1.1 A bill for an act
1.2 relating to education; strengthening the Teachers of Color Act; increasing the
1.3 percentage of teachers of color and American Indian teachers in Minnesota;
1.4 amending the world's best workforce requirements; requiring reports; appropriating
1.5 money;amending Minnesota Statutes 2022, sections 120B.11, subdivisions 1, 2,
1.6 3; 121A.031, subdivision 6; 122A.183, subdivision 1; 122A.184, subdivision 1;
1.7 122A.185, subdivision 1; 122A.40, subdivisions 3, 5; 122A.41, subdivision 2, by
1.8 adding a subdivision; 122A.59; 122A.635; 122A.70; 122A.73, subdivisions 2, 3;
1.9 123B.147, subdivision 3; 124D.861, subdivision 2; proposing coding for new law
1.10 in Minnesota Statutes, chapters 120B; 121A; 124D.
1.11 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.12 Section 1. Minnesota Statutes 2022, section 120B.11, subdivision 1, is amended to read:
1.13 Subdivision 1.Definitions. For the purposes of this section and section 120B.10, the
1.14 following terms have the meanings given them.
1.15 (a) "Instruction" means methods of providing learning experiences that enable a student
1.16 to meet state and district academic standards and graduation requirements including applied
1.17 and experiential learning.
1.18 (b) "Curriculum" means district or school adopted programs and written plans for
1.19 providing students with learning experiences that lead to expected knowledge and skills
1.20 and career and college readiness.
1.21 (c) "World's best workforce" means striving to: meet school readiness goals; have all
1.22 third grade students achieve grade-level literacy; close the academic achievement gap among
1.23 all racial and ethnic groups of students and between students living in poverty and students
1.24 not living in poverty; have all students attain career and college readiness before graduating
1.25 from high school; and have all students graduate from high school.
2.1 (d) "Experiential learning" means learning for students that includes career exploration
2.2 through a specific class or course or through work-based experiences such as job shadowing,
2.3 mentoring, entrepreneurship, service learning, volunteering, internships, other cooperative
2.4 work experience, youth apprenticeship, or employment.
2.5 (e) "Ethnic studies curriculum" means the critical and interdisciplinary study of race,
2.6 ethnicity, and indigeneity with a focus on the experiences and perspectives of People of
2.7 Color within and beyond the United States. Ethnic studies analyzes the ways in which race
2.8 and racism have been and continue to be powerful social, cultural, and political forces, and
2.9 the connection of race to the stratification of other groups, including stratification based on
2.10 gender, class, sexual orientation, gender identity, and legal status. The ethnic studies
2.11 curriculum may be integrated in existing curricular opportunities or provided through
2.12 additional curricular offerings.
2.13 (f) "Antiracist" means actively working to identify and eliminate racism in all forms so
2.14 that power and resources are redistributed and shared equitably among racial groups.
2.15 (g) "Culturally sustaining" means integrating content and practices that infuse the culture
2.16 and language of Black, Indigenous, and People of Color communities who have been and
2.17 continue to be harmed and erased through schooling.
2.18 (h) "Institutional racism" means structures, policies, and practices within and across
2.19 institutions that produce outcomes that chronically favor white people and disadvantage
2.20 those who are Black, Indigenous, and People of Color.
2.21 Sec. 2. Minnesota Statutes 2022, section 120B.11, subdivision 2, is amended to read:
2.22 Subd. 2.Adopting plans and budgets. A school board, at a public meeting, shall must
2.23 adopt a comprehensive, long-term strategic plan to support and improve teaching and
2.24 learning that is aligned with creating the world's best workforce and includes:
2.25 (1) clearly defined district and school site goals and benchmarks for instruction and
2.26 student achievement for all student subgroups identified in section 120B.35, subdivision 3,
2.27 paragraph (b), clause (2);
2.28 (2) a process to: assess and evaluate each student's progress toward meeting state and
2.29 local academic standards,; assess and identify students to participate in gifted and talented
2.30 programs and accelerate their instruction, and; adopt early-admission procedures consistent
2.31 with section 120B.15,; assess ethnic studies curriculum needs to determine priorities for
2.32 integrating ethnic studies into existing courses or developing new courses; and identifying
2.33 identify the strengths and weaknesses of instruction in pursuit of student and school success
3.1 and curriculum affecting students' progress and growth toward career and college readiness
3.2 and leading to the world's best workforce;
3.3 (3) a system to periodically review and evaluate the effectiveness of all instruction and
3.4 curriculum, including ethnic studies curriculum, taking into account strategies and best
3.5 practices, student outcomes, school principal evaluations under section 123B.147, subdivision
3.6 3, students' access to effective teachers who are members of populations underrepresented
3.7 among the licensed teachers in the district or school and who reflect the diversity of enrolled
3.8 students under section 120B.35, subdivision 3, paragraph (b), clause (2), and teacher
3.9 evaluations under section 122A.40, subdivision 8, or 122A.41, subdivision 5;
3.10 (4) strategies for improving instruction, curriculum, and student achievement, including:
3.11 (i) the English and, where practicable, the native language development and the academic
3.12 achievement of English learners; and
3.13 (ii) access to ethnic studies curriculum using culturally responsive methodologies for
3.14 all learners;
3.15 (5) a process to examine the equitable distribution of teachers and strategies to ensure
3.16 children in low-income and minority children families, children in families of People of
3.17 Color, and children in American Indian families are not taught at higher rates than other
3.18 children by inexperienced, ineffective, or out-of-field teachers;
3.19 (6) education effectiveness practices that:
3.20 (i) integrate high-quality instruction, rigorous curriculum, technology, and curriculum
3.21 that is rigorous, accurate, antiracist, and culturally sustaining;
3.22 (ii) ensure learning and work environments validate, affirm, embrace, and integrate
3.23 cultural and community strengths for all students, families, and employees; and
3.24 (iii) provide a collaborative professional culture that develops and supports seeks to
3.25 retain qualified, racially and ethnically diverse staff effective at working with diverse students
3.26 while developing and supporting teacher quality, performance, and effectiveness; and
3.27 (7) an annual budget for continuing to implement the district plan.; and
3.28 (8) identifying a list of suggested and required materials, resources, sample curricula,
3.29 and pedagogical skills for use in kindergarten through grade 12 that accurately reflect the
3.30 diversity of the state of Minnesota.
3.31 EFFECTIVE DATE. This section is effective for all strategic plans reviewed and
3.32 updated after June 30, 2024.
4.1 Sec. 3. Minnesota Statutes 2022, section 120B.11, subdivision 3, is amended to read:
4.2 Subd. 3.District advisory committee. Each school board shall must establish an advisory
4.3 committee to ensure active community participation in all phases of planning and improving
4.4 the instruction and curriculum affecting state and district academic standards, consistent
4.5 with subdivision 2. A district advisory committee, to the extent possible, shall must reflect
4.6 the diversity of the district and its school sites, include teachers, parents, support staff,
4.7 students, and other community residents, and provide translation to the extent appropriate
4.8 and practicable. The district advisory committee shall must pursue community support to
4.9 accelerate the academic and native literacy and achievement of English learners with varied
4.10 needs, from young children to adults, consistent with section 124D.59, subdivisions 2 and
4.11 2a. The district may establish site teams as subcommittees of the district advisory committee
4.12 under subdivision 4. The district advisory committee shall must recommend to the school
4.13 board: rigorous academic standards,; student achievement goals and measures consistent
4.14 with subdivision 1a and sections 120B.022, subdivisions 1a and 1b, and 120B.35,; district
4.15 assessments,; means to improve students' equitable access to effective and more diverse
4.16 teachers,; strategies to ensure the curriculum is rigorous, accurate, antiracist, and culturally
4.17 sustaining; strategies to ensure that curriculum and learning and work environments validate,
4.18 affirm, embrace, and integrate the cultural and community strengths of all racial and ethnic
4.19 groups; and program evaluations. School sites may expand upon district evaluations of
4.20 instruction, curriculum, assessments, or programs. Whenever possible, parents and other
4.21 community residents shall must comprise at least two-thirds of advisory committee members.
4.22 Sec. 4. [120B.113] CLOSING EDUCATIONAL OPPORTUNITY GAPS GRANTS.
4.23 Subdivision 1.Grant program established. The commissioner of education must
4.24 establish a grant program to support implementation of world's best workforce strategies
4.25 under section 120B.11, subdivision 2, clauses (4) and (6), and collaborative efforts that
4.26 address opportunity gaps resulting from curricular, environmental, and structural inequities
4.27 in schools experienced by students, families, and staff who are of color or who are American
4.28 Indian.
4.29 Subd. 2.Definitions. (a) For purposes of this section, the following terms have the
4.30 meanings given.
4.31 (b) "Antiracist" means actively working to identify and eliminate racism in all forms so
4.32 that power and resources are redistributed and shared equitably among racial groups.
4.33 (c) "Curricular" means curriculum resources used and content taught as well as access
4.34 to levels of coursework or types of learning opportunities.
5.1 (d) "Environmental" means relating to the climate and culture of a school.
5.2 (e) "Equitable" means fairness by providing curriculum, instruction, support, and other
5.3 resources for learning based on the needs of individual students and groups of students to
5.4 succeed at school rather than treating all students the same despite the students having
5.5 different needs.
5.6 (f) "Institutional racism" means policies and practices within and across institutions that
5.7 produce outcomes that chronically favor white people and disadvantage those who are
5.8 Black, Indigenous, and People of Color.
5.9 (g) "Opportunity gap" means the inequitable distribution of resources that impacts
5.10 inequitable opportunities that contribute to or perpetuate learning gaps for certain groups
5.11 of students.
5.12 (h) "Structural" means relating to the organization and systems of a school that have
5.13 been created to manage a school.
5.14 Subd. 3.Applications and grant awards. The commissioner must determine application
5.15 procedures and deadlines, select districts and charter schools to participate in the grant
5.16 program, and determine the award amount and payment process of the grants. To the extent
5.17 that there are sufficient applications, the commissioner must award an approximately equal
5.18 number of grants between districts in greater Minnesota and those in the Twin Cities
5.19 metropolitan area. If there are an insufficient number of applications received for either
5.20 geographic area, then the commissioner may award grants to meet the requests for funds
5.21 wherever a district is located.
5.22 Subd. 4.Description. The grant program must provide funding that supports collaborative
5.23 efforts that close opportunity gaps by:
5.24 (1) ensuring school environments and curriculum validate, affirm, embrace, and integrate
5.25 cultural and community strengths of students, families, and employees from all racial and
5.26 ethnic backgrounds; and
5.27 (2) addressing institutional racism with equitable school policies, structures, practices,
5.28 and curricular offerings, consistent with the requirements for long-term plans under section
5.29 124D.861, subdivision 2, paragraph (c).
5.30 Subd. 5.Report. Grant recipients must annually report to the commissioner by a date
5.31 and in a form and manner determined by the commissioner on efforts planned and
5.32 implemented that engaged students, families, educators, and community members of diverse
5.33 racial and ethnic backgrounds in making improvements to school climate and curriculum.
6.1 The report must assess the impact of those efforts as perceived by racially and ethnically
6.2 diverse stakeholders, and must identify any areas needed for further continuous improvement.
6.3 The commissioner must publish a report for the public summarizing the activities of grant
6.4 recipients and what was done to promote sharing of effective practices among grant recipients
6.5 and potential grant applicants.
6.6 EFFECTIVE DATE. This section is effective July 1, 2023.
6.7 Sec. 5. [120B.117] INCREASING PERCENTAGE OF TEACHERS OF COLOR
6.8 AND AMERICAN INDIAN TEACHERS IN MINNESOTA.
6.9 Subdivision 1.Purpose. This section sets short-term and long-term attainment goals for
6.10 increasing the percentage of teachers of color and who are American Indian teachers in
6.11 Minnesota and for ensuring all students have equitable access to effective and racially and
6.12 ethnically diverse teachers who reflect the diversity of students. The goals and report required
6.13 under this section are important for meeting attainment goals for the world's best workforce
6.14 under section 120B.11, achievement and integration under section 124D.861, and higher
6.15 education attainment under section 135A.012, all of which have been established to close
6.16 persistent opportunity and achievement gaps that limit students' success in school and life
6.17 and impede the state's economic growth.
6.18 Subd. 2.Equitable access to racially and ethnically diverse teachers. The percentage
6.19 of teachers in Minnesota who are of color or who are American Indian should increase at
6.20 least two percentage points per year to have a teaching workforce that more closely reflects
6.21 the state's increasingly diverse student population and to ensure all students have equitable
6.22 access to effective and diverse teachers by 2040.
6.23 Subd. 3.Rights not created. The attainment goal in this section is not to the exclusion
6.24 of any other goals and does not confer a right or create a claim for any person.
6.25 Subd. 4.Reporting. Beginning in 2024 and every even-numbered year thereafter, the
6.26 Professional Educator Licensing and Standards Board must collaborate with the Department
6.27 of Education and the Office of Higher Education to publish a summary report of each of
6.28 the programs they administer and any other programs receiving state appropriations that
6.29 have or include an explicit purpose of increasing the racial and ethnic diversity of the state's
6.30 teacher workforce to more closely reflect the diversity of students. The report must include
6.31 programs under sections 122A.59, 122A.63, 122A.635, 122A.70, 122A.73, 124D.09,
6.32 124D.861, 136A.1274, 136A.1276, and 136A.1791, along with any other programs or
6.33 initiatives that receive state appropriations to address the shortage of teachers of color and
6.34 American Indian teachers. The board must, in coordination with the Office of Higher
7.1 Education and Department of Education, provide policy and funding recommendations
7.2 related to state-funded programs to increase the recruitment, preparation, licensing, hiring,
7.3 and retention of racially and ethnically diverse teachers and the state's progress toward
7.4 meeting or exceeding the goals of this section. The report must include recommendations
7.5 for state policy and funding needed to achieve the goals of this section, plans for sharing
7.6 the report and activities of grant recipients, and opportunities among grant recipients of
7.7 various programs to share effective practices with each other. The 2024 report must include
7.8 a recommendation of whether a state advisory council should be established to address the
7.9 shortage of racially and ethnically diverse teachers and what the composition and charge
7.10 of such an advisory council would be if established. The board must consult with the Indian
7.11 Affairs Council and other ethnic councils along with other community partners, including
7.12 students of color and American Indian students, in developing the report. By November 3
7.13 of each odd-numbered year, the board must submit the report to the chairs and ranking
7.14 minority members of the legislative committees with jurisdiction over education and higher
7.15 education policy and finance. The report must be available to the public on the board's
7.16 website.
7.17 EFFECTIVE DATE. This section is effective the day following final enactment.
7.18 Sec. 6. [120B.25] CURRICULUM POLICY.
7.19 A school board must adopt a written policy that prohibits discrimination or discipline
7.20 for a teacher or principal on the basis of incorporating into curriculum contributions by
7.21 persons in a federally protected class or protected class under section 363A.13, consistent
7.22 with local collective bargaining agreements.
7.23 Sec. 7. Minnesota Statutes 2022, section 121A.031, subdivision 6, is amended to read:
7.24 Subd. 6.State model policy. (a) The commissioner, in consultation with the
7.25 commissioner of human rights, shall develop and maintain a state model policy. A district
7.26 or school that does not adopt and implement a local policy under subdivisions 3 to 5 must
7.27 implement and may supplement the provisions of the state model policy. The commissioner
7.28 must assist districts and schools under this subdivision to implement the state policy. The
7.29 state model policy must:
7.30 (1) define prohibited conduct, consistent with this section;
7.31 (2) apply the prohibited conduct policy components in this section;
8.1 (3) for a child with a disability, whenever an evaluation by an individualized education
8.2 program team or a section 504 team indicates that the child's disability affects the child's
8.3 social skills development or the child is vulnerable to prohibited conduct because of the
8.4 child's disability, the child's individualized education program or section 504 plan may
8.5 address the skills and proficiencies the child needs to not engage in and respond to such
8.6 conduct; and
8.7 (4) encourage violence prevention and character development education programs under
8.8 section 120B.232, subdivision 1.
8.9 (b) The commissioner shall develop and post departmental procedures for:
8.10 (1) periodically reviewing district and school programs and policies for compliance with
8.11 this section;
8.12 (2) investigating, reporting, and responding to noncompliance with this section, which
8.13 may include an annual review of plans to improve and provide a safe and supportive school
8.14 climate; and
8.15 (3) allowing students, parents, and educators to file a complaint about noncompliance
8.16 with the commissioner.
8.17 (c) The commissioner must post on the department's website information indicating that
8.18 when districts and schools allow non-curriculum-related student groups access to school
8.19 facilities, the district or school must give all student groups equal access to the school
8.20 facilities regardless of the content of the group members' speech.
8.21 (d) The commissioner must develop and maintain resources to assist a district or school
8.22 in implementing strategies for creating a positive school climate and use evidence-based,
8.23 social-emotional learning to prevent and reduce discrimination and other improper conduct.
8.24 (e) The commissioner must develop and adopt state-level social-emotional learning
8.25 standards.
8.26 Sec. 8. [121A.041] AMERICAN INDIAN MASCOTS PROHIBITED.
8.27 Subdivision 1.Prohibition. (a) A public school may not have or adopt a name, symbol,
8.28 or image that depicts or refers to an American Indian Tribe, individual, custom, or tradition
8.29 to be used as a mascot, nickname, logo, letterhead, or team name of the district or school
8.30 within the district.
8.31 (b) A public school may seek an exemption to paragraph (a) by submitting a request in
8.32 writing to the Tribal Nations Education Committee and the Indian Affairs Council, which
9.1 jointly shall have discretion to grant such an exemption. A public school that has a mascot
9.2 prohibited by this section must request an exemption by January 1, 2024.
9.3 Subd. 2.Definitions. (a) For purposes of this section, the following terms have the
9.4 meanings given.
9.5 (b) "American Indian" means an individual who is:
9.6 (1) a member of an Indian Tribe or band, as membership is defined by the Tribe or band,
9.7 including:
9.8 (i) any Tribe or band terminated since 1940; and
9.9 (ii) any Tribe or band recognized by the state in which the Tribe or band resides;
9.10 (2) a descendant, in the first or second degree, of an individual described in clause (1);
9.11 (3) considered by the United States Secretary of the Interior to be an American Indian
9.12 for any purpose;
9.13 (4) an Eskimo, Aleut, or other Alaska Native; or
9.14 (5) a member of an organized federal American Indian group that received a grant under
9.15 the Indian Education Act of 1988 as in effect the day preceding October 20, 1994.
9.16 (c) "District" means a district under section 120A.05, subdivision 8.
9.17 (d) "Mascot" means any human, nonhuman animal, or object used to represent a school
9.18 and its population.
9.19 (e) "Public school" or "school" means a public school under section 120A.05, subdivisions
9.20 9, 11, 13, and 17, and a charter school under chapter 124E.
9.21 Sec. 9. Minnesota Statutes 2022, section 122A.183, subdivision 1, is amended to read:
9.22 Subdivision 1.Requirements. (a) The Professional Educator Licensing and Standards
9.23 Board must issue a Tier 3 license to a candidate who provides information sufficient to
9.24 demonstrate all of the following:
9.25 (1) the candidate meets the educational or professional requirements in paragraphs (b)
9.26 and (c);
9.27 (2) the candidate has obtained a passing score on the required licensure exams under
9.28 section 122A.185; and
9.29 (3) the candidate has completed the coursework required under subdivision 2.
10.1 (b) A candidate for a Tier 3 license must have a bachelor's degree to teach a class or
10.2 course outside a career and technical education or career pathways course of study.
10.3 (c) A candidate for a Tier 3 license must have one of the following credentials in a
10.4 relevant content area to teach a class or course in a career and technical education or career
10.5 pathways course of study:
10.6 (1) an associate's degree;
10.7 (2) a professional certification; or
10.8 (3) five years of relevant work experience.
10.9 In consultation with the governor's Workforce Development Board established under section
10.10 116L.665, the board must establish a list of qualifying certifications, and may add additional
10.11 professional certifications in consultation with school administrators, teachers, and other
10.12 stakeholders.
10.13 (d) The board must issue a Tier 3 license to a candidate who provides information
10.14 sufficient to demonstrate the following, regardless of whether the candidate meets other
10.15 requirements in this section:
10.16 (1) the candidate has completed a teacher preparation program from a culturally specific
10.17 Minority Serving Institution in the United States, such as Historically Black Colleges and
10.18 Universities, Tribal Colleges and Universities, or Hispanic-Serving Institutions, including
10.19 those in Puerto Rico; or
10.20 (2) the candidate has completed a university teacher preparation program in another
10.21 country and has taught at least two years.
10.22 The candidate must have completed student teaching comparable to the student teaching
10.23 expectations in Minnesota.
10.24 Sec. 10. Minnesota Statutes 2022, section 122A.184, subdivision 1, is amended to read:
10.25 Subdivision 1.Requirements. The Professional Educator Licensing and Standards
10.26 Board must issue a Tier 4 license to a candidate who provides information sufficient to
10.27 demonstrate all of the following:
10.28 (1) the candidate meets all requirements for a Tier 3 license under section 122A.183,
10.29 and has completed a teacher preparation program under section 122A.183, subdivision 2,
10.30 clause (1) or (2);
11.1 (2) the candidate has at least three years of teaching experience in Minnesota or another
11.2 state;
11.3 (3) the candidate has obtained a passing score on all required licensure exams under
11.4 section 122A.185; and
11.5 (4) the candidate's most recent summative teacher evaluation did not result in placing
11.6 or otherwise keeping the teacher in an improvement process pursuant to section 122A.40,
11.7 subdivision 8, or 122A.41, subdivision 5.
11.8 Sec. 11. Minnesota Statutes 2022, section 122A.185, subdivision 1, is amended to read:
11.9 Subdivision 1.Tests. (a) The Professional Educator Licensing and Standards Board
11.10 must adopt rules requiring a candidate to demonstrate a passing score on a board-adopted
11.11 examination of skills in reading, writing, and mathematics before being granted a Tier 4
11.12 teaching license under section 122A.184 to provide direct instruction to pupils in elementary,
11.13 secondary, or special education programs. Candidates may obtain a Tier 1, Tier 2, or Tier
11.14 3 license to provide direct instruction to pupils in elementary, secondary, or special education
11.15 programs if candidates meet the other requirements in section 122A.181, 122A.182, or
11.16 122A.183, respectively.
11.17 (b) (a) The board must adopt and revise rules requiring candidates applicants for Tier 3
11.18 and Tier 4 licenses to pass an examination of general pedagogical knowledge and
11.19 examinations of licensure field specific content. if the applicant has not completed a
11.20 board-approved preparation program assuring that candidates from the program recommended
11.21 for licensure meet content and pedagogy licensure standards in Minnesota. Candidates who
11.22 have satisfactorily completed board-approved programs in Minnesota with required
11.23 coursework and clinical field experiences that include learning opportunities and assessments
11.24 aligned to content and pedagogy licensure standards are not additionally required to pass
11.25 content and pedagogy exams for Tier 3 licensure. Applicants who have satisfactorily
11.26 completed a preparation program in another state and passed licensure examinations in that
11.27 state are not additionally required to pass similar examinations required in Minnesota. The
11.28 content examination requirement does not apply if no relevant content exam exists.
11.29 (c) (b) Candidates for initial Tier 3 and Tier 4 licenses to teach elementary students must
11.30 pass test items assessing under this paragraph if the candidates did not complete a
11.31 board-approved preparation program in Minnesota. The test items must assess the candidates'
11.32 knowledge, skill, and ability in comprehensive, scientifically based reading instruction
11.33 under section 122A.06, subdivision 4, knowledge and understanding of the foundations of
11.34 reading development, development of reading comprehension and reading assessment and
12.1 instruction, and the ability to integrate that knowledge and understanding into instruction
12.2 strategies under section 122A.06, subdivision 4.
12.3 (d) The requirement to pass a board-adopted reading, writing, and mathematics skills
12.4 examination does not apply to nonnative English speakers, as verified by qualified Minnesota
12.5 school district personnel or Minnesota higher education faculty, who, after meeting the
12.6 content and pedagogy requirements under this subdivision, apply for a teaching license to
12.7 provide direct instruction in their native language or world language instruction under section
12.8 120B.022, subdivision 1.
12.9 (c) All testing centers in the state must provide monthly opportunities for untimed content
12.10 and pedagogy examinations. These opportunities must be advertised on the test registration
12.11 website. The board must require the exam vendor to provide other equitable opportunities
12.12 to pass exams, including: (1) waiving testing fees for test takers who qualify for federal
12.13 grants; (2) providing free, multiple, full-length practice tests for each exam and free,
12.14 comprehensive study guides on the test registration website; (3) making content and pedagogy
12.15 exams available in languages other than English for teachers seeking licensure to teach in
12.16 language immersion programs; and (4) providing free, detailed exam results analysis by
12.17 test objective to assist candidates who do not pass an exam in identifying areas for
12.18 improvement. Any candidate who has not passed a required exam after two attempts must
12.19 be allowed to retake the exam, including new versions of the exam, without being charged
12.20 an additional fee.
12.21 EFFECTIVE DATE. This section is effective July 1, 2023.
12.22 Sec. 12. Minnesota Statutes 2022, section 122A.40, subdivision 3, is amended to read:
12.23 Subd. 3.Hiring, dismissing. (a) School boards must hire or dismiss teachers at duly
12.24 called meetings. Where a husband and wife, brother and sister, or two brothers or sisters,
12.25 constitute a quorum, no contract employing a teacher shall be made or authorized except
12.26 upon the unanimous vote of the full board. A teacher related by blood or marriage, within
12.27 the fourth degree, computed by the civil law, to a board member shall not be employed
12.28 except by a unanimous vote of the full board. The initial employment of the teacher in the
12.29 district must be by written contract, signed by the teacher and by the chair and clerk. All
12.30 subsequent employment of the teacher in the district must be by written contract, signed by
12.31 the teacher and by the chair and clerk, except where there is a master agreement covering
12.32 the employment of the teacher. Contracts for teaching or supervision of teaching can be
12.33 made only with qualified teachers. A teacher shall not be required to reside within the
12.34 employing district as a condition to teaching employment or continued teaching employment.
13.1 (b) A school district must annually report to the Professional Educator Licensing and
13.2 Standards Board: (1) all new teacher hires and terminations, including layoffs, by race and
13.3 ethnicity; and (2) the reasons for all teacher resignations and requested leaves of absence.
13.4 The report must not include data that would personally identify individuals.
13.5 Sec. 13. Minnesota Statutes 2022, section 122A.40, subdivision 5, is amended to read:
13.6 Subd. 5.Probationary period. (a) The first three consecutive years of a teacher's first
13.7 teaching experience in Minnesota in a single district is deemed to be a probationary period
13.8 of employment, and, the probationary period in each district in which the teacher is thereafter
13.9 employed shall be one year. The school board must adopt a plan for written evaluation of
13.10 teachers during the probationary period that is consistent with subdivision 8. Evaluation
13.11 must occur at least three times periodically throughout each school year for a teacher
13.12 performing services during that school year; the first evaluation must occur within the first
13.13 90 days of teaching service. Days devoted to parent-teacher conferences, teachers' workshops,
13.14 and other staff development opportunities and days on which a teacher is absent from school
13.15 must not be included in determining the number of school days on which a teacher performs
13.16 services. Except as otherwise provided in paragraph (b), during the probationary period any
13.17 annual contract with any teacher may or may not be renewed as the school board shall see
13.18 fit. However, the board must give any such teacher whose contract it declines to renew for
13.19 the following school year written notice to that effect before July 1. If the teacher requests
13.20 reasons for any nonrenewal of a teaching contract, the board must give the teacher its reason
13.21 in writing, including a statement that appropriate supervision was furnished describing the
13.22 nature and the extent of such supervision furnished the teacher during the employment by
13.23 the board, within ten days after receiving such request. The school board may, after a hearing
13.24 held upon due notice, discharge a teacher during the probationary period for cause, effective
13.25 immediately, under section 122A.44.
13.26 (b) A board must discharge a probationary teacher, effective immediately, upon receipt
13.27 of notice under section 122A.20, subdivision 1, paragraph (b), that the teacher's license has
13.28 been revoked due to a conviction for child abuse or sexual abuse.
13.29 (c) A probationary teacher whose first three years of consecutive employment are
13.30 interrupted for active military service and who promptly resumes teaching consistent with
13.31 federal reemployment timelines for uniformed service personnel under United States Code,
13.32 title 38, section 4312(e), is considered to have a consecutive teaching experience for purposes
13.33 of paragraph (a).
14.1 (d) A probationary teacher whose first three years of consecutive employment are
14.2 interrupted for maternity, paternity, or medical leave and who resumes teaching within 12
14.3 months of when the leave began is considered to have a consecutive teaching experience
14.4 for purposes of paragraph (a) if the probationary teacher completes a combined total of
14.5 three years of teaching service immediately before and after the leave.
14.6 (e) A probationary teacher must complete at least 120 days of teaching service each year
14.7 during the probationary period. Days devoted to parent-teacher conferences, teachers'
14.8 workshops, and other staff development opportunities and days on which a teacher is absent
14.9 from school do not count as days of teaching service under this paragraph.
14.10 (f) Notwithstanding any law to the contrary, a teacher who has taught for three
14.11 consecutive years in a single school district or charter school in Minnesota or another state
14.12 must serve a probationary period no longer than one year in a Minnesota school district.
14.13 EFFECTIVE DATE. This section is effective for collective bargaining agreements
14.14 effective July 1, 2023, and thereafter.
14.15 Sec. 14. Minnesota Statutes 2022, section 122A.41, subdivision 2, is amended to read:
14.16 Subd. 2.Probationary period; discharge or demotion. (a) All teachers in the public
14.17 schools in cities of the first class during the first three years of consecutive employment
14.18 shall be deemed to be in a probationary period of employment during which period any
14.19 annual contract with any teacher may, or may not, be renewed as the school board, after
14.20 consulting with the peer review committee charged with evaluating the probationary teachers
14.21 under subdivision 3, shall see fit. The school site management team or the school board if
14.22 there is no school site management team, shall adopt a plan for a written evaluation of
14.23 teachers during the probationary period according to subdivisions 3 and 5. Evaluation by
14.24 the peer review committee charged with evaluating probationary teachers under subdivision
14.25 3 shall occur at least three times periodically throughout each school year for a teacher
14.26 performing services during that school year; the first evaluation must occur within the first
14.27 90 days of teaching service. Days devoted to parent-teacher conferences, teachers' workshops,
14.28 and other staff development opportunities and days on which a teacher is absent from school
14.29 shall not be included in determining the number of school days on which a teacher performs
14.30 services. The school board may, during such probationary period, discharge or demote a
14.31 teacher for any of the causes as specified in this code. A written statement of the cause of
14.32 such discharge or demotion shall be given to the teacher by the school board at least 30
14.33 days before such removal or demotion shall become effective, and the teacher so notified
14.34 shall have no right of appeal therefrom.
15.1 (b) A probationary teacher whose first three years of consecutive employment are
15.2 interrupted for active military service and who promptly resumes teaching consistent with
15.3 federal reemployment timelines for uniformed service personnel under United States Code,
15.4 title 38, section 4312(e), is considered to have a consecutive teaching experience for purposes
15.5 of paragraph (a).
15.6 (c) A probationary teacher whose first three years of consecutive employment are
15.7 interrupted for maternity, paternity, or medical leave and who resumes teaching within 12
15.8 months of when the leave began is considered to have a consecutive teaching experience
15.9 for purposes of paragraph (a) if the probationary teacher completes a combined total of
15.10 three years of teaching service immediately before and after the leave.
15.11 (d) A probationary teacher must complete at least 120 days of teaching service each year
15.12 during the probationary period. Days devoted to parent-teacher conferences, teachers'
15.13 workshops, and other staff development opportunities and days on which a teacher is absent
15.14 from school do not count as days of teaching service under this paragraph.
15.15 (e) Notwithstanding any law to the contrary, a teacher who has taught for three
15.16 consecutive years in a single school district or charter school in Minnesota or another state
15.17 must serve a probationary period no longer than one year in a Minnesota school district.
15.18 EFFECTIVE DATE. This section is effective for collective bargaining agreements
15.19 effective July 1, 2023, and thereafter.
15.20 Sec. 15. Minnesota Statutes 2022, section 122A.41, is amended by adding a subdivision
15.21 to read:
15.22 Subd. 16.Reporting of hires and terminations. A school district must annually report
15.23 to the Professional Educator Licensing and Standards Board: (1) all new teacher hires and
15.24 terminations, including layoffs, by race and ethnicity; and (2) the reasons for all teacher
15.25 resignations and requested leaves of absence. The report must not include data that would
15.26 personally identify individuals.
15.27 Sec. 16. Minnesota Statutes 2022, section 122A.59, is amended to read:
15.28 122A.59 COME TEACH IN MINNESOTA HIRING BONUSES.
15.29 Subdivision 1.Purpose. This section establishes a program to support districts and
15.30 schools recruiting and offering hiring bonuses for licensed teachers who are American
15.31 Indian or a person of color from another state or country in order to meet staffing needs in
15.32 shortage areas in economic development regions in Minnesota.
16.1 Subd. 2.Eligibility. A district or school must verify that the hiring bonus is given to
16.2 teachers licensed in persons from another state or country who:
16.3 (1) immediately qualify for a Tier 3 or Tier 4 2 or higher Minnesota license;
16.4 (2) have moved to the economic development region in Minnesota where they were
16.5 hired; and
16.6 (3) belong to a racial or ethnic group that is underrepresented among teachers compared
16.7 to students in the district or school under section 120B.35, subdivision 3, paragraph (b),
16.8 clause (2).
16.9 Subd. 3.Bonus amount. A district or school may offer a signing hiring and retention
16.10 bonus of a minimum of $2,500 $4,000 and a maximum of $5,000 $8,000 to a teacher who
16.11 meets the eligibility requirements. A teacher who meets the eligibility requirements and
16.12 meets a licensure shortage area in the economic development region of the state where the
16.13 school is located may be offered a signing hiring bonus of a minimum of $4,000 $5,000
16.14 and a maximum of $8,000 $10,000. A teacher must be paid half of the bonus when starting
16.15 employment and half after completing four years of service in the hiring district or school
16.16 if the teacher has demonstrated teaching effectiveness and is not on a professional
16.17 improvement plan under section 122A.40, subdivision 8, paragraph (b), clause (12) or (13),
16.18 or section 122A.41, subdivision 5, paragraph (b), clause (12) or (13), or is not being
16.19 considered for termination for a reason listed in section 122A.40, subdivision 9, including
16.20 a teacher hired by a school district located in a city of the first class. A teacher who does
16.21 not complete their first school year upon receiving a hiring bonus must repay the hiring
16.22 bonus. A teacher must have a Tier 3 or Tier 4 Minnesota teaching license to qualify for the
16.23 second half of the bonus. A district must prorate the second half of the bonus if the eligible
16.24 teacher is nonrenewed due to reasons not having to do with teaching effectiveness or
16.25 misconduct.
16.26 Subd. 4.Administration. (a) The commissioner must establish a process for districts
16.27 or schools to seek reimbursement for hiring bonuses given to teachers in shortage areas
16.28 moving to and working in Minnesota schools experiencing specific shortages. The
16.29 commissioner must provide guidance for districts to seek repayment of a hiring bonus from
16.30 a teacher who does not complete the first year of employment. The department may conduct
16.31 a pilot program with a small number of teachers during the 2022-2023 biennium to establish
16.32 feasibility. The department must submit a report by December 1, 2022, to the chairs and
16.33 ranking minority members of the legislative committees with jurisdiction over kindergarten
17.1 through grade 12 education detailing the effectiveness of the program and recommendations
17.2 for improvement in future years.
17.3 (b) The commissioner may award participating districts and schools additional funds to
17.4 administer the program, including out-of-state recruiting efforts and retention activities.
17.5 The commissioner may allow participating districts and schools to reserve up to five percent
17.6 of Come Teach in Minnesota funding to administer the program, including for out-of-state
17.7 recruiting efforts and retention activities.
17.8 Subd. 5.Come Teach in Minnesota Hiring Bonus program account. (a) An account
17.9 is established in the special revenue fund known as the "Come Teach in Minnesota Hiring
17.10 Bonus program account."
17.11 (b) Funds appropriated for the Come Teach in Minnesota Hiring Bonus program under
17.12 this section must be transferred to the Come Teach in Minnesota Hiring Bonus program
17.13 account in the special revenue fund.
17.14 (c) Money in the account is annually appropriated to the commissioner for hiring bonuses
17.15 under this section. Any returned funds are available to be regranted.
17.16 (d) Up to $35,000 annually is appropriated to the commissioner for costs associated with
17.17 developing and administering the program under this section.
17.18 EFFECTIVE DATE. The amendment to subdivision 2 is effective retroactively from
17.19 July 1, 2022. The amendments to subdivisions 1, 3, and 4 are effective the day following
17.20 final enactment.
17.21 Sec. 17. Minnesota Statutes 2022, section 122A.635, is amended to read:
17.22 122A.635 COLLABORATIVE URBAN AND GREATER MINNESOTA
17.23 EDUCATORS OF COLOR GRANT PROGRAM.
17.24 Subdivision 1.Establishment. The Professional Educator Licensing and Standards
17.25 Board must award competitive grants to increase the number of teacher candidates who are
17.26 of color or who are American Indian, complete teacher preparation programs, and meet the
17.27 requirements for a Tier 3 license under section 122A.183. Eligibility for a grant under this
17.28 section is limited to public or private higher education institutions that offer a teacher
17.29 preparation program approved by the Professional Educator Licensing and Standards Board.
17.30 Subd. 2.Competitive grants. (a) The Professional Educator Licensing and Standards
17.31 Board must award competitive grants to a variety of higher education institution types under
17.32 this section. The board must require an applicant institution to submit a plan describing how
18.1 it would use grant funds to increase the number of teachers who are of color or who are
18.2 American Indian, and must award grants based on the following criteria, listed in descending
18.3 order of priority:
18.4 (1) the number of teacher candidates being supported in the program who are of color
18.5 or who are American Indian;
18.6 (2) (1) program outcomes, including graduation or program completion rates, and
18.7 licensure recommendation rates, and placement rates for candidates who are of color or
18.8 who are American Indian compared to all candidates enrolled in a teacher preparation
18.9 program at the institution and, for each outcome measure, the number of those teacher
18.10 candidates who are of color or who are American Indian; and
18.11 (3) the percent of racially and ethnically diverse teacher candidates enrolled in the
18.12 institution compared to:
18.13 (i) the total percent of students of color and American Indian students enrolled at the
18.14 institution, regardless of major; and
18.15 (ii) the percent of underrepresented racially and ethnically diverse teachers in the
18.16 economic development region of the state where the institution is located and where a
18.17 shortage of diverse teachers exists, as reported under section 122A.091, subdivision 5.
18.18 (2) the extent to which an institution's plan is clear in describing how the institution
18.19 would use grant funds for implementing explicit research-based practices to provide
18.20 programmatic support to teacher candidates who are of color or who are American Indian.
18.21 Plans for grant funds may include:
18.22 (i) recruiting more racially and ethnically diverse candidates for admission to teacher
18.23 preparation programs;
18.24 (ii) providing differentiated advising, mentoring, or other supportive community-building
18.25 activities in addition to what the institution provides to all candidates enrolled in the
18.26 institution;
18.27 (iii) providing academic tutoring or support to help teacher candidates pass required
18.28 assessments; and
18.29 (iv) providing for program staffing expenses;
18.30 (3) an institution's plan to provide direct financial assistance as scholarships or stipends
18.31 within the allowable dollar range determined by the board under subdivision 3, paragraph
18.32 (b), to teacher candidates who are of color or who are American Indian;
19.1 (b) The board must give priority in awarding grants under this section to institutions that
19.2 received grants under Laws 2017, First Special Session chapter 5, article 2, section 57,
19.3 subdivision 27, and have demonstrated continuing success at recruiting, retaining, graduating,
19.4 and inducting (4) whether the institution has previously received a competitive grant under
19.5 this section and has demonstrated positive outcomes from the use of grant funds for efforts
19.6 helping teacher candidates who are of color or who are American Indian. to enroll in and
19.7 successfully complete teacher preparation programs and be recommended for licensure;
19.8 (5) geographic diversity among the institutions. In order to expand the number of grant
19.9 recipients throughout the state, whenever there is at least a 20 percent increase in the base
19.10 appropriation for this grant program, the board must prioritize awarding grants to institutions
19.11 outside of the Twin Cities metropolitan area. If the board awards a competitive grant based
19.12 on the criteria in paragraph (a) to a program that has not previously received funding, the
19.13 board must thereafter give priority to the program equivalent to other programs given priority
19.14 under this paragraph. that have received grants and demonstrated positive outcomes; and
19.15 (6) the percentage of racially and ethnically diverse teacher candidates enrolled in the
19.16 institution compared to:
19.17 (i) the aggregate percentage of students of color and American Indian students enrolled
19.18 in the institution, regardless of major; and
19.19 (ii) the percentage of underrepresented racially and ethnically diverse teachers in the
19.20 economic development region of the state where the institution is located and where a
19.21 shortage of diverse teachers exists, as reported under section 122A.091, subdivision 5.
19.22 (b) The board must not penalize an applicant institution in the grant review process for
19.23 using grant funds only to provide direct financial support to teacher candidates if that is the
19.24 institution's priority and the institution uses other resources to provide programmatic support
19.25 to candidates.
19.26 (c) The board must determine award amounts for development, maintenance and, or
19.27 expansion of programs based only on the degree to which applicants meet the criteria in
19.28 this subdivision, the number of candidates who are of color or who are American Indian
19.29 supported by an applicant program, sustaining support for those candidates, and funds
19.30 available.
19.31 (d) The board must determine grant awards in part by multiplying the number of teacher
19.32 candidates to be provided direct financial assistance by the average amount the institution
19.33 proposes per candidate that is within the allowable dollar range. After assessing an
19.34 institution's adherence to grant criteria and funds available, the board may grant an institution
20.1 a lower average amount per candidate and the institution may decide to award less per
20.2 candidate or provide financial assistance to fewer candidates within the allowable range.
20.3 Additionally, an institution may use up to 25 percent of the awarded grant funds to provide
20.4 programmatic support as described in paragraph (a), clause (3). If the board does not award
20.5 an applicant institution's full request, the board must allow the institution to modify how it
20.6 uses grant funds to maximize program outcomes consistent with the requirements of this
20.7 section.
20.8 Subd. 3.Grant program administration. (a) The Professional Educator Licensing and
20.9 Standards Board may enter into an interagency agreement with the Office of Higher
20.10 Education. The agreement may include a transfer of funds to the Office of Higher Education
20.11 to help establish and administer the competitive grant process. The board must award grants
20.12 to institutions located in various economic development regions throughout the state, but
20.13 must not predetermine the number of institutions to be awarded grants under this section
20.14 or set a limit for the amount that any one institution may receive as part of the competitive
20.15 grant application process.
20.16 (b) The board must establish a standard allowable dollar range for the amount of direct
20.17 financial assistance an applicant institution may provide to each candidate. To determine
20.18 the range, the board may collect de-identified data from institutions that received a grant
20.19 during the previous grant period and calculate the average scholarship amount awarded to
20.20 all candidates across all institutions using the most recent fiscal year data available. The
20.21 calculation may be used to determine a scholarship range that is no more than 25 percent
20.22 than this amount and no less than half the average of this amount. The purpose of direct
20.23 financial assistance is to assist candidates matriculating through completing licensure
20.24 programs if they demonstrate financial need after considering other grants and scholarships
20.25 provided.
20.26 (c) All grants must be awarded by August 15 of the fiscal year in which the grants are
20.27 to be used except that, for initial competitive grants awarded for fiscal year 2020, grants
20.28 must be awarded by September 15. An institution that receives a grant under this section
20.29 may use the grant funds over a two- to four-year period to sustain support for teacher
20.30 candidates at any stage from recruitment and program admission to graduation and licensure
20.31 application.
20.32 Subd. 4.Report. (a) By January August 15 of each year, an institution awarded a grant
20.33 under this section must prepare for the legislature and the board a detailed report regarding
20.34 the expenditure of grant funds, including the amounts used to recruit, retain, and induct
21.1 support teacher candidates of color or who are American Indian teacher candidates to
21.2 complete programs and be recommended for licensure. The report must include:
21.3 (1) the total number of teacher candidates of color, disaggregated by race or ethnic group,
21.4 who and American Indian teacher candidates who:
21.5 (i) are enrolled in the institution;
21.6 (ii) are supported by grant funds with direct financial assistance during the academic
21.7 reporting year;
21.8 (iii) are supported with other programmatic supports;
21.9 (iv) are recruited to the institution, are and newly admitted to the a licensure program,
21.10 are enrolled in the;
21.11 (v) are enrolled in a licensure program;
21.12 (vi) have completed a licensure program, have completed student teaching, have
21.13 graduated, are licensed, and are newly employed as Minnesota teachers in their licensure
21.14 field. A grant recipient must report; and
21.15 (vii) were recommended for licensure in the field for which they were prepared;
21.16 (2) the total number of teacher candidates of color or who are American Indian teacher
21.17 candidates at each stage from recruitment program admission to licensed teaching licensure
21.18 recommendation as a percentage of total all candidates seeking the same licensure at the
21.19 institution.; and
21.20 (3) a brief narrative describing the successes and challenges of efforts proposed in the
21.21 grant application to support candidates with grant funds, and lessons learned for future
21.22 efforts.
21.23 (b) By November 1 of each year, the board must post a report on its website summarizing
21.24 the activities and outcomes of grant recipients and results that promote sharing of effective
21.25 practices and lessons learned among grant recipients.
21.26 Sec. 18. Minnesota Statutes 2022, section 122A.70, is amended to read:
21.27 122A.70 TEACHER MENTORSHIP AND RETENTION OF EFFECTIVE
21.28 TEACHERS.
21.29 Subdivision 1.Teacher mentoring, induction, and retention programs. (a) School
21.30 districts must develop teacher mentoring programs for teachers new to the profession or
21.31 district, including teaching residents, teachers of color, teachers who are American Indian,
22.1 teachers in license shortage areas, teachers with special needs, or experienced teachers in
22.2 need of peer coaching.
22.3 (b) Teacher mentoring programs must be included in or aligned with districts' teacher
22.4 evaluation and peer review processes under sections 122A.40, subdivision 8, and 122A.41,
22.5 subdivision 5. A district may use staff development revenue under section 122A.61, special
22.6 grant programs established by the legislature, or another funding source to pay a stipend to
22.7 a mentor who may be a current or former teacher who has taught at least three years and is
22.8 not on an improvement plan. Other initiatives using such funds or funds available under
22.9 sections 124D.861 and 124D.862 may include:
22.10 (1) additional stipends as incentives to mentors of color or who are American Indian;
22.11 (2) financial supports for professional learning community affinity groups across schools
22.12 within and between districts for teachers from underrepresented racial and ethnic groups to
22.13 come together throughout the school year. For purposes of this section, "affinity groups"
22.14 are groups of educators who share a common racial or ethnic identity in society as persons
22.15 of color or who are American Indian;
22.16 (3) programs for induction aligned with the district or school mentorship program during
22.17 the first three years of teaching, especially for teachers from underrepresented racial and
22.18 ethnic groups; or
22.19 (4) grants supporting licensed and nonlicensed educator participation in professional
22.20 development, such as workshops and graduate courses, related to increasing student
22.21 achievement for students of color and American Indian students in order to close opportunity
22.22 and achievement gaps.
22.23 (c) A school or district that receives a grant must negotiate additional retention strategies
22.24 or protection from unrequested leave of absences in the beginning years of employment for
22.25 teachers of color and teachers who are American Indian. Retention strategies may include
22.26 providing financial incentives for teachers of color and teachers who are American Indian
22.27 to work in the school or district for at least five years and placing American Indian educators
22.28 at sites with other American Indian educators and educators of color at sites with other
22.29 educators of color to reduce isolation and increase opportunity for collegial support.
22.30 Subd. 2.Board grants. The Professional Educator Licensing and Standards Board must
22.31 make grant application forms available to sites interested in developing, sustaining, or
22.32 expanding a mentorship program. A school district; a or group of school districts; a coalition
22.33 of districts, teachers, and teacher education institutions; or, a school or coalition of schools,
22.34 or a coalition of teachers, or nonlicensed educators may apply for a program grant. A higher
23.1 education institution or nonprofit organization may partner with a grant applicant but is not
23.2 eligible as a sole applicant for grant funds. The Professional Educator Licensing and
23.3 Standards Board, in consultation with the teacher mentoring task force, must approve or
23.4 disapprove the applications. To the extent possible, the approved applications must reflect
23.5 effective mentoring, professional development, and retention components, and be
23.6 geographically distributed throughout the state. The Professional Educator Licensing and
23.7 Standards Board must encourage the selected sites to consider the use of its assessment
23.8 procedures.
23.9 Subd. 2a.Funded work. (a) Grant funds may be used for the following:
23.10 (1) additional stipends as incentives to mentors who are of color or who are American
23.11 Indian;
23.12 (2) financial supports for professional learning community affinity groups across schools
23.13 within and between districts for educators from underrepresented racial and ethnic groups
23.14 to come together throughout the school year. For purposes of this section, "affinity groups"
23.15 mean groups of licensed and nonlicensed educators who share a common racial or ethnic
23.16 identity in society as persons who are of color or who are American Indian;
23.17 (3) programs for induction aligned with the district or school mentorship program during
23.18 the first three years of teaching, especially for teachers from underrepresented racial and
23.19 ethnic groups;
23.20 (4) professional development focused on ways to close opportunity and achievement
23.21 gaps for students of color and American Indian students; or
23.22 (5) for teachers of color and American Indian teachers, graduate courses toward a first
23.23 master's degree in a field related to their licensure or toward an additional license.
23.24 (b) A charter school or district that receives a grant must negotiate additional retention
23.25 strategies or protection from unrequested leaves of absence in the beginning years of
23.26 employment for teachers who are of color or who are American Indian. Retention strategies
23.27 may include providing financial incentives for teachers of color and teachers who are
23.28 American Indian to work in the school or district for at least five years and placing American
23.29 Indian educators at sites with other American Indian educators and educators of color at
23.30 sites with other educators of color to reduce isolation and increase opportunity for collegial
23.31 support.
23.32 Subd. 3.Criteria for selection. (a) At a minimum, applicants for grants under subdivision
23.33 2 must express commitment to:
24.1 (1) allow staff participation;
24.2 (2) assess skills of both beginning and mentor teachers;
24.3 (3) provide appropriate in-service to needs identified in the assessment;
24.4 (4) provide leadership to the effort;
24.5 (5) cooperate with higher education institutions or teacher educators;
24.6 (6) provide facilities and other resources;
24.7 (7) share findings, materials, and techniques with other school districts; and
24.8 (8) retain teachers of color and teachers who are American Indian.
24.9 (b) The Professional Educator Licensing and Standards Board must give priority to
24.10 applications to fund programs to induct, mentor, and retain Tier 2 or Tier 3 teachers who
24.11 are of color or who are American Indian, and Tier 2 or Tier 3 teachers in licensure shortage
24.12 areas within the applicant's economic development region.
24.13 Subd. 4.Additional funding. Grant applicants must seek additional funding and
24.14 assistance from sources such as school districts, postsecondary institutions, foundations,
24.15 and the private sector.
24.16 Subd. 5.Program implementation. A grant recipient may use grant funds on
24.17 implementing activities over a period of time up to 24 months. New and expanding
24.18 mentorship sites that receive a board grant under subdivision 2 to design, develop, implement,
24.19 and evaluate their program must participate in activities that support program development
24.20 and implementation.
24.21 Subd. 6.Report. By June September 30 of each year after receiving a grant, recipients
24.22 must submit a report to the Professional Educator Licensing and Standards Board on program
24.23 efforts that describes mentoring and induction activities and assesses the impact of these
24.24 programs on teacher effectiveness and retention. The board must publish a summary report
24.25 for the public and submit the report to the committees of the legislature with jurisdiction
24.26 over kindergarten through grade 12 education policy and finance in accordance with section
24.27 3.302 by November 30 of each year.
24.28 EFFECTIVE DATE. This section is effective July 1, 2023.
24.29 Sec. 19. Minnesota Statutes 2022, section 122A.73, subdivision 2, is amended to read:
24.30 Subd. 2.Grow Your Own district programs. (a) A school district, charter school,
24.31 cooperative unit under section 123A.24, subdivision 2, or Head Start program under section
25.1 119A.50 may apply for a grant for to partner with a Professional Educator Licensing and
25.2 Standards Board-approved teacher preparation program at the undergraduate or
25.3 postbaccalaureate level. Partnerships may also include associate's degree-granting institutions
25.4 to support students in early childhood or education programs that have transfer agreements
25.5 with board-approved preparation programs at colleges or universities. The grant recipient
25.6 must use at least 80 percent of grant funds to provide tuition scholarships or stipends to
25.7 enable school district employees or community members affiliated with a school district,
25.8 who are of color or American Indian and who seek a teaching license, to participate in the
25.9 teacher preparation program.
25.10 (b) A district using grant funds under this subdivision to provide financial support to
25.11 teacher candidates may require a commitment as determined by the district to teach in the
25.12 district for a reasonable amount of time that does not exceed five years.
25.13 (c) The maximum grant amount for grants under this subdivision is $850,000. The
25.14 commissioner may consider the number of participants a grant recipient intends to support
25.15 when determining a grant amount.
25.16 EFFECTIVE DATE. This section is effective July 1, 2024.
25.17 Sec. 20. Minnesota Statutes 2022, section 122A.73, subdivision 3, is amended to read:
25.18 Subd. 3.Grants for programs serving secondary school students. (a) In addition to
25.19 grants for developing and offering dual-credit postsecondary course options in schools for
25.20 "Introduction to Teaching" or "Introduction to Education" courses under section 124D.09,
25.21 subdivision 10, A school district or charter school may apply for grants under this section
25.22 to offer other innovative programs that encourage secondary school students, especially
25.23 students of color and American Indian students, to pursue teaching. To be eligible for a
25.24 grant under this subdivision, a school district or charter school an applicant must ensure
25.25 that the aggregate percentage of secondary school students of color and American Indian
25.26 students participating in the program is equal to or greater than the aggregate percentage of
25.27 students of color and American Indian students in the school district or, charter school, or
25.28 cooperative unit.
25.29 (b) A grant recipient must use grant funds awarded under this subdivision for:
25.30 (1) supporting future teacher clubs or service-learning opportunities that provide middle
25.31 and high school students with experiential learning that supports the success of younger
25.32 students or peers and increases students' interest in pursuing a teaching career;
26.1 (2) developing and offering postsecondary enrollment options for "Introduction to
26.2 Teaching" or "Introduction to Education" courses consistent with section 124D.09,
26.3 subdivision 10, that meet degree requirements for teacher licensure;
26.4 (2) (3) providing direct support, including wrap-around services, for students who are
26.5 of color or American Indian to enroll and be successful in postsecondary enrollment options
26.6 courses under section 124D.09 that would meet degree requirements for teacher licensure;
26.7 or
26.8 (3) (4) offering scholarships to graduating high school students who are of color or
26.9 American Indian to enroll in board-approved undergraduate teacher preparation programs
26.10 at a college or university in Minnesota.
26.11 (c) The maximum grant award under this subdivision is $500,000. The commissioner
26.12 may consider the number of participants a grant recipient intends to support when determining
26.13 a grant amount.
26.14 Sec. 21. Minnesota Statutes 2022, section 123B.147, subdivision 3, is amended to read:
26.15 Subd. 3.Duties; evaluation. (a) The principal shall provide administrative, supervisory,
26.16 and instructional leadership services, under the supervision of the superintendent of schools
26.17 of the district and according to the policies, rules, and regulations of the school board, for
26.18 the planning, management, operation, and evaluation of the education program of the building
26.19 or buildings to which the principal is assigned.
26.20 (b) To enhance a principal's culturally responsive leadership skills and support and
26.21 improve teaching practices, school performance, and student achievement for diverse student
26.22 populations, including at-risk students, children with disabilities, English learners, and gifted
26.23 students, among others, a district must develop and implement a performance-based system
26.24 for annually evaluating school principals assigned to supervise a school building within the
26.25 district. The evaluation must be designed to improve teaching and learning by supporting
26.26 the principal in shaping the school's professional environment and developing teacher
26.27 quality, performance, and effectiveness. The annual evaluation must:
26.28 (1) support and improve a principal's instructional leadership, organizational management,
26.29 and professional development, and strengthen the principal's capacity in the areas of
26.30 instruction, supervision, evaluation, and teacher development;
26.31 (2) support and improve a principal's culturally responsive leadership practices that
26.32 create inclusive and respectful teaching and learning environments for all students, families,
26.33 and employees;
27.1 (2) (3) include formative and summative evaluations based on multiple measures of
27.2 student progress toward career and college readiness;
27.3 (3) (4) be consistent with a principal's job description, a district's long-term plans and
27.4 goals, and the principal's own professional multiyear growth plans and goals, all of which
27.5 must support the principal's leadership behaviors and practices, rigorous curriculum, school
27.6 performance, and high-quality instruction;
27.7 (4) (5) include on-the-job observations and previous evaluations;
27.8 (5) (6) allow surveys to help identify a principal's effectiveness, leadership skills and
27.9 processes, and strengths and weaknesses in exercising leadership in pursuit of school success;
27.10 (6) (7) use longitudinal data on student academic growth as 35 percent of the evaluation
27.11 and incorporate district achievement goals and targets;
27.12 (7) (8) be linked to professional development that emphasizes improved teaching and
27.13 learning, curriculum and instruction, student learning, culturally responsive leadership
27.14 practices, and a collaborative professional culture; and
27.15 (8) (9) for principals not meeting standards of professional practice or other criteria
27.16 under this subdivision, implement a plan to improve the principal's performance and specify
27.17 the procedure and consequence if the principal's performance is not improved.
27.18 The provisions of this paragraph are intended to provide districts with sufficient flexibility
27.19 to accommodate district needs and goals related to developing, supporting, and evaluating
27.20 principals.
27.21 EFFECTIVE DATE. This section is effective July 1, 2024.
27.22 Sec. 22. [124D.792] GRADUATION CEREMONIES; TRIBAL REGALIA AND
27.23 OBJECTS OF CULTURAL SIGNIFICANCE.
27.24 A school district or charter school must not prohibit an American Indian student from
27.25 wearing American Indian regalia, Tribal regalia, or objects of cultural significance at
27.26 graduation ceremonies.
27.27 EFFECTIVE DATE. This section is effective the day following final enactment.
27.28 Sec. 23. Minnesota Statutes 2022, section 124D.861, subdivision 2, is amended to read:
27.29 Subd. 2.Plan implementation; components. (a) The school board of each eligible
27.30 district must formally develop and implement a long-term plan under this section. The plan
27.31 must be incorporated into the district's comprehensive strategic plan under section 120B.11.
28.1 Plan components may include: innovative and integrated prekindergarten through grade 12
28.2 learning environments that offer students school enrollment choices; family engagement
28.3 initiatives that involve families in their students' academic life and success; professional
28.4 development opportunities for teachers and administrators focused on improving the academic
28.5 achievement of all students, including teachers and administrators who are members of
28.6 populations underrepresented among the licensed teachers or administrators in the district
28.7 or school and who reflect the diversity of students under section 120B.35, subdivision 3,
28.8 paragraph (b), clause (2), who are enrolled in the district or school; increased programmatic
28.9 opportunities and effective and more diverse instructors focused on rigor and college and
28.10 career readiness for underserved students, including students enrolled in alternative learning
28.11 centers under section 123A.05, public alternative programs under section 126C.05,
28.12 subdivision 15, and contract alternative programs under section 124D.69, among other
28.13 underserved students; or recruitment and retention of teachers and administrators with
28.14 diverse racial and ethnic backgrounds.
28.15 (b) The plan must contain goals for:
28.16 (1) reducing the disparities in academic achievement and in equitable access to effective
28.17 and more diverse teachers among all students and specific categories of students under
28.18 section 120B.35, subdivision 3, paragraph (b), excluding the student categories of gender,
28.19 disability, and English learners; and
28.20 (2) increasing racial and economic diversity and integration in schools and districts.
28.21 (c) The plan must include strategies to validate, affirm, embrace, and integrate cultural
28.22 and community strengths of all students, families, and employees in the district's curriculum
28.23 as well as learning and work environments. The plan must address issues of institutional
28.24 racism as defined in section 120B.11, subdivision 1, in schools that create opportunity and
28.25 achievement gaps for students, families, and staff who are of color or who are American
28.26 Indian. Examples of institutional racism experienced by students who are of color or who
28.27 are American Indian include policies and practices that intentionally or unintentionally
28.28 result in disparate discipline referrals and suspension, inequitable access to advanced
28.29 coursework, overrepresentation in lower-level coursework, inequitable participation in
28.30 cocurricular activities, inequitable parent involvement, and lack of equitable access to
28.31 racially and ethnically diverse teachers who reflect the racial or ethnic diversity of students
28.32 because it has not been a priority to hire or retain such teachers.
28.33 (d) School districts must use local data, to the extent practicable, to develop plan
28.34 components and strategies. Plans may include:
29.1 (1) innovative and integrated prekindergarten through grade 12 learning environments
29.2 that offer students school enrollment choices;
29.3 (2) family engagement initiatives that involve families in their students' academic life
29.4 and success and improve relations between home and school;
29.5 (3) opportunities for students, families, staff, and community members who are of color
29.6 or American Indian to share their experiences in the school setting with school staff and
29.7 administration and to inform the development of specific proposals for making school
29.8 environments more validating, affirming, embracing, and integrating of their cultural and
29.9 community strengths;
29.10 (4) professional development opportunities for teachers and administrators focused on
29.11 improving the academic achievement of all students, including knowledge, skills, and
29.12 dispositions needed to be antiracist and culturally sustaining as defined in section 120B.11,
29.13 subdivision 1, for serving students who are from racially and ethnically diverse backgrounds;
29.14 (5) recruitment and retention of teachers, administrators, cultural and family liaisons,
29.15 paraprofessionals, and other staff from racial, ethnic, and linguistic backgrounds represented
29.16 in the student population to strengthen relationships with all students, families, and other
29.17 members of the community;
29.18 (6) collection, examination, and evaluation of academic and discipline data for
29.19 institutional racism as defined in section 120B.11, subdivision 1, in structures, policies, and
29.20 practices that result in the education disparities, in order to propose antiracist changes as
29.21 defined in section 120B.11, subdivision 1, that increase access, meaningful participation,
29.22 representation, and positive outcomes for students of color and American Indian students;
29.23 (7) increased programmatic opportunities and effective and more diverse instructors
29.24 focused on rigor and college and career readiness for students who are impacted by racial,
29.25 gender, linguistic, and economic disparities, including students enrolled in area learning
29.26 centers or alternative learning programs under section 123A.05, state-approved alternative
29.27 programs under section 126C.05, subdivision 15, and contract alternative programs under
29.28 section 124D.69, among other underserved students;
29.29 (8) ethnic studies curriculum as defined in section 120B.11, subdivision 1, to provide
29.30 all students with opportunities to learn about their own and others' cultures and historical
29.31 experiences; or
29.32 (9) examination and revision of district curricula in all subjects to be inclusive of diverse
29.33 racial and ethnic groups while meeting state academic standards and being culturally
30.1 sustaining as defined in section 120B.11, subdivision 1, ensuring content being studied
30.2 about any group is accurate and based in knowledge from that group.
30.3 (b) (e) Among other requirements, an eligible district must implement effective,
30.4 research-based interventions that include formative multiple measures of assessment practices
30.5 and engagement in order to reduce the eliminate academic disparities in student academic
30.6 performance among the specific categories of students as measured by student progress and
30.7 growth on state reading and math assessments and for students impacted by racial, gender,
30.8 linguistic, and economic inequities as aligned with section 120B.11.
30.9 (c) (f) Eligible districts must create efficiencies and eliminate duplicative programs and
30.10 services under this section, which may include forming collaborations or a single,
30.11 seven-county metropolitan areawide partnership of eligible districts for this purpose.
30.12 EFFECTIVE DATE. This section is effective for all plans reviewed and updated after
30.13 the day following final enactment.
30.14 Sec. 24. APPROPRIATIONS; DEPARTMENT OF EDUCATION.
30.15 Subdivision 1.Department of Education. The sums indicated in this section are
30.16 appropriated from the general fund to the Department of Education for the fiscal year
30.17 designated.
30.18 Subd. 2.Closing educational opportunity gaps grants. (a) To support schools in their
30.19 efforts to close opportunity gaps under Minnesota Statutes, section 120B.113:
|
30.20
|
|
$
|
10,000,000
|
.....
|
2024
|
|
30.21
|
|
$
|
10,000,000
|
.....
|
2025
|
30.22 (b) The department may retain up to five percent of this appropriation to administer the
30.23 grant program.
30.24 (c) The base for fiscal year 2026 and later is $10,000,000.
30.25 Subd. 3.Grow Your Own pathways to teacher licensure grants. (a) For grants to
30.26 develop, continue, or expand Grow Your Own new teacher programs under Minnesota
30.27 Statutes, section 122A.73, to develop a teaching workforce that more closely reflects the
30.28 state's increasingly diverse student population and ensure all students have equitable access
30.29 to effective and diverse teachers:
|
30.30
|
|
$
|
35,000,000
|
.....
|
2024
|
|
30.31
|
|
$
|
35,000,000
|
.....
|
2025
|
30.32 (b) Any balance does not cancel but is available in the following fiscal year.
31.1 (c) Of this amount in each fiscal year, at least $3,000,000 is for teacher residency
31.2 programs under Minnesota Statutes, section 122A.68, subdivision 3.
31.3 (d) The base for fiscal year 2026 and later is $35,000,000.
31.4 (e) The department may retain up to $100,000 of the appropriation amount to monitor
31.5 and administer the grant program.
31.6 Subd. 4.Come Teach in Minnesota hiring bonuses. (a) For the Come Teach in
31.7 Minnesota hiring bonuses pilot program under Minnesota Statutes, section 122A.59:
|
31.8
|
|
$
|
0
|
.....
|
2024
|
|
31.9
|
|
$
|
200,000
|
.....
|
2025
|
31.10 (b) The department may use up to $30,000 of the appropriation amount to administer
31.11 and improve the program under this subdivision.
31.12 Subd. 5.American Indian teacher preparation grants. (a) For joint grants to assist
31.13 American Indian people to become teachers under Minnesota Statutes, section 122A.63:
|
31.14
|
|
$
|
750,000
|
.....
|
2024
|
|
31.15
|
|
$
|
750,000
|
.....
|
2025
|
31.16 (b) The department may use up to five percent of the appropriation amount to administer
31.17 the grant program.
31.18 Subd. 6.Expanded concurrent enrollment grants. (a) For grants to institutions offering
31.19 "Introduction to Teaching" or "Introduction to Education" college in the schools courses
31.20 under Minnesota Statutes, section 124D.09, subdivision 10, paragraph (b):
|
31.21
|
|
$
|
500,000
|
.....
|
2024
|
|
31.22
|
|
$
|
500,000
|
.....
|
2025
|
31.23 (b) The department may retain up to five percent of the appropriation amount to monitor
31.24 and administer the grant program.
31.25 (c) Any remaining grant funds not spent in the first year are eligible for use in the second
31.26 year.
31.27 Subd. 7.Underrepresented student teacher grants. (a) For transfer to the Office of
31.28 Higher Education for grants to underrepresented student teachers under Minnesota Statutes,
31.29 section 136A.1274:
|
31.30
|
|
$
|
1,000,000
|
.....
|
2024
|
|
31.31
|
|
$
|
1,000,000
|
.....
|
2025
|
32.1 (b) Any balance in the first year does not cancel but is available in the second year.
32.2 (c) The base for fiscal year 2026 and later is $1,000,000.
32.3 Subd. 8.Aspiring teachers of color. (a) For transfer to the Office of Higher Education
32.4 for the aspiring teachers of color scholarship pilot program under Laws 2021, First Special
32.5 Session chapter 2, article 2, section 45:
|
32.6
|
|
$
|
3,000,000
|
.....
|
2024
|
|
32.7
|
|
$
|
3,000,000
|
.....
|
2025
|
32.8 (b) The base for fiscal year 2026 and later is $3,000,000.
32.9 Subd. 9.Teacher shortage loan repayment program. (a) For transfer to the teacher
32.10 shortage loan repayment account in the special revenue fund under Minnesota Statutes,
32.11 section 136A.1791, subdivision 8:
|
32.12
|
|
$
|
10,000,000
|
.....
|
2024
|
|
32.13
|
|
$
|
10,000,000
|
.....
|
2025
|
32.14 (b) Of the funds from the special revenue fund appropriated to or received by the
32.15 commissioner of higher education, $2,000,000 in fiscal year 2024 and $2,000,000 in fiscal
32.16 year 2025 must be used for disbursements to teachers who belong to a racial or ethnic group
32.17 underrepresented in the Minnesota teacher workforce.
32.18 (c) Any balance in the first year does not cancel but is available in the second year.
32.19 (d) The base for fiscal year 2026 and later is $5,000,000, of which at least 50 percent
32.20 must be used for disbursements to teachers who belong to a racial or ethnic group
32.21 underrepresented in the Minnesota teacher workforce.
32.22 Subd. 14.Coalition to Increase Teachers of Color and American Indian Teachers. (a)
32.23 For a grant to the Coalition to Increase Teachers of Color and American Indian Teachers
32.24 in Minnesota for nonlobbying activities and general operating expenses that support the
32.25 recruitment and retention of racially and ethnically diverse teachers underrepresented in the
32.26 state's workforce:
|
32.27
|
|
$
|
200,000
|
.....
|
2024
|
|
32.28
|
|
$
|
200,000
|
.....
|
2025
|
32.29 (b) Any balance in the first year does not cancel but is available in the second year.
32.30 EFFECTIVE DATE. This section is effective July 1, 2023.
33.1 Sec. 25. APPROPRIATIONS; PROFESSIONAL EDUCATOR LICENSING AND
33.2 STANDARDS BOARD.
33.3 Subdivision 1.Professional Educator Licensing and Standards Board. The sum
33.4 indicated in this section is appropriated from the general fund to the Professional Educator
33.5 Licensing and Standards Board for the fiscal year designated.
33.6 Subd. 2.Collaborative urban and greater Minnesota educators of color grants. (a)
33.7 For collaborative urban and greater Minnesota educators of color competitive grants under
33.8 Minnesota Statutes, section 122A.635:
|
33.9
|
|
$
|
6,000,000
|
.....
|
2024
|
|
33.10
|
|
$
|
6,000,000
|
.....
|
2025
|
33.11 (b) The board may retain up to $100,000 of the appropriation amount to monitor and
33.12 administer the grant program.
33.13 (c) Any balance does not cancel but is available in the following fiscal year.
33.14 (d) The base appropriation for fiscal year 2026 and later is $6,000,000.
33.15 Subd. 3.Reports on increasing percentage of teachers of color and American Indian
33.16 teachers. (a) For a half-time equivalent employee to complete reports on state-funded
33.17 programs to increase the percentage of teachers of color and American Indian teachers in
33.18 Minnesota schools in accordance with Minnesota Statutes, section 120B.117, and process
33.19 reports under Minnesota Statutes, sections 122A.40, subdivision 3, and 122A.41, subdivision
33.20 16:
|
33.21
|
|
$
|
60,000
|
.....
|
2024
|
|
33.22
|
|
$
|
60,000
|
.....
|
2025
|
33.23 (b) The base for fiscal year 2026 and every year after is $60,000.
33.24 Subd. 4.Mentoring, induction, and retention incentive program grants for teachers
33.25 of color. (a) To develop and expand mentoring, induction, and retention programs designed
33.26 for teachers of color or American Indian teachers under Minnesota Statutes, section 122A.70:
|
33.27
|
|
$
|
3,500,000
|
.....
|
2024
|
|
33.28
|
|
$
|
3,500,000
|
.....
|
2025
|
33.29 (b) Any balance does not cancel but is available in the following fiscal year.
33.30 (c) The base for grants under Minnesota Statutes, section 122A.70, for fiscal year 2026
33.31 and later is $4,500,000, of which at least $3,500,000 each fiscal year is for grants to develop
34.1 and expand mentoring, induction, and retention programs designed for teachers of color or
34.2 American Indian teachers.
34.3 (d) The board may retain up to three percent of the appropriation amount to monitor and
34.4 administer the grant program.
34.5 Subd. 5.Teacher recruitment marketing campaign. (a) To develop two contracts to
34.6 develop and implement an outreach and marketing campaign under this subdivision:
|
34.7
|
|
$
|
500,000
|
.....
|
2024
|
|
34.8
|
|
$
|
500,000
|
.....
|
2025
|
34.9 (b) The Professional Educator Licensing and Standards Board must issue a request for
34.10 proposals to develop and implement an outreach and marketing campaign to elevate the
34.11 profession and recruit teachers, especially teachers of color and American Indian teachers.
34.12 Outreach efforts should include and support current and former Teacher of the Year finalists
34.13 interested in being recruitment fellows to encourage prospective educators throughout the
34.14 state.
34.15 (c) The outreach and marketing campaign must focus on increasing interest in teaching
34.16 in Minnesota public schools for the following individuals:
34.17 (1) high school and college students of color or American Indian students who have not
34.18 chosen a career path; or
34.19 (2) adults from racial or ethnic groups underrepresented in the teacher workforce who
34.20 may be seeking to change careers.
34.21 (d) The board must award two $250,000 grants each year to firms or organizations that
34.22 demonstrate capacity to reach wide and varied audiences of prospective teachers based on
34.23 a work plan with quarterly deliverables. Preferences should be given to firms or organizations
34.24 that are led by people of color and that have people of color working on the campaign with
34.25 a proven record of success. The grant recipients must recognize current pathways or programs
34.26 to become a teacher and must partner with educators, schools, institutions, and racially
34.27 diverse communities. The grant recipients are encouraged to provide in-kind contributions
34.28 or seek funds from nonstate sources to supplement the grant award.
34.29 (e) The board may use no more than three percent of the appropriation amount to
34.30 administer the program under this subdivision, and may have an interagency agreement
34.31 with the Department of Education including transfer of funds to help administer the program.
34.32 (f) Any balance in the first year does not cancel but is available in the second year.
35.1 EFFECTIVE DATE. This section is effective July 1, 2023.
