring a collaboration agreement
29.12 as a condition of entering into
or renewing a charter contract as defined in section 124E.10,
29.13 subdivision 1.
29.14 (d) Nothing in this section
or in the collaboration agreement may impact in any way the
29.15 authority or autonomy of
the charter school.
29.16 (e) Nothing in this
section or in the collaboration agreement shall cause the state to pay
29.17 twice for the same student,
service, or facility or otherwise impact state funding or payment
29.18 to the school district or
the charter school.
29.19 Subd. 2.Collaboration
agreement provisions. (b) (a) The collaboration agreement
29.20 may include, but is not limited
to, collaboration regarding facilities, transportation, training,
29.21 student achievement,
assessments, mutual performance standards, and other areas of mutual
29.22 agreement.
29.23 (c) (b) For
purposes of student assessment and reporting to the state under section
29.24 120B.36, the school district may
include the academic performance of the students of a
29.25 collaborative charter school
site under subdivision 1, paragraph (a).
29.26 Subd. 3.Accountability
measures. Districts,
authorizers, or charter schools entering
29.27 into a collaborative
collaboration agreement are equally and collectively subject to the same
29.28 state and federal accountability
measures for student achievement, school performance
29.29 outcomes, and school improvement
strategies. The collaborative collaboration agreement
29.30 and all accountability measures
must be posted on the district, charter school, and authorizer
29.31 websites.
30.1 (d) Nothing in this section
or in the collaboration agreement may impact in any way the
30.2 authority or autonomy of
the charter school.
30.3 (e) Nothing in this
section or in the collaboration agreement shall cause the state to pay
30.4 twice for the same
student, service, or facility or otherwise impact state funding or payment
30.5 to the school district
or the charter school.
30.6 Sec. 11. Minnesota Statutes
2025 Supplement, section 124E.17, subdivision 1, is amended
30.7 to read:
30.8 Subdivision 1.Charter
school information. (a) Charter schools must disseminate
30.9 information about the school's
offerings and enrollment procedures to families that reflect
30.10 the diversity of Minnesota's
population and targeted groups. Targeted groups include
30.11 low-income families and
communities, students of color, students at risk of academic failure,
30.12 and students underrepresented in
the school's student body relative to Minnesota's population.
30.13 The school must document its
dissemination activities in the school's annual report. The
30.14 school's dissemination
activities must be a component of the authorizer's performance review
30.15 of the school.
30.16 (b) Authorizers and the
commissioner must disseminate information to the public on
30.17 how to form and operate a
charter school. Authorizers, operators, and the commissioner
30.18 also may disseminate information
to interested stakeholders about the successful best
30.19 practices in teaching and
learning demonstrated by charter schools.
30.20 (c) For each charter school it authorizes,
within 15 business days of execution, an
30.21 authorizer must publish on its
website for at least five years from the date of issuance all
30.22 charter contracts and amendments
executed under section 124E.10; school performance
30.23 reviews including the
performance evaluations required by section 124E.10, subdivision 1,
30.24 paragraph (a), clause (6), if
different; notices of intent to terminate or not renew the charter
30.25 contract and related final
determinations; and unresolved notices of intervention, deficiency,
30.26 concern, corrective action, or
probationary status.
30.27 (d) Each charter school must
post a link in a conspicuous place on the school's official
30.28 website to the section of its
authorizer's website where information listed in paragraph (c)
30.29 specific to that school is
published. A charter school must also, upon the request of the
30.30 authorizer, distribute
information from their authorizer about interventions, corrective
30.31 actions, and probationary status
by publication, mail, or electronic means to its authorizer,
30.32 school employees, and parents
and legal guardians of students enrolled in the charter school
30.33 in languages parents and
legal guardians of students enrolled in the charter school understand,
31.1 consistent with the
school's language access plan under section 124E.03, subdivision 9,
31.2 paragraph (b).
31.3 Sec. 12. Minnesota Statutes
2025 Supplement, section 124E.17, subdivision 2, is amended
31.4 to read:
31.5 Subd. 2.Financial
information. (a) Upon request of an individual, the charter school
31.6 must make available in a timely
fashion financial statements showing all operations and
31.7 transactions affecting the
school's income, surplus, and deficit during the last annual
31.8 accounting period; and a
balance sheet summarizing assets and liabilities on the closing
31.9 date of the accounting period.
31.10 (b) An authorizer must
publish on its website an annual financial statement identifying
31.11 its sources of income
related to authorizing activities and its authorizing expenses including
31.12 staff, consultants,
facility, professional development, transportation, membership dues,
31.13 technology, office
supplies, bank fees, administrative overhead, and professional fees for
31.14 accounting, legal, and
financial services, consistent with section 124E.05, subdivision 8,
31.15 and a balance sheet
related to authorizing activities summarizing assets and liabilities.
31.16 Sec. 13. Minnesota Statutes 2025
Supplement, section 124E.27, is amended to read:
31.17 124E.27 CMO AND EMO PUBLIC
ACCOUNTING AND REPORTING.
31.18 (a) A charter school that
enters into a management agreement with a CMO or EMO
31.19 must:
31.20 (1) publish on the charter
school website for at least 20 business days the proposed final
31.21 agreement for public review and
comment before the school board may adopt the contract
31.22 or agreement. Any changes made
to the posted agreement during the public review period
31.23 or any proposed amendments to
the agreement once adopted must be posted for 20 business
31.24 days before the board may adopt
the amendments to the contract;
31.25 (2) annually publish on the
charter school website a statement of assurance that no
31.26 member of the school board,
staff, or any agent of the school has been promised or received
31.27 any form of compensation or
gifts from the CMO or EMO and that no board member,
31.28 employee, or agent of the CMO or
EMO or any of the organization affiliates or providers
31.29 serve on the charter school
board; and
31.30 (3) conduct an independent
review and evaluation of the services provided by the CMO
31.31 or EMO and publish the
evaluation on the school's website at least 30 business days before
31.32 the end of the current contract.
32.1 (b) A management agreement with
a CMO or EMO must contain the following:
32.2 (1) the term of the contract,
not to exceed five years;
32.3 (2) the total dollar value of
the contract including the annual projected costs of services;
32.4 (3) a description and terms of
the services to be provided during the term of the contract;
32.5 (4) notice that a charter
school closure during the term of the contract by action of the
32.6 authorizer or the school's
board results in the balance of the current contract becoming null
32.7 and void;
32.8 (5) an annual statement of
assurance to the charter school board that the CMO or EMO
32.9 provided no compensation or
gifts to any charter school board member, staff member, or
32.10 agent of the charter school;
32.11 (6) an annual statement of
assurance that no board member, employee, contractor, or
32.12 agent of the CMO or EMO or any
affiliated organization is a board member of the charter
32.13 school or any other charter
school;
32.14 (7) the policies and protocols
that meet federal and state laws regarding student and
32.15 personnel data collection,
usage, access, retention, disclosure and destruction, and
32.16 indemnification and warranty
provisions in case of data breaches by the CMO or EMO;
32.17 and
32.18 (8) an annual assurance that
all assets purchased on behalf of the charter school using
32.19 public funds remain assets of
the school.;
32.20 (9) an annual assurance
that the charter school remains independent from the management
32.21 organization;
32.22 (10) an annual assurance
that the charter school selects and retains its own legal counsel
32.23 and auditing firm;
32.24 (11) an outline of
comprehensive policies and protocols, including detailed provisions
32.25 on compensation and
payment terms, clearly defined remedies for breach of contract, and
32.26 an explicit delineation
of responsibilities and rights in the event of organizational closure;
32.27 (12) a statement that
provides the school board with the clear ability to terminate the
32.28 agreement;
32.29 (13) a statement
asserting that all assets purchased with school money or awards from
32.30 school funds remain with
the school;
33.1 (14) a provision that
prohibits sweeps contracts where the CMO calculates fees for
33.2 services based upon the
school's total revenue; and
33.3 (15) a statement that
fees charged for services by the management organization are
33.4 reasonable,
proportionate, and appropriate for the value delivered.
33.5 (c) The CMO or EMO must
annually provide the charter school board a financial report
33.6 by July 31 that accounts for
income and expenditures for the previous fiscal year using the
33.7 account categories in uniform
financial accounting and reporting standards.
33.8 (d) Any agreement with a CMO or
EMO containing any of the following provisions is
33.9 null and void:
33.10 (1) restrictions on the charter
school's ability to operate a school upon termination of
33.11 the agreement;
33.12 (2) restrictions on the annual
or total amount of the school's operating surplus or fund
33.13 balance;
33.14 (3) authorization to allow a CMO
or EMO to withdraw funds from a charter school
33.15 account; or
33.16 (4) authorization to allow a CMO
or EMO to loan funds to the charter school.
33.17 (e) A CMO or EMO or its
affiliates, employees, or agents may not contract with, be
33.18 employed by, or serve on the
board of an authorizer. An authorizer or its affiliates, employees,
33.19 or agents may not contract with,
be employed by, serve as a paid consultant for, or serve as
33.20 a board member of a CMO or EMO.
33.21 Sec. 14. REPEALER.
33.22 Minnesota Statutes 2025 Supplement, section 124E.16, subdivision
4, is repealed.
33.23 ARTICLE 4
33.24 STATE AGENCIES
33.25 Section 1. Minnesota Statutes
2024, section 123B.77, is amended by adding a subdivision
33.26 to read:
33.27 Subd. 7.Purchases.
All purchases using state money must be made consistent with the
33.28 procurement policy
adopted under subdivision 8.
34.1 Sec. 2. Minnesota Statutes
2024, section 123B.77, is amended by adding a subdivision to
34.2 read:
34.3 Subd. 8.Required
procurement policy components; conflict of interest. (a) A local
34.4 educational agency (LEA)
procurement policy must include a conflict of interest policy.
34.5 (b) A conflict of
interest policy must at a minimum require that a member of the school
34.6 board, or an employee,
officer, or agent of the LEA, must not participate in selecting,
34.7 awarding, or
administering a contract if a conflict of interest exists. A conflict of
interest
34.8 exists when the
following individuals or entities have a financial or other interest in the
34.9 entity with which the
LEA is contracting:
34.10 (1) a board member,
employee, officer, or agent;
34.11 (2) an immediate family
member of the board member, employee, officer, or agent;
34.12 (3) the partner of the
board member, employee, officer, or agent; or
34.13 (4) an organization that
employs or is about to employ any individual in clauses (1) to
34.14 (3).
34.15 A violation of this
prohibition renders the contract void.
34.16 (c) The conflict of
interest provisions under this subdivision do not apply to compensation
34.17 paid to a teacher
employed as a teacher by the LEA or a teacher who provides instructional
34.18 services to the LEA
through a cooperative formed under chapter 308A when the teacher
34.19 also serves on the school
board.
34.20 (d) A school board
member, employee, or officer is a local official for purposes of section
34.21 471.895 with regard to
receipt of gifts as defined under section 10A.071, subdivision 1,
34.22 paragraph (b). A board
member, employee, or officer must not receive compensation from
34.23 a group health insurance
provider.
34.24 (e) All LEAs must
disclose in writing to the commissioner of education any potential
34.25 conflict of interest.
34.26 (f) A procurement policy
must include thresholds for purchases by employees without
34.27 board approval.
34.28 (g) A procurement policy
must include thresholds for purchases that require competitive
34.29 procurement processes as
defined in this section, except that a competitive procurement
34.30 process must occur for
any procurement estimated to exceed $25,000, with the exception
34.31 of contracts described in
sections 123B.52 and 471.345, subdivisions 2 to 4a.
35.1 (h) A procurement policy
must include a prohibition on breaking up a procurement into
35.2 smaller components to
avoid the thresholds under paragraphs (f) and (g). Notwithstanding
35.3 paragraph (g), for a
procurement estimated to exceed $25,000 but that is less than $175,000,
35.4 the purchase may be made
either by a competitive procurement process, or by direct
35.5 negotiation by obtaining
two or more bids or proposals for the purchase or sale when possible
35.6 and without advertising
for bids or proposals or otherwise complying with the requirements
35.7 of a competitive
procurement process.
35.8 (i) A procurement policy
must include a requirement that contracts entered into under
35.9 this section must not
exceed two years with an option on the part of the district to renew
35.10 for an additional two
years.
35.11 Sec. 3. Minnesota Statutes 2024,
section 123B.77, is amended by adding a subdivision to
35.12 read:
35.13 Subd. 9.Competitive
procurement. (a) As used in this section, "competitive
35.14 procurement" means a
process for procurement by sealed bids or by proposals.
35.15 (b) "Procurement by
sealed bids" means a process in which bids are publicly solicited
35.16 and a firm fixed price
contract by lump sum or unit price is awarded to the responsible
35.17 bidder whose bid,
conforming with all material terms and conditions of the invitation for
35.18 bids, is the lowest in
price. If sealed bids are used, the following requirements apply:
35.19 (1) bids must be
solicited from an adequate number of qualified sources, providing
35.20 bidders sufficient
response time prior to the date set for opening bids;
35.21 (2) the invitation for
bids, which includes any specifications and pertinent attachments,
35.22 must define the items or
services in order for the bidder to properly respond;
35.23 (3) all bids must be
opened at the time and place prescribed in the invitation for bids,
35.24 and the bids must be
opened publicly;
35.25 (4) a firm fixed price
contract award must be made in writing to the lowest responsive
35.26 and responsible bidder.
Where specified in bidding documents, factors such as discounts,
35.27 transportation cost, and
life cycle costs must be considered in determining which bid is
35.28 lowest. Payment discounts
must only be used to determine the low bid when prior experience
35.29 indicates that the
discounts are usually taken advantage of;
35.30 (5) any or all bids may
be rejected if there is a sound documented reason; and
35.31 (6) in order for a sealed
bid to be feasible, the following conditions must be present:
35.32 (i) a complete, adequate,
and realistic specification or purchase description is available;
36.1 (ii) two or more
responsible bidders are willing and able to compete effectively for the
36.2 business; and
36.3 (iii) the procurement
lends itself to a firm fixed price contract and the selection of the
36.4 successful bidder may be
made principally on the price.
36.5 (c) "Procurement by
proposals" means a process in which either a fixed price or
36.6 cost-reimbursement
contract is awarded. Proposals are generally used when conditions are
36.7 not appropriate for the
use of sealed bids. Contracts awarded under procurement by proposals
36.8 must be awarded in
accordance with the following requirements:
36.9 (1) requests for
proposals must be publicized and identify all evaluation factors and their
36.10 relative importance.
Proposals must be solicited from an adequate number of qualified
36.11 offerors. Any response to
publicized requests for proposals must be considered to the
36.12 maximum extent
practicable;
36.13 (2) the LEA must have a
written method for conducting technical evaluations of the
36.14 proposals received and
for making selections; and
36.15 (3) contracts must be
awarded to the responsible offeror whose proposal is most
36.16 advantageous to the LEA,
with price and other factors considered.
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ARTICLE 1
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GENERAL EDUCATION........
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Page.Ln 1.16
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ARTICLE 2
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EDUCATION EXCELLENCE........
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Page.Ln 12.26
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ARTICLE 3
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CHARTER SCHOOLS........
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Page.Ln 22.7
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ARTICLE 4
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STATE AGENCIES........
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Page.Ln 33.23
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APPENDIX
Repealed Minnesota Statutes:
26-05912
120B.124 READ ACT IMPLEMENTATION PARTNERSHIP.Subd. 6.Comprehensive
review of literacy materials.
Starting in 2033, the department
and an institution of higher education may partner to conduct a comprehensive
review of curriculum and intervention materials to identify literacy curriculum
and supporting materials, and intervention materials that are evidence-based,
focused on structured literacy, culturally and linguistically responsive, and
reflect diverse populations. The department must post on its website the
rubrics used to evaluate curriculum and intervention materials. The department
must revise the list of approved curriculum and supporting materials, and
intervention materials based on the findings of the review.
124E.16 REPORTS.Subd. 4.Authorizer performance evaluation report.
(a) A charter school must publish
on its website the formal written performance evaluation from its authorizer
and disseminate the evaluation to enrolled families in languages they
understand, consistent with the school's language access plan under section
124E.03, subdivision 9, paragraph (b).
(b) Evaluations must be published
on the charter school's website within 15 business days of receipt of the
evaluation by the charter school and for at least 365 days from the date of
publication.
