Text of MN HF 3538 (2026)

1.1 A bill for an act​ 1.2 relating to education; prohibiting classroom instruction related to gender identity​ 1.3 in public schools; requiring parental notification; establishing a grant program to​ 1.4 include firearms safety, trap shooting, archery, hunting, and angling in school​ 1.5 physical education courses; requiring a report; appropriating money; proposing​ 1.6 coding for new law in Minnesota Statutes, chapters 120B; 121A.​ 1.7 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:​ 1.8 Section 1. [120B.111] SEXUAL ORIENTATION OR GENDER IDENTITY.​ 1.9 An individual or group of individuals providing classroom instruction to students at a​ 1.10 public school must not engage in classroom discussion or provide classroom instruction​ 1.11 regarding sexual orientation or gender identity to students in kindergarten through grade 8.​ 1.12 The commissioner must provide schools with guidelines to implement and enforce this​ 1.13 section.​ 1.14 EFFECTIVE DATE. This section is effective for the 2026-2027 school year and later.​ 1.15 Sec. 2. [121A.0655] PARENTAL NOTICE; STUDENT HEALTH AND​ 1.16 WELL-BEING.​ 1.17 Subdivision 1. Parental notice; procedure. The commissioner must adopt procedures​ 1.18 for a public school to notify a student's parent or guardian if there is a change in the student's​ 1.19 services or monitoring related to the student's mental, emotional, or physical health or​ 1.20 well-being, or a change in the school's ability to provide a safe and supportive learning​ 1.21 environment for the student. The procedures must reinforce the fundamental rights of a​ 1.22 parent or guardian to make decisions regarding the upbringing and control of their child by​ 1.23 requiring school personnel to encourage a student to discuss issues relating to the student's​ 1​ Sec. 2.​ REVISOR CR/BM 26-06595​ 01/29/26 ​ State of Minnesota​ This Document can be made available​ in alternative formats upon request​ HOUSE OF REPRESENTATIVES​ H. F. No. 3538​ NINETY-FOURTH SESSION​ 2.1 well-being with their parent or guardian or to facilitate discussion of the issue with the​ 2.2 parent or guardian. The procedures must not prohibit a parent or guardian from accessing​ 2.3 any of their child's education and health records created, maintained, or used by the school​ 2.4 district.​ 2.5 Subd. 2. Health care services; notice. At the beginning of the school year, a school​ 2.6 board or charter school board of directors must notify parents and guardians of each health​ 2.7 care service offered at their child's school and the option to withhold consent to or decline​ 2.8 any specific service. Parental consent to a health care service does not waive the parent's​ 2.9 or guardian's right to access their child's health records or to be notified about a change in​ 2.10 their child's services or monitoring.​ 2.11 Subd. 3. Questionnaire or health screening form. Before administering a student​ 2.12 well-being questionnaire or health screening form to a student in kindergarten through grade​ 2.13 8, a school board or charter school board must provide the questionnaire or health screening​ 2.14 form to the student's parent or guardian and obtain the parent's or guardian's prior written​ 2.15 permission to administer the questionnaire or form.​ 2.16 Subd. 4. Prohibited procedures. A school board or charter school board of directors​ 2.17 must not adopt procedures that prohibit school employees from notifying a parent or guardian​ 2.18 about their child's mental, emotional, or physical health or well-being, or a change in related​ 2.19 services or monitoring, or that encourage or have the effect of encouraging a student to​ 2.20 withhold such information from a parent or guardian. A school employee must not discourage​ 2.21 or prohibit parental notification of and involvement in critical decisions affecting a student's​ 2.22 mental, emotional, or physical health or well-being.​ 2.23 Subd. 5. Principal notification; parent concern; appeal. (a) A school board or charter​ 2.24 school board of directors must adopt procedures for a parent or guardian to notify the school​ 2.25 principal, or their designee, regarding the process for resolving concerns. The concerns​ 2.26 must be resolved within seven calendar days after the parental notification. If the concern​ 2.27 remains unresolved within 30 calendar days after the parental notification to the principal,​ 2.28 the school board or charter school board of directors must either resolve the concern or​ 2.29 provide a statement of the reasons for not resolving the concern.​ 2.30 (b) Within 30 calendar days following the local board's decision or statement under​ 2.31 paragraph (a), a parent or guardian may:​ 2.32 (1) file an appeal of the decision or a complaint with the commissioner of education.​ 2.33 The commissioner must determine facts relating to the dispute over the district's or charter​ 2.34 school's practice or procedure, consider information provided by the district or charter​ 2​ Sec. 2.​ REVISOR CR/BM 26-06595​ 01/29/26 ​ 3.1 school, and provide a recommended decision for resolution to the school board or charter​ 3.2 school board of directors within 30 days after receipt of the appeal; or​ 3.3 (2) bring an action against the school board or charter school board of directors to obtain​ 3.4 a declaratory judgment that the board's procedure or practice violates this section and seek​ 3.5 injunctive relief. A court may award damages and must award reasonable attorney fees and​ 3.6 court costs to a parent or guardian who receives declaratory or injunctive relief.​ 3.7 (c) A school board or charter school board of directors must adopt policies to notify​ 3.8 parents and guardians of the procedures available under this section.​ 3.9 EFFECTIVE DATE. This section is effective for the 2026-2027 school year and later.​ 3.10 Sec. 3. GRANT PROGRAM; FIREARMS SAFETY, ARCHERY, HUNTING, AND​ 3.11 ANGLING IN SCHOOL PHYSICAL EDUCATION COURSES.​ 3.12 Subdivision 1. Program. The commissioner of natural resources must create a grant​ 3.13 program to increase firearms safety, trap shooting, archery, hunting, and angling activities​ 3.14 in physical education courses in Minnesota school districts. A school must ensure that​ 3.15 activities funded under the program are consistent with required state standards for physical​ 3.16 education.​ 3.17 Subd. 2. Eligibility. (a) A school district or American Indian-controlled Tribal contract​ 3.18 or grant school must apply to the commissioner of natural resources to participate in the​ 3.19 program in the form and manner determined by the commissioner.​ 3.20 (b) The commissioner must seek geographic balance among schools selected for​ 3.21 participation.​ 3.22 Subd. 3. Report. By January 15, 2027, the commissioner must submit a report to the​ 3.23 chairs and ranking minority members of the legislative committees with jurisdiction over​ 3.24 kindergarten through grade 12 education and natural resources finance and policy. The​ 3.25 report must be in writing and must report on activities funded by the grant program and​ 3.26 program outcomes.​ 3.27 Subd. 4. Appropriation. (a) $1,000,000 in fiscal year 2027 is appropriated from the​ 3.28 general fund to the commissioner of natural resources to implement the program under this​ 3.29 section. This is a onetime appropriation.​ 3.30 (b) Money appropriated for the program may be used for Department of Natural​ 3.31 Resources personnel costs, curriculum development, reporting costs, school staff training,​ 3.32 outdoor sports licenses for participating students, and equipment used in courses.​ 3​ Sec. 3.​ REVISOR CR/BM 26-06595​ 01/29/26 ​