Text of MN HF 5237 (2024)

1.1 A bill for an act​ 1.2 relating to education; providing for supplemental funding for prekindergarten​ 1.3 through grade 12 education; modifying provisions for general education, education​ 1.4 excellence, American Indian education, teachers, charter schools, special education,​ 1.5 facilities, nutrition, libraries, early childhood education, and state agencies; making​ 1.6 forecast adjustments; requiring reports; appropriating money; amending Minnesota​ 1.7 Statutes 2022, sections 120A.41; 122A.415, by adding a subdivision; 122A.73,​ 1.8 subdivision 4; 124E.22; 126C.05, subdivision 15; 126C.10, subdivision 13a;​ 1.9 Minnesota Statutes 2023 Supplement, sections 121A.642; 122A.415, subdivision​ 1.10 4; 122A.73, subdivisions 2, 3; 122A.77, subdivisions 1, 2, 3; 123B.92, subdivision​ 1.11 11; 124D.151, subdivision 6; 124D.65, subdivision 5; 124D.81, subdivision 2b;​ 1.12 124D.901, subdivision 3; 124D.995, subdivision 3; 124E.13, subdivision 1;​ 1.13 126C.10, subdivisions 2e, 3, 3c, 13; Laws 2023, chapter 18, section 4, subdivisions​ 1.14 2, as amended, 3, as amended; Laws 2023, chapter 54, section 20, subdivisions 6,​ 1.15 7, 9, 17, 24; Laws 2023, chapter 55, article 1, section 36, subdivisions 2, 3, 4, 5,​ 1.16 6, 7, 8, 9; article 2, section 64, subdivisions 2, 6, 14, 16, 21, 23, 26, 31; article 4,​ 1.17 section 21, subdivisions 2, 5; article 5, sections 64, subdivisions 3, 5, 13, 14, 15,​ 1.18 16; 65, subdivisions 3, 6; article 7, section 18, subdivisions 2, 3, 4, 6, 7; article 8,​ 1.19 section 19, subdivisions 3, 5, 6; article 9, section 18, subdivisions 4, 8; article 11,​ 1.20 section 11, subdivisions 2, 3, 5, 10; repealing Laws 2023, chapter 55, article 10,​ 1.21 section 4.​ 1.22 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:​ 1.23 ARTICLE 1​ 1.24 GENERAL EDUCATION​ 1.25 Section 1. Minnesota Statutes 2022, section 120A.41, is amended to read:​ 1.26 120A.41 LENGTH OF SCHOOL YEAR; HOURS OF INSTRUCTION.​ 1.27 (a) A school board's annual school calendar must include at least 425 hours of instruction​ 1.28 for a kindergarten student without a disability, 935 hours of instruction for a student in​ 1.29 grades 1 through 6, and 1,020 hours of instruction for a student in grades 7 through 12, not​ 1​ Article 1 Section 1.​ REVISOR CR/MI 24-07581​ 03/21/24 ​ State of Minnesota​ This Document can be made available​ in alternative formats upon request​ HOUSE OF REPRESENTATIVES​ H. F. No. 5237​ NINETY-THIRD SESSION​ Authored by Youakim​ 04/02/2024​ The bill was read for the first time and referred to the Committee on Education Finance​ 2.1 including summer school. The school calendar for all-day kindergarten must include at least​ 2.2 850 hours of instruction for the school year. The school calendar for a prekindergarten​ 2.3 student under section 124D.151, if offered by the district, must include at least 350 hours​ 2.4 of instruction for the school year. A school board's annual calendar must include at least​ 2.5 165 days of instruction for a student in grades 1 through 11 unless a four-day week schedule​ 2.6 has been approved by the commissioner under section 124D.126.​ 2.7 (b) A school board's annual school calendar may include plans for up to five days of​ 2.8 instruction provided through online instruction due to inclement weather. The inclement​ 2.9 weather plans must be developed according to section 120A.414.​ 2.10 Sec. 2. Minnesota Statutes 2023 Supplement, section 123B.92, subdivision 11, is amended​ 2.11 to read:​ 2.12 Subd. 11. Area learning center transportation aid. (a) A district or cooperative unit​ 2.13 that provides transportation of pupils to and from an area learning center program established​ 2.14 under section 123A.05 is eligible for state aid to reimburse the additional costs of​ 2.15 transportation during the preceding fiscal year.​ 2.16 (b) A district or cooperative unit may apply to the commissioner of education for state​ 2.17 aid to reimburse the costs of transporting pupils who are enrolled in an area learning center​ 2.18 program established under section 123A.05 during the preceding fiscal year. The​ 2.19 commissioner shall develop the form and manner of applications for state aid, the criteria​ 2.20 to determine when transportation is necessary, and the accounting procedure to determine​ 2.21 excess costs. In determining aid amounts, the commissioner shall consider other revenue​ 2.22 received by the district or cooperative unit for transportation for area learning center purposes.​ 2.23 (c) The total aid entitlement for this section is $1,000,000 each year. The commissioner​ 2.24 must prorate aid if this amount is insufficient to reimburse district costs for a district or​ 2.25 cooperative unit.​ 2.26 Sec. 3. Minnesota Statutes 2023 Supplement, section 124D.65, subdivision 5, is amended​ 2.27 to read:​ 2.28 Subd. 5. School district EL revenue. (a) For fiscal year 2024 through fiscal year 2026,​ 2.29 a district's English learner programs revenue equals the sum of:​ 2.30 (1) the product of (i) $1,228, and (ii) the greater of 20 or the adjusted average daily​ 2.31 membership of eligible English learners enrolled in the district during the current fiscal​ 2.32 year; and​ 2​ Article 1 Sec. 3.​ REVISOR CR/MI 24-07581​ 03/21/24 ​ 3.1 (2) $436 times the English learner pupil units under section 126C.05, subdivision 17.​ 3.2 (b) For fiscal year 2027 and later, a district's English learner programs revenue equals​ 3.3 the sum of:​ 3.4 (1) the product of (i) $1,775, and (ii) the greater of 20 or the adjusted average daily​ 3.5 membership of eligible English learners enrolled in the district during the current fiscal​ 3.6 year;​ 3.7 (2) $630 times the English learner pupil units under section 126C.05, subdivision 17;​ 3.8 and​ 3.9 (3) the district's English learner cross subsidy aid. A district's English learner cross​ 3.10 subsidy aid under paragraph (c) equals 25 percent of the district's English learner cross​ 3.11 subsidy under paragraph (c) for fiscal year 2027 and later.​ 3.12 (c) A district's English learner cross subsidy aid equals the greater of zero or the difference​ 3.13 between the district's expenditures for qualifying English learner services for the second​ 3.14 previous year and the district's English learner revenue for the second previous year.​ 3.15 "Qualifying English learner services" means the services necessary to implement the​ 3.16 Language Instruction Educational Program for students identified as English learners under​ 3.17 sections 124D.58 to 124D.65. Only expenditures that both address the English language​ 3.18 development standards in Minnesota Rules, parts 3501.1200 and 3501.1210, which may​ 3.19 include home language instruction, and are supplemental to the cost of core content​ 3.20 instruction may be included as expenditures for qualifying English learner services.​ 3.21 Expenditures do not include costs related to construction, indirect costs, core content​ 3.22 instruction, or core administrative personnel.​ 3.23 (d) A pupil ceases to generate state English learner aid in the school year following the​ 3.24 school year in which the pupil attains the state cutoff score on a commissioner-provided​ 3.25 assessment that measures the pupil's emerging academic English.​ 3.26 Sec. 4. Minnesota Statutes 2023 Supplement, section 124D.995, subdivision 3, is amended​ 3.27 to read:​ 3.28 Subd. 3. Money appropriated. (a) Subject to the availability of funds, money in the​ 3.29 account is annually appropriated to the commissioner of education to reimburse school​ 3.30 districts; charter schools; intermediate school districts and cooperative units under section​ 3.31 123A.24, subdivision 2; the Perpich Center for Arts Education; and the Minnesota State​ 3.32 Academies for costs associated with providing unemployment benefits to school employees​ 3.33 under section 268.085, subdivision 7, paragraph (b).​ 3​ Article 1 Sec. 4.​ REVISOR CR/MI 24-07581​ 03/21/24 ​ 4.1 (b) The Perpich Center for Arts Education and the Minnesota State Academies may only​ 4.2 apply to the commissioner for reimbursement of unemployment insurance amounts in excess​ 4.3 of the amounts specifically identified in their annual agency appropriations.​ 4.4 (c) If the amount in the account is insufficient, the commissioner must proportionately​ 4.5 reduce the aid payment to each recipient. Aid payments must be paid 100 90 percent in the​ 4.6 current year and 10 percent in the following year.​ 4.7 Sec. 5. Minnesota Statutes 2022, section 126C.05, subdivision 15, is amended to read:​ 4.8 Subd. 15. Learning year pupil units. (a) When a pupil is enrolled in a learning year​ 4.9 program under section 124D.128, an area learning center or an alternative learning program​ 4.10 approved by the commissioner under sections 123A.05 and 123A.06, or a contract alternative​ 4.11 program under section 124D.68, subdivision 3, paragraph (d), or subdivision 4, for more​ 4.12 than 1,020 hours in a school year for a secondary student, more than 935 hours in a school​ 4.13 year for an elementary student, more than 850 hours in a school year for a kindergarten​ 4.14 student without a disability in an all-day kindergarten program, or more than 425 hours in​ 4.15 a school year for a half-day kindergarten student without a disability, that pupil may be​ 4.16 counted as more than one pupil in average daily membership for purposes of section 126C.10,​ 4.17 subdivision 2a. The amount in excess of one pupil must be determined by the ratio of the​ 4.18 number of hours of instruction provided to that pupil in excess of: (i) the greater of 1,020​ 4.19 hours or the number of hours required for a full-time secondary pupil in the district to 1,020​ 4.20 for a secondary pupil; (ii) the greater of 935 hours or the number of hours required for a​ 4.21 full-time elementary pupil in the district to 935 for an elementary pupil in grades 1 through​ 4.22 6; and (iii) the greater of 850 hours or the number of hours required for a full-time​ 4.23 kindergarten student without a disability in the district to 850 for a kindergarten student​ 4.24 without a disability. Hours that occur after the close of the instructional year in June shall​ 4.25 be attributable to the following fiscal year. A student in kindergarten or grades 1 through​ 4.26 12 must not be counted as more than 1.2 pupils in average daily membership under this​ 4.27 subdivision.​ 4.28 (b)(i) To receive general education revenue for a pupil in an area learning center or​ 4.29 alternative learning program that has an independent study component, a district must meet​ 4.30 the requirements in this paragraph. The district must develop, for the pupil, a continual​ 4.31 learning plan consistent with section 124D.128, subdivision 3. Each school district that has​ 4.32 an area learning center or alternative learning program must reserve revenue in an amount​ 4.33 equal to at least 90 and not more than 100 percent of the district average general education​ 4.34 revenue per pupil unit, minus an amount equal to the product of the formula allowance​ 4​ Article 1 Sec. 5.​ REVISOR CR/MI 24-07581​ 03/21/24 ​ 5.1 according to section 126C.10, subdivision 2, times .0466, calculated without basic skills​ 5.2 revenue, local optional revenue, and transportation sparsity revenue, times the number of​ 5.3 pupil units generated by students attending an area learning center or alternative learning​ 5.4 program. The amount of reserved revenue available under this subdivision may only be​ 5.5 spent for program costs associated with the area learning center or alternative learning​ 5.6 program. Basic skills revenue generated according to section 126C.10, subdivision 4, by​ 5.7 pupils attending the eligible program must be allocated to the program.​ 5.8 (ii) General education revenue for a pupil in a state-approved alternative program without​ 5.9 an independent study component must be prorated for a pupil participating for less than a​ 5.10 full year, or its equivalent. The district must develop a continual learning plan for the pupil,​ 5.11 consistent with section 124D.128, subdivision 3. Each school district that has an area learning​ 5.12 center or alternative learning program must reserve revenue in an amount equal to at least​ 5.13 90 and not more than 100 percent of the district average general education revenue per pupil​ 5.14 unit, minus an amount equal to the product of the formula allowance according to section​ 5.15 126C.10, subdivision 2, times .0466, calculated without basic skills revenue, local optional​ 5.16 revenue, and transportation sparsity revenue, times the number of pupil units generated by​ 5.17 students attending an area learning center or alternative learning program. The amount of​ 5.18 reserved revenue available under this subdivision may only be spent for program costs​ 5.19 associated with the area learning center or alternative learning program. Basic skills revenue​ 5.20 generated according to section 126C.10, subdivision 4, by pupils attending the eligible​ 5.21 program must be allocated to the program.​ 5.22 (iii) General education revenue for a pupil in a state-approved alternative program that​ 5.23 has an independent study component must be paid for each hour of teacher contact time​ 5.24 and each hour of independent study time completed toward a credit or graduation standards​ 5.25 necessary for graduation. Average daily membership for a pupil shall equal the number of​ 5.26 hours of teacher contact time and independent study time divided by 1,020.​ 5.27 (iv) For a state-approved alternative program having an independent study component,​ 5.28 the commissioner shall require a description of the courses in the program, the kinds of​ 5.29 independent study involved, the expected learning outcomes of the courses, and the means​ 5.30 of measuring student performance against the expected outcomes.​ 5.31 Sec. 6. Minnesota Statutes 2023 Supplement, section 126C.10, subdivision 2e, is amended​ 5.32 to read:​ 5.33 Subd. 2e. Local optional revenue. (a) Local optional revenue for a school district equals​ 5.34 the sum of the district's first tier local optional revenue and second tier local optional revenue.​ 5​ Article 1 Sec. 6.​ REVISOR CR/MI 24-07581​ 03/21/24 ​ 6.1 A district's first tier local optional revenue equals $300 times the adjusted pupil units of the​ 6.2 district for that school year. A district's second tier local optional revenue equals $424 times​ 6.3 the adjusted pupil units of the district for that school year.​ 6.4 (b) A district's local optional levy equals the sum of the first tier local optional levy and​ 6.5 the second tier local optional levy.​ 6.6 (c) A district's first tier local optional levy equals the district's first tier local optional​ 6.7 revenue times the lesser of one or the ratio of the district's referendum market value per​ 6.8 resident pupil unit to $880,000.​ 6.9 (d) For fiscal year 2023, a district's second tier local optional levy equals the district's​ 6.10 second tier local optional revenue times the lesser of one or the ratio of the district's​ 6.11 referendum market value per resident pupil unit to $548,842. For fiscal year 2024, a district's​ 6.12 second tier local optional levy equals the district's second tier local optional revenue times​ 6.13 the lesser of one or the ratio of the district's referendum market value per resident pupil unit​ 6.14 to $510,000. For fiscal year 2025, a district's second tier local optional levy equals the​ 6.15 district's second tier local optional revenue times the lesser of one or the ratio of the district's​ 6.16 referendum market value per resident pupil unit to $587,244 $626,450. For fiscal year 2026,​ 6.17 a district's second tier local optional levy equals the district's second tier local optional​ 6.18 revenue times the lesser of one or the ratio of the district's referendum market value per​ 6.19 resident pupil unit to $642,038. For fiscal year 2027 and later, a district's second tier local​ 6.20 optional levy equals the district's second tier local optional revenue times the lesser of one​ 6.21 or the ratio of the district's referendum market value per resident pupil unit to $671,345.​ 6.22 (e) The local optional levy must be spread on referendum market value. A district may​ 6.23 levy less than the permitted amount.​ 6.24 (f) A district's local optional aid equals its local optional revenue minus its local optional​ 6.25 levy. If a district's actual levy for first or second tier local optional revenue is less than its​ 6.26 maximum levy limit for that tier, its aid must be proportionately reduced.​ 6.27 Sec. 7. Minnesota Statutes 2023 Supplement, section 126C.10, subdivision 3, is amended​ 6.28 to read:​ 6.29 Subd. 3. Compensatory education revenue. (a) For fiscal year 2024, the compensatory​ 6.30 education revenue for each building in the district equals the formula allowance minus $839​ 6.31 times the compensation revenue pupil units computed according to section 126C.05,​ 6.32 subdivision 3. A district's compensatory revenue equals the sum of its compensatory revenue​ 6.33 for each building in the district and the amounts designated under Laws 2015, First Special​ 6​ Article 1 Sec. 7.​ REVISOR CR/MI 24-07581​ 03/21/24 ​ 7.1 Session chapter 3, article 2, section 70, subdivision 8, for fiscal year 2017. Revenue shall​ 7.2 be paid to the district and must be allocated according to section 126C.15, subdivision 2.​ 7.3 (b) For fiscal year 2025, compensatory revenue must be calculated under Laws 2023,​ 7.4 chapter 18, section 3.​ 7.5 (c) For fiscal year 2026 and later, the compensatory education revenue for each building​ 7.6 in the district equals its compensatory pupils multiplied by the building compensatory​ 7.7 allowance. Revenue shall be paid to the district and must be allocated according to section​ 7.8 126C.15, subdivision 2.​ 7.9 (d) When the district contracting with an alternative program under section 124D.69​ 7.10 changes prior to the start of a school year, the compensatory revenue generated by pupils​ 7.11 attending the program shall be paid to the district contracting with the alternative program​ 7.12 for the current school year, and shall not be paid to the district contracting with the alternative​ 7.13 program for the prior school year.​ 7.14 (e) When the fiscal agent district for an area learning center changes prior to the start of​ 7.15 a school year, the compensatory revenue shall be paid to the fiscal agent district for the​ 7.16 current school year, and shall not be paid to the fiscal agent district for the prior school year.​ 7.17 (f) Notwithstanding paragraph (c), for voluntary prekindergarten programs under section​ 7.18 124D.151, charter schools, and contracted alternative programs in the first year of operation,​ 7.19 compensatory education revenue must be computed using data for the current fiscal year.​ 7.20 If the voluntary prekindergarten program, charter school, or contracted alternative program​ 7.21 begins operation after October 1, compensatory education revenue must be computed based​ 7.22 on pupils enrolled on an alternate date determined by the commissioner, and the​ 7.23 compensatory education revenue must be prorated based on the ratio of the number of days​ 7.24 of student instruction to 170 days.​ 7.25 (g) Notwithstanding paragraph (c), for fiscal year 2026, if the calculation under paragraph​ 7.26 (d) (c) results in statewide revenue of less than $838,947,000, additional revenue must be​ 7.27 provided to each building in a manner prescribed by the commissioner of education until​ 7.28 total statewide revenue equals $838,947,000.​ 7.29 (h) Notwithstanding paragraph (c), for fiscal year 2027, if the calculation under paragraph​ 7.30 (d) (c) results in statewide revenue of less than $857,152,000, additional revenue must be​ 7.31 provided to each building in a manner prescribed by the commissioner of education until​ 7.32 total statewide revenue equals $857,152,000.​ 7​ Article 1 Sec. 7.​ REVISOR CR/MI 24-07581​ 03/21/24 ​ 8.1 Sec. 8. Minnesota Statutes 2023 Supplement, section 126C.10, subdivision 3c, is amended​ 8.2 to read:​ 8.3 Subd. 3c. Statewide compensatory allowance. (a) For fiscal year 2026, the statewide​ 8.4 compensatory allowance is $6,734. For fiscal year 2027 and later, the statewide compensatory​ 8.5 allowance equals the statewide compensatory allowance in effect for the prior fiscal year​ 8.6 times the ratio of the formula allowance under section 126C.10, subdivision 2, for the current​ 8.7 fiscal year to the formula allowance under section 126C.10, subdivision 2, for the prior​ 8.8 fiscal year, rounded to the nearest whole dollar.​ 8.9 (b) For fiscal year 2026 and later, the statewide compensatory allowance equals the​ 8.10 statewide compensatory allowance in effect for the prior fiscal year times the ratio of the​ 8.11 formula allowance under section 126C.10, subdivision 2, for the current fiscal year to the​ 8.12 formula allowance under section 126C.10, subdivision 2, for the prior fiscal year, rounded​ 8.13 to the nearest whole dollar.​ 8.14 Sec. 9. Minnesota Statutes 2023 Supplement, section 126C.10, subdivision 13, is amended​ 8.15 to read:​ 8.16 Subd. 13. Total operating capital revenue. (a) Total operating capital revenue for a​ 8.17 district equals the sum of:​ 8.18 (1) $79 times the adjusted pupil units for the school year;​ 8.19 (2) the product of $109, the district's maintenance cost index, and its adjusted pupil units​ 8.20 for the school year plus the amount computed under paragraph (c); and​ 8.21 (3) $2 times the adjusted pupil units of the school district for the school year for the​ 8.22 purposes of supplying menstrual products under subdivision 14, clause (26), and opiate​ 8.23 antagonists under subdivision 14, clause (27).​ 8.24 (b) The revenue under this subdivision must be placed in a reserved account in the​ 8.25 general fund and may only be used according to subdivision 14.​ 8.26 (c) The revenue under paragraph (a), clause (2), for a district that operates a program​ 8.27 under section 124D.128, is increased by an amount equal to $31 times the number of adjusted​ 8.28 pupil units served at the site where the program is implemented.​ 8.29 (d) The revenue under paragraph (a), clause (3), is not subject to the operating capital​ 8.30 equalization levy formula in 126C.10, subdivision 13a.​ 8​ Article 1 Sec. 9.​ REVISOR CR/MI 24-07581​ 03/21/24 ​ 9.1 Sec. 10. Minnesota Statutes 2022, section 126C.10, subdivision 13a, is amended to read:​ 9.2 Subd. 13a. Operating capital levy. To obtain operating capital revenue, a district may​ 9.3 levy an amount not more than the product of its operating capital revenue for the fiscal year​ 9.4 times the lesser of one or the ratio of its adjusted net tax capacity per adjusted pupil unit to​ 9.5 the operating capital equalizing factor. The operating capital equalizing factor equals $23,902​ 9.6 for fiscal year 2020, $23,885 for fiscal year 2021, and $22,912 for fiscal year 2022 and later​ 9.7 2024, $23,138 for fiscal year 2025, and $22,912 for fiscal year 2026 and later.​ 9.8 Sec. 11. Laws 2023, chapter 55, article 1, section 36, subdivision 2, is amended to read:​ 9.9 Subd. 2. General education aid. (a) For general education aid under Minnesota Statutes,​ 9.10 section 126C.13, subdivision 4:​ 2024​ .....​ 9.11 8,093,493,000​ 8,103,909,000​ 9.12 $​ 2025​ .....​ 9.13 8,229,982,000​ 8,333,843,000​ 9.14 $​ 9.15 (b) The 2024 appropriation includes $707,254,000 for 2023 and $7,386,239,000​ 9.16 $7,396,655,000 for 2024.​ 9.17 (c) The 2025 appropriation includes $771,521,000 $771,421,000 for 2024 and​ 9.18 $7,458,461,000 $7,562,422,000 for 2025.​ 9.19 Sec. 12. Laws 2023, chapter 55, article 1, section 36, subdivision 8, is amended to read:​ 9.20 Subd. 8. One-room schoolhouse. (a) For a grant aid to Independent School District No.​ 9.21 690, Warroad, to operate the Angle Inlet School:​ 2024​ .....​ 65,000​ 9.22 $​ 2025​ .....​ 65,000​ 9.23 $​ 9.24 (b) This aid is 100 percent payable in the current year.​ 9.25 Sec. 13. BASIC SKILLS REVENUE ACCOUNT TRANSFERS.​ 9.26 Notwithstanding Minnesota Statutes, section 126C.15, subdivision 4, by June 30, 2025,​ 9.27 school districts with a balance in their basic skills revenue account that is restricted for use​ 9.28 on extended time programs must transfer those funds to an account that is restricted for​ 9.29 basic skills revenue.​ 9​ Article 1 Sec. 13.​ REVISOR CR/MI 24-07581​ 03/21/24 ​ 10.1 ARTICLE 2​ 10.2 EDUCATION EXCELLENCE​ 10.3 Section 1. Minnesota Statutes 2023 Supplement, section 121A.642, is amended to read:​ 10.4 121A.642 PARAPROFESSIONAL TRAINING.​ 10.5 Subdivision 1. Training required. A school district or, charter school, intermediate,​ 10.6 other cooperative unit, Perpich Center for Arts Education, or the Minnesota State Academies​ 10.7 must provide a minimum of eight hours of paid orientation or professional development​ 10.8 annually to all paraprofessionals, Title I aides, and other instructional support staff. Six of​ 10.9 the eight hours must be completed before the first instructional day of the school year or​ 10.10 within 30 days of hire. The orientation or professional development must be relevant to the​ 10.11 employee's occupation and may include collaboration time with classroom teachers and​ 10.12 planning for the school year. For paraprofessionals who provide direct support to students,​ 10.13 at least 50 percent of the professional development or orientation must be dedicated to​ 10.14 meeting the requirements of this section. Professional development for paraprofessionals​ 10.15 may also address the requirements of section 120B.363, subdivision 3. A school administrator​ 10.16 must provide an annual certification of compliance with this requirement to the commissioner.​ 10.17 Subd. 2. Reimbursement for paraprofessional training. (a) Beginning in fiscal year​ 10.18 2025, the commissioner of education must reimburse school districts, charter schools,​ 10.19 intermediate school districts and other cooperative units, the Perpich Center for Arts​ 10.20 Education, and the Minnesota State Academies in the form and manner specified by the​ 10.21 commissioner for paraprofessional training costs.​ 10.22 (b) The paraprofessional reimbursement equals the prior year compensation expenses​ 10.23 associated with providing up to eight hours of paid orientation and professional development​ 10.24 for each paraprofessional trained under subdivision 1. Compensation means the regular​ 10.25 hourly wage as defined in applicable collective bargaining agreements, Federal Insurance​ 10.26 Contributions Act (FICA) taxes under United States Code, title 26, chapter 21, and employer​ 10.27 contributions required under chapter 352, 353, 354, or 354A.​ 10.28 (c) The commissioner may establish procedures to ensure that any costs reimbursed​ 10.29 under this section are excluded from other school revenue calculations.​ 10.30 Sec. 2. Laws 2023, chapter 55, article 2, section 64, subdivision 2, is amended to read:​ 10.31 Subd. 2. Achievement and integration aid. (a) For achievement and integration aid​ 10.32 under Minnesota Statutes, section 124D.862:​ 10​ Article 2 Sec. 2.​ REVISOR CR/MI 24-07581​ 03/21/24 ​ 2024​ .....​ 11.1 83,330,000​ 82,818,000​ 11.2 $​ 2025​ .....​ 11.3 84,232,000​ 85,043,000​ 11.4 $​ 11.5 (b) The 2024 appropriation includes $8,172,000 for 2023 and $75,158,000 $74,646,000​ 11.6 for 2024.​ 11.7 (c) The 2025 appropriation includes $8,350,000 $8,294,000 for 2024 and $75,882,000​ 11.8 $76,749,000 for 2025.​ 11.9 Sec. 3. Laws 2023, chapter 55, article 2, section 64, subdivision 6, is amended to read:​ 11.10 Subd. 6. Charter school building lease aid. (a) For building lease aid under Minnesota​ 11.11 Statutes, section 124E.22:​ 2024​ .....​ 11.12 94,320,000​ 91,457,000​ 11.13 $​ 2025​ .....​ 11.14 98,166,000​ 94,906,000​ 11.15 $​ 11.16 (b) The 2024 appropriation includes $9,047,000 for 2023 and $85,273,000 $82,410,000​ 11.17 for 2024.​ 11.18 (c) The 2025 appropriation includes $9,474,000 $9,156,000 for 2024 and $88,692,000​ 11.19 $85,750,000 for 2025.​ 11.20 Sec. 4. Laws 2023, chapter 55, article 2, section 64, subdivision 14, is amended to read:​ 11.21 Subd. 14. Ethnic studies school grants. (a) For competitive grants to school districts​ 11.22 and charter schools to develop, evaluate, and implement ethnic studies courses:​ 2024​ .....​ 700,000​ 11.23 $​ 2025​ .....​ 700,000​ 11.24 $​ 11.25 (b) The commissioner must consult with the Ethnic Studies Working Group to develop​ 11.26 criteria for the grants.​ 11.27 (c) Up to five percent of the appropriation is available for grant administration.​ 11.28 (d) Any balance in the first year does not cancel but is available in the second year.​ 11.29 Sec. 5. Laws 2023, chapter 55, article 2, section 64, subdivision 16, is amended to read:​ 11.30 Subd. 16. Full-service community schools. (a) For grants to plan or expand the​ 11.31 full-service community schools program under Minnesota Statutes, section 124D.231:​ 11​ Article 2 Sec. 5.​ REVISOR CR/MI 24-07581​ 03/21/24 ​ 2024​ .....​ 7,500,000​ 12.1 $​ 2025​ .....​ 7,500,000​ 12.2 $​ 12.3 (b) Of this amount, priority must be given to programs in the following order:​ 12.4 (1) current grant recipients issued under Minnesota Statutes, section 124D.231;​ 12.5 (2) schools identified as low-performing under the federal Every Student Succeeds Act;​ 12.6 and​ 12.7 (3) any other applicants.​ 12.8 (c) Up to two percent of the appropriation is available for grant administration.​ 12.9 (d) The base for fiscal year 2026 and later is $5,000,000.​ 12.10 (e) Any balance in the first year does not cancel but is available in the second year.​ 12.11 Sec. 6. Laws 2023, chapter 55, article 2, section 64, subdivision 26, is amended to read:​ 12.12 Subd. 26. Minnesota Council on Economic Education. (a) For a grant to the Minnesota​ 12.13 Council on Economic Education:​ 2024​ .....​ 200,000​ 12.14 $​ 2025​ .....​ 200,000​ 12.15 $​ 12.16 (b) The grant must be used to:​ 12.17 (1) provide professional development to kindergarten through grade 12 teachers​ 12.18 implementing state graduation standards in learning areas related to economic education;​ 12.19 and​ 12.20 (2) support the direct-to-student ancillary economic and personal finance programs that​ 12.21 teachers supervise and coach.​ 12.22 (c) By February 15 of each year following the receipt of a grant, the Minnesota Council​ 12.23 on Economic Education must report to the commissioner of education the number and type​ 12.24 of in-person and online teacher professional development opportunities provided by the​ 12.25 Minnesota Council on Economic Education or its affiliated state centers. The report must​ 12.26 include a description of the content, length, and location of the programs; the number of​ 12.27 preservice and licensed teachers receiving professional development through each of these​ 12.28 opportunities; and summaries of evaluations of teacher professional opportunities.​ 12.29 (d) The Department of Education must pay the full amount of the grant to the Minnesota​ 12.30 Council on Economic Education by August 15 of each fiscal year for which the grant is​ 12.31 appropriated. The Minnesota Council on Economic Education must submit its fiscal reporting​ 12​ Article 2 Sec. 6.​ REVISOR CR/MI 24-07581​ 03/21/24 ​ 13.1 in the form and manner specified by the commissioner. The commissioner may request​ 13.2 additional information as necessary.​ 13.3 (e) Any balance in the first year does not cancel but is available in the second year.​ 13.4 (f) The base for fiscal year 2026 and later is $0.​ 13.5 Sec. 7. Laws 2023, chapter 55, article 2, section 64, subdivision 31, is amended to read:​ 13.6 Subd. 31. Nonexclusionary discipline. (a) For grants to school districts and charter​ 13.7 schools to provide training for school staff on nonexclusionary disciplinary practices:​ 2024​ .....​ 1,750,000​ 13.8 $​ 2025​ .....​ 1,750,000​ 13.9 $​ 13.10 (b) Grants are to develop training and to work with schools to train staff on​ 13.11 nonexclusionary disciplinary practices that maintain the respect, trust, and attention of​ 13.12 students and help keep students in classrooms. These funds may also be used for grant​ 13.13 administration.​ 13.14 (c) Eligible grantees include school districts, charter schools, intermediate school districts,​ 13.15 and cooperative units as defined in section 123A.24, subdivision 2.​ 13.16 (d) Up to five percent of the appropriation is available for grant administration.​ 13.17 (e) Any balance in the first year does not cancel but is available in the second year.​ 13.18 ARTICLE 3​ 13.19 AMERICAN INDIAN EDUCATION​ 13.20 Section 1. Minnesota Statutes 2023 Supplement, section 124D.81, subdivision 2b, is​ 13.21 amended to read:​ 13.22 Subd. 2b. Carry forward of funds. Notwithstanding section 16A.28, if a school district​ 13.23 or Tribal contract school does not expend the full amount of the American Indian education​ 13.24 aid in accordance with the plan in the designated fiscal year, the school district or Tribal​ 13.25 contract school may carry forward and expend up to half of the remaining funds in the first​ 13.26 six months of the following fiscal year, and is not subject to an aid reduction if:​ 13.27 (1) the district is otherwise following the plan submitted and approved under subdivision​ 13.28 2;​ 13​ Article 3 Section 1.​ REVISOR CR/MI 24-07581​ 03/21/24 ​ 14.1 (2) the American Indian Parent Advisory Committee for the school is aware of and has​ 14.2 approved the carry forward and has concurred with the district's educational offerings​ 14.3 extended to American Indian students under section 124D.78;​ 14.4 (3) the funds carried over are used in accordance with section 124D.74, subdivision 1;​ 14.5 and​ 14.6 (4) by April 1, the district reports to the Department of Education American Indian​ 14.7 education director the reason the aid was not expended in the designated fiscal year, and​ 14.8 describes how the district intends to expend the funds in the following fiscal year. The​ 14.9 district must report this information in the form and manner determined by the commissioner.​ 14.10 ARTICLE 4​ 14.11 TEACHERS​ 14.12 Section 1. Minnesota Statutes 2023 Supplement, section 122A.415, subdivision 4, is​ 14.13 amended to read:​ 14.14 Subd. 4. Basic alternative teacher compensation aid. (a) The basic alternative teacher​ 14.15 compensation aid for a school with a plan approved under section 122A.414, subdivision​ 14.16 2b, equals 65 percent of the alternative teacher compensation revenue under subdivision 1.​ 14.17 The basic alternative teacher compensation aid for a charter school with a plan approved​ 14.18 under section 122A.414, subdivisions 2a and 2b, equals $260 times the number of pupils​ 14.19 enrolled in the school on October 1 of the previous year, or on October 1 of the current year​ 14.20 for a charter school in the first year of operation, times the ratio of the sum of the alternative​ 14.21 teacher compensation aid and alternative teacher compensation levy for all participating​ 14.22 school districts to the maximum alternative teacher compensation revenue for those districts​ 14.23 under subdivision 1.​ 14.24 (b) Notwithstanding paragraph (a) and subdivision 1, the state total basic alternative​ 14.25 teacher compensation aid entitlement must not exceed $88,118,000 for fiscal year 2023;​ 14.26 $88,461,000 for fiscal year 2024; $88,461,000 $88,961,000 for fiscal year 2025; and​ 14.27 $89,486,000 for fiscal year 2026 and later. The commissioner must limit the amount of​ 14.28 alternative teacher compensation aid approved under this section so as not to exceed these​ 14.29 limits by not approving new participants or by prorating the aid among participating districts,​ 14.30 intermediate school districts, school sites, and charter schools. The commissioner may also​ 14.31 reallocate a portion of the allowable aid for the biennium from the second year to the first​ 14.32 year to meet the needs of approved participants.​ 14​ Article 4 Section 1.​ REVISOR CR/MI 24-07581​ 03/21/24 ​ 15.1 (c) Basic alternative teacher compensation aid for an intermediate district or other​ 15.2 cooperative unit equals $3,000 times the number of licensed teachers employed by the​ 15.3 intermediate district or cooperative unit on October 1 of the previous school year.​ 15.4 Sec. 2. Minnesota Statutes 2022, section 122A.415, is amended by adding a subdivision​ 15.5 to read:​ 15.6 Subd. 7. Revenue reserved. Revenue received under this section must be reserved and​ 15.7 used only for the programs authorized under section 122A.414.​ 15.8 Sec. 3. Minnesota Statutes 2023 Supplement, section 122A.73, subdivision 2, is amended​ 15.9 to read:​ 15.10 Subd. 2. Grow Your Own district programs. (a) A school district, charter school,​ 15.11 Tribal contract school, or cooperative unit under section 123A.24, subdivision 2, may apply​ 15.12 for a grant for a teacher preparation program that meets the requirements of paragraph (c)​ 15.13 to establish a Grow Your Own pathway for adults to obtain their first professional teaching​ 15.14 license. The grant recipient must use at least 80 percent of grant funds to provide tuition​ 15.15 scholarships or stipends to enable school district employees or community members affiliated​ 15.16 with a school district, who are of color or American Indian and who seek a teaching license,​ 15.17 to participate in the teacher preparation program. Grant funds may also be used to pay for​ 15.18 teacher licensure exams and licensure fees.​ 15.19 (b) A district using grant funds under this subdivision to provide financial support to​ 15.20 teacher candidates may require a commitment as determined by the district to teach in the​ 15.21 district for a reasonable amount of time that does not exceed five years.​ 15.22 (c) A grantee must partner with:​ 15.23 (1) a Professional Educator Licensing and Standards Board-approved teacher preparation​ 15.24 program;​ 15.25 (2) a Council for the Accreditation of Educator Preparation-accredited teacher preparation​ 15.26 program from a private, not for profit, institution of higher education; or​ 15.27 (3) an institution that has an articulated transfer pathway with a board-approved teacher​ 15.28 preparation program.​ 15​ Article 4 Sec. 3.​ REVISOR CR/MI 24-07581​ 03/21/24 ​ 16.1 Sec. 4. Minnesota Statutes 2023 Supplement, section 122A.73, subdivision 3, is amended​ 16.2 to read:​ 16.3 Subd. 3. Grants for programs serving secondary school students. (a) A school district​ 16.4 or charter school may apply for grants under this section to offer other innovative programs​ 16.5 that encourage secondary school students, especially students of color and American Indian​ 16.6 students, to pursue teaching. To be eligible for a grant under this subdivision, an applicant​ 16.7 must ensure that the aggregate percentage of secondary school students of color and American​ 16.8 Indian students participating in the program is equal to or greater than the aggregate​ 16.9 percentage of students of color and American Indian students in the school district, charter​ 16.10 school, Tribal contract school, or cooperative unit.​ 16.11 (b) A grant recipient must use grant funds awarded under this subdivision for:​ 16.12 (1) supporting future teacher clubs or service-learning opportunities that provide middle​ 16.13 and high school students with experiential learning that supports the success of younger​ 16.14 students or peers and increases students' interest in pursuing a teaching career;​ 16.15 (2) developing and offering postsecondary enrollment options for "Introduction to​ 16.16 Teaching" or "Introduction to Education" courses consistent with section 124D.09,​ 16.17 subdivision 10, that meet degree requirements for teacher licensure;​ 16.18 (3) providing direct support, including wrap-around services, for students who are of​ 16.19 color or American Indian to enroll and be successful in postsecondary enrollment options​ 16.20 courses under section 124D.09 that would meet degree requirements for teacher licensure;​ 16.21 or​ 16.22 (4) offering scholarships to graduating high school students who are of color or American​ 16.23 Indian to enroll in board-approved undergraduate teacher preparation programs at a college​ 16.24 or university in Minnesota or in an institution that has an articulated transfer pathway with​ 16.25 a board-approved teacher preparation program.​ 16.26 (c) The maximum grant award under this subdivision is $500,000. The commissioner​ 16.27 may consider the number of participants a grant recipient intends to support when determining​ 16.28 a grant amount.​ 16.29 Sec. 5. Minnesota Statutes 2022, section 122A.73, subdivision 4, is amended to read:​ 16.30 Subd. 4. Grant procedure. (a) A district must apply for a grant under this section in​ 16.31 the form and manner specified by the commissioner. The commissioner must give priority​ 16.32 to districts with the highest total number or percentage of students who are of color or​ 16.33 American Indian. To the extent that there are sufficient applications, the commissioner must,​ 16​ Article 4 Sec. 5.​ REVISOR CR/MI 24-07581​ 03/21/24 ​ 17.1 to the extent practicable, award an equal number of grants between districts in greater​ 17.2 Minnesota and those in the Twin Cities metropolitan area.​ 17.3 (b) For the 2022-2023 school year and later, grant applications for new and existing​ 17.4 programs must be received by the commissioner no later than January 15 of the year prior​ 17.5 to the school year in which the grant will be used. The commissioner must review all​ 17.6 applications and notify grant recipients by March 15 or as soon as practicable of the​ 17.7 anticipated amount awarded. If the commissioner determines that sufficient funding is​ 17.8 unavailable for the grants, the commissioner must notify grant applicants by June 30 or as​ 17.9 soon as practicable that there are insufficient funds.​ 17.10 (c) For the 2021-2022 school year, the commissioner must set a timetable for awarding​ 17.11 grants as soon as practicable.​ 17.12 (d) The commissioner may allow existing grantees to revise their grant agreements to​ 17.13 operate under the specifications provided in this section even if the revised specifications​ 17.14 differ from the specifications in place at the time of the original grant agreement.​ 17.15 Sec. 6. Minnesota Statutes 2023 Supplement, section 122A.77, subdivision 1, is amended​ 17.16 to read:​ 17.17 Subdivision 1. Grant program established. The commissioner of education must​ 17.18 administer a grant program to develop a pipeline of trained, licensed Tier 3 or Tier 4 special​ 17.19 education teachers. A school district, charter school, Tribal contract school, or cooperative​ 17.20 unit under section 123A.24, subdivision 2, may apply for a grant under this section. An​ 17.21 applicant must partner with:​ 17.22 (1) a Professional Educator Licensing and Standards Board-approved teacher preparation​ 17.23 program;​ 17.24 (2) a Council for the Accreditation of Educator Preparation-accredited teacher preparation​ 17.25 program from a private, not-for-profit, institution of higher education; or​ 17.26 (3) an institution that has an articulated transfer pathway with a board-approved teacher​ 17.27 preparation program.​ 17.28 Sec. 7. Minnesota Statutes 2023 Supplement, section 122A.77, subdivision 2, is amended​ 17.29 to read:​ 17.30 Subd. 2. Grant uses. (a) A grant recipient must use grant funds to support participants​ 17.31 who are employed by the grant recipient as either a paraprofessional or other unlicensed​ 17.32 staff, or a teacher with a Tier 1 or Tier 2 license or are community members affiliated with​ 17​ Article 4 Sec. 7.​ REVISOR CR/MI 24-07581​ 03/21/24 ​ 18.1 the grant recipient, and who demonstrate a willingness to be a special education teacher​ 18.2 after completing the program.​ 18.3 (b) A grant recipient may use grant funds for:​ 18.4 (1) tuition assistance or stipends for participants;​ 18.5 (2) supports for participants, including mentoring, licensure test preparation, and​ 18.6 technology support; or​ 18.7 (3) participant recruitment.​ 18.8 Sec. 8. Minnesota Statutes 2023 Supplement, section 122A.77, subdivision 3, is amended​ 18.9 to read:​ 18.10 Subd. 3. Grant procedure. (a) Applicants must apply for a grant under this section in​ 18.11 the form and manner specified by the commissioner.​ 18.12 (b) In awarding grants, the commissioner must prioritize funding for training to allow​ 18.13 participants holding a Tier 1 or Tier 2 special education license to obtain a Tier 3 special​ 18.14 education license.​ 18.15 (c) To the extent that there are sufficient applications, the commissioner must, to the​ 18.16 extent practicable, award an equal number of grants between applicants in greater Minnesota​ 18.17 and applicants in the metropolitan area.​ 18.18 (d) The commissioner may allow existing grantees to revise their grant agreements to​ 18.19 operate under the specifications provided in this section even if the revised specifications​ 18.20 differ from the specifications in place at the time of the original grant agreement.​ 18.21 Sec. 9. Minnesota Statutes 2023 Supplement, section 124D.901, subdivision 3, is amended​ 18.22 to read:​ 18.23 Subd. 3. Student support personnel aid. (a) The initial student support personnel aid​ 18.24 for a school district equals the greater of the student support personnel allowance times the​ 18.25 adjusted pupil units at the district for the current fiscal year or $40,000. The initial student​ 18.26 support personnel aid for a charter school equals the greater of the student support personnel​ 18.27 allowance times the adjusted pupil units at the charter school for the current fiscal year or​ 18.28 $20,000. Aid under this paragraph must be reserved in a fund balance which may not exceed​ 18.29 the prior year's aid allocation.​ 18.30 (b) The cooperative student support personnel aid for a school district that is a member​ 18.31 of an intermediate school district or other cooperative unit that serves students equals the​ 18​ Article 4 Sec. 9.​ REVISOR CR/MI 24-07581​ 03/21/24 ​ 19.1 greater of the cooperative student support allowance times the adjusted pupil units at the​ 19.2 district for the current fiscal year or $40,000. If a district is a member of more than one​ 19.3 cooperative unit that serves students, the revenue must be allocated among the cooperative​ 19.4 units. Aid under this paragraph must not exceed actual expenditures.​ 19.5 (c) The student support personnel allowance equals $11.94 for fiscal year 2024, $17.08​ 19.6 for fiscal year 2025, and $48.73 for fiscal year 2026 and later.​ 19.7 (d) The cooperative student support allowance equals $0.60 for fiscal year 2024, $0.85​ 19.8 for fiscal year 2025, and $2.44 for fiscal year 2026 and later.​ 19.9 (e) Notwithstanding paragraphs (a) and (b), the student support personnel aid must not​ 19.10 exceed the district's, charter school's, or cooperative unit's actual expenditures.​ 19.11 Sec. 10. Laws 2023, chapter 55, article 5, section 64, subdivision 3, is amended to read:​ 19.12 Subd. 3. Alternative teacher compensation aid. (a) For alternative teacher compensation​ 19.13 aid under Minnesota Statutes, section 122A.415, subdivision 4:​ 2024​ .....​ 19.14 88,443,000​ 88,706,000​ 19.15 $​ 2025​ .....​ 19.16 88,430,000​ 89,012,000​ 19.17 $​ 19.18 (b) The 2024 appropriation includes $8,824,000 for fiscal year 2023 and $79,619,000​ 19.19 $79,882,000 for fiscal year 2024.​ 19.20 (c) The 2025 appropriation includes $8,846,000 $8,875,000 for fiscal year 2024 and​ 19.21 $79,584,000 $80,137,000 for fiscal year 2025.​ 19.22 Sec. 11. Laws 2023, chapter 55, article 5, section 64, subdivision 5, is amended to read:​ 19.23 Subd. 5. Closing educational opportunity gaps grants. (a) To support schools in their​ 19.24 efforts to close opportunity gaps under Minnesota Statutes, section 120B.113:​ 2024​ .....​ 3,000,000​ 19.25 $​ 2025​ .....​ 3,000,000​ 19.26 $​ 19.27 (b) The department may retain up to five percent of this appropriation to administer the​ 19.28 grant program.​ 19.29 (c) The base for fiscal year 2026 and later is $0.​ 19.30 (d) Any balance in the first year does not cancel but is available in the second year.​ 19​ Article 4 Sec. 11.​ REVISOR CR/MI 24-07581​ 03/21/24 ​ 20.1 Sec. 12. Laws 2023, chapter 55, article 5, section 64, subdivision 13, is amended to read:​ 20.2 Subd. 13. Statewide teacher mentoring program. (a) For a statewide teacher induction​ 20.3 and mentoring program:​ 2024​ .....​ 9,940,000​ 20.4 $​ 2025​ .....​ 0​ 20.5 $​ 20.6 (b) Funds may be used for:​ 20.7 (1) competitive grants to Minnesota regional partners, including institutions of higher​ 20.8 education, regional service cooperatives, other district or charter collaboratives, and​ 20.9 professional organizations, to provide mentoring supports for new teachers, on-the-ground​ 20.10 training, technical assistance, and networks or communities of practice for local new teachers,​ 20.11 districts, and charter schools to implement Minnesota's induction model;​ 20.12 (2) competitive grants to school districts to fund Teacher of Record mentorships to Tier​ 20.13 1 and Tier 2 special education teachers, including training and supervision; and​ 20.14 (3) contracts with national content experts and research collaboratives to assist in​ 20.15 developing Minnesota's induction model, to provide ongoing training to mentors and​ 20.16 principals, and to evaluate the program over time.​ 20.17 (c) Up to five percent of the appropriation is available for grant administration.​ 20.18 (d) This is a onetime appropriation and is available until June 30, 2027.​ 20.19 Sec. 13. Laws 2023, chapter 55, article 5, section 64, subdivision 15, is amended to read:​ 20.20 Subd. 15. Student support personnel workforce pipeline. (a) For a grant program to​ 20.21 develop a student support personnel workforce pipeline focused on increasing school​ 20.22 psychologists, school nurses, school counselors, and school social workers of color and​ 20.23 Indigenous providers, professional respecialization, recruitment, and retention:​ 2024​ .....​ 5,000,000​ 20.24 $​ 2025​ .....​ 5,000,000​ 20.25 $​ 20.26 (b) Of the amount in paragraph (a), $150,000 is for providing support to school nurses​ 20.27 across the state.​ 20.28 (c) To the extent practicable, the pipeline grants must be used to support equal numbers​ 20.29 of students pursuing careers as school psychologists, school nurses, school counselors, and​ 20.30 school social workers.​ 20​ Article 4 Sec. 13.​ REVISOR CR/MI 24-07581​ 03/21/24 ​ 21.1 (d) For grants awarded under this subdivision to school psychologists, the following​ 21.2 terms have the meanings given:​ 21.3 (1) "eligible designated trainee" means an individual enrolled in a NASP-approved or​ 21.4 APA-accredited school psychology program granting educational specialist certificates or​ 21.5 doctoral degrees in school psychology;​ 21.6 (2) "practica" means an educational experience administered and evaluated by the​ 21.7 graduate training program, with university and site supervision by appropriately credentialed​ 21.8 school psychologists, to develop trainees' competencies to provide school psychological​ 21.9 services based on the graduate program's goals and competencies relative to accreditation​ 21.10 and licensure requirements; and​ 21.11 (3) "eligible employment" means a paid position within a school or local education​ 21.12 agency directly related to the training program providing direct or indirect school psychology​ 21.13 services. Direct services include assessment, intervention, prevention, or consultation services​ 21.14 to students or their family members and educational staff. Indirect services include​ 21.15 supervision, research and evaluation, administration, program development, technical​ 21.16 assistance, or professional learning to support direct services.​ 21.17 (e) Grants awarded to school psychologists must be used for:​ 21.18 (1) the provision of paid, supervised, and educationally meaningful practica in a public​ 21.19 school setting for an eligible designated trainee enrolled in a qualifying program within the​ 21.20 grantee's institution;​ 21.21 (2) to support student recruitment and retention to enroll and hire an eligible designated​ 21.22 trainee for paid practica in public school settings; and​ 21.23 (3) oversight of trainee practica and professional development by the qualifying institution​ 21.24 to ensure the qualifications and conduct by an eligible designated trainee meet requirements​ 21.25 set forth by the state and accrediting agencies.​ 21.26 (f) Upon successful completion of the graduate training program, grants awarded to​ 21.27 school psychologists must maintain eligible employment within Minnesota for a minimum​ 21.28 period of one-year full-time equivalent for each academic year of paid traineeship under​ 21.29 the grant program.​ 21.30 (g) Up to $150,000 of the appropriation is available for grant administration.​ 21.31 (h) Any balance in the first year does not cancel but is available in the second year.​ 21​ Article 4 Sec. 13.​ REVISOR CR/MI 24-07581​ 03/21/24 ​ 22.1 Sec. 14. Laws 2023, chapter 55, article 5, section 64, subdivision 16, is amended to read:​ 22.2 Subd. 16. Teacher residency program. (a) For the teacher residency program that meets​ 22.3 the requirements of Minnesota Rules, part 8705.2100, subpart 2, item D, subitem (5), unit​ 22.4 (g):​ 2024​ .....​ 3,000,000​ 22.5 $​ 2025​ .....​ 3,000,000​ 22.6 $​ 22.7 (b) Up to three percent of the appropriation is available for grant administration.​ 22.8 (c) Any balance in the first year does not cancel but is available in the following fiscal​ 22.9 second year.​ 22.10 Sec. 15. Laws 2023, chapter 55, article 5, section 65, subdivision 3, is amended to read:​ 22.11 Subd. 3. Collaborative urban and greater Minnesota educators of color grants. (a)​ 22.12 For collaborative urban and greater Minnesota educators of color competitive grants under​ 22.13 Minnesota Statutes, section 122A.635:​ 2024​ .....​ 5,440,000​ 22.14 $​ 2025​ .....​ 5,440,000​ 22.15 $​ 22.16 (b) The board may retain up to $100,000 of the appropriation amount to monitor and​ 22.17 administer the grant program.​ 22.18 (c) Any balance in the first year does not cancel but is available in the following fiscal​ 22.19 second year.​ 22.20 Sec. 16. Laws 2023, chapter 55, article 5, section 65, subdivision 6, is amended to read:​ 22.21 Subd. 6. Mentoring, induction, and retention incentive program grants for teachers​ 22.22 of color. (a) To develop and expand mentoring, induction, and retention programs designed​ 22.23 for teachers of color or American Indian teachers under Minnesota Statutes, section 122A.70:​ 2024​ .....​ 3,500,000​ 22.24 $​ 2025​ .....​ 3,500,000​ 22.25 $​ 22.26 (b) Any balance in the first year does not cancel but is available in the following fiscal​ 22.27 second year.​ 22.28 (c) The base for grants under Minnesota Statutes, section 122A.70, for fiscal year 2026​ 22.29 and later is $4,500,000, of which at least $3,500,000 each fiscal year is for grants to develop​ 22.30 and expand mentoring, induction, and retention programs designed for teachers of color or​ 22.31 American Indian teachers.​ 22​ Article 4 Sec. 16.​ REVISOR CR/MI 24-07581​ 03/21/24 ​ 23.1 (d) The board may retain up to three percent of the appropriation amount to monitor and​ 23.2 administer the grant program.​ 23.3 ARTICLE 5​ 23.4 CHARTER SCHOOLS​ 23.5 Section 1. Minnesota Statutes 2023 Supplement, section 124E.13, subdivision 1, is amended​ 23.6 to read:​ 23.7 Subdivision 1. Leased space. A charter school may lease space from: an independent​ 23.8 or special school board; other public organization; private, nonprofit, nonsectarian​ 23.9 organization; private property owner; or a sectarian organization if the leased space is​ 23.10 constructed as a school facility. In all cases, the eligible lessor must also be the building​ 23.11 owner. The commissioner must review and approve or disapprove leases lease aid​ 23.12 applications in a timely manner to determine eligibility for lease aid under section 124E.22.​ 23.13 Sec. 2. Minnesota Statutes 2022, section 124E.22, is amended to read:​ 23.14 124E.22 BUILDING LEASE AID.​ 23.15 (a) When a charter school finds it economically advantageous to rent or lease a building​ 23.16 or land for any instructional purpose and it determines that the total operating capital revenue​ 23.17 under section 126C.10, subdivision 13, is insufficient for this purpose, it may apply to the​ 23.18 commissioner for building lease aid in the form and manner prescribed by the commissioner.​ 23.19 The commissioner must review and either approve or deny a lease aid application using at​ 23.20 least the following criteria:​ 23.21 (1) the reasonableness of the price based on current market values;​ 23.22 (2) the extent to which the lease conforms to applicable state laws and rules; and​ 23.23 (3) the appropriateness of the proposed lease in the context of the space needs and​ 23.24 financial circumstances of the charter school. The commissioner must approve aid only for​ 23.25 a facility lease that has (i) a sum certain annual cost and (ii) a closure clause to relieve the​ 23.26 charter school of its lease obligations at the time the charter contract is terminated or not​ 23.27 renewed. The closure clause under item (ii) must not be constructed or construed to relieve​ 23.28 the charter school of its lease obligations in effect before the charter contract is terminated​ 23.29 or not renewed.​ 23.30 (b) A charter school must not use the building lease aid it receives for custodial,​ 23.31 maintenance service, utility, or other operating costs.​ 23​ Article 5 Sec. 2.​ REVISOR CR/MI 24-07581​ 03/21/24 ​ 24.1 (c) The amount of annual building lease aid for a charter school shall not exceed the​ 24.2 lesser of (1) 90 percent of the approved cost or (2) the product of the charter school building​ 24.3 lease aid pupil units served for the current school year times $1,314.​ 24.4 (d) A charter school's building lease aid pupil units equals the sum of the charter school​ 24.5 pupil units under section 126C.05 and the pupil units for the portion of the day that the​ 24.6 charter school's enrolled students are participating in the Postsecondary Enrollment Options​ 24.7 Act under section 124D.09 and not otherwise included in the pupil count under section​ 24.8 126C.05.​ 24.9 ARTICLE 6​ 24.10 SPECIAL EDUCATION​ 24.11 Section 1. Laws 2023, chapter 55, article 7, section 18, subdivision 4, is amended to read:​ 24.12 Subd. 4. Special education; regular. (a) For special education aid under Minnesota​ 24.13 Statutes, section 125A.75:​ 2024​ .....​ 24.14 2,271,000,000​ 2,288,826,000​ 24.15 $​ 2025​ .....​ 24.16 2,434,933,000​ 2,486,181,000​ 24.17 $​ 24.18 (b) The 2024 appropriation includes $229,860,000 for 2023 and $2,041,140,000​ 24.19 $2,058,966,000 for 2024.​ 24.20 (c) The 2025 appropriation includes $287,333,000 $289,842,000 for 2024 and​ 24.21 $2,147,600,000 $2,196,339,000 for 2025.​ 24.22 ARTICLE 7​ 24.23 SCHOOL FACILITIES​ 24.24 Section 1. Laws 2023, chapter 55, article 8, section 19, subdivision 5, is amended to read:​ 24.25 Subd. 5. Grants for gender-neutral single-user restrooms. (a) For grants to school​ 24.26 districts for remodeling, constructing, or repurposing space for gender-neutral single-user​ 24.27 restrooms:​ 2024​ .....​ 1,000,000​ 24.28 $​ 2025​ .....​ 1,000,000​ 24.29 $​ 24.30 (b) A school district or a cooperative unit under Minnesota Statutes, section 123A.24,​ 24.31 subdivision 2, may apply for a grant of not more than $75,000 per site under this subdivision​ 24.32 in the form and manner specified by the commissioner. The commissioner must award at​ 24​ Article 7 Section 1.​ REVISOR CR/MI 24-07581​ 03/21/24 ​ 25.1 least one grant under this subdivision to Independent School District No. 709, Duluth, for​ 25.2 a demonstration grant for a project awaiting construction.​ 25.3 (c) The commissioner must ensure that grants are awarded to schools to reflect the​ 25.4 geographic diversity of the state.​ 25.5 (d) Up to $75,000 each year is available for grant administration and monitoring.​ 25.6 (e) By February 1 of each year, the commissioner must annually report to the committees​ 25.7 of the legislature with jurisdiction over education on the number of grants that were awarded​ 25.8 each year and the number of grant applications that were unfunded during that year.​ 25.9 (f) Any balance in the first year does not cancel but is available in the second year.​ 25.10 Sec. 2. Laws 2023, chapter 55, article 8, section 19, subdivision 6, is amended to read:​ 25.11 Subd. 6. Long-term facilities maintenance equalized aid. (a) For long-term facilities​ 25.12 maintenance equalized aid under Minnesota Statutes, section 123B.595, subdivision 9:​ 2024​ .....​ 25.13 108,045,000​ 107,905,000​ 25.14 $​ 2025​ .....​ 25.15 107,894,000​ 107,865,000​ 25.16 $​ 25.17 (b) The 2024 appropriation includes $10,821,000 for 2023 and $97,224,000 $97,084,000​ 25.18 for 2024.​ 25.19 (c) The 2025 appropriation includes $10,803,000 $10,787,000 for 2024 and $97,091,000​ 25.20 $97,078,000 for 2025.​ 25.21 ARTICLE 8​ 25.22 SCHOOL NUTRITION AND LIBRARIES​ 25.23 Section 1. Laws 2023, chapter 18, section 4, subdivision 2, as amended by Laws 2023,​ 25.24 chapter 55, article 9, section 16, is amended to read:​ 25.25 Subd. 2. School lunch. For school lunch aid under Minnesota Statutes, section 124D.111,​ 25.26 including the amounts for the free school meals program:​ 2024​ .....​ 25.27 190,897,000​ 218,801,000​ 25.28 $​ 2025​ .....​ 25.29 197,936,000​ 239,686,000​ 25.30 $​ 25​ Article 8 Section 1.​ REVISOR CR/MI 24-07581​ 03/21/24 ​ 26.1 Sec. 2. Laws 2023, chapter 18, section 4, subdivision 3, as amended by Laws 2023, chapter​ 26.2 55, article 9, section 17, is amended to read:​ 26.3 Subd. 3. School breakfast. For school breakfast aid under Minnesota Statutes, section​ 26.4 124D.1158:​ 2024​ .....​ 26.5 25,912,000​ 44,178,000​ 26.6 $​ 2025​ .....​ 26.7 26,719,000​ 48,747,000​ 26.8 $​ 26.9 ARTICLE 9​ 26.10 EARLY CHILDHOOD EDUCATION​ 26.11 Section 1. Minnesota Statutes 2023 Supplement, section 124D.151, subdivision 6, is​ 26.12 amended to read:​ 26.13 Subd. 6. Participation limits. (a) Notwithstanding section 126C.05, subdivision 1,​ 26.14 paragraph (c), the pupil units for a voluntary prekindergarten program for an eligible school​ 26.15 district or charter school must not exceed 60 percent of the kindergarten pupil units for that​ 26.16 school district or charter school under section 126C.05, subdivision 1, paragraph (d).​ 26.17 (b) In reviewing applications under subdivision 5, the commissioner must limit the total​ 26.18 number of participants in the voluntary prekindergarten and school readiness plus programs​ 26.19 under Laws 2017, First Special Session chapter 5, article 8, section 9, to not more than 7,160​ 26.20 participants for fiscal years 2023, year 2024, and 2025, and 12,360 participants for fiscal​ 26.21 year 2026 2025 and later.​ 26.22 Sec. 2. Laws 2023, chapter 54, section 20, subdivision 6, is amended to read:​ 26.23 Subd. 6. Head Start program. (a) For Head Start programs under Minnesota Statutes,​ 26.24 section 119A.52:​ 2024​ .....​ 35,100,000​ 26.25 $​ 2025​ .....​ 35,100,000​ 26.26 $​ 26.27 (b) Up to two percent of the appropriation is available for administration.​ 26.28 (b) (c) Any balance in the first year does not cancel but is available in the second year.​ 26.29 Sec. 3. Laws 2023, chapter 54, section 20, subdivision 24, is amended to read:​ 26.30 Subd. 24. Early childhood curriculum grants. (a) For competitive grants to Minnesota​ 26.31 postsecondary institutions to improve the curricula of the recipient institution's early​ 26​ Article 9 Sec. 3.​ REVISOR CR/MI 24-07581​ 03/21/24 ​ 27.1 childhood education programs by incorporating or conforming to the Minnesota knowledge​ 27.2 and competency frameworks for early childhood professionals:​ 2024​ .....​ 250,000​ 27.3 $​ 2025​ .....​ 250,000​ 27.4 $​ 27.5 (b) By December 1, 2024, and again by December 1, 2025, the commissioner must​ 27.6 submit a report to the chairs and ranking minority members of the legislative committees​ 27.7 with jurisdiction over early childhood through grade 12 education and higher education​ 27.8 finance and policy reporting on grants awarded under this subdivision. The report must​ 27.9 include the following information for the previous fiscal year:​ 27.10 (1) the number of grant applications received;​ 27.11 (2) the criteria applied by the commissioner for evaluating applications;​ 27.12 (3) the number of grants awarded, grant recipients, and amounts awarded;​ 27.13 (4) early childhood education curricular reforms proposed by each recipient institution;​ 27.14 (5) grant outcomes for each recipient institution; and​ 27.15 (6) other information identified by the commissioner as outcome indicators.​ 27.16 (c) The commissioner may use no more than three percent of the appropriation under​ 27.17 this subdivision to administer the grant program.​ 27.18 (d) This is a onetime appropriation.​ 27.19 (e) Any balance in the first year does not cancel but is available in the second year.​ 27.20 Sec. 4. REPEALER.​ 27.21 Laws 2023, chapter 55, article 10, section 4, is repealed.​ 27.22 ARTICLE 10​ 27.23 STATE AGENCIES​ 27.24 Section 1. APPROPRIATION; PROFESSIONAL EDUCATOR LICENSING AND​ 27.25 STANDARDS BOARD.​ 27.26 Subdivision 1. Professional Educator Licensing and Standards Board. The sum​ 27.27 indicated in this section is appropriated from the general fund to the Professional Educator​ 27.28 Licensing and Standards Board in the fiscal year designated.​ 27​ Article 10 Section 1.​ REVISOR CR/MI 24-07581​ 03/21/24 ​ 28.1 Subd. 2. Information technology costs. (a) For information technology costs of the​ 28.2 Professional Educator Licensing and Standards Board:​ 2025​ .....​ 2,767,000​ 28.3 $​ 28.4 (b) This is a onetime appropriation and is available until June 30, 2027.​ 28.5 ARTICLE 11​ 28.6 FORECAST ADJUSTMENTS​ 28.7 A. GENERAL EDUCATION​ 28.8 Section 1. Laws 2023, chapter 55, article 1, section 36, subdivision 3, is amended to read:​ 28.9 Subd. 3. Enrollment options transportation. For transportation of pupils attending​ 28.10 postsecondary institutions under Minnesota Statutes, section 124D.09, or for transportation​ 28.11 of pupils attending nonresident districts under Minnesota Statutes, section 124D.03:​ 2024​ .....​ 28.12 18,000​ 23,000​ 28.13 $​ 2025​ .....​ 28.14 19,000​ 25,000​ 28.15 $​ 28.16 Sec. 2. Laws 2023, chapter 55, article 1, section 36, subdivision 4, is amended to read:​ 28.17 Subd. 4. Abatement aid. (a) For abatement aid under Minnesota Statutes, section​ 28.18 127A.49:​ 2024​ .....​ 28.19 2,339,000​ 2,318,000​ 28.20 $​ 2025​ .....​ 28.21 2,665,000​ 2,516,000​ 28.22 $​ 28.23 (b) The 2024 appropriation includes $126,000 for 2023 and $2,213,000 $2,192,000 for​ 28.24 2024.​ 28.25 (c) The 2025 appropriation includes $245,000 $243,000 for 2024 and $2,420,000​ 28.26 $2,273,000 for 2025.​ 28.27 Sec. 3. Laws 2023, chapter 55, article 1, section 36, subdivision 5, is amended to read:​ 28.28 Subd. 5. Consolidation transition aid. (a) For districts consolidating under Minnesota​ 28.29 Statutes, section 123A.485:​ 28​ Article 11 Sec. 3.​ REVISOR CR/MI 24-07581​ 03/21/24 ​ 2024​ .....​ 29.1 187,000​ 7,000​ 29.2 $​ 2025​ .....​ 29.3 290,000​ 180,000​ 29.4 $​ 29.5 (b) The 2024 appropriation includes $7,000 for 2023 and $180,000 $0 for 2024.​ 29.6 (c) The 2025 appropriation includes $20,000 $0 for 2024 and $270,000 $180,000 for​ 29.7 2025.​ 29.8 Sec. 4. Laws 2023, chapter 55, article 1, section 36, subdivision 6, is amended to read:​ 29.9 Subd. 6. Nonpublic pupil education aid. (a) For nonpublic pupil education aid under​ 29.10 Minnesota Statutes, sections 123B.40 to 123B.43 and 123B.87:​ 2024​ .....​ 29.11 22,354,000​ 21,176,000​ 29.12 $​ 2025​ .....​ 29.13 23,902,000​ 24,478,000​ 29.14 $​ 29.15 (b) The 2024 appropriation includes $1,925,000 for 2023 and $20,429,000 $19,251,000​ 29.16 for 2024.​ 29.17 (c) The 2025 appropriation includes $2,269,000 $2,138,000 for 2024 and $21,633,000​ 29.18 $22,340,000 for 2025.​ 29.19 Sec. 5. Laws 2023, chapter 55, article 1, section 36, subdivision 7, is amended to read:​ 29.20 Subd. 7. Nonpublic pupil transportation. (a) For nonpublic pupil transportation aid​ 29.21 under Minnesota Statutes, section 123B.92, subdivision 9:​ 2024​ .....​ 29.22 22,248,000​ 22,979,000​ 29.23 $​ 2025​ .....​ 29.24 23,624,000​ 27,177,000​ 29.25 $​ 29.26 (b) The 2024 appropriation includes $2,115,000 for 2023 and $20,133,000 $20,864,000​ 29.27 for 2024.​ 29.28 (c) The 2025 appropriation includes $2,237,000 $2,318,000 for 2024 and $21,387,000​ 29.29 $24,859,000 for 2025.​ 29.30 Sec. 6. Laws 2023, chapter 55, article 1, section 36, subdivision 9, is amended to read:​ 29.31 Subd. 9. Career and technical aid. (a) For career and technical aid under Minnesota​ 29.32 Statutes, section 124D.4531, subdivision 1b:​ 29​ Article 11 Sec. 6.​ REVISOR CR/MI 24-07581​ 03/21/24 ​ 2024​ .....​ 30.1 1,512,000​ 1,664,000​ 30.2 $​ 2025​ .....​ 30.3 761,000​ 874,000​ 30.4 $​ 30.5 (b) The 2024 appropriation includes $183,000 for 2023 and $1,329,000 $1,481,000 for​ 30.6 2024.​ 30.7 (c) The 2025 appropriation includes $147,000 $164,000 for 2024 and $614,000 $710,000​ 30.8 for 2025.​ 30.9 B. EDUCATION EXCELLENCE​ 30.10 Sec. 7. Laws 2023, chapter 55, article 2, section 64, subdivision 21, is amended to read:​ 30.11 Subd. 21. Interdistrict desegregation or integration transportation grants. For​ 30.12 interdistrict desegregation or integration transportation grants under Minnesota Statutes,​ 30.13 section 124D.87:​ 2024​ .....​ 30.14 14,992,000​ 14,828,000​ 30.15 $​ 2025​ .....​ 30.16 16,609,000​ 16,413,000​ 30.17 $​ 30.18 Sec. 8. Laws 2023, chapter 55, article 2, section 64, subdivision 23, is amended to read:​ 30.19 Subd. 23. Literacy incentive aid. (a) For literacy incentive aid under Minnesota Statutes,​ 30.20 section 124D.98:​ 2024​ .....​ 30.21 42,234,000​ 41,071,000​ 30.22 $​ 2025​ .....​ 30.23 42,502,000​ 41,588,000​ 30.24 $​ 30.25 (b) The 2024 appropriation includes $4,606,000 for 2023 and $37,628,000 $36,465,000​ 30.26 for 2024.​ 30.27 (c) The 2025 appropriation includes $4,180,000 $4,051,000 for 2024 and $38,322,000​ 30.28 $37,537,000 for 2025.​ 30.29 C. AMERICAN INDIAN EDUCATION​ 30.30 Sec. 9. Laws 2023, chapter 55, article 4, section 21, subdivision 2, is amended to read:​ 30.31 Subd. 2. American Indian education aid. (a) For American Indian education aid under​ 30.32 Minnesota Statutes, section 124D.81, subdivision 2a:​ 30​ Article 11 Sec. 9.​ REVISOR CR/MI 24-07581​ 03/21/24 ​ 2024​ .....​ 31.1 17,949,000​ 18,131,000​ 31.2 $​ 2025​ .....​ 31.3 19,266,000​ 19,672,000​ 31.4 $​ 31.5 (b) The 2024 appropriation includes $1,159,000 for 2023 and $16,790,000 $16,972,000​ 31.6 for 2024.​ 31.7 (c) The 2025 appropriation includes $1,865,000 $1,885,000 for 2024 and $17,401,000​ 31.8 $17,787,000 for 2025.​ 31.9 Sec. 10. Laws 2023, chapter 55, article 4, section 21, subdivision 5, is amended to read:​ 31.10 Subd. 5. Tribal contract school aid. (a) For Tribal contract school aid under Minnesota​ 31.11 Statutes, section 124D.83:​ 2024​ .....​ 31.12 2,585,000​ 1,673,000​ 31.13 $​ 2025​ .....​ 31.14 2,804,000​ 2,131,000​ 31.15 $​ 31.16 (b) The 2024 appropriation includes $255,000 for 2023 and $2,330,000 $1,418,000 for​ 31.17 2024.​ 31.18 (c) The 2025 appropriation includes $258,000 $157,000 for 2024 and $2,546,000​ 31.19 $1,974,000 for 2025.​ 31.20 D. TEACHERS​ 31.21 Sec. 11. Laws 2023, chapter 55, article 5, section 64, subdivision 14, is amended to read:​ 31.22 Subd. 14. Student support personnel aid. (a) For aid to support schools in addressing​ 31.23 students' social, emotional, and physical health under Minnesota Statutes, section 124D.901:​ 2024​ .....​ 31.24 29,138,000​ 30,255,000​ 31.25 $​ 2025​ .....​ 31.26 35,270,000​ 36,498,000​ 31.27 $​ 31.28 (b) The 2024 appropriation includes $0 for fiscal year 2023 and $29,138,000 $30,255,000​ 31.29 for fiscal year 2024.​ 31.30 (c) The 2025 appropriation includes $3,237,000 $3,361,000 for fiscal year 2024 and​ 31.31 $32,033,000 $33,137,000 for fiscal year 2025.​ 31​ Article 11 Sec. 11.​ REVISOR CR/MI 24-07581​ 03/21/24 ​ 32.1 E. SPECIAL EDUCATION​ 32.2 Sec. 12. Laws 2023, chapter 55, article 7, section 18, subdivision 2, is amended to read:​ 32.3 Subd. 2. Aid for children with disabilities. (a) For aid under Minnesota Statutes, section​ 32.4 125A.75, subdivision 3, for children with disabilities placed in residential facilities within​ 32.5 the district boundaries for whom no district of residence can be determined:​ 2024​ .....​ 32.6 1,674,000​ 1,597,000​ 32.7 $​ 2025​ .....​ 32.8 1,888,000​ 1,844,000​ 32.9 $​ 32.10 (b) If the appropriation for either year is insufficient, the appropriation for the other year​ 32.11 is available.​ 32.12 Sec. 13. Laws 2023, chapter 55, article 7, section 18, subdivision 3, is amended to read:​ 32.13 Subd. 3. Court-placed special education revenue. For reimbursing serving school​ 32.14 districts for unreimbursed eligible expenditures attributable to children placed in the serving​ 32.15 school district by court action under Minnesota Statutes, section 125A.79, subdivision 4:​ 2024​ .....​ 32.16 26,000​ 39,000​ 32.17 $​ 2025​ .....​ 32.18 27,000​ 40,000​ 32.19 $​ 32.20 Sec. 14. Laws 2023, chapter 55, article 7, section 18, subdivision 6, is amended to read:​ 32.21 Subd. 6. Special education separate sites and programs. (a) For aid for special​ 32.22 education separate sites and programs under Minnesota Statutes, section 125A.81, subdivision​ 32.23 4:​ 2024​ .....​ 32.24 4,378,000​ 3,880,000​ 32.25 $​ 2025​ .....​ 32.26 5,083,000​ 4,505,000​ 32.27 $​ 32.28 (b) The 2024 appropriation includes $0 for 2023 and $4,378,000 $3,880,000 for 2024.​ 32.29 (c) The 2025 appropriation includes $486,000 $431,000 for 2024 and $4,597,000​ 32.30 $4,074,000 for 2025.​ 32​ Article 11 Sec. 14.​ REVISOR CR/MI 24-07581​ 03/21/24 ​ 33.1 Sec. 15. Laws 2023, chapter 55, article 7, section 18, subdivision 7, is amended to read:​ 33.2 Subd. 7. Travel for home-based services. (a) For aid for teacher travel for home-based​ 33.3 services under Minnesota Statutes, section 125A.75, subdivision 1:​ 2024​ .....​ 33.4 334,000​ 425,000​ 33.5 $​ 2025​ .....​ 33.6 348,000​ 475,000​ 33.7 $​ 33.8 (b) The 2024 appropriation includes $32,000 for 2023 and $302,000 $393,000 for 2024.​ 33.9 (c) The 2025 appropriation includes $33,000 $43,000 for 2024 and $315,000 $432,000​ 33.10 for 2025.​ 33.11 F. FACILITIES​ 33.12 Sec. 16. Laws 2023, chapter 55, article 8, section 19, subdivision 3, is amended to read:​ 33.13 Subd. 3. Debt service equalization aid. (a) For debt service equalization aid under​ 33.14 Minnesota Statutes, section 123B.53, subdivision 6:​ 2024​ .....​ 24,511,000​ 33.15 $​ 2025​ .....​ 33.16 21,351,000​ 20,333,000​ 33.17 $​ 33.18 (b) The 2024 appropriation includes $2,424,000 for 2023 and $22,087,000 for 2024.​ 33.19 (c) The 2025 appropriation includes $2,454,000 for 2024 and $18,897,000 $17,879,000​ 33.20 for 2025.​ 33.21 G. NUTRITION AND LIBRARIES​ 33.22 Sec. 17. Laws 2023, chapter 55, article 9, section 18, subdivision 4, is amended to read:​ 33.23 Subd. 4. Kindergarten milk. For kindergarten milk aid under Minnesota Statutes,​ 33.24 section 124D.118:​ 2024​ .....​ 33.25 659,000​ 428,000​ 33.26 $​ 2025​ .....​ 33.27 659,000​ 428,000​ 33.28 $​ 33.29 Sec. 18. Laws 2023, chapter 55, article 9, section 18, subdivision 8, is amended to read:​ 33.30 Subd. 8. School library aid. (a) For school library aid under Minnesota Statutes, section​ 33.31 134.356:​ 33​ Article 11 Sec. 18.​ REVISOR CR/MI 24-07581​ 03/21/24 ​ 2024​ .....​ 34.1 21,435,000​ 21,586,000​ 34.2 $​ 2025​ .....​ 34.3 23,799,000​ 23,903,000​ 34.4 $​ 34.5 (b) The 2024 appropriation includes $0 for 2023 and $21,435,000 $21,586,000 for 2024.​ 34.6 (c) The 2025 appropriation includes $2,382,000 $2,398,000 for 2024 and $21,417,000​ 34.7 $21,505,000 for 2025.​ 34.8 H. EARLY CHILDHOOD EDUCATION​ 34.9 Sec. 19. Laws 2023, chapter 54, section 20, subdivision 7, is amended to read:​ 34.10 Subd. 7. Early childhood family education aid. (a) For early childhood family education​ 34.11 aid under Minnesota Statutes, section 124D.135:​ 2024​ .....​ 34.12 37,497,000​ 37,209,000​ 34.13 $​ 2025​ .....​ 34.14 39,108,000​ 38,985,000​ 34.15 $​ 34.16 (b) The 2024 appropriation includes $3,518,000 for 2023 and $33,979,000 $33,691,000​ 34.17 for 2024.​ 34.18 (c) The 2025 appropriation includes $3,775,000 $3,743,000 for 2024 and $35,333,000​ 34.19 $35,242,000 for 2025.​ 34.20 Sec. 20. Laws 2023, chapter 54, section 20, subdivision 9, is amended to read:​ 34.21 Subd. 9. Developmental screening aid. (a) For developmental screening aid under​ 34.22 Minnesota Statutes, sections 121A.17 and 121A.19:​ 2024​ .....​ 34.23 4,350,000​ 4,148,000​ 34.24 $​ 2025​ .....​ 34.25 4,375,000​ 4,151,000​ 34.26 $​ 34.27 (b) The 2024 appropriation includes $349,000 for 2023 and $4,001,000 $3,799,000 for​ 34.28 2024.​ 34.29 (c) The 2025 appropriation includes $445,000 $422,000 for 2024 and $3,930,000​ 34.30 $3,729,000 for 2025.​ 34​ Article 11 Sec. 20.​ REVISOR CR/MI 24-07581​ 03/21/24 ​ 35.1 Sec. 21. Laws 2023, chapter 54, section 20, subdivision 17, is amended to read:​ 35.2 Subd. 17. Home visiting aid. (a) For home visiting aid under Minnesota Statutes, section​ 35.3 124D.135:​ 2024​ .....​ 35.4 391,000​ 382,000​ 35.5 $​ 2025​ .....​ 35.6 309,000​ 300,000​ 35.7 $​ 35.8 (b) The 2024 appropriation includes $41,000 for 2023 and $350,000 $341,000 for 2024.​ 35.9 (c) The 2025 appropriation includes $38,000 $37,000 for 2024 and $271,000 $263,000​ 35.10 for 2025.​ 35.11 I. COMMUNITY EDUCATION AND LIFELONG LEARNING​ 35.12 Sec. 22. Laws 2023, chapter 55, article 11, section 11, subdivision 2, is amended to read:​ 35.13 Subd. 2. Adult basic education aid. (a) For adult basic education aid under Minnesota​ 35.14 Statutes, section 124D.531:​ 2024​ .....​ 35.15 52,663,000​ 52,566,000​ 35.16 $​ 2025​ .....​ 35.17 53,717,000​ 53,684,000​ 35.18 $​ 35.19 (b) The 2024 appropriation includes $5,179,000 for 2023 and $47,484,000 $47,387,000​ 35.20 for 2024.​ 35.21 (c) The 2025 appropriation includes $5,275,000 $5,265,000 for 2024 and $48,442,000​ 35.22 $48,419,000 for 2025.​ 35.23 Sec. 23. Laws 2023, chapter 55, article 11, section 11, subdivision 3, is amended to read:​ 35.24 Subd. 3. Adults with disabilities program aid. (a) For adults with disabilities programs​ 35.25 under Minnesota Statutes, section 124D.56:​ 2024​ .....​ 710,000​ 35.26 $​ 2025​ .....​ 35.27 1,782,000​ 1,520,000​ 35.28 $​ 35.29 (b) The 2024 appropriation includes $71,000 for 2023 and $639,000 for 2024.​ 35.30 (c) The 2025 appropriation includes $71,000 for 2024 and $1,711,000 $1,449,000 for​ 35.31 2025.​ 35​ Article 11 Sec. 23.​ REVISOR CR/MI 24-07581​ 03/21/24 ​ 36.1 Sec. 24. Laws 2023, chapter 55, article 11, section 11, subdivision 5, is amended to read:​ 36.2 Subd. 5. Community education aid. (a) For community education aid under Minnesota​ 36.3 Statutes, section 124D.20:​ 2024​ .....​ 98,000​ 36.4 $​ 2025​ .....​ 36.5 8,030,000​ 7,857,000​ 36.6 $​ 36.7 (b) The 2024 appropriation includes $14,000 for 2023 and $84,000 for 2024.​ 36.8 (c) The 2025 appropriation includes $9,000 for 2024 and $8,021,000 $7,848,000 for​ 36.9 2025.​ 36.10 Sec. 25. Laws 2023, chapter 55, article 11, section 11, subdivision 10, is amended to read:​ 36.11 Subd. 10. School-age care aid. (a) For school-age care aid under Minnesota Statutes,​ 36.12 section 124D.22:​ 2024​ .....​ 36.13 1,000​ 0​ 36.14 $​ 2025​ .....​ 1,000​ 36.15 $​ 36.16 (b) The 2024 appropriation includes $0 for 2023 and $1,000 $0 for 2024.​ 36.17 (c) The 2025 appropriation includes $0 for 2024 and $1,000 for 2025.​ 36​ Article 11 Sec. 25.​ REVISOR CR/MI 24-07581​ 03/21/24 ​ Laws 2023, chapter 55, article 10, section 4​ Sec. 4. APPROPRIATION; VOLUNTARY PREKINDERGARTEN RESERVE.​ Subdivision 1. Department of Education. The sums indicated in this section are appropriated​ from the general fund to the Department of Education in the fiscal years designated.​ Subd. 2. Voluntary prekindergarten reserve. (a) The commissioner must reserve the following​ amount for future allocation towards 3,000 voluntary prekindergarten seats:​ 2024​ .....​ 0​ $​ 2025​ .....​ 50,000,000​ $​ (b) The 2024 legislature must provide direction to the commissioner on allocating the money​ reserved under paragraph (a).​ (c) This is a onetime appropriation and is available until June 30, 2026.​ 1R​ APPENDIX​ Repealed Minnesota Session Laws: 24-07581​

1.1 A bill for an act​ 1.2 relating to children; modifying provisions related to prekindergarten through grade​ 1.3 12 general education, education excellence, the Read Act, American Indian​ 1.4 education, teachers, charter schools, special education, school facilities, school​ 1.5 nutrition, libraries, state agencies, early childhood education, child protection and​ 1.6 welfare, economic supports, housing and homelessness, child care licensing, the​ 1.7 Department of Children, Youth, and Families, the Minnesota Indian Family​ 1.8 Preservation Act, children and families policy, and Department of Human Services​ 1.9 policy; providing for Human Services forecast adjustments; providing for​ 1.10 supplemental funding; providing for rulemaking; requiring reports; appropriating​ 1.11 money; amending Minnesota Statutes 2022, sections 13.321, by adding a​ 1.12 subdivision; 16A.103, by adding a subdivision; 120A.41; 121A.035; 121A.15,​ 1.13 subdivision 3, by adding a subdivision; 122A.415, by adding a subdivision;​ 1.14 122A.73, subdivision 4; 123B.71, subdivision 8; 124D.093, subdivisions 4, 5;​ 1.15 124D.19, subdivision 8; 124D.65, by adding a subdivision; 124D.957, subdivision​ 1.16 1; 124E.22; 125A.63, subdivision 5; 126C.05, subdivision 15; 126C.10, subdivision​ 1.17 13a; 127A.45, subdivisions 12, 13, 14a; 127A.51; 144.966, subdivision 2; 243.166,​ 1.18 subdivision 7, as amended; 245.975, subdivisions 2, 4, 9; 245A.04, subdivision​ 1.19 10; 245A.065; 245A.10, subdivisions 1, as amended, 2, as amended; 245A.14,​ 1.20 subdivision 17; 245A.144; 245A.175; 245A.52, subdivision 2, by adding a​ 1.21 subdivision; 245A.66, subdivision 2; 245C.08, subdivision 4; 245E.08; 245H.01,​ 1.22 by adding subdivisions; 245H.08, subdivision 1; 245H.14, subdivisions 1, 4;​ 1.23 256.029, as amended; 256.045, subdivisions 3b, as amended, 5, as amended, 7, as​ 1.24 amended; 256.0451, subdivisions 1, as amended, 22, 24; 256.046, subdivision 2,​ 1.25 as amended; 256E.35, subdivision 5; 256J.08, subdivision 34a; 256J.28, subdivision​ 1.26 1; 256N.22, subdivision 10; 256N.24, subdivision 10; 256N.26, subdivisions 12,​ 1.27 13, 15, 16, 18, 21, 22; 256P.05, by adding a subdivision; 259.20, subdivision 2;​ 1.28 259.37, subdivision 2; 259.53, by adding a subdivision; 259.79, subdivision 1;​ 1.29 259.83, subdivision 4; 260.755, subdivisions 2a, 5, 14, 17a, by adding subdivisions;​ 1.30 260.775; 260.785, subdivisions 1, 3; 260.810, subdivision 3; 260C.007, subdivisions​ 1.31 5, 6, 26b, by adding subdivisions; 260C.141, by adding a subdivision; 260C.178,​ 1.32 subdivisions 1, as amended, 7; 260C.202; 260C.209, subdivision 1; 260C.212,​ 1.33 subdivisions 1, 2, 13; 260C.301, subdivision 1, as amended; 260C.331, by adding​ 1.34 a subdivision; 260C.515, subdivision 4; 260C.607, subdivisions 1, 6; 260C.611;​ 1.35 260C.613, subdivision 1; 260C.615, subdivision 1; 260D.01; 260E.03, subdivision​ 1.36 23, as amended, by adding a subdivision; 260E.14, subdivision 3; 260E.30,​ 1.37 subdivision 3, as amended; 260E.36, subdivision 1a; 393.07, subdivision 10a;​ 1.38 518.17, by adding a subdivision; Minnesota Statutes 2023 Supplement, sections​ 1​ REVISOR CR H5237-4​ HF5237 FOURTH ENGROSSMENT​ State of Minnesota​ This Document can be made available​ in alternative formats upon request​ HOUSE OF REPRESENTATIVES​ H. F. No. 5237​ NINETY-THIRD SESSION​ Authored by Youakim, Edelson, Jordan, Clardy, Greenman and others​ 04/02/2024​ The bill was read for the first time and referred to the Committee on Education Finance​ Adoption of Report: Amended and re-referred to the Committee on Taxes​ 04/18/2024​ Adoption of Report: Re-referred to the Committee on Ways and Means​ 04/24/2024​ Adoption of Report: Placed on the General Register as Amended​ 04/26/2024​ Read for the Second Time​ Calendar for the Day, Amended​ 04/30/2024​ Read Third Time as Amended​ Passed by the House as Amended and transmitted to the Senate to include Floor Amendments​ Passed by the Senate as Amended and returned to the House​ 05/07/2024​ Refused to concur and a Conference Committee was appointed​ Conference Committee Report Adopted​ 05/17/2024​ Read Third Time as Amended by Conference and repassed by the House​ Read Third Time as Amended by Conference and repassed by the Senate​ 2.1 13.46, subdivision 4, as amended; 119B.011, subdivision 15; 119B.16, subdivisions​ 2.2 1a, 1c; 119B.161, subdivision 2; 120B.018, subdivision 6; 120B.021, subdivisions​ 2.3 1, 2, 3, 4, 5; 120B.024, subdivision 1; 120B.124, subdivision 1, by adding a​ 2.4 subdivision; 121A.642; 122A.415, subdivision 4; 122A.73, subdivisions 2, 3;​ 2.5 122A.77, subdivisions 1, 2; 123B.71, subdivision 12; 123B.92, subdivision 11;​ 2.6 124D.111, subdivision 3; 124D.142, subdivision 2, as amended; 124D.151,​ 2.7 subdivision 6; 124D.165, subdivisions 3, 6; 124D.65, subdivision 5, as amended;​ 2.8 124D.81, subdivision 2b; 124D.901, subdivision 3; 124D.98, subdivision 5;​ 2.9 124D.995, subdivision 3; 124E.13, subdivision 1; 126C.10, subdivisions 2e, 3, 3a,​ 2.10 3c, 4, 18a; 126C.40, subdivision 6; 127A.21; 134.356, by adding subdivisions;​ 2.11 144.2252, subdivision 2; 144.2253; 245A.02, subdivision 2c; 245A.03, subdivision​ 2.12 7, as amended; 245A.16, subdivisions 1, as amended, 11; 245A.50, subdivisions​ 2.13 3, 4; 245A.66, subdivision 4, as amended; 245C.02, subdivision 6a; 245C.033,​ 2.14 subdivision 3; 245C.10, subdivision 15; 245H.06, subdivisions 1, 2; 245H.08,​ 2.15 subdivisions 4, 5; 256.01, subdivision 12b; 256.043, subdivisions 3, 3a; 256.045,​ 2.16 subdivision 3, as amended; 256.046, subdivision 3; 256B.0625, subdivision 26;​ 2.17 256B.0671, by adding a subdivision; 256E.35, subdivision 2; 256E.38, subdivision​ 2.18 4; 256M.42, by adding a subdivision; 256P.06, subdivision 3; 259.83, subdivisions​ 2.19 1, 1b, 3a; 260.755, subdivisions 1a, 3, 3a, 5b, 20, 22; 260.758, subdivisions 2, 4,​ 2.20 5; 260.761; 260.762; 260.763, subdivisions 1, 4, 5; 260.765, subdivisions 2, 3a,​ 2.21 4b; 260.771, subdivisions 1a, 1b, 1c, 2b, 2d, 6, by adding a subdivision; 260.773,​ 2.22 subdivisions 1, 2, 3, 4, 5, 10, 11; 260.774, subdivisions 1, 2, 3; 260.781, subdivision​ 2.23 1; 260.786, subdivision 2; 260.795, subdivision 1; 260E.02, subdivision 1, as​ 2.24 amended; 260E.03, subdivisions 15a, 15b, 22; 260E.14, subdivision 5; 260E.17,​ 2.25 subdivision 1; 260E.18; 260E.20, subdivision 2; 260E.24, subdivisions 2, 7;​ 2.26 260E.33, subdivision 1; 260E.35, subdivision 6; 518A.42, subdivision 3; Laws​ 2.27 1987, chapter 404, section 18, subdivision 1; Laws 2023, chapter 18, section 4,​ 2.28 subdivisions 2, as amended, 3, as amended; Laws 2023, chapter 54, section 20,​ 2.29 subdivisions 6, 24; Laws 2023, chapter 55, article 1, section 36, subdivisions 2,​ 2.30 as amended, 8, 13; article 2, sections 61, subdivision 4; 64, subdivisions 2, as​ 2.31 amended, 6, as amended, 9, 14, 16, 26, 31, 33; article 3, section 11, subdivisions​ 2.32 3, 4; article 5, sections 64, subdivisions 3, as amended, 5, 13, 15, 16; 65,​ 2.33 subdivisions 3, 6, 7; article 7, section 18, subdivision 4, as amended; article 8,​ 2.34 section 19, subdivisions 5, 6, as amended; article 12, section 17, subdivision 2;​ 2.35 Laws 2023, chapter 64, article 15, section 34, subdivision 2; Laws 2023, chapter​ 2.36 70, article 11, section 13, subdivision 8; article 12, section 30, subdivisions 2, 3;​ 2.37 article 14, section 42, subdivision 6; article 20, sections 2, subdivisions 22, 24;​ 2.38 23; Laws 2024, chapter 80, article 1, sections 38, subdivisions 1, 2, 5, 6, 7, 9; 96;​ 2.39 article 2, sections 5, subdivision 21, by adding a subdivision; 7, subdivision 2; 10,​ 2.40 subdivision 6; 16, subdivision 1, by adding a subdivision; 30, subdivision 2; 31;​ 2.41 74; article 4, section 26; article 6, section 4; article 7, section 4; proposing coding​ 2.42 for new law in Minnesota Statutes, chapters 123B; 127A; 142A; 259; 260D; 260E;​ 2.43 524; proposing coding for new law as Minnesota Statutes, chapters 142B; 142C;​ 2.44 142F; repealing Minnesota Statutes 2022, sections 127A.095, subdivision 3;​ 2.45 245.975, subdivision 8; 256.01, subdivisions 12, 12a; 260.755, subdivision 13;​ 2.46 Laws 2023, chapter 25, section 190, subdivision 10; Laws 2023, chapter 55, article​ 2.47 10, section 4; Laws 2024, chapter 80, article 1, sections 38, subdivisions 3, 4, 11;​ 2.48 39; 43, subdivision 2; article 2, sections 1, subdivision 11; 3, subdivision 3; 4,​ 2.49 subdivision 4; 10, subdivision 4; 33; 69; article 7, sections 3; 9; Minnesota Rules,​ 2.50 parts 9502.0425, subparts 5, 10; 9545.0805, subpart 1; 9545.0845; 9560.0232,​ 2.51 subpart 5.​ 2​ REVISOR CR H5237-4​ HF5237 FOURTH ENGROSSMENT​ 3.1 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:​ 3.2 ARTICLE 1​ 3.3 GENERAL EDUCATION​ 3.4 Section 1. Minnesota Statutes 2022, section 120A.41, is amended to read:​ 3.5 120A.41 LENGTH OF SCHOOL YEAR; HOURS OF INSTRUCTION.​ 3.6 (a) A school board's annual school calendar must include at least 425 hours of instruction​ 3.7 for a kindergarten student without a disability, 935 hours of instruction for a student in​ 3.8 grades 1 through 6, and 1,020 hours of instruction for a student in grades 7 through 12, not​ 3.9 including summer school. The school calendar for all-day kindergarten must include at least​ 3.10 850 hours of instruction for the school year. The school calendar for a prekindergarten​ 3.11 student under section 124D.151, if offered by the district, must include at least 350 hours​ 3.12 of instruction for the school year. A school board's annual calendar must include at least​ 3.13 165 days of instruction for a student in grades 1 through 11 unless a four-day week schedule​ 3.14 has been approved by the commissioner under section 124D.126.​ 3.15 (b) A school board's annual school calendar may include plans for up to five days of​ 3.16 instruction provided through online instruction due to inclement weather. The inclement​ 3.17 weather plans must be developed according to section 120A.414.​ 3.18 EFFECTIVE DATE. This section is effective for the 2023-2024 school year and later.​ 3.19 Sec. 2. Minnesota Statutes 2023 Supplement, section 123B.92, subdivision 11, is amended​ 3.20 to read:​ 3.21 Subd. 11. Area learning center transportation aid. (a) A district or cooperative unit​ 3.22 under section 123A.24, subdivision 2, that provides transportation of pupils to and from an​ 3.23 area learning center program established under section 123A.05 is eligible for state aid to​ 3.24 reimburse the additional costs of transportation during the preceding fiscal year.​ 3.25 (b) A district or cooperative unit under section 123A.24, subdivision 2, may apply to​ 3.26 the commissioner of education for state aid to reimburse the costs of transporting pupils​ 3.27 who are enrolled in an area learning center program established under section 123A.05​ 3.28 during the preceding fiscal year. The commissioner shall develop the form and manner of​ 3.29 applications for state aid, the criteria to determine when transportation is necessary, and the​ 3.30 accounting procedure to determine excess costs. In determining aid amounts, the​ 3.31 commissioner shall consider other revenue received by the district or cooperative unit under​ 3.32 section 123A.24, subdivision 2, for transportation for area learning center purposes.​ 3​ Article 1 Sec. 2.​ REVISOR CR H5237-4​ HF5237 FOURTH ENGROSSMENT​ 4.1 (c) The total aid entitlement for this section is $1,000,000 each year. The commissioner​ 4.2 must prorate aid if this amount is insufficient to reimburse district costs for a district or​ 4.3 cooperative unit under section 123A.24, subdivision 2.​ 4.4 EFFECTIVE DATE. This section is effective for revenue in fiscal year 2024 and later.​ 4.5 Sec. 3. Minnesota Statutes 2023 Supplement, section 124D.65, subdivision 5, as amended​ 4.6 by Laws 2024, chapter 85, section 21, is amended to read:​ 4.7 Subd. 5. School district EL revenue. (a) For fiscal year 2024 through fiscal year 2026,​ 4.8 a district's English learner programs revenue equals the sum of:​ 4.9 (1) the product of (i) $1,228, and (ii) the greater of 20 or the adjusted average daily​ 4.10 membership of eligible English learners enrolled in the district during the current fiscal​ 4.11 year; and​ 4.12 (2) $436 times the English learner pupil units under section 126C.05, subdivision 17.​ 4.13 (b) For fiscal year 2027 and later, a district's English learner programs revenue equals​ 4.14 the sum of:​ 4.15 (1) the product of (i) $1,775, and (ii) the greater of 20 or the adjusted average daily​ 4.16 membership of eligible English learners enrolled in the district during the current fiscal​ 4.17 year; and​ 4.18 (2) $630 times the English learner pupil units under section 126C.05, subdivision 17;​ 4.19 and​ 4.20 (3) the district's English learner cross subsidy aid. A district's English learner cross​ 4.21 subsidy aid equals 25 percent of the district's English learner cross subsidy under paragraph​ 4.22 (c) for fiscal year 2027 and later.​ 4.23 (c) A district's English learner cross subsidy equals the greater of zero or the difference​ 4.24 between the district's expenditures for qualifying English learner services for the second​ 4.25 previous year and the district's English learner revenue for the second previous year.​ 4.26 (d) A pupil ceases to generate state English learner aid in the school year following the​ 4.27 school year in which the pupil attains the state cutoff score on a commissioner-provided​ 4.28 assessment that measures the pupil's emerging academic English.​ 4.29 EFFECTIVE DATE. This section is effective July 1, 2024.​ 4​ Article 1 Sec. 3.​ REVISOR CR H5237-4​ HF5237 FOURTH ENGROSSMENT​ 5.1 Sec. 4. Minnesota Statutes 2022, section 124D.65, is amended by adding a subdivision to​ 5.2 read:​ 5.3 Subd. 5a. English learner cross subsidy aid. (a) For fiscal year 2027 and later, a district's​ 5.4 English learner cross subsidy aid equals 25 percent of the district's English learner cross​ 5.5 subsidy calculated under paragraph (b).​ 5.6 (b) A district's English learner cross subsidy equals the greater of zero or the difference​ 5.7 between the district's expenditures for qualifying English learner services for the second​ 5.8 previous year and the district's English learner revenue under subdivision 5 for the second​ 5.9 previous year. For the purposes of this subdivision, "qualifying English learner services"​ 5.10 means the services necessary to implement the language instruction educational program​ 5.11 for students identified as English learners under sections 124D.58 to 124D.65. Only​ 5.12 expenditures that both address the English language development standards in Minnesota​ 5.13 Rules, parts 3501.1200 and 3501.1210, which may include home language instruction, and​ 5.14 are supplemental to the cost of core content instruction may be included as expenditures​ 5.15 for qualifying English learner services. Expenditures do not include costs related to​ 5.16 construction, indirect costs, core content instruction, or core administrative personnel.​ 5.17 EFFECTIVE DATE. This section is effective July 1, 2024.​ 5.18 Sec. 5. Minnesota Statutes 2023 Supplement, section 124D.995, subdivision 3, is amended​ 5.19 to read:​ 5.20 Subd. 3. Money appropriated. (a) Subject to the availability of funds, money in the​ 5.21 account is annually appropriated to the commissioner of education to reimburse school​ 5.22 districts; charter schools; intermediate school districts and cooperative units under section​ 5.23 123A.24, subdivision 2; the Perpich Center for Arts Education; and the Minnesota State​ 5.24 Academies for costs associated with providing unemployment benefits to school employees​ 5.25 under section 268.085, subdivision 7, paragraph (b).​ 5.26 (b) The Perpich Center for Arts Education and the Minnesota State Academies may only​ 5.27 apply to the commissioner for reimbursement of unemployment insurance amounts in excess​ 5.28 of the amounts specifically identified in their annual agency appropriations.​ 5.29 (c) If the amount in the account is insufficient, the commissioner must proportionately​ 5.30 reduce the aid payment to each recipient. Notwithstanding section 127A.45, subdivision 3,​ 5.31 aid payments must be paid 100 90 percent in the current year and ten percent in the following​ 5.32 year on a schedule determined by the commissioner.​ 5.33 EFFECTIVE DATE. This section is effective for revenue in fiscal year 2024 and later.​ 5​ Article 1 Sec. 5.​ REVISOR CR H5237-4​ HF5237 FOURTH ENGROSSMENT​ 6.1 Sec. 6. Minnesota Statutes 2022, section 126C.05, subdivision 15, is amended to read:​ 6.2 Subd. 15. Learning year pupil units. (a) When a pupil is enrolled in a learning year​ 6.3 program under section 124D.128, an area learning center or an alternative learning program​ 6.4 approved by the commissioner under sections 123A.05 and 123A.06, or a contract alternative​ 6.5 program under section 124D.68, subdivision 3, paragraph (d), or subdivision 4, for more​ 6.6 than 1,020 hours in a school year for a secondary student, more than 935 hours in a school​ 6.7 year for an elementary student, more than 850 hours in a school year for a kindergarten​ 6.8 student without a disability in an all-day kindergarten program, or more than 425 hours in​ 6.9 a school year for a half-day kindergarten student without a disability, that pupil may be​ 6.10 counted as more than one pupil in average daily membership for purposes of section 126C.10,​ 6.11 subdivision 2a. The amount in excess of one pupil must be determined by the ratio of the​ 6.12 number of hours of instruction provided to that pupil in excess of: (i) the greater of 1,020​ 6.13 hours or the number of hours required for a full-time secondary pupil in the district to 1,020​ 6.14 for a secondary pupil; (ii) the greater of 935 hours or the number of hours required for a​ 6.15 full-time elementary pupil in the district to 935 for an elementary pupil in grades 1 through​ 6.16 6; and (iii) the greater of 850 hours or the number of hours required for a full-time​ 6.17 kindergarten student without a disability in the district to 850 for a kindergarten student​ 6.18 without a disability. Hours that occur after the close of the instructional year in June shall​ 6.19 be attributable to the following fiscal year. A student in kindergarten or grades 1 through​ 6.20 12 must not be counted as more than 1.2 pupils in average daily membership under this​ 6.21 subdivision.​ 6.22 (b)(i) To receive general education revenue for a pupil in an area learning center or​ 6.23 alternative learning program that has an independent study component, a district must meet​ 6.24 the requirements in this paragraph. The district must develop, for the pupil, a continual​ 6.25 learning plan consistent with section 124D.128, subdivision 3. Each school district that has​ 6.26 an area learning center or alternative learning program must reserve revenue in an amount​ 6.27 equal to at least 90 and not more than 100 percent of the district average general education​ 6.28 revenue per pupil unit, minus an amount equal to the product of the formula allowance​ 6.29 according to section 126C.10, subdivision 2, times .0466, calculated without basic skills​ 6.30 revenue, local optional revenue, and transportation sparsity revenue, times the number of​ 6.31 pupil units generated by students attending an area learning center or alternative learning​ 6.32 program. The amount of reserved revenue available under this subdivision may only be​ 6.33 spent for program costs associated with the area learning center or alternative learning​ 6.34 program. Basic skills revenue generated according to section 126C.10, subdivision 4, by​ 6.35 pupils attending the eligible program must be allocated to the program.​ 6​ Article 1 Sec. 6.​ REVISOR CR H5237-4​ HF5237 FOURTH ENGROSSMENT​ 7.1 (ii) General education revenue for a pupil in a state-approved alternative program without​ 7.2 an independent study component must be prorated for a pupil participating for less than a​ 7.3 full year, or its equivalent. The district must develop a continual learning plan for the pupil,​ 7.4 consistent with section 124D.128, subdivision 3. Each school district that has an area learning​ 7.5 center or alternative learning program must reserve revenue in an amount equal to at least​ 7.6 90 and not more than 100 percent of the district average general education revenue per pupil​ 7.7 unit, minus an amount equal to the product of the formula allowance according to section​ 7.8 126C.10, subdivision 2, times .0466, calculated without basic skills revenue, local optional​ 7.9 revenue, and transportation sparsity revenue, times the number of pupil units generated by​ 7.10 students attending an area learning center or alternative learning program. The amount of​ 7.11 reserved revenue available under this subdivision may only be spent for program costs​ 7.12 associated with the area learning center or alternative learning program. Basic skills revenue​ 7.13 generated according to section 126C.10, subdivision 4, by pupils attending the eligible​ 7.14 program must be allocated to the program.​ 7.15 (iii) General education revenue for a pupil in a state-approved alternative program that​ 7.16 has an independent study component must be paid for each hour of teacher contact time​ 7.17 and each hour of independent study time completed toward a credit or graduation standards​ 7.18 necessary for graduation. Average daily membership for a pupil shall equal the number of​ 7.19 hours of teacher contact time and independent study time divided by 1,020.​ 7.20 (iv) For a state-approved alternative program having an independent study component,​ 7.21 the commissioner shall require a description of the courses in the program, the kinds of​ 7.22 independent study involved, the expected learning outcomes of the courses, and the means​ 7.23 of measuring student performance against the expected outcomes.​ 7.24 EFFECTIVE DATE. This section is effective for the 2023-2024 school year and later.​ 7.25 Sec. 7. Minnesota Statutes 2023 Supplement, section 126C.10, subdivision 2e, is amended​ 7.26 to read:​ 7.27 Subd. 2e. Local optional revenue. (a) Local optional revenue for a school district equals​ 7.28 the sum of the district's first tier local optional revenue and second tier local optional revenue.​ 7.29 A district's first tier local optional revenue equals $300 times the adjusted pupil units of the​ 7.30 district for that school year. A district's second tier local optional revenue equals $424 times​ 7.31 the adjusted pupil units of the district for that school year.​ 7.32 (b) A district's local optional levy equals the sum of the first tier local optional levy and​ 7.33 the second tier local optional levy.​ 7​ Article 1 Sec. 7.​ REVISOR CR H5237-4​ HF5237 FOURTH ENGROSSMENT​ 8.1 (c) A district's first tier local optional levy equals the district's first tier local optional​ 8.2 revenue times the lesser of one or the ratio of the district's referendum market value per​ 8.3 resident pupil unit to $880,000.​ 8.4 (d) For fiscal year 2023, a district's second tier local optional levy equals the district's​ 8.5 second tier local optional revenue times the lesser of one or the ratio of the district's​ 8.6 referendum market value per resident pupil unit to $548,842. For fiscal year 2024, a district's​ 8.7 second tier local optional levy equals the district's second tier local optional revenue times​ 8.8 the lesser of one or the ratio of the district's referendum market value per resident pupil unit​ 8.9 to $510,000. For fiscal year 2025, a district's second tier local optional levy equals the​ 8.10 district's second tier local optional revenue times the lesser of one or the ratio of the district's​ 8.11 referendum market value per resident pupil unit to $587,244 $626,450. For fiscal year 2026,​ 8.12 a district's second tier local optional levy equals the district's second tier local optional​ 8.13 revenue times the lesser of one or the ratio of the district's referendum market value per​ 8.14 resident pupil unit to $642,038. For fiscal year 2027 and later, a district's second tier local​ 8.15 optional levy equals the district's second tier local optional revenue times the lesser of one​ 8.16 or the ratio of the district's referendum market value per resident pupil unit to $671,345.​ 8.17 (e) The local optional levy must be spread on referendum market value. A district may​ 8.18 levy less than the permitted amount.​ 8.19 (f) A district's local optional aid equals its local optional revenue minus its local optional​ 8.20 levy. If a district's actual levy for first or second tier local optional revenue is less than its​ 8.21 maximum levy limit for that tier, its aid must be proportionately reduced.​ 8.22 EFFECTIVE DATE. This section is effective for revenue in fiscal year 2025 and later.​ 8.23 Sec. 8. Minnesota Statutes 2023 Supplement, section 126C.10, subdivision 3, is amended​ 8.24 to read:​ 8.25 Subd. 3. Compensatory education revenue. (a) For fiscal year 2024, the compensatory​ 8.26 education revenue for each building in the district equals the formula allowance minus $839​ 8.27 times the compensation revenue pupil units computed according to section 126C.05,​ 8.28 subdivision 3. A district's compensatory revenue equals the sum of its compensatory revenue​ 8.29 for each building in the district and the amounts designated under Laws 2015, First Special​ 8.30 Session chapter 3, article 2, section 70, subdivision 8, for fiscal year 2017. Revenue shall​ 8.31 be paid to the district and must be allocated according to section 126C.15, subdivision 2.​ 8.32 (b) For fiscal year 2025, compensatory revenue must be calculated under Laws 2023,​ 8.33 chapter 18, section 3. For fiscal years 2024 and 2025, the compensatory education revenue​ 8​ Article 1 Sec. 8.​ REVISOR CR H5237-4​ HF5237 FOURTH ENGROSSMENT​ 9.1 for each building in the district equals the formula allowance minus $839 times the​ 9.2 compensation revenue pupil units computed according to section 126C.05, subdivision 3.​ 9.3 (c) For fiscal year 2026 and later, the compensatory education revenue for each building​ 9.4 in the district equals its compensatory pupils multiplied by the building compensatory​ 9.5 allowance. Revenue shall be paid to the district and must be allocated according to section​ 9.6 126C.15, subdivision 2.​ 9.7 (d) When the district contracting with an alternative program under section 124D.69​ 9.8 changes prior to the start of a school year, the compensatory revenue generated by pupils​ 9.9 attending the program shall be paid to the district contracting with the alternative program​ 9.10 for the current school year, and shall not be paid to the district contracting with the alternative​ 9.11 program for the prior school year.​ 9.12 (e) When the fiscal agent district for an area learning center changes prior to the start of​ 9.13 a school year, the compensatory revenue shall be paid to the fiscal agent district for the​ 9.14 current school year, and shall not be paid to the fiscal agent district for the prior school year.​ 9.15 (f) Notwithstanding paragraph (c), for voluntary prekindergarten programs under section​ 9.16 124D.151, charter schools, and contracted alternative programs in the first year of operation,​ 9.17 compensatory education revenue must be computed using data for the current fiscal year.​ 9.18 If the voluntary prekindergarten program, charter school, or contracted alternative program​ 9.19 begins operation after October 1, compensatory education revenue must be computed based​ 9.20 on pupils enrolled on an alternate date determined by the commissioner, and the​ 9.21 compensatory education revenue must be prorated based on the ratio of the number of days​ 9.22 of student instruction to 170 days.​ 9.23 (g) (f) Notwithstanding paragraph (c), for fiscal year 2026, if the calculation under​ 9.24 paragraph (d) results in statewide revenue of sum of the amounts calculated under paragraph​ 9.25 (c) is less than $838,947,000, additional revenue must be provided the commissioner must​ 9.26 proportionately increase the revenue to each building in a manner prescribed by the​ 9.27 commissioner of education until the total statewide revenue calculated for each building​ 9.28 equals $838,947,000.​ 9.29 (h) (g) Notwithstanding paragraph (c), for fiscal year 2027 and later, if the calculation​ 9.30 under paragraph (d) results in statewide revenue of sum of the amounts calculated under​ 9.31 paragraph (c) is less than $857,152,000, additional revenue must be provided the​ 9.32 commissioner must proportionately increase the revenue to each building in a manner​ 9.33 prescribed by the commissioner of education until the total statewide revenue calculated​ 9.34 for each building equals $857,152,000.​ 9​ Article 1 Sec. 8.​ REVISOR CR H5237-4​ HF5237 FOURTH ENGROSSMENT​ 10.1 EFFECTIVE DATE. This section is effective for revenue in fiscal year 2025 and later.​ 10.2 Sec. 9. Minnesota Statutes 2023 Supplement, section 126C.10, subdivision 3a, is amended​ 10.3 to read:​ 10.4 Subd. 3a. Definitions. The definitions in this subdivision apply only to subdivisions 3,​ 10.5 3b, and 3c.​ 10.6 (a) "Building compensatory allowance" means a building concentration factor multiplied​ 10.7 by the statewide compensatory allowance.​ 10.8 (b) "Building concentration factor" means the ratio of a building's compensatory pupils​ 10.9 to the number of pupils enrolled in the building on October 1 of the previous fiscal year.​ 10.10 (c) "Compensatory pupils" means the sum of the number of pupils enrolled in a building​ 10.11 eligible to receive free meals pursuant to subdivision 3b plus one-half of the pupils eligible​ 10.12 to receive reduced-priced meals pursuant to subdivision 3b on October 1 of the previous​ 10.13 fiscal year.​ 10.14 (d) "Statewide compensatory allowance" means the amount calculated pursuant to​ 10.15 subdivision 3c.​ 10.16 (e) Notwithstanding paragraphs (b) and (c), for voluntary prekindergarten programs​ 10.17 under section 124D.151, charter schools, and contracted alternative programs in the first​ 10.18 year of operation, the building concentration factor and compensatory pupils must be​ 10.19 computed using data for the current fiscal year. If the voluntary prekindergarten program,​ 10.20 charter school, or contracted alternative program begins operation after October 1, the​ 10.21 building concentration factor and compensatory pupils must be computed based on pupils​ 10.22 enrolled on an alternate date determined by the commissioner and the compensatory pupils​ 10.23 must be prorated based on the ratio of the number of days of student instruction to 170 days.​ 10.24 EFFECTIVE DATE. This section is effective for revenue in fiscal year 2025 and later.​ 10.25 Sec. 10. Minnesota Statutes 2023 Supplement, section 126C.10, subdivision 3c, is amended​ 10.26 to read:​ 10.27 Subd. 3c. Statewide compensatory allowance. (a) For fiscal year 2026, the statewide​ 10.28 compensatory allowance is $6,734. For fiscal year 2027 and later, the statewide compensatory​ 10.29 allowance equals the statewide compensatory allowance in effect for the prior fiscal year​ 10.30 times the ratio of the formula allowance under section 126C.10, subdivision 2, for the current​ 10.31 fiscal year to the formula allowance under section 126C.10, subdivision 2, for the prior​ 10.32 fiscal year, rounded to the nearest whole dollar.​ 10​ Article 1 Sec. 10.​ REVISOR CR H5237-4​ HF5237 FOURTH ENGROSSMENT​ 11.1 (b) For fiscal year 2026 and later, the statewide compensatory allowance equals the​ 11.2 statewide compensatory allowance in effect for the prior fiscal year times the ratio of the​ 11.3 formula allowance under section 126C.10, subdivision 2, for the current fiscal year to the​ 11.4 formula allowance under section 126C.10, subdivision 2, for the prior fiscal year, rounded​ 11.5 to the nearest whole dollar.​ 11.6 Sec. 11. Minnesota Statutes 2023 Supplement, section 126C.10, subdivision 4, is amended​ 11.7 to read:​ 11.8 Subd. 4. Basic skills revenue. A school district's basic skills revenue equals the sum​ 11.9 of:​ 11.10 (1) compensatory revenue under subdivision 3; and​ 11.11 (2) English learner revenue under section 124D.65, subdivision subdivisions 5 and 5a.​ 11.12 EFFECTIVE DATE. This section is effective July 1, 2024.​ 11.13 Sec. 12. Minnesota Statutes 2022, section 126C.10, subdivision 13a, is amended to read:​ 11.14 Subd. 13a. Operating capital levy. (a) To obtain operating capital revenue, a district​ 11.15 may levy an amount not more than the product of its operating capital equalization revenue​ 11.16 for the fiscal year times the lesser of one or the ratio of its adjusted net tax capacity per​ 11.17 adjusted pupil unit to the operating capital equalizing factor. The operating capital equalizing​ 11.18 factor equals $23,902 for fiscal year 2020, $23,885 for fiscal year 2021, and $22,912 for​ 11.19 fiscal year 2022 and later 2024, $23,138 for fiscal year 2025, and $22,912 for fiscal year​ 11.20 2026 and later.​ 11.21 (b) A district's operating capital equalization revenue equals the district's total operating​ 11.22 capital revenue under subdivision 13, calculated without the amount under subdivision 13,​ 11.23 paragraph (a), clause (3).​ 11.24 EFFECTIVE DATE. This section is effective for revenue in fiscal year 2024 and later.​ 11.25 Sec. 13. Minnesota Statutes 2023 Supplement, section 126C.10, subdivision 18a, is​ 11.26 amended to read:​ 11.27 Subd. 18a. Pupil transportation adjustment. (a) An independent, common, or special​ 11.28 school district's transportation sparsity revenue under subdivision 18 is increased by the​ 11.29 greater of zero or 35 percent of the difference between:​ 11​ Article 1 Sec. 13.​ REVISOR CR H5237-4​ HF5237 FOURTH ENGROSSMENT​ 12.1 (1) the lesser of the district's total cost for regular and excess pupil transportation under​ 12.2 section 123B.92, subdivision 1, paragraph (b), including depreciation, for the previous fiscal​ 12.3 year or 105 percent of the district's total cost for the second previous fiscal year; and​ 12.4 (2) the sum of:​ 12.5 (i) 4.66 percent of the district's basic revenue for the previous fiscal year;​ 12.6 (ii) transportation sparsity revenue under subdivision 18 for the previous fiscal year;​ 12.7 (iii) the district's charter school transportation adjustment for the previous fiscal year;​ 12.8 and​ 12.9 (iv) the district's reimbursement for transportation provided under section 123B.92,​ 12.10 subdivision 1, paragraph (b), clause (1), item (vi); and​ 12.11 (v) the district's area learning center transportation aid under section 123B.92, subdivision​ 12.12 11.​ 12.13 (b) A charter school's pupil transportation adjustment equals the school district per pupil​ 12.14 unit adjustment under paragraph (a).​ 12.15 EFFECTIVE DATE. This section is effective for revenue in fiscal year 2025 and later.​ 12.16 Sec. 14. Minnesota Statutes 2022, section 127A.51, is amended to read:​ 12.17 127A.51 STATEWIDE AVERAGE REVENUE.​ 12.18 (a) By December 1 of each year the commissioner must estimate the statewide average​ 12.19 adjusted general revenue per adjusted pupil unit and the disparity in adjusted general revenue​ 12.20 among pupils and districts by computing the ratio of the 95th percentile to the fifth percentile​ 12.21 of adjusted general revenue. The commissioner must provide that information to all districts.​ 12.22 (b) If the disparity in adjusted general revenue as measured by the ratio of the 95th​ 12.23 percentile to the fifth percentile increases in any year, the commissioner shall recommend​ 12.24 to the legislature options for change in the general education formula that will limit the​ 12.25 disparity in adjusted general revenue to no more than the disparity for the previous school​ 12.26 year. The commissioner must submit the recommended options to the education committees​ 12.27 of the legislature by February 1.​ 12.28 (c) For purposes of this section and section 126C.10, adjusted general revenue means​ 12.29 the sum of basic revenue under section 126C.10, subdivision 2; referendum revenue under​ 12.30 section 126C.17; local optional revenue under section 126C.10, subdivision 2e; and equity​ 12.31 revenue under section 126C.10, subdivisions 24a and 24b subdivision 24.​ 12​ Article 1 Sec. 14.​ REVISOR CR H5237-4​ HF5237 FOURTH ENGROSSMENT​ 13.1 EFFECTIVE DATE. This section is effective July 1, 2024.​ 13.2 Sec. 15. Laws 2023, chapter 55, article 1, section 36, subdivision 2, as amended by Laws​ 13.3 2024, chapter 81, section 1, is amended to read:​ 13.4 Subd. 2. General education aid. (a) For general education aid under Minnesota Statutes,​ 13.5 section 126C.13, subdivision 4:​ 2024​ .....​ 8,103,909,000​ 13.6 $​ 2025​ .....​ 13.7 8,299,317,000​ 8,333,843,000​ 13.8 $​ 13.9 (b) The 2024 appropriation includes $707,254,000 for 2023 and $7,396,655,000 for​ 13.10 2024.​ 13.11 (c) The 2025 appropriation includes $771,421,000 for 2024 and $7,527,896,000​ 13.12 $7,562,422,000 for 2025.​ 13.13 Sec. 16. Laws 2023, chapter 55, article 1, section 36, subdivision 8, is amended to read:​ 13.14 Subd. 8. One-room schoolhouse. (a) For a grant aid to Independent School District No.​ 13.15 690, Warroad, to operate the Angle Inlet School:​ 2024​ .....​ 65,000​ 13.16 $​ 2025​ .....​ 65,000​ 13.17 $​ 13.18 (b) This aid is 100 percent payable in the current year.​ 13.19 Sec. 17. Laws 2023, chapter 64, article 15, section 34, subdivision 2, is amended to read:​ 13.20 Subd. 2. Windom School District onetime supplemental aid. (a) For aid to Independent​ 13.21 School District No. 177, Windom:​ 2024​ .....​ 1,000,000​ 13.22 $​ 13.23 (b) For fiscal year 2024 only, Windom School District's onetime supplemental aid equals​ 13.24 the greater of zero or the product of: (1) $10,000, and (2) the difference between the October​ 13.25 1, 2022, pupil enrollment count and the October 1, 2023, pupil enrollment count. The amount​ 13.26 calculated under this paragraph must not exceed $1,000,000.​ 13.27 (c) 100 percent of the aid must be paid in the current year.​ 13.28 (d) This is a onetime appropriation.​ 13.29 (e) On June 29, 2024, $840,000 from the initial fiscal year 2024 appropriation is canceled​ 13.30 to the general fund.​ 13​ Article 1 Sec. 17.​ REVISOR CR H5237-4​ HF5237 FOURTH ENGROSSMENT​ 14.1 EFFECTIVE DATE. This section is effective the day following final enactment.​ 14.2 Sec. 18. BASIC SKILLS REVENUE ACCOUNT TRANSFERS.​ 14.3 Notwithstanding Minnesota Statutes, section 126C.15, subdivision 4, by June 30, 2025,​ 14.4 school districts with a balance in their basic skills revenue account that is restricted for use​ 14.5 on extended time programs must transfer those funds to an account that is restricted for​ 14.6 basic skills revenue.​ 14.7 EFFECTIVE DATE. This section is effective the day following final enactment.​ 14.8 Sec. 19. TASK FORCE ON ENGLISH LEARNER PROGRAMS.​ 14.9 Subdivision 1. Task force established. A task force is established to analyze how public​ 14.10 schools use English learner revenue at the site level and administrative level, consider how​ 14.11 microcredentials or other certifications may be used to improve collaboration between​ 14.12 teachers working with English learners, and make recommendations on how English learner​ 14.13 revenue can be used more effectively to help students become proficient in English and​ 14.14 participate meaningfully and equally in education programs.​ 14.15 Subd. 2. Members. The commissioner of education, in consultation with the executive​ 14.16 director of the Professional Educator Licensing and Standards Board, must appoint the​ 14.17 following members to the task force by August 1, 2024:​ 14.18 (1) the commissioner of education or the commissioner's designee;​ 14.19 (2) the executive director of the Professional Educator Licensing and Standards Board​ 14.20 or the executive director's designee;​ 14.21 (3) the executive director of the Minnesota Education Equity Partnership or the executive​ 14.22 director's designee;​ 14.23 (4) one member who represents teacher preparation programs that enroll candidates​ 14.24 seeking a field license in English as a second language;​ 14.25 (5) one member who represents school boards;​ 14.26 (6) one member who represents the superintendent;​ 14.27 (7) one member who is a teacher of English learners;​ 14.28 (8) one member who is a teacher in a state-approved alternative program;​ 14.29 (9) one member who is a director of an English learner program in a school district;​ 14.30 (10) one member who is a director of a state-approved alternative program;​ 14​ Article 1 Sec. 19.​ REVISOR CR H5237-4​ HF5237 FOURTH ENGROSSMENT​ 15.1 (11) one member who is a parent of a student identified as an English learner;​ 15.2 (12) one member who is a parent liaison to families of English learners in a school​ 15.3 district;​ 15.4 (13) one member who is a parent of a student enrolled in a state-approved alternative​ 15.5 program;​ 15.6 (14) one member from the Southeast Service Cooperative's Project Momentum; and​ 15.7 (15) one member from a community organization that works with families of English​ 15.8 learners.​ 15.9 Subd. 3. Duties. (a) The task force must:​ 15.10 (1) review best practices in English learner programming, including:​ 15.11 (i) an accountability framework that uses student performance on state assessments to​ 15.12 determine whether the program is improving academic outcomes for English learners;​ 15.13 (ii) staffing and managing an English learner program, including providing appropriate​ 15.14 professional development for teachers, administrators, and other staff;​ 15.15 (iii) evaluation of the efficacy of the English learner program; and​ 15.16 (iv) ensuring meaningful communication and engagement with limited English proficient​ 15.17 parents;​ 15.18 (2) review best practices in providing services to students who are eligible to participate​ 15.19 in the graduation incentives program under Minnesota Statutes, section 124D.68, including:​ 15.20 (i) an accountability framework that uses credit recovery rates and graduation rates to​ 15.21 determine whether the program is improving academic outcomes for participating students;​ 15.22 and​ 15.23 (ii) professional development for teachers and other staff;​ 15.24 (3) analyze how English learner revenue is used at the site level and administrative level​ 15.25 and whether expenditures align with the best practices identified under clause (1);​ 15.26 (4) identify obstacles to hiring and retaining necessary staff to support effective English​ 15.27 learner programs;​ 15.28 (5) analyze how microcredentials or other certifications can improve collaboration among​ 15.29 teachers working with English learners, and recommend a process for awarding the​ 15.30 microcredentials or other certifications; and​ 15​ Article 1 Sec. 19.​ REVISOR CR H5237-4​ HF5237 FOURTH ENGROSSMENT​ 16.1 (6) to the extent time is available, review best practices for dual enrollment programs​ 16.2 for students eligible for the graduation incentives program, including the provision of college​ 16.3 and career and readiness counselors and:​ 16.4 (i) an accountability framework based on the acceleration of dual credit accumulation​ 16.5 before a student graduates from high school;​ 16.6 (ii) professional development for counselors; and​ 16.7 (iii) evaluation of the efficacy of the dual enrollment program.​ 16.8 (b) The task force must review data regarding student access to teachers with a field​ 16.9 license in English as a second language.​ 16.10 (c) The task force must report its findings and recommendations on the current use of​ 16.11 English learner revenue at the site level and administrative level, implementation of​ 16.12 microcredentials or other certifications, and how English learner funding can be used more​ 16.13 effectively to help students become proficient in English and participate meaningfully and​ 16.14 equally in an education program. The task force must submit the report to the legislative​ 16.15 committees with jurisdiction over kindergarten through grade 12 education by February 15,​ 16.16 2025.​ 16.17 Subd. 4. Compensation. Minnesota Statutes, section 15.059, subdivision 3, governs​ 16.18 compensation of the members of the task force.​ 16.19 Subd. 5. Meetings and administrative support. (a) The commissioner of education or​ 16.20 the commissioner's designee must convene the first meeting of the task force no later than​ 16.21 August 15, 2024. The task force must establish a schedule for meetings and meet as necessary​ 16.22 to accomplish the duties under subdivision 3. Meetings are subject to Minnesota Statutes,​ 16.23 chapter 13D. The task force may meet by telephone or interactive technology consistent​ 16.24 with Minnesota Statutes, section 13D.015.​ 16.25 (b) The Department of Education must provide administrative support to assist the task​ 16.26 force in its work, including providing information and technical support, and must assist in​ 16.27 the creation of the report under subdivision 3.​ 16.28 Subd. 6. Expiration. The task force expires February 15, 2025, or upon submission of​ 16.29 the report required under subdivision 3, whichever is later.​ 16.30 EFFECTIVE DATE. This section is effective the day following final enactment.​ 16​ Article 1 Sec. 19.​ REVISOR CR H5237-4​ HF5237 FOURTH ENGROSSMENT​ 17.1 Sec. 20. STUDENT ATTENDANCE PILOT PROGRAM.​ 17.2 Subdivision 1. Pilot program established. A pilot program is established to support​ 17.3 districts developing and implementing innovative strategies to improve student attendance,​ 17.4 and help policymakers determine how to effectively support district efforts to improve​ 17.5 student attendance and engagement. The pilot program is effective for the 2024-2025,​ 17.6 2025-2026, and 2026-2027 school years.​ 17.7 Subd. 2. Participating districts. (a) The pilot program consists of the following school​ 17.8 districts:​ 17.9 (1) Special School District No. 1, Minneapolis;​ 17.10 (2) Independent School District No. 13, Columbia Heights;​ 17.11 (3) Independent School District No. 38, Red Lake;​ 17.12 (4) Independent School District No. 47, Sauk Rapids-Rice;​ 17.13 (5) Independent School District No. 77, Mankato;​ 17.14 (6) Independent School District No. 152, Moorhead;​ 17.15 (7) Independent School District No. 166, Cook County;​ 17.16 (8) Independent School District No. 177, Windom;​ 17.17 (9) Independent School District No. 191, Burnsville;​ 17.18 (10) Independent School District No. 535, Rochester;​ 17.19 (11) Independent School District No. 659, Northfield; and​ 17.20 (12) Independent School District No. 695, Chisholm.​ 17.21 (b) Special School District No. 1, Minneapolis, must serve as the lead district in the pilot​ 17.22 program. The duties of the lead district are:​ 17.23 (1) convening virtual quarterly meetings of the participating districts to share updates​ 17.24 on implementation to facilitate collaboration on promising practices;​ 17.25 (2) developing a template for each district to report its goals, strategies, policies, or​ 17.26 practices for counting and reporting attendance and absences, challenges, efforts to assess​ 17.27 effectiveness, data on student absenteeism, and lessons learned; and​ 17.28 (3) reporting progress and results of the pilot program in accordance with subdivision​ 17.29 4.​ 17​ Article 1 Sec. 20.​ REVISOR CR H5237-4​ HF5237 FOURTH ENGROSSMENT​ 18.1 (c) Independent School District No. 38, Red Lake, must partner with Charter School​ 18.2 District No. 4298, Endazhi-Nitaawiging, to implement strategies to reduce student​ 18.3 absenteeism at both the district and charter school.​ 18.4 (d) By July 1, 2024, each district must designate a primary staff person responsible for​ 18.5 implementing the pilot program. The participating districts must hold their first meeting by​ 18.6 August 1, 2024.​ 18.7 Subd. 3. Strategies. Participating districts must use pilot program aid to develop and​ 18.8 implement sustainable strategies to reduce student absenteeism. Allowable uses of pilot​ 18.9 program aid include but are not limited to:​ 18.10 (1) addressing risk factors for high absenteeism through supports and interventions;​ 18.11 (2) strategies that focus on the individual needs of each student;​ 18.12 (3) personalized outreach to students who have stopped attending school, including​ 18.13 home visits and connecting with students in community centers or other public areas;​ 18.14 (4) regular meetings with students to provide tutoring or other supports or to connect​ 18.15 students with resources that provide tutoring or other supports;​ 18.16 (5) activities that increase students' sense of belonging in the school community;​ 18.17 (6) data analysis to assess the effectiveness of district strategies; and​ 18.18 (7) technology that assists districts' efforts to communicate with students and families.​ 18.19 Subd. 4. Reporting. (a) The lead school district must submit reports to the chairs and​ 18.20 minority leaders of the legislative committees with jurisdiction over kindergarten through​ 18.21 grade 12 education by December 31, 2024; July 1, 2025; July 1, 2026; and September 1,​ 18.22 2027. Each report must include each participating district's individual reports.​ 18.23 (b) The first report must identify the goals and strategies each district plans to implement​ 18.24 during the pilot program, and how each district counts and reports latenesses and absences.​ 18.25 The other reports must identify each district's goals, strategies, challenges in meeting goals​ 18.26 or implementing planned strategies, promising practices and practices that were not effective,​ 18.27 and attendance data for the school year preceding the pilot program and the three school​ 18.28 years of the pilot program. The attendance data must include attendance data for students​ 18.29 that were absent up to ten percent of classes or school days, between ten and 29 percent of​ 18.30 classes or school days, between 30 and 49 percent of classes or school days, and 50 percent​ 18.31 or more of classes or school days; and for students who are homeless or highly mobile. The​ 18​ Article 1 Sec. 20.​ REVISOR CR H5237-4​ HF5237 FOURTH ENGROSSMENT​ 19.1 fourth report must also include recommendations for funding and statutory changes that​ 19.2 would facilitate district efforts to implement local solutions to improve attendance.​ 19.3 EFFECTIVE DATE. This section is effective the day following final enactment.​ 19.4 Sec. 21. STUDENT ATTENDANCE AND TRUANCY LEGISLATIVE STUDY​ 19.5 GROUP.​ 19.6 Subdivision 1. Establishment. A legislative study group is established to study issues​ 19.7 related to student attendance and truancy.​ 19.8 Subd. 2. Members. (a) The legislative study group on student attendance and truancy​ 19.9 consists of:​ 19.10 (1) four duly elected and currently serving members of the house of representatives, two​ 19.11 appointed by the speaker of the house and two appointed by the house minority leader; and​ 19.12 (2) four duly elected and currently serving senators, two appointed by the senate majority​ 19.13 leader and two appointed by the senate minority leader.​ 19.14 (b) The appointments must be made by June 15, 2024, and expire December 31, 2024.​ 19.15 (c) If a vacancy occurs, the leader of the caucus in the house of representatives or senate​ 19.16 to which the vacating study group member belonged must fill the vacancy.​ 19.17 Subd. 3. Duties. (a) The legislative study group must study and evaluate ways to increase​ 19.18 student attendance and reduce truancy. In preparing the recommendations, the group must​ 19.19 consider the following:​ 19.20 (1) current statutory requirements relating to student attendance and truancy;​ 19.21 (2) currently available attendance data and additional data that would help schools and​ 19.22 policy makers understand and reduce absenteeism;​ 19.23 (3) the effect of school programs and strategies to improve attendance;​ 19.24 (4) the role of school principals in addressing student absenteeism;​ 19.25 (5) the role of the Department of Education in addressing student absenteeism;​ 19.26 (6) the role of counties in addressing truancy; and​ 19.27 (7) how truant students are tracked across county lines.​ 19.28 (b) The study group must identify and include in its report any statutory changes needed​ 19.29 to implement the study group recommendations.​ 19​ Article 1 Sec. 21.​ REVISOR CR H5237-4​ HF5237 FOURTH ENGROSSMENT​ 20.1 Subd. 4. Meetings and chair. (a) The speaker of the house must designate a member​ 20.2 to convene the first meeting of the study group, which must be held no later than July 15,​ 20.3 2024. Members of the study group must elect a chair from among the members present at​ 20.4 the first meeting. The study group must meet periodically.​ 20.5 (b) Meetings of the study group are subject to Minnesota Statutes, section 3.055. The​ 20.6 meetings may be conducted by interactive television.​ 20.7 Subd. 5. Administrative support. The Department of Education must cooperate with​ 20.8 the legislative study group and provide information requested in a timely fashion. The​ 20.9 Legislative Coordinating Commission must provide meeting space, technical and​ 20.10 administrative support, and staff support for the study group. The study group may hold​ 20.11 meetings in any publicly accessible location in the Capitol complex that is equipped with​ 20.12 technology that can facilitate remote testimony.​ 20.13 Subd. 6. Consultation with stakeholders. In making recommendations, the study group​ 20.14 must consult with interested and affected stakeholders.​ 20.15 Subd. 7. Report. The study group must submit a preliminary report with its​ 20.16 recommendations to the legislative committees and divisions with jurisdiction over​ 20.17 kindergarten through grade 12 education by November 1, 2024, and a final report by​ 20.18 December 31, 2024.​ 20.19 Subd. 8. Expiration. The study group expires December 31, 2024, or on the date upon​ 20.20 which the final report required under subdivision 7 is submitted to the legislature, whichever​ 20.21 is later.​ 20.22 EFFECTIVE DATE. This section is effective the day following final enactment.​ 20.23 Sec. 22. APPROPRIATION.​ 20.24 Subdivision 1. Department of Education. The sums indicated in this section are​ 20.25 appropriated from the general fund to the Department of Education in the fiscal years​ 20.26 designated.​ 20.27 Subd. 2. Attendance pilot program. (a) For attendance pilot program aid:​ 2025​ .....​ 4,687,000​ 20.28 $​ 20.29 (b) Of the amount in paragraph (a), the department must provide aid to the participating​ 20.30 districts in the following amounts:​ 20.31 (1) $1,022,000 for Special School District No. 1, Minneapolis;​ 20​ Article 1 Sec. 22.​ REVISOR CR H5237-4​ HF5237 FOURTH ENGROSSMENT​ 21.1 (2) $253,000 for Independent School District No. 13, Columbia Heights;​ 21.2 (3) $196,000 for Independent School District No. 38, Red Lake;​ 21.3 (4) $281,000 for Independent School District No. 47, Sauk Rapids-Rice;​ 21.4 (5) $398,000 for Independent School District No. 77, Mankato;​ 21.5 (6) $374,000 for Independent School District No. 152, Moorhead;​ 21.6 (7) $164,000 for Independent School District No. 166, Cook County;​ 21.7 (8) $185,000 for Independent School District No. 177, Windom;​ 21.8 (9) $378,000 for Independent School District No. 191, Burnsville;​ 21.9 (10) $670,000 for Independent School District No. 535, Rochester;​ 21.10 (11) $266,000 for Independent School District No. 659, Northfield; and​ 21.11 (12) $170,000 for Independent School District No. 695, Chisholm.​ 21.12 (c) Up to $330,000 is available for the department to administer the pilot program and​ 21.13 to support attendance data analysis and use.​ 21.14 (d) Aid payments to school districts must be paid 100 percent in fiscal year 2025. Districts​ 21.15 may use the aid in the 2024-2025, 2025-2026, and 2026-2027 school years. If a school​ 21.16 district withdraws from the student attendance pilot program prior to the completion of the​ 21.17 pilot project, the commissioner must proportionately reduce the district's aid amount and​ 21.18 reduce the school district's other aid amounts by that same amount.​ 21.19 (e) This is a onetime appropriation and is available until June 30, 2026.​ 21.20 Subd. 3. Minnesota Alliance With Youth. (a) For a grant to the Minnesota Alliance​ 21.21 With Youth to improve student attendance and academic engagement provided through the​ 21.22 Promise Fellow program:​ 2025​ .....​ 625,000​ 21.23 $​ 21.24 (b) The Promise Fellow program must form partnerships with AmeriCorps members,​ 21.25 individual schools, school districts, charter schools, and community organizations to provide​ 21.26 attendance and academic engagement intervention services. Services may include family​ 21.27 and caregiver outreach and engagement, academic support, connection to out-of-school​ 21.28 activities and resources, and individual and small group mentoring designed to help students​ 21.29 return to and maintain consistent school attendance.​ 21​ Article 1 Sec. 22.​ REVISOR CR H5237-4​ HF5237 FOURTH ENGROSSMENT​ 22.1 (c) The Minnesota Alliance With Youth must promote Promise Fellow program​ 22.2 opportunities throughout the state.​ 22.3 (d) Notwithstanding Minnesota Statutes, section 16B.98, subdivision 14, up to three​ 22.4 percent of the appropriation is available for grant administration.​ 22.5 (e) This is a onetime appropriation and is available until June 30, 2026.​ 22.6 Subd. 4. Student attendance and truancy legislative study group. (a) For transfer to​ 22.7 the Legislative Coordinating Commission for the student attendance and truancy legislative​ 22.8 study group:​ 2025​ .....​ 64,000​ 22.9 $​ 22.10 (b) This is a onetime appropriation.​ 22.11 Subd. 5. English learner program task force. (a) For the English learner program task​ 22.12 force:​ 2025​ .....​ 117,000​ 22.13 $​ 22.14 (b) This is a onetime appropriation.​ 22.15 EFFECTIVE DATE. This section is effective July 1, 2024.​ 22.16 ARTICLE 2​ 22.17 EDUCATION EXCELLENCE​ 22.18 Section 1. Minnesota Statutes 2023 Supplement, section 120B.018, subdivision 6, is​ 22.19 amended to read:​ 22.20 Subd. 6. Required standard. "Required standard" means (1) a statewide adopted​ 22.21 expectation for student learning in the content areas of language arts, mathematics, science,​ 22.22 social studies, physical education, health, and the arts, and (2) a locally adopted expectation​ 22.23 for student learning in health. Locally developed academic standards in health apply until​ 22.24 statewide rules implementing statewide health standards under section 120B.021, subdivision​ 22.25 3, are required to be implemented in the classroom.​ 22.26 EFFECTIVE DATE. This section is effective July 1, 2024.​ 22.27 Sec. 2. Minnesota Statutes 2023 Supplement, section 120B.021, subdivision 1, is amended​ 22.28 to read:​ 22.29 Subdivision 1. Required academic standards. (a) The following subject areas are​ 22.30 required for statewide accountability:​ 22​ Article 2 Sec. 2.​ REVISOR CR H5237-4​ HF5237 FOURTH ENGROSSMENT​ 23.1 (1) language arts;​ 23.2 (2) mathematics, encompassing algebra II, integrated mathematics III, or an equivalent​ 23.3 in high school, and to be prepared for the three credits of mathematics in grades 9 through​ 23.4 12, the grade 8 standards include completion of algebra;​ 23.5 (3) science, including earth and space science, life science, and the physical sciences,​ 23.6 including chemistry and physics;​ 23.7 (4) social studies, including history, geography, economics, and government and​ 23.8 citizenship that includes civics;​ 23.9 (5) physical education;​ 23.10 (6) health, for which locally developed academic standards apply; and​ 23.11 (7) the arts. Public elementary and middle schools must offer at least three and require​ 23.12 at least two of the following five arts areas: dance; media arts; music; theater; and visual​ 23.13 arts. Public high schools must offer at least three and require at least one of the following​ 23.14 five arts areas: media arts; dance; music; theater; and visual arts.​ 23.15 (b) For purposes of applicable federal law, the academic standards for language arts,​ 23.16 mathematics, and science apply to all public school students, except the very few students​ 23.17 with extreme cognitive or physical impairments for whom an individualized education​ 23.18 program team has determined that the required academic standards are inappropriate. An​ 23.19 individualized education program team that makes this determination must establish​ 23.20 alternative standards.​ 23.21 (c) The department may modify SHAPE America (Society of Health and Physical​ 23.22 Educators) standards and adapt the national standards to accommodate state interest. The​ 23.23 modification and adaptations must maintain the purpose and integrity of the national​ 23.24 standards. The department must make available sample assessments, which school districts​ 23.25 may use as an alternative to local assessments, to assess students' mastery of the physical​ 23.26 education standards beginning in the 2018-2019 school year.​ 23.27 (d) A school district may include child sexual abuse prevention instruction in a health​ 23.28 curriculum, consistent with paragraph (a), clause (6). Child sexual abuse prevention​ 23.29 instruction may include age-appropriate instruction on recognizing sexual abuse and assault,​ 23.30 boundary violations, and ways offenders groom or desensitize victims, as well as strategies​ 23.31 to promote disclosure, reduce self-blame, and mobilize bystanders. A school district may​ 23.32 provide instruction under this paragraph in a variety of ways, including at an annual assembly​ 23​ Article 2 Sec. 2.​ REVISOR CR H5237-4​ HF5237 FOURTH ENGROSSMENT​ 24.1 or classroom presentation. A school district may also provide parents information on the​ 24.2 warning signs of child sexual abuse and available resources.​ 24.3 (e) District efforts to develop, implement, or improve instruction or curriculum as a​ 24.4 result of the provisions of this section must be consistent with sections 120B.10, 120B.11,​ 24.5 and 120B.20.​ 24.6 (f) Locally developed academic standards in health apply until statewide rules​ 24.7 implementing statewide health standards under subdivision 3 are required to be implemented​ 24.8 in the classroom.​ 24.9 Sec. 3. Minnesota Statutes 2023 Supplement, section 120B.021, subdivision 2, is amended​ 24.10 to read:​ 24.11 Subd. 2. Standards development. (a) The commissioner must consider advice from at​ 24.12 least the following stakeholders in developing statewide rigorous core academic standards​ 24.13 in language arts, mathematics, science, social studies, including history, geography,​ 24.14 economics, government and citizenship, health, and the arts:​ 24.15 (1) parents of school-age children and members of the public throughout the state;​ 24.16 (2) teachers throughout the state currently licensed and providing instruction in language​ 24.17 arts, mathematics, science, social studies, health, or the arts and licensed elementary and​ 24.18 secondary school principals throughout the state currently administering a school site;​ 24.19 (3) currently serving members of local school boards and charter school boards throughout​ 24.20 the state;​ 24.21 (4) faculty teaching core subjects at postsecondary institutions in Minnesota;​ 24.22 (5) representatives of the Minnesota business community; and​ 24.23 (6) representatives from the Tribal Nations Education Committee and Tribal Nations​ 24.24 and communities in Minnesota, including both Anishinaabe and Dakota.; and​ 24.25 (7) current students, with input from the Minnesota Youth Council.​ 24.26 (b) Academic standards must:​ 24.27 (1) be clear, concise, objective, measurable, and grade-level appropriate;​ 24.28 (2) not require a specific teaching methodology or curriculum; and​ 24.29 (3) be consistent with the Constitutions of the United States and the state of Minnesota.​ 24.30 EFFECTIVE DATE. This section is effective the day following final enactment.​ 24​ Article 2 Sec. 3.​ REVISOR CR H5237-4​ HF5237 FOURTH ENGROSSMENT​ 25.1 Sec. 4. Minnesota Statutes 2023 Supplement, section 120B.021, subdivision 3, is amended​ 25.2 to read:​ 25.3 Subd. 3. Rulemaking. (a) The commissioner, consistent with the requirements of this​ 25.4 section and section 120B.022, must adopt statewide rules under section 14.389 for​ 25.5 implementing statewide rigorous core academic standards in language arts, mathematics,​ 25.6 science, social studies, physical education, and the arts.​ 25.7 (b) The commissioner must adopt statewide rules for implementing statewide rigorous​ 25.8 core academic standards in health.​ 25.9 EFFECTIVE DATE. This section is effective the day following final enactment.​ 25.10 Sec. 5. Minnesota Statutes 2023 Supplement, section 120B.021, subdivision 4, is amended​ 25.11 to read:​ 25.12 Subd. 4. Revisions and reviews required. (a) The commissioner of education must​ 25.13 revise the state's academic standards and graduation requirements and implement a ten-year​ 25.14 cycle to review and, consistent with the review, revise state academic standards and related​ 25.15 benchmarks, consistent with this subdivision. During each ten-year review and revision​ 25.16 cycle, the commissioner also must examine the alignment of each required academic standard​ 25.17 and related benchmark with the knowledge and skills students need for career and college​ 25.18 readiness and advanced work in the particular subject area. The commissioner must include​ 25.19 the contributions of Minnesota American Indian Tribes and communities, including urban​ 25.20 Indigenous communities, as related to the academic standards during the review and revision​ 25.21 of the required academic standards. The commissioner must embed Indigenous education​ 25.22 for all students consistent with recommendations from Tribal Nations and urban Indigenous​ 25.23 communities in Minnesota regarding the contributions of American Indian Tribes and​ 25.24 communities in Minnesota into the state's academic standards during the review and revision​ 25.25 of the required academic standards. The recommendations to embed Indigenous education​ 25.26 for all students includes but is not limited to American Indian experiences in Minnesota,​ 25.27 including Tribal histories, Indigenous languages, sovereignty issues, cultures, treaty rights,​ 25.28 governments, socioeconomic experiences, contemporary issues, and current events.​ 25.29 (b) The commissioner must ensure that the statewide mathematics assessments​ 25.30 administered to students in grades 3 through 8 and 11 are aligned with the state academic​ 25.31 standards in mathematics, consistent with section 120B.302, subdivision 3, paragraph (a).​ 25.32 The commissioner must implement a review of the academic standards and related​ 25.33 benchmarks in mathematics beginning in the 2021-2022 school year and every ten years​ 25.34 thereafter.​ 25​ Article 2 Sec. 5.​ REVISOR CR H5237-4​ HF5237 FOURTH ENGROSSMENT​ 26.1 (c) The commissioner must implement a review of the academic standards and related​ 26.2 benchmarks in arts beginning in the 2017-2018 school year and every ten years thereafter.​ 26.3 (d) The commissioner must implement a review of the academic standards and related​ 26.4 benchmarks in science beginning in the 2018-2019 school year and every ten years thereafter.​ 26.5 (e) The commissioner must implement a review of the academic standards and related​ 26.6 benchmarks in language arts beginning in the 2019-2020 school year and every ten years​ 26.7 thereafter.​ 26.8 (f) The commissioner must implement a review of the academic standards and related​ 26.9 benchmarks in social studies beginning in the 2020-2021 school year and every ten years​ 26.10 thereafter.​ 26.11 (g) The commissioner must implement a review of the academic standards and related​ 26.12 benchmarks in physical education beginning in the 2026-2027 school year and every ten​ 26.13 years thereafter.​ 26.14 (h) The commissioner must implement a review of the academic standards and related​ 26.15 benchmarks in health education beginning in the 2034-2035 school year and every ten years​ 26.16 thereafter.​ 26.17 (h) (i) School districts and charter schools must revise and align local academic standards​ 26.18 and high school graduation requirements in health, world languages, and career and technical​ 26.19 education to require students to complete the revised standards beginning in a school year​ 26.20 determined by the school district or charter school. School districts and charter schools must​ 26.21 formally establish a periodic review cycle for the academic standards and related benchmarks​ 26.22 in health, world languages, and career and technical education.​ 26.23 (i) (j) The commissioner of education must embed technology and information literacy​ 26.24 standards consistent with recommendations from school media specialists into the state's​ 26.25 academic standards and graduation requirements.​ 26.26 (j) (k) The commissioner of education must embed ethnic studies as related to the​ 26.27 academic standards during the review and revision of the required academic standards.​ 26.28 EFFECTIVE DATE. This section is effective July 1, 2024.​ 26.29 Sec. 6. Minnesota Statutes 2023 Supplement, section 120B.024, subdivision 1, is amended​ 26.30 to read:​ 26.31 Subdivision 1. Graduation requirements. (a) Students must successfully complete the​ 26.32 following high school level credits for graduation:​ 26​ Article 2 Sec. 6.​ REVISOR CR H5237-4​ HF5237 FOURTH ENGROSSMENT​ 27.1 (1) four credits of language arts sufficient to satisfy all of the academic standards in​ 27.2 English language arts;​ 27.3 (2) three credits of mathematics sufficient to satisfy all of the academic standards in​ 27.4 mathematics;​ 27.5 (3) three credits of science, including one credit to satisfy all the earth and space science​ 27.6 standards for grades 9 through 12, one credit to satisfy all the life science standards for​ 27.7 grades 9 through 12, and one credit to satisfy all the chemistry or physics standards for​ 27.8 grades 9 through 12;​ 27.9 (4) three and one-half credits of social studies, including credit for a course in government​ 27.10 and citizenship in either grade 11 or 12 for students beginning grade 9 in the 2024-2025​ 27.11 school year and later or an advanced placement, international baccalaureate, or other rigorous​ 27.12 course on government and citizenship under section 120B.021, subdivision 1a, and a​ 27.13 combination of other credits encompassing at least United States history, geography,​ 27.14 government and citizenship, world history, and economics sufficient to satisfy all of the​ 27.15 academic standards in social studies;​ 27.16 (5) one credit of the arts sufficient to satisfy all of the academic standards in the arts;​ 27.17 (6) credits sufficient to satisfy the state standards in physical education; and​ 27.18 (7) credits sufficient to satisfy the state standards in health upon adoption of statewide​ 27.19 rules for implementing health standards under section 120B.021; and​ 27.20 (7) (8) a minimum of seven elective credits.​ 27.21 (b) Students who begin grade 9 in the 2024-2025 school year and later must successfully​ 27.22 complete a course for credit in personal finance in grade 10, 11, or 12. A teacher of a personal​ 27.23 finance course that satisfies the graduation requirement must have a field license or​ 27.24 out-of-field permission in agricultural education, business, family and consumer science,​ 27.25 social studies, or math.​ 27.26 EFFECTIVE DATE. This section is effective July 1, 2024.​ 27.27 Sec. 7. Minnesota Statutes 2022, section 121A.035, is amended to read:​ 27.28 121A.035 CRISIS MANAGEMENT POLICY.​ 27.29 Subdivision 1. Model policy. The commissioner shall maintain and make available to​ 27.30 school boards and charter schools a model crisis management policy that includes, among​ 27.31 other items, cardiac emergency response plans, school lock-down and tornado drills,​ 27.32 consistent with subdivision 2, and school fire drills under section 299F.30.​ 27​ Article 2 Sec. 7.​ REVISOR CR H5237-4​ HF5237 FOURTH ENGROSSMENT​ 28.1 Subd. 2. School district and charter school policy. (a) A school board and a charter​ 28.2 school must adopt a crisis management policy to address potential violent crisis situations​ 28.3 in the district or charter school. The policy must be developed cooperatively with​ 28.4 administrators, teachers, employees, students, parents, community members, law enforcement​ 28.5 agencies, other emergency management officials, county attorney offices, social service​ 28.6 agencies, emergency medical responders, and any other appropriate individuals or​ 28.7 organizations. The policy must include at least five school lock-down drills, five school fire​ 28.8 drills consistent with section 299F.30, and one tornado drill.​ 28.9 (b) A school board or a charter school may adopt the model cardiac emergency response​ 28.10 plan provided by the commissioner under subdivision 1.​ 28.11 EFFECTIVE DATE. This section is effective January 1, 2025.​ 28.12 Sec. 8. Minnesota Statutes 2022, section 124D.093, subdivision 4, is amended to read:​ 28.13 Subd. 4. Approval process. (a) The commissioner of education must appoint an advisory​ 28.14 committee to review the applications and to recommend approval for those applications​ 28.15 that meet the requirements of this section. The commissioner of education has final authority​ 28.16 over application approvals.​ 28.17 (b) To the extent practicable, the commissioner must ensure an equitable geographic​ 28.18 distribution of approved P-TECH schools.​ 28.19 (c) The commissioner must first begin approving applications for a P-TECH school​ 28.20 enrolling students in the 2020-2021 school year or later.​ 28.21 Sec. 9. Minnesota Statutes 2022, section 124D.093, subdivision 5, is amended to read:​ 28.22 Subd. 5. P-TECH implementation grants: support; start-up; and mentoring​ 28.23 grants. (a) When an appropriation is available, each P-TECH school is eligible for a grant​ 28.24 to support start-up and ongoing program costs, which may include, but are not limited to,​ 28.25 recruitment, student support, program materials, and P-TECH school liaisons. A P-TECH​ 28.26 school may form a partnership with a school in another school district.​ 28.27 (b) For fiscal year 2026 and later, the maximum P-TECH support grant must not exceed​ 28.28 $500,000 per year.​ 28.29 (c) An approved P-TECH school is eligible to receive a grant to support start-up costs​ 28.30 the year before first enrolling P-TECH students. A start-up grant may be awarded to a new​ 28.31 applicant in an amount not to exceed $50,000.​ 28​ Article 2 Sec. 9.​ REVISOR CR H5237-4​ HF5237 FOURTH ENGROSSMENT​ 29.1 (d) A grant recipient operating a P-TECH program may provide mentoring and technical​ 29.2 assistance to a school eligible for a start-up grant. A mentoring and technical assistance​ 29.3 grant may not exceed $50,000.​ 29.4 (e) For each year that an appropriation is made for the purposes of this section, the​ 29.5 department may retain five percent of the appropriation for grant administration and program​ 29.6 oversight.​ 29.7 Sec. 10. Minnesota Statutes 2022, section 124D.957, subdivision 1, is amended to read:​ 29.8 Subdivision 1. Establishment and membership. The Minnesota Youth Council​ 29.9 Committee is established within and under the auspices of the Minnesota Alliance With​ 29.10 Youth. The committee consists of four members from each congressional district in​ 29.11 Minnesota and four members selected at-large. Members must be selected through an​ 29.12 application and interview process conducted by the Minnesota Alliance With Youth. In​ 29.13 making its appointments, the Minnesota Alliance With Youth should strive to ensure gender​ 29.14 and ethnic diversity in the committee's membership. Members must be between the ages of​ 29.15 13 and 19 in grades 8 through 12 and serve two-year terms, except that one-half of the initial​ 29.16 members must serve a one-year term. Members may serve a maximum of two terms.​ 29.17 EFFECTIVE DATE. This section is effective for appointments made on or after July​ 29.18 1, 2024.​ 29.19 Sec. 11. Laws 2023, chapter 55, article 1, section 36, subdivision 13, is amended to read:​ 29.20 Subd. 13. Emergency medical training. (a) For grants to offer high school students​ 29.21 courses in emergency medical services:​ 2024​ .....​ 500,000​ 29.22 $​ 2025​ .....​ 29.23 500,000​ 750,000​ 29.24 $​ 29.25 (b) A school district, charter school, or cooperative unit under Minnesota Statutes, section​ 29.26 123A.24, subdivision 2, may apply for a grant under this section to offer enrolled students​ 29.27 emergency medical services courses approved by the Minnesota Emergency Medical Services​ 29.28 Regulatory Board to prepare students to take the emergency medical technician certification​ 29.29 test, including an emergency medical services course that is a prerequisite to an emergency​ 29.30 medical technician course.​ 29.31 (c) A grant recipient may use grant funds to partner with a district, charter school,​ 29.32 cooperative unit, postsecondary institution, political subdivision, or entity with expertise in​ 29​ Article 2 Sec. 11.​ REVISOR CR H5237-4​ HF5237 FOURTH ENGROSSMENT​ 30.1 emergency medical services, including health systems, hospitals, ambulance services, and​ 30.2 health care providers to offer an emergency medical services course.​ 30.3 (d) Eligible uses of grant funds include teacher salaries, transportation, equipment costs,​ 30.4 emergency medical technician certification test fees, and student background checks.​ 30.5 (e) To the extent practicable, the commissioner must award at least half of the grant​ 30.6 funds to applicants outside of the seven-county metropolitan area, and at least 30 percent​ 30.7 of the grant funds to applicants with high concentrations of students of color.​ 30.8 (f) Any balance in the first year does not cancel but is available in the second year.​ 30.9 (g) Up to $50,000 each year is available for grant administration.​ 30.10 (h) Of the amount in fiscal year 2025 only, $250,000 is for a grant to Independent School​ 30.11 District No. 742, St. Cloud, for an emergency medical services education facility suitable​ 30.12 for coursework in emergency medical services. For the project under this paragraph, eligible​ 30.13 uses of grant funds include any design and construction costs and remodeling costs necessary​ 30.14 to prepare the education facility in addition to the eligible uses under paragraph (d).​ 30.15 Notwithstanding Minnesota Statutes, section 16B.98, subdivision 14, in addition to the​ 30.16 amount under paragraph (g), up to three percent of the amount in this paragraph is available​ 30.17 for grant administration.​ 30.18 (i) The base for fiscal year 2026 and later is $500,000.​ 30.19 EFFECTIVE DATE. This section is effective the day following final enactment.​ 30.20 Sec. 12. Laws 2023, chapter 55, article 2, section 61, subdivision 4, is amended to read:​ 30.21 Subd. 4. Computer science educator training and capacity building. (a) The​ 30.22 Department of Education shall develop and implement, or award grants or subcontract with​ 30.23 eligible entities, for the development and implementation of high-quality, coordinated​ 30.24 teacher recruitment and educator training programs for computer science courses and content​ 30.25 as defined in subdivision 1 and or aligned to the state strategic plan as developed under​ 30.26 subdivision 3.​ 30.27 (b) For the purposes of this subdivision, eligible entities include:​ 30.28 (1) local educational agencies or a consortium of local educational agencies in the state;​ 30.29 and or​ 30.30 (2) high-quality computer science professional learning providers, including institutions​ 30.31 of higher education in the state that are reasonably accessible geographically to all Minnesota​ 30​ Article 2 Sec. 12.​ REVISOR CR H5237-4​ HF5237 FOURTH ENGROSSMENT​ 31.1 educators, nonprofits, other state-funded entities, or private entities working in partnership​ 31.2 with a consortium of local educational agencies.​ 31.3 (c) For purposes of this subdivision, eligible uses of funding include:​ 31.4 (1) high-quality professional learning opportunities for kindergarten through grade 12​ 31.5 computer science content that:​ 31.6 (i) are created and delivered in a consistent manner across the state;​ 31.7 (ii) are made available with no out-of-pocket expenses to educators, including teachers,​ 31.8 counselors, administrators, and other district employees as approved by the Department of​ 31.9 Education, schools, and school districts;​ 31.10 (iii) are made available asynchronously online, in person, and online or hybrid as​ 31.11 determined appropriate by the Department of Education; and​ 31.12 (iv) include introductory, intermediate, and advanced trainings aligned to the kindergarten​ 31.13 through grade 12 academic standards or, as necessary, other standards approved by the​ 31.14 Department of Education, specified for each of the grade bands kindergarten through grade​ 31.15 2, grades 3 to 5, grades 6 to 8, and grades 9 to 12;​ 31.16 (2) professional learning opportunities for educators of students in grades 9 to 12 that​ 31.17 may include trainings for advanced placement, international baccalaureate, and concurrent​ 31.18 enrollment credit computer science courses;​ 31.19 (3) travel expenses for kindergarten through grade 12 computer science teachers:​ 31.20 (i) for attending training opportunities under clauses (1) and (2); and​ 31.21 (ii) deemed appropriate and approved by the commissioner of education, or the​ 31.22 commissioner of education's designee;​ 31.23 (4) any future credentialing for kindergarten through grade 12 computer science teachers,​ 31.24 including Career and Technical Education and academic endorsements;​ 31.25 (5) supports for kindergarten through grade 12 computer science professional learning,​ 31.26 including mentoring and coaching;​ 31.27 (6) creation and deployment of resources to promote training opportunities and​ 31.28 recruitment of kindergarten through grade 12 computer science teachers;​ 31.29 (7) creation or purchase of resources to support implementation approved by the​ 31.30 commissioner of education, or the commissioner of education's designee;​ 31​ Article 2 Sec. 12.​ REVISOR CR H5237-4​ HF5237 FOURTH ENGROSSMENT​ 32.1 (8) creation and deployment of resources to promote learning opportunities or recruit​ 32.2 students to engage in the learning opportunities;​ 32.3 (9) development of teacher credentialing programs;​ 32.4 (10) planning for districts to implement or expand computer science education​ 32.5 opportunities; and or​ 32.6 (11) employment, or grant for employment, of personnel or contractors to oversee the​ 32.7 statewide initiative, develop programs and trainings, and deliver training opportunities under​ 32.8 clause (1).​ 32.9 (d) As a condition of receiving any funding through grants or subcontracts, eligible​ 32.10 entities must submit an application to the Department of Education. The application must,​ 32.11 at a minimum, address how the entity will:​ 32.12 (1) reach new and existing teachers with little to no computer science background;​ 32.13 (2) attract and support educators from schools that currently do not have established​ 32.14 computer science education programs;​ 32.15 (3) use research- or evidence-based practices for high-quality professional development;​ 32.16 (4) focus the professional learning on the conceptual foundations of computer science;​ 32.17 (5) reach and support subgroups underrepresented in computer science;​ 32.18 (6) provide teachers with concrete experience through hands-on, inquiry-based practices;​ 32.19 (7) accommodate the particular teacher and student needs in each district and school;​ 32.20 and​ 32.21 (8) ensure that participating districts begin offering computer science courses or computer​ 32.22 science content as part of another course within the same or subsequent school year after​ 32.23 the teacher receives the professional learning.​ 32.24 (e) The Department of Education shall prioritize the following applications:​ 32.25 (1) local educational agencies or consortiums of local educational agencies that are​ 32.26 working in partnership with providers of high-quality professional learning for kindergarten​ 32.27 through grade 12 computer science;​ 32.28 (2) proposals that describe strategies to increase computer science participation or​ 32.29 enrollment overall, including but not limited to subgroups of students that are traditionally​ 32.30 underrepresented in computer science; and​ 32​ Article 2 Sec. 12.​ REVISOR CR H5237-4​ HF5237 FOURTH ENGROSSMENT​ 33.1 (3) proposals from rural or urban areas with a low penetration of kindergarten through​ 33.2 grade 12 computer science offerings, including local education consortiums within these​ 33.3 areas.​ 33.4 (f) The award recipient shall report, for all funding received under this section annually,​ 33.5 at a minimum:​ 33.6 (1) the number of teachers:​ 33.7 (i) trained within each elementary, middle, and high school; and​ 33.8 (ii) trained within trainings offered as outlined in paragraph (c), clause (1), item (iv);​ 33.9 (2) the number of trainings offered in advanced placement, international baccalaureate,​ 33.10 and concurrent enrollment credit computer science courses; and​ 33.11 (3) the number of teachers, and percentage of teachers trained, that started implementing​ 33.12 computer science courses limited to middle and high school implementation.​ 33.13 (g) The Department of Education shall make these reports public. The publicly released​ 33.14 data shall not include student-level personally identifiable information.​ 33.15 Sec. 13. Laws 2023, chapter 55, article 2, section 64, subdivision 2, as amended by Laws​ 33.16 2024, chapter 81, section 8, is amended to read:​ 33.17 Subd. 2. Achievement and integration aid. (a) For achievement and integration aid​ 33.18 under Minnesota Statutes, section 124D.862:​ 2024​ .....​ 82,818,000​ 33.19 $​ 2025​ .....​ 33.20 84,739,000​ 85,043,000​ 33.21 $​ 33.22 (b) The 2024 appropriation includes $8,172,000 for 2023 and $74,646,000 for 2024.​ 33.23 (c) The 2025 appropriation includes $8,294,000 for 2024 and $76,445,000 $76,749,000​ 33.24 for 2025.​ 33.25 Sec. 14. Laws 2023, chapter 55, article 2, section 64, subdivision 9, is amended to read:​ 33.26 Subd. 9. Computer science education advancement. (a) For computer science​ 33.27 advancement:​ 2024​ .....​ 500,000​ 33.28 $​ 2025​ .....​ 500,000​ 33.29 $​ 33.30 (b) Of this amount, $150,000 is for the computer science supervisor.​ 33​ Article 2 Sec. 14.​ REVISOR CR H5237-4​ HF5237 FOURTH ENGROSSMENT​ 34.1 (c) For fiscal year 2025 only, $50,000 must be transferred to the Professional Educator​ 34.2 Licensing and Standards Board for computer science teacher licensure activities.​ 34.3 (c) (d) Eligible uses of the appropriation include expenses related to the implementation​ 34.4 of article 2, section 61, and or expenses related to the development, advancement, and​ 34.5 promotion of kindergarten through grade 12 computer science education.​ 34.6 (d) (e) Any balance in the first year does not cancel and is available in the second year.​ 34.7 Sec. 15. Laws 2023, chapter 55, article 2, section 64, subdivision 14, is amended to read:​ 34.8 Subd. 14. Ethnic studies school grants. (a) For competitive grants to school districts​ 34.9 and charter schools to develop, evaluate, and implement ethnic studies courses:​ 2024​ .....​ 700,000​ 34.10 $​ 2025​ .....​ 700,000​ 34.11 $​ 34.12 (b) The commissioner must consult with the Ethnic Studies Working Group to develop​ 34.13 criteria for the grants.​ 34.14 (c) Up to five percent of the appropriation is available for grant administration.​ 34.15 (d) Any balance in the first year does not cancel but is available in the second year.​ 34.16 EFFECTIVE DATE. This section is effective the day following final enactment.​ 34.17 Sec. 16. Laws 2023, chapter 55, article 2, section 64, subdivision 16, is amended to read:​ 34.18 Subd. 16. Full-service community schools. (a) For grants to plan or expand the​ 34.19 full-service community schools program under Minnesota Statutes, section 124D.231:​ 2024​ .....​ 7,500,000​ 34.20 $​ 2025​ .....​ 7,500,000​ 34.21 $​ 34.22 (b) Of this amount, priority must be given to programs in the following order:​ 34.23 (1) current grant recipients issued under Minnesota Statutes, section 124D.231;​ 34.24 (2) schools identified as low-performing under the federal Every Student Succeeds Act;​ 34.25 and​ 34.26 (3) any other applicants.​ 34.27 (c) Up to two percent of the appropriation is available for grant administration.​ 34.28 (d) The base for fiscal year 2026 and later is $5,000,000.​ 34.29 (e) Any balance in the first year does not cancel but is available in the second year.​ 34​ Article 2 Sec. 16.​ REVISOR CR H5237-4​ HF5237 FOURTH ENGROSSMENT​ 35.1 EFFECTIVE DATE. This section is effective the day following final enactment.​ 35.2 Sec. 17. Laws 2023, chapter 55, article 2, section 64, subdivision 26, is amended to read:​ 35.3 Subd. 26. Minnesota Council on Economic Education. (a) For a grant to the Minnesota​ 35.4 Council on Economic Education:​ 2024​ .....​ 200,000​ 35.5 $​ 2025​ .....​ 200,000​ 35.6 $​ 35.7 (b) The grant must be used to:​ 35.8 (1) provide professional development to kindergarten through grade 12 teachers​ 35.9 implementing state graduation standards in learning areas related to economic education;​ 35.10 and​ 35.11 (2) support the direct-to-student ancillary economic and personal finance programs that​ 35.12 teachers supervise and coach.​ 35.13 (c) By February 15 of each year following the receipt of a grant, the Minnesota Council​ 35.14 on Economic Education must report to the commissioner of education the number and type​ 35.15 of in-person and online teacher professional development opportunities provided by the​ 35.16 Minnesota Council on Economic Education or its affiliated state centers. The report must​ 35.17 include a description of the content, length, and location of the programs; the number of​ 35.18 preservice and licensed teachers receiving professional development through each of these​ 35.19 opportunities; and summaries of evaluations of teacher professional opportunities.​ 35.20 (d) The Department of Education must pay the full amount of the grant to the Minnesota​ 35.21 Council on Economic Education by August 15 of each fiscal year for which the grant is​ 35.22 appropriated. The Minnesota Council on Economic Education must submit its fiscal reporting​ 35.23 in the form and manner specified by the commissioner. The commissioner may request​ 35.24 additional information as necessary.​ 35.25 (e) Any balance in the first year does not cancel but is available in the second year.​ 35.26 (f) The base for fiscal year 2026 and later is $0.​ 35.27 Sec. 18. Laws 2023, chapter 55, article 2, section 64, subdivision 31, is amended to read:​ 35.28 Subd. 31. Nonexclusionary discipline. (a) For grants to school districts and charter​ 35.29 schools to provide training for school staff on nonexclusionary disciplinary practices:​ 2024​ .....​ 1,750,000​ 35.30 $​ 2025​ .....​ 1,750,000​ 35.31 $​ 35​ Article 2 Sec. 18.​ REVISOR CR H5237-4​ HF5237 FOURTH ENGROSSMENT​ 36.1 (b) Grants are to develop training and to work with schools to train staff on​ 36.2 nonexclusionary disciplinary practices that maintain the respect, trust, and attention of​ 36.3 students and help keep students in classrooms. These funds may also be used for grant​ 36.4 administration.​ 36.5 (c) Eligible grantees include school districts, charter schools, intermediate school districts,​ 36.6 and cooperative units as defined in section 123A.24, subdivision 2.​ 36.7 (d) Up to five percent of the appropriation is available for grant administration.​ 36.8 (e) Any balance in the first year does not cancel but is available in the second year.​ 36.9 EFFECTIVE DATE. This section is effective the day following final enactment.​ 36.10 Sec. 19. Laws 2023, chapter 55, article 2, section 64, subdivision 33, is amended to read:​ 36.11 Subd. 33. P-TECH schools. (a) For P-TECH support grants under Minnesota Statutes,​ 36.12 section 124D.093, subdivision 5:​ 2024​ .....​ 791,000​ 36.13 $​ 2025​ .....​ 791,000 0​ 36.14 $​ 36.15 (b) The amounts in this subdivision are for grants, including to a public-private​ 36.16 partnership that includes Independent School District No. 535, Rochester.​ 36.17 (c) Any balance in the first year does not cancel but is available in the second year This​ 36.18 appropriation is available until June 30, 2025. The base for fiscal year 2026 and later is $0.​ 36.19 (d) Up to five percent of the fiscal year 2024 appropriation is available for grant​ 36.20 administration.​ 36.21 EFFECTIVE DATE. This section is effective the day following final enactment.​ 36.22 Sec. 20. ALTERNATIVE TO PUBLISHING.​ 36.23 (a) Notwithstanding any law to the contrary, when a qualified newspaper designated by​ 36.24 a school district ceases to exist for any reason except consolidation with another newspaper,​ 36.25 the school district may publish its proceedings on the school district's website instead of​ 36.26 publishing the proceedings in a newspaper. The school district must also request that the​ 36.27 same information be posted at each public library located within the school district for the​ 36.28 notice's publication period. This section expires August 1, 2026.​ 36.29 (b) If, before August 1, 2026, there is a newspaper located within a school district's​ 36.30 boundaries that is qualified to be designated as the school district's official newspaper​ 36​ Article 2 Sec. 20.​ REVISOR CR H5237-4​ HF5237 FOURTH ENGROSSMENT​ 37.1 pursuant to Minnesota Statutes, section 331A.04, then the exemption provided in this section​ 37.2 shall not apply, provided that the qualified newspaper's legal rate is not more than ten percent​ 37.3 above the rate charged by the school district's previous official newspaper and the qualified​ 37.4 newspaper provides some coverage of the activities of the school district that is publishing​ 37.5 the notice.​ 37.6 Sec. 21. HEALTH EDUCATION STANDARDS.​ 37.7 Subdivision 1. Statewide standards. The commissioner of education must begin the​ 37.8 rulemaking process to adopt statewide academic standards in health in accordance with​ 37.9 Minnesota Statutes, chapter 14 and section 120B.021. The commissioner must consult with​ 37.10 the commissioner of health and the commissioner of human services in developing the​ 37.11 proposed rules. The rules must include at least the expectations for student learning listed​ 37.12 in subdivision 2, and may include the expectations in subdivision 3, in addition to other​ 37.13 expectations for learning identified through the standards development process.​ 37.14 Subd. 2. Required health-related subject areas. The commissioner must include the​ 37.15 following expectations for learning in the statewide standards:​ 37.16 (1) cardiopulmonary resuscitation and automatic external defibrillator education that​ 37.17 allows districts to provide instruction to students in grades 7 through 12 in accordance with​ 37.18 Minnesota Statutes, section 120B.236;​ 37.19 (2) vaping awareness and prevention education that allows districts to provide instruction​ 37.20 to students in grades 6 through 8 in accordance with Minnesota Statutes, section 120B.238,​ 37.21 subdivision 3;​ 37.22 (3) cannabis use and substance use education that allows districts to provide instruction​ 37.23 to students in grades 6 through 12 in accordance with Minnesota Statutes, section 120B.215;​ 37.24 (4) sexually transmitted infections and diseases education that meets the requirements​ 37.25 of Minnesota Statutes, section 121A.23; and​ 37.26 (5) mental health education for students in grades 4 through 12.​ 37.27 Subd. 3. Other health-related subject areas. The commissioner may include the​ 37.28 following expectations for learning in the statewide standards:​ 37.29 (1) child sexual abuse prevention education in accordance with Minnesota Statutes,​ 37.30 sections 120B.021, subdivision 1, paragraph (d); and 120B.234;​ 37.31 (2) violence prevention education in accordance with Minnesota Statutes, section​ 37.32 120B.22;​ 37​ Article 2 Sec. 21.​ REVISOR CR H5237-4​ HF5237 FOURTH ENGROSSMENT​ 38.1 (3) character development education in accordance with Minnesota Statutes, section​ 38.2 120B.232;​ 38.3 (4) safe and supportive schools education in accordance with Minnesota Statutes, section​ 38.4 121A.031, subdivision 5; and​ 38.5 (5) other expectations for learning identified through the standards development process.​ 38.6 Sec. 22. APPROPRIATIONS.​ 38.7 Subdivision 1. Department of Education. The sums indicated in this section are​ 38.8 appropriated from the general fund to the Department of Education for the fiscal years​ 38.9 designated.​ 38.10 Subd. 2. Civic education grants. (a) For grants to the YMCA Youth in Government​ 38.11 program and the YMCA Center for Youth Voice program to support civic education programs​ 38.12 for youth age 18 and under by providing teacher professional development, educational​ 38.13 resources, and program support:​ 2025​ .....​ 150,000​ 38.14 $​ 38.15 (b) The Youth in Government and Center for Youth Voice programs must instruct​ 38.16 students in:​ 38.17 (1) the constitutional principles and the democratic foundation of our national, state,​ 38.18 and local institutions; and​ 38.19 (2) the political processes and structures of government, grounded in the understanding​ 38.20 of constitutional government and individual rights.​ 38.21 (c) Notwithstanding Minnesota Statutes, section 16B.98, subdivision 14, up to three​ 38.22 percent of the appropriation is available for grant administration.​ 38.23 (d) This is a onetime appropriation.​ 38.24 Subd. 3. Minnesota Youth Council. (a) For a grant to the Minnesota Alliance With​ 38.25 Youth for the activities of the Minnesota Youth Council:​ 2025​ .....​ 375,000​ 38.26 $​ 38.27 (b) Notwithstanding Minnesota Statutes, section 16B.98, subdivision 14, up to three​ 38.28 percent of the appropriation is available for grant administration.​ 38.29 (c) This is a onetime appropriation and is available until June 30, 2026.​ 38​ Article 2 Sec. 22.​ REVISOR CR H5237-4​ HF5237 FOURTH ENGROSSMENT​ 39.1 Subd. 4. Rulemaking. (a) For rulemaking and administrative costs related to health​ 39.2 education standards:​ 2025​ .....​ 627,000​ 39.3 $​ 39.4 (b) This is a onetime appropriation and is available until June 30, 2027.​ 39.5 Subd. 5. P-TECH schools. (a) For P-TECH implementation grants under Minnesota​ 39.6 Statutes, section 124D.093, subdivision 5:​ 2025​ .....​ 791,000​ 39.7 $​ 39.8 (b) The amount in paragraph (a) is for a grant to a public-private partnership that includes​ 39.9 Independent School District No. 535, Rochester.​ 39.10 (c) Notwithstanding Minnesota Statutes, section 16B.98, subdivision 14, the department​ 39.11 may retain money from this appropriation for administrative costs under Minnesota Statutes,​ 39.12 section 124D.093, subdivision 5.​ 39.13 (d) This appropriation is available until June 30, 2027.​ 39.14 (e) The department may award start-up and mentoring and technical assistance grants​ 39.15 beginning in fiscal year 2026. The base for fiscal year 2026 is $791,000, of which at least​ 39.16 $500,000 is for a support grant to a public-private partnership that includes Independent​ 39.17 School District No. 535, Rochester. The base for fiscal year 2027 and later is $791,000, of​ 39.18 which at least $250,000 is for a support grant to a public-private partnership that includes​ 39.19 Independent School District No. 535, Rochester.​ 39.20 ARTICLE 3​ 39.21 THE READ ACT​ 39.22 Section 1. Minnesota Statutes 2023 Supplement, section 120B.124, subdivision 1, is​ 39.23 amended to read:​ 39.24 Subdivision 1. Resources. (a) The Department of Education must partner with CAREI​ 39.25 for two years beginning July 1, 2023, until August 30, 2025, to support implementation of​ 39.26 the Read Act. The department and CAREI must jointly:​ 39.27 (1) identify at least five literacy curricula and supporting materials that are evidence-based​ 39.28 or focused on structured literacy by January 1, 2024, and post a list of the curricula on the​ 39.29 department website. The list must include curricula that use culturally and linguistically​ 39.30 responsive materials that reflect diverse populations and, to the extent practicable, curricula​ 39.31 that reflect the experiences of students from diverse backgrounds, including multilingual​ 39.32 learners, biliterate students, and students who are Black, Indigenous, and People of Color.​ 39​ Article 3 Section 1.​ REVISOR CR H5237-4​ HF5237 FOURTH ENGROSSMENT​ 40.1 A district that purchases an approved curriculum before the cultural responsiveness review​ 40.2 is completed is encouraged to work with the curriculum's publisher to obtain updated​ 40.3 materials that are culturally and linguistically responsive and reflect diverse populations.​ 40.4 A district is not required to use an approved curriculum, unless the curriculum was purchased​ 40.5 with state funds that require a curriculum to be selected from a list of approved curricula;​ 40.6 (2) identify at least three professional development programs that focus on the five pillars​ 40.7 of literacy and the components of structured literacy by August 15, 2023, subject to final​ 40.8 approval by the department. The department must post a list of the programs on the​ 40.9 department website. The programs may include a program offered by CAREI. The​ 40.10 requirements of section 16C.08 do not apply to the selection of a provider under this section;​ 40.11 (3) identify evidence-based literacy intervention materials for students in kindergarten​ 40.12 through grade 12;​ 40.13 (4) develop an evidence-based literacy lead training and coaching program that trains​ 40.14 and supports literacy specialists throughout Minnesota to support schools' efforts in screening,​ 40.15 measuring growth, monitoring progress, and implementing interventions in accordance with​ 40.16 subdivision 1. Literacy lead training must include instruction on how to train​ 40.17 paraprofessionals and volunteers that provide Tier 2 interventions on evidence-based literacy​ 40.18 intervention;​ 40.19 (5) identify measures of foundational literacy skills and mastery that a district must​ 40.20 report on a local literacy plan;​ 40.21 (6) provide guidance to districts about best practices in literacy instruction, and practices​ 40.22 that are not evidence-based;​ 40.23 (7) develop MTSS model plans that districts may adopt to support efforts to screen,​ 40.24 identify, intervene, and monitor the progress of students not reading at grade level; and​ 40.25 (8) ensure that teacher professional development options and MTSS framework trainings​ 40.26 are geographically equitable by supporting trainings through the regional service​ 40.27 cooperatives.;​ 40.28 (9) develop a coaching and mentorship program for certified trained facilitators based​ 40.29 on the previously approved trainings; and​ 40.30 (10) identify at least 15 evidence-based literacy intervention models by November 1,​ 40.31 2025, and post a list of the interventions on the department website. A district is not required​ 40.32 to use an approved intervention model.​ 40​ Article 3 Section 1.​ REVISOR CR H5237-4​ HF5237 FOURTH ENGROSSMENT​ 41.1 (b) The department must contract with a third party to develop culturally and linguistically​ 41.2 responsive supplemental materials and guidance for the approved literacy curricula to meet​ 41.3 the culturally and linguistically responsive standards under paragraph (a), clause (1).​ 41.4 EFFECTIVE DATE. This section is effective July 1, 2024.​ 41.5 Sec. 2. Minnesota Statutes 2023 Supplement, section 120B.124, is amended by adding a​ 41.6 subdivision to read:​ 41.7 Subd. 4. Volunteer and paraprofessional training. (a) The department and CAREI​ 41.8 must develop and provide training on evidence-based literacy interventions for the following​ 41.9 unlicensed persons that regularly provide Tier 2 interventions to students in Minnesota​ 41.10 districts:​ 41.11 (1) paraprofessionals and other unlicensed school staff; and​ 41.12 (2) volunteers, contractors, and other persons not employed by Minnesota districts.​ 41.13 (b) The regional literacy networks must develop and provide training on evidence-based​ 41.14 literacy interventions consistent with paragraph (a).​ 41.15 (c) CAREI and the regional literacy networks must collaborate to ensure that training​ 41.16 provided by CAREI and the regional literacy networks is consistent across providers. The​ 41.17 trainings must not exceed eight hours. The trainings must be based on approved training​ 41.18 developed for teachers, and must include a train the trainer component to enable literacy​ 41.19 leads to provide the training to paraprofessionals and volunteers. CAREI and the regional​ 41.20 literacy networks must provide the trainings at no cost to paraprofessionals and other​ 41.21 unlicensed school staff who regularly provide Tier 2 interventions to students in Minnesota​ 41.22 districts.​ 41.23 EFFECTIVE DATE. This section is effective July 1, 2024.​ 41.24 Sec. 3. Minnesota Statutes 2023 Supplement, section 124D.98, subdivision 5, is amended​ 41.25 to read:​ 41.26 Subd. 5. Literacy incentive aid uses. A school district must use its literacy incentive​ 41.27 aid to support implementation of evidence-based reading instruction. The following are​ 41.28 eligible uses of literacy incentive aid:​ 41.29 (1) training for kindergarten through grade 3 teachers, early childhood educators, special​ 41.30 education teachers, reading intervention teachers working with students in kindergarten​ 41​ Article 3 Sec. 3.​ REVISOR CR H5237-4​ HF5237 FOURTH ENGROSSMENT​ 42.1 through grade 12, curriculum directors, and instructional support staff that provide reading​ 42.2 instruction, on using evidence-based screening and progress monitoring tools;​ 42.3 (2) evidence-based training using a training program approved by the Department of​ 42.4 Education under the Read Act;​ 42.5 (3) employing or contracting with a literacy lead, as defined in section 120B.1118​ 42.6 120B.119;​ 42.7 (4) employing an intervention specialist;​ 42.8 (4) (5) approved screeners, materials, training, and ongoing coaching to ensure reading​ 42.9 interventions under section 125A.56, subdivision 1, are evidence-based; and​ 42.10 (5) (6) costs of substitute teachers to allow teachers to complete required training during​ 42.11 the teachers' contract day.; and​ 42.12 (7) stipends for teachers completing training required under section 120B.12.​ 42.13 EFFECTIVE DATE. This section is effective July 1, 2024.​ 42.14 Sec. 4. Laws 2023, chapter 55, article 3, section 11, subdivision 3, is amended to read:​ 42.15 Subd. 3. Read Act curriculum and intervention materials reimbursement literacy​ 42.16 aid. (a) To reimburse For state aid for school districts, charter schools, and cooperative​ 42.17 units for evidence-based literacy supports for children in prekindergarten through grade 12​ 42.18 based on structured literacy:​ 2024​ .....​ 35,000,000​ 42.19 $​ 42.20 (b) The commissioner must use this appropriation to reimburse school districts, charter​ 42.21 schools, and cooperatives for approved evidence-based structured literacy curriculum and​ 42.22 supporting materials, and intervention materials purchased after July 1, 2021. An applicant​ 42.23 must apply for the reimbursement in the form and manner determined by the commissioner.​ 42.24 (c) The commissioner must report to the legislative committees with jurisdiction over​ 42.25 kindergarten through grade 12 education the districts, charter schools, and cooperative units​ 42.26 that receive literacy grants and the amounts of each grant, by January 15, 2025, according​ 42.27 to Minnesota Statutes, section 3.195.​ 42.28 (b) The aid amount for each school district, charter school, and cooperative unit providing​ 42.29 direct instructional services equals the greater of $2,000 or $39.94 times the number of​ 42.30 students served by the school district, charter school, or cooperative as determined by the​ 42.31 fall 2023 enrollment count of students.​ 42​ Article 3 Sec. 4.​ REVISOR CR H5237-4​ HF5237 FOURTH ENGROSSMENT​ 43.1 (c) A school district, charter school, or cooperative unit must place any aid received​ 43.2 under this subdivision in a reserved account in the general fund. Aid in the reserved account​ 43.3 must be used to implement requirements under the Read Act or for literacy incentive aid​ 43.4 uses under Minnesota Statutes, section 124D.98, subdivision 5.​ 43.5 (d) A school district, charter school, or cooperative unit must purchase curriculum and​ 43.6 instructional materials that reflect diverse populations.​ 43.7 (e) (d) Of this amount, up to $250,000 is available for grant administration.​ 43.8 (f) (e) This is a onetime appropriation and is available until June 30, 2028 2025.​ 43.9 (f) This aid is 100 percent payable in fiscal year 2025.​ 43.10 EFFECTIVE DATE. This section is effective the day following final enactment.​ 43.11 Sec. 5. Laws 2023, chapter 55, article 3, section 11, subdivision 4, is amended to read:​ 43.12 Subd. 4. Read Act professional development. (a) For evidence-based training on​ 43.13 structured literacy for teachers working in school districts, charter schools, and cooperatives:​ 2024​ .....​ 34,950,000​ 43.14 $​ 2025​ .....​ 43.15 0​ 4,000,000​ 43.16 $​ 43.17 (b) Of the amount for fiscal year 2024 in paragraph (a), $18,000,000 is for the Department​ 43.18 of Education and the regional literacy networks and $16,700,000 is for statewide training.​ 43.19 The department must use the funding to develop a data collection system to collect and​ 43.20 analyze the submission of the local literacy plans and student-level universal screening data,​ 43.21 to establish the regional literacy networks as a partnership between the department and the​ 43.22 Minnesota service cooperatives, and to administer statewide training based in structured​ 43.23 literacy to be offered free to school districts and charter schools and facilitated by the regional​ 43.24 literacy networks and the department. The regional literacy networks must focus on​ 43.25 implementing comprehensive literacy reform efforts based on structured literacy. Each​ 43.26 regional literacy network must add a literacy lead position and establish a team of trained​ 43.27 literacy coaches to facilitate evidence-based structured literacy training opportunities and​ 43.28 ongoing supports to school districts and charter schools in each of their regions. The amount​ 43.29 in fiscal year 2025 is for statewide training. Funds appropriated under this subdivision may​ 43.30 also be used to provide training in structured literacy to fourth and fifth grade classroom​ 43.31 teachers and literacy professors from Minnesota institutions of higher education.​ 43.32 (c) Of the amount in paragraph (a), $250,000 in fiscal year 2024 only is for administration.​ 43​ Article 3 Sec. 5.​ REVISOR CR H5237-4​ HF5237 FOURTH ENGROSSMENT​ 44.1 (d) If funds remain unspent on July 1, 2026, the commissioner must expand eligibility​ 44.2 for approved training to include principals and other district, charter school, or cooperative​ 44.3 administrators.​ 44.4 (e) The commissioner must report to the legislative committees with jurisdiction over​ 44.5 kindergarten through grade 12 education the number of teachers from each district who​ 44.6 received approved structured literacy training using funds under this subdivision, and the​ 44.7 amounts awarded to districts, charter schools, or cooperatives.​ 44.8 (f) The regional literacy networks and staff at the Department of Education must provide​ 44.9 ongoing support to school districts, charter schools, and cooperatives implementing​ 44.10 evidence-based literacy instruction.​ 44.11 (g) This appropriation is available until June 30, 2028. The base for fiscal year 2026 and​ 44.12 later is $7,750,000, of which $6,500,000 is for the regional literacy networks and $1,250,000​ 44.13 is for statewide training.​ 44.14 EFFECTIVE DATE. This section is effective the day following final enactment.​ 44.15 Sec. 6. READ ACT DEAF, DEAFBLIND, AND HARD OF HEARING WORKING​ 44.16 GROUP.​ 44.17 Subdivision 1. Working group purpose. The Department of Education must establish​ 44.18 a working group to make recommendations on literacy training, screeners, and curriculum​ 44.19 for students who cannot fully access sound-based approaches such as phonics.​ 44.20 Subd. 2. Members. The Department of Education must appoint representatives from​ 44.21 the Center for Applied Research and Educational Improvement at the University of​ 44.22 Minnesota; the Minnesota Commission of the Deaf, Deafblind and Hard of Hearing; the​ 44.23 Minnesota State Academies; Metro Deaf School; intermediate school districts; regional​ 44.24 low-incidence facilitators; a Deaf and Hard of Hearing teacher licensure preparation program​ 44.25 in Minnesota approved by the Professional Educator Licensing and Standards Board; and​ 44.26 teachers of students who are deaf, deafblind, or hard of hearing.​ 44.27 Subd. 3. Report. The working group must review curriculum, screeners, and training​ 44.28 approved under the Read Act and make recommendations for adapting curriculum, screeners,​ 44.29 and training available to districts, charter schools, teachers, and administrators to meet the​ 44.30 needs of students and educators who cannot fully access sound-based approaches. The report​ 44.31 must address how approved curriculum, screeners, and training may be modified and identify​ 44.32 resources for alternatives to sound-based approaches. The working group must post its​ 44.33 report on the Department of Education website, and submit the report to the legislative​ 44​ Article 3 Sec. 6.​ REVISOR CR H5237-4​ HF5237 FOURTH ENGROSSMENT​ 45.1 committees with jurisdiction over kindergarten through grade 12 education no later than​ 45.2 January 15, 2025.​ 45.3 Subd. 4. Administrative provisions. (a) The commissioner, or the commissioner's​ 45.4 designee, must convene the initial meeting of the working group. At the first meeting, the​ 45.5 department must provide members of the working group information on structured literacy​ 45.6 and the curriculum, screeners, and training approved under the Read Act.​ 45.7 (b) Members of the working group are eligible for per diem compensation as provided​ 45.8 under Minnesota Statutes, section 15.059, subdivision 3. The working group expires January​ 45.9 16, 2025, or upon submission of the report to the legislature under subdivision 3, whichever​ 45.10 is earlier.​ 45.11 EFFECTIVE DATE. This section is effective the day following final enactment.​ 45.12 Sec. 7. TEACHER COMPENSATION FOR READ ACT TRAINING.​ 45.13 Subdivision 1. Funding uses. (a) For purposes of this section, "district" means a school​ 45.14 district, charter school, or cooperative unit providing direct instructional services.​ 45.15 (b) A district must use the funding appropriated under this section only to compensate​ 45.16 eligible teachers for completing approved training required under the Read Act.​ 45.17 Notwithstanding Minnesota Statutes, section 179A.20, subdivision 3, a district must enter​ 45.18 into a memorandum of understanding with the exclusive representative of teachers in the​ 45.19 district that provides how funding under this section may be used. Compensation of eligible​ 45.20 teachers may include but is not limited to:​ 45.21 (1) stipends;​ 45.22 (2) payments based on a teacher's regular hourly rate of pay and the number of hours​ 45.23 necessary to complete the approved training; and​ 45.24 (3) full or partial reimbursement for training in structured literacy that was paid for by​ 45.25 the teacher, and later approved under the Read Act.​ 45.26 (c) If a district's teachers are not represented by an exclusive representative, the district​ 45.27 may adopt a plan to compensate teachers for completing approved training required under​ 45.28 the Read Act in accordance with this section after consulting with its teachers.​ 45.29 Subd. 2. Reserve account. A district must reserve aid provided to compensate teachers​ 45.30 for Read Act training and use the aid only for the purposes of this section.​ 45.31 Subd. 3. Teacher eligibility. A teacher is eligible for compensation under this section​ 45.32 if the teacher:​ 45​ Article 3 Sec. 7.​ REVISOR CR H5237-4​ HF5237 FOURTH ENGROSSMENT​ 46.1 (1) is currently employed by a district, or is currently contracted between a charter school​ 46.2 and a teacher cooperative;​ 46.3 (2) is currently serving in a position that requires a license issued by the Professional​ 46.4 Educator Licensing and Standards Board; and​ 46.5 (3) is required to receive approved training under Minnesota Statutes, section 120B.123,​ 46.6 subdivision 5, and has registered for, started, or completed the approved training.​ 46.7 Subd. 4. Administrative process. (a) Within 30 days of entering into a memorandum​ 46.8 of understanding or adopting a plan under subdivision 1, a district must pay the required​ 46.9 compensation to an eligible teacher in accordance with the memorandum of understanding​ 46.10 or plan.​ 46.11 (b) The Minnesota School Boards Association and Education Minnesota are encouraged​ 46.12 to collaborate to develop one or more model memoranda of understanding and make the​ 46.13 memoranda available to districts by July 1, 2024.​ 46.14 (c) The Bureau of Mediation Services must make mediators available to aid districts​ 46.15 and exclusive representatives in reaching agreement on the memoranda of understanding​ 46.16 required under this section.​ 46.17 Subd. 5. Stipends not considered income for certain purposes. (a) Notwithstanding​ 46.18 any law to the contrary, payments under this section must not be considered income, assets,​ 46.19 or personal property for purposes of determining eligibility or recertifying eligibility for:​ 46.20 (1) child care assistance programs under Minnesota Statutes, chapter 119B, and early​ 46.21 learning scholarships under Minnesota Statutes, section 124D.165;​ 46.22 (2) general assistance, Minnesota supplemental aid, and food support under Minnesota​ 46.23 Statutes, chapter 256D;​ 46.24 (3) housing support under Minnesota Statutes, chapter 256I;​ 46.25 (4) the Minnesota family investment program and diversionary work program under​ 46.26 Minnesota Statutes, chapter 256J; and​ 46.27 (5) economic assistance programs under Minnesota Statutes, chapter 256P.​ 46.28 (b) The commissioner of human services must not consider a stipend under this section​ 46.29 as income or assets when determining medical assistance eligibility under Minnesota Statutes,​ 46.30 section 256B.055, subdivisions 7, 7a, and 12; or section 256B.057, subdivisions 3, 3a, 3b,​ 46.31 and 4. The commissioner of human services must not include the stipend received under​ 46​ Article 3 Sec. 7.​ REVISOR CR H5237-4​ HF5237 FOURTH ENGROSSMENT​ 47.1 this section when calculating an individual's premiums under Minnesota Statutes, section​ 47.2 256B.057, subdivision 9.​ 47.3 EFFECTIVE DATE. This section is effective the day following final enactment, except​ 47.4 for subdivision 5, paragraph (b), which is effective July 1, 2024, or upon federal approval,​ 47.5 whichever is later.​ 47.6 Sec. 8. APPROPRIATIONS; SUPPLEMENTAL READ ACT FUNDING.​ 47.7 Subdivision 1. Department of Education. The sums indicated in this section are​ 47.8 appropriated from the general fund to the Department of Education in the fiscal years​ 47.9 designated.​ 47.10 Subd. 2. Teacher compensation for Read Act training. (a) For payment of state aid​ 47.11 to school districts, charter schools, and cooperative units providing direct instructional​ 47.12 services:​ 2025​ .....​ 31,375,000​ 47.13 $​ 47.14 (b) The state aid for each school district, charter school, and cooperative unit providing​ 47.15 direct instruction equals the greater of $2,000 or $36.06 times the number of students served​ 47.16 by the school district, charter school, or cooperative unit as determined by the fall 2023​ 47.17 enrollment count of students. The Department of Education must send payments to school​ 47.18 districts, charter schools, and cooperative units providing direct instructional services by​ 47.19 October 15, 2024. This aid is 100 percent payable in fiscal year 2025.​ 47.20 (c) This is a onetime appropriation.​ 47.21 Subd. 3. Culturally responsive materials. (a) For the Department of Education to issue​ 47.22 a request for proposals for a contract to develop supplemental culturally responsive materials​ 47.23 for the approved evidence-based structured literacy curricula under Minnesota Statutes,​ 47.24 section 120B.124, subdivision 1, paragraph (a), clause (1):​ 2025​ .....​ 1,000,000​ 47.25 $​ 47.26 (b) The contractor must review all approved instructional and intervention materials to​ 47.27 ensure they are culturally responsive within 90 days of receiving the materials from the​ 47.28 Department of Education. The contractor must work with publishers to ensure materials are​ 47.29 culturally responsive and provide districts with supplementary materials and guidance as​ 47.30 needed.​ 47.31 (c) This is a onetime appropriation and is available until June 30, 2027.​ 47​ Article 3 Sec. 8.​ REVISOR CR H5237-4​ HF5237 FOURTH ENGROSSMENT​ 48.1 Subd. 4. Regional literacy network paraprofessional and volunteer training. (a) For​ 48.2 the regional literacy networks to develop training for paraprofessionals and volunteers that​ 48.3 regularly provide Tier 2 literacy interventions to students in accordance with Minnesota​ 48.4 Statutes, section 120B.124, subdivision 4:​ 2025​ .....​ 375,000​ 48.5 $​ 48.6 (b) This is a onetime appropriation and is available until June 30, 2027.​ 48.7 Subd. 5. CAREI paraprofessional and volunteer training. (a) For CAREI to develop​ 48.8 training for paraprofessionals and volunteers that regularly provide Tier 2 literacy​ 48.9 interventions to students in accordance with Minnesota Statutes, section 120B.124,​ 48.10 subdivision 4:​ 2025​ .....​ 375,000​ 48.11 $​ 48.12 (b) This is a onetime appropriation and is available until June 30, 2027.​ 48.13 Subd. 6. Read Act Deaf, Deafblind, and Hard of Hearing working group. (a) For​ 48.14 the Read Act Deaf, Deafblind, and Hard of hearing working group:​ 2025​ .....​ 100,000​ 48.15 $​ 48.16 (b) This is a onetime appropriation and is available until June 30, 2027.​ 48.17 ARTICLE 4​ 48.18 AMERICAN INDIAN EDUCATION​ 48.19 Section 1. Minnesota Statutes 2023 Supplement, section 120B.021, subdivision 5, is​ 48.20 amended to read:​ 48.21 Subd. 5. Indigenous education for all students. To support implementation of​ 48.22 Indigenous education for all students, the commissioner must:​ 48.23 (1) provide historically accurate, Tribally endorsed, culturally relevant, community-based,​ 48.24 contemporary, and developmentally appropriate resources. Resources to implement standards​ 48.25 must include professional development and must demonstrate an awareness and​ 48.26 understanding of the importance of accurate, high-quality materials about the histories,​ 48.27 languages, cultures, and governments of local Tribes;​ 48.28 (2) provide resources to support all students learning about the histories, languages,​ 48.29 cultures, governments, and experiences of their American Indian peers and neighbors.​ 48.30 Resources to implement standards across content areas must be developed to authentically​ 48.31 engage all students and support successful learning; and​ 48​ Article 4 Section 1.​ REVISOR CR H5237-4​ HF5237 FOURTH ENGROSSMENT​ 49.1 (3) conduct a needs assessment by December 31, 2023. The needs assessment must fully​ 49.2 inform the development of future resources for Indigenous education for all students by​ 49.3 using information from American Indian Tribes and communities in Minnesota, including​ 49.4 urban Indigenous communities, Minnesota's Tribal Nations Education Committee, schools​ 49.5 and districts, students, and educational organizations. The commissioner must submit a​ 49.6 report on the findings and recommendations from the needs assessment to the chairs and​ 49.7 ranking minority members of legislative committees with jurisdiction over education; to​ 49.8 the American Indian Tribes and communities in Minnesota, including urban Indigenous​ 49.9 communities; and to all schools and districts in the state by February 1, 2024. The​ 49.10 commissioner of education must consult with Tribal Nations located in Minnesota and​ 49.11 Minnesota's Tribal Nations Education Committee about the need for additional funding​ 49.12 necessary for each Tribal Nation located in Minnesota to continue developing resources for​ 49.13 Indigenous education for all students. By February 15, 2025, the commissioner must provide​ 49.14 links to the materials developed by the Tribal Nations on its website and submit a report to​ 49.15 the chairs and ranking minority members of the legislative committees with jurisdiction​ 49.16 over education highlighting the materials that have been developed and documenting the​ 49.17 need for additional resources. A consultation under this section does not replace or limit​ 49.18 any consultation required under section 10.65.​ 49.19 Sec. 2. Minnesota Statutes 2023 Supplement, section 124D.81, subdivision 2b, is amended​ 49.20 to read:​ 49.21 Subd. 2b. Carry forward of funds. Notwithstanding section 16A.28, if a school district​ 49.22 or Tribal contract school does not expend the full amount of the American Indian education​ 49.23 aid in accordance with the plan in the designated fiscal year, the school district or Tribal​ 49.24 contract school may carry forward and expend up to half of the remaining funds in the first​ 49.25 six months of the following fiscal year, and is not subject to an aid reduction if:​ 49.26 (1) the district is otherwise following the plan submitted and approved under subdivision​ 49.27 2;​ 49.28 (2) the American Indian Parent Advisory Committee for the school is aware of and has​ 49.29 approved the carry forward and has concurred with the district's educational offerings​ 49.30 extended to American Indian students under section 124D.78;​ 49.31 (3) the funds carried over are used in accordance with section 124D.74, subdivision 1;​ 49.32 and​ 49.33 (4) by April 1, the district reports to the Department of Education American Indian​ 49.34 education director the reason the aid was not expended in the designated fiscal year, and​ 49​ Article 4 Sec. 2.​ REVISOR CR H5237-4​ HF5237 FOURTH ENGROSSMENT​ 50.1 describes how the district intends to expend the funds in the following fiscal year. The​ 50.2 district must report this information in the form and manner determined by the commissioner.​ 50.3 EFFECTIVE DATE. This section is effective for revenue in fiscal year 2024 and later.​ 50.4 Sec. 3. APPROPRIATION.​ 50.5 Subdivision 1. Department of Education. The sum indicated in this section is​ 50.6 appropriated from the general fund to the Department of Education for the fiscal year​ 50.7 designated.​ 50.8 Subd. 2. Permanent school fund supplemental aid. (a) For permanent school fund​ 50.9 supplemental aid to American Indian schools as defined under Minnesota Statutes, section​ 50.10 124D.73:​ 2025​ .....​ 40,000​ 50.11 $​ 50.12 (b) For fiscal year 2025 only, the permanent school fund supplemental aid for an​ 50.13 American Indian school equals the product of:​ 50.14 (1) the amount appropriated under paragraph (a); and​ 50.15 (2) the ratio of (i) the fiscal year 2024 average daily membership served of the American​ 50.16 Indian school, to (ii) the total fiscal year 2024 average daily membership served of all​ 50.17 American Indian schools in the state.​ 50.18 (c) Aid under this subdivision must be paid 100 percent in the current year on a schedule​ 50.19 determined by the commissioner.​ 50.20 (d) This is a onetime appropriation.​ 50.21 ARTICLE 5​ 50.22 TEACHERS​ 50.23 Section 1. Minnesota Statutes 2023 Supplement, section 121A.642, is amended to read:​ 50.24 121A.642 PARAPROFESSIONAL TRAINING.​ 50.25 Subdivision 1. Training required. (a) For purposes of this section, "school" means a​ 50.26 school district or, charter school, intermediate school district, other cooperative unit, Perpich​ 50.27 Center for Arts Education, or the Minnesota State Academies.​ 50.28 (b) A school must provide a minimum of eight hours of paid orientation or professional​ 50.29 development annually to all paraprofessionals, Title I aides, and other instructional support​ 50.30 staff.​ 50​ Article 5 Section 1.​ REVISOR CR H5237-4​ HF5237 FOURTH ENGROSSMENT​ 51.1 (c) Six of the eight hours must be completed before the first instructional day of the​ 51.2 school year or within 30 days of hire.​ 51.3 (d) The orientation or professional development must be relevant to the employee's​ 51.4 occupation and may include collaboration time with classroom teachers and planning for​ 51.5 the school year.​ 51.6 (e) For paraprofessionals who provide direct support to students, at least 50 percent of​ 51.7 the professional development or orientation must be dedicated to meeting the requirements​ 51.8 of this section. Professional development for paraprofessionals may also address the​ 51.9 requirements of section 120B.363, subdivision 3.​ 51.10 (f) A school administrator must provide an annual certification of compliance with this​ 51.11 requirement to the commissioner.​ 51.12 (g) For the 2024-2025 school year only, a school may reduce the hours of training​ 51.13 required in paragraphs (b) to (e) to a minimum of six hours and must pay for paraprofessional​ 51.14 test materials and testing fees for any paraprofessional employed by the school district​ 51.15 during the 2023-2024 school year who has not yet successfully completed the​ 51.16 paraprofessional assessment or met the requirements of the paraprofessional competency​ 51.17 grid.​ 51.18 Subd. 2. Reimbursement for paraprofessional training. (a) Beginning in fiscal year​ 51.19 2025, the commissioner of education must reimburse school districts, charter schools,​ 51.20 intermediate school districts and other cooperative units, the Perpich Center for Arts​ 51.21 Education, and the Minnesota State Academies schools in the form and manner specified​ 51.22 by the commissioner for paraprofessional training costs.​ 51.23 (b) The paraprofessional reimbursement equals the prior year compensation expenses​ 51.24 associated with providing up to eight hours of paid orientation and professional development​ 51.25 for each paraprofessional trained under subdivision 1. For purposes of this paragraph,​ 51.26 "compensation expenses" means the sum of the following amounts attributable to the school's​ 51.27 paraprofessionals:​ 51.28 (1) regular hourly wages;​ 51.29 (2) Federal Insurance Contributions Act (FICA) taxes under United States Code, title​ 51.30 26, chapter 21; and​ 51.31 (3) the employer share of retirement contributions required under chapter 352, 353, 354,​ 51.32 or 354A.​ 51​ Article 5 Section 1.​ REVISOR CR H5237-4​ HF5237 FOURTH ENGROSSMENT​ 52.1 (c) The commissioner may establish procedures to ensure that any costs reimbursed​ 52.2 under this section are excluded from other school revenue calculations.​ 52.3 (d) For reimbursements paid in fiscal year 2026 only, the commissioner must reimburse​ 52.4 a school for six hours of paraprofessional training required under subdivision 1, paragraph​ 52.5 (b).​ 52.6 (e) In addition to the amounts under paragraph (d), for fiscal year 2026 only, the​ 52.7 commissioner must pay each school an additional amount equal to 33.33 percent of the​ 52.8 amount in paragraph (d). The school must use these funds either for paraprofessional test​ 52.9 preparation and exam fees under subdivision 1, paragraph (g), or additional training under​ 52.10 subdivision 1, paragraph (b).​ 52.11 EFFECTIVE DATE. This section is effective July 1, 2024.​ 52.12 Sec. 2. Minnesota Statutes 2023 Supplement, section 122A.415, subdivision 4, is amended​ 52.13 to read:​ 52.14 Subd. 4. Basic alternative teacher compensation aid. (a) The basic alternative teacher​ 52.15 compensation aid for a school with a plan approved under section 122A.414, subdivision​ 52.16 2b, equals 65 percent of the alternative teacher compensation revenue under subdivision 1.​ 52.17 The basic alternative teacher compensation aid for a charter school with a plan approved​ 52.18 under section 122A.414, subdivisions 2a and 2b, equals $260 times the number of pupils​ 52.19 enrolled in the school on October 1 of the previous year, or on October 1 of the current year​ 52.20 for a charter school in the first year of operation, times the ratio of the sum of the alternative​ 52.21 teacher compensation aid and alternative teacher compensation levy for all participating​ 52.22 school districts to the maximum alternative teacher compensation revenue for those districts​ 52.23 under subdivision 1.​ 52.24 (b) Notwithstanding paragraph (a) and subdivision 1, the state total basic alternative​ 52.25 teacher compensation aid entitlement must not exceed $88,118,000 for fiscal year 2023;​ 52.26 $88,461,000 for fiscal year 2024; $88,461,000 $88,961,000 for fiscal year 2025; and​ 52.27 $89,486,000 for fiscal year 2026 and later. The commissioner must limit the amount of​ 52.28 alternative teacher compensation aid approved under this section so as not to exceed these​ 52.29 limits by not approving new participants or by prorating the aid among participating districts,​ 52.30 intermediate school districts, school sites, and charter schools. The commissioner may also​ 52.31 reallocate a portion of the allowable aid for the biennium from the second year to the first​ 52.32 year to meet the needs of approved participants.​ 52​ Article 5 Sec. 2.​ REVISOR CR H5237-4​ HF5237 FOURTH ENGROSSMENT​ 53.1 (c) Basic alternative teacher compensation aid for an intermediate district or other​ 53.2 cooperative unit equals $3,000 times the number of licensed teachers employed by the​ 53.3 intermediate district or cooperative unit on October 1 of the previous school year.​ 53.4 EFFECTIVE DATE. This section is effective for revenue for fiscal year 2025 and later.​ 53.5 Sec. 3. Minnesota Statutes 2022, section 122A.415, is amended by adding a subdivision​ 53.6 to read:​ 53.7 Subd. 7. Revenue reserved. Revenue received under this section must be reserved and​ 53.8 used only for the programs authorized under section 122A.414.​ 53.9 EFFECTIVE DATE. This section is effective for revenue for fiscal year 2025 and later.​ 53.10 Sec. 4. Minnesota Statutes 2023 Supplement, section 122A.73, subdivision 2, is amended​ 53.11 to read:​ 53.12 Subd. 2. Grow Your Own district programs. (a) A school district, charter school,​ 53.13 Tribal contract school, or cooperative unit under section 123A.24, subdivision 2, may apply​ 53.14 for a grant for a teacher preparation program that meets the requirements of paragraph (c)​ 53.15 to establish a Grow Your Own pathway for adults to obtain their first professional teaching​ 53.16 license. The grant recipient must use at least 80 percent of grant funds to provide tuition​ 53.17 scholarships or stipends to enable school district grant recipient employees or community​ 53.18 members affiliated with a school district grant recipient, who are of color or American​ 53.19 Indian and who seek a teaching license, to participate in the teacher preparation program.​ 53.20 Grant funds may also be used to pay for teacher licensure exams and licensure fees.​ 53.21 (b) A district using grant funds under this subdivision to provide financial support to​ 53.22 teacher candidates may require a commitment as determined by the district to teach in the​ 53.23 district school district, charter school, Tribal contract school, or cooperative unit for a​ 53.24 reasonable amount of time that does not exceed five years.​ 53.25 (c) A grantee must partner with:​ 53.26 (1) a Professional Educator Licensing and Standards Board-approved teacher preparation​ 53.27 program;​ 53.28 (2) a Council for the Accreditation of Educator Preparation-accredited teacher preparation​ 53.29 program from a private, not for profit, institution of higher education; or​ 53.30 (3) an institution that has an articulated transfer pathway with a board-approved teacher​ 53.31 preparation program.​ 53​ Article 5 Sec. 4.​ REVISOR CR H5237-4​ HF5237 FOURTH ENGROSSMENT​ 54.1 EFFECTIVE DATE. This section is effective the day following final enactment.​ 54.2 Sec. 5. Minnesota Statutes 2023 Supplement, section 122A.73, subdivision 3, is amended​ 54.3 to read:​ 54.4 Subd. 3. Grants for programs serving secondary school students. (a) A school district,​ 54.5 or charter school, Tribal contract school, or cooperative unit may apply for grants under​ 54.6 this section to offer other innovative programs that encourage secondary school students,​ 54.7 especially students of color and American Indian students, to pursue teaching. To be eligible​ 54.8 for a grant under this subdivision, an applicant must ensure that the aggregate percentage​ 54.9 of secondary school students of color and American Indian students participating in the​ 54.10 program is equal to or greater than the aggregate percentage of students of color and​ 54.11 American Indian students in the school district, charter school, Tribal contract school, or​ 54.12 cooperative unit.​ 54.13 (b) A grant recipient must use grant funds awarded under this subdivision for:​ 54.14 (1) supporting future teacher clubs or service-learning opportunities that provide middle​ 54.15 and high school students with experiential learning that supports the success of younger​ 54.16 students or peers and increases students' interest in pursuing a teaching career;​ 54.17 (2) developing and offering postsecondary enrollment options for "Introduction to​ 54.18 Teaching" or "Introduction to Education" courses consistent with section 124D.09,​ 54.19 subdivision 10, that meet degree requirements for teacher licensure;​ 54.20 (3) providing direct support, including wrap-around services, for students who are of​ 54.21 color or American Indian to enroll and be successful in postsecondary enrollment options​ 54.22 courses under section 124D.09 that would meet degree requirements for teacher licensure;​ 54.23 or​ 54.24 (4) offering scholarships to graduating high school students who are of color or American​ 54.25 Indian to enroll in board-approved undergraduate teacher preparation programs at a college​ 54.26 or university in Minnesota or in an institution that has an articulated transfer pathway with​ 54.27 a board-approved teacher preparation program.​ 54.28 (c) The maximum grant award under this subdivision is $500,000. The commissioner​ 54.29 may consider the number of participants a grant recipient intends to support when determining​ 54.30 a grant amount.​ 54.31 EFFECTIVE DATE. This section is effective the day following final enactment.​ 54​ Article 5 Sec. 5.​ REVISOR CR H5237-4​ HF5237 FOURTH ENGROSSMENT​ 55.1 Sec. 6. Minnesota Statutes 2022, section 122A.73, subdivision 4, is amended to read:​ 55.2 Subd. 4. Grant procedure. (a) A district An applicant must apply for a grant under this​ 55.3 section in the form and manner specified by the commissioner. The commissioner must​ 55.4 give priority to districts applicants with the highest total number or percentage of students​ 55.5 who are of color or American Indian. To the extent that there are sufficient applications,​ 55.6 the commissioner must, to the extent practicable, award an equal number of grants between​ 55.7 districts applicants in greater Minnesota and those in the Twin Cities metropolitan area.​ 55.8 (b) For the 2022-2023 school year and later, Grant applications for new and existing​ 55.9 programs must be received by the commissioner no later than January 15 of the year prior​ 55.10 to the school year in which the grant will be used. The commissioner must review all​ 55.11 applications and notify grant recipients by March 15 or as soon as practicable of the​ 55.12 anticipated amount awarded. If the commissioner determines that sufficient funding is​ 55.13 unavailable for the grants, the commissioner must notify grant applicants by June 30 or as​ 55.14 soon as practicable that there are insufficient funds.​ 55.15 (c) For the 2021-2022 school year, the commissioner must set a timetable for awarding​ 55.16 grants as soon as practicable.​ 55.17 EFFECTIVE DATE. This section is effective the day following final enactment.​ 55.18 Sec. 7. Minnesota Statutes 2023 Supplement, section 122A.77, subdivision 1, is amended​ 55.19 to read:​ 55.20 Subdivision 1. Grant program established. The commissioner of education must​ 55.21 administer a grant program to develop a pipeline of trained, licensed Tier 3 or Tier 4 special​ 55.22 education teachers. A school district, charter school, Tribal contract school, or cooperative​ 55.23 unit under section 123A.24, subdivision 2, may apply for a grant under this section. An​ 55.24 applicant must partner with:​ 55.25 (1) a Professional Educator Licensing and Standards Board-approved teacher preparation​ 55.26 program;​ 55.27 (2) a Council for the Accreditation of Educator Preparation-accredited teacher preparation​ 55.28 program from a private, not-for-profit, institution of higher education; or​ 55.29 (3) an institution that has an articulated transfer pathway with a board-approved teacher​ 55.30 preparation program.​ 55.31 EFFECTIVE DATE. This section is effective the day following final enactment.​ 55​ Article 5 Sec. 7.​ REVISOR CR H5237-4​ HF5237 FOURTH ENGROSSMENT​ 56.1 Sec. 8. Minnesota Statutes 2023 Supplement, section 122A.77, subdivision 2, is amended​ 56.2 to read:​ 56.3 Subd. 2. Grant uses. (a) A grant recipient must use grant funds to support participants​ 56.4 who are employed by the grant recipient as either a paraprofessional or other unlicensed​ 56.5 staff, or a teacher with a Tier 1 or Tier 2 license, and demonstrate a willingness to be a​ 56.6 special education teacher after completing the program.​ 56.7 (b) A grant recipient may use grant funds for:​ 56.8 (1) tuition assistance or stipends for participants;​ 56.9 (2) supports for participants, including mentoring, licensure test preparation, and​ 56.10 technology support; or​ 56.11 (3) participant recruitment.​ 56.12 EFFECTIVE DATE. This section is effective the day following final enactment.​ 56.13 Sec. 9. [123B.155] PAID LEAVE FOR SCHOOL CLOSURES.​ 56.14 (a) A school district or charter school that alters its calendar due to a weather event,​ 56.15 public health emergency, or any other circumstance must continue to pay the full wages for​ 56.16 scheduled work hours and benefits of all school employees for full or partial day closures,​ 56.17 if the district or charter school counts that day as an instructional day for any students in​ 56.18 the district or charter school. School employees may be allowed to work from home to the​ 56.19 extent practicable. Paid leave for an e-learning day is provided under section 120A.414,​ 56.20 subdivision 6.​ 56.21 (b) Notwithstanding paragraph (a), a school district or charter school that alters the​ 56.22 calendar of a school-age care program, school youth recreation and enrichment program,​ 56.23 or general community education program due to a weather event, public health emergency,​ 56.24 or any other circumstance, while collecting a fee for day of the closure, must continue to​ 56.25 pay the full stipend or full wages for scheduled work hours and benefits of all employees​ 56.26 in the school-age care program, school youth recreation and enrichment program, or general​ 56.27 community education program.​ 56.28 EFFECTIVE DATE. This section is effective the day following final enactment.​ 56​ Article 5 Sec. 9.​ REVISOR CR H5237-4​ HF5237 FOURTH ENGROSSMENT​ 57.1 Sec. 10. Minnesota Statutes 2023 Supplement, section 124D.901, subdivision 3, is amended​ 57.2 to read:​ 57.3 Subd. 3. Student support personnel aid. (a) The initial student support personnel aid​ 57.4 for a school district equals the greater of the student support personnel allowance times the​ 57.5 adjusted pupil units at the district for the current fiscal year or $40,000. The initial student​ 57.6 support personnel aid for a charter school equals the greater of the student support personnel​ 57.7 allowance times the adjusted pupil units at the charter school for the current fiscal year or​ 57.8 $20,000. Aid under this paragraph must be reserved in a fund balance that, beginning in​ 57.9 fiscal year 2025, may not exceed the greater of the aid entitlement in the prior fiscal year​ 57.10 or the fund balance in the prior fiscal year.​ 57.11 (b) The cooperative student support personnel aid for a school district that is a member​ 57.12 of an intermediate school district or other cooperative unit that serves students equals the​ 57.13 greater of the cooperative student support allowance times the adjusted pupil units at the​ 57.14 district for the current fiscal year or $40,000. If a district is a member of more than one​ 57.15 cooperative unit that serves students, the revenue must be allocated among the cooperative​ 57.16 units. Aid under this paragraph must not exceed actual expenditures.​ 57.17 (c) The student support personnel allowance equals $11.94 for fiscal year 2024, $17.08​ 57.18 for fiscal year 2025, and $48.73 for fiscal year 2026 and later.​ 57.19 (d) The cooperative student support allowance equals $0.60 for fiscal year 2024, $0.85​ 57.20 for fiscal year 2025, and $2.44 for fiscal year 2026 and later.​ 57.21 (e) Notwithstanding paragraphs (a) and (b), the student support personnel aid must not​ 57.22 exceed the district's, charter school's, or cooperative unit's actual expenditures.​ 57.23 EFFECTIVE DATE. This section is effective for revenue in fiscal year 2024 and later.​ 57.24 Sec. 11. Laws 2023, chapter 55, article 5, section 64, subdivision 3, as amended by Laws​ 57.25 2024, chapter 81, section 14, is amended to read:​ 57.26 Subd. 3. Alternative teacher compensation aid. (a) For alternative teacher compensation​ 57.27 aid under Minnesota Statutes, section 122A.415, subdivision 4:​ 2024​ .....​ $88,706,000​ 57.28 $​ 2025​ .....​ 57.29 $88,562,000​ 89,012,000​ 57.30 $​ 57.31 (b) The 2024 appropriation includes $8,824,000 for fiscal year 2023 and $79,882,000​ 57.32 for fiscal year 2024.​ 57​ Article 5 Sec. 11.​ REVISOR CR H5237-4​ HF5237 FOURTH ENGROSSMENT​ 58.1 (c) The 2025 appropriation includes $8,875,000 for fiscal year 2024 and $79,687,000​ 58.2 $80,137,000 for fiscal year 2025.​ 58.3 Sec. 12. Laws 2023, chapter 55, article 5, section 64, subdivision 5, is amended to read:​ 58.4 Subd. 5. Closing educational opportunity gaps grants. (a) To support schools in their​ 58.5 efforts to close opportunity gaps under Minnesota Statutes, section 120B.113:​ 2024​ .....​ 3,000,000​ 58.6 $​ 2025​ .....​ 3,000,000​ 58.7 $​ 58.8 (b) The department may retain up to five percent of this appropriation to administer the​ 58.9 grant program.​ 58.10 (c) The base for fiscal year 2026 and later is $0.​ 58.11 (d) Any balance in the first year does not cancel but is available in the second year.​ 58.12 EFFECTIVE DATE. This section is effective the day following final enactment.​ 58.13 Sec. 13. Laws 2023, chapter 55, article 5, section 64, subdivision 13, is amended to read:​ 58.14 Subd. 13. Statewide teacher mentoring program. (a) For a statewide teacher induction​ 58.15 and mentoring program:​ 2024​ .....​ 9,940,000​ 58.16 $​ 2025​ .....​ 0​ 58.17 $​ 58.18 (b) Funds may be used for:​ 58.19 (1) competitive grants to Minnesota regional partners, including institutions of higher​ 58.20 education, regional service cooperatives, other district or charter collaboratives, and​ 58.21 professional organizations, to provide mentoring supports for new teachers, on-the-ground​ 58.22 training, technical assistance, and networks or communities of practice for local new teachers,​ 58.23 districts, and charter schools to implement Minnesota's induction model;​ 58.24 (2) competitive grants to school districts to fund Teacher of Record mentorships to Tier​ 58.25 1 and Tier 2 special education teachers, including training and supervision; and​ 58.26 (3) contracts with national content experts and research collaboratives to assist in​ 58.27 developing Minnesota's induction model, to provide ongoing training to mentors and​ 58.28 principals, and to evaluate the program over time.​ 58.29 (c) Up to five percent of the appropriation is available for grant administration.​ 58.30 (d) This is a onetime appropriation and is available until June 30, 2027.​ 58​ Article 5 Sec. 13.​ REVISOR CR H5237-4​ HF5237 FOURTH ENGROSSMENT​ 59.1 EFFECTIVE DATE. This section is effective the day following final enactment.​ 59.2 Sec. 14. Laws 2023, chapter 55, article 5, section 64, subdivision 15, is amended to read:​ 59.3 Subd. 15. Student support personnel workforce pipeline. (a) For a grant program to​ 59.4 develop a student support personnel workforce pipeline focused on increasing school​ 59.5 psychologists, school nurses, school counselors, and school social workers of color and​ 59.6 Indigenous providers, professional respecialization, recruitment, and retention:​ 2024​ .....​ 5,000,000​ 59.7 $​ 2025​ .....​ 5,000,000​ 59.8 $​ 59.9 (b) Of the amount in paragraph (a), $150,000 is for providing support to school nurses​ 59.10 across the state.​ 59.11 (c) To the extent practicable, the pipeline grants must be used to support equal numbers​ 59.12 of students pursuing careers as school psychologists, school nurses, school counselors, and​ 59.13 school social workers.​ 59.14 (d) For grants awarded under this subdivision to school psychologists, the following​ 59.15 terms have the meanings given:​ 59.16 (1) "eligible designated trainee" means an individual enrolled in a NASP-approved or​ 59.17 APA-accredited school psychology program granting educational specialist certificates or​ 59.18 doctoral degrees in school psychology;​ 59.19 (2) "practica" means an educational experience administered and evaluated by the​ 59.20 graduate training program, with university and site supervision by appropriately credentialed​ 59.21 school psychologists, to develop trainees' competencies to provide school psychological​ 59.22 services based on the graduate program's goals and competencies relative to accreditation​ 59.23 and licensure requirements; and​ 59.24 (3) "eligible employment" means a paid position within a school or local education​ 59.25 agency directly related to the training program providing direct or indirect school psychology​ 59.26 services. Direct services include assessment, intervention, prevention, or consultation services​ 59.27 to students or their family members and educational staff. Indirect services include​ 59.28 supervision, research and evaluation, administration, program development, technical​ 59.29 assistance, or professional learning to support direct services.​ 59.30 (e) Grants awarded to school psychologists must be used for:​ 59​ Article 5 Sec. 14.​ REVISOR CR H5237-4​ HF5237 FOURTH ENGROSSMENT​ 60.1 (1) the provision of paid, supervised, and educationally meaningful practica in a public​ 60.2 school setting for an eligible designated trainee enrolled in a qualifying program within the​ 60.3 grantee's institution;​ 60.4 (2) to support student recruitment and retention to enroll and hire an eligible designated​ 60.5 trainee for paid practica in public school settings; and​ 60.6 (3) oversight of trainee practica and professional development by the qualifying institution​ 60.7 to ensure the qualifications and conduct by an eligible designated trainee meet requirements​ 60.8 set forth by the state and accrediting agencies.​ 60.9 (f) Upon successful completion of the graduate training program, grants awarded to​ 60.10 school psychologists must maintain eligible employment within Minnesota for a minimum​ 60.11 period of one-year full-time equivalent for each academic year of paid traineeship under​ 60.12 the grant program.​ 60.13 (g) Up to $150,000 of the appropriation is available for grant administration.​ 60.14 (h) Any balance in the first year does not cancel but is available in the second year.​ 60.15 EFFECTIVE DATE. This section is effective the day following final enactment.​ 60.16 Sec. 15. Laws 2023, chapter 55, article 5, section 64, subdivision 16, is amended to read:​ 60.17 Subd. 16. Teacher residency program. (a) For the teacher residency program that meets​ 60.18 the requirements of Minnesota Rules, part 8705.2100, subpart 2, item D, subitem (5), unit​ 60.19 (g):​ 2024​ .....​ 3,000,000​ 60.20 $​ 2025​ .....​ 3,000,000​ 60.21 $​ 60.22 (b) Up to three percent of the appropriation is available for grant administration.​ 60.23 (c) Any balance in the first year does not cancel but is available in the following fiscal​ 60.24 second year.​ 60.25 EFFECTIVE DATE. This section is effective the day following final enactment.​ 60.26 Sec. 16. Laws 2023, chapter 55, article 5, section 65, subdivision 3, is amended to read:​ 60.27 Subd. 3. Collaborative urban and greater Minnesota educators of color grants. (a)​ 60.28 For collaborative urban and greater Minnesota educators of color competitive grants under​ 60.29 Minnesota Statutes, section 122A.635:​ 60​ Article 5 Sec. 16.​ REVISOR CR H5237-4​ HF5237 FOURTH ENGROSSMENT​ 2024​ .....​ 5,440,000​ 61.1 $​ 2025​ .....​ 5,440,000​ 61.2 $​ 61.3 (b) The board may retain up to $100,000 of the appropriation amount to monitor and​ 61.4 administer the grant program.​ 61.5 (c) Any balance in the first year does not cancel but is available in the following fiscal​ 61.6 second year.​ 61.7 EFFECTIVE DATE. This section is effective the day following final enactment.​ 61.8 Sec. 17. Laws 2023, chapter 55, article 5, section 65, subdivision 6, is amended to read:​ 61.9 Subd. 6. Mentoring, induction, and retention incentive program grants for teachers​ 61.10 of color. (a) To develop and expand mentoring, induction, and retention programs designed​ 61.11 for teachers of color or American Indian teachers under Minnesota Statutes, section 122A.70:​ 2024​ .....​ 3,500,000​ 61.12 $​ 2025​ .....​ 3,500,000​ 61.13 $​ 61.14 (b) Any balance in the first year does not cancel but is available in the following fiscal​ 61.15 second year.​ 61.16 (c) The base for grants under Minnesota Statutes, section 122A.70, for fiscal year 2026​ 61.17 and later is $4,500,000, of which at least $3,500,000 each fiscal year is for grants to develop​ 61.18 and expand mentoring, induction, and retention programs designed for teachers of color or​ 61.19 American Indian teachers.​ 61.20 (d) The board may retain up to three percent of the appropriation amount to monitor and​ 61.21 administer the grant program.​ 61.22 EFFECTIVE DATE. This section is effective the day following final enactment.​ 61.23 Sec. 18. Laws 2023, chapter 55, article 5, section 65, subdivision 7, is amended to read:​ 61.24 Subd. 7. Pathway preparation grants. (a) For grants to support teachers holding a Tier​ 61.25 1 or Tier 2 license and seeking a Tier 3 or Tier 4 license:​ 2024​ .....​ 400,000​ 61.26 $​ 2025​ .....​ 400,000​ 61.27 $​ 61.28 (b) The following are eligible for grants under this subdivision:​ 61.29 (1) school districts;​ 61.30 (2) charter schools;​ 61​ Article 5 Sec. 18.​ REVISOR CR H5237-4​ HF5237 FOURTH ENGROSSMENT​ 62.1 (3) service cooperatives; and​ 62.2 (4) partnerships between one or more teacher preparation providers, school districts, or​ 62.3 charter schools.​ 62.4 (c) Grant funds must be used to support teachers holding a Tier 1 or Tier 2 license and​ 62.5 seeking a Tier 3 or Tier 4 license through completion of a teacher preparation program or​ 62.6 the licensure via portfolio process. A grant recipient must provide teachers holding a Tier​ 62.7 1 or Tier 2 license with professional development, mentorship, and coursework aligned to​ 62.8 state standards for teacher licensure.​ 62.9 (d) The Professional Educator Licensing and Standards Board may collaborate with the​ 62.10 Department of Education and the Office of Higher Education to administer the grant program.​ 62.11 (e) The board may retain up to three percent of the appropriation amount to monitor and​ 62.12 administer the grant.​ 62.13 Sec. 19. GRANT PROGRAM MODIFICATIONS AUTHORIZED.​ 62.14 (a) The commissioner of education may allow a Grow Your Own pathway grant recipient​ 62.15 to modify its program to align with statutory changes to Minnesota Statutes, section 122A.73,​ 62.16 made under this act after the grant was awarded.​ 62.17 (b) The commissioner of education may allow a special education teacher pipeline grant​ 62.18 recipient to modify its program to align with statutory changes to Minnesota Statutes, section​ 62.19 122A.77, made under this act after the grant was awarded.​ 62.20 EFFECTIVE DATE. This section is effective the day following final enactment.​ 62.21 Sec. 20. STUDENT TEACHING STIPEND PILOT PROGRAM.​ 62.22 Subdivision 1. Pilot program established. A pilot program is established to support​ 62.23 student teachers placed in Minnesota school districts or charter schools to complete clinical​ 62.24 experiences necessary to obtain Minnesota teaching licenses, and help policymakers​ 62.25 determine how to reduce the financial burden of completing valuable clinical experiences​ 62.26 and strengthen the pipeline of qualified teachers. The pilot program is effective for the​ 62.27 2024-2025 school year.​ 62.28 Subd. 2. Participating teacher preparation program providers. (a) The pilot program​ 62.29 consists of the following teacher preparation program providers:​ 62.30 (1) St. Cloud State University;​ 62.31 (2) Bemidji State University;​ 62​ Article 5 Sec. 20.​ REVISOR CR H5237-4​ HF5237 FOURTH ENGROSSMENT​ 63.1 (3) Minnesota State University, Mankato;​ 63.2 (4) Winona State University;​ 63.3 (5) Fond du Lac Tribal and Community College;​ 63.4 (6) the University of Minnesota-Duluth;​ 63.5 (7) the University of Minnesota-Crookston; and​ 63.6 (8) Augsburg University.​ 63.7 (b) A participating teacher preparation program provider must:​ 63.8 (1) determine the stipend amount based on the available funding and number of eligible​ 63.9 student teachers;​ 63.10 (2) use the full amount of funding provided under this section to award each student​ 63.11 teacher placed in a student teaching assignment a stipend of the same amount regardless of​ 63.12 the student teacher's financial need or intended licensure area; and​ 63.13 (3) notify student teachers of their stipend amounts no later than 30 days before the​ 63.14 student teacher is placed in a student teaching assignment.​ 63.15 Subd. 3. Student teacher eligibility. (a) A student teacher is eligible for a stipend through​ 63.16 the pilot program if the student teacher:​ 63.17 (1) is enrolled in a teacher preparation program approved by the Professional Educator​ 63.18 Licensing and Standards Board that requires at least 12 weeks of student teaching in order​ 63.19 to be recommended for a Tier 3 teaching license;​ 63.20 (2) is placed in a Minnesota school district or charter school to complete required student​ 63.21 teaching; and​ 63.22 (3) is meeting satisfactory academic progress as defined under Minnesota Statutes,​ 63.23 section 136A.101, subdivision 10.​ 63.24 (b) A student teacher may receive a stipend under this section, and under Minnesota​ 63.25 Statutes, section 136A.1274 or 136A.1275.​ 63.26 Subd. 4. Stipends not considered income for certain purposes. (a) Notwithstanding​ 63.27 any law to the contrary, payments under this section must not be considered income, assets,​ 63.28 or personal property for purposes of determining eligibility or recertifying eligibility for:​ 63.29 (1) child care assistance programs under Minnesota Statutes, chapter 119B, and early​ 63.30 learning scholarships under Minnesota Statutes, section 124D.165;​ 63​ Article 5 Sec. 20.​ REVISOR CR H5237-4​ HF5237 FOURTH ENGROSSMENT​ 64.1 (2) general assistance, Minnesota supplemental aid, and food support under Minnesota​ 64.2 Statutes, chapter 256D;​ 64.3 (3) housing support under Minnesota Statutes, chapter 256I;​ 64.4 (4) the Minnesota family investment program and diversionary work program under​ 64.5 Minnesota Statutes, chapter 256J; and​ 64.6 (5) economic assistance programs under Minnesota Statutes, chapter 256P.​ 64.7 (b) The commissioner of human services must not consider a stipend under this section​ 64.8 as income or assets when determining medical assistance eligibility under Minnesota Statutes,​ 64.9 section 256B.055, subdivisions 7, 7a, and 12; or section 256B.057, subdivisions 3, 3a, 3b,​ 64.10 and 4. The commissioner of human services must not include the stipend received under​ 64.11 this section when calculating an individual's premiums under Minnesota Statutes, section​ 64.12 256B.057, subdivision 9.​ 64.13 Subd. 5. Professional Educator Licensing and Standards Board. (a) The Professional​ 64.14 Educator Licensing and Standards Board must develop and administer a survey to students​ 64.15 who receive stipends through the pilot program, and interview a representative sample of​ 64.16 student teachers who receive stipends. The surveys and interviews must seek information​ 64.17 related to the impact of the stipend on the student teacher, whether the student teacher​ 64.18 received any other stipends or compensation for student teaching, and other information​ 64.19 relevant to development of a statewide paid student teaching program.​ 64.20 (b) The board must submit reports to the chairs and minority leaders of the legislative​ 64.21 committees with jurisdiction over kindergarten through grade 12 education and higher​ 64.22 education by February 1, 2025, and July 1, 2025, in accordance with Minnesota Statutes,​ 64.23 section 3.195. Each report must identify the number of student teachers receiving stipends​ 64.24 by teacher preparation program provider and the districts or charter schools where the student​ 64.25 teachers were placed, and the amount each student teacher received under this section. The​ 64.26 second report must also summarize the results of the surveys and interviews, and make​ 64.27 recommendations for implementing a statewide paid student teacher program.​ 64.28 EFFECTIVE DATE. This section is effective July 1, 2024, except for subdivision 4,​ 64.29 paragraph (b), which is effective July 1, 2024, or upon federal approval, whichever is later.​ 64.30 Sec. 21. PARAPROFESSIONAL QUALIFICATIONS EXAMINED.​ 64.31 (a) The Department of Education and the Professional Educator Licensing and Standards​ 64.32 Board must collaboratively examine Minnesota's standards for paraprofessionals in​ 64.33 consultation with at least the following:​ 64​ Article 5 Sec. 21.​ REVISOR CR H5237-4​ HF5237 FOURTH ENGROSSMENT​ 65.1 (1) one representative each from at least two organizations representing paraprofessionals;​ 65.2 (2) one person representing the Minnesota Association of School Administrators; and​ 65.3 (3) one person representing the Minnesota Administrators for Special Education.​ 65.4 (b) By July 1, 2024, the agencies must announce their work plan to revise the​ 65.5 paraprofessional qualifications under Minnesota Statutes, section 120B.363, and the​ 65.6 qualifications used to determine eligibility for state special education aid calculations.​ 65.7 (c) The Professional Educator Licensing and Standards Board may revise Minnesota​ 65.8 Rules, part 8710.9000. A paraprofessional may demonstrate competencies established in​ 65.9 Minnesota Rules, part 8710.9000, subpart 4, as one way to meet the federal personnel​ 65.10 qualifications required in Code of Federal Regulations, title 34, section 300.156.​ 65.11 (d) A paraprofessional meets the federal personnel qualifications required in Code of​ 65.12 Federal Regulations, title 34, section 300.156, if the paraprofessional:​ 65.13 (1) has at least two years of college credits through an accredited institution of higher​ 65.14 education, or an associate's degree or higher;​ 65.15 (2) has received a passing score on a formal assessment approved by the Department of​ 65.16 Education; or​ 65.17 (3) meets the local assessment criteria established by the Department of Education.​ 65.18 (e) The Department of Education must revise the minimum passing score for the approved​ 65.19 formal assessments.​ 65.20 (f) For the 2024-2025 school year only, a paraprofessional may be paid in whole or in​ 65.21 part by funding under paragraph (g) if the paraprofessional:​ 65.22 (1) demonstrates the competencies established in Minnesota Rules, part 8710.9000,​ 65.23 subpart 4, item D (competency 4: instructional content and practice) and item I (competency​ 65.24 9: academic instructional skills); or​ 65.25 (2) is enrolled in a ParaPro or Paraeducator training and testing program.​ 65.26 (g) For the 2024-2025 school year only, a school district or charter school may use state​ 65.27 special education aid to continue to pay for staff in special education paraprofessional​ 65.28 positions that meet qualifications under paragraph (f) only if those positions were filled by​ 65.29 the district or charter school and paid with state special education aid in the 2023-2024​ 65.30 school year.​ 65​ Article 5 Sec. 21.​ REVISOR CR H5237-4​ HF5237 FOURTH ENGROSSMENT​ 66.1 (h) For the 2024-2025 school year only, upon request from a paraprofessional employed​ 66.2 by a school district, charter school, or cooperative unit providing direct instructional services,​ 66.3 the school must provide administrative assistance to the paraprofessional when completing​ 66.4 the competencies required under paragraph (d), clause (3), or paragraph (f).​ 66.5 EFFECTIVE DATE. This section is effective the day following final enactment.​ 66.6 Sec. 22. TEACHER AND PARAPROFESSIONAL COMPENSATION WORKING​ 66.7 GROUP.​ 66.8 Subdivision 1. Establishment; membership. (a) The Teacher and Paraprofessional​ 66.9 Compensation Working Group is established and consists of the following 22 members:​ 66.10 (1) one prekindergarten teacher;​ 66.11 (2) one elementary school teacher;​ 66.12 (3) one middle school teacher;​ 66.13 (4) one high school teacher;​ 66.14 (5) one physical education teacher;​ 66.15 (6) one vocal music or instrumental music teacher;​ 66.16 (7) one visual arts teacher;​ 66.17 (8) one library media specialist;​ 66.18 (9) one community education teacher;​ 66.19 (10) one teacher teaching in an alternative setting;​ 66.20 (11) one member working in a school setting with children from birth to age three;​ 66.21 (12) one special education teacher;​ 66.22 (13) four paraprofessionals working with elementary, middle, or high school students;​ 66.23 (14) two superintendents;​ 66.24 (15) one community education director;​ 66.25 (16) two school finance directors; and​ 66.26 (17) one member with expertise in school board governance.​ 66.27 (b) The members under paragraph (a), clauses (1) to (13), must be appointed by the​ 66.28 Professional Educator Licensing and Standards Board. The members under paragraph (a),​ 66.29 clauses (14) to (16), must be appointed by the Minnesota Board of School Administrators.​ 66​ Article 5 Sec. 22.​ REVISOR CR H5237-4​ HF5237 FOURTH ENGROSSMENT​ 67.1 The members under paragraph (a), clause (17), must be appointed by the Minnesota School​ 67.2 Boards Association. To the extent practicable, each appointing authority must appoint​ 67.3 members representing schools in regions across the state. All appointments must be made​ 67.4 no later than September 1, 2024.​ 67.5 Subd. 2. Duties; report. (a) The working group is established to advise the legislature​ 67.6 on strategies and recommendations to provide competitive compensation to teachers and​ 67.7 paraprofessionals in Minnesota elementary, middle, and secondary schools.​ 67.8 (b) The working group must report its proposed strategies, recommendations, and draft​ 67.9 legislation to the legislative committees with jurisdiction over prekindergarten through​ 67.10 grade 12 education finance and policy by February 14, 2025. The report must be filed​ 67.11 according to Minnesota Statutes, section 3.195.​ 67.12 (c) At a minimum, the report must:​ 67.13 (1) analyze data on the professional pay gap for Minnesota teachers;​ 67.14 (2) provide historical analysis on pay trends for Minnesota teachers;​ 67.15 (3) examine historical trends in total compensation for Minnesota teachers, including​ 67.16 wages and salary, health insurance and other benefits, and pension benefits;​ 67.17 (4) examine historical trends in the tuition and opportunity costs of teacher preparation​ 67.18 and student debt burdens; and​ 67.19 (5) collect and analyze data on the workloads and compensation of Minnesota education​ 67.20 support professionals.​ 67.21 Subd. 3. Meetings; compensation. (a) The working group must convene its initial​ 67.22 meeting no later than September 15, 2024, and must meet regularly thereafter.​ 67.23 (b) Members of the working group are eligible for per diem compensation as provided​ 67.24 under Minnesota Statutes, section 15.059, subdivision 3.​ 67.25 Subd. 4. Administrative provisions. (a) The executive director of the Professional​ 67.26 Educator Licensing and Standards Board or the executive director's designee must convene​ 67.27 the initial meeting of the working group. Upon request of the working group, the executive​ 67.28 director must provide meeting space and administrative services for the group. The members​ 67.29 of the working group must elect a chair or cochairs from the members of the working group​ 67.30 at the initial meeting.​ 67.31 (b) Upon request of the working group, the Professional Educator Licensing and Standards​ 67.32 Board must provide information necessary for the working group to make its​ 67​ Article 5 Sec. 22.​ REVISOR CR H5237-4​ HF5237 FOURTH ENGROSSMENT​ 68.1 recommendations, including but not limited to information on teacher and paraprofessional​ 68.2 qualifications, licensure, employment, assignment, and compensation.​ 68.3 Subd. 5. Expiration. The working group expires February 14, 2025, or upon submission​ 68.4 of the report required under subdivision 2, whichever is earlier.​ 68.5 EFFECTIVE DATE. This section is effective the day following final enactment.​ 68.6 Sec. 23. APPROPRIATION; DEPARTMENT OF EDUCATION.​ 68.7 Subdivision 1. Department of Education. The sum indicated in this section is​ 68.8 appropriated from the general fund to the Department of Education in the fiscal year​ 68.9 designated.​ 68.10 Subd. 2. Special education apprenticeship programs. (a) For grants to intermediate​ 68.11 school districts for special education registered apprenticeship programs:​ 2025​ .....​ 1,030,000​ 68.12 $​ 68.13 (b) The department must award grants of $250,000 each to Intermediate School Districts​ 68.14 Nos. 287, 288, 916, and 917. The grant funds must be used for special education registered​ 68.15 apprenticeship programs. Grant funds may be used for:​ 68.16 (1) program oversight and administrative costs of the intermediate school district and​ 68.17 its partner higher education institution;​ 68.18 (2) stipends and tuition, fees, and other direct program costs incurred by apprentices;​ 68.19 (3) stipends for teachers serving as mentors; and​ 68.20 (4) the cost of substitute teachers.​ 68.21 (c) Notwithstanding Minnesota Statutes, section 16B.98, subdivision 14, up to $30,000​ 68.22 of the appropriation is available for grant administration.​ 68.23 (d) This is a onetime appropriation and is available until June 30, 2027.​ 68.24 Sec. 24. APPROPRIATIONS; PROFESSIONAL EDUCATOR LICENSING AND​ 68.25 STANDARDS BOARD.​ 68.26 Subdivision 1. Professional Educator Licensing and Standards Board. The sums​ 68.27 indicated in this section are appropriated from the general fund to the Professional Educator​ 68.28 Licensing and Standards Board in the fiscal years designated.​ 68.29 Subd. 2. Paid student teaching pilot program. (a) For the paid student teaching pilot​ 68.30 program:​ 68​ Article 5 Sec. 24.​ REVISOR CR H5237-4​ HF5237 FOURTH ENGROSSMENT​ 2025​ .....​ 6,543,000​ 69.1 $​ 69.2 (b) Of the amount in paragraph (a), $4,868,000 is for transfer to the Board of Trustees​ 69.3 of the Minnesota State Colleges and Universities. The Board of Trustees must allocate the​ 69.4 funding among the following teacher preparation program providers in the amounts indicated:​ 69.5 (1) $929,000 for St. Cloud State University;​ 69.6 (2) $744,000 for Bemidji State University;​ 69.7 (3) $1,618,000 for Minnesota State University, Mankato;​ 69.8 (4) $1,570,000 for Winona State University; and​ 69.9 (5) $7,000 for Fond du Lac Tribal and Community College.​ 69.10 (c) Of the amount in paragraph (a), $1,218,000 is for transfer to the Board of Regents​ 69.11 of the University of Minnesota to allocate to the following teacher preparation program​ 69.12 providers in the amounts indicated:​ 69.13 (1) $1,115,000 for the University of Minnesota-Duluth; and​ 69.14 (2) $103,000 for the University of Minnesota-Crookston.​ 69.15 (d) Of the amount in paragraph (a), $317,000 is for Augsburg University.​ 69.16 (e) The Professional Educator Licensing and Standards Board may retain up to $140,000​ 69.17 to administer the pilot program, including administering surveys and completing required​ 69.18 reports.​ 69.19 (f) This is a onetime appropriation and is available until June 30, 2026.​ 69.20 Subd. 3. Teacher and paraprofessional compensation working group. (a) For​ 69.21 administration and per diem compensation for members of the teacher and paraprofessional​ 69.22 compensation working group:​ 2025​ .....​ 150,000​ 69.23 $​ 69.24 (b) This is a onetime appropriation.​ 69.25 Subd. 4. Aspiring teachers of color scholarship program. (a) For transfer to the​ 69.26 commissioner of the Office of Higher Education for the aspiring teachers of color scholarship​ 69.27 program under Laws 2021, First Special Session, chapter 2, article 2, section 45:​ 2025​ .....​ 1,000,000​ 69.28 $​ 69.29 (b) The commissioner of the Office of Higher Education may use no more than four​ 69.30 percent of the appropriation for program administration.​ 69​ Article 5 Sec. 24.​ REVISOR CR H5237-4​ HF5237 FOURTH ENGROSSMENT​ 70.1 (c) This is a onetime appropriation.​ 70.2 EFFECTIVE DATE. This section is effective July 1, 2024.​ 70.3 ARTICLE 6​ 70.4 CHARTER SCHOOLS​ 70.5 Section 1. Minnesota Statutes 2023 Supplement, section 124E.13, subdivision 1, is amended​ 70.6 to read:​ 70.7 Subdivision 1. Leased space. A charter school may lease space from: an independent​ 70.8 or special school board; other public organization; private, nonprofit, nonsectarian​ 70.9 organization; private property owner; or a sectarian organization if the leased space is​ 70.10 constructed as a school facility. In all cases, the eligible lessor must also be the building​ 70.11 owner. The commissioner must review and approve or disapprove leases lease aid​ 70.12 applications in a timely manner to determine eligibility for lease aid under section 124E.22.​ 70.13 Sec. 2. Minnesota Statutes 2022, section 124E.22, is amended to read:​ 70.14 124E.22 BUILDING LEASE AID.​ 70.15 (a) When a charter school finds it economically advantageous to rent or lease a building​ 70.16 or land for any instructional purpose and it determines that the total operating capital revenue​ 70.17 under section 126C.10, subdivision 13, is insufficient for this purpose, it may apply to the​ 70.18 commissioner for building lease aid in the form and manner prescribed by the commissioner.​ 70.19 The commissioner must review and either approve or deny a lease aid application using at​ 70.20 least the following criteria:​ 70.21 (1) the reasonableness of the price based on current market values;​ 70.22 (2) the extent to which the lease conforms to applicable state laws and rules; and​ 70.23 (3) the appropriateness of the proposed lease in the context of the space needs and​ 70.24 financial circumstances of the charter school. The commissioner must approve aid only for​ 70.25 a facility lease that has (i) a sum certain annual cost and (ii) a closure clause to relieve the​ 70.26 charter school of its lease obligations at the time the charter contract is terminated or not​ 70.27 renewed. The closure clause under item (ii) must not be constructed or construed to relieve​ 70.28 the charter school of its lease obligations in effect before the charter contract is terminated​ 70.29 or not renewed.​ 70.30 (b) A charter school must not use the building lease aid it receives for custodial,​ 70.31 maintenance service, utility, or other operating costs.​ 70​ Article 6 Sec. 2.​ REVISOR CR H5237-4​ HF5237 FOURTH ENGROSSMENT​ 71.1 (c) The amount of annual building lease aid for a charter school shall not exceed the​ 71.2 lesser of (1) 90 percent of the approved cost or (2) the product of the charter school building​ 71.3 lease aid pupil units served for the current school year times $1,314.​ 71.4 (d) A charter school's building lease aid pupil units equals the sum of the charter school​ 71.5 pupil units under section 126C.05 and the pupil units for the portion of the day that the​ 71.6 charter school's enrolled students are participating in the Postsecondary Enrollment Options​ 71.7 Act under section 124D.09 and not otherwise included in the pupil count under section​ 71.8 126C.05.​ 71.9 Sec. 3. Laws 2023, chapter 55, article 2, section 64, subdivision 6, as amended by Laws​ 71.10 2024, chapter 81, section 9, is amended to read:​ 71.11 Subd. 6. Charter school building lease aid. (a) For building lease aid under Minnesota​ 71.12 Statutes, section 124E.22:​ 2024​ .....​ 91,457,000​ 71.13 $​ 2025​ .....​ 71.14 94,578,000​ 94,906,000​ 71.15 $​ 71.16 (b) The 2024 appropriation includes $9,047,000 for 2023 and $82,410,000 for 2024.​ 71.17 (c) The 2025 appropriation includes $9,156,000 for 2024 and $85,422,000 $85,750,000​ 71.18 for 2025.​ 71.19 ARTICLE 7​ 71.20 SPECIAL EDUCATION​ 71.21 Section 1. Minnesota Statutes 2022, section 124D.19, subdivision 8, is amended to read:​ 71.22 Subd. 8. Program approval. To be eligible for revenue for the program for adults with​ 71.23 disabilities, a program and budget must receive approval from the community education​ 71.24 section in the department. Approval may be for five years. During that time, a board must​ 71.25 report any significant changes to the department for approval. For programs offered​ 71.26 cooperatively, the request for approval must include an agreement on the method by which​ 71.27 local money is to be derived and distributed. A request for approval (a) Beginning July 1,​ 71.28 2024, and at least once every five years thereafter, a district's community education advisory​ 71.29 council must review and approve the district's adults with disabilities program and submit​ 71.30 a statement of assurances to the commissioner in the form and manner determined by the​ 71.31 commissioner. The program must seek feedback from adults with disabilities and other​ 71.32 community organizations providing services to adults with disabilities.​ 71​ Article 7 Section 1.​ REVISOR CR H5237-4​ HF5237 FOURTH ENGROSSMENT​ 72.1 (b) Each school district with an adults with disabilities program must include all of at​ 72.2 least the following information about its adults with disabilities program in its annual​ 72.3 community education report under subdivision 14:​ 72.4 (1) a summary of the characteristics of the people to be served by the program;​ 72.5 (2) a description of the program services and activities;​ 72.6 (3) the most recent program budget and amount of aid requested;​ 72.7 (4) a summary of the participation by adults with disabilities in developing the program;​ 72.8 (5) an assessment of the needs of adults with disabilities; and​ 72.9 (6) a description of cooperative efforts with community organizations.​ 72.10 EFFECTIVE DATE. This section is effective July 1, 2024, for plans developed on or​ 72.11 after that date.​ 72.12 Sec. 2. Minnesota Statutes 2023 Supplement, section 256B.0625, subdivision 26, is​ 72.13 amended to read:​ 72.14 Subd. 26. Special education services. (a) Medical assistance covers evaluations necessary​ 72.15 in making a determination for eligibility for individualized education program and​ 72.16 individualized family service plan services and for medical services identified in a recipient's​ 72.17 individualized education program and individualized family service plan and covered under​ 72.18 the medical assistance state plan. Covered services include occupational therapy, physical​ 72.19 therapy, speech-language therapy, clinical psychological services, nursing services, school​ 72.20 psychological services, school social work services, personal care assistants serving as​ 72.21 management aides, assistive technology devices, transportation services, health assessments,​ 72.22 and other services covered under the medical assistance state plan. Mental health services​ 72.23 eligible for medical assistance reimbursement must be provided or coordinated through a​ 72.24 children's mental health collaborative where a collaborative exists if the child is included​ 72.25 in the collaborative operational target population. The provision or coordination of services​ 72.26 does not require that the individualized education program be developed by the collaborative.​ 72.27 The services may be provided by a Minnesota school district that is enrolled as a medical​ 72.28 assistance provider or its subcontractor, and only if the services meet all the requirements​ 72.29 otherwise applicable if the service had been provided by a provider other than a school​ 72.30 district, in the following areas: medical necessity; physician's, advanced practice registered​ 72.31 nurse's, or physician assistant's orders; documentation; personnel qualifications; and prior​ 72.32 authorization requirements. The nonfederal share of costs for services provided under this​ 72​ Article 7 Sec. 2.​ REVISOR CR H5237-4​ HF5237 FOURTH ENGROSSMENT​ 73.1 subdivision is the responsibility of the local school district as provided in section 125A.74.​ 73.2 Services listed in a child's individualized education program are eligible for medical​ 73.3 assistance reimbursement only if those services meet criteria for federal financial participation​ 73.4 under the Medicaid program.​ 73.5 (b) Approval of health-related services for inclusion in the individualized education​ 73.6 program does not require prior authorization for purposes of reimbursement under this​ 73.7 chapter. The commissioner may require physician, advanced practice registered nurse, or​ 73.8 physician assistant review and approval of the plan not more than once annually or upon​ 73.9 any modification of the individualized education program that reflects a change in​ 73.10 health-related services.​ 73.11 (c) Services of a speech-language pathologist provided under this section are covered​ 73.12 notwithstanding Minnesota Rules, part 9505.0390, subpart 1, item L, if the person:​ 73.13 (1) holds a masters degree in speech-language pathology;​ 73.14 (2) is licensed by the Professional Educator Licensing and Standards Board as an​ 73.15 educational speech-language pathologist; and​ 73.16 (3) either has a certificate of clinical competence from the American Speech and Hearing​ 73.17 Association, has completed the equivalent educational requirements and work experience​ 73.18 necessary for the certificate or has completed the academic program and is acquiring​ 73.19 supervised work experience to qualify for the certificate.​ 73.20 (d) Medical assistance coverage for medically necessary services provided under other​ 73.21 subdivisions in this section may not be denied solely on the basis that the same or similar​ 73.22 services are covered under this subdivision.​ 73.23 (e) The commissioner shall develop and implement package rates, bundled rates, or per​ 73.24 diem rates for special education services under which separately covered services are grouped​ 73.25 together and billed as a unit in order to reduce administrative complexity.​ 73.26 (f) The commissioner shall develop a cost-based payment structure for payment of these​ 73.27 services. Only costs reported through the designated Minnesota Department of Education​ 73.28 data systems in distinct service categories qualify for inclusion in the cost-based payment​ 73.29 structure. The commissioner shall reimburse claims submitted based on an interim rate, and​ 73.30 shall settle at a final rate once the department has determined it. The commissioner shall​ 73.31 notify the school district of the final rate. The school district has 60 days to appeal the final​ 73.32 rate. To appeal the final rate, the school district shall file a written appeal request to the​ 73.33 commissioner within 60 days of the date the final rate determination was mailed. The appeal​ 73​ Article 7 Sec. 2.​ REVISOR CR H5237-4​ HF5237 FOURTH ENGROSSMENT​ 74.1 request shall specify (1) the disputed items and (2) the name and address of the person to​ 74.2 contact regarding the appeal.​ 74.3 (g) Effective July 1, 2000, medical assistance services provided under an individualized​ 74.4 education program or an individual family service plan by local school districts shall not​ 74.5 count against medical assistance authorization thresholds for that child.​ 74.6 (h) Nursing services as defined in section 148.171, subdivision 15, and provided as an​ 74.7 individualized education program health-related service, are eligible for medical assistance​ 74.8 payment if they are otherwise a covered service under the medical assistance program.​ 74.9 Medical assistance covers the administration of prescription medications by a licensed nurse​ 74.10 who is employed by or under contract with a school district when the administration of​ 74.11 medications is identified in the child's individualized education program. The simple​ 74.12 administration of medications alone is not covered under medical assistance when​ 74.13 administered by a provider other than a school district or when it is not identified in the​ 74.14 child's individualized education program.​ 74.15 (i) School social work Services provided by a school social worker as described in​ 74.16 paragraph (l) must be provided by a mental health professional as defined in section 245I.04,​ 74.17 subdivision 2; a clinical trainee as defined in section 245I.04, subdivision 6, under the​ 74.18 supervision of a mental health professional; or a mental health practitioner as defined in​ 74.19 section 245I.04, subdivision 4, under the supervision of a mental health professional, are​ 74.20 to be eligible for medical assistance payment. A mental health practitioner performing​ 74.21 school social work services under this section must provide services within the mental health​ 74.22 practitioner's licensure scope of practice, if applicable, and within the mental health​ 74.23 practitioner scope of practice under section 245I.04, subdivision 5 reimbursement. Services​ 74.24 described in paragraph (l) must be provided within the provider's scope of practice as defined​ 74.25 in section 245I.04, subdivisions 3, 5, and 7.​ 74.26 (j) Notwithstanding section 245I.10, subdivision 2, a special education evaluation, and​ 74.27 assessment for and within an individual family service plan or individualized education​ 74.28 program, or individual family service plan may be used to determine medical necessity and​ 74.29 eligibility for school social work services under paragraph (i) instead of a diagnostic​ 74.30 assessment for services described under paragraph (l). The special education evaluation and​ 74.31 assessments for and within the individualized education program, or individual family​ 74.32 service plan, that meet the requirements in section 245I.10, subdivisions 4, and 5 or 6, and​ 74.33 that is completed by a licensed mental health professional or clinical trainee supervised by​ 74.34 a licensed mental health professional can be used for determining medical necessity. In​ 74.35 addition, for services that do not require a diagnosis using an assessment as defined in​ 74​ Article 7 Sec. 2.​ REVISOR CR H5237-4​ HF5237 FOURTH ENGROSSMENT​ 75.1 section 245I.10, subdivisions 4, and 5 or 6, the special education evaluation and assessments​ 75.2 for and within the individualized education program, or individual family service plan, that​ 75.3 provide an International Classification of Diseases diagnostic code and are completed by a​ 75.4 licensed mental health professional or clinical trainee supervised by a licensed mental health​ 75.5 professional can be used for determining medical necessity.​ 75.6 (k) A school social worker or school providing mental health services under paragraph​ 75.7 (i) (l) is not required to be certified to provide children's therapeutic services and supports​ 75.8 under section 256B.0943.​ 75.9 (l) Covered mental health services provided by a school social worker under this​ 75.10 paragraph (i) include but are not limited to are:​ 75.11 (1) administering and reporting standardized measures;​ 75.12 (2) care coordination;​ 75.13 (3) children's mental health crisis assistance, planning, and response services;​ 75.14 (1) the explanation of findings as described in section 256B.0671, subdivision 4;​ 75.15 (2) psychotherapy for crisis as described in section 256B.0671, subdivision 11a;​ 75.16 (4) (3) children's mental health clinical care consultation, as described in section​ 75.17 256B.0671, subdivision 7;​ 75.18 (5) (4) dialectical behavioral therapy for adolescents, as described in section 256B.0671,​ 75.19 subdivision 6;​ 75.20 (6) direction of mental health behavioral aides;​ 75.21 (7) (5) family psychoeducation, as described in section 256B.0671, subdivision 5, which​ 75.22 includes skill development, peer group sessions, and individual sessions. Notwithstanding​ 75.23 section 256B.0671, subdivision 5, family psychoeducation services under this section may​ 75.24 be delivered by a mental health practitioner as defined under section 245I.04, subdivision​ 75.25 4; and​ 75.26 (8) (6) individual, family, and group psychotherapy;, as described in section 256B.0671,​ 75.27 subdivision 11.​ 75.28 (9) mental health behavioral aide services;​ 75.29 (10) skills training; and​ 75.30 (11) treatment plan development and review.​ 75​ Article 7 Sec. 2.​ REVISOR CR H5237-4​ HF5237 FOURTH ENGROSSMENT​ 76.1 EFFECTIVE DATE. This section is effective July 1, 2024, or upon federal approval,​ 76.2 whichever is later.​ 76.3 Sec. 3. Minnesota Statutes 2023 Supplement, section 256B.0671, is amended by adding​ 76.4 a subdivision to read:​ 76.5 Subd. 11a. Psychotherapy for crisis. (a) Medical assistance covers psychotherapy for​ 76.6 crisis when a recipient is in need of an immediate response due to an increase of mental​ 76.7 illness symptoms that put the recipient at risk of one of the following:​ 76.8 (1) experiencing a life threatening mental health crisis;​ 76.9 (2) needing a higher level of care;​ 76.10 (3) worsening symptoms without mental health intervention;​ 76.11 (4) harm to self, others, or property damage; or​ 76.12 (5) significant disruption of functioning in at least one life area.​ 76.13 (b) "Psychotherapy for crisis" means treatment of a client to reduce the client's mental​ 76.14 health crisis through immediate assessment and psychotherapeutic interventions.​ 76.15 Psychotherapy for crisis must include:​ 76.16 (1) emergency assessment of the crisis situation;​ 76.17 (2) mental status exam;​ 76.18 (3) psychotherapeutic interventions to reduce the crisis; and​ 76.19 (4) development of a post-crisis plan that addresses the recipient's coping skills and​ 76.20 community resources.​ 76.21 EFFECTIVE DATE. This section is effective the day following final enactment.​ 76.22 Sec. 4. Laws 2023, chapter 55, article 7, section 18, subdivision 4, as amended by Laws​ 76.23 2024, chapter 81, section 18, is amended to read:​ 76.24 Subd. 4. Special education; regular. (a) For special education aid under Minnesota​ 76.25 Statutes, section 125A.75:​ 2024​ .....​ 2,288,826,000​ 76.26 $​ 2025​ .....​ 76.27 2,485,140,000​ 2,486,181,000​ 76.28 $​ 76.29 (b) The 2024 appropriation includes $229,860,000 for 2023 and $2,058,966,000 for​ 76.30 2024.​ 76​ Article 7 Sec. 4.​ REVISOR CR H5237-4​ HF5237 FOURTH ENGROSSMENT​ 77.1 (c) The 2025 appropriation includes $289,842,000 for 2024 and $2,195,298,000​ 77.2 $2,196,339,000 for 2025.​ 77.3 ARTICLE 8​ 77.4 SCHOOL FACILITIES​ 77.5 Section 1. Minnesota Statutes 2022, section 123B.71, subdivision 8, is amended to read:​ 77.6 Subd. 8. Review and comment. A school district, a special education cooperative, or​ 77.7 a cooperative unit of government, as defined in section 123A.24, subdivision 2, must not​ 77.8 initiate enter into an installment contract for purchase or a lease agreement, hold a referendum​ 77.9 for bonds, nor solicit bids for new construction, expansion, or remodeling of an educational​ 77.10 facility that requires an expenditure in excess of $500,000 per school site if it has a capital​ 77.11 loan outstanding, or $2,000,000 per school site if it does not have a capital loan outstanding,​ 77.12 prior to review and comment by the commissioner. A facility addition, maintenance project,​ 77.13 or remodeling project New construction, expansion, or remodeling of an educational facility​ 77.14 funded only with general education revenue, lease levy proceeds from an additional capital​ 77.15 expenditure levy under section 126C.40, subdivision 1, capital facilities bond proceeds, or​ 77.16 long-term facilities maintenance revenue is exempt from this provision. A capital project​ 77.17 under section 123B.63 addressing only technology is exempt from this provision if the​ 77.18 district submits a school board resolution stating that funds approved by the voters will be​ 77.19 used only as authorized in section 126C.10, subdivision 14. A school board shall not separate​ 77.20 portions of a single project into components to avoid the requirements of this subdivision.​ 77.21 Sec. 2. Minnesota Statutes 2023 Supplement, section 123B.71, subdivision 12, is amended​ 77.22 to read:​ 77.23 Subd. 12. Publication. (a) At least 48 days but not more than 60 70 days before a​ 77.24 referendum for bonds under chapter 475 or solicitation of bids for a project that has received​ 77.25 a positive or unfavorable review and comment under section 123B.70, the school board​ 77.26 shall publish a summary of the commissioner's review and comment of that project in the​ 77.27 legal newspaper of the district. The school board must hold a public meeting to discuss the​ 77.28 commissioner's review and comment before the such a referendum for bonds. Supplementary​ 77.29 information shall be available to the public. Where no such referendum for bonds is required,​ 77.30 the publication and public meeting requirements of this subdivision shall not apply.​ 77.31 (b) The publication requirement in paragraph (a) does not apply to alternative facilities​ 77.32 projects approved under section 123B.595.​ 77​ Article 8 Sec. 2.​ REVISOR CR H5237-4​ HF5237 FOURTH ENGROSSMENT​ 78.1 Sec. 3. Minnesota Statutes 2023 Supplement, section 126C.40, subdivision 6, is amended​ 78.2 to read:​ 78.3 Subd. 6. Lease purchase; installment buys. (a) Upon application to, and approval by,​ 78.4 the commissioner in accordance with the procedures and limits in subdivision 1, paragraphs​ 78.5 (a) and (b), a district, as defined in this subdivision, may:​ 78.6 (1) purchase real or personal property under an installment contract or may lease real​ 78.7 or personal property with an option to purchase under a lease purchase agreement, by which​ 78.8 installment contract or lease purchase agreement title is kept by the seller or vendor or​ 78.9 assigned to a third party as security for the purchase price, including interest, if any; and​ 78.10 (2) annually levy the amounts necessary to pay the district's obligations under the​ 78.11 installment contract or lease purchase agreement.​ 78.12 (b) The obligation created by the installment contract or the lease purchase agreement​ 78.13 must not be included in the calculation of net debt for purposes of section 475.53, and does​ 78.14 not constitute debt under other law. An election is not required in connection with the​ 78.15 execution of the installment contract or the lease purchase agreement.​ 78.16 (c) The proceeds of the levy authorized by this subdivision must not be used to acquire​ 78.17 a facility to be primarily used for athletic or school administration purposes.​ 78.18 (d) For the purposes of this subdivision, "district" means:​ 78.19 (1) Special School District No. 1, Minneapolis, Independent School District No. 625,​ 78.20 St. Paul, Independent School District No. 709, Duluth, or Independent School District No.​ 78.21 535, Rochester, if the district's desegregation plan has been determined by the commissioner​ 78.22 to be in compliance with Department of Education rules relating to equality of educational​ 78.23 opportunity and where the acquisition of property under this subdivision is determined by​ 78.24 the commissioner to contribute to the implementation of the desegregation plan; or​ 78.25 (2) other districts eligible for revenue under section 124D.862 if the facility acquired​ 78.26 under this subdivision is to be primarily used for a joint program for interdistrict​ 78.27 desegregation and the commissioner determines that the joint programs are being undertaken​ 78.28 to implement the districts' desegregation plan.​ 78.29 (e) Notwithstanding subdivision 1, the prohibition against a levy by a district to lease​ 78.30 or rent a district-owned building to itself does not apply to levies otherwise authorized by​ 78.31 this subdivision.​ 78.32 (f) For the purposes of this subdivision, any references in subdivision 1 to building or​ 78.33 land shall include personal property.​ 78​ Article 8 Sec. 3.​ REVISOR CR H5237-4​ HF5237 FOURTH ENGROSSMENT​ 79.1 (g) Projects funded under this subdivision that require an expenditure in excess of​ 79.2 $500,000 per school site if the school district has a capital loan outstanding, or $2,000,000​ 79.3 per school site if the school district does not have a capital loan outstanding, are subject to​ 79.4 review and comment under section 123B.71, subdivision 8, in the same manner as other​ 79.5 school construction projects. Provided no referendum for bonds is required, the school board​ 79.6 must discuss the commissioner's determination of a review and comment and the district's​ 79.7 approved achievement and integration plan findings at a regular or special school board​ 79.8 meeting within 45 days of the commissioner's determination. A school board's failure to​ 79.9 comply with the discussion requirement in this paragraph shall not otherwise affect the​ 79.10 legality, validity, or binding nature of any school district action or obligation not subject to​ 79.11 referendum.​ 79.12 Sec. 4. Laws 2023, chapter 55, article 8, section 19, subdivision 5, is amended to read:​ 79.13 Subd. 5. Grants for gender-neutral single-user restrooms. (a) For grants to school​ 79.14 districts for remodeling, constructing, or repurposing space for gender-neutral single-user​ 79.15 restrooms:​ 2024​ .....​ 1,000,000​ 79.16 $​ 2025​ .....​ 1,000,000​ 79.17 $​ 79.18 (b) A school district or a cooperative unit under Minnesota Statutes, section 123A.24,​ 79.19 subdivision 2, may apply for a grant of not more than $75,000 per site under this subdivision​ 79.20 in the form and manner specified by the commissioner. The commissioner must award at​ 79.21 least one grant under this subdivision to Independent School District No. 709, Duluth, for​ 79.22 a demonstration grant for a project awaiting construction.​ 79.23 (c) The commissioner must ensure that grants are awarded to schools to reflect the​ 79.24 geographic diversity of the state.​ 79.25 (d) Up to $75,000 each year is available for grant administration and monitoring.​ 79.26 (e) By February 1 of each year, the commissioner must annually report to the committees​ 79.27 of the legislature with jurisdiction over education on the number of grants that were awarded​ 79.28 each year and the number of grant applications that were unfunded during that year.​ 79.29 (f) Any balance in the first year does not cancel but is available in the second year.​ 79.30 EFFECTIVE DATE. This section is effective the day following final enactment.​ 79​ Article 8 Sec. 4.​ REVISOR CR H5237-4​ HF5237 FOURTH ENGROSSMENT​ 80.1 Sec. 5. Laws 2023, chapter 55, article 8, section 19, subdivision 6, as amended by Laws​ 80.2 2024, chapter 81, section 22, is amended to read:​ 80.3 Subd. 6. Long-term facilities maintenance equalized aid. (a) For long-term facilities​ 80.4 maintenance equalized aid under Minnesota Statutes, section 123B.595, subdivision 9:​ 2024​ .....​ 107,905,000​ 80.5 $​ 2025​ .....​ 80.6 107,630,000​ 107,865,000​ 80.7 $​ 80.8 (b) The 2024 appropriation includes $10,821,000 for 2023 and $97,084,000 for 2024.​ 80.9 (c) The 2025 appropriation includes $10,787,000 for 2024 and $96,843,000 $97,078,000​ 80.10 for 2025.​ 80.11 ARTICLE 9​ 80.12 SCHOOL NUTRITION AND LIBRARIES​ 80.13 Section 1. Minnesota Statutes 2023 Supplement, section 124D.111, subdivision 3, is​ 80.14 amended to read:​ 80.15 Subd. 3. School food service fund. (a) The expenses described in this subdivision must​ 80.16 be recorded as provided in this subdivision.​ 80.17 (b) In each district, the expenses for a school food service program for pupils must be​ 80.18 attributed to a school food service fund. Under a food service program, the school food​ 80.19 service may prepare or serve milk, meals, or snacks in connection with school or community​ 80.20 service activities.​ 80.21 (c) Revenues and expenditures for food service activities must be recorded in the food​ 80.22 service fund. The costs of processing applications, accounting for meals, preparing and​ 80.23 serving food, providing kitchen custodial services, and other expenses involving the preparing​ 80.24 of meals or the kitchen section of the lunchroom may be charged to the food service fund​ 80.25 or to the general fund of the district. The costs of lunchroom supervision, lunchroom custodial​ 80.26 services, lunchroom utilities, lunchroom furniture, and other administrative costs of the​ 80.27 food service program must be charged to the general fund.​ 80.28 That portion of superintendent and fiscal manager costs that can be documented as​ 80.29 attributable to the food service program may be charged to the food service fund provided​ 80.30 that the school district does not employ or contract with a food service director or other​ 80.31 individual who manages the food service program, or food service management company.​ 80.32 If the cost of the superintendent or fiscal manager is charged to the food service fund, the​ 80​ Article 9 Section 1.​ REVISOR CR H5237-4​ HF5237 FOURTH ENGROSSMENT​ 81.1 charge must be at a wage rate not to exceed the statewide average for food service directors​ 81.2 as determined by the department.​ 81.3 (d) Capital expenditures for the purchase of food service equipment must be made from​ 81.4 the general fund and not the food service fund, unless the restricted balance in the food​ 81.5 service fund at the end of the last fiscal year is greater than the cost of the equipment to be​ 81.6 purchased.​ 81.7 (e) If the condition set out in paragraph (d) applies, the equipment may be purchased​ 81.8 from the food service fund.​ 81.9 (f) If a deficit in the food service fund exists at the end of a fiscal year, and the deficit​ 81.10 is not eliminated by revenues from food service operations in the next fiscal year, then the​ 81.11 deficit must be eliminated by a permanent fund transfer from the general fund at the end of​ 81.12 that second fiscal year. However, if a district contracts with a food service management​ 81.13 company during the period in which the deficit has accrued, the deficit must be eliminated​ 81.14 by a payment from the food service management company.​ 81.15 (g) Notwithstanding paragraph (f), a district may incur a deficit in the food service fund​ 81.16 for up to three years without making the permanent transfer if the district submits to the​ 81.17 commissioner by January 1 of the second fiscal year a plan for eliminating that deficit at​ 81.18 the end of the third fiscal year.​ 81.19 (h) If a surplus in the food service fund exists at the end of a fiscal year for three​ 81.20 successive years, a district may recode for that fiscal year the costs of lunchroom supervision,​ 81.21 lunchroom custodial services, lunchroom utilities, lunchroom furniture, and other​ 81.22 administrative costs of the food service program charged to the general fund according to​ 81.23 paragraph (c) and charge those costs to the food service fund in a total amount not to exceed​ 81.24 the amount of surplus in the food service fund.​ 81.25 (i) For purposes of this subdivision, "lunchroom furniture" means tables and chairs​ 81.26 regularly used by pupils in a lunchroom from which they may consume milk, meals, or​ 81.27 snacks in connection with school or community service activities.​ 81.28 EFFECTIVE DATE. This section is effective for fiscal year 2024 and later.​ 81.29 Sec. 2. [127A.151] STATE SCHOOL LIBRARIAN.​ 81.30 (a) The Department of Education must employ a state school librarian within the State​ 81.31 Library Services Division of the department to provide technical assistance to licensed​ 81.32 school library media specialists and licensed school librarians. The state school librarian​ 81.33 must be or have been a licensed school library media specialist.​ 81​ Article 9 Sec. 2.​ REVISOR CR H5237-4​ HF5237 FOURTH ENGROSSMENT​ 82.1 (b) The responsibilities of the state school librarian include but are not limited to providing​ 82.2 advice and guidance in academic standards development and statewide library data collection​ 82.3 from district and charter schools, and related activities. The state school librarian may​ 82.4 provide advice and guidance to the Department of Education staff responsible for​ 82.5 administering state library aid and monitoring district compliance. The state school librarian​ 82.6 must support district and charter schools on issues of intellectual freedom, media and digital​ 82.7 literacy, and growing lifelong readers. The state school librarian must share information​ 82.8 about available grant funds and resources, work with the Professional Educator Licensing​ 82.9 and Standards Board to support licensure acquisition, and support professional development​ 82.10 for licensed school library media specialists and licensed school librarians.​ 82.11 Sec. 3. Minnesota Statutes 2022, section 127A.45, subdivision 12, is amended to read:​ 82.12 Subd. 12. Payment percentage for certain aids. One hundred percent of the aid for​ 82.13 the current fiscal year must be paid for the following aids: reimbursement for enrollment​ 82.14 options transportation, according to sections 124D.03, subdivision 8, and 124D.09,​ 82.15 subdivision 22, and chapter 124E; school lunch aid, according to section 124D.111;, and​ 82.16 support services aid, for persons who are deaf, deafblind, and hard-of-hearing according to​ 82.17 section 124D.57.​ 82.18 EFFECTIVE DATE. This section is effective July 1, 2024.​ 82.19 Sec. 4. Minnesota Statutes 2022, section 127A.45, subdivision 13, is amended to read:​ 82.20 Subd. 13. Aid payment percentage. Except as provided in subdivisions 11, 12, 12a,​ 82.21 and 14, and 14a, each fiscal year, all education aids and credits in this chapter and chapters​ 82.22 120A, 120B, 121A, 122A, 123A, 123B, 124D, 124E, 125A, 125B, 126C, 134, and section​ 82.23 273.1392, shall be paid at the current year aid payment percentage of the estimated​ 82.24 entitlement during the fiscal year of the entitlement. For the purposes of this subdivision,​ 82.25 a district's estimated entitlement for special education aid under section 125A.76 for fiscal​ 82.26 year 2014 and later equals 97.4 percent of the district's entitlement for the current fiscal​ 82.27 year. The final adjustment payment, according to subdivision 9, must be the amount of the​ 82.28 actual entitlement, after adjustment for actual data, minus the payments made during the​ 82.29 fiscal year of the entitlement.​ 82.30 EFFECTIVE DATE. This section is effective July 1, 2024.​ 82​ Article 9 Sec. 4.​ REVISOR CR H5237-4​ HF5237 FOURTH ENGROSSMENT​ 83.1 Sec. 5. Minnesota Statutes 2022, section 127A.45, subdivision 14a, is amended to read:​ 83.2 Subd. 14a. State nutrition programs. Notwithstanding subdivision subdivisions 3 and​ 83.3 13, the state shall pay 100 percent of the aid for the current year according to sections​ 83.4 124D.111, 124D.1158, and 124D.118 based on submitted monthly vouchers showing meals​ 83.5 and milk served.​ 83.6 EFFECTIVE DATE. This section is effective July 1, 2024.​ 83.7 Sec. 6. Minnesota Statutes 2023 Supplement, section 134.356, is amended by adding a​ 83.8 subdivision to read:​ 83.9 Subd. 1a. State school librarian. In fiscal year 2026 and each fiscal year thereafter, the​ 83.10 Department of Education may retain up to $130,000 of the amount appropriated for school​ 83.11 library aid under this section for the costs of the state school librarian under section 127A.151.​ 83.12 The aid for each school district and charter school under subdivision 1 must be reduced​ 83.13 proportionately. The reduction in aid under this subdivision must be applied to the current​ 83.14 year aid payment.​ 83.15 EFFECTIVE DATE. This section is effective July 1, 2024.​ 83.16 Sec. 7. Minnesota Statutes 2023 Supplement, section 134.356, is amended by adding a​ 83.17 subdivision to read:​ 83.18 Subd. 3. Report. By January 15, 2025, and annually thereafter, the commissioner of​ 83.19 education must report to the chairs and ranking minority members of the legislative​ 83.20 committees with jurisdiction over kindergarten through grade 12 education on how school​ 83.21 districts and charter schools used aid under this section in the previous fiscal year. In​ 83.22 preparing the report, the commissioner may use information available from the uniform​ 83.23 financial accounting and reporting system. The report must be filed in accordance with​ 83.24 section 3.195.​ 83.25 Sec. 8. Laws 2023, chapter 18, section 4, subdivision 2, as amended by Laws 2023, chapter​ 83.26 55, article 9, section 16, and Laws 2024, chapter 81, section 23, is amended to read:​ 83.27 Subd. 2. School lunch. For school lunch aid under Minnesota Statutes, section 124D.111,​ 83.28 including the amounts for the free school meals program:​ 2024​ .....​ 218,801,000​ 83.29 $​ 2025​ .....​ 83.30 238,987,000​ 239,686,000​ 83.31 $​ 83​ Article 9 Sec. 8.​ REVISOR CR H5237-4​ HF5237 FOURTH ENGROSSMENT​ 84.1 Sec. 9. Laws 2023, chapter 18, section 4, subdivision 3, as amended by Laws 2023, chapter​ 84.2 55, article 9, section 17, and Laws 2024, chapter 81, section 24, is amended to read:​ 84.3 Subd. 3. School breakfast. For school breakfast aid under Minnesota Statutes, section​ 84.4 124D.1158:​ 2024​ .....​ 44,178,000​ 84.5 $​ 2025​ .....​ 84.6 48,334,000​ 48,747,000​ 84.7 $​ 84.8 Sec. 10. REVISOR INSTRUCTION.​ 84.9 The revisor of statutes shall renumber Minnesota Statutes, section 134.356, as Minnesota​ 84.10 Statutes, section 124D.992, and make any necessary changes to statutory cross-references​ 84.11 to reflect these changes.​ 84.12 ARTICLE 10​ 84.13 STATE AGENCIES​ 84.14 Section 1. Minnesota Statutes 2022, section 13.321, is amended by adding a subdivision​ 84.15 to read:​ 84.16 Subd. 12. Office of the Inspector General; access to data. Data involving the​ 84.17 Department of Education's Office of the Inspector General are governed by section 127A.21.​ 84.18 EFFECTIVE DATE. This section is effective the day following final enactment.​ 84.19 Sec. 2. Minnesota Statutes 2023 Supplement, section 127A.21, is amended to read:​ 84.20 127A.21 OFFICE OF THE INSPECTOR GENERAL.​ 84.21 Subdivision 1. Establishment of Office of the Inspector General; powers; duties. The​ 84.22 commissioner must establish within the department an Office of the Inspector General. The​ 84.23 inspector general shall report directly to the commissioner. The Office of the Inspector​ 84.24 General is charged with protecting the integrity of the department and the state by detecting​ 84.25 and preventing fraud, waste, and abuse in department programs. The Office of the Inspector​ 84.26 General must conduct independent and objective investigations to promote the integrity of​ 84.27 the department's programs and operations. When fraud or other misuse of public funds is​ 84.28 detected, the Office of the Inspector General must report it to the appropriate law enforcement​ 84.29 entity and collaborate and cooperate with law enforcement to assist in the investigation and​ 84.30 any subsequent civil and criminal prosecution.​ 84​ Article 10 Sec. 2.​ REVISOR CR H5237-4​ HF5237 FOURTH ENGROSSMENT​ 85.1 Subd. 1a. Definitions. (a) For purposes of this section, the following terms have the​ 85.2 meanings given.​ 85.3 (b) "Abuse" means actions that may, directly or indirectly, result in unnecessary costs​ 85.4 to department programs. Abuse may involve paying for items or services when there is no​ 85.5 legal entitlement to that payment.​ 85.6 (c) "Department program" means a program funded by the Department of Education​ 85.7 that involves the transfer or disbursement of public funds or other resources to a program​ 85.8 participant. "Department program" includes state and federal aids or grants received by a​ 85.9 school district or charter school or other program participant.​ 85.10 (d) "Fraud" means an intentional or deliberate act to deprive another of property or​ 85.11 money or to acquire property or money by deception or other unfair means. Fraud includes​ 85.12 intentionally submitting false information to the department for the purpose of obtaining a​ 85.13 greater compensation or benefit than that to which the person is legally entitled. Fraud also​ 85.14 includes failure to correct errors in the maintenance of records in a timely manner after a​ 85.15 request by the department.​ 85.16 (e) "Investigation" means an audit, investigation, proceeding, or inquiry by the Office​ 85.17 of the Inspector General related to a program participant in a department program.​ 85.18 (f) "Program participant" means any entity or person, including associated persons, that​ 85.19 receives, disburses, or has custody of funds or other resources transferred or disbursed under​ 85.20 a department program.​ 85.21 (g) "Waste" means practices that, directly or indirectly, result in unnecessary costs to​ 85.22 department programs, such as misusing resources.​ 85.23 (h) For purposes of this section, neither "fraud," "waste," nor "abuse" includes decisions​ 85.24 on instruction, curriculum, personnel, or other discretionary policy decisions made by a​ 85.25 school district, charter school, cooperative unit as defined by section 123A.24, subdivision​ 85.26 2, or any library, library system, or library district defined in section 134.001.​ 85.27 Subd. 2. Data practices; Hiring; reporting; procedures. The Office of the Inspector​ 85.28 General has access to all program data, regardless of classification under chapter 13, held​ 85.29 by the department, school districts or charter schools, grantees, and any other recipient of​ 85.30 funds from the department. (a) The commissioner, or the commissioner's designee, must​ 85.31 hire an inspector general to lead the Office of the Inspector General. The inspector general​ 85.32 must hire a deputy inspector general and, at the discretion of the inspector general, sufficient​ 85​ Article 10 Sec. 2.​ REVISOR CR H5237-4​ HF5237 FOURTH ENGROSSMENT​ 86.1 assistant inspectors general to carry out the duties of the office. The inspector general, deputy​ 86.2 inspector general, and any assistant inspectors general serve in the classified service.​ 86.3 (b) In a form and manner determined by the inspector general, the Office of the Inspector​ 86.4 General must develop a public platform for the public to report instances of potential fraud,​ 86.5 waste, or abuse of public funds administered by the department. Nothing in this paragraph​ 86.6 shall be construed to give a member of the public standing to sue based on allegations of​ 86.7 fraud, waste, or abuse.​ 86.8 (c) The inspector general shall establish procedures for conducting investigations.​ 86.9 Procedures adopted under this subdivision are not subject to chapter 14, including section​ 86.10 14.386.​ 86.11 Subd. 3. Subpoenas. (a) For the purpose of an investigation, the inspector general or a​ 86.12 designee may administer oaths and affirmations, subpoena witnesses, compel attendance,​ 86.13 take evidence, and issue subpoenas duces tecum to require the production of books, papers,​ 86.14 correspondence, memoranda, agreements, financial records, or other documents or records​ 86.15 relevant to the investigation.​ 86.16 (b) A subpoena issued pursuant to this subdivision must state that the subpoena recipient​ 86.17 may not disclose the fact that the subpoena was issued or the fact that the requested records​ 86.18 have been given to the inspector general, or their staff, except:​ 86.19 (1) in so far as the disclosure is necessary to find and disclose the records;​ 86.20 (2) pursuant to court order; or​ 86.21 (3) to legal counsel for the purposes of responding to the subpoena.​ 86.22 (c) The fees for service of a subpoena must be paid in the same manner as prescribed​ 86.23 by law for a service of process issued by a district court.​ 86.24 (d) The subpoena issued under this subdivision shall be enforceable through the district​ 86.25 court in the district where the subpoena is issued.​ 86.26 Subd. 4. Access to records. (a) For purposes of an investigation, and regardless of the​ 86.27 data's classification under chapter 13, the Office of the Inspector General shall have access​ 86.28 to all relevant books, accounts, documents, data, and property related to department programs​ 86.29 that are maintained by a program participant, charter school, or government entity as defined​ 86.30 by section 13.02.​ 86​ Article 10 Sec. 2.​ REVISOR CR H5237-4​ HF5237 FOURTH ENGROSSMENT​ 87.1 (b) Notwithstanding paragraph (a), the Office of the Inspector General must issue a​ 87.2 subpoena under subdivision 3 in order to access routing and account numbers to which​ 87.3 Department of Education funds have been disbursed.​ 87.4 (c) Records requested by the Office of the Inspector General under this subdivision shall​ 87.5 be provided in a format, place, and time frame reasonably requested by the Office of the​ 87.6 Inspector General.​ 87.7 (d) The department may enter into specific agreements with other state agencies related​ 87.8 to records requests by the Office of the Inspector General.​ 87.9 Subd. 5. Sanctions; appeal. (a) This subdivision does not authorize any sanction that​ 87.10 reduces, pauses, or otherwise interrupts state or federal aid to a school district, charter school,​ 87.11 cooperative unit as defined by section 123A.24, subdivision 2, or any library, library system,​ 87.12 or library district defined in section 134.001.​ 87.13 (b) The inspector general may recommend that the commissioner impose appropriate​ 87.14 temporary sanctions, including withholding of payments under the department program, on​ 87.15 a program participant pending an investigation by the Office of the Inspector General if:​ 87.16 (1) during the course of an investigation, the Office of the Inspector General finds credible​ 87.17 indicia of fraud, waste, or abuse by the program participant;​ 87.18 (2) there has been a criminal, civil, or administrative adjudication of fraud, waste, or​ 87.19 abuse against the program participant in Minnesota or in another state or jurisdiction;​ 87.20 (3) the program participant was receiving funds under any contract or registered in any​ 87.21 program administered by another Minnesota state agency, a government agency in another​ 87.22 state, or a federal agency, and was excluded from that contract or program for reasons​ 87.23 credibly indicating fraud, waste, or abuse by the program participant; or​ 87.24 (4) the program participant has a pattern of noncompliance with an investigation.​ 87.25 (c) If an investigation finds, by a preponderance of the evidence, fraud, waste, or abuse​ 87.26 by a program participant, the inspector general may, after reviewing all facts and evidence​ 87.27 and when acting judiciously on a case-by-case basis, recommend that the commissioner​ 87.28 impose appropriate sanctions on the program participant.​ 87.29 (d) Unless prohibited by law, the commissioner has the authority to implement​ 87.30 recommendations by the inspector general, including imposing appropriate sanctions,​ 87.31 temporarily or otherwise, on a program participant. Sanctions may include ending program​ 87.32 participation, stopping disbursement of funds or resources, monetary recovery, and​ 87.33 termination of department contracts with the participant for any current or future department​ 87​ Article 10 Sec. 2.​ REVISOR CR H5237-4​ HF5237 FOURTH ENGROSSMENT​ 88.1 program or contract. A sanction may be imposed for up to the longest period permitted by​ 88.2 state or federal law. Sanctions authorized under this subdivision are in addition to other​ 88.3 remedies and penalties available under law.​ 88.4 (e) If the commissioner imposes sanctions on a program participant under this subdivision,​ 88.5 the commissioner must notify the participant in writing within seven business days of​ 88.6 imposing the sanction, unless requested in writing by a law enforcement agency to​ 88.7 temporarily delay issuing the notice to prevent disruption of an ongoing law enforcement​ 88.8 agency investigation. A notice of sanction must state:​ 88.9 (1) the sanction being imposed;​ 88.10 (2) the general allegations that form the basis for the sanction;​ 88.11 (3) the duration of the sanction;​ 88.12 (4) the department programs to which the sanction applies; and​ 88.13 (5) how the program participant may appeal the sanction pursuant to paragraph (e).​ 88.14 (f) A program participant sanctioned under this subdivision may, within 30 days after​ 88.15 the date the notice of sanction was mailed to the participant, appeal the determination by​ 88.16 requesting in writing that the commissioner initiate a contested case proceeding under​ 88.17 chapter 14. The scope of any contested case hearing is limited to the sanction imposed under​ 88.18 this subdivision. An appeal request must specify with particularity each disputed item, the​ 88.19 reason for the dispute, and must include the name and contact information of the person or​ 88.20 entity that may be contacted regarding the appeal.​ 88.21 (g) The commissioner shall lift sanctions imposed under this subdivision if the Office​ 88.22 of the Inspector General determines there is insufficient evidence of fraud, waste, or abuse​ 88.23 by the program participant. The commissioner must notify the participant in writing within​ 88.24 seven business days of lifting the sanction.​ 88.25 Subd. 6. Data practices. (a) It is not a violation of rights conferred by chapter 13 or any​ 88.26 other statute related to the confidentiality of government data for a government entity as​ 88.27 defined in section 13.02 to provide data or information under this section.​ 88.28 (b) The inspector general is subject to the Government Data Practices Act, chapter 13,​ 88.29 and shall protect from unlawful disclosure data classified as not public. Data collected,​ 88.30 created, received, or maintained by the inspector general relating to an audit, investigation,​ 88.31 proceeding, or inquiry are subject to section 13.39.​ 88​ Article 10 Sec. 2.​ REVISOR CR H5237-4​ HF5237 FOURTH ENGROSSMENT​ 89.1 Subd. 7. Retaliation, interference prohibited. (a) An employee or other individual​ 89.2 who discloses information to the Office of the Inspector General about fraud, waste, or​ 89.3 abuse in department programs is protected under section 181.932, governing disclosure of​ 89.4 information by employees.​ 89.5 (b) No state employee may interfere with or obstruct an investigation authorized by this​ 89.6 section.​ 89.7 EFFECTIVE DATE. This section is effective the day following final enactment.​ 89.8 Sec. 3. Laws 2023, chapter 55, article 12, section 17, subdivision 2, is amended to read:​ 89.9 Subd. 2. Department. (a) For the Department of Education:​ 2024​ .....​ 47,005,000​ 89.10 $​ 2025​ .....​ 89.11 39,922,000​ 40,052,000​ 89.12 $​ 89.13 Of these amounts:​ 89.14 (1) $405,000 each year is for the Board of School Administrators;​ 89.15 (2) $1,000,000 each year is for regional centers of excellence under Minnesota Statutes,​ 89.16 section 120B.115;​ 89.17 (3) $720,000 each year is for implementing Minnesota's Learning for English Academic​ 89.18 Proficiency and Success Act (LEAPS) under Laws 2014, chapter 272, article 1, as amended;​ 89.19 (4) $480,000 each year is for the Department of Education's mainframe update;​ 89.20 (5) $7,500,000 in fiscal year 2024 only is for legal fees and costs associated with​ 89.21 litigation;​ 89.22 (6) $595,000 in fiscal year 2024 and $2,609,000 in fiscal year 2025 are for modernizing​ 89.23 district data submissions. The base for fiscal year 2026 and later is $2,359,000;​ 89.24 (7) $573,000 each year is for engagement and rulemaking related to Specific Learning​ 89.25 Disability;​ 89.26 (8) $150,000 each year is for an ethnic studies specialist in the academic standards​ 89.27 division to provide support to the ethnic studies working group and to school districts seeking​ 89.28 to establish or strengthen ethnic studies courses;​ 89.29 (9) $150,000 each year is for the comprehensive school mental health services lead under​ 89.30 Minnesota Statutes, section 127A.215;​ 89​ Article 10 Sec. 3.​ REVISOR CR H5237-4​ HF5237 FOURTH ENGROSSMENT​ 90.1 (10) $150,000 each year is for a school health services specialist under Minnesota​ 90.2 Statutes, section 121A.20;​ 90.3 (11) $2,000,000 each year is for the Office of the Inspector General established under​ 90.4 Minnesota Statutes, section 127A.21;​ 90.5 (12) $800,000 each year is for audit and internal control resources;​ 90.6 (13) $2,000,000 in fiscal year 2024 only is for information technology infrastructure​ 90.7 and portfolio resources;​ 90.8 (14) $2,000,000 each year is for staffing the Equity, Diversity and Inclusion (EDI) Center​ 90.9 at the Department of Education; and​ 90.10 (15) $275,000 in fiscal year 2024 and $175,000 in fiscal year 2025 are for administrative​ 90.11 expenses for unemployment aid; and​ 90.12 (16) $130,000 in fiscal year 2025 only is for the state school librarian under Minnesota​ 90.13 Statutes, section 127A.151.​ 90.14 (b) None of the amounts appropriated under this subdivision may be used for Minnesota's​ 90.15 Washington, D.C., office.​ 90.16 (c) The expenditures of federal grants and aids as shown in the biennial budget document​ 90.17 and its supplements are approved and appropriated and must be spent as indicated.​ 90.18 (d) The base for fiscal year 2026 and later is $39,667,000.​ 90.19 Sec. 4. PERMANENT SCHOOL FUND; DISTRIBUTION OF ENDOWMENT​ 90.20 FUND EARNINGS TASK FORCE.​ 90.21 Subdivision 1. Task force established. A task force of nine members is established to​ 90.22 examine the distribution of earnings from the permanent school fund endowment.​ 90.23 Subd. 2. Membership qualifications and appointments. (a) Appointed members of​ 90.24 the task force must have outstanding professional experience in at least one of the following​ 90.25 areas:​ 90.26 (1) institutional asset management;​ 90.27 (2) investment finance;​ 90.28 (3) trust administration;​ 90.29 (4) investment fund accounting;​ 90.30 (5) investment banking; or​ 90​ Article 10 Sec. 4.​ REVISOR CR H5237-4​ HF5237 FOURTH ENGROSSMENT​ 91.1 (6) the practice of law in the areas of capital markets, securities funds, trusts, foundations,​ 91.2 or endowments.​ 91.3 (b) The task force consists of the following nine members, each of whom must be​ 91.4 appointed by September 1, 2024:​ 91.5 (1) the commissioner of education or the commissioner's designee;​ 91.6 (2) an employee or other member appointed by the State Board of Investment;​ 91.7 (3) four members appointed by the governor; and​ 91.8 (4) three members appointed by vote of the Legislative Permanent School Fund​ 91.9 Commission.​ 91.10 (c) The first meeting of the task force must be called by the commissioner of education​ 91.11 no later than October 1, 2024. The Department of Education must provide staff, technical​ 91.12 assistance, and organizational support for the task force.​ 91.13 Subd. 3. Duties. The task force must examine the historical returns on the permanent​ 91.14 school fund endowment and evaluate and recommend potential changes to the distribution​ 91.15 of earnings. The task force may examine school trust endowment policies in other states.​ 91.16 The task force recommendations may include proposed changes to state statutes and​ 91.17 Minnesota's constitutional provisions governing the school trust fund endowment.​ 91.18 Subd. 4. Report; expiration. The task force must report its recommendations to the​ 91.19 chairs and ranking minority members of the legislative committees with jurisdiction over​ 91.20 the permanent school fund by January 15, 2026. The task force report must be submitted​ 91.21 consistent with Minnesota Statutes, section 3.195. The task force expires on January 15,​ 91.22 2026, or upon submission of the report required under this subdivision, whichever occurs​ 91.23 earlier.​ 91.24 Sec. 5. APPROPRIATION; PROFESSIONAL EDUCATOR LICENSING AND​ 91.25 STANDARDS BOARD.​ 91.26 Subdivision 1. Professional Educator Licensing and Standards Board. The sum​ 91.27 indicated in this section is appropriated from the general fund to the Professional Educator​ 91.28 Licensing and Standards Board in the fiscal year designated.​ 91.29 Subd. 2. Information technology costs. (a) For information technology costs of the​ 91.30 Professional Educator Licensing and Standards Board:​ 2025​ .....​ 2,767,000​ 91.31 $​ 91​ Article 10 Sec. 5.​ REVISOR CR H5237-4​ HF5237 FOURTH ENGROSSMENT​ 92.1 (b) This is a onetime appropriation and is available until June 30, 2027.​ 92.2 Sec. 6. APPROPRIATION; PERMANENT SCHOOL FUND TASK FORCE.​ 92.3 Subdivision 1. Department of Education. The sum indicated in this section is​ 92.4 appropriated from the general fund to the Department of Education for the fiscal year​ 92.5 designated.​ 92.6 Subd. 2. Permanent School Fund Task Force. (a) To administer the task force on the​ 92.7 distribution of earnings from the permanent school fund:​ 2025​ .....​ 64,000​ 92.8 $​ 92.9 (b) This is a onetime appropriation and is available until June 30, 2026.​ 92.10 Sec. 7. REPEALER; FEDERAL EDUCATION LAW IMPLEMENTATION​ 92.11 REPORT.​ 92.12 Minnesota Statutes 2022, section 127A.095, subdivision 3, is repealed.​ 92.13 ARTICLE 11​ 92.14 EARLY CHILDHOOD EDUCATION​ 92.15 Section 1. Minnesota Statutes 2023 Supplement, section 124D.151, subdivision 6, is​ 92.16 amended to read:​ 92.17 Subd. 6. Participation limits. (a) Notwithstanding section 126C.05, subdivision 1,​ 92.18 paragraph (c), the pupil units for a voluntary prekindergarten program for an eligible school​ 92.19 district or charter school must not exceed 60 percent of the kindergarten pupil units for that​ 92.20 school district or charter school under section 126C.05, subdivision 1, paragraph (d).​ 92.21 (b) In reviewing applications under subdivision 5, the commissioner must limit the total​ 92.22 number of participants in the voluntary prekindergarten and school readiness plus programs​ 92.23 under Laws 2017, First Special Session chapter 5, article 8, section 9, to not more than 7,160​ 92.24 participants for fiscal years 2023, year 2024, and 2025, and 12,360 participants for fiscal​ 92.25 year 2026 2025 and later.​ 92.26 EFFECTIVE DATE. This section is effective the day following final enactment.​ 92​ Article 11 Section 1.​ REVISOR CR H5237-4​ HF5237 FOURTH ENGROSSMENT​ 93.1 Sec. 2. Minnesota Statutes 2023 Supplement, section 124D.165, subdivision 3, is amended​ 93.2 to read:​ 93.3 Subd. 3. Administration. (a) The commissioner shall establish a schedule of tiered​ 93.4 per-child scholarship amounts based on the results of the rate survey conducted under section​ 93.5 119B.02, subdivision 7, the cost of providing high-quality early care and learning to children​ 93.6 in varying circumstances, a family's income, and geographic location.​ 93.7 (b) Notwithstanding paragraph (a), a program that has a four-star rating under section​ 93.8 124D.142 must receive, for each scholarship recipient who meets the criteria in subdivision​ 93.9 2a, paragraph (b) or (c), an amount not less than the cost to provide full-time care at the​ 93.10 75th percentile of the most recent market rate survey under section 119B.02, subdivision​ 93.11 7.​ 93.12 (c) A four-star rated program that has children eligible for a scholarship enrolled in or​ 93.13 on a waiting list for a program beginning in July, August, or September may notify the​ 93.14 commissioner, in the form and manner prescribed by the commissioner, each year of the​ 93.15 program's desire to enhance program services or to serve more children than current funding​ 93.16 provides. The commissioner may designate a predetermined number of scholarship slots​ 93.17 for that program and notify the program of that number. For fiscal year 2018 and later, the​ 93.18 statewide amount of funding directly designated by the commissioner must not exceed the​ 93.19 funding directly designated for fiscal year 2017. Beginning July 1, 2016, a school district​ 93.20 or Head Start program qualifying under this paragraph may use its established registration​ 93.21 process to enroll scholarship recipients and may verify a scholarship recipient's family​ 93.22 income in the same manner as for other program participants.​ 93.23 (d) A scholarship is awarded for a 12-month period. If the scholarship recipient has not​ 93.24 been accepted and subsequently enrolled in a rated program within three months of the​ 93.25 awarding of the scholarship, the scholarship cancels and the recipient must reapply in order​ 93.26 to be eligible for another scholarship. An extension may be requested if a program is​ 93.27 unavailable for the child within the three-month timeline. A child may not be awarded more​ 93.28 than one scholarship in a 12-month period.​ 93.29 (e) A child who receives a scholarship who has not completed development screening​ 93.30 under sections 121A.16 to 121A.19 must complete that screening within 90 days of first​ 93.31 attending an eligible program or within 90 days after the child's third birthday if awarded​ 93.32 a scholarship under the age of three.​ 93.33 (f) For fiscal year 2017 and later, A school district or Head Start program enrolling​ 93.34 scholarship recipients under paragraph (c) may apply to the commissioner, in the form and​ 93​ Article 11 Sec. 2.​ REVISOR CR H5237-4​ HF5237 FOURTH ENGROSSMENT​ 94.1 manner prescribed by the commissioner, for direct payment of state aid. Upon receipt of​ 94.2 the application, the commissioner must pay each program directly for each approved​ 94.3 scholarship recipient enrolled under paragraph (c) according to the metered payment system​ 94.4 or another schedule established by the commissioner. This paragraph expires upon​ 94.5 implementation of the processes required under paragraph (g).​ 94.6 (g) Beginning January 1, 2026, to the extent funding is available under subdivision 6,​ 94.7 paragraph (f), the commissioner must:​ 94.8 (1) make scholarship payments to eligible programs in advance of or at the beginning​ 94.9 of the delivery of services based on an approved scholarship recipient's enrollment; and​ 94.10 (2) implement a process for transferring scholarship awards between eligible programs,​ 94.11 when initiated by a scholarship recipient. Under the process, the commissioner:​ 94.12 (i) may adjust scholarship payment schedules for eligible programs to account for changes​ 94.13 in a scholarship recipient's enrollment; and​ 94.14 (ii) must specify a period of time for which scholarship payments must continue to an​ 94.15 eligible program for a scholarship recipient who transfers to a different eligible program.​ 94.16 (h) By January 1, 2026, to the extent funding is available under subdivision 6, paragraph​ 94.17 (f), the commissioner must have information technology systems in place that prioritize​ 94.18 efficiency and usability for families and early childhood programs and that support the​ 94.19 following:​ 94.20 (1) the ability for a family to apply for a scholarship through an online system that allows​ 94.21 the family to upload documents that demonstrate scholarship eligibility;​ 94.22 (2) the administration of scholarships, including but not limited to verification of family​ 94.23 and child eligibility, identification of programs eligible to accept scholarships, management​ 94.24 of scholarship awards and payments, and communication with families and eligible programs;​ 94.25 and​ 94.26 (3) making scholarship payments to eligible programs in advance of or at the beginning​ 94.27 of the delivery of services for an approved scholarship recipient.​ 94.28 (i) In creating the information technology systems and functions under paragraph (h),​ 94.29 the commissioner must consider the requirements for and the potential transition to the great​ 94.30 start scholarships program under section 119B.99.​ 94​ Article 11 Sec. 2.​ REVISOR CR H5237-4​ HF5237 FOURTH ENGROSSMENT​ 95.1 Sec. 3. Minnesota Statutes 2023 Supplement, section 124D.165, subdivision 6, is amended​ 95.2 to read:​ 95.3 Subd. 6. Early learning scholarship account. (a) An account is established in the​ 95.4 special revenue fund known as the "early learning scholarship account."​ 95.5 (b) Funds appropriated for early learning scholarships under this section must be​ 95.6 transferred to the early learning scholarship account in the special revenue fund.​ 95.7 (c) Money in the account is annually appropriated to the commissioner for early learning​ 95.8 scholarships under this section. Any returned funds are available to be regranted.​ 95.9 (d) Up to $2,133,000 annually is appropriated to the commissioner for costs associated​ 95.10 with administering and monitoring early learning scholarships.​ 95.11 (e) The commissioner may use funds under paragraph (c) for the purpose of family​ 95.12 outreach and distribution of scholarships.​ 95.13 (f) The commissioner may use up to $5,000,000 $12,000,000 in funds under paragraph​ 95.14 (c) to create information technology systems, including but not limited to an online​ 95.15 application, a case management system, attendance tracking, and a centralized payment​ 95.16 system under subdivision 3, paragraph (h). Beginning July 1, 2025, the commissioner may​ 95.17 use up to $750,000 annually in funds under paragraph (c) to maintain the information​ 95.18 technology systems created under this paragraph. Beginning July 1, 2025, the commissioner​ 95.19 may use up to $2,400,000 annually in funds under paragraph (c) to maintain the information​ 95.20 technology systems that support the early learning scholarships program.​ 95.21 (g) By December 31 of each year, the commissioner must provide a written report to​ 95.22 the legislative committees with jurisdiction over early care and learning programs on the​ 95.23 use of funds under paragraph (c) for purposes other than providing scholarships to eligible​ 95.24 children.​ 95.25 Sec. 4. Laws 2023, chapter 54, section 20, subdivision 6, is amended to read:​ 95.26 Subd. 6. Head Start program. (a) For Head Start programs under Minnesota Statutes,​ 95.27 section 119A.52:​ 2024​ .....​ 35,100,000​ 95.28 $​ 2025​ .....​ 35,100,000​ 95.29 $​ 95.30 (b) For fiscal year 2025 and later, up to two percent of the appropriation in each year is​ 95.31 available for administration.​ 95.32 (c) Any balance in the first year does not cancel but is available in the second year.​ 95​ Article 11 Sec. 4.​ REVISOR CR H5237-4​ HF5237 FOURTH ENGROSSMENT​ 96.1 Sec. 5. Laws 2023, chapter 54, section 20, subdivision 24, is amended to read:​ 96.2 Subd. 24. Early childhood curriculum grants. (a) For competitive grants to Minnesota​ 96.3 postsecondary institutions to improve the curricula of the recipient institution's early​ 96.4 childhood education programs by incorporating or conforming to the Minnesota knowledge​ 96.5 and competency frameworks for early childhood professionals:​ 2024​ .....​ 250,000​ 96.6 $​ 2025​ .....​ 250,000​ 96.7 $​ 96.8 (b) By December 1, 2024, and again by December 1, 2025, the commissioner must​ 96.9 submit a report to the chairs and ranking minority members of the legislative committees​ 96.10 with jurisdiction over early childhood through grade 12 education and higher education​ 96.11 finance and policy reporting on grants awarded under this subdivision. The report must​ 96.12 include the following information for the previous fiscal year:​ 96.13 (1) the number of grant applications received;​ 96.14 (2) the criteria applied by the commissioner for evaluating applications;​ 96.15 (3) the number of grants awarded, grant recipients, and amounts awarded;​ 96.16 (4) early childhood education curricular reforms proposed by each recipient institution;​ 96.17 (5) grant outcomes for each recipient institution; and​ 96.18 (6) other information identified by the commissioner as outcome indicators.​ 96.19 (c) The commissioner may use no more than three percent of the appropriation under​ 96.20 this subdivision to administer the grant program.​ 96.21 (d) This is a onetime appropriation.​ 96.22 (e) Any balance in the first year does not cancel but is available in the second year.​ 96.23 EFFECTIVE DATE. This section is effective the day following final enactment.​ 96.24 Sec. 6. DIRECTION TO THE COMMISSIONER OF EDUCATION; ADJUSTING​ 96.25 VOLUNTARY PREKINDERGARTEN PARTICIPATION LIMITS.​ 96.26 The commissioner of education must retroactively adjust the voluntary prekindergarten​ 96.27 and school readiness plus seat allocation under Minnesota Statutes, section 124D.151,​ 96.28 subdivision 5a, for fiscal year 2025 to match the participation limit under Minnesota Statutes,​ 96.29 section 124D.141, subdivision 6, for fiscal year 2025. The commissioner of education, in​ 96.30 consultation with the Department of Children, Youth, and Families Implementation Office,​ 96​ Article 11 Sec. 6.​ REVISOR CR H5237-4​ HF5237 FOURTH ENGROSSMENT​ 97.1 must finish allocating the new seats for fiscal year 2025 by June 17, 2024, and must notify​ 97.2 qualifying school districts and charter schools about the new seats by July 1, 2024.​ 97.3 EFFECTIVE DATE. This section is effective the day following final enactment.​ 97.4 Sec. 7. REPEALER.​ 97.5 Laws 2023, chapter 55, article 10, section 4, is repealed.​ 97.6 ARTICLE 12​ 97.7 CHILD PROTECTION AND WELFARE​ 97.8 Section 1. Minnesota Statutes 2023 Supplement, section 256.01, subdivision 12b, is​ 97.9 amended to read:​ 97.10 Subd. 12b. Department of Human Services systemic critical incident review team. (a)​ 97.11 The commissioner may establish a Department of Human Services systemic critical incident​ 97.12 review team to review (1) critical incidents reported as required under section 626.557 for​ 97.13 which the Department of Human Services is responsible under section 626.5572, subdivision​ 97.14 13; chapter 245D; or Minnesota Rules, chapter 9544; or (2) child fatalities and near fatalities​ 97.15 that occur in licensed facilities and are not due to natural causes. When reviewing a critical​ 97.16 incident, the systemic critical incident review team shall identify systemic influences to the​ 97.17 incident rather than determine the culpability of any actors involved in the incident. The​ 97.18 systemic critical incident review may assess the entire critical incident process from the​ 97.19 point of an entity reporting the critical incident through the ongoing case management​ 97.20 process. Department staff shall lead and conduct the reviews and may utilize county staff​ 97.21 as reviewers. The systemic critical incident review process may include but is not limited​ 97.22 to:​ 97.23 (1) data collection about the incident and actors involved. Data may include the relevant​ 97.24 critical services; the service provider's policies and procedures applicable to the incident;​ 97.25 the community support plan as defined in section 245D.02, subdivision 4b, for the person​ 97.26 receiving services; or an interview of an actor involved in the critical incident or the review​ 97.27 of the critical incident. Actors may include:​ 97.28 (i) staff of the provider agency;​ 97.29 (ii) lead agency staff administering home and community-based services delivered by​ 97.30 the provider;​ 97.31 (iii) Department of Human Services staff with oversight of home and community-based​ 97.32 services;​ 97​ Article 12 Section 1.​ REVISOR CR H5237-4​ HF5237 FOURTH ENGROSSMENT​ 98.1 (iv) Department of Health staff with oversight of home and community-based services;​ 98.2 (v) members of the community including advocates, legal representatives, health care​ 98.3 providers, pharmacy staff, or others with knowledge of the incident or the actors in the​ 98.4 incident; and​ 98.5 (vi) staff from the Office of the Ombudsman for Mental Health and Developmental​ 98.6 Disabilities and the Office of Ombudsman for Long-Term Care;​ 98.7 (2) systemic mapping of the critical incident. The team conducting the systemic mapping​ 98.8 of the incident may include any actors identified in clause (1), designated representatives​ 98.9 of other provider agencies, regional teams, and representatives of the local regional quality​ 98.10 council identified in section 256B.097; and​ 98.11 (3) analysis of the case for systemic influences.​ 98.12 Data collected by the critical incident review team shall be aggregated and provided to​ 98.13 regional teams, participating regional quality councils, and the commissioner. The regional​ 98.14 teams and quality councils shall analyze the data and make recommendations to the​ 98.15 commissioner regarding systemic changes that would decrease the number and severity of​ 98.16 critical incidents in the future or improve the quality of the home and community-based​ 98.17 service system.​ 98.18 (b) Cases selected for the systemic critical incident review process shall be selected by​ 98.19 a selection committee among the following critical incident categories:​ 98.20 (1) cases of caregiver neglect identified in section 626.5572, subdivision 17;​ 98.21 (2) cases involving financial exploitation identified in section 626.5572, subdivision 9;​ 98.22 (3) incidents identified in section 245D.02, subdivision 11;​ 98.23 (4) behavior interventions identified in Minnesota Rules, part 9544.0110;​ 98.24 (5) service terminations reported to the department in accordance with section 245D.10,​ 98.25 subdivision 3a; and​ 98.26 (6) other incidents determined by the commissioner.​ 98.27 (c) The systemic critical incident review under this section shall not replace the process​ 98.28 for screening or investigating cases of alleged maltreatment of an adult under section 626.557​ 98.29 or of a child under chapter 260E. The department may select cases for systemic critical​ 98.30 incident review, under the jurisdiction of the commissioner, reported for suspected​ 98.31 maltreatment and closed following initial or final disposition.​ 98​ Article 12 Section 1.​ REVISOR CR H5237-4​ HF5237 FOURTH ENGROSSMENT​ 99.1 (d) The proceedings and records of the review team are confidential data on individuals​ 99.2 or protected nonpublic data as defined in section 13.02, subdivisions 3 and 13. Data that​ 99.3 document a person's opinions formed as a result of the review are not subject to discovery​ 99.4 or introduction into evidence in a civil or criminal action against a professional, the state,​ 99.5 or a county agency arising out of the matters that the team is reviewing. Information,​ 99.6 documents, and records otherwise available from other sources are not immune from​ 99.7 discovery or use in a civil or criminal action solely because the information, documents,​ 99.8 and records were assessed or presented during proceedings of the review team. A person​ 99.9 who presented information before the systemic critical incident review team or who is a​ 99.10 member of the team shall not be prevented from testifying about matters within the person's​ 99.11 knowledge. In a civil or criminal proceeding, a person shall not be questioned about opinions​ 99.12 formed by the person as a result of the review.​ 99.13 (e) By October 1 of each year, the commissioner shall prepare an annual public report​ 99.14 containing the following information:​ 99.15 (1) the number of cases reviewed under each critical incident category identified in​ 99.16 paragraph (b) and a geographical description of where cases under each category originated;​ 99.17 (2) an aggregate summary of the systemic themes from the critical incidents examined​ 99.18 by the critical incident review team during the previous year;​ 99.19 (3) a synopsis of the conclusions, incident analyses, or exploratory activities taken in​ 99.20 regard to the critical incidents examined by the critical incident review team; and​ 99.21 (4) recommendations made to the commissioner regarding systemic changes that could​ 99.22 decrease the number and severity of critical incidents in the future or improve the quality​ 99.23 of the home and community-based service system.​ 99.24 EFFECTIVE DATE. This section is effective July 1, 2025.​ 99.25 Sec. 2. Minnesota Statutes 2022, section 256N.26, subdivision 12, is amended to read:​ 99.26 Subd. 12. Treatment of Supplemental Security Income. (a) If a child placed in foster​ 99.27 care receives benefits through Supplemental Security Income (SSI) at the time of foster​ 99.28 care placement or subsequent to placement in foster care, the financially responsible agency​ 99.29 may apply to be the payee for the child for the duration of the child's placement in foster​ 99.30 care. If a child continues to be eligible for SSI after finalization of the adoption or transfer​ 99.31 of permanent legal and physical custody and is determined to be eligible for a payment​ 99.32 under Northstar Care for Children, a permanent caregiver may choose to receive payment​ 99.33 from both programs simultaneously. The permanent caregiver is responsible to report the​ 99​ Article 12 Sec. 2.​ REVISOR CR H5237-4​ HF5237 FOURTH ENGROSSMENT​ 100.1 amount of the payment to the Social Security Administration and the SSI payment will be​ 100.2 reduced as required by the Social Security Administration.​ 100.3 (b) If a financially responsible agency applies to be the payee for a child who receives​ 100.4 benefits through SSI, or receives the benefits under this subdivision on behalf of a child,​ 100.5 the financially responsible agency must provide written notice by certified mail, return​ 100.6 receipt requested to:​ 100.7 (1) the child, if the child is 13 years of age or older;​ 100.8 (2) the child's parent, guardian, or custodian or if there is no legal parent or custodian​ 100.9 the child's relative selected by the agency;​ 100.10 (3) the guardian ad litem;​ 100.11 (4) the legally responsible agency; and​ 100.12 (5) the counsel appointed for the child pursuant to section 260C.163, subdivision 3.​ 100.13 (c) If a financially responsible agency receives benefits under this subdivision on behalf​ 100.14 of a child 13 years of age or older, the legally responsible agency and the guardian ad litem​ 100.15 must disclose this information to the child in person in a manner that best helps the child​ 100.16 understand the information. This paragraph does not apply in circumstances where the child​ 100.17 is living outside of Minnesota.​ 100.18 (d) If a financially responsible agency receives the benefits under this subdivision on​ 100.19 behalf of a child, it cannot use those funds for any other purpose than the care of that child.​ 100.20 The financially responsible agency must not commingle any benefits received under this​ 100.21 subdivision and must not put the benefits received on behalf of a child under this subdivision​ 100.22 into a general fund.​ 100.23 (e) If a financially responsible agency receives any benefits under this subdivision, it​ 100.24 must keep a record of:​ 100.25 (1) the total dollar amount it received on behalf of all children it receives benefits for;​ 100.26 (2) the total number of children it applied to be a payee for; and​ 100.27 (3) the total number of children it received benefits for.​ 100.28 (f) By July 1, 2025, and each July 1 thereafter, each financially responsible agency must​ 100.29 submit a report to the commissioner of children, youth, and families that includes the​ 100.30 information required under paragraph (e). By September 1 of each year, the commissioner​ 100.31 must submit a report to the chairs and ranking minority members of the legislative committees​ 100.32 with jurisdiction over child protection that compiles the information provided to the​ 100​ Article 12 Sec. 2.​ REVISOR CR H5237-4​ HF5237 FOURTH ENGROSSMENT​ 101.1 commissioner by each financially responsible agency under paragraph (e); subdivision 13,​ 101.2 paragraph (e); and section 260C.331, subdivision 7, paragraph (d). This paragraph expires​ 101.3 January 31, 2034.​ 101.4 Sec. 3. Minnesota Statutes 2022, section 256N.26, subdivision 13, is amended to read:​ 101.5 Subd. 13. Treatment of Retirement survivor's, Survivors, and Disability Insurance,;​ 101.6 veteran's benefits,; railroad retirement benefits,; and black lung benefits. (a) If a child​ 101.7 placed in foster care receives Retirement survivor's, Survivors, and Disability Insurance,;​ 101.8 veteran's benefits,; railroad retirement benefits,; or black lung benefits at the time of foster​ 101.9 care placement or subsequent to placement in foster care, the financially responsible agency​ 101.10 may apply to be the payee for the child for the duration of the child's placement in foster​ 101.11 care. If it is anticipated that a child will be eligible to receive Retirement survivor's, Survivors,​ 101.12 and Disability Insurance,; veteran's benefits,; railroad retirement benefits,; or black lung​ 101.13 benefits after finalization of the adoption or assignment of permanent legal and physical​ 101.14 custody, the permanent caregiver shall apply to be the payee of those benefits on the child's​ 101.15 behalf.​ 101.16 (b) If the financially responsible agency applies to be the payee for a child who receives​ 101.17 Retirement, Survivors, and Disability Insurance; veteran's benefits; railroad retirement​ 101.18 benefits; or black lung benefits, or receives the benefits under this subdivision on behalf of​ 101.19 a child, the financially responsible agency must provide written notice by certified mail,​ 101.20 return receipt requested to:​ 101.21 (1) the child, if the child is 13 years of age or older;​ 101.22 (2) the child's parent, guardian, or custodian or if there is no legal parent or custodian​ 101.23 the child's relative selected by the agency;​ 101.24 (3) the guardian ad litem;​ 101.25 (4) the legally responsible agency; and​ 101.26 (5) the counsel appointed for the child pursuant to section 260C.163, subdivision 3.​ 101.27 (c) If a financially responsible agency receives benefits under this subdivision on behalf​ 101.28 of a child 13 years of age or older, the legally responsible agency and the guardian ad litem​ 101.29 must disclose this information to the child in person in a manner that best helps the child​ 101.30 understand the information. This paragraph does not apply in circumstances where the child​ 101.31 is living outside of Minnesota.​ 101​ Article 12 Sec. 3.​ REVISOR CR H5237-4​ HF5237 FOURTH ENGROSSMENT​ 102.1 (d) If a financially responsible agency receives the benefits under this subdivision on​ 102.2 behalf of a child, it cannot use those funds for any other purpose than the care of that child.​ 102.3 The financially responsible agency must not commingle any benefits received under this​ 102.4 subdivision and must not put the benefits received on behalf of a child under this subdivision​ 102.5 into a general fund.​ 102.6 (e) If a financially responsible agency receives any benefits under this subdivision, it​ 102.7 must keep a record of:​ 102.8 (1) the total dollar amount it received on behalf of all children it receives benefits for;​ 102.9 (2) the total number of children it applied to be a payee for; and​ 102.10 (3) the total number of children it received benefits for.​ 102.11 (f) By July 1, 2025 and each July 1 thereafter, each financially responsible agency must​ 102.12 submit a report to the commissioner of children, youth, and families that includes the​ 102.13 information required under paragraph (e).​ 102.14 Sec. 4. Minnesota Statutes 2023 Supplement, section 260.761, subdivision 2, is amended​ 102.15 to read:​ 102.16 Subd. 2. Notice to Tribes of services or court proceedings involving an Indian​ 102.17 child. (a) When a child-placing agency has information that a family assessment,​ 102.18 investigation, or noncaregiver sex human trafficking assessment being conducted may​ 102.19 involve an Indian child, the child-placing agency shall notify the Indian child's Tribe of the​ 102.20 family assessment, investigation, or noncaregiver sex human trafficking assessment according​ 102.21 to section 260E.18. The child-placing agency shall provide initial notice by telephone and​ 102.22 by email or facsimile and shall include the child's full name and date of birth; the full names​ 102.23 and dates of birth of the child's biological parents; and if known the full names and dates​ 102.24 of birth of the child's grandparents and of the child's Indian custodian. If information​ 102.25 regarding the child's grandparents or Indian custodian is not immediately available, the​ 102.26 child-placing agency shall continue to request this information and shall notify the Tribe​ 102.27 when it is received. Notice shall be provided to all Tribes to which the child may have any​ 102.28 Tribal lineage. The child-placing agency shall request that the Tribe or a designated Tribal​ 102.29 representative participate in evaluating the family circumstances, identifying family and​ 102.30 Tribal community resources, and developing case plans. The child-placing agency shall​ 102.31 continue to include the Tribe in service planning and updates as to the progress of the case.​ 102.32 (b) When a child-placing agency has information that a child receiving services may be​ 102.33 an Indian child, the child-placing agency shall notify the Tribe by telephone and by email​ 102​ Article 12 Sec. 4.​ REVISOR CR H5237-4​ HF5237 FOURTH ENGROSSMENT​ 103.1 or facsimile of the child's full name and date of birth, the full names and dates of birth of​ 103.2 the child's biological parents, and, if known, the full names and dates of birth of the child's​ 103.3 grandparents and of the child's Indian custodian. This notification must be provided for the​ 103.4 Tribe to determine if the child is a member or eligible for Tribal membership, and the agency​ 103.5 must provide this notification to the Tribe within seven days of receiving information that​ 103.6 the child may be an Indian child. If information regarding the child's grandparents or Indian​ 103.7 custodian is not available within the seven-day period, the child-placing agency shall continue​ 103.8 to request this information and shall notify the Tribe when it is received. Notice shall be​ 103.9 provided to all Tribes to which the child may have any Tribal lineage.​ 103.10 (c) In all child placement proceedings, when a court has reason to believe that a child​ 103.11 placed in emergency protective care is an Indian child, the court administrator or a designee​ 103.12 shall, as soon as possible and before a hearing takes place, notify the Tribal social services​ 103.13 agency by telephone and by email or facsimile of the date, time, and location of the​ 103.14 emergency protective care or other initial hearing. The court shall make efforts to allow​ 103.15 appearances by telephone or video conference for Tribal representatives, parents, and Indian​ 103.16 custodians.​ 103.17 (d) The child-placing agency or individual petitioner shall effect service of any petition​ 103.18 governed by sections 260.751 to 260.835 by certified mail or registered mail, return receipt​ 103.19 requested upon the Indian child's parents, Indian custodian, and Indian child's Tribe at least​ 103.20 10 days before the admit-deny hearing is held. If the identity or location of the Indian child's​ 103.21 parents or Indian custodian and Tribe cannot be determined, the child-placing agency shall​ 103.22 provide the notice required in this paragraph to the United States Secretary of the Interior,​ 103.23 Bureau of Indian Affairs by certified mail, return receipt requested.​ 103.24 (e) A Tribe, the Indian child's parents, or the Indian custodian may request up to 20​ 103.25 additional days to prepare for the admit-deny hearing. The court shall allow appearances​ 103.26 by telephone, video conference, or other electronic medium for Tribal representatives, the​ 103.27 Indian child's parents, or the Indian custodian.​ 103.28 (f) A child-placing agency or individual petitioner must provide the notices required​ 103.29 under this subdivision at the earliest possible time to facilitate involvement of the Indian​ 103.30 child's Tribe. Nothing in this subdivision is intended to hinder the ability of the child-placing​ 103.31 agency, individual petitioner, and the court to respond to an emergency situation. Lack of​ 103.32 participation by a Tribe shall not prevent the Tribe from intervening in services and​ 103.33 proceedings at a later date. A Tribe may participate in a case at any time. At any stage of​ 103.34 the child-placing agency's involvement with an Indian child, the agency shall provide full​ 103.35 cooperation to the Tribal social services agency, including disclosure of all data concerning​ 103​ Article 12 Sec. 4.​ REVISOR CR H5237-4​ HF5237 FOURTH ENGROSSMENT​ 104.1 the Indian child. Nothing in this subdivision relieves the child-placing agency of satisfying​ 104.2 the notice requirements in state or federal law.​ 104.3 EFFECTIVE DATE. This section is effective July 1, 2025.​ 104.4 Sec. 5. Minnesota Statutes 2023 Supplement, section 260.762, subdivision 2, is amended​ 104.5 to read:​ 104.6 Subd. 2. Requirements for child-placing agencies and individual petitioners. A​ 104.7 child-placing agency or individual petitioner shall:​ 104.8 (1) work with the Indian child's Tribe and family to develop an alternative plan to​ 104.9 out-of-home placement;​ 104.10 (2) before making a decision that may affect an Indian child's safety and well-being or​ 104.11 when contemplating out-of-home placement of an Indian child, seek guidance from the​ 104.12 Indian child's Tribe on family structure, how the family can seek help, what family and​ 104.13 Tribal resources are available, and what barriers the family faces at that time that could​ 104.14 threaten its preservation; and​ 104.15 (3) request participation of the Indian child's Tribe at the earliest possible time and​ 104.16 request the Tribe's active participation throughout the case.; and​ 104.17 (4) notify the Indian child's Tribe or Tribes by telephone and by email or facsimile​ 104.18 immediately but no later than 24 hours after receiving information on a missing child as​ 104.19 defined under section 260C.212, subdivision 13, paragraph (a).​ 104.20 Sec. 6. Minnesota Statutes 2022, section 260C.007, subdivision 5, is amended to read:​ 104.21 Subd. 5. Child abuse. "Child abuse" means an act that involves a minor victim that​ 104.22 constitutes a violation of section 609.221, 609.222, 609.223, 609.224, 609.2242, 609.282,​ 104.23 609.322, 609.324, 609.342, 609.343, 609.344, 609.345, 609.3458, 609.377, 609.378,​ 104.24 617.246, or that is physical or sexual abuse as defined in section 260E.03, or an act committed​ 104.25 in another state that involves a minor victim and would constitute a violation of one of these​ 104.26 sections if committed in this state.​ 104.27 EFFECTIVE DATE. This section is effective July 1, 2025.​ 104.28 Sec. 7. Minnesota Statutes 2022, section 260C.007, subdivision 6, is amended to read:​ 104.29 Subd. 6. Child in need of protection or services. "Child in need of protection or​ 104.30 services" means a child who is in need of protection or services because the child:​ 104​ Article 12 Sec. 7.​ REVISOR CR H5237-4​ HF5237 FOURTH ENGROSSMENT​ 105.1 (1) is abandoned or without parent, guardian, or custodian;​ 105.2 (2)(i) has been a victim of physical or sexual abuse as defined in section 260E.03,​ 105.3 subdivision 18 or 20, (ii) resides with or has resided with a victim of child abuse as defined​ 105.4 in subdivision 5 or domestic child abuse as defined in subdivision 13, (iii) resides with or​ 105.5 would reside with a perpetrator of domestic child abuse as defined in subdivision 13 or child​ 105.6 abuse as defined in subdivision 5 or 13, or (iv) is a victim of emotional maltreatment as​ 105.7 defined in subdivision 15;​ 105.8 (3) is without necessary food, clothing, shelter, education, or other required care for the​ 105.9 child's physical or mental health or morals because the child's parent, guardian, or custodian​ 105.10 is unable or unwilling to provide that care;​ 105.11 (4) is without the special care made necessary by a physical, mental, or emotional​ 105.12 condition because the child's parent, guardian, or custodian is unable or unwilling to provide​ 105.13 that care;​ 105.14 (5) is medically neglected, which includes, but is not limited to, the withholding of​ 105.15 medically indicated treatment from an infant with a disability with a life-threatening​ 105.16 condition. The term "withholding of medically indicated treatment" means the failure to​ 105.17 respond to the infant's life-threatening conditions by providing treatment, including​ 105.18 appropriate nutrition, hydration, and medication which, in the treating physician's, advanced​ 105.19 practice registered nurse's, or physician assistant's reasonable medical judgment, will be​ 105.20 most likely to be effective in ameliorating or correcting all conditions, except that the term​ 105.21 does not include the failure to provide treatment other than appropriate nutrition, hydration,​ 105.22 or medication to an infant when, in the treating physician's, advanced practice registered​ 105.23 nurse's, or physician assistant's reasonable medical judgment:​ 105.24 (i) the infant is chronically and irreversibly comatose;​ 105.25 (ii) the provision of the treatment would merely prolong dying, not be effective in​ 105.26 ameliorating or correcting all of the infant's life-threatening conditions, or otherwise be​ 105.27 futile in terms of the survival of the infant; or​ 105.28 (iii) the provision of the treatment would be virtually futile in terms of the survival of​ 105.29 the infant and the treatment itself under the circumstances would be inhumane;​ 105.30 (6) is one whose parent, guardian, or other custodian for good cause desires to be relieved​ 105.31 of the child's care and custody, including a child who entered foster care under a voluntary​ 105.32 placement agreement between the parent and the responsible social services agency under​ 105.33 section 260C.227;​ 105​ Article 12 Sec. 7.​ REVISOR CR H5237-4​ HF5237 FOURTH ENGROSSMENT​ 106.1 (7) has been placed for adoption or care in violation of law;​ 106.2 (8) is without proper parental care because of the emotional, mental, or physical disability,​ 106.3 or state of immaturity of the child's parent, guardian, or other custodian;​ 106.4 (9) is one whose behavior, condition, or environment is such as to be injurious or​ 106.5 dangerous to the child or others. An injurious or dangerous environment may include, but​ 106.6 is not limited to, the exposure of a child to criminal activity in the child's home;​ 106.7 (10) is experiencing growth delays, which may be referred to as failure to thrive, that​ 106.8 have been diagnosed by a physician and are due to parental neglect;​ 106.9 (11) is a sexually exploited youth;​ 106.10 (12) is a labor trafficked youth;​ 106.11 (12) (13) has committed a delinquent act or a juvenile petty offense before becoming​ 106.12 ten years old;​ 106.13 (13) (14) is a runaway;​ 106.14 (14) (15) is a habitual truant;​ 106.15 (15) (16) has been found incompetent to proceed or has been found not guilty by reason​ 106.16 of mental illness or mental deficiency in connection with a delinquency proceeding, a​ 106.17 certification under section 260B.125, an extended jurisdiction juvenile prosecution, or a​ 106.18 proceeding involving a juvenile petty offense; or​ 106.19 (16) (17) has a parent whose parental rights to one or more other children were​ 106.20 involuntarily terminated or whose custodial rights to another child have been involuntarily​ 106.21 transferred to a relative and there is a case plan prepared by the responsible social services​ 106.22 agency documenting a compelling reason why filing the termination of parental rights​ 106.23 petition under section 260C.503, subdivision 2, is not in the best interests of the child.​ 106.24 EFFECTIVE DATE. This section is effective July 1, 2025.​ 106.25 Sec. 8. Minnesota Statutes 2022, section 260C.007, is amended by adding a subdivision​ 106.26 to read:​ 106.27 Subd. 33. Labor trafficked youth. For the purposes of this section, "labor trafficked​ 106.28 youth" means a child, as defined in subdivision 4, who:​ 106.29 (1) is a labor trafficking victim as defined in section 609.281, subdivision 6; or​ 106.30 (2) is a victim of severe forms of trafficking in persons as defined in United States Code,​ 106.31 title 22, section 7102(11)(B).​ 106​ Article 12 Sec. 8.​ REVISOR CR H5237-4​ HF5237 FOURTH ENGROSSMENT​ 107.1 Sec. 9. Minnesota Statutes 2022, section 260C.007, is amended by adding a subdivision​ 107.2 to read:​ 107.3 Subd. 34. Human trafficking. For purposes of this section, "human trafficking" includes​ 107.4 labor trafficking as defined in section 609.281, subdivision 5; sex trafficking as defined in​ 107.5 section 609.321, subdivision 7a; and severe forms of trafficking in persons as defined in​ 107.6 United States Code, title 22, section 7102(11).​ 107.7 Sec. 10. Minnesota Statutes 2022, section 260C.212, subdivision 13, is amended to read:​ 107.8 Subd. 13. Protecting Responding to missing and runaway children and youth at​ 107.9 risk of sex and preventing human trafficking or commercial sexual exploitation. (a)​ 107.10 For purposes of this subdivision, "missing child or youth" means a child, as defined by​ 107.11 section 260C.007, subdivision 4, who is under the legal custody of a responsible social​ 107.12 services agency, as defined by section 260C.007, subdivision 22, and is absent from the​ 107.13 foster care setting, including family foster home, residential facility or independent living​ 107.14 setting, or home of the parent or guardian during a trial home visit, and cannot be located.​ 107.15 (a) (b) The local responsible social services agency shall develop protocols to​ 107.16 expeditiously locate any missing child missing from foster care or youth.​ 107.17 (b) (c) When the local responsible social services agency shall report learns that a child​ 107.18 or youth is missing, the agency staff must immediately, but no later than 24 hours, after​ 107.19 receiving information on a missing or abducted child:​ 107.20 (1) report to the local law enforcement agency for entry into the National Crime​ 107.21 Information Center (NCIC) database of the Federal Bureau of Investigation, and to the​ 107.22 National Center for Missing and Exploited Children and document having made this report.​ 107.23 When making a report to local law enforcement and National Center for Missing and​ 107.24 Exploited Children, the agency must include, when reasonably possible:​ 107.25 (i) a photo of the child or youth;​ 107.26 (ii) a description of the child or youth's physical features, such as height, weight, sex,​ 107.27 ethnicity, race, hair color, and eye color; and​ 107.28 (iii) endangerment information, such as the child or youth's pregnancy status,​ 107.29 prescriptions, medications, suicidal tendencies, vulnerability to being trafficked, and other​ 107.30 health or risk factors; and​ 107.31 (2) notify the court, parties to the case, parents and relatives who are not parties as the​ 107.32 agency deems appropriate, and any Tribe who has legal responsibility or received notice​ 107​ Article 12 Sec. 10.​ REVISOR CR H5237-4​ HF5237 FOURTH ENGROSSMENT​ 108.1 under section 260.761, subdivision 2, but has not yet determined enrollment or eligibility​ 108.2 status.​ 108.3 (c) (d) While the child or youth is missing, the local responsible social services agency​ 108.4 shall must:​ 108.5 (1) implement protocols to expeditiously locate the child or youth;​ 108.6 (2) maintain regular communication with law enforcement agencies and the National​ 108.7 Center for Missing and Exploited Children in efforts to provide a safe recovery of the missing​ 108.8 child or youth and document this communication;​ 108.9 (3) share information pertaining to the child or youth's recovery, and circumstances​ 108.10 related to recovery, with law enforcement agencies and the National Center for Missing​ 108.11 and Exploited Children; and​ 108.12 (4) not discharge a child or youth from foster care or close the social services case until​ 108.13 diligent efforts have been exhausted to locate the child or youth and the court terminates​ 108.14 the agency's jurisdiction.​ 108.15 (d) (e) When the child or youth is located, the local responsible social services agency​ 108.16 shall must:​ 108.17 (1) notify all individuals and agencies that require notification in paragraph (c) of the​ 108.18 child or youth's return;​ 108.19 (2) interview the child or youth to determine and document, on a form approved by the​ 108.20 commissioner of children, youth, and families, what the child or youth experienced while​ 108.21 missing and the primary factors that contributed to the child's running away or otherwise​ 108.22 being absent child or youth's absence from care and,;​ 108.23 (3) to the extent possible and appropriate, respond to those the primary contributing​ 108.24 factors in current and subsequent placements.;​ 108.25 (e) The local social services agency shall determine what the child experienced while​ 108.26 absent from care, including screening (4) screen the child or youth's reported experience​ 108.27 to determine identify if the child or youth is a possible sex victim of human trafficking or​ 108.28 commercial sexual exploitation victim, as defined in section 260C.007, subdivision 31. 34;​ 108.29 and​ 108.30 (f) the local social services (5) if the child or youth is identified to have been a victim​ 108.31 of human trafficking, agency shall report immediately, but no later than 24 hours, to the​ 108​ Article 12 Sec. 10.​ REVISOR CR H5237-4​ HF5237 FOURTH ENGROSSMENT​ 109.1 local law enforcement agency any reasonable cause to believe a child is, or is at risk of​ 109.2 being, a sex trafficking or commercial sexual exploitation victim.​ 109.3 (g) (f) With respect to any child or youth for whom the responsible social services agency​ 109.4 has responsibility for placement, care, or supervision, the local responsible social services​ 109.5 agency shall determine:​ 109.6 (1) identify and document any reasonable cause to believe that the child or youth is a​ 109.7 human trafficking victim as defined in section 260C.007, subdivision 34, or a youth at risk​ 109.8 of sex trafficking or commercial sexual exploitation as defined by the commissioner of​ 109.9 children, youth, and families; and​ 109.10 (2) provide access to appropriate services, which may include services under Safe Harbor,​ 109.11 as described in section 145.4717 with respect to any child for whom the local social services​ 109.12 agency has responsibility for placement, care, or supervision when the local social services​ 109.13 agency has reasonable cause to believe that the child is, or is at risk of being, a sex trafficking​ 109.14 or commercial sexual exploitation victim. 145.4716, amending the child or youth's​ 109.15 out-of-home placement plan in subdivision 1, as necessary.​ 109.16 EFFECTIVE DATE. This section is effective July 1, 2024, except for paragraph (f),​ 109.17 which is effective July 1, 2025.​ 109.18 Sec. 11. Minnesota Statutes 2022, section 260C.331, is amended by adding a subdivision​ 109.19 to read:​ 109.20 Subd. 7. Notice. (a) If the responsible social services agency receives Retirement,​ 109.21 Survivors, and Disability Insurance; Supplemental Security Income; veteran's benefits;​ 109.22 railroad retirement benefits; or black lung benefits on behalf of a child, it must provide​ 109.23 written notice by certified mail, return receipt requested to:​ 109.24 (1) the child, if the child is 13 years of age or older;​ 109.25 (2) the child's parent, guardian, or custodian or if there is no legal parent or custodian​ 109.26 the child's relative selected by the agency;​ 109.27 (3) the guardian ad litem;​ 109.28 (4) the legally responsible agency as defined in section 256N.02, if different than the​ 109.29 responsible social services agency; and​ 109.30 (5) the counsel appointed for the child pursuant to section 260C.163, subdivision 3.​ 109.31 (b) If the responsible social services agency receives benefits under this subdivision on​ 109.32 behalf of a child 13 years of age or older, the legally responsible agency as defined in section​ 109​ Article 12 Sec. 11.​ REVISOR CR H5237-4​ HF5237 FOURTH ENGROSSMENT​ 110.1 256N.02, subdivision 14, if different, and the guardian ad litem must disclose this information​ 110.2 to the child in person in a manner that best helps the child understand the information. This​ 110.3 paragraph does not apply in circumstances where the child is living outside of Minnesota.​ 110.4 (c) If the responsible social services agency receives the benefits listed under this​ 110.5 subdivision on behalf of a child, it cannot use those funds for any other purpose than the​ 110.6 care of that child. The responsible social services agency must not commingle any benefits​ 110.7 received under this subdivision and must not put the benefits received on behalf of a child​ 110.8 into a general fund.​ 110.9 (d) If the responsible social services agency receives any benefits listed under this​ 110.10 subdivision, it must keep a record of:​ 110.11 (1) the total dollar amount it received on behalf of all children it receives benefits for;​ 110.12 (2) the total number of children it applied to be a payee for; and​ 110.13 (3) the total number of children it receives benefits for. By July 1, 2025, and each July​ 110.14 1 thereafter, the responsible social services agency must submit a report to the commissioner​ 110.15 that includes the information required under this paragraph.​ 110.16 Sec. 12. Minnesota Statutes 2023 Supplement, section 260E.02, subdivision 1, as amended​ 110.17 by Laws 2024, chapter 80, article 8, section 31, is amended to read:​ 110.18 Subdivision 1. Establishment of team. A county shall establish a multidisciplinary​ 110.19 child protection team that may include, but is not limited to, the director of the local welfare​ 110.20 agency or designees, the county attorney or designees, the county sheriff or designees,​ 110.21 representatives of health and education, representatives of mental health, representatives of​ 110.22 agencies providing specialized services or responding to youth who experience or are at​ 110.23 risk of experiencing sex or labor trafficking or sexual exploitation, or other appropriate​ 110.24 human services, children's services, or community-based agencies, and parent groups. As​ 110.25 used in this section, a "community-based agency" may include, but is not limited to, schools,​ 110.26 social services agencies, family service and mental health collaboratives, children's advocacy​ 110.27 centers, early childhood and family education programs, Head Start, or other agencies​ 110.28 serving children and families. A member of the team must be designated as the lead person​ 110.29 of the team responsible for the planning process to develop standards for the team's activities​ 110.30 with battered women's and domestic abuse programs and services.​ 110.31 EFFECTIVE DATE. This section is effective July 1, 2025.​ 110​ Article 12 Sec. 12.​ REVISOR CR H5237-4​ HF5237 FOURTH ENGROSSMENT​ 111.1 Sec. 13. Minnesota Statutes 2022, section 260E.03, is amended by adding a subdivision​ 111.2 to read:​ 111.3 Subd. 11a. Labor trafficking. "Labor trafficking" means the subjection of a child to​ 111.4 the acts listed in section 609.281, subdivision 5, limited to the purposes of forced or coerced​ 111.5 labor or services as defined by section 609.281, subdivision 4, and debt bondage as defined​ 111.6 by section 609.281, subdivision 3, regardless of whether the alleged offender is a​ 111.7 noncaregiver human trafficker as defined in subdivision 17a.​ 111.8 EFFECTIVE DATE. This section is effective July 1, 2025.​ 111.9 Sec. 14. Minnesota Statutes 2023 Supplement, section 260E.03, subdivision 15a, is​ 111.10 amended to read:​ 111.11 Subd. 15a. Noncaregiver sex human trafficker. "Noncaregiver sex human trafficker"​ 111.12 means an individual who is alleged to have engaged in the act of sex or labor trafficking a​ 111.13 child and who is not a person responsible for the child's care, who does not have a significant​ 111.14 relationship with the child as defined in section 609.341, and who is not a person in a current​ 111.15 or recent position of authority as defined in section 609.341, subdivision 10.​ 111.16 EFFECTIVE DATE. This section is effective July 1, 2025.​ 111.17 Sec. 15. Minnesota Statutes 2023 Supplement, section 260E.03, subdivision 15b, is​ 111.18 amended to read:​ 111.19 Subd. 15b. Noncaregiver sex human trafficking assessment. "Noncaregiver sex human​ 111.20 trafficking assessment" is a comprehensive assessment of child safety, the risk of subsequent​ 111.21 child maltreatment, and strengths and needs of the child and family. The local welfare​ 111.22 agency shall only perform a noncaregiver sex human trafficking assessment when a​ 111.23 maltreatment report alleges sex or labor trafficking of a child by someone other than the​ 111.24 child's caregiver. A noncaregiver sex human trafficking assessment does not include a​ 111.25 determination of whether child maltreatment occurred. A noncaregiver sex human trafficking​ 111.26 assessment includes a determination of a family's need for services to address the safety of​ 111.27 the child or children, the safety of family members, and the risk of subsequent child​ 111.28 maltreatment.​ 111.29 EFFECTIVE DATE. This section is effective July 1, 2025.​ 111​ Article 12 Sec. 15.​ REVISOR CR H5237-4​ HF5237 FOURTH ENGROSSMENT​ 112.1 Sec. 16. Minnesota Statutes 2023 Supplement, section 260E.03, subdivision 22, is amended​ 112.2 to read:​ 112.3 Subd. 22. Substantial child endangerment. "Substantial child endangerment" means​ 112.4 that a person responsible for a child's care, by act or omission, commits or attempts to​ 112.5 commit an act against a child in the person's care that constitutes any of the following:​ 112.6 (1) egregious harm under subdivision 5;​ 112.7 (2) abandonment under section 260C.301, subdivision 2;​ 112.8 (3) neglect under subdivision 15, paragraph (a), clause (2), that substantially endangers​ 112.9 the child's physical or mental health, including a growth delay, which may be referred to​ 112.10 as failure to thrive, that has been diagnosed by a physician and is due to parental neglect;​ 112.11 (4) murder in the first, second, or third degree under section 609.185, 609.19, or 609.195;​ 112.12 (5) manslaughter in the first or second degree under section 609.20 or 609.205;​ 112.13 (6) assault in the first, second, or third degree under section 609.221, 609.222, or 609.223;​ 112.14 (7) sex trafficking, solicitation, inducement, or promotion of prostitution under section​ 112.15 609.322;​ 112.16 (8) criminal sexual conduct under sections 609.342 to 609.3451;​ 112.17 (9) sexual extortion under section 609.3458;​ 112.18 (10) solicitation of children to engage in sexual conduct under section 609.352;​ 112.19 (11) malicious punishment or neglect or endangerment of a child under section 609.377​ 112.20 or 609.378;​ 112.21 (12) use of a minor in sexual performance under section 617.246; or​ 112.22 (13) labor trafficking under sections 609.281 and 609.282; or​ 112.23 (13) (14) parental behavior, status, or condition requiring the county attorney to file a​ 112.24 termination of parental rights petition under section 260C.503, subdivision 2.​ 112.25 EFFECTIVE DATE. This section is effective July 1, 2025.​ 112.26 Sec. 17. Minnesota Statutes 2022, section 260E.14, subdivision 3, is amended to read:​ 112.27 Subd. 3. Neglect or, physical abuse, or labor trafficking. (a) The local welfare agency​ 112.28 is responsible for immediately conducting a family assessment or investigation if the report​ 112.29 alleges neglect or physical abuse by a parent, guardian, or individual functioning within the​ 112.30 family unit as a person responsible for the child's care.​ 112​ Article 12 Sec. 17.​ REVISOR CR H5237-4​ HF5237 FOURTH ENGROSSMENT​ 113.1 (b) The local welfare agency is also responsible for conducting a family assessment or​ 113.2 investigation when a child is identified as a victim of labor trafficking.​ 113.3 EFFECTIVE DATE. This section is effective July 1, 2025.​ 113.4 Sec. 18. Minnesota Statutes 2023 Supplement, section 260E.14, subdivision 5, is amended​ 113.5 to read:​ 113.6 Subd. 5. Law enforcement. (a) The local law enforcement agency is the agency​ 113.7 responsible for investigating a report of maltreatment if a violation of a criminal statute is​ 113.8 alleged.​ 113.9 (b) Law enforcement and the responsible agency must coordinate their investigations​ 113.10 or assessments as required under this chapter when: (1) a report alleges maltreatment that​ 113.11 is a violation of a criminal statute by a person who is a parent, guardian, sibling, person​ 113.12 responsible for the child's care within the family unit, or by a person who lives in the child's​ 113.13 household and who has a significant relationship to the child in a setting other than a facility​ 113.14 as defined in section 260E.03; or (2) a report alleges sex or labor trafficking of a child.​ 113.15 EFFECTIVE DATE. This section is effective July 1, 2025.​ 113.16 Sec. 19. Minnesota Statutes 2023 Supplement, section 260E.17, subdivision 1, is amended​ 113.17 to read:​ 113.18 Subdivision 1. Local welfare agency. (a) Upon receipt of a report, the local welfare​ 113.19 agency shall determine whether to conduct a family assessment, an investigation, or a​ 113.20 noncaregiver sex human trafficking assessment as appropriate to prevent or provide a remedy​ 113.21 for maltreatment.​ 113.22 (b) The local welfare agency shall conduct an investigation when the report involves​ 113.23 sexual abuse, except as indicated in paragraph (f), or substantial child endangerment.​ 113.24 (c) The local welfare agency shall begin an immediate investigation at any time when​ 113.25 the local welfare agency is responding with a family assessment and the local welfare agency​ 113.26 determines that there is reason to believe that sexual abuse, substantial child endangerment,​ 113.27 or a serious threat to the child's safety exists.​ 113.28 (d) The local welfare agency may conduct a family assessment for reports that do not​ 113.29 allege sexual abuse, except as indicated in paragraph (f), or substantial child endangerment.​ 113.30 In determining that a family assessment is appropriate, the local welfare agency may consider​ 113.31 issues of child safety, parental cooperation, and the need for an immediate response.​ 113​ Article 12 Sec. 19.​ REVISOR CR H5237-4​ HF5237 FOURTH ENGROSSMENT​ 114.1 (e) The local welfare agency may conduct a family assessment for a report that was​ 114.2 initially screened and assigned for an investigation. In determining that a complete​ 114.3 investigation is not required, the local welfare agency must document the reason for​ 114.4 terminating the investigation and notify the local law enforcement agency if the local law​ 114.5 enforcement agency is conducting a joint investigation.​ 114.6 (f) The local welfare agency shall conduct a noncaregiver sex human trafficking​ 114.7 assessment when a maltreatment report alleges sex or labor trafficking of a child and the​ 114.8 alleged offender is a noncaregiver sex human trafficker as defined by section 260E.03,​ 114.9 subdivision 15a.​ 114.10 (g) During a noncaregiver sex human trafficking assessment, the local welfare agency​ 114.11 shall initiate an immediate investigation if there is reason to believe that a child's parent,​ 114.12 caregiver, or household member allegedly engaged in the act of sex or labor trafficking a​ 114.13 child or was alleged to have engaged in any conduct requiring the agency to conduct an​ 114.14 investigation.​ 114.15 EFFECTIVE DATE. This section is effective July 1, 2025.​ 114.16 Sec. 20. Minnesota Statutes 2023 Supplement, section 260E.18, is amended to read:​ 114.17 260E.18 NOTICE TO CHILD'S TRIBE.​ 114.18 The local welfare agency shall provide immediate notice, according to section 260.761,​ 114.19 subdivision 2, to an Indian child's Tribe when the agency has reason to believe that the​ 114.20 family assessment, investigation, or noncaregiver sex human trafficking assessment may​ 114.21 involve an Indian child. For purposes of this section, "immediate notice" means notice​ 114.22 provided within 24 hours.​ 114.23 EFFECTIVE DATE. This section is effective July 1, 2025.​ 114.24 Sec. 21. Minnesota Statutes 2023 Supplement, section 260E.20, subdivision 2, is amended​ 114.25 to read:​ 114.26 Subd. 2. Face-to-face contact. (a) Upon receipt of a screened in report, the local welfare​ 114.27 agency shall have face-to-face contact with the child reported to be maltreated and with the​ 114.28 child's primary caregiver sufficient to complete a safety assessment and ensure the immediate​ 114.29 safety of the child. When it is possible and the report alleges substantial child endangerment​ 114.30 or sexual abuse, the local welfare agency is not required to provide notice before conducting​ 114.31 the initial face-to-face contact with the child and the child's primary caregiver.​ 114​ Article 12 Sec. 21.​ REVISOR CR H5237-4​ HF5237 FOURTH ENGROSSMENT​ 115.1 (b) Except in a noncaregiver sex human trafficking assessment, the local welfare agency​ 115.2 shall have face-to-face contact with the child and primary caregiver immediately after the​ 115.3 agency screens in a report if sexual abuse or substantial child endangerment is alleged and​ 115.4 within five calendar days of a screened in report for all other reports. If the alleged offender​ 115.5 was not already interviewed as the primary caregiver, the local welfare agency shall also​ 115.6 conduct a face-to-face interview with the alleged offender in the early stages of the​ 115.7 assessment or investigation, except in a noncaregiver sex human trafficking assessment.​ 115.8 Face-to-face contact with the child and primary caregiver in response to a report alleging​ 115.9 sexual abuse or substantial child endangerment may be postponed for no more than five​ 115.10 calendar days if the child is residing in a location that is confirmed to restrict contact with​ 115.11 the alleged offender as established in guidelines issued by the commissioner, or if the local​ 115.12 welfare agency is pursuing a court order for the child's caregiver to produce the child for​ 115.13 questioning under section 260E.22, subdivision 5.​ 115.14 (c) At the initial contact with the alleged offender, the local welfare agency or the agency​ 115.15 responsible for assessing or investigating the report must inform the alleged offender of the​ 115.16 complaints or allegations made against the individual in a manner consistent with laws​ 115.17 protecting the rights of the person who made the report. The interview with the alleged​ 115.18 offender may be postponed if it would jeopardize an active law enforcement investigation.​ 115.19 In a noncaregiver sex human trafficking assessment, the local child welfare agency is not​ 115.20 required to inform or interview the alleged offender.​ 115.21 (d) The local welfare agency or the agency responsible for assessing or investigating​ 115.22 the report must provide the alleged offender with an opportunity to make a statement, except​ 115.23 in a noncaregiver sex human trafficking assessment. The alleged offender may submit​ 115.24 supporting documentation relevant to the assessment or investigation.​ 115.25 EFFECTIVE DATE. This section is effective July 1, 2025.​ 115.26 Sec. 22. Minnesota Statutes 2023 Supplement, section 260E.24, subdivision 2, is amended​ 115.27 to read:​ 115.28 Subd. 2. Determination after family assessment or a noncaregiver sex human​ 115.29 trafficking assessment. After conducting a family assessment or a noncaregiver sex human​ 115.30 trafficking assessment, the local welfare agency shall determine whether child protective​ 115.31 services are needed to address the safety of the child and other family members and the risk​ 115.32 of subsequent maltreatment. The local welfare agency must document the information​ 115.33 collected under section 260E.20, subdivision 3, related to the completed family assessment​ 115.34 in the child's or family's case notes.​ 115​ Article 12 Sec. 22.​ REVISOR CR H5237-4​ HF5237 FOURTH ENGROSSMENT​ 116.1 EFFECTIVE DATE. This section is effective July 1, 2025.​ 116.2 Sec. 23. Minnesota Statutes 2023 Supplement, section 260E.24, subdivision 7, is amended​ 116.3 to read:​ 116.4 Subd. 7. Notification at conclusion of family assessment or a noncaregiver sex human​ 116.5 trafficking assessment. Within ten working days of the conclusion of a family assessment​ 116.6 or a noncaregiver sex human trafficking assessment, the local welfare agency shall notify​ 116.7 the parent or guardian of the child of the need for services to address child safety concerns​ 116.8 or significant risk of subsequent maltreatment. The local welfare agency and the family​ 116.9 may also jointly agree that family support and family preservation services are needed.​ 116.10 EFFECTIVE DATE. This section is effective July 1, 2025.​ 116.11 Sec. 24. Minnesota Statutes 2023 Supplement, section 260E.33, subdivision 1, is amended​ 116.12 to read:​ 116.13 Subdivision 1. Following a family assessment or a noncaregiver sex human trafficking​ 116.14 assessment. Administrative reconsideration is not applicable to a family assessment or​ 116.15 noncaregiver sex human trafficking assessment since no determination concerning​ 116.16 maltreatment is made.​ 116.17 EFFECTIVE DATE. This section is effective July 1, 2025.​ 116.18 Sec. 25. Minnesota Statutes 2023 Supplement, section 260E.35, subdivision 6, is amended​ 116.19 to read:​ 116.20 Subd. 6. Data retention. (a) Notwithstanding sections 138.163 and 138.17, a record​ 116.21 maintained or a record derived from a report of maltreatment by a local welfare agency,​ 116.22 agency responsible for assessing or investigating the report, court services agency, or school​ 116.23 under this chapter shall be destroyed as provided in paragraphs (b) to (e) by the responsible​ 116.24 authority.​ 116.25 (b) For a report alleging maltreatment that was not accepted for an assessment or an​ 116.26 investigation, a family assessment case, a noncaregiver sex human trafficking assessment​ 116.27 case, and a case where an investigation results in no determination of maltreatment or the​ 116.28 need for child protective services, the record must be maintained for a period of five years​ 116.29 after the date that the report was not accepted for assessment or investigation or the date of​ 116.30 the final entry in the case record. A record of a report that was not accepted must contain​ 116.31 sufficient information to identify the subjects of the report, the nature of the alleged​ 116.32 maltreatment, and the reasons why the report was not accepted. Records under this paragraph​ 116​ Article 12 Sec. 25.​ REVISOR CR H5237-4​ HF5237 FOURTH ENGROSSMENT​ 117.1 may not be used for employment, background checks, or purposes other than to assist in​ 117.2 future screening decisions and risk and safety assessments.​ 117.3 (c) All records relating to reports that, upon investigation, indicate maltreatment or a​ 117.4 need for child protective services shall be maintained for ten years after the date of the final​ 117.5 entry in the case record.​ 117.6 (d) All records regarding a report of maltreatment, including a notification of intent to​ 117.7 interview that was received by a school under section 260E.22, subdivision 7, shall be​ 117.8 destroyed by the school when ordered to do so by the agency conducting the assessment or​ 117.9 investigation. The agency shall order the destruction of the notification when other records​ 117.10 relating to the report under investigation or assessment are destroyed under this subdivision.​ 117.11 (e) Private or confidential data released to a court services agency under subdivision 3,​ 117.12 paragraph (d), must be destroyed by the court services agency when ordered to do so by the​ 117.13 local welfare agency that released the data. The local welfare agency or agency responsible​ 117.14 for assessing or investigating the report shall order destruction of the data when other records​ 117.15 relating to the assessment or investigation are destroyed under this subdivision.​ 117.16 EFFECTIVE DATE. This section is effective July 1, 2025.​ 117.17 Sec. 26. Minnesota Statutes 2022, section 260E.36, subdivision 1a, is amended to read:​ 117.18 Subd. 1a. Sex Human trafficking and, sexual exploitation, and youth missing from​ 117.19 care training requirement. As required by the Child Abuse Prevention and Treatment Act​ 117.20 amendments through Public Law 114-22 and to implement Public Law Laws 113-183 and​ 117.21 115-123, all child protection social workers and social services staff who have responsibility​ 117.22 for child protective duties under this chapter or chapter 260C shall complete training​ 117.23 implemented by the commissioner of human services regarding sex identification, prevention,​ 117.24 and response to human trafficking and sexual exploitation of children and youth, including​ 117.25 prevention for youth missing from care.​ 117.26 EFFECTIVE DATE. This section is effective July 1, 2025.​ 117.27 Sec. 27. [260E.39] CHILD FATALITY AND NEAR FATALITY REVIEW.​ 117.28 Subdivision 1. Definitions. For purposes of this section, the following terms have the​ 117.29 meanings given:​ 117.30 (1) "critical incident" means a child fatality or near fatality in which maltreatment was​ 117.31 a known or suspected contributing cause;​ 117​ Article 12 Sec. 27.​ REVISOR CR H5237-4​ HF5237 FOURTH ENGROSSMENT​ 118.1 (2) "joint review" means the critical incident review conducted by the child mortality​ 118.2 review panel jointly with the local review team under subdivision 4, paragraph (b);​ 118.3 (3) "local review" means the local critical incident review conducted by the local review​ 118.4 team under subdivision 4, paragraph (c);​ 118.5 (4) "local review team" means a local child mortality review team established under​ 118.6 subdivision 2; and​ 118.7 (5) "panel" means the child mortality review panel established under subdivision 3.​ 118.8 Subd. 2. Local child mortality review teams. (a) Each county shall establish a​ 118.9 multidisciplinary local child mortality review team and shall participate in local critical​ 118.10 incident reviews that are based on safety science principles to support a culture of learning.​ 118.11 The local welfare agency's child protection team may serve as the local review team. The​ 118.12 local review team shall include but not be limited to professionals with knowledge of the​ 118.13 critical incident being reviewed and, if the critical incident being reviewed involved an​ 118.14 Indian child as defined in section 260.755, subdivision 8, at least one representative from​ 118.15 the child's Tribe.​ 118.16 (b) The local review team shall conduct reviews of critical incidents jointly with the​ 118.17 child mortality review panel or as otherwise required under subdivision 4, paragraph (c).​ 118.18 Subd. 3. Child mortality review panel; establishment and membership. (a) The​ 118.19 commissioner shall establish a child mortality review panel to review critical incidents​ 118.20 attributed to child maltreatment. The purpose of the panel is to identify systemic changes​ 118.21 to improve child safety and well-being and recommend modifications in statute, rule, policy,​ 118.22 and procedure.​ 118.23 (b) The panel shall consist of:​ 118.24 (1) the commissioner of children, youth, and families, or a designee;​ 118.25 (2) the commissioner of human services, or a designee;​ 118.26 (3) the commissioner of health, or a designee;​ 118.27 (4) the commissioner of education, or a designee;​ 118.28 (5) the superintendent of the Bureau of Criminal Apprehension, or a designee;​ 118.29 (6) a judge, appointed by the Minnesota judicial branch; and​ 118.30 (7) other members appointed by the governor, including but not limited to:​ 118.31 (i) a physician who is a medical examiner;​ 118​ Article 12 Sec. 27.​ REVISOR CR H5237-4​ HF5237 FOURTH ENGROSSMENT​ 119.1 (ii) a physician who is a child abuse specialist pediatrician;​ 119.2 (iii) a county attorney who works on child protection cases;​ 119.3 (iv) two current child protection supervisors for local welfare agencies, each of whom​ 119.4 has previous experience as a frontline child protection worker;​ 119.5 (v) a current local welfare agency director who has previous experience as a frontline​ 119.6 child protection worker or supervisor;​ 119.7 (vi) two current child protection supervisors or directors for Tribal child welfare agencies,​ 119.8 each of whom has previous experience as a frontline child protection worker or supervisor;​ 119.9 (vii) a county or Tribal public health worker; and​ 119.10 (viii) a member representing law enforcement.​ 119.11 (c) The governor shall designate one member as chair of the panel from the members​ 119.12 listed in paragraph (b), clauses (6) and (7).​ 119.13 (d) Members of the panel shall serve terms of four years for an unlimited number of​ 119.14 terms. A member of the panel may be removed by the appointing authority for the member.​ 119.15 (e) The commissioner shall employ an executive director for the panel to:​ 119.16 (1) provide administrative support to the panel and the chair, including providing the​ 119.17 panel with critical incident notices submitted by local welfare agencies;​ 119.18 (2) compile and synthesize information for the panel;​ 119.19 (3) draft recommendations and reports for the panel's final approval; and​ 119.20 (4) conduct or otherwise direct training and consultation under subdivision 7.​ 119.21 Subd. 4. Critical incident review process. (a) A local welfare agency that has determined​ 119.22 that maltreatment was the cause of or a contributing factor in a critical incident must notify​ 119.23 the commissioner and the executive director of the panel within three business days of​ 119.24 making the determination.​ 119.25 (b) The panel shall conduct a joint review with the local review team for:​ 119.26 (1) any critical incident relating to a family, child, or caregiver involved in a local welfare​ 119.27 agency family assessment or investigation within the 12 months preceding the critical​ 119.28 incident;​ 119.29 (2) a critical incident the governor or commissioner directs the panel to review; and​ 119.30 (3) any other critical incident the panel chooses for review.​ 119​ Article 12 Sec. 27.​ REVISOR CR H5237-4​ HF5237 FOURTH ENGROSSMENT​ 120.1 (c) The local review team must review all critical incident cases not subject to joint​ 120.2 review under paragraph (b).​ 120.3 (d) Within 120 days of initiating a joint review or local review of a critical incident,​ 120.4 except as provided under paragraph (h), the panel or local review team shall complete the​ 120.5 joint review or local review and compile a report. The report must include any systemic​ 120.6 learnings that may increase child safety and well-being, and may include policy or practice​ 120.7 considerations for systems changes that may improve child well-being and safety.​ 120.8 (e) A local review team must provide its report following a local review to the panel​ 120.9 within three business days after the report is complete. After receiving the local review team​ 120.10 report, the panel may conduct a further joint review.​ 120.11 (f) Following the panel's joint review or after receiving a local review team report, the​ 120.12 panel may make recommendations to any state or local agency, branch of government, or​ 120.13 system partner to improve child safety and well-being.​ 120.14 (g) The commissioner shall conduct additional information gathering as requested by​ 120.15 the panel or the local review team. The commissioner must conduct information gathering​ 120.16 for all cases for which the panel requests assistance. The commissioner shall compile a​ 120.17 summary report for each critical incident for which information gathering is conducted and​ 120.18 provide the report to the panel and the local welfare agency that reported the critical incident.​ 120.19 (h) If the panel or local review team requests information gathering from the​ 120.20 commissioner, the panel or local review team may conduct the joint review or local review​ 120.21 and compile its report under paragraph (d) after receiving the commissioner's summary​ 120.22 information-gathering report. The timeline for a local or joint review under paragraph (d)​ 120.23 may be extended if the panel or local review team requests additional information gathering​ 120.24 to complete their review. If the local review team extends the timeline for its review and​ 120.25 report, the local welfare agency must notify the executive director of the panel of the​ 120.26 extension and the expected completion date.​ 120.27 (i) The review of any critical incident shall proceed as specified in this section, regardless​ 120.28 of the status of any pending litigation or other active investigation.​ 120.29 Subd. 5. Critical incident reviews; data practices and immunity. (a) In conducting​ 120.30 reviews, the panel, the local review team, and the commissioner shall have access to not​ 120.31 public data under chapter 13 maintained by state agencies, statewide systems, or political​ 120.32 subdivisions that are related to the child's critical incident or circumstances surrounding the​ 120.33 care of the child. The panel, the local review team, and the commissioner shall also have​ 120.34 access to records of private hospitals as necessary to carry out the duties prescribed by this​ 120​ Article 12 Sec. 27.​ REVISOR CR H5237-4​ HF5237 FOURTH ENGROSSMENT​ 121.1 section. A state agency, statewide system, or political subdivision shall provide the data​ 121.2 upon request from the commissioner. Not public data may be shared with members of the​ 121.3 panel, a local review team, or the commissioner in connection with an individual case.​ 121.4 (b) Notwithstanding the data's classification in the possession of any other agency, data​ 121.5 acquired by a local review team, the panel, or the commissioner in the exercise of their​ 121.6 duties are protected nonpublic or confidential data as defined in section 13.02 but may be​ 121.7 disclosed as necessary to carry out the duties of the review team, panel, or commissioner.​ 121.8 The data are not subject to subpoena or discovery.​ 121.9 (c) The commissioner shall disclose information regarding a critical incident upon request​ 121.10 but shall not disclose data that was classified as confidential or private data on decedents​ 121.11 under section 13.10 or private, confidential, or protected nonpublic data in the disseminating​ 121.12 agency, except that the commissioner may disclose local social service agency data as​ 121.13 provided in section 260E.35 on individual cases involving a critical incident with a person​ 121.14 served by the local social service agency prior to the date of the critical incident.​ 121.15 (d) A person attending a local review team or child mortality review panel meeting shall​ 121.16 not disclose what transpired at the meeting except to carry out the purposes of the local​ 121.17 review team or panel. The commissioner shall not disclose what transpired during its​ 121.18 information-gathering process except to carry out the duties of the commissioner. The​ 121.19 proceedings and records of the local review team, the panel, and the commissioner are​ 121.20 protected nonpublic data as defined in section 13.02, subdivision 13, and are not subject to​ 121.21 discovery or introduction into evidence in a civil or criminal action. Information, documents,​ 121.22 and records otherwise available from other sources are not immune from discovery or use​ 121.23 in a civil or criminal action solely because they were presented during proceedings of the​ 121.24 local review team, the panel, or the commissioner.​ 121.25 (e) A person who presented information before the local review team, the panel, or the​ 121.26 commissioner or who is a member of the local review team or the panel, or an employee​ 121.27 conducting information gathering as designated by the commissioner, shall not be prevented​ 121.28 from testifying about matters within the person's knowledge. However, in a civil or criminal​ 121.29 proceeding, a person may not be questioned about the person's presentation of information​ 121.30 to the local review team, the panel, or the commissioner, or about the information reviewed​ 121.31 or discussed during a critical incident review or the information-gathering process, any​ 121.32 conclusions drawn or recommendations made related to information gathering or a critical​ 121.33 incident review, or opinions formed by the person as a result of the panel or review team​ 121.34 meetings.​ 121​ Article 12 Sec. 27.​ REVISOR CR H5237-4​ HF5237 FOURTH ENGROSSMENT​ 122.1 (f) A person who presented information before the local review team, the panel, or the​ 122.2 commissioner, or who is a member of the local review team or the panel, or an employee​ 122.3 conducting information gathering as designated by the commissioner, is immune from any​ 122.4 civil or criminal liability that might otherwise result from the person's presentation or​ 122.5 statements if the person was acting in good faith and assisting with information gathering​ 122.6 or in a critical incident review under this section.​ 122.7 Subd. 6. Child mortality review panel; annual report. Beginning December 15, 2026,​ 122.8 and on or before December 15 annually thereafter, the commissioner shall publish a report​ 122.9 of the child mortality review panel. The report shall include but not be limited to de-identified​ 122.10 summary data on the number of critical incidents reported to the panel, the number of critical​ 122.11 incidents reviewed by the panel and local review teams, and systemic learnings identified​ 122.12 by the panel or local review teams during the period covered by the report. The report shall​ 122.13 also include recommendations on improving the child protection system, including​ 122.14 modifications to statutes, rules, policies, and procedures. The panel may make​ 122.15 recommendations to the legislature or any state or local agency at any time, outside of its​ 122.16 annual report.​ 122.17 Subd. 7. Local welfare agency critical incident review training. The commissioner​ 122.18 shall provide training and support to local review teams and the panel to assist with local​ 122.19 or joint review processes and procedures. The commissioner shall also provide consultation​ 122.20 to local review teams and the panel conducting local or joint reviews pursuant to this section.​ 122.21 Subd. 8. Culture of learning and improvement. The local review teams and panel​ 122.22 shall advance and support a culture of learning and improvement within Minnesota's child​ 122.23 welfare system.​ 122.24 EFFECTIVE DATE. This section is effective July 1, 2025.​ 122.25 Sec. 28. Minnesota Statutes 2023 Supplement, section 518A.42, subdivision 3, is amended​ 122.26 to read:​ 122.27 Subd. 3. Exception. (a) This section The minimum basic support amount under​ 122.28 subdivision 2 does not apply to an obligor who is incarcerated or is a recipient of a general​ 122.29 assistance grant, Supplemental Security Income, temporary assistance for needy families​ 122.30 (TANF) grant, or comparable state-funded Minnesota family investment program (MFIP)​ 122.31 benefits.​ 122.32 (b) The minimum basic support amount under subdivision 2 does not apply to an obligor​ 122.33 who is a recipient of:​ 122​ Article 12 Sec. 28.​ REVISOR CR H5237-4​ HF5237 FOURTH ENGROSSMENT​ 123.1 (1) a general assistance grant;​ 123.2 (2) Supplemental Security Income;​ 123.3 (3) a Temporary Assistance for Needy Families (TANF) grant; or​ 123.4 (4) comparable state-funded Minnesota family investment program (MFIP) benefits.​ 123.5 (b) (c) If the court finds the obligor receives no income and completely lacks the ability​ 123.6 to earn income, the minimum basic support amount under this subdivision 2 does not apply.​ 123.7 (c) (d) If the obligor's basic support amount is reduced below the minimum basic support​ 123.8 amount due to the application of the parenting expense adjustment, the minimum basic​ 123.9 support amount under this subdivision 2 does not apply and the lesser amount is the guideline​ 123.10 basic support.​ 123.11 Sec. 29. Laws 2023, chapter 70, article 14, section 42, subdivision 6, is amended to read:​ 123.12 Subd. 6. Community Resource Center Advisory Council; establishment and​ 123.13 duties. (a) The commissioner, in consultation with other relevant state agencies, shall appoint​ 123.14 members to the Community Resource Center Advisory Council.​ 123.15 (b) Membership must be demographically and geographically diverse and include:​ 123.16 (1) parents and family members with lived experience who lack opportunities;​ 123.17 (2) community-based organizations serving families who lack opportunities;​ 123.18 (3) Tribal and urban American Indian representatives;​ 123.19 (4) county government representatives;​ 123.20 (5) school and school district representatives; and​ 123.21 (6) state partner representatives.​ 123.22 (c) Duties of the Community Resource Center Advisory Council include but are not​ 123.23 limited to:​ 123.24 (1) advising the commissioner on the development and funding of a network of​ 123.25 community resource centers;​ 123.26 (2) advising the commissioner on the development of requests for proposals and grant​ 123.27 award processes;​ 123.28 (3) advising the commissioner on the development of program outcomes and​ 123.29 accountability measures; and​ 123​ Article 12 Sec. 29.​ REVISOR CR H5237-4​ HF5237 FOURTH ENGROSSMENT​ 124.1 (4) advising the commissioner on ongoing governance and necessary support in the​ 124.2 implementation of community resource centers.​ 124.3 (d) Compensation for members of the Community Resource Center Advisory Council​ 124.4 is governed by Minnesota Statutes, section 15.0575, except that a public member may be​ 124.5 compensated at the rate of up to $125 per day.​ 124.6 (e) A vacancy on the council may be filled by the appointing authority for the remainder​ 124.7 of the unexpired term.​ 124.8 Sec. 30. SUPREME COURT COUNCIL ON CHILD PROTECTION AND​ 124.9 MALTREATMENT PREVENTION.​ 124.10 Subdivision 1. Establishment. The chief justice of the supreme court is invited to​ 124.11 establish a Supreme Court Council on Child Protection and Maltreatment Prevention as​ 124.12 part of Minnesota's Court Improvement Program, the Children's Justice Initiative, authorized​ 124.13 under Public Law 116-260, Division CC, title III, section 305, of the Consolidated​ 124.14 Appropriations Act of 2021, to develop a comprehensive blueprint to improve Minnesota's​ 124.15 child protection system and prevent unnecessary entry of children and families into the​ 124.16 system.​ 124.17 Subd. 2. Membership. (a) The council must consist of the following members:​ 124.18 (1) the chief justice of the supreme court or a designee;​ 124.19 (2) the commissioner of children, youth, and families, or a designee;​ 124.20 (3) members representing Indian Tribes, including Tribal courts, appointed by the​ 124.21 executive board of the Minnesota Indian Affairs Council;​ 124.22 (4) peace officers as defined in Minnesota Statutes, section 626.84, subdivision 1,​ 124.23 paragraph (c); state and local community corrections probation, parole, and supervised​ 124.24 release agents; and other criminal justice professionals with substantial experience responding​ 124.25 to reports of child maltreatment and working with minors who have had contact with the​ 124.26 criminal justice system, appointed by the chief justice of the supreme court;​ 124.27 (5) professionals with experience providing child maltreatment prevention services,​ 124.28 child protective services, foster care, adoption services, and postpermanency services,​ 124.29 appointed by the chief justice of the supreme court;​ 124.30 (6) legal professionals and guardians ad litem, including Indian Child Welfare Act​ 124.31 guardians ad litem, with significant experience in juvenile protection matters, appointed by​ 124.32 the chief justice of the supreme court;​ 124​ Article 12 Sec. 30.​ REVISOR CR H5237-4​ HF5237 FOURTH ENGROSSMENT​ 125.1 (7) educational professionals, including professionals with experience in early childhood​ 125.2 education and providing educational services to children with disabilities, appointed by the​ 125.3 chief justice of the supreme court;​ 125.4 (8) professionals from nonprofit community organizations with experience providing​ 125.5 services and supports to children, parents, and relatives involved in or at risk of involvement​ 125.6 in child maltreatment and juvenile protection matters, appointed by the chief justice of the​ 125.7 supreme court;​ 125.8 (9) professionals with expertise on historical and generational trauma, systemic racism,​ 125.9 adverse childhood experiences, and the long-term impacts of child protection system​ 125.10 involvement on children, families, and communities historically overrepresented in the​ 125.11 system, appointed by the chief justice of the supreme court;​ 125.12 (10) professionals with expertise providing services to persons with disabilities involved​ 125.13 with the child protection system, appointed by the chief justice of the supreme court;​ 125.14 (11) persons with lived experience as a parent involved with the child protection system,​ 125.15 appointed by the chief justice of the supreme court;​ 125.16 (12) one or more persons age 18 or older with lived experience as a child involved with​ 125.17 the child protection system, appointed by the chief justice of the supreme court; and​ 125.18 (13) professionals with expertise on preventing child protection system involvement,​ 125.19 including expertise on the impact of generational and situational poverty on children and​ 125.20 child protection system involvement, appointed by the chief justice of the supreme court.​ 125.21 (b) A member may satisfy more than one category of experience or expertise identified​ 125.22 in paragraph (a).​ 125.23 Subd. 3. Organization and administration. (a) The council is governed by Minnesota​ 125.24 Statutes, section 15.059, except that subdivision 6 does not apply. The state court​ 125.25 administrator must provide the council with staff support, office and meeting space, and​ 125.26 access to office equipment and services.​ 125.27 (b) Council members serve at the pleasure of the appointing authority. The chief justice​ 125.28 of the supreme court must select a chair from among the members. The council may select​ 125.29 other officers, subcommittees, and work groups as it deems necessary.​ 125.30 Subd. 4. Meetings. (a) The council must meet at the call of the chair.​ 125.31 (b) The chair must convene the council's first meeting, which must occur by September​ 125.32 15, 2024.​ 125​ Article 12 Sec. 30.​ REVISOR CR H5237-4​ HF5237 FOURTH ENGROSSMENT​ 126.1 Subd. 5. Duties. The council must develop a comprehensive blueprint for improvement​ 126.2 that addresses all aspects of the child protection system, including prevention and early​ 126.3 intervention, by:​ 126.4 (1) reviewing policies, laws, practices, latest research, and data related to children in the​ 126.5 child protection system;​ 126.6 (2) gathering information through surveys or focus groups, including consultation with​ 126.7 individuals who have lived experience with the child protection system, and reviews of​ 126.8 evidence supporting federal guidance and research on the child protection system and​ 126.9 maltreatment prevention;​ 126.10 (3) reviewing research that evaluates the effects of child foster care placement and​ 126.11 out-of-home placement on the safety, permanency, and well-being of children and that​ 126.12 identifies and evaluates factors designed to ensure emotional and physical safety of children​ 126.13 in the context of child placement and permanency dispositions, family preservation, and​ 126.14 reunification;​ 126.15 (4) making recommendations for changes in policies and law that are designed to improve​ 126.16 outcomes for children and families in the child protection system or at risk of maltreatment;​ 126.17 and​ 126.18 (5) recognizing the inherent sovereignty of Tribal Nations and the unique political status​ 126.19 of their children and families.​ 126.20 Subd. 6. Reports. By July 15, 2025, the Supreme Court Council on Child Protection​ 126.21 must submit a progress report on the council's duties under subdivision 5 to the governor,​ 126.22 the chief justice of the supreme court, and the chairs and ranking minority members of the​ 126.23 legislative committees with jurisdiction over child protection. By January 15, 2026, the​ 126.24 council must submit its final report to the governor, the chief justice of the supreme court,​ 126.25 and the chairs and ranking minority members of the legislative committees with jurisdiction​ 126.26 over child protection, detailing the comprehensive blueprint developed under subdivision​ 126.27 5.​ 126.28 Subd. 7. Expiration. The Supreme Court Council on Child Protection expires upon the​ 126.29 submission of its final report under subdivision 6.​ 126.30 Sec. 31. DIRECTION TO COMMISSIONER; CHILD MALTREATMENT​ 126.31 REPORTING SYSTEMS REVIEW AND RECOMMENDATIONS.​ 126.32 The commissioner of children, youth, and families must review current child maltreatment​ 126.33 reporting processes and systems in various states and evaluate the costs and benefits of each​ 126​ Article 12 Sec. 31.​ REVISOR CR H5237-4​ HF5237 FOURTH ENGROSSMENT​ 127.1 reviewed state's system. In consultation with stakeholders, including but not limited to​ 127.2 counties, Tribes, and organizations with expertise in child maltreatment prevention and​ 127.3 child protection, the commissioner must develop recommendations on implementing a​ 127.4 statewide child abuse and neglect reporting system in Minnesota and outline the benefits,​ 127.5 challenges, and costs of such a transition. By June 1, 2025, the commissioner must submit​ 127.6 a report detailing the commissioner's recommendations to the chairs and ranking minority​ 127.7 members of the legislative committees with jurisdiction over child protection. The​ 127.8 commissioner must also publish the report on the department's website.​ 127.9 EFFECTIVE DATE. This section is effective the day following final enactment.​ 127.10 Sec. 32. DIRECTION TO COMMISSIONER OF HUMAN SERVICES; CHILD​ 127.11 WELFARE WORKFORCE SYSTEM IMPROVEMENTS.​ 127.12 When designing, developing, and implementing a data-driven, federally compliant​ 127.13 Comprehensive Child Welfare Information System, the commissioner of human services​ 127.14 must ensure that the system can, at a minimum, do the following:​ 127.15 (1) allow counties to track various financial information, including benefits received by​ 127.16 counties on behalf of children in the child welfare system, and fees received by counties​ 127.17 from parents with children in out-of-home placements;​ 127.18 (2) provide the ombudspersons under Minnesota Statutes, section 257.0755, the​ 127.19 ombudsperson for American Indian families under Minnesota Statutes, section 3.9215, and​ 127.20 the ombudsperson for foster youth under Minnesota Statutes, section 260C.80, with​ 127.21 case-by-case access to nonprivileged information necessary for the discharge of the​ 127.22 ombudsperson's duties, including specific child protection case information, while protecting​ 127.23 Tribal data sovereignty;​ 127.24 (3) provide comprehensive statewide data reports; and​ 127.25 (4) track demographic information about children in the child welfare system, including​ 127.26 race, cultural and ethnic identity, disability status, and economic status.​ 127.27 Sec. 33. SUPPORTING RELATIVE CAREGIVER GRANTS.​ 127.28 (a) The commissioner of children, youth, and families must award grants to eligible​ 127.29 community-based nonprofit organizations to provide culturally competent supports to relative​ 127.30 caregivers who are caring for relative children and connection to local and statewide​ 127.31 resources.​ 127​ Article 12 Sec. 33.​ REVISOR CR H5237-4​ HF5237 FOURTH ENGROSSMENT​ 128.1 (b) Grant funds must be used to serve relative caregivers caring for children from​ 128.2 communities that are disproportionately overrepresented in the child welfare system based​ 128.3 on available data, as determined by the commissioner.​ 128.4 (c) Grant funds may be used to assess relative caregiver and child needs, provide​ 128.5 connection to local and statewide culturally competent resources, and provide culturally​ 128.6 competent case management to assist with complex cases. Grant funds may also be used to​ 128.7 provide culturally competent supports to reduce the need for child welfare involvement or​ 128.8 risk of child welfare involvement and increase family stability by preventing nonrelative​ 128.9 foster care placement.​ 128.10 (d) For purposes of this section, "relative" has the meaning given in Minnesota Statutes,​ 128.11 section 260C.007, subdivision 27.​ 128.12 Sec. 34. REVISOR INSTRUCTION.​ 128.13 The revisor of statutes shall renumber the subdivisions in Minnesota Statutes, section​ 128.14 260E.03, in alphabetical order except for subdivision 1 and correct any cross-reference​ 128.15 changes that result.​ 128.16 Sec. 35. REPEALER.​ 128.17 (a) Minnesota Statutes 2022, section 256.01, subdivisions 12 and 12a, are repealed.​ 128.18 (b) Minnesota Rules, part 9560.0232, subpart 5, is repealed.​ 128.19 EFFECTIVE DATE. This section is effective July 1, 2025.​ 128.20 ARTICLE 13​ 128.21 ECONOMIC SUPPORTS​ 128.22 Section 1. [142F.103] CAMPUS-BASED EMPLOYMENT AND TRAINING​ 128.23 PROGRAM FOR STUDENTS ENROLLED IN HIGHER EDUCATION.​ 128.24 Subdivision 1. Designation. (a) Within six months of the effective date of this section,​ 128.25 the Board of Trustees of Minnesota State Colleges and Universities must, and the Board of​ 128.26 Regents of the University of Minnesota is requested to, submit an application to the​ 128.27 commissioner of human services verifying whether each of its institutions meets the​ 128.28 requirements to be a campus-based employment and training program that qualifies for the​ 128.29 student exemption for Supplemental Nutrition Assistance Program (SNAP) eligibility, as​ 128.30 described in the Code of Federal Regulations, title 7, section 273.5(b)(11)(iv).​ 128​ Article 13 Section 1.​ REVISOR CR H5237-4​ HF5237 FOURTH ENGROSSMENT​ 129.1 (b) An institution of higher education must be designated as a campus-based employment​ 129.2 and training program by the commissioner of human services if that institution meets the​ 129.3 requirements set forth in the guidance under subdivision 3. The commissioner of human​ 129.4 services must maintain a list of approved programs on its website.​ 129.5 Subd. 2. Student eligibility. A student is eligible to participate in a campus-based​ 129.6 employment and training program under this section if the student is enrolled in:​ 129.7 (1) a public two-year community or technical college and received a state grant under​ 129.8 section 136A.121, received a federal Pell grant, or has a student aid index of $0 or less;​ 129.9 (2) a Tribal college as defined in section 136A.62 and received a state grant under section​ 129.10 136A.121, received a federal Pell grant, or has a student aid index of $0 or less; or​ 129.11 (3) a public four-year university and received a state grant under section 136A.121,​ 129.12 received a federal Pell grant, or has a student aid index of $0 or less.​ 129.13 Subd. 3. Guidance. Within three months of the effective date of this section and annually​ 129.14 thereafter, the commissioner of human services, in consultation with the commissioner of​ 129.15 higher education, must issue guidance to counties, Tribal Nations, Tribal colleges, and​ 129.16 Minnesota public postsecondary institutions that:​ 129.17 (1) clarifies the state and federal eligibility requirements for campus-based employment​ 129.18 and training programs for low-income households;​ 129.19 (2) clarifies the application process for campus-based employment and training programs​ 129.20 for low-income households including but not limited to providing a list of the supporting​ 129.21 documents required for program approval;​ 129.22 (3) clarifies how students in an institution of higher education approved as a campus-based​ 129.23 employment and training program for low-income households qualify for a SNAP student​ 129.24 exemption; and​ 129.25 (4) clarifies the SNAP eligibility criteria for students that qualify for a SNAP student​ 129.26 exemption under this section.​ 129.27 Subd. 4. Application. Within three months of the effective date of this section, the​ 129.28 commissioner of human services, in consultation with the commissioner of higher education,​ 129.29 must design an application for institutions of higher education to apply for a campus-based​ 129.30 employment and training program designation.​ 129.31 Subd. 5. Notice. At the beginning of each academic semester, an institution of higher​ 129.32 education with a designated campus-based employment and training program must send a​ 129​ Article 13 Section 1.​ REVISOR CR H5237-4​ HF5237 FOURTH ENGROSSMENT​ 130.1 letter to students eligible under this section to inform them that they may qualify for SNAP​ 130.2 benefits and direct them to resources to apply. The letter under this subdivision shall serve​ 130.3 as proof of a student's enrollment in a campus-based employment and training program.​ 130.4 EFFECTIVE DATE. This section is effective upon federal approval. The commissioner​ 130.5 of human services must notify the revisor of statutes when federal approval is obtained.​ 130.6 Sec. 2. Minnesota Statutes 2023 Supplement, section 256E.35, subdivision 2, is amended​ 130.7 to read:​ 130.8 Subd. 2. Definitions. (a) The definitions in this subdivision apply to this section.​ 130.9 (b) "Eligible educational institution" means the following:​ 130.10 (1) an institution of higher education described in section 101 or 102 of the Higher​ 130.11 Education Act of 1965; or​ 130.12 (2) an area vocational education school, as defined in subparagraph (C) or (D) of United​ 130.13 States Code, title 20, chapter 44, section 2302 (3) (the Carl D. Perkins Vocational and​ 130.14 Applied Technology Education Act), which is located within any state, as defined in United​ 130.15 States Code, title 20, chapter 44, section 2302 (30). This clause is applicable only to the​ 130.16 extent section 2302 is in effect on August 1, 2008.​ 130.17 (c) "Family asset account" means a savings account opened by a household participating​ 130.18 in the Minnesota family assets for independence initiative.​ 130.19 (d) "Fiduciary organization" means:​ 130.20 (1) a community action agency that has obtained recognition under section 256E.31;​ 130.21 (2) a federal community development credit union;​ 130.22 (3) a women-oriented economic development agency;​ 130.23 (4) a federally recognized Tribal Nation; or​ 130.24 (5) a nonprofit organization as defined under section 501(c)(3) of the Internal Revenue​ 130.25 Code.​ 130.26 (e) "Financial coach" means a person who:​ 130.27 (1) has completed an intensive financial literacy training workshop that includes​ 130.28 curriculum on budgeting to increase savings, debt reduction and asset building, building a​ 130.29 good credit rating, and consumer protection;​ 130​ Article 13 Sec. 2.​ REVISOR CR H5237-4​ HF5237 FOURTH ENGROSSMENT​ 131.1 (2) participates in ongoing statewide family assets for independence in Minnesota (FAIM)​ 131.2 network training meetings under FAIM program supervision; and​ 131.3 (3) provides financial coaching to program participants under subdivision 4a.​ 131.4 (f) "Financial institution" means a bank, bank and trust, savings bank, savings association,​ 131.5 or credit union, the deposits of which are insured by the Federal Deposit Insurance​ 131.6 Corporation or the National Credit Union Administration.​ 131.7 (g) "Household" means all individuals who share finances and use of a dwelling unit as​ 131.8 primary quarters for living and eating separate from other individuals. Sharing finances​ 131.9 does not include situations in which a person is living in the same dwelling unit as others​ 131.10 without sharing any other financial arrangements.​ 131.11 (h) "Permissible use" means:​ 131.12 (1) postsecondary educational expenses at an eligible educational institution as defined​ 131.13 in paragraph (b), including books, supplies, and equipment required for courses of instruction;​ 131.14 (2) acquisition costs of acquiring, constructing, or reconstructing a residence, including​ 131.15 any usual or reasonable settlement, financing, or other closing costs;​ 131.16 (3) business capitalization expenses for expenditures on capital, plant, equipment, working​ 131.17 capital, and inventory expenses of a legitimate business pursuant to a business plan approved​ 131.18 by the fiduciary organization;​ 131.19 (4) acquisition costs of a principal residence within the meaning of section 1034 of the​ 131.20 Internal Revenue Code of 1986 which do not exceed 100 percent of the average area purchase​ 131.21 price applicable to the residence determined according to section 143(e)(2) and (3) of the​ 131.22 Internal Revenue Code of 1986;​ 131.23 (5) acquisition costs of a personal vehicle only if approved by the fiduciary organization;​ 131.24 (6) contributions to an emergency savings account; and​ 131.25 (7) contributions to a Minnesota 529 savings plan.​ 131.26 Sec. 3. Minnesota Statutes 2022, section 256E.35, subdivision 5, is amended to read:​ 131.27 Subd. 5. Household eligibility; participation. (a) To be eligible for state or TANF​ 131.28 matching funds in the family assets for independence initiative, a household must meet the​ 131.29 eligibility requirements of the federal Assets for Independence Act, Public Law 105-285,​ 131.30 in Title IV, section 408 of that act have maximum income that is equal to or less than the​ 131.31 greater of:​ 131​ Article 13 Sec. 3.​ REVISOR CR H5237-4​ HF5237 FOURTH ENGROSSMENT​ 132.1 (1) 50 percent of the area median income as determined by the United States Department​ 132.2 of Housing and Urban Development; or​ 132.3 (2) 200 percent of the federal poverty guidelines.​ 132.4 (b) To be eligible for state matching funds under this section, a household must meet​ 132.5 the requirements of this section.​ 132.6 (b) (c) Each participating household must sign a family asset agreement that includes​ 132.7 the amount of scheduled deposits into its savings account, the proposed use, and the proposed​ 132.8 savings goal. A participating household must agree to complete an economic literacy training​ 132.9 program.​ 132.10 (c) (d) Participating households may only deposit money that is derived from household​ 132.11 earned income or from state and federal income tax credits.​ 132.12 Sec. 4. Minnesota Statutes 2023 Supplement, section 256E.38, subdivision 4, is amended​ 132.13 to read:​ 132.14 Subd. 4. Eligible uses of grant money. An eligible applicant that receives grant money​ 132.15 under this section shall use the money to purchase diapers and wipes and may use up to​ 132.16 four ten percent of the money for administrative costs.​ 132.17 Sec. 5. TRANSFER TO DEPARTMENT OF CHILDREN, YOUTH, AND FAMILIES.​ 132.18 The responsibilities for the campus-based employment and training program for students​ 132.19 enrolled in higher education under Minnesota Statutes, section 142F.103, must transfer from​ 132.20 the commissioner of human services to the commissioner of children, youth, and families.​ 132.21 Minnesota Statutes, section 142F.103, is incorporated into the transfer of duties and​ 132.22 responsibilities in Laws 2023, chapter 70, article 12, section 30, and the commissioner shall​ 132.23 give the notices of when the transfer is effective as required by Laws 2023, chapter 70,​ 132.24 article 12, section 30, subdivision 1.​ 132.25 ARTICLE 14​ 132.26 HOUSING AND HOMELESSNESS​ 132.27 Section 1. EMERGENCY SHELTER NEEDS ANALYSIS FOR TRANSGENDER​ 132.28 ADULTS EXPERIENCING HOMELESSNESS.​ 132.29 (a) The commissioner of human services must contract with Propel Nonprofits to conduct​ 132.30 a needs analysis for emergency shelter serving transgender adults experiencing homelessness​ 132.31 and to conduct site analysis and develop a plan for building the emergency shelter. Propel​ 132​ Article 14 Section 1.​ REVISOR CR H5237-4​ HF5237 FOURTH ENGROSSMENT​ 133.1 Nonprofits may contract or consult with other vendors or entities as necessary to complete​ 133.2 any portion of the needs analysis and site analysis.​ 133.3 (b) No later than March 1, 2025, Propel Nonprofits must submit a written report to the​ 133.4 commissioner with the results of the needs analysis and preliminary recommendations for​ 133.5 site locations. The commissioner must submit the report to the chairs and ranking minority​ 133.6 members of the legislative committees with jurisdiction over services for persons​ 133.7 experiencing homelessness within five business days of receiving the report.​ 133.8 Sec. 2. PREGNANT AND PARENTING HOMELESS YOUTH STUDY.​ 133.9 (a) The commissioner of human services must contract with the Wilder Foundation to​ 133.10 conduct a study of:​ 133.11 (1) the statewide numbers and unique needs of pregnant and parenting youth experiencing​ 133.12 homelessness; and​ 133.13 (2) best practices in supporting pregnant and parenting homeless youth within​ 133.14 programming, emergency shelter, and housing settings.​ 133.15 (b) The Wilder Foundation must submit a final report to the commissioner by December​ 133.16 31, 2025. The commissioner shall submit the report to the chairs and ranking minority​ 133.17 members of the legislative committees with jurisdiction over homeless youth services finance​ 133.18 and policy.​ 133.19 Sec. 3. REVIVAL AND REENACTMENT.​ 133.20 Minnesota Statutes 2022, section 256B.051, subdivision 7, is revived and reenacted​ 133.21 effective retroactively from August 1, 2023. Any time frames within or dependent on the​ 133.22 subdivision are based on the original effective date in Laws 2017, First Special Session​ 133.23 chapter 6, article 2, section 10.​ 133.24 EFFECTIVE DATE. This section is effective the day following final enactment.​ 133.25 Sec. 4. REPEALER.​ 133.26 Laws 2023, chapter 25, section 190, subdivision 10, is repealed.​ 133.27 EFFECTIVE DATE. This section is effective the day following final enactment.​ 133​ Article 14 Sec. 4.​ REVISOR CR H5237-4​ HF5237 FOURTH ENGROSSMENT​ 134.1 ARTICLE 15​ 134.2 CHILD CARE LICENSING​ 134.3 Section 1. [142B.171] CHILD CARE WEIGHTED RISK SYSTEM.​ 134.4 Subdivision 1. Implementation. The commissioner shall develop and implement a child​ 134.5 care weighted risk system that provides a tiered licensing enforcement framework for child​ 134.6 care licensing requirements in this chapter or Minnesota Rules, chapter 9502 or 9503.​ 134.7 Subd. 2. Documented technical assistance. (a) In lieu of a correction order under section​ 134.8 142B.16, the commissioner shall provide documented technical assistance to a family child​ 134.9 care or child care center license holder if the commissioner finds that:​ 134.10 (1) the license holder has failed to comply with a requirement in this chapter or Minnesota​ 134.11 Rules, chapter 9502 or 9503, that the commissioner determines to be low risk as determined​ 134.12 by the child care weighted risk system;​ 134.13 (2) the noncompliance does not imminently endanger the health, safety, or rights of the​ 134.14 persons served by the program; and​ 134.15 (3) the license holder did not receive documented technical assistance or a correction​ 134.16 order for the same violation at the license holder's most recent annual licensing inspection.​ 134.17 (b) Documented technical assistance must include communication from the commissioner​ 134.18 to the license holder that:​ 134.19 (1) states the conditions that constitute a violation of a law or rule;​ 134.20 (2) references the specific law or rule violated; and​ 134.21 (3) explains remedies for correcting the violation.​ 134.22 (c) The commissioner shall not publicly publish documented technical assistance on the​ 134.23 department's website.​ 134.24 Sec. 2. Minnesota Statutes 2022, section 245A.065, is amended to read:​ 134.25 245A.065 CHILD CARE FIX-IT TICKET.​ 134.26 Subdivision 1. Fix-it ticket. (a) In lieu of a correction order under section 245A.06, the​ 134.27 commissioner shall issue a fix-it ticket to a family child care or child care center license​ 134.28 holder if the commissioner finds that:​ 134.29 (1) the license holder has failed to comply with a requirement in this chapter or Minnesota​ 134.30 Rules, chapter 9502 or 9503, that the commissioner determines to be eligible for a fix-it​ 134.31 ticket;​ 134​ Article 15 Sec. 2.​ REVISOR CR H5237-4​ HF5237 FOURTH ENGROSSMENT​ 135.1 (2) the violation does not imminently endanger the health, safety, or rights of the persons​ 135.2 served by the program;​ 135.3 (3) the license holder did not receive a fix-it ticket or correction order for the violation​ 135.4 at the license holder's last licensing inspection;​ 135.5 (4) the violation can be corrected at the time of inspection or within 48 hours, excluding​ 135.6 Saturdays, Sundays, and holidays; and​ 135.7 (5) the license holder corrects the violation at the time of inspection or agrees to correct​ 135.8 the violation within 48 hours, excluding Saturdays, Sundays, and holidays.​ 135.9 (b) The fix-it ticket must state:​ 135.10 (1) the conditions that constitute a violation of the law or rule;​ 135.11 (2) the specific law or rule violated; and​ 135.12 (3) that the violation was corrected at the time of inspection or must be corrected within​ 135.13 48 hours, excluding Saturdays, Sundays, and holidays.​ 135.14 (c) The commissioner shall not publicly publish a fix-it ticket on the department's website.​ 135.15 (d) Within 48 hours, excluding Saturdays, Sundays, and holidays, of receiving a fix-it​ 135.16 ticket, the license holder must correct the violation and within one week submit evidence​ 135.17 to the licensing agency that the violation was corrected.​ 135.18 (e) If the violation is not corrected at the time of inspection or within 48 hours, excluding​ 135.19 Saturdays, Sundays, and holidays, or the evidence submitted is insufficient to establish that​ 135.20 the license holder corrected the violation, the commissioner must issue a correction order​ 135.21 for the violation of Minnesota law or rule identified in the fix-it ticket according to section​ 135.22 245A.06.​ 135.23 Subd. 2. Expiration. This section expires upon the implementation of the child care​ 135.24 weighted risk system in section 142B.171. The commissioner of children, youth, and families​ 135.25 shall notify the revisor of statutes when the system has been implemented.​ 135.26 Sec. 3. Minnesota Statutes 2023 Supplement, section 245A.50, subdivision 3, is amended​ 135.27 to read:​ 135.28 Subd. 3. First aid. (a) Before initial licensure and before caring for a child, license​ 135.29 holders, second adult caregivers, and substitutes must be trained in pediatric first aid. The​ 135.30 first aid training must have been provided by an individual approved to provide first aid​ 135.31 instruction. First aid training may be less than eight hours and persons qualified to provide​ 135​ Article 15 Sec. 3.​ REVISOR CR H5237-4​ HF5237 FOURTH ENGROSSMENT​ 136.1 first aid training include individuals approved as first aid instructors. License holders, second​ 136.2 adult caregivers, and substitutes must repeat pediatric first aid training every two years​ 136.3 within 90 days of the date the training was previously taken. License holders, second adult​ 136.4 caregivers, and substitutes must not let the training expire.​ 136.5 (b) Video training reviewed and approved by the county licensing agency satisfies the​ 136.6 training requirement of this subdivision.​ 136.7 Sec. 4. Minnesota Statutes 2023 Supplement, section 245A.50, subdivision 4, is amended​ 136.8 to read:​ 136.9 Subd. 4. Cardiopulmonary resuscitation. (a) Before initial licensure and before caring​ 136.10 for a child, license holders, second adult caregivers, and substitutes must be trained in​ 136.11 pediatric cardiopulmonary resuscitation (CPR), including CPR techniques for infants and​ 136.12 children, and in the treatment of obstructed airways. The CPR training must have been​ 136.13 provided by an individual approved to provide CPR instruction. License holders, second​ 136.14 adult caregivers, and substitutes must repeat pediatric CPR training at least once every two​ 136.15 years within 90 days of the date the training was previously taken, and the training must​ 136.16 document the training be documented in the license holder's records. License holders, second​ 136.17 adult caregivers, and substitutes must not let the training expire.​ 136.18 (b) Persons providing CPR training must use CPR training that has been developed:​ 136.19 (1) by the American Heart Association or the American Red Cross and incorporates​ 136.20 psychomotor skills to support the instruction; or​ 136.21 (2) using nationally recognized, evidence-based guidelines for CPR training and​ 136.22 incorporates psychomotor skills to support the instruction.​ 136.23 ARTICLE 16​ 136.24 DEPARTMENT OF CHILDREN, YOUTH, AND FAMILIES​ 136.25 Section 1. Minnesota Statutes 2022, section 125A.63, subdivision 5, is amended to read:​ 136.26 Subd. 5. Statewide hearing loss early education intervention coordinator. (a) The​ 136.27 coordinator shall:​ 136.28 (1) collaborate with the early hearing detection and intervention coordinator for the​ 136.29 Department of Health, deaf and hard-of-hearing state specialist, and the Department of​ 136.30 Health Early Hearing Detection and Intervention Advisory Council;​ 136​ Article 16 Section 1.​ REVISOR CR H5237-4​ HF5237 FOURTH ENGROSSMENT​ 137.1 (2) coordinate and support Department of Education and Department of Children, Youth,​ 137.2 and Families early hearing detection and intervention teams;​ 137.3 (3) leverage resources by serving as a liaison between interagency early intervention​ 137.4 committees; part C coordinators from the Departments of Education, Health, and Human​ 137.5 Services; Department of Education regional low-incidence facilitators; service coordinators​ 137.6 from school districts; Minnesota children with special health needs in the Department of​ 137.7 Health; public health nurses; child find; Department of Human Services Deaf and​ 137.8 Hard-of-Hearing Services Division; and others as appropriate;​ 137.9 (4) identify, support, and promote culturally appropriate and evidence-based early​ 137.10 intervention practices for infants with hearing loss, and provide training, outreach, and use​ 137.11 of technology to increase consistency in statewide service provision;​ 137.12 (5) identify culturally appropriate specialized reliable and valid instruments to assess​ 137.13 and track the progress of children with hearing loss and promote their use;​ 137.14 (6) ensure that early childhood providers, parents, and members of the individual family​ 137.15 service and intervention plan are provided with child progress data resulting from specialized​ 137.16 assessments;​ 137.17 (7) educate early childhood providers and teachers of the deaf and hard-of-hearing to​ 137.18 use developmental data from specialized assessments to plan and adjust individual family​ 137.19 service plans; and​ 137.20 (8) make recommendations that would improve educational outcomes to the early hearing​ 137.21 detection and intervention committee, the commissioners of education; children, youth, and​ 137.22 families; and health, the Commission of the Deaf, DeafBlind and Hard of Hearing, and the​ 137.23 advisory council for the deaf and hard-of-hearing.​ 137.24 (b) The Department of Education and Department of Children, Youth, and Families​ 137.25 must provide aggregate data regarding outcomes of deaf and hard-of-hearing children who​ 137.26 receive early intervention services within the state in accordance with the state performance​ 137.27 plan.​ 137.28 Sec. 2. [142A.045] CHILDREN, YOUTH, AND FAMILIES​ 137.29 INTERGOVERNMENTAL ADVISORY COMMITTEE.​ 137.30 (a) An intergovernmental advisory committee is established to provide advice,​ 137.31 consultation, and recommendations to the commissioner on the planning, design,​ 137.32 administration, funding, and evaluation of services to children, youth, and families. Each​ 137.33 of Minnesota's federally recognized Tribal Nations may, but is not required to, participate​ 137​ Article 16 Sec. 2.​ REVISOR CR H5237-4​ HF5237 FOURTH ENGROSSMENT​ 138.1 in the advisory committee required under this section. Notwithstanding section 15.059, the​ 138.2 commissioner, each participating Tribal Nation, the Association of Minnesota Counties,​ 138.3 and the Minnesota Association of County Social Services Administrators must codevelop​ 138.4 and execute a process to administer the committee that ensures each participating Tribal​ 138.5 Nation and each county are represented. The committee must meet at least quarterly and​ 138.6 special meetings may be called by the committee chair or a majority of the members. A​ 138.7 Tribal Nation may elect to participate at any time.​ 138.8 (b) Subject to section 15.059, the commissioner may reimburse committee members or​ 138.9 their alternates for allowable expenses while engaged in their official duties as committee​ 138.10 members.​ 138.11 (c) Notwithstanding section 15.059, the intergovernmental advisory committee does not​ 138.12 expire.​ 138.13 (d) In addition to the requirements under this section, the commissioner must implement​ 138.14 a Tribal consultation process under section 10.65 to ensure recognition of the unique legal​ 138.15 relationship between the state of Minnesota and Minnesota Tribal governments.​ 138.16 Sec. 3. [142B.47] TRAINING ON RISK OF SUDDEN UNEXPECTED INFANT​ 138.17 DEATH AND ABUSIVE HEAD TRAUMA FOR CHILD FOSTER CARE​ 138.18 PROVIDERS.​ 138.19 (a) Licensed child foster care providers that care for infants or children through five​ 138.20 years of age must document that before caregivers assist in the care of infants or children​ 138.21 through five years of age, they are instructed on the standards in section 142B.46 and receive​ 138.22 training on reducing the risk of sudden unexpected infant death and abusive head trauma​ 138.23 from shaking infants and young children. This section does not apply to emergency relative​ 138.24 placement under section 142B.06. The training on reducing the risk of sudden unexpected​ 138.25 infant death and abusive head trauma may be provided as:​ 138.26 (1) orientation training to child foster care providers who care for infants or children​ 138.27 through five years of age under Minnesota Rules, part 2960.3070, subpart 1; or​ 138.28 (2) in-service training to child foster care providers who care for infants or children​ 138.29 through five years of age under Minnesota Rules, part 2960.3070, subpart 2.​ 138.30 (b) Training required under this section must be at least one hour in length and must be​ 138.31 completed at least once every five years. At a minimum, the training must address the risk​ 138.32 factors related to sudden unexpected infant death and abusive head trauma, means of reducing​ 138.33 the risk of sudden unexpected infant death and abusive head trauma, and license holder​ 138​ Article 16 Sec. 3.​ REVISOR CR H5237-4​ HF5237 FOURTH ENGROSSMENT​ 139.1 communication with parents regarding reducing the risk of sudden unexpected infant death​ 139.2 and abusive head trauma.​ 139.3 (c) Training for child foster care providers must be approved by the county or private​ 139.4 licensing agency that is responsible for monitoring the child foster care provider under​ 139.5 section 142B.30. The approved training fulfills, in part, training required under Minnesota​ 139.6 Rules, part 2960.3070.​ 139.7 Sec. 4. Minnesota Statutes 2022, section 144.966, subdivision 2, is amended to read:​ 139.8 Subd. 2. Newborn Hearing Screening Advisory Committee. (a) The commissioner​ 139.9 of health shall establish a Newborn Hearing Screening Advisory Committee to advise and​ 139.10 assist the Department of Health; Department of Children, Youth, and Families; and the​ 139.11 Department of Education in:​ 139.12 (1) developing protocols and timelines for screening, rescreening, and diagnostic​ 139.13 audiological assessment and early medical, audiological, and educational intervention​ 139.14 services for children who are deaf or hard-of-hearing;​ 139.15 (2) designing protocols for tracking children from birth through age three that may have​ 139.16 passed newborn screening but are at risk for delayed or late onset of permanent hearing​ 139.17 loss;​ 139.18 (3) designing a technical assistance program to support facilities implementing the​ 139.19 screening program and facilities conducting rescreening and diagnostic audiological​ 139.20 assessment;​ 139.21 (4) designing implementation and evaluation of a system of follow-up and tracking; and​ 139.22 (5) evaluating program outcomes to increase effectiveness and efficiency and ensure​ 139.23 culturally appropriate services for children with a confirmed hearing loss and their families.​ 139.24 (b) The commissioner of health shall appoint at least one member from each of the​ 139.25 following groups with no less than two of the members being deaf or hard-of-hearing:​ 139.26 (1) a representative from a consumer organization representing culturally deaf persons;​ 139.27 (2) a parent with a child with hearing loss representing a parent organization;​ 139.28 (3) a consumer from an organization representing oral communication options;​ 139.29 (4) a consumer from an organization representing cued speech communication options;​ 139.30 (5) an audiologist who has experience in evaluation and intervention of infants and​ 139.31 young children;​ 139​ Article 16 Sec. 4.​ REVISOR CR H5237-4​ HF5237 FOURTH ENGROSSMENT​ 140.1 (6) a speech-language pathologist who has experience in evaluation and intervention of​ 140.2 infants and young children;​ 140.3 (7) two primary care providers who have experience in the care of infants and young​ 140.4 children, one of which shall be a pediatrician;​ 140.5 (8) a representative from the early hearing detection intervention teams;​ 140.6 (9) a representative from the Department of Education resource center for the deaf and​ 140.7 hard-of-hearing or the representative's designee;​ 140.8 (10) a representative of the Commission of the Deaf, DeafBlind and Hard of Hearing;​ 140.9 (11) a representative from the Department of Human Services Deaf and Hard-of-Hearing​ 140.10 Services Division;​ 140.11 (12) one or more of the Part C coordinators from the Department of Education,; the​ 140.12 Department of Health,; the Department of Children, Youth, and Families; or the Department​ 140.13 of Human Services or the department's designees;​ 140.14 (13) the Department of Health early hearing detection and intervention coordinators;​ 140.15 (14) two birth hospital representatives from one rural and one urban hospital;​ 140.16 (15) a pediatric geneticist;​ 140.17 (16) an otolaryngologist;​ 140.18 (17) a representative from the Newborn Screening Advisory Committee under this​ 140.19 subdivision;​ 140.20 (18) a representative of the Department of Education regional low-incidence facilitators;​ 140.21 (19) a representative from the deaf mentor program; and​ 140.22 (20) a representative of the Minnesota State Academy for the Deaf from the Minnesota​ 140.23 State Academies staff.​ 140.24 The commissioner must complete the initial appointments required under this subdivision​ 140.25 by September 1, 2007, and the initial appointments under clauses (19) and (20) by September​ 140.26 1, 2019.​ 140.27 (c) The Department of Health member shall chair the first meeting of the committee. At​ 140.28 the first meeting, the committee shall elect a chair from its membership. The committee​ 140.29 shall meet at the call of the chair, at least four times a year. The committee shall adopt​ 140.30 written bylaws to govern its activities. The Department of Health shall provide technical​ 140.31 and administrative support services as required by the committee. These services shall​ 140​ Article 16 Sec. 4.​ REVISOR CR H5237-4​ HF5237 FOURTH ENGROSSMENT​ 141.1 include technical support from individuals qualified to administer infant hearing screening,​ 141.2 rescreening, and diagnostic audiological assessments.​ 141.3 Members of the committee shall receive no compensation for their service, but shall be​ 141.4 reimbursed as provided in section 15.059 for expenses incurred as a result of their duties​ 141.5 as members of the committee.​ 141.6 (d) By February 15, 2015, and by February 15 of the odd-numbered years after that date,​ 141.7 the commissioner shall report to the chairs and ranking minority members of the legislative​ 141.8 committees with jurisdiction over health and data privacy on the activities of the committee​ 141.9 that have occurred during the past two years.​ 141.10 (e) This subdivision expires June 30, 2025.​ 141.11 Sec. 5. Minnesota Statutes 2022, section 245.975, subdivision 2, is amended to read:​ 141.12 Subd. 2. Duties. (a) The ombudsperson's duties shall include:​ 141.13 (1) advocating on behalf of a family child care provider to address all areas of concern​ 141.14 related to the provision of child care services, including licensing monitoring activities,​ 141.15 licensing actions, and other interactions with state and county licensing staff;​ 141.16 (2) providing recommendations for family child care improvement or family child care​ 141.17 provider education;​ 141.18 (3) operating a telephone line to answer questions, receive complaints, and discuss​ 141.19 agency actions when a family child care provider believes that the provider's rights or​ 141.20 program may have been adversely affected; and​ 141.21 (4) assisting a family child care license applicant with navigating the application process.​ 141.22 (b) The ombudsperson must report annually by December 31 to the commissioner of​ 141.23 children, youth, and families and the chairs and ranking minority members of the legislative​ 141.24 committees with jurisdiction over child care on the services provided by the ombudsperson​ 141.25 to child care providers, including the number and locations of child care providers served​ 141.26 and the activities of the ombudsperson in carrying out the duties under this section. The​ 141.27 commissioner shall determine the form of the report and may specify additional reporting​ 141.28 requirements.​ 141.29 Sec. 6. Minnesota Statutes 2022, section 245.975, subdivision 4, is amended to read:​ 141.30 Subd. 4. Access to records. (a) The ombudsperson or designee, excluding volunteers,​ 141.31 has access to any data of a state agency necessary for the discharge of the ombudsperson's​ 141​ Article 16 Sec. 6.​ REVISOR CR H5237-4​ HF5237 FOURTH ENGROSSMENT​ 142.1 duties, including records classified as confidential data on individuals or private data on​ 142.2 individuals under chapter 13 or any other law. The ombudsperson's data request must relate​ 142.3 to a specific case and is subject to section 13.03, subdivision 4. If the data concerns an​ 142.4 individual, the ombudsperson or designee shall first obtain the individual's consent. If the​ 142.5 individual is unable to consent and has no parent or legal guardian, then the ombudsperson's​ 142.6 or designee's access to the data is authorized by this section.​ 142.7 (b) The ombudsperson and designees must adhere to the Minnesota Government Data​ 142.8 Practices Act and must not disseminate any private or confidential data on individuals unless​ 142.9 specifically authorized by state, local, or federal law or pursuant to a court order.​ 142.10 (c) The commissioner of human services; the commissioner of children, youth, and​ 142.11 families; and any county agency must provide the ombudsperson copies of all fix-it tickets,​ 142.12 correction orders, and licensing actions issued to family child care providers.​ 142.13 Sec. 7. Minnesota Statutes 2022, section 245.975, subdivision 9, is amended to read:​ 142.14 Subd. 9. Posting. (a) The commissioner of children, youth, and families shall post on​ 142.15 the department's website the mailing address, email address, and telephone number for the​ 142.16 office of the ombudsperson. The commissioner shall provide family child care providers​ 142.17 with the mailing address, email address, and telephone number of the ombudsperson's office​ 142.18 on the family child care licensing website and upon request of a family child care applicant​ 142.19 or provider. Counties must provide family child care applicants and providers with the​ 142.20 name, mailing address, email address, and telephone number of the ombudsperson's office​ 142.21 upon request.​ 142.22 (b) The ombudsperson must approve all postings and notices required by the department​ 142.23 and counties under this subdivision.​ 142.24 Sec. 8. Minnesota Statutes 2022, section 245A.10, subdivision 1, as amended by Laws​ 142.25 2024, chapter 80, article 2, section 48, is amended to read:​ 142.26 Subdivision 1. Application or license fee required, programs exempt from fee. (a)​ 142.27 Unless exempt under paragraph (b), the commissioner shall charge a fee for evaluation of​ 142.28 applications and inspection of programs which are licensed under this chapter.​ 142.29 (b) Except as provided under subdivision 2, no application or license fee shall be charged​ 142.30 for a child foster residence setting, adult foster care, or a community residential setting.​ 142​ Article 16 Sec. 8.​ REVISOR CR H5237-4​ HF5237 FOURTH ENGROSSMENT​ 143.1 Sec. 9. Minnesota Statutes 2022, section 245A.10, subdivision 2, as amended by Laws​ 143.2 2024, chapter 80, article 2, section 49, is amended to read:​ 143.3 Subd. 2. County fees for applications and licensing inspections. (a) For purposes of​ 143.4 adult foster care and child foster residence setting licensing and licensing the physical plant​ 143.5 of a community residential setting, under this chapter, a county agency may charge a fee to​ 143.6 a corporate applicant or corporate license holder to recover the actual cost of licensing​ 143.7 inspections, not to exceed $500 annually.​ 143.8 (b) Counties may elect to reduce or waive the fees in paragraph (a) under the following​ 143.9 circumstances:​ 143.10 (1) in cases of financial hardship;​ 143.11 (2) if the county has a shortage of providers in the county's area; or​ 143.12 (3) for new providers.​ 143.13 Sec. 10. Minnesota Statutes 2022, section 245A.144, is amended to read:​ 143.14 245A.144 TRAINING ON RISK OF SUDDEN UNEXPECTED INFANT DEATH​ 143.15 AND ABUSIVE HEAD TRAUMA FOR CHILD FOSTER CARE PROVIDERS.​ 143.16 (a) Licensed child foster care providers that care for infants or children through five​ 143.17 years of age must document that before staff persons and caregivers assist in the care of​ 143.18 infants or children through five years of age, they are instructed on the standards in section​ 143.19 245A.1435 142B.46 and receive training on reducing the risk of sudden unexpected infant​ 143.20 death and abusive head trauma from shaking infants and young children. This section does​ 143.21 not apply to emergency relative placement under section 245A.035. The training on reducing​ 143.22 the risk of sudden unexpected infant death and abusive head trauma may be provided as:​ 143.23 (1) orientation training to child foster care providers, who care for infants or children​ 143.24 through five years of age, under Minnesota Rules, part 2960.3070, subpart 1; or​ 143.25 (2) in-service training to child foster care providers, who care for infants or children​ 143.26 through five years of age, under Minnesota Rules, part 2960.3070, subpart 2.​ 143.27 (b) Training required under this section must be at least one hour in length and must be​ 143.28 completed at least once every five years. At a minimum, the training must address the risk​ 143.29 factors related to sudden unexpected infant death and abusive head trauma, means of reducing​ 143.30 the risk of sudden unexpected infant death and abusive head trauma, and license holder​ 143.31 communication with parents regarding reducing the risk of sudden unexpected infant death​ 143.32 and abusive head trauma.​ 143​ Article 16 Sec. 10.​ REVISOR CR H5237-4​ HF5237 FOURTH ENGROSSMENT​ 144.1 (c) Training for child foster care providers must be approved by the county or private​ 144.2 licensing agency that is responsible for monitoring the child foster care provider under​ 144.3 section 245A.16. The approved training fulfills, in part, training required under Minnesota​ 144.4 Rules, part 2960.3070.​ 144.5 Sec. 11. Minnesota Statutes 2023 Supplement, section 245A.16, subdivision 1, as amended​ 144.6 by Laws 2024, chapter 80, article 2, section 65, is amended to read:​ 144.7 Subdivision 1. Delegation of authority to agencies. (a) County agencies that have been​ 144.8 designated by the commissioner to perform licensing functions and activities under section​ 144.9 245A.04; to recommend denial of applicants under section 245A.05; to issue correction​ 144.10 orders, to issue variances, and recommend a conditional license under section 245A.06; or​ 144.11 to recommend suspending or revoking a license or issuing a fine under section 245A.07,​ 144.12 shall comply with rules and directives of the commissioner governing those functions and​ 144.13 with this section. The following variances are excluded from the delegation of variance​ 144.14 authority and may be issued only by the commissioner:​ 144.15 (1) dual licensure of family child foster care and family adult foster care, dual licensure​ 144.16 of child foster residence setting and community residential setting, and dual licensure of​ 144.17 family adult foster care and family child care;​ 144.18 (2) until the responsibility for family child foster care transfers to the commissioner of​ 144.19 children, youth, and families under Laws 2023, chapter 70, article 12, section 30, dual​ 144.20 licensure of family child foster care and family adult foster care;​ 144.21 (3) until the responsibility for family child care transfers to the commissioner of children,​ 144.22 youth, and families under Laws 2023, chapter 70, article 12, section 30, dual licensure of​ 144.23 family adult foster care and family child care;​ 144.24 (4) adult foster care maximum capacity;​ 144.25 (3) (5) adult foster care minimum age requirement;​ 144.26 (4) (6) child foster care maximum age requirement;​ 144.27 (5) (7) variances regarding disqualified individuals;​ 144.28 (6) (8) the required presence of a caregiver in the adult foster care residence during​ 144.29 normal sleeping hours;​ 144.30 (7) (9) variances to requirements relating to chemical use problems of a license holder​ 144.31 or a household member of a license holder; and​ 144​ Article 16 Sec. 11.​ REVISOR CR H5237-4​ HF5237 FOURTH ENGROSSMENT​ 145.1 (8) (10) variances to section 142B.46 for the use of a cradleboard for a cultural​ 145.2 accommodation.​ 145.3 (b) Once the respective responsibilities transfer from the commissioner of human services​ 145.4 to the commissioner of children, youth, and families, under Laws 2023, chapter 70, article​ 145.5 12, section 30, the commissioners of human services and children, youth, and families must​ 145.6 both approve a variance for dual licensure of family child foster care and family adult foster​ 145.7 care or family adult foster care and family child care. Variances under this paragraph are​ 145.8 excluded from the delegation of variance authority and may be issued only by both​ 145.9 commissioners.​ 145.10 (b) (c) For family adult day services programs, the commissioner may authorize licensing​ 145.11 reviews every two years after a licensee has had at least one annual review.​ 145.12 (c) (d) A license issued under this section may be issued for up to two years.​ 145.13 (d) (e) During implementation of chapter 245D, the commissioner shall consider:​ 145.14 (1) the role of counties in quality assurance;​ 145.15 (2) the duties of county licensing staff; and​ 145.16 (3) the possible use of joint powers agreements, according to section 471.59, with counties​ 145.17 through which some licensing duties under chapter 245D may be delegated by the​ 145.18 commissioner to the counties.​ 145.19 Any consideration related to this paragraph must meet all of the requirements of the corrective​ 145.20 action plan ordered by the federal Centers for Medicare and Medicaid Services.​ 145.21 (e) (f) Licensing authority specific to section 245D.06, subdivisions 5, 6, 7, and 8, or​ 145.22 successor provisions; and section 245D.061 or successor provisions, for family child foster​ 145.23 care programs providing out-of-home respite, as identified in section 245D.03, subdivision​ 145.24 1, paragraph (b), clause (1), is excluded from the delegation of authority to county agencies.​ 145.25 Sec. 12. Minnesota Statutes 2022, section 245A.175, is amended to read:​ 145.26 245A.175 CHILD FOSTER CARE TRAINING REQUIREMENT; MENTAL​ 145.27 HEALTH TRAINING; FETAL ALCOHOL SPECTRUM DISORDERS TRAINING.​ 145.28 Prior to a nonemergency placement of a child in a foster care home, the child foster care​ 145.29 license holder and caregivers in foster family and treatment foster care settings, and all staff​ 145.30 providing care in foster residence settings must complete two hours of training that addresses​ 145.31 the causes, symptoms, and key warning signs of mental health disorders; cultural​ 145.32 considerations; and effective approaches for dealing with a child's behaviors. At least one​ 145​ Article 16 Sec. 12.​ REVISOR CR H5237-4​ HF5237 FOURTH ENGROSSMENT​ 146.1 hour of the annual training requirement for the foster family license holder and caregivers,​ 146.2 and foster residence staff must be on children's mental health issues and treatment. Except​ 146.3 for providers and services under chapter 245D, the annual training must also include at least​ 146.4 one hour of training on fetal alcohol spectrum disorders, which must be counted toward the​ 146.5 12 hours of required in-service training per year. Short-term substitute caregivers are exempt​ 146.6 from these requirements. Training curriculum shall be approved by the commissioner of​ 146.7 human services.​ 146.8 Sec. 13. Minnesota Statutes 2023 Supplement, section 245A.66, subdivision 4, as amended​ 146.9 by Laws 2024, chapter 80, article 2, section 73, is amended to read:​ 146.10 Subd. 4. Ongoing training requirement. (a) In addition to the orientation training​ 146.11 required by the applicable licensing rules and statutes, children's residential facility license​ 146.12 holders must provide a training annually on the maltreatment of minors reporting​ 146.13 requirements and definitions in chapter 260E to each mandatory reporter, as described in​ 146.14 section 260E.06, subdivision 1.​ 146.15 (b) In addition to the orientation training required by the applicable licensing rules and​ 146.16 statutes, all foster residence setting staff and volunteers that are mandatory reporters as​ 146.17 described in section 260E.06, subdivision 1, must complete training each year on the​ 146.18 maltreatment of minors reporting requirements and definitions in chapter 260E.​ 146.19 Sec. 14. Minnesota Statutes 2022, section 256.029, as amended by Laws 2024, chapter​ 146.20 80, article 1, section 66, is amended to read:​ 146.21 256.029 DOMESTIC VIOLENCE INFORMATIONAL BROCHURE.​ 146.22 (a) The commissioner shall provide a domestic violence informational brochure that​ 146.23 provides information about the existence of domestic violence waivers for eligible public​ 146.24 assistance applicants to all applicants of general assistance, medical assistance, and​ 146.25 MinnesotaCare. The brochure must explain that eligible applicants may be temporarily​ 146.26 waived from certain program requirements due to domestic violence. The brochure must​ 146.27 provide information about services and other programs to help victims of domestic violence.​ 146.28 (b) The brochure must be funded with TANF funds.​ 146.29 (c) The commissioner must work with the commissioner of children, youth, and families​ 146.30 to create a brochure that meets the requirements of this section and section 142G.05.​ 146​ Article 16 Sec. 14.​ REVISOR CR H5237-4​ HF5237 FOURTH ENGROSSMENT​ 147.1 Sec. 15. Minnesota Statutes 2023 Supplement, section 256.043, subdivision 3, is amended​ 147.2 to read:​ 147.3 Subd. 3. Appropriations from registration and license fee account. (a) The​ 147.4 appropriations in paragraphs (b) to (n) shall be made from the registration and license fee​ 147.5 account on a fiscal year basis in the order specified.​ 147.6 (b) The appropriations specified in Laws 2019, chapter 63, article 3, section 1, paragraphs​ 147.7 (b), (f), (g), and (h), as amended by Laws 2020, chapter 115, article 3, section 35, shall be​ 147.8 made accordingly.​ 147.9 (c) $100,000 is appropriated to the commissioner of human services for grants for opiate​ 147.10 antagonist distribution. Grantees may utilize funds for opioid overdose prevention,​ 147.11 community asset mapping, education, and opiate antagonist distribution.​ 147.12 (d) $2,000,000 is appropriated to the commissioner of human services for grants to Tribal​ 147.13 nations and five urban Indian communities for traditional healing practices for American​ 147.14 Indians and to increase the capacity of culturally specific providers in the behavioral health​ 147.15 workforce.​ 147.16 (e) $400,000 is appropriated to the commissioner of human services for competitive​ 147.17 grants for opioid-focused Project ECHO programs.​ 147.18 (f) $277,000 in fiscal year 2024 and $321,000 each year thereafter is appropriated to the​ 147.19 commissioner of human services to administer the funding distribution and reporting​ 147.20 requirements in paragraph (o).​ 147.21 (g) $3,000,000 in fiscal year 2025 and $3,000,000 each year thereafter is appropriated​ 147.22 to the commissioner of human services for safe recovery sites start-up and capacity building​ 147.23 grants under section 254B.18.​ 147.24 (h) $395,000 in fiscal year 2024 and $415,000 each year thereafter is appropriated to​ 147.25 the commissioner of human services for the opioid overdose surge alert system under section​ 147.26 245.891.​ 147.27 (i) $300,000 is appropriated to the commissioner of management and budget for​ 147.28 evaluation activities under section 256.042, subdivision 1, paragraph (c).​ 147.29 (j) $261,000 is appropriated to the commissioner of human services for the provision of​ 147.30 administrative services to the Opiate Epidemic Response Advisory Council and for the​ 147.31 administration of the grants awarded under paragraph (n).​ 147​ Article 16 Sec. 15.​ REVISOR CR H5237-4​ HF5237 FOURTH ENGROSSMENT​ 148.1 (k) $126,000 is appropriated to the Board of Pharmacy for the collection of the registration​ 148.2 fees under section 151.066.​ 148.3 (l) $672,000 is appropriated to the commissioner of public safety for the Bureau of​ 148.4 Criminal Apprehension. Of this amount, $384,000 is for drug scientists and lab supplies​ 148.5 and $288,000 is for special agent positions focused on drug interdiction and drug trafficking.​ 148.6 (m) After the appropriations in paragraphs (b) to (l) are made, 50 percent of the remaining​ 148.7 amount is appropriated to the commissioner of human services children, youth, and families​ 148.8 for distribution to county social service agencies and Tribal social service agency initiative​ 148.9 projects authorized under section 256.01, subdivision 14b, to provide child protection​ 148.10 services to children and families who are affected by addiction. The commissioner shall​ 148.11 distribute this money proportionally to county social service agencies and Tribal social​ 148.12 service agency initiative projects based on out-of-home placement episodes where parental​ 148.13 drug abuse is the primary reason for the out-of-home placement using data from the previous​ 148.14 calendar year. County social service agencies and Tribal social service agency initiative​ 148.15 projects receiving funds from the opiate epidemic response fund must annually report to​ 148.16 the commissioner on how the funds were used to provide child protection services, including​ 148.17 measurable outcomes, as determined by the commissioner. County social service agencies​ 148.18 and Tribal social service agency initiative projects must not use funds received under this​ 148.19 paragraph to supplant current state or local funding received for child protection services​ 148.20 for children and families who are affected by addiction.​ 148.21 (n) After the appropriations in paragraphs (b) to (m) are made, the remaining amount in​ 148.22 the account is appropriated to the commissioner of human services to award grants as​ 148.23 specified by the Opiate Epidemic Response Advisory Council in accordance with section​ 148.24 256.042, unless otherwise appropriated by the legislature.​ 148.25 (o) Beginning in fiscal year 2022 and each year thereafter, funds for county social service​ 148.26 agencies and Tribal social service agency initiative projects under paragraph (m) and grant​ 148.27 funds specified by the Opiate Epidemic Response Advisory Council under paragraph (n)​ 148.28 may be distributed on a calendar year basis.​ 148.29 (p) Notwithstanding section 16A.28, subdivision 3, funds appropriated in paragraphs​ 148.30 (c), (d), (e), (g), (m), and (n) are available for three years after the funds are appropriated.​ 148​ Article 16 Sec. 15.​ REVISOR CR H5237-4​ HF5237 FOURTH ENGROSSMENT​ 149.1 Sec. 16. Minnesota Statutes 2023 Supplement, section 256.043, subdivision 3a, is amended​ 149.2 to read:​ 149.3 Subd. 3a. Appropriations from settlement account. (a) The appropriations in paragraphs​ 149.4 (b) to (e) shall be made from the settlement account on a fiscal year basis in the order​ 149.5 specified.​ 149.6 (b) If the balance in the registration and license fee account is not sufficient to fully fund​ 149.7 the appropriations specified in subdivision 3, paragraphs (b) to (l), an amount necessary to​ 149.8 meet any insufficiency shall be transferred from the settlement account to the registration​ 149.9 and license fee account to fully fund the required appropriations.​ 149.10 (c) $209,000 in fiscal year 2023 and $239,000 in fiscal year 2024 and subsequent fiscal​ 149.11 years are appropriated to the commissioner of human services for the administration of​ 149.12 grants awarded under paragraph (e). $276,000 in fiscal year 2023 and $151,000 in fiscal​ 149.13 year 2024 and subsequent fiscal years are appropriated to the commissioner of human​ 149.14 services to collect, collate, and report data submitted and to monitor compliance with​ 149.15 reporting and settlement expenditure requirements by grantees awarded grants under this​ 149.16 section and municipalities receiving direct payments from a statewide opioid settlement​ 149.17 agreement as defined in section 256.042, subdivision 6.​ 149.18 (d) After any appropriations necessary under paragraphs (b) and (c) are made, an amount​ 149.19 equal to the calendar year allocation to Tribal social service agency initiative projects under​ 149.20 subdivision 3, paragraph (m), is appropriated from the settlement account to the commissioner​ 149.21 of human services children, youth, and families for distribution to Tribal social service​ 149.22 agency initiative projects to provide child protection services to children and families who​ 149.23 are affected by addiction. The requirements related to proportional distribution, annual​ 149.24 reporting, and maintenance of effort specified in subdivision 3, paragraph (m), also apply​ 149.25 to the appropriations made under this paragraph.​ 149.26 (e) After making the appropriations in paragraphs (b), (c), and (d), the remaining amount​ 149.27 in the account is appropriated to the commissioner of human services to award grants as​ 149.28 specified by the Opiate Epidemic Response Advisory Council in accordance with section​ 149.29 256.042.​ 149.30 (f) Funds for Tribal social service agency initiative projects under paragraph (d) and​ 149.31 grant funds specified by the Opiate Epidemic Response Advisory Council under paragraph​ 149.32 (e) may be distributed on a calendar year basis.​ 149.33 (g) Notwithstanding section 16A.28, subdivision 3, funds appropriated in paragraphs​ 149.34 (d) and (e) are available for three years after the funds are appropriated.​ 149​ Article 16 Sec. 16.​ REVISOR CR H5237-4​ HF5237 FOURTH ENGROSSMENT​ 150.1 Sec. 17. Minnesota Statutes 2023 Supplement, section 256.045, subdivision 3, as amended​ 150.2 by Laws 2024, chapter 79, article 3, section 3, and Laws 2024, chapter 80, article 1, section​ 150.3 67, is amended to read:​ 150.4 Subd. 3. State agency hearings. (a) State agency hearings are available for the following:​ 150.5 (1) any person:​ 150.6 (i) applying for, receiving or having received public assistance, medical care, or a program​ 150.7 of social services administered by the commissioner or a county agency on behalf of the​ 150.8 commissioner; and​ 150.9 (ii) whose application for assistance is denied, not acted upon with reasonable promptness,​ 150.10 or whose assistance is suspended, reduced, terminated, or claimed to have been incorrectly​ 150.11 paid;​ 150.12 (2) any patient or relative aggrieved by an order of the commissioner under section​ 150.13 252.27;​ 150.14 (3) a party aggrieved by a ruling of a prepaid health plan;​ 150.15 (4) except as provided under chapter 245C, any individual or facility determined by a​ 150.16 lead investigative agency to have maltreated a vulnerable adult under section 626.557 after​ 150.17 they have exercised their right to administrative reconsideration under section 626.557;​ 150.18 (5) any person to whom a right of appeal according to this section is given by other​ 150.19 provision of law;​ 150.20 (6) an applicant aggrieved by an adverse decision to an application for a hardship waiver​ 150.21 under section 256B.15;​ 150.22 (7) an applicant aggrieved by an adverse decision to an application or redetermination​ 150.23 for a Medicare Part D prescription drug subsidy under section 256B.04, subdivision 4a;​ 150.24 (8) except as provided under chapter 245A, an individual or facility determined to have​ 150.25 maltreated a minor under chapter 260E, after the individual or facility has exercised the​ 150.26 right to administrative reconsideration under chapter 260E;​ 150.27 (8) (9) except as provided under chapter 245C and except for a subject of a background​ 150.28 study that the commissioner has conducted on behalf of another agency for a program or​ 150.29 facility not otherwise overseen by the commissioner, an individual disqualified under sections​ 150.30 245C.14 and 245C.15, following a reconsideration decision issued under section 245C.23,​ 150.31 on the basis of serious or recurring maltreatment; a preponderance of the evidence that the​ 150.32 individual has committed an act or acts that meet the definition of any of the crimes listed​ 150​ Article 16 Sec. 17.​ REVISOR CR H5237-4​ HF5237 FOURTH ENGROSSMENT​ 151.1 in section 245C.15, subdivisions 1 to 4; or for failing to make reports required under section​ 151.2 260E.06, subdivision 1, or 626.557, subdivision 3. Hearings regarding a maltreatment​ 151.3 determination under clause (4) or (8) or section 142A.20, subdivision 3, clause (4), and a​ 151.4 disqualification under this clause in which the basis for a disqualification is serious or​ 151.5 recurring maltreatment, shall be consolidated into a single fair hearing. In such cases, the​ 151.6 scope of review by the human services judge shall include both the maltreatment​ 151.7 determination and the disqualification. The failure to exercise the right to an administrative​ 151.8 reconsideration shall not be a bar to a hearing under this section if federal law provides an​ 151.9 individual the right to a hearing to dispute a finding of maltreatment;​ 151.10 (9) (10) any person with an outstanding debt resulting from receipt of public assistance​ 151.11 administered by the commissioner or medical care who is contesting a setoff claim by the​ 151.12 Department of Human Services or a county agency. The scope of the appeal is the validity​ 151.13 of the claimant agency's intention to request a setoff of a refund under chapter 270A against​ 151.14 the debt;​ 151.15 (10) (11) a person issued a notice of service termination under section 245D.10,​ 151.16 subdivision 3a, by a licensed provider of any residential supports or services listed in section​ 151.17 245D.03, subdivision 1, paragraphs (b) and (c), that is not otherwise subject to appeal under​ 151.18 subdivision 4a;​ 151.19 (11) (12) an individual disability waiver recipient based on a denial of a request for a​ 151.20 rate exception under section 256B.4914;​ 151.21 (12) (13) a person issued a notice of service termination under section 245A.11,​ 151.22 subdivision 11, that is not otherwise subject to appeal under subdivision 4a; or​ 151.23 (13) (14) a recovery community organization seeking medical assistance vendor eligibility​ 151.24 under section 254B.01, subdivision 8, that is aggrieved by a membership or accreditation​ 151.25 determination and that believes the organization meets the requirements under section​ 151.26 254B.05, subdivision 1, paragraph (d), clauses (1) to (10). The scope of the review by the​ 151.27 human services judge shall be limited to whether the organization meets each of the​ 151.28 requirements under section 254B.05, subdivision 1, paragraph (d), clauses (1) to (10).​ 151.29 (b) The hearing for an individual or facility under paragraph (a), clause (4), (8), or (9),​ 151.30 is the only administrative appeal to the final agency determination specifically, including​ 151.31 a challenge to the accuracy and completeness of data under section 13.04. Hearings requested​ 151.32 under paragraph (a), clause (4), apply only to incidents of maltreatment that occur on or​ 151.33 after October 1, 1995. Hearings requested by nursing assistants in nursing homes alleged​ 151.34 to have maltreated a resident prior to October 1, 1995, shall be held as a contested case​ 151​ Article 16 Sec. 17.​ REVISOR CR H5237-4​ HF5237 FOURTH ENGROSSMENT​ 152.1 proceeding under the provisions of chapter 14. Hearings requested under paragraph (a),​ 152.2 clause (8), apply only to incidents of maltreatment that occur on or after July 1, 1997. A​ 152.3 hearing for an individual or facility under paragraph (a), clause (4), (8), or (9), is only​ 152.4 available when there is no district court action pending. If such action is filed in district​ 152.5 court while an administrative review is pending that arises out of some or all of the events​ 152.6 or circumstances on which the appeal is based, the administrative review must be suspended​ 152.7 until the judicial actions are completed. If the district court proceedings are completed,​ 152.8 dismissed, or overturned, the matter may be considered in an administrative hearing.​ 152.9 (c) For purposes of this section, bargaining unit grievance procedures are not an​ 152.10 administrative appeal.​ 152.11 (d) The scope of hearings involving claims to foster care payments under section 142A.20,​ 152.12 subdivision 2, clause (2), shall be limited to the issue of whether the county is legally​ 152.13 responsible for a child's placement under court order or voluntary placement agreement​ 152.14 and, if so, the correct amount of foster care payment to be made on the child's behalf and​ 152.15 shall not include review of the propriety of the county's child protection determination or​ 152.16 child placement decision.​ 152.17 (d) (e) The scope of hearings under paragraph (a), clauses (11) and (13), shall be limited​ 152.18 to whether the proposed termination of services is authorized under section 245D.10,​ 152.19 subdivision 3a, paragraph (b), or 245A.11, subdivision 11, and whether the requirements​ 152.20 of section 245D.10, subdivision 3a, paragraphs (c) to (e), or 245A.11, subdivision 2a,​ 152.21 paragraphs (d) and (e), were met. If the appeal includes a request for a temporary stay of​ 152.22 termination of services, the scope of the hearing shall also include whether the case​ 152.23 management provider has finalized arrangements for a residential facility, a program, or​ 152.24 services that will meet the assessed needs of the recipient by the effective date of the service​ 152.25 termination.​ 152.26 (e) (f) A vendor of medical care as defined in section 256B.02, subdivision 7, or a vendor​ 152.27 under contract with a county agency to provide social services is not a party and may not​ 152.28 request a hearing under this section, except if assisting a recipient as provided in subdivision​ 152.29 4.​ 152.30 (f) (g) An applicant or recipient is not entitled to receive social services beyond the​ 152.31 services prescribed under chapter 256M or other social services the person is eligible for​ 152.32 under state law.​ 152​ Article 16 Sec. 17.​ REVISOR CR H5237-4​ HF5237 FOURTH ENGROSSMENT​ 153.1 (g) (h) The commissioner may summarily affirm the county or state agency's proposed​ 153.2 action without a hearing when the sole issue is an automatic change due to a change in state​ 153.3 or federal law, except in matters covered by paragraph (h) (i).​ 153.4 (h) (i) When the subject of an administrative review is a matter within the jurisdiction​ 153.5 of the direct care and treatment executive board as a part of the board's powers and duties​ 153.6 under chapter 246C, the executive board may summarily affirm the county or state agency's​ 153.7 proposed action without a hearing when the sole issue is an automatic change due to a​ 153.8 change in state or federal law.​ 153.9 (i) (j) Unless federal or Minnesota law specifies a different time frame in which to file​ 153.10 an appeal, an individual or organization specified in this section may contest the specified​ 153.11 action, decision, or final disposition before the state agency by submitting a written request​ 153.12 for a hearing to the state agency within 30 days after receiving written notice of the action,​ 153.13 decision, or final disposition, or within 90 days of such written notice if the applicant,​ 153.14 recipient, patient, or relative shows good cause, as defined in section 256.0451, subdivision​ 153.15 13, why the request was not submitted within the 30-day time limit. The individual filing​ 153.16 the appeal has the burden of proving good cause by a preponderance of the evidence.​ 153.17 Sec. 18. Minnesota Statutes 2022, section 256.045, subdivision 3b, as amended by Laws​ 153.18 2024, chapter 80, article 1, section 68, is amended to read:​ 153.19 Subd. 3b. Standard of evidence for maltreatment and disqualification hearings. (a)​ 153.20 The state human services judge shall determine that maltreatment has occurred if a​ 153.21 preponderance of evidence exists to support the final disposition under section 626.557 and​ 153.22 chapter 260E. For purposes of hearings regarding disqualification, the state human services​ 153.23 judge shall affirm the proposed disqualification in an appeal under subdivision 3, paragraph​ 153.24 (a), clause (9), if a preponderance of the evidence shows the individual has:​ 153.25 (1) committed maltreatment under section 626.557 or chapter 260E that is serious or​ 153.26 recurring;​ 153.27 (2) committed an act or acts meeting the definition of any of the crimes listed in section​ 153.28 245C.15, subdivisions 1 to 4; or​ 153.29 (3) failed to make required reports under section 626.557 or chapter 260E, for incidents​ 153.30 in which the final disposition under section 626.557 or chapter 260E was substantiated​ 153.31 maltreatment that was serious or recurring.​ 153.32 (b) If the disqualification is affirmed, the state human services judge shall determine​ 153.33 whether the individual poses a risk of harm in accordance with the requirements of section​ 153​ Article 16 Sec. 18.​ REVISOR CR H5237-4​ HF5237 FOURTH ENGROSSMENT​ 154.1 245C.22, and whether the disqualification should be set aside or not set aside. In determining​ 154.2 whether the disqualification should be set aside, the human services judge shall consider​ 154.3 all of the characteristics that cause the individual to be disqualified, including those​ 154.4 characteristics that were not subject to review under paragraph (a), in order to determine​ 154.5 whether the individual poses a risk of harm. A decision to set aside a disqualification that​ 154.6 is the subject of the hearing constitutes a determination that the individual does not pose a​ 154.7 risk of harm and that the individual may provide direct contact services in the individual​ 154.8 program specified in the set aside.​ 154.9 (c) If a disqualification is based solely on a conviction or is conclusive for any reason​ 154.10 under section 245C.29, the disqualified individual does not have a right to a hearing under​ 154.11 this section.​ 154.12 (d) The state human services judge shall recommend an order to the commissioner of​ 154.13 health,; education,; children, youth, and families; or human services, as applicable, who​ 154.14 shall issue a final order. The commissioner shall affirm, reverse, or modify the final​ 154.15 disposition. Any order of the commissioner issued in accordance with this subdivision is​ 154.16 conclusive upon the parties unless appeal is taken in the manner provided in subdivision 7.​ 154.17 In any licensing appeal under chapters 245A and 245C and sections 144.50 to 144.58 and​ 154.18 144A.02 to 144A.482, the commissioner's determination as to maltreatment is conclusive,​ 154.19 as provided under section 245C.29.​ 154.20 Sec. 19. Minnesota Statutes 2022, section 256.045, subdivision 5, as amended by Laws​ 154.21 2024, chapter 79, article 3, section 4, is amended to read:​ 154.22 Subd. 5. Orders of the commissioner of human services. (a) Except as provided for​ 154.23 under subdivision 5a for matters under the jurisdiction of the direct care and treatment​ 154.24 executive board and for hearings held under section 142A.20, subdivision 2, a state human​ 154.25 services judge shall conduct a hearing on the appeal and shall recommend an order to the​ 154.26 commissioner of human services. The recommended order must be based on all relevant​ 154.27 evidence and must not be limited to a review of the propriety of the state or county agency's​ 154.28 action. A human services judge may take official notice of adjudicative facts. The​ 154.29 commissioner of human services may accept the recommended order of a state human​ 154.30 services judge and issue the order to the county agency and the applicant, recipient, former​ 154.31 recipient, or prepaid health plan. The commissioner on refusing to accept the recommended​ 154.32 order of the state human services judge, shall notify the petitioner, the agency, or prepaid​ 154.33 health plan of that fact and shall state reasons therefor and shall allow each party ten days'​ 154.34 time to submit additional written argument on the matter. After the expiration of the ten-day​ 154​ Article 16 Sec. 19.​ REVISOR CR H5237-4​ HF5237 FOURTH ENGROSSMENT​ 155.1 period, the commissioner shall issue an order on the matter to the petitioner, the agency, or​ 155.2 prepaid health plan.​ 155.3 (b) A party aggrieved by an order of the commissioner may appeal under subdivision​ 155.4 7, or request reconsideration by the commissioner within 30 days after the date the​ 155.5 commissioner issues the order. The commissioner may reconsider an order upon request of​ 155.6 any party or on the commissioner's own motion. A request for reconsideration does not stay​ 155.7 implementation of the commissioner's order. The person seeking reconsideration has the​ 155.8 burden to demonstrate why the matter should be reconsidered. The request for reconsideration​ 155.9 may include legal argument and proposed additional evidence supporting the request. If​ 155.10 proposed additional evidence is submitted, the person must explain why the proposed​ 155.11 additional evidence was not provided at the time of the hearing. If reconsideration is granted,​ 155.12 the other participants must be sent a copy of all material submitted in support of the request​ 155.13 for reconsideration and must be given ten days to respond. Upon reconsideration, the​ 155.14 commissioner may issue an amended order or an order affirming the original order.​ 155.15 (c) Any order of the commissioner issued under this subdivision shall be conclusive​ 155.16 upon the parties unless appeal is taken in the manner provided by subdivision 7. Any order​ 155.17 of the commissioner is binding on the parties and must be implemented by the state agency,​ 155.18 a county agency, or a prepaid health plan according to subdivision 3a, until the order is​ 155.19 reversed by the district court, or unless the commissioner or a district court orders monthly​ 155.20 assistance or aid or services paid or provided under subdivision 10.​ 155.21 (d) A vendor of medical care as defined in section 256B.02, subdivision 7, or a vendor​ 155.22 under contract with a county agency to provide social services is not a party and may not​ 155.23 request a hearing or seek judicial review of an order issued under this section, unless assisting​ 155.24 a recipient as provided in subdivision 4. A prepaid health plan is a party to an appeal under​ 155.25 subdivision 3a, but cannot seek judicial review of an order issued under this section.​ 155.26 Sec. 20. Minnesota Statutes 2022, section 256.045, subdivision 7, as amended by Laws​ 155.27 2024, chapter 79, article 3, section 7, is amended to read:​ 155.28 Subd. 7. Judicial review. Except for a prepaid health plan, any party who is aggrieved​ 155.29 by an order of the commissioner of human services,; the commissioner of health; or the​ 155.30 commissioner of children, youth, and families in appeals within the commissioner's​ 155.31 jurisdiction under subdivision 3b,; or the direct care and treatment executive board in appeals​ 155.32 within the jurisdiction of the executive board under subdivision 5a may appeal the order to​ 155.33 the district court of the county responsible for furnishing assistance, or, in appeals under​ 155.34 subdivision 3b, the county where the maltreatment occurred, by serving a written copy of​ 155​ Article 16 Sec. 20.​ REVISOR CR H5237-4​ HF5237 FOURTH ENGROSSMENT​ 156.1 a notice of appeal upon the applicable commissioner or executive board and any adverse​ 156.2 party of record within 30 days after the date the commissioner or executive board issued​ 156.3 the order, the amended order, or order affirming the original order, and by filing the original​ 156.4 notice and proof of service with the court administrator of the district court. Service may​ 156.5 be made personally or by mail; service by mail is complete upon mailing; no filing fee shall​ 156.6 be required by the court administrator in appeals taken pursuant to this subdivision, with​ 156.7 the exception of appeals taken under subdivision 3b. The applicable commissioner or​ 156.8 executive board may elect to become a party to the proceedings in the district court. Except​ 156.9 for appeals under subdivision 3b, any party may demand that the commissioner or executive​ 156.10 board furnish all parties to the proceedings with a copy of the decision, and a transcript of​ 156.11 any testimony, evidence, or other supporting papers from the hearing held before the human​ 156.12 services judge, by serving a written demand upon the applicable commissioner or executive​ 156.13 board within 30 days after service of the notice of appeal. Any party aggrieved by the failure​ 156.14 of an adverse party to obey an order issued by the commissioner or executive board under​ 156.15 subdivisions 5 or 5a may compel performance according to the order in the manner prescribed​ 156.16 in sections 586.01 to 586.12.​ 156.17 Sec. 21. Minnesota Statutes 2022, section 256.0451, subdivision 1, as amended by Laws​ 156.18 2024, chapter 80, article 1, section 72, is amended to read:​ 156.19 Subdivision 1. Scope. (a) The requirements in this section apply to all fair hearings and​ 156.20 appeals under section sections 142A.20, subdivision 2, and 256.045, subdivision 3, paragraph​ 156.21 (a), clauses (1), (2), (3), (5), (6), (7), (8), (11) (10), and (13) (12). Except as provided in​ 156.22 subdivisions 3 and 19, the requirements under this section apply to fair hearings and appeals​ 156.23 under section 256.045, subdivision 3, paragraph (a), clauses (4), (8), (9), (10), and (12) (11).​ 156.24 (b) For purposes of this section, "person" means an individual who, on behalf of​ 156.25 themselves or their household, is appealing or disputing or challenging an action, a decision,​ 156.26 or a failure to act, by an agency in the human services system. When a person involved in​ 156.27 a proceeding under this section is represented by an attorney or by an authorized​ 156.28 representative, the term "person" also means the person's attorney or authorized​ 156.29 representative. Any notice sent to the person involved in the hearing must also be sent to​ 156.30 the person's attorney or authorized representative.​ 156.31 (c) For purposes of this section, "agency" means the county human services agency, the​ 156.32 state human services agency, and, where applicable, any entity involved under a contract,​ 156.33 subcontract, grant, or subgrant with the state agency or with a county agency, that provides​ 156.34 or operates programs or services in which appeals are governed by section 256.045.​ 156​ Article 16 Sec. 21.​ REVISOR CR H5237-4​ HF5237 FOURTH ENGROSSMENT​ 157.1 Sec. 22. Minnesota Statutes 2022, section 256.0451, subdivision 22, is amended to read:​ 157.2 Subd. 22. Decisions. A timely, written decision must be issued in every appeal. Each​ 157.3 decision must contain a clear ruling on the issues presented in the appeal hearing and should​ 157.4 contain a ruling only on questions directly presented by the appeal and the arguments raised​ 157.5 in the appeal.​ 157.6 (a) A written decision must be issued within 90 days of the date the person involved​ 157.7 requested the appeal unless a shorter time is required by law. An additional 30 days is​ 157.8 provided in those cases where the commissioner refuses to accept the recommended decision.​ 157.9 In appeals of maltreatment determinations or disqualifications filed pursuant to section​ 157.10 256.045, subdivision 3, paragraph (a), clause (4), (8), or (9), or (10), that also give rise to​ 157.11 possible licensing actions, the 90-day period for issuing final decisions does not begin until​ 157.12 the later of the date that the licensing authority provides notice to the appeals division that​ 157.13 the authority has made the final determination in the matter or the date the appellant files​ 157.14 the last appeal in the consolidated matters.​ 157.15 (b) The decision must contain both findings of fact and conclusions of law, clearly​ 157.16 separated and identified. The findings of fact must be based on the entire record. Each​ 157.17 finding of fact made by the human services judge shall be supported by a preponderance​ 157.18 of the evidence unless a different standard is required under the regulations of a particular​ 157.19 program. The "preponderance of the evidence" means, in light of the record as a whole, the​ 157.20 evidence leads the human services judge to believe that the finding of fact is more likely to​ 157.21 be true than not true. The legal claims or arguments of a participant do not constitute either​ 157.22 a finding of fact or a conclusion of law, except to the extent the human services judge adopts​ 157.23 an argument as a finding of fact or conclusion of law.​ 157.24 The decision shall contain at least the following:​ 157.25 (1) a listing of the date and place of the hearing and the participants at the hearing;​ 157.26 (2) a clear and precise statement of the issues, including the dispute under consideration​ 157.27 and the specific points which must be resolved in order to decide the case;​ 157.28 (3) a listing of the material, including exhibits, records, reports, placed into evidence at​ 157.29 the hearing, and upon which the hearing decision is based;​ 157.30 (4) the findings of fact based upon the entire hearing record. The findings of fact must​ 157.31 be adequate to inform the participants and any interested person in the public of the basis​ 157.32 of the decision. If the evidence is in conflict on an issue which must be resolved, the findings​ 157.33 of fact must state the reasoning used in resolving the conflict;​ 157​ Article 16 Sec. 22.​ REVISOR CR H5237-4​ HF5237 FOURTH ENGROSSMENT​ 158.1 (5) conclusions of law that address the legal authority for the hearing and the ruling, and​ 158.2 which give appropriate attention to the claims of the participants to the hearing;​ 158.3 (6) a clear and precise statement of the decision made resolving the dispute under​ 158.4 consideration in the hearing; and​ 158.5 (7) written notice of the right to appeal to district court or to request reconsideration,​ 158.6 and of the actions required and the time limits for taking appropriate action to appeal to​ 158.7 district court or to request a reconsideration.​ 158.8 (c) The human services judge shall not independently investigate facts or otherwise rely​ 158.9 on information not presented at the hearing. The human services judge may not contact​ 158.10 other agency personnel, except as provided in subdivision 18. The human services judge's​ 158.11 recommended decision must be based exclusively on the testimony and evidence presented​ 158.12 at the hearing, and legal arguments presented, and the human services judge's research and​ 158.13 knowledge of the law.​ 158.14 (d) The commissioner will review the recommended decision and accept or refuse to​ 158.15 accept the decision according to section 142A.20, subdivision 3, or 256.045, subdivision​ 158.16 5.​ 158.17 Sec. 23. Minnesota Statutes 2022, section 256.0451, subdivision 24, is amended to read:​ 158.18 Subd. 24. Reconsideration. (a) Reconsideration may be requested within 30 days of​ 158.19 the date of the commissioner's final order. If reconsideration is requested under section​ 158.20 142A.20, subdivision 3, or 256.045, subdivision 5, the other participants in the appeal shall​ 158.21 be informed of the request. The person seeking reconsideration has the burden to demonstrate​ 158.22 why the matter should be reconsidered. The request for reconsideration may include legal​ 158.23 argument and may include proposed additional evidence supporting the request. The other​ 158.24 participants shall be sent a copy of all material submitted in support of the request for​ 158.25 reconsideration and must be given ten days to respond.​ 158.26 (b) When the requesting party raises a question as to the appropriateness of the findings​ 158.27 of fact, the commissioner shall review the entire record.​ 158.28 (c) When the requesting party questions the appropriateness of a conclusion of law, the​ 158.29 commissioner shall consider the recommended decision, the decision under reconsideration,​ 158.30 and the material submitted in connection with the reconsideration. The commissioner shall​ 158.31 review the remaining record as necessary to issue a reconsidered decision.​ 158.32 (d) The commissioner shall issue a written decision on reconsideration in a timely fashion.​ 158.33 The decision must clearly inform the parties that this constitutes the final administrative​ 158​ Article 16 Sec. 23.​ REVISOR CR H5237-4​ HF5237 FOURTH ENGROSSMENT​ 159.1 decision, advise the participants of the right to seek judicial review, and the deadline for​ 159.2 doing so.​ 159.3 Sec. 24. Minnesota Statutes 2022, section 256.046, subdivision 2, as amended by Laws​ 159.4 2024, chapter 80, article 1, section 75, is amended to read:​ 159.5 Subd. 2. Combined hearing. (a) The human services judge may combine a fair hearing​ 159.6 under section 142A.20 or 256.045 and administrative fraud disqualification hearing under​ 159.7 this section or section 142A.27 into a single hearing if the factual issues arise out of the​ 159.8 same, or related, circumstances; the commissioner of human services has jurisdiction over​ 159.9 at least one of the hearings; and the individual receives prior notice that the hearings will​ 159.10 be combined. If the administrative fraud disqualification hearing and fair hearing are​ 159.11 combined, the time frames for administrative fraud disqualification hearings specified in​ 159.12 Code of Federal Regulations, title 7, section 273.16, apply. If the individual accused of​ 159.13 wrongfully obtaining assistance is charged under section 256.98 for the same act or acts​ 159.14 which are the subject of the hearing, the individual may request that the hearing be delayed​ 159.15 until the criminal charge is decided by the court or withdrawn.​ 159.16 (b) The human services judge must conduct any hearings under section 142A.20 or​ 159.17 142A.27 pursuant to the relevant laws and rules governing children, youth, and families​ 159.18 judges.​ 159.19 Sec. 25. Minnesota Statutes 2023 Supplement, section 256M.42, is amended by adding a​ 159.20 subdivision to read:​ 159.21 Subd. 7. Adult protection grant allocation under Reform 2020. The requirements of​ 159.22 subdivisions 2 to 6 apply to the Reform 2020 adult protection state grants in Minnesota​ 159.23 Statutes 2013 Supplement, section 256M.40, subdivision 1, and Laws 2013, chapter 108,​ 159.24 article 15. The Reform 2020 state adult protection grant must be allocated annually consistent​ 159.25 with the calendar year 2023 allocation made under section 256M.40.​ 159.26 Sec. 26. Laws 2023, chapter 70, article 12, section 30, subdivision 2, is amended to read:​ 159.27 Subd. 2. Department of Human Services. The powers and duties of the Department​ 159.28 of Human Services with respect to the following responsibilities and related elements are​ 159.29 transferred to the Department of Children, Youth, and Families according to Minnesota​ 159.30 Statutes, section 15.039:​ 159.31 (1) family services and community-based collaboratives under Minnesota Statutes,​ 159.32 section 124D.23;​ 159​ Article 16 Sec. 26.​ REVISOR CR H5237-4​ HF5237 FOURTH ENGROSSMENT​ 160.1 (2) child care programs under Minnesota Statutes, chapter 119B;​ 160.2 (3) Parent Aware quality rating and improvement system under Minnesota Statutes,​ 160.3 section 124D.142;​ 160.4 (4) migrant child care services under Minnesota Statutes, section 256M.50;​ 160.5 (5) early childhood and school-age professional development training under Laws 2007,​ 160.6 chapter 147, article 2, section 56;​ 160.7 (6) licensure of family child care and child care centers, child foster care, and private​ 160.8 child placing agencies under Minnesota Statutes, chapter 245A;​ 160.9 (7) certification of license-exempt child care centers under Minnesota Statutes, chapter​ 160.10 245H;​ 160.11 (8) program integrity and fraud related to the Child Care Assistance Program (CCAP),​ 160.12 the Minnesota Family Investment Program (MFIP), and the Supplemental Nutrition​ 160.13 Assistance Program (SNAP) under Minnesota Statutes, chapters 119B and 245E;​ 160.14 (9) SNAP under Minnesota Statutes, sections 256D.60 to 256D.63;​ 160.15 (10) electronic benefit transactions under Minnesota Statutes, sections 256.9862,​ 160.16 256.9863, 256.9865, 256.987, 256.9871, 256.9872, and 256J.77;​ 160.17 (11) Minnesota food assistance program under Minnesota Statutes, section 256D.64;​ 160.18 (12) Minnesota food shelf program under Minnesota Statutes, section 256E.34;​ 160.19 (13) MFIP and Temporary Assistance for Needy Families (TANF) under Minnesota​ 160.20 Statutes, sections 256.9864 and 256.9865 and chapters 256J and 256P;​ 160.21 (14) Diversionary Work Program (DWP) under Minnesota Statutes, section 256J.95;​ 160.22 (15) resettlement programs under Minnesota Statutes, section 256B.06, subdivision 6​ 160.23 American Indian food sovereignty program under Minnesota Statutes, section 256E.342;​ 160.24 (16) child abuse under Minnesota Statutes, chapter 256E;​ 160.25 (17) reporting of the maltreatment of minors under Minnesota Statutes, chapter 260E;​ 160.26 (18) children in voluntary foster care for treatment under Minnesota Statutes, chapter​ 160.27 260D;​ 160.28 (19) juvenile safety and placement under Minnesota Statutes, chapter 260C;​ 160.29 (20) the Minnesota Indian Family Preservation Act under Minnesota Statutes, sections​ 160.30 260.751 to 260.835;​ 160​ Article 16 Sec. 26.​ REVISOR CR H5237-4​ HF5237 FOURTH ENGROSSMENT​ 161.1 (21) the Interstate Compact for Juveniles under Minnesota Statutes, section 260.515,​ 161.2 and the Interstate Compact on the Placement of Children under Minnesota Statutes, sections​ 161.3 260.851 to 260.93;​ 161.4 (22) adoption under Minnesota Statutes, sections 259.20 to 259.89;​ 161.5 (23) Northstar Care for Children under Minnesota Statutes, chapter 256N;​ 161.6 (24) child support under Minnesota Statutes, chapters 13, 13B, 214, 256, 256J, 257, 259,​ 161.7 518, 518A, 518C, 551, 552, 571, and 588, and Minnesota Statutes, section 609.375;​ 161.8 (25) community action programs under Minnesota Statutes, sections 256E.30 to 256E.32;​ 161.9 and​ 161.10 (26) Family Assets for Independence in Minnesota under Minnesota Statutes, section​ 161.11 256E.35.;​ 161.12 (27) capital for emergency food distribution facilities under Laws 2023, chapter 70,​ 161.13 article 20, section 2, subdivision 24, paragraph (i);​ 161.14 (28) community resource centers under Laws 2023, chapter 70, article 14, section 42;​ 161.15 (29) diaper distribution grant program under Minnesota Statutes, section 256E.38;​ 161.16 (30) Family First Prevention Services Act support and development grant program under​ 161.17 Minnesota Statutes, section 256.4793;​ 161.18 (31) Family First Prevention Services Act kinship navigator program under Minnesota​ 161.19 Statutes, section 256.4794;​ 161.20 (32) family first prevention and early intervention allocation program under Minnesota​ 161.21 Statutes, section 260.014;​ 161.22 (33) grants for prepared meals food relief under Laws 2023, chapter 70, article 12, section​ 161.23 33;​ 161.24 (34) independent living skills for foster youth under Laws 2023, chapter 70, article 14,​ 161.25 section 41;​ 161.26 (35) legacy adoption assistance under Minnesota Statutes, chapter 259A;​ 161.27 (36) quality parenting initiative grant program under Minnesota Statutes, section​ 161.28 245.0962;​ 161.29 (37) relative custody assistance under Minnesota Statutes, section 257.85;​ 161​ Article 16 Sec. 26.​ REVISOR CR H5237-4​ HF5237 FOURTH ENGROSSMENT​ 162.1 (38) reimbursement to counties and Tribes for certain out-of-home placements under​ 162.2 Minnesota Statutes, section 477A.0126; and​ 162.3 (39) Supplemental Nutrition Assistance Program outreach under Minnesota Statutes,​ 162.4 section 256D.65.​ 162.5 EFFECTIVE DATE. This section is effective the day following final enactment.​ 162.6 Sec. 27. Laws 2023, chapter 70, article 12, section 30, subdivision 3, is amended to read:​ 162.7 Subd. 3. Department of Education. The powers and duties of the Department of​ 162.8 Education with respect to the following responsibilities and related elements are transferred​ 162.9 to the Department of Children, Youth, and Families according to Minnesota Statutes, section​ 162.10 15.039:​ 162.11 (1) Head Start Program and Early Head Start under Minnesota Statutes, sections 119A.50​ 162.12 to 119A.545;​ 162.13 (2) the early childhood screening program under Minnesota Statutes, sections 121A.16​ 162.14 to 121A.19;​ 162.15 (3) early learning scholarships under Minnesota Statutes, section 124D.165;​ 162.16 (4) the interagency early childhood intervention system under Minnesota Statutes,​ 162.17 sections 125A.259 to 125A.48;​ 162.18 (5) voluntary prekindergarten programs and school readiness plus programs under​ 162.19 Minnesota Statutes, section 124D.151;​ 162.20 (6) early childhood family education programs under Minnesota Statutes, sections​ 162.21 124D.13 to 124D.135;​ 162.22 (7) school readiness under Minnesota Statutes, sections 124D.15 to 124D.16; and​ 162.23 (8) after-school community learning programs under Minnesota Statutes, section​ 162.24 124D.2211.; and​ 162.25 (9) grow your own program under Minnesota Statutes, section 122A.731.​ 162.26 Sec. 28. Laws 2024, chapter 80, article 1, section 38, subdivision 1, is amended to read:​ 162.27 Subdivision 1. Children, youth, and families judges; appointment Hearings held by​ 162.28 the Department of Human Services. The commissioner of children, youth, and families​ 162.29 may appoint one or more state children, youth, and families judges to conduct hearings and​ 162.30 recommend orders in accordance with subdivisions 2, 3, and 5. Children, youth, and families​ 162​ Article 16 Sec. 28.​ REVISOR CR H5237-4​ HF5237 FOURTH ENGROSSMENT​ 163.1 judges designated pursuant to this section may administer oaths and shall be under the​ 163.2 control and supervision of the commissioner of children, youth, and families and shall not​ 163.3 be a part of the Office of Administrative Hearings established pursuant to sections 14.48 to​ 163.4 14.56. The commissioner shall only appoint as a full-time children, youth, and families​ 163.5 judge an individual who is licensed to practice law in Minnesota and who is:​ 163.6 (1) in active status;​ 163.7 (2) an inactive resident;​ 163.8 (3) retired;​ 163.9 (4) on disabled status; or​ 163.10 (5) on retired senior status.​ 163.11 All state agency hearings under subdivision 2 must be heard by a human services judge​ 163.12 pursuant to sections 256.045 and 256.0451.​ 163.13 Sec. 29. Laws 2024, chapter 80, article 1, section 38, subdivision 2, is amended to read:​ 163.14 Subd. 2. State agency hearings. (a) State agency hearings are available for the following:​ 163.15 (1) any person:​ 163.16 (i) applying for, receiving, or having received public assistance or a program of social​ 163.17 services administered by the commissioner or a county agency on behalf of the commissioner​ 163.18 or the federal Food and Nutrition Act; and​ 163.19 (ii) whose application for assistance is denied, not acted upon with reasonable promptness,​ 163.20 or whose assistance is suspended, reduced, terminated, or claimed to have been incorrectly​ 163.21 paid;​ 163.22 (2) any person whose claim for foster care payment according to a placement of the​ 163.23 child resulting from a child protection assessment under chapter 260E is denied or not acted​ 163.24 upon with reasonable promptness, regardless of funding source;​ 163.25 (3) any person to whom a right of appeal according to this section is given by other​ 163.26 provision of law; and​ 163.27 (4) except as provided under chapter 142B, an individual or facility determined to have​ 163.28 maltreated a minor under chapter 260E, after the individual or facility has exercised the​ 163.29 right to administrative reconsideration under chapter 260E;​ 163.30 (5) except as provided under chapter 245C, an individual disqualified under sections​ 163.31 245C.14 and 245C.15, following a reconsideration decision issued under section 245C.23,​ 163​ Article 16 Sec. 29.​ REVISOR CR H5237-4​ HF5237 FOURTH ENGROSSMENT​ 164.1 on the basis of serious or recurring maltreatment; of a preponderance of the evidence that​ 164.2 the individual has committed an act or acts that meet the definition of any of the crimes​ 164.3 listed in section 245C.15, subdivisions 1 to 4; or for failing to make reports required under​ 164.4 section 260E.06, subdivision 1, or 626.557, subdivision 3. Hearings regarding a maltreatment​ 164.5 determination under clause (4) and a disqualification under this clause in which the basis​ 164.6 for a disqualification is serious or recurring maltreatment shall be consolidated into a single​ 164.7 fair hearing. In such cases, the scope of review by the children, youth, and families judge​ 164.8 shall include both the maltreatment determination and the disqualification. The failure to​ 164.9 exercise the right to an administrative reconsideration shall not be a bar to a hearing under​ 164.10 this section if federal law provides an individual the right to a hearing to dispute a finding​ 164.11 of maltreatment; and​ 164.12 (6) (4) any person with an outstanding debt resulting from receipt of public assistance​ 164.13 or the federal Food and Nutrition Act who is contesting a setoff claim by the commissioner​ 164.14 of children, youth, and families or a county agency. The scope of the appeal is the validity​ 164.15 of the claimant agency's intention to request a setoff of a refund under chapter 270A against​ 164.16 the debt.​ 164.17 (b) The hearing for an individual or facility under paragraph (a), clause (4) or (5), is the​ 164.18 only administrative appeal to the final agency determination specifically, including a​ 164.19 challenge to the accuracy and completeness of data under section 13.04. A hearing for an​ 164.20 individual or facility under paragraph (a), clause (4) or (5), is only available when there is​ 164.21 no district court action pending. If such action is filed in district court while an administrative​ 164.22 review is pending that arises out of some or all of the events or circumstances on which the​ 164.23 appeal is based, the administrative review must be suspended until the judicial actions are​ 164.24 completed. If the district court proceedings are completed, dismissed, or overturned, the​ 164.25 matter may be considered in an administrative hearing.​ 164.26 (c) For purposes of this section, bargaining unit grievance procedures are not an​ 164.27 administrative appeal.​ 164.28 (d) The scope of hearings involving claims to foster care payments under paragraph (a),​ 164.29 clause (2), shall be limited to the issue of whether the county is legally responsible for a​ 164.30 child's placement under court order or voluntary placement agreement and, if so, the correct​ 164.31 amount of foster care payment to be made on the child's behalf and shall not include review​ 164.32 of the propriety of the county's child protection determination or child placement decision.​ 164​ Article 16 Sec. 29.​ REVISOR CR H5237-4​ HF5237 FOURTH ENGROSSMENT​ 165.1 (e) An applicant or recipient is not entitled to receive social services beyond the services​ 165.2 prescribed under chapter 256M or other social services the person is eligible for under state​ 165.3 law.​ 165.4 (f) The commissioner may summarily affirm the county or state agency's proposed action​ 165.5 without a hearing when the sole issue is an automatic change due to a change in state or​ 165.6 federal law.​ 165.7 (g) Unless federal or Minnesota law specifies a different time frame in which to file an​ 165.8 appeal, an individual or organization specified in this section may contest the specified​ 165.9 action, decision, or final disposition before the state agency by submitting a written request​ 165.10 for a hearing to the state agency within 30 days after receiving written notice of the action,​ 165.11 decision, or final disposition or within 90 days of such written notice if the applicant,​ 165.12 recipient, patient, or relative shows good cause, as defined in section 142A.21, subdivision​ 165.13 13, why the request was not submitted within the 30-day time limit. The individual filing​ 165.14 the appeal has the burden of proving good cause by a preponderance of the evidence.​ 165.15 Sec. 30. Laws 2024, chapter 80, article 1, section 38, subdivision 5, is amended to read:​ 165.16 Subd. 5. Orders of the commissioner of children, youth, and families. (a) A state​ 165.17 children, youth, and families human services judge shall conduct a hearing on the an appeal​ 165.18 of a matter listed in subdivision 2 and shall recommend an order to the commissioner of​ 165.19 children, youth, and families. The recommended order must be based on all relevant evidence​ 165.20 and must not be limited to a review of the propriety of the state or county agency's action.​ 165.21 A children, youth, and families state human services judge may take official notice of​ 165.22 adjudicative facts. The commissioner of children, youth, and families may accept the​ 165.23 recommended order of a state children, youth, and families human services judge and issue​ 165.24 the order to the county agency and the applicant, recipient, or former recipient. If the​ 165.25 commissioner refuses to accept the recommended order of the state children, youth, and​ 165.26 families human services judge, the commissioner shall notify the petitioner or the agency​ 165.27 of the commissioner's refusal and shall state reasons for the refusal. The commissioner shall​ 165.28 allow each party ten days' time to submit additional written argument on the matter. After​ 165.29 the expiration of the ten-day period, the commissioner shall issue an order on the matter to​ 165.30 the petitioner and the agency.​ 165.31 (b) A party aggrieved by an order of the commissioner may appeal under subdivision 7​ 165.32 5 or request reconsideration by the commissioner within 30 days after the date the​ 165.33 commissioner issues the order. The commissioner may reconsider an order upon request of​ 165.34 any party or on the commissioner's own motion. A request for reconsideration does not stay​ 165​ Article 16 Sec. 30.​ REVISOR CR H5237-4​ HF5237 FOURTH ENGROSSMENT​ 166.1 implementation of the commissioner's order. The person seeking reconsideration has the​ 166.2 burden to demonstrate why the matter should be reconsidered. The request for reconsideration​ 166.3 may include legal argument and proposed additional evidence supporting the request. If​ 166.4 proposed additional evidence is submitted, the person must explain why the proposed​ 166.5 additional evidence was not provided at the time of the hearing. If reconsideration is granted,​ 166.6 the other participants must be sent a copy of all material submitted in support of the request​ 166.7 for reconsideration and must be given ten days to respond. Upon reconsideration, the​ 166.8 commissioner may issue an amended order or an order affirming the original order.​ 166.9 (c) Any order of the commissioner issued under this subdivision shall be conclusive​ 166.10 upon the parties unless appeal is taken in the manner provided by subdivision 7 5. Any order​ 166.11 of the commissioner is binding on the parties and must be implemented by the state agency​ 166.12 or a county agency until the order is reversed by the district court or unless the commissioner​ 166.13 or a district court orders monthly assistance or aid or services paid or provided under​ 166.14 subdivision 10 8.​ 166.15 (d) A vendor under contract with a county agency to provide social services is not a​ 166.16 party and may not request a hearing or seek judicial review of an order issued under this​ 166.17 section, unless assisting a recipient as provided in section 256.045, subdivision 4.​ 166.18 Sec. 31. Laws 2024, chapter 80, article 1, section 38, subdivision 6, is amended to read:​ 166.19 Subd. 6. Additional powers of commissioner; subpoenas. (a) The commissioner may​ 166.20 initiate a review of any action or decision of a county agency and direct that the matter be​ 166.21 presented to a state children, youth, and families human services judge for a hearing held​ 166.22 under subdivision 2 or 3 section 256.045, subdivision 3b. In all matters dealing with children,​ 166.23 youth, and families committed by law to the discretion of the county agency, the​ 166.24 commissioner's judgment may be substituted for that of the county agency. The commissioner​ 166.25 may order an independent examination when appropriate.​ 166.26 (b) Any party to a hearing held pursuant to subdivision 2 or 3 section 256.045, subdivision​ 166.27 3b, may request that the commissioner issue a subpoena to compel the attendance of witnesses​ 166.28 and the production of records at the hearing. A local agency may request that the​ 166.29 commissioner issue a subpoena to compel the release of information from third parties prior​ 166.30 to a request for a hearing under section 142A.21 upon a showing of relevance to such a​ 166.31 proceeding. The issuance, service, and enforcement of subpoenas under this subdivision is​ 166.32 governed by section 357.22 and the Minnesota Rules of Civil Procedure.​ 166.33 (c) The commissioner may issue a temporary order staying a proposed demission by a​ 166.34 residential facility licensed under chapter 142B:​ 166​ Article 16 Sec. 31.​ REVISOR CR H5237-4​ HF5237 FOURTH ENGROSSMENT​ 167.1 (1) while an appeal by a recipient under subdivision 3 is pending; or​ 167.2 (2) for the period of time necessary for the case management provider to implement the​ 167.3 commissioner's order.​ 167.4 Sec. 32. Laws 2024, chapter 80, article 1, section 38, subdivision 7, is amended to read:​ 167.5 Subd. 7. Judicial review. Any party who is aggrieved by an order of the commissioner​ 167.6 of children, youth, and families may appeal the order to the district court of the county​ 167.7 responsible for furnishing assistance, or, in appeals under section 256.045, subdivision 3​ 167.8 3b, the county where the maltreatment occurred, by serving a written copy of a notice of​ 167.9 appeal upon the commissioner and any adverse party of record within 30 days after the date​ 167.10 the commissioner issued the order, the amended order, or order affirming the original order,​ 167.11 and by filing the original notice and proof of service with the court administrator of the​ 167.12 district court. Service may be made personally or by mail; service by mail is complete upon​ 167.13 mailing. The court administrator shall not require a filing fee in appeals taken pursuant to​ 167.14 this subdivision, except for appeals taken under section 256.045, subdivision 3 3b. The​ 167.15 commissioner may elect to become a party to the proceedings in the district court. Except​ 167.16 for appeals under section 256.045, subdivision 3 3b, any party may demand that the​ 167.17 commissioner furnish all parties to the proceedings with a copy of the decision, and a​ 167.18 transcript of any testimony, evidence, or other supporting papers from the hearing held​ 167.19 before the children, youth, and families state human services judge, by serving a written​ 167.20 demand upon the commissioner within 30 days after service of the notice of appeal. Any​ 167.21 party aggrieved by the failure of an adverse party to obey an order issued by the commissioner​ 167.22 under subdivision 5 may compel performance according to the order in the manner prescribed​ 167.23 in sections 586.01 to 586.12.​ 167.24 Sec. 33. Laws 2024, chapter 80, article 1, section 38, subdivision 9, is amended to read:​ 167.25 Subd. 9. Appeal. Any party aggrieved by the order of the district court may appeal the​ 167.26 order as in other civil cases. Except for appeals under section 256.045, subdivision 3 3b,​ 167.27 no costs or disbursements shall be taxed against any party nor shall any filing fee or bond​ 167.28 be required of any party.​ 167​ Article 16 Sec. 33.​ REVISOR CR H5237-4​ HF5237 FOURTH ENGROSSMENT​ 168.1 Sec. 34. Laws 2024, chapter 80, article 1, section 96, is amended to read:​ 168.2 Sec. 96. REVISOR INSTRUCTION.​ 168.3 The revisor of statutes must renumber sections or subdivisions in Column A as Column​ 168.4 B.​ Column B​ 168.5 Column A​ 142A.03, subdivision 7​ 168.6 256.01, subdivision 12​ 142A.03, subdivision 8​ 168.7 256.01, subdivision 12a​ 142A.03, subdivision 10​ 168.8 256.01, subdivision 15​ 142A.03, subdivision 22​ 168.9 256.01, subdivision 36​ 142A.07, subdivision 8​ 168.10 256.0112, subdivision 10​ 142A.28, subdivision 2​ 168.11 256.019, subdivision 2​ 142A.45​ 168.12 256.4793​ 142A.451​ 168.13 256.4794​ 142A.418​ 168.14 256.82​ 142A.13, subdivision 14​ 168.15 256.9831​ 142A.13, subdivision 10​ 168.16 256.9862, subdivision 1​ 142A.13, subdivision 11​ 168.17 256.9862, subdivision 2​ 142A.13, subdivision 5​ 168.18 256.9863​ 142A.13, subdivision 6​ 168.19 256.9865, subdivision 1​ 142A.13, subdivision 7​ 168.20 256.9865, subdivision 2​ 142A.13, subdivision 8​ 168.21 256.9865, subdivision 3​ 142A.13, subdivision 9​ 168.22 256.9865, subdivision 4​ 142A.13, subdivision 2​ 168.23 256.987, subdivision 2​ 142A.13, subdivision 3​ 168.24 256.987, subdivision 3​ 142A.13, subdivision 4​ 168.25 256.987, subdivision 4​ 142A.13, subdivision 12​ 168.26 256.9871​ 142A.13, subdivision 13​ 168.27 256.9872​ 142A.30​ 168.28 256.997​ 142A.29​ 168.29 256.998​ 142A.40​ 168.30 256B.06, subdivision 6​ 142A.41​ 168.31 256E.20​ 142A.411​ 168.32 256E.21​ 142A.412​ 168.33 256E.22​ 142A.413​ 168.34 256E.24​ 142A.414​ 168.35 256E.25​ 142A.415​ 168.36 256E.26​ 168​ Article 16 Sec. 34.​ REVISOR CR H5237-4​ HF5237 FOURTH ENGROSSMENT​ 142A.416​ 169.1 256E.27​ 142A.417​ 169.2 256E.28​ 142A.46​ 169.3 256E.37​ 142A.42​ 169.4 256E.38​ 142A.60​ 169.5 256N.001​ 142A.601​ 169.6 256N.01​ 142A.602​ 169.7 256N.02​ 142A.603​ 169.8 256N.20​ 142A.604​ 169.9 256N.21​ 142A.605​ 169.10 256N.22​ 142A.606​ 169.11 256N.23​ 142A.607​ 169.12 256N.24​ 142A.608​ 169.13 256N.25​ 142A.609​ 169.14 256N.26​ 142A.61​ 169.15 256N.261​ 142A.611​ 169.16 256N.27​ 142A.612​ 169.17 256N.28​ 142A.65​ 169.18 257.85​ 142A.03, subdivision 32​ 169.19 257.175​ 142A.03, subdivision 33​ 169.20 257.33, subdivision 1​ 142A.03, subdivision 34​ 169.21 257.33, subdivision 2​ 142A.452​ 169.22 260.014​ 142A.75​ 169.23 299A.72​ 142A.43​ 169.24 299A.73​ 142A.76​ 169.25 299A.95​ 169.26 The revisor of statutes must correct any statutory cross-references consistent with this​ 169.27 renumbering.​ 169.28 Sec. 35. Laws 2024, chapter 80, article 2, section 5, subdivision 21, is amended to read:​ 169.29 Subd. 21. Plan for transfer of clients and records upon closure. (a) Except for license​ 169.30 holders who reside on the premises and child care providers, an applicant for initial or​ 169.31 continuing licensure or certification must submit a written plan indicating how the program​ 169.32 or private agency will ensure the transfer of clients and records for both open and closed​ 169.33 cases if the program closes. The plan must provide for managing private and confidential​ 169.34 information concerning the clients of the program clients or private agency. The plan must​ 169.35 also provide for notifying affected clients of the closure at least 25 days prior to closure,​ 169​ Article 16 Sec. 35.​ REVISOR CR H5237-4​ HF5237 FOURTH ENGROSSMENT​ 170.1 including information on how to access their records. A controlling individual of the program​ 170.2 or private agency must annually review and sign the plan.​ 170.3 (b) Plans for the transfer of open cases and case records must specify arrangements the​ 170.4 program or private agency will make to transfer clients to another provider or county agency​ 170.5 for continuation of services and to transfer the case record with the client.​ 170.6 (c) Plans for the transfer of closed case records must be accompanied by a signed​ 170.7 agreement or other documentation indicating that a county or a similarly licensed provider​ 170.8 has agreed to accept and maintain the program's or private agency's closed case records and​ 170.9 to provide follow-up services as necessary to affected clients.​ 170.10 Sec. 36. Laws 2024, chapter 80, article 2, section 7, subdivision 2, is amended to read:​ 170.11 Subd. 2. County fees for applications and licensing inspections. (a) A county agency​ 170.12 may charge a license fee to an applicant or license holder not to exceed $50 for a one-year​ 170.13 license or $100 for a two-year license.​ 170.14 (b) Counties may allow providers to pay the applicant fee in paragraph (a) on an​ 170.15 installment basis for up to one year. If the provider is receiving child care assistance payments​ 170.16 from the state, the provider may have the fee under paragraph (a) deducted from the child​ 170.17 care assistance payments for up to one year and the state shall reimburse the county for the​ 170.18 county fees collected in this manner.​ 170.19 (c) For purposes of child foster care licensing under this chapter, a county agency may​ 170.20 charge a fee to a corporate applicant or corporate license holder to recover the actual cost​ 170.21 of licensing inspections, not to exceed $500 annually.​ 170.22 (d) Counties may elect to reduce or waive the fees in paragraph (c) under the following​ 170.23 circumstances:​ 170.24 (1) in cases of financial hardship;​ 170.25 (2) if the county has a shortage of providers in the county's area; or​ 170.26 (3) for new providers.​ 170.27 Sec. 37. Laws 2024, chapter 80, article 2, section 10, subdivision 6, is amended to read:​ 170.28 Subd. 6. Appeal of multiple sanctions. (a) When the license holder appeals more than​ 170.29 one licensing action or sanction that were simultaneously issued by the commissioner, the​ 170.30 license holder shall specify the actions or sanctions that are being appealed.​ 170​ Article 16 Sec. 37.​ REVISOR CR H5237-4​ HF5237 FOURTH ENGROSSMENT​ 171.1 (b) If there are different timelines prescribed in statutes for the licensing actions or​ 171.2 sanctions being appealed, the license holder must submit the appeal within the longest of​ 171.3 those timelines specified in statutes.​ 171.4 (c) The appeal must be made in writing by certified mail or, by personal service, or​ 171.5 through the provider licensing and reporting hub. If mailed, the appeal must be postmarked​ 171.6 and sent to the commissioner within the prescribed timeline with the first day beginning​ 171.7 the day after the license holder receives the certified letter. If a request is made by personal​ 171.8 service, it must be received by the commissioner within the prescribed timeline with the​ 171.9 first day beginning the day after the license holder receives the certified letter. If the appeal​ 171.10 is made through the provider hub, the appeal must be received by the commissioner within​ 171.11 the prescribed timeline with the first day beginning the day after the commissioner issued​ 171.12 the order through the hub.​ 171.13 (d) When there are different timelines prescribed in statutes for the appeal of licensing​ 171.14 actions or sanctions simultaneously issued by the commissioner, the commissioner shall​ 171.15 specify in the notice to the license holder the timeline for appeal as specified under paragraph​ 171.16 (b).​ 171.17 Sec. 38. Laws 2024, chapter 80, article 2, section 16, subdivision 1, is amended to read:​ 171.18 Subdivision 1. Delegation of authority to agencies. (a) County agencies and private​ 171.19 agencies that have been designated or licensed by the commissioner to perform licensing​ 171.20 functions and activities under section 142B.10 and background studies for family child care​ 171.21 under chapter 245C; to recommend denial of applicants under section 142B.15; to issue​ 171.22 correction orders, to issue variances, and to recommend a conditional license under section​ 171.23 142B.16; or to recommend suspending or revoking a license or issuing a fine under section​ 171.24 142B.18, shall comply with rules and directives of the commissioner governing those​ 171.25 functions and with this section. The following variances are excluded from the delegation​ 171.26 of variance authority and may be issued only by the commissioner:​ 171.27 (1) dual licensure of family child care and family child foster care, dual licensure of​ 171.28 family child foster care and family adult foster care, dual licensure of child foster residence​ 171.29 setting and community residential setting, and dual licensure of family adult foster care and​ 171.30 family child care;​ 171.31 (2) child foster care maximum age requirement;​ 171.32 (3) variances regarding disqualified individuals;​ 171​ Article 16 Sec. 38.​ REVISOR CR H5237-4​ HF5237 FOURTH ENGROSSMENT​ 172.1 (4) variances to requirements relating to chemical use problems of a license holder or a​ 172.2 household member of a license holder; and​ 172.3 (5) variances to section 142B.74 for a time-limited period. If the commissioner grants​ 172.4 a variance under this clause, the license holder must provide notice of the variance to all​ 172.5 parents and guardians of the children in care.​ 172.6 (b) The commissioners of human services and children, youth, and families must both​ 172.7 approve a variance for dual licensure of family child foster care and family adult foster care​ 172.8 or family adult foster care and family child care. Variances under this paragraph are excluded​ 172.9 from the delegation of variance authority and may be issued only by both commissioners.​ 172.10 (c) Except as provided in section 142B.41, subdivision 4, paragraph (e), a county agency​ 172.11 must not grant a license holder a variance to exceed the maximum allowable family child​ 172.12 care license capacity of 14 children.​ 172.13 (b) (d) A county agency that has been designated by the commissioner to issue family​ 172.14 child care variances must:​ 172.15 (1) publish the county agency's policies and criteria for issuing variances on the county's​ 172.16 public website and update the policies as necessary; and​ 172.17 (2) annually distribute the county agency's policies and criteria for issuing variances to​ 172.18 all family child care license holders in the county.​ 172.19 (c) (e) Before the implementation of NETStudy 2.0, county agencies must report​ 172.20 information about disqualification reconsiderations under sections 245C.25 and 245C.27,​ 172.21 subdivision 2, paragraphs (a) and (b), and variances granted under paragraph (a), clause​ 172.22 (5), to the commissioner at least monthly in a format prescribed by the commissioner.​ 172.23 (d) (f) For family child care programs, the commissioner shall require a county agency​ 172.24 to conduct one unannounced licensing review at least annually.​ 172.25 (e) (g) A license issued under this section may be issued for up to two years.​ 172.26 (f) (h) A county agency shall report to the commissioner, in a manner prescribed by the​ 172.27 commissioner, the following information for a licensed family child care program:​ 172.28 (1) the results of each licensing review completed, including the date of the review, and​ 172.29 any licensing correction order issued;​ 172.30 (2) any death, serious injury, or determination of substantiated maltreatment; and​ 172​ Article 16 Sec. 38.​ REVISOR CR H5237-4​ HF5237 FOURTH ENGROSSMENT​ 173.1 (3) any fires that require the service of a fire department within 48 hours of the fire. The​ 173.2 information under this clause must also be reported to the state fire marshal within two​ 173.3 business days of receiving notice from a licensed family child care provider.​ 173.4 Sec. 39. Laws 2024, chapter 80, article 2, section 30, subdivision 2, is amended to read:​ 173.5 Subd. 2. Maltreatment of minors ongoing training requirement. (a) In addition to​ 173.6 the orientation training required by the applicable licensing rules and statutes, private​ 173.7 child-placing agency license holders must provide a training annually on the maltreatment​ 173.8 of minors reporting requirements and definitions in chapter 260E to each mandatory reporter,​ 173.9 as described in section 260E.06, subdivision 1.​ 173.10 (b) In addition to the orientation training required by the applicable licensing rules and​ 173.11 statutes, all family child foster care license holders and caregivers and foster residence​ 173.12 setting staff and volunteers who are mandatory reporters as described in section 260E.06,​ 173.13 subdivision 1, must complete training each year on the maltreatment of minors reporting​ 173.14 requirements and definitions in chapter 260E.​ 173.15 Sec. 40. Laws 2024, chapter 80, article 2, section 31, is amended to read:​ 173.16 Sec. 31. 142B.80 CHILD FOSTER CARE TRAINING REQUIREMENT; MENTAL​ 173.17 HEALTH TRAINING; FETAL ALCOHOL SPECTRUM DISORDERS TRAINING.​ 173.18 Prior to a nonemergency placement of a child in a foster care home, the child foster care​ 173.19 license holder and caregivers in foster family and treatment foster care settings, and all staff​ 173.20 providing care in foster residence settings must complete two hours of training that addresses​ 173.21 the causes, symptoms, and key warning signs of mental health disorders; cultural​ 173.22 considerations; and effective approaches for dealing with a child's behaviors. At least one​ 173.23 hour of the annual training requirement for the foster family license holder and caregivers,​ 173.24 and foster residence staff must be on children's mental health issues and treatment. Except​ 173.25 for providers and services under chapter 245D, the annual training must also include at least​ 173.26 one hour of training on fetal alcohol spectrum disorders, which must be counted toward the​ 173.27 12 hours of required in-service training per year. Short-term substitute caregivers are exempt​ 173.28 from these requirements. Training curriculum shall be approved by the commissioner of​ 173.29 children, youth, and families.​ 173​ Article 16 Sec. 40.​ REVISOR CR H5237-4​ HF5237 FOURTH ENGROSSMENT​ 174.1 Sec. 41. Laws 2024, chapter 80, article 2, section 74, is amended to read:​ 174.2 Sec. 74. REVISOR INSTRUCTION.​ 174.3 The revisor of statutes must renumber sections or subdivisions in column A as column​ 174.4 B.​ Column B​ 174.5 Column A​ 142B.01, subdivision 3​ 174.6 245A.02, subdivision 2c​ 142B.01, subdivision 11​ 174.7 245A.02, subdivision 6a​ 142B.01, subdivision 12​ 174.8 245A.02, subdivision 6b​ 142B.01, subdivision 22​ 174.9 245A.02, subdivision 10a​ 142B.01, subdivision 23​ 174.10 245A.02, subdivision 12​ 142B.01, subdivision 26​ 174.11 245A.02, subdivision 16​ 142B.01, subdivision 27​ 174.12 245A.02, subdivision 17​ 142B.01, subdivision 28​ 174.13 245A.02, subdivision 18​ 142B.01, subdivision 13​ 174.14 245A.02, subdivision 19​ 142B.05, subdivision 3​ 174.15 245A.03, subdivision 2a​ 142B.05, subdivision 4​ 174.16 245A.03, subdivision 2b​ 142B.05, subdivision 6​ 174.17 245A.03, subdivision 4​ 142B.05, subdivision 7​ 174.18 245A.03, subdivision 4a​ 142B.05, subdivision 10​ 174.19 245A.03, subdivision 8​ 142B.06​ 174.20 245A.035​ 142B.10, subdivision 17​ 174.21 245A.04, subdivision 9a​ 142B.10, subdivision 18​ 174.22 245A.04, subdivision 10​ 142B.16, subdivision 5​ 174.23 245A.06, subdivision 8​ 142B.16, subdivision 6​ 174.24 245A.06, subdivision 9​ 142B.17​ 174.25 245A.065​ 142B.18, subdivision 6​ 174.26 245A.07, subdivision 4​ 142B.18, subdivision 7​ 174.27 245A.07, subdivision 5​ 142B.41, subdivision 3​ 174.28 245A.14, subdivision 3​ 142B.41, subdivision 4​ 174.29 245A.14, subdivision 4​ 142B.41, subdivision 5​ 174.30 245A.14, subdivision 4a​ 142B.41, subdivision 6​ 174.31 245A.14, subdivision 6​ 142B.41, subdivision 7​ 174.32 245A.14, subdivision 8​ 142B.41, subdivision 8​ 174.33 245A.14, subdivision 10​ 142B.41, subdivision 9​ 174.34 245A.14, subdivision 11​ 142B.41, subdivision 11​ 174.35 245A.14, subdivision 15​ 142B.41, subdivision 12​ 174.36 245A.14, subdivision 16​ 174​ Article 16 Sec. 41.​ REVISOR CR H5237-4​ HF5237 FOURTH ENGROSSMENT​ 142B.41, subdivision 13​ 175.1 245A.14, subdivision 17​ 142B.60​ 175.2 245A.1434​ 142B.47​ 175.3 245A.144​ 142B.48​ 175.4 245A.1445​ 142B.61​ 175.5 245A.145​ 142B.45, subdivision 2​ 175.6 245A.146, subdivision 2​ 142B.45, subdivision 3​ 175.7 245A.146, subdivision 3​ 142B.45, subdivision 4​ 175.8 245A.146, subdivision 4​ 142B.45, subdivision 5​ 175.9 245A.146, subdivision 5​ 142B.45, subdivision 6​ 175.10 245A.146, subdivision 6​ 142B.75​ 175.11 245A.147​ 142B.76​ 175.12 245A.148​ 142B.77​ 175.13 245A.149​ 142B.78​ 175.14 245A.15​ 142B.79​ 175.15 245A.1511​ 142B.62​ 175.16 245A.152​ 142B.30, subdivision 7​ 175.17 245A.16, subdivision 7​ 142B.30, subdivision 9​ 175.18 245A.16, subdivision 9​ 142B.30, subdivision 11​ 175.19 245A.16, subdivision 11​ 142B.63​ 175.20 245A.23​ 142B.65​ 175.21 245A.40​ 142B.66​ 175.22 245A.41​ 142B.67​ 175.23 245A.42​ 142B.70​ 175.24 245A.50​ 142B.71​ 175.25 245A.51​ 142B.72​ 175.26 245A.52​ 142B.74​ 175.27 245A.53​ 142B.54, subdivision 2​ 175.28 245A.66, subdivision 2​ 142B.54, subdivision 3​ 175.29 245A.66, subdivision 3​ 175.30 The revisor of statutes must correct any statutory cross-references consistent with this​ 175.31 renumbering.​ 175.32 Sec. 42. Laws 2024, chapter 80, article 4, section 26, is amended to read:​ 175.33 Sec. 26. REVISOR INSTRUCTION.​ 175.34 (a) The revisor of statutes shall renumber each section of Minnesota Statutes listed in​ 175.35 column A with the number listed in column B. The revisor shall also make necessary​ 175​ Article 16 Sec. 42.​ REVISOR CR H5237-4​ HF5237 FOURTH ENGROSSMENT​ 176.1 cross-reference changes consistent with the renumbering. The revisor shall also make any​ 176.2 technical, language, and other changes necessitated by the renumbering and cross-reference​ 176.3 changes in this act.​ Column B​ 176.4 Column A​ 142D.12​ 176.5 119A.50​ 142D.121​ 176.6 119A.52​ 142D.122​ 176.7 119A.53​ 142D.123​ 176.8 119A.535​ 142D.124​ 176.9 119A.5411​ 142D.125​ 176.10 119A.545​ 142D.30​ 176.11 119B.195​ 142D.24​ 176.12 119B.196​ 142D.20​ 176.13 119B.25​ 142D.31​ 176.14 119B.251​ 142D.32​ 176.15 119B.252​ 142D.21​ 176.16 119B.27​ 142D.22​ 176.17 119B.28​ 142D.23​ 176.18 119B.29​ 142A.44​ 176.19 119B.99​ 142D.09​ 176.20 121A.16​ 142D.091​ 176.21 121A.17​ 142D.092​ 176.22 121A.18​ 142D.093​ 176.23 121A.19​ 142D.33​ 176.24 122A.731​ 142D.10​ 176.25 124D.13​ 142D.11​ 176.26 124D.135​ 142D.16​ 176.27 124D.141​ 142D.13​ 176.28 124D.142​ 142D.05​ 176.29 124D.15​ 142D.08​ 176.30 124D.151​ 142D.06​ 176.31 124D.16​ 142D.25​ 176.32 124D.165​ 142D.14​ 176.33 124D.2211​ 142D.15​ 176.34 124D.23​ 176.35 (b) The revisor of statutes shall codify Laws 2017, First Special Session chapter 5, article​ 176.36 8, section 9, as amended by article 4, section 25, as Minnesota Statutes, section 142D.07.​ 176​ Article 16 Sec. 42.​ REVISOR CR H5237-4​ HF5237 FOURTH ENGROSSMENT​ 177.1 (c) The revisor of statutes shall change "commissioner of education" to "commissioner​ 177.2 of children, youth, and families" and change "Department of Education" to "Department of​ 177.3 Children, Youth, and Families" as necessary in Minnesota Statutes, chapters 119A and 120​ 177.4 to 129C, to reflect the changes in this act and Laws 2023, chapter 70, article 12. The revisor​ 177.5 shall also make any technical, language, and other changes resulting from the change of​ 177.6 term to the statutory language, sentence structure, or both, if necessary to preserve the​ 177.7 meaning of the text.​ 177.8 Sec. 43. Laws 2024, chapter 80, article 6, section 4, is amended to read:​ 177.9 Sec. 4. REVISOR INSTRUCTION.​ 177.10 (a) The revisor of statutes must renumber each section of Minnesota Statutes in Column​ 177.11 A with the number in Column B.​ Column B​ 177.12 Column A​ 142F.05​ 177.13 245.771​ 142F.10​ 177.14 256D.60​ 142F.11​ 177.15 256D.61​ 142F.101​ 177.16 256D.62​ 142F.102​ 177.17 256D.63​ 142F.13​ 177.18 256D.64​ 142F.12​ 177.19 256D.65​ 142F.30​ 177.20 256E.30​ 142F.301​ 177.21 256E.31​ 142F.302​ 177.22 256E.32​ 142F.14​ 177.23 256E.34​ 142F.15​ 177.24 256E.342​ 142F.20​ 177.25 256E.35​ 177.26 (b) The revisor of statutes must correct any statutory cross-references consistent with​ 177.27 this renumbering.​ 177.28 Sec. 44. Laws 2024, chapter 80, article 7, section 4, is amended to read:​ 177.29 Sec. 4. Minnesota Statutes 2022, section 256J.09, is amended by adding a subdivision to​ 177.30 read:​ 177.31 Subd. 11. Domestic violence informational brochure. (a) The commissioner shall​ 177.32 provide a domestic violence informational brochure that provides information about the​ 177​ Article 16 Sec. 44.​ REVISOR CR H5237-4​ HF5237 FOURTH ENGROSSMENT​ 178.1 existence of domestic violence waivers to all MFIP applicants. The brochure must explain​ 178.2 that eligible applicants may be temporarily waived from certain program requirements due​ 178.3 to domestic violence. The brochure must provide information about services and other​ 178.4 programs to help victims of domestic violence.​ 178.5 (b) The brochure must be funded with TANF funds.​ 178.6 (c) The commissioner must work with the commissioner of human services to create a​ 178.7 brochure that meets the requirements of this section and section 256.029.​ 178.8 Sec. 45. CHILD FOSTER RESIDENCE SETTINGS TO STAY AT THE​ 178.9 DEPARTMENT OF HUMAN SERVICES.​ 178.10 The responsibility to license child foster residence settings as defined in Minnesota​ 178.11 Statutes, section 245A.02, subdivision 6e, does not transfer to the Department of Children,​ 178.12 Youth, and Families under Laws 2023, chapter 70, article 12, section 30, and remains with​ 178.13 the Department of Human Services.​ 178.14 Sec. 46. DIRECTION TO THE COMMISSIONER OF CHILDREN, YOUTH, AND​ 178.15 FAMILIES; COORDINATION OF SERVICES FOR CHILDREN WITH​ 178.16 DISABILITIES AND MENTAL HEALTH.​ 178.17 The commissioner shall designate a department leader to be responsible for coordination​ 178.18 of services and outcomes around children's mental health and for children with or at risk​ 178.19 for disabilities within and between the Department of Children, Youth, and Families; the​ 178.20 Department of Human Services; and related agencies.​ 178.21 Sec. 47. REPEALER.​ 178.22 (a) Minnesota Statutes 2022, section 245.975, subdivision 8, is repealed.​ 178.23 (b) Laws 2024, chapter 80, article 1, sections 38, subdivisions 3, 4, and 11; 39; and 43,​ 178.24 subdivision 2; Laws 2024, chapter 80, article 2, sections 1, subdivision 11; 3, subdivision​ 178.25 3; 4, subdivision 4; 10, subdivision 4; 33; and 69; and Laws 2024, chapter 80, article 7,​ 178.26 sections 3; and 9, are repealed.​ 178.27 (c) Minnesota Rules, part 9545.0845, is repealed.​ 178.28 Sec. 48. EFFECTIVE DATE; TRANSFER OF RESPONSIBILITIES.​ 178.29 (a) This article is effective July 1, 2024.​ 178​ Article 16 Sec. 48.​ REVISOR CR H5237-4​ HF5237 FOURTH ENGROSSMENT​ 179.1 (b) Notwithstanding paragraph (a), the powers and responsibilities transferred under this​ 179.2 article are effective upon notice of the commissioner of children, youth, and families to the​ 179.3 commissioners of administration, management and budget, and other relevant departments​ 179.4 along with the secretary of the senate, the chief clerk of the house of representatives, and​ 179.5 the chairs and ranking minority members of relevant legislative committees and divisions,​ 179.6 pursuant to Laws 2023, chapter 70, article 12, section 30, subdivision 1.​ 179.7 (c) By August 1, 2025, the commissioners of human services and children, youth, and​ 179.8 families shall notify the chairs and ranking minority members of relevant legislative​ 179.9 committees and divisions and the revisor of statutes of any sections of this article or programs​ 179.10 to be transferred that are waiting for federal approval to become effective pursuant to Laws​ 179.11 2023, chapter 70, article 12, section 30, subdivision 1, paragraph (b).​ 179.12 ARTICLE 17​ 179.13 MINNESOTA INDIAN FAMILY PRESERVATION ACT​ 179.14 Section 1. Minnesota Statutes 2022, section 259.20, subdivision 2, is amended to read:​ 179.15 Subd. 2. Other applicable law. (a) Portions of chapters 245A, 245C, 257, 260, and​ 179.16 317A may also affect the adoption of a particular child.​ 179.17 (b) Provisions of the Indian Child Welfare Act, United States Code, title 25, chapter 21,​ 179.18 sections 1901-1923, may also and the Minnesota Indian Family Preservation Act under​ 179.19 sections 260.751 to 260.835 apply in the adoption of an Indian child, and may preempt​ 179.20 specific provisions of this chapter as described in section 259.201.​ 179.21 (c) Consistent with section 245C.33 and Public Law 109-248, a completed background​ 179.22 study is required before the approval of any foster or adoptive placement in a related or an​ 179.23 unrelated home.​ 179.24 Sec. 2. [259.201] COMPLIANCE WITH FEDERAL INDIAN CHILD WELFARE​ 179.25 ACT AND MINNESOTA INDIAN FAMILY PRESERVATION ACT.​ 179.26 Adoption proceedings under this chapter that involve an Indian child are child custody​ 179.27 proceedings governed by the Indian Child Welfare Act, United States Code, title 25, sections​ 179.28 1901 to 1963; by the Minnesota Indian Family Preservation Act, sections 260.751 to 260.835;​ 179.29 by section 259.20, subdivision 2, paragraph (b); and by this chapter when not inconsistent​ 179.30 with the federal Indian Child Welfare Act and the Minnesota Indian Family Preservation​ 179.31 Act.​ 179​ Article 17 Sec. 2.​ REVISOR CR H5237-4​ HF5237 FOURTH ENGROSSMENT​ 180.1 Sec. 3. Minnesota Statutes 2023 Supplement, section 260.755, subdivision 1a, is amended​ 180.2 to read:​ 180.3 Subd. 1a. Active efforts. (a) "Active efforts" means a rigorous and concerted level of​ 180.4 effort to preserve the Indian child's family that is ongoing throughout the involvement of​ 180.5 the child-placing agency to continuously involve the Indian child's Tribe and that uses the​ 180.6 or the petitioner with the Indian child. Active efforts require the engagement of the Indian​ 180.7 child, the Indian child's parents, the Indian custodian, the extended family, and the Tribe in​ 180.8 using the prevailing social and cultural values, conditions, and way of life of the Indian​ 180.9 child's Tribe to: (1) preserve the Indian child's family and; (2) prevent placement of an​ 180.10 Indian child and,; (3) if placement occurs, to return the Indian child to the Indian child's​ 180.11 family at the earliest possible time; and (4) where a permanent change in parental rights or​ 180.12 custody are necessary, ensure the Indian child retains meaningful connections to the Indian​ 180.13 child's family, extended family, and Tribe.​ 180.14 (b) Active efforts under section for all Indian child placements includes this section and​ 180.15 sections 260.012 and 260.762 and require a higher standard than reasonable efforts as defined​ 180.16 in section 260.012 to preserve the family, prevent breakup of the family, and reunify the​ 180.17 family. Active efforts include reasonable efforts as required by Title IV-E of the Social​ 180.18 Security Act, United States Code, title 42, sections 670 to 679c are required for all Indian​ 180.19 child placement proceedings and for all voluntary Indian child placements that involve a​ 180.20 child-placing agency regardless of whether the reasonable efforts would have been relieved​ 180.21 under section 260.012.​ 180.22 Sec. 4. Minnesota Statutes 2022, section 260.755, subdivision 2a, is amended to read:​ 180.23 Subd. 2a. Best interests of an Indian child. "Best interests of an Indian child" means​ 180.24 compliance with the federal Indian Child Welfare Act and the Minnesota Indian Family​ 180.25 Preservation Act to preserve and maintain an Indian child's family. The best interests of an​ 180.26 Indian child support the Indian child's sense of belonging to family, extended family, and​ 180.27 Tribe. The best interests of an Indian child are interwoven with the best interests of the​ 180.28 Indian child's Tribe.​ 180.29 Sec. 5. Minnesota Statutes 2023 Supplement, section 260.755, subdivision 3, is amended​ 180.30 to read:​ 180.31 Subd. 3. Child placement proceeding. (a) "Child placement proceeding" includes a​ 180.32 judicial proceeding which could result in:​ 180​ Article 17 Sec. 5.​ REVISOR CR H5237-4​ HF5237 FOURTH ENGROSSMENT​ 181.1 (1) "adoptive placement," meaning the permanent placement of an Indian child for​ 181.2 adoption, including an action resulting in a final decree of adoption;​ 181.3 (2) "involuntary foster care placement," meaning an action removing an Indian child​ 181.4 from the child's parents or Indian custodian for temporary placement in a foster home,​ 181.5 institution, or the home of a guardian. The parent or Indian custodian cannot have the Indian​ 181.6 child returned upon demand, but parental rights have not been terminated;​ 181.7 (3) "preadoptive placement," meaning the temporary placement of an Indian child in a​ 181.8 foster home or institution after the termination of parental rights, before or instead of adoptive​ 181.9 placement; or​ 181.10 (4) "termination of parental rights," meaning an action resulting in the termination of​ 181.11 the parent-child relationship under section 260C.301.​ 181.12 (b) The term child placement proceeding is a domestic relations proceeding that includes​ 181.13 all placements where Indian children are placed out-of-home or away from the care, custody,​ 181.14 and control of their parent or parents or Indian custodian that do not implicate custody​ 181.15 between the parents. Child placement proceeding also includes any placement based upon​ 181.16 juvenile status offenses, but does not include a placement based upon an act which if​ 181.17 committed by an adult would be deemed a crime, or upon an award of custody in a divorce​ 181.18 proceeding to one of the parents.​ 181.19 Sec. 6. Minnesota Statutes 2023 Supplement, section 260.755, subdivision 3a, is amended​ 181.20 to read:​ 181.21 Subd. 3a. Child-placing agency. "Child-placing agency" means a public, private, or​ 181.22 nonprofit legal entity: (1) providing assistance to a an Indian child and the Indian child's​ 181.23 parent or parents or Indian custodian; or (2) placing a an Indian child in foster care or for​ 181.24 adoption on a voluntary or involuntary basis.​ 181.25 Sec. 7. Minnesota Statutes 2022, section 260.755, subdivision 5, is amended to read:​ 181.26 Subd. 5. Demand. "Demand" means a written and notarized statement signed by a parent​ 181.27 or Indian custodian of a an Indian child which requests the return of the Indian child who​ 181.28 has been voluntarily placed in foster care.​ 181​ Article 17 Sec. 7.​ REVISOR CR H5237-4​ HF5237 FOURTH ENGROSSMENT​ 182.1 Sec. 8. Minnesota Statutes 2023 Supplement, section 260.755, subdivision 5b, is amended​ 182.2 to read:​ 182.3 Subd. 5b. Extended family member. "Extended family member" is as defined by the​ 182.4 law or custom of the Indian child's Tribe or, in the absence of any law or custom of the​ 182.5 Tribe, is a person who has reached the age of 18 and who is the Indian child's grandparent,​ 182.6 aunt or uncle, brother or sister, brother-in-law or sister-in-law, niece or nephew, first or​ 182.7 second cousin, or stepparent. For the purposes of provision of active efforts and foster care​ 182.8 and permanency placement decisions, the legal parent, guardian, or custodian of the Indian​ 182.9 child's sibling is not an extended family member or relative of an Indian child unless they​ 182.10 are independently related to the Indian child or recognized by the Indian child's Tribe as an​ 182.11 extended family member.​ 182.12 Sec. 9. Minnesota Statutes 2022, section 260.755, subdivision 14, is amended to read:​ 182.13 Subd. 14. Parent. "Parent" means the biological parent of an Indian child, or any Indian​ 182.14 person who has lawfully adopted an Indian child, including a person who has adopted a an​ 182.15 Indian child by Tribal law or custom. Parent includes a father as defined by Tribal law or​ 182.16 custom. Parent does not include an unmarried father whose paternity has not been​ 182.17 acknowledged or established. Paternity has been acknowledged when an unmarried father​ 182.18 takes any action to hold himself out as the biological father of an Indian child.​ 182.19 Sec. 10. Minnesota Statutes 2022, section 260.755, is amended by adding a subdivision​ 182.20 to read:​ 182.21 Subd. 15a. Petitioner. "Petitioner" means one or more individuals other than a parent​ 182.22 or Indian custodian who has filed a petition or motion seeking a grant of temporary or​ 182.23 permanent guardianship, custody, or adoption of an Indian child.​ 182.24 Sec. 11. Minnesota Statutes 2022, section 260.755, subdivision 17a, is amended to read:​ 182.25 Subd. 17a. Qualified expert witness. "Qualified expert witness" means an individual​ 182.26 who (1) has specific knowledge of the Indian child's tribe's culture and customs, or meets​ 182.27 the criteria in section 260.771, subdivision 6, paragraph (d), and (2) provides testimony as​ 182.28 required by the Indian Child Welfare Act of 1978, United States Code, title 25, section​ 182.29 1912, and the Minnesota Indian Family Preservation Act, regarding out-of-home placement​ 182.30 or termination of parental rights child placement or permanency proceedings relating to an​ 182.31 Indian child.​ 182​ Article 17 Sec. 11.​ REVISOR CR H5237-4​ HF5237 FOURTH ENGROSSMENT​ 183.1 Sec. 12. Minnesota Statutes 2023 Supplement, section 260.755, subdivision 20, is amended​ 183.2 to read:​ 183.3 Subd. 20. Tribal court. "Tribal court" means a court with jurisdiction over child custody​ 183.4 proceedings and which is either a court of Indian offenses, or a court established and operated​ 183.5 under the code or custom of an Indian Tribe, or any other administrative body of a Tribe​ 183.6 which is vested with authority over child custody proceedings.​ 183.7 Sec. 13. Minnesota Statutes 2022, section 260.755, is amended by adding a subdivision​ 183.8 to read:​ 183.9 Subd. 20a. Tribal representative. "Tribal representative" means a representative​ 183.10 designated by and acting on behalf of a Tribe in connection with an Indian child placement​ 183.11 proceeding as defined in subdivision 3. It is not required that the designated representative​ 183.12 be an attorney to represent the Tribe in these matters. An individual appearing as a Tribal​ 183.13 representative on behalf of a Tribe and participating in a court proceeding under this chapter​ 183.14 is not engaged in the unauthorized practice of law.​ 183.15 Sec. 14. Minnesota Statutes 2023 Supplement, section 260.755, subdivision 22, is amended​ 183.16 to read:​ 183.17 Subd. 22. Voluntary foster care placement. "Voluntary foster care placement" means​ 183.18 a decision in which there has been participation by a child-placing agency resulting in the​ 183.19 temporary placement of an Indian child away from the home of the Indian child's parents​ 183.20 or Indian custodian in a foster home, institution, or the home of a guardian, and the parent​ 183.21 or Indian custodian may have the Indian child returned upon demand.​ 183.22 Sec. 15. Minnesota Statutes 2023 Supplement, section 260.758, subdivision 2, is amended​ 183.23 to read:​ 183.24 Subd. 2. Temporary emergency jurisdiction of state courts. (a) The child-placing​ 183.25 agency, petitioner, or court shall ensure that the emergency removal or placement terminates​ 183.26 immediately when removal or placement is no longer necessary to prevent imminent physical​ 183.27 damage or harm to the Indian child. The child-placing agency, petitioner, or court shall​ 183.28 expeditiously initiate a child placement proceeding subject to the provisions of sections​ 183.29 260.751 to 260.835, transfer the Indian child to the jurisdiction of the appropriate Indian​ 183.30 Tribe, or return the Indian child to the Indian child's parent or Indian custodian as may be​ 183.31 appropriate.​ 183​ Article 17 Sec. 15.​ REVISOR CR H5237-4​ HF5237 FOURTH ENGROSSMENT​ 184.1 (b) If the Indian child is a resident of or is domiciled on a reservation but temporarily​ 184.2 located off the reservation, a court of this state has only temporary emergency jurisdiction​ 184.3 until the Indian child is transferred to the jurisdiction of the appropriate Indian Tribe unless​ 184.4 the Indian child's Tribe has expressly declined to exercise its jurisdiction, or the Indian child​ 184.5 is returned to the Indian child's parent or Indian custodian.​ 184.6 Sec. 16. Minnesota Statutes 2023 Supplement, section 260.758, subdivision 4, is amended​ 184.7 to read:​ 184.8 Subd. 4. Emergency proceeding requirements. (a) The court shall hold a hearing no​ 184.9 later than 72 hours, excluding weekends and holidays, after the emergency removal of the​ 184.10 Indian child. The court shall determine whether the emergency removal continues to be​ 184.11 necessary to prevent imminent physical damage or harm to the Indian child.​ 184.12 (b) The court shall hold additional hearings whenever new information indicates that​ 184.13 the emergency situation has ended and must determine at any court hearing during the​ 184.14 emergency proceeding to determine whether the emergency removal or placement is no​ 184.15 longer necessary to prevent imminent physical damage or harm to the Indian child.​ 184.16 Sec. 17. Minnesota Statutes 2023 Supplement, section 260.758, subdivision 5, is amended​ 184.17 to read:​ 184.18 Subd. 5. Termination of emergency removal or placement. (a) An emergency removal​ 184.19 or placement of an Indian child must immediately terminate once the child-placing agency​ 184.20 or court possesses sufficient evidence to determine that the emergency removal or placement​ 184.21 is no longer necessary to prevent imminent physical damage or harm to the Indian child​ 184.22 and the Indian child shall be immediately returned to the custody of the Indian child's parent​ 184.23 or Indian custodian.​ 184.24 (b) An emergency removal or placement ends when the Indian child is transferred to​ 184.25 the jurisdiction of the Indian child's Tribe, or when the court orders, after service upon the​ 184.26 Indian child's parents, Indian custodian, and Indian child's Tribe, that placement of the​ 184.27 Indian child shall be placed in foster care upon a determination supported by clear and​ 184.28 convincing evidence, including testimony by a qualified expert witness, that custody of the​ 184.29 Indian child by the Indian child's parent or Indian custodian is likely to result in serious​ 184.30 emotional or physical damage to the Indian child.​ 184.31 (c) In no instance shall emergency removal or emergency placement of an Indian child​ 184.32 extend beyond 30 days unless the court finds by a showing of clear and convincing evidence​ 184.33 that: (1) continued emergency removal or placement is necessary to prevent imminent​ 184​ Article 17 Sec. 17.​ REVISOR CR H5237-4​ HF5237 FOURTH ENGROSSMENT​ 185.1 physical damage or harm to the Indian child; (2) the court has been unable to transfer the​ 185.2 proceeding to the jurisdiction of the Indian child's Tribal court; and (3) it has not been​ 185.3 possible to initiate a child placement proceeding with all of the protections under sections​ 185.4 260.751 to 260.835, including obtaining the testimony of a qualified expert witness.​ 185.5 Sec. 18. Minnesota Statutes 2023 Supplement, section 260.761, is amended to read:​ 185.6 260.761 INQUIRY OF TRIBAL LINEAGE; NOTICE TO TRIBES, PARENTS,​ 185.7 AND INDIAN CUSTODIANS; ACCESS TO FILES.​ 185.8 Subdivision 1. Inquiry of Tribal lineage. (a) The child-placing agency or individual​ 185.9 petitioner shall inquire of the child, the child's parents and custodians, and other appropriate​ 185.10 persons whether there is any reason to believe that a child brought to the agency's attention​ 185.11 may have lineage to an Indian Tribe. This inquiry shall occur at the time the child comes​ 185.12 to the attention of the child-placing agency or individual petitioner and shall continue​ 185.13 throughout the involvement of the child-placing agency or individual petitioner.​ 185.14 (b) In any child placement proceeding, the court shall inquire of the child, the child's​ 185.15 parents, custodian, and any person participating in the proceedings whether the child has​ 185.16 any American Indian heritage or lineage to an Indian Tribe. The inquiry shall be made at​ 185.17 the commencement of the proceeding and all responses must be on the record. The court​ 185.18 must instruct the parties to inform the court if they subsequently receive information that​ 185.19 provides reason to believe the child is an Indian child.​ 185.20 (c) If there is reason to believe the child is an Indian child, but the court does not have​ 185.21 sufficient evidence to determine whether the child is an Indian child, the court shall:​ 185.22 (1) confirm with a report, declaration, or testimony in the record that the child-placing​ 185.23 agency or petitioner used due diligence to identify and work with all of the Tribes for which​ 185.24 there is reason to believe the child may be a member of or eligible for membership to verify​ 185.25 whether the child is an Indian child; and​ 185.26 (2) proceed with the case as if the child is an Indian child until it is determined on the​ 185.27 record that the child does not meet the definition of Indian child.​ 185.28 Subd. 2. Notice to Tribes of services or court proceedings involving an Indian​ 185.29 child. (a) When a child-placing agency or petitioner has information that a family assessment,​ 185.30 investigation, or noncaregiver sex trafficking assessment being conducted may involve an​ 185.31 Indian child, the child-placing agency or petitioner shall notify the Indian child's Tribe of​ 185.32 the family assessment, investigation, or noncaregiver sex trafficking assessment according​ 185.33 to section 260E.18. The child-placing agency or petitioner shall provide initial notice by​ 185​ Article 17 Sec. 18.​ REVISOR CR H5237-4​ HF5237 FOURTH ENGROSSMENT​ 186.1 telephone and by email or facsimile and shall include the child's full name and date of birth;​ 186.2 the full names and dates of birth of the child's biological parents; and if known the full​ 186.3 names and dates of birth of the child's grandparents and of the child's Indian custodian. If​ 186.4 information regarding the child's grandparents or Indian custodian is not immediately​ 186.5 available, the child-placing agency or petitioner shall continue to request this information​ 186.6 and shall notify the Tribe when it is received. Notice shall be provided to all Tribes to which​ 186.7 the child may have any Tribal lineage. The child-placing agency or petitioner shall request​ 186.8 that the Tribe or a designated Tribal representative participate in evaluating the family​ 186.9 circumstances, identifying family and Tribal community resources, and developing case​ 186.10 plans. The child-placing agency or petitioner shall continue to include the Tribe in service​ 186.11 planning and updates as to the progress of the case.​ 186.12 (b) When a child-placing agency or petitioner has information that a child receiving​ 186.13 services may be an Indian child, the child-placing agency or petitioner shall notify the Tribe​ 186.14 by telephone and by email or facsimile of the child's full name and date of birth, the full​ 186.15 names and dates of birth of the child's biological parents, and, if known, the full names and​ 186.16 dates of birth of the child's grandparents and of the child's Indian custodian. This notification​ 186.17 must be provided for the Tribe to determine if the child is a member or eligible for Tribal​ 186.18 membership, and the child-placing agency or petitioner must provide this notification to​ 186.19 the Tribe within seven days of receiving information that the child may be an Indian child.​ 186.20 If information regarding the child's grandparents or Indian custodian is not available within​ 186.21 the seven-day period, the child-placing agency or petitioner shall continue to request this​ 186.22 information and shall notify the Tribe when it is received. Notice shall be provided to all​ 186.23 Tribes to which the child may have any Tribal lineage.​ 186.24 (c) In all child placement proceedings, when a court has reason to believe that a child​ 186.25 placed in emergency protective care is an Indian child, the court administrator or a designee​ 186.26 shall, as soon as possible and before a hearing takes place, notify the Tribal social services​ 186.27 agency by telephone and by email or facsimile of the date, time, and location of the​ 186.28 emergency protective care or other initial hearing. The court shall make efforts to allow​ 186.29 appearances by telephone or video conference for Tribal representatives, parents, and Indian​ 186.30 custodians allow appearances by telephone, video conference, or other electronic medium​ 186.31 for Tribal representatives, the Indian child's parents, or the Indian custodian.​ 186.32 (d) In all child placement proceedings, except for adoptive or preadoptive placement​ 186.33 proceedings, when a court has reason to believe the child is an Indian child, the child-placing​ 186.34 agency or individual petitioner shall effect service of any petition governed by sections​ 186.35 260.751 to 260.835 provide notice of the proceedings and a copy of any petition to the​ 186​ Article 17 Sec. 18.​ REVISOR CR H5237-4​ HF5237 FOURTH ENGROSSMENT​ 187.1 Indian child's parents, Indian custodian, and the Indian child's Tribe and shall effect service​ 187.2 of any notice and petition governed by sections 260.751 to 260.835 upon the parent, Indian​ 187.3 custodian, and the Indian child's Tribe by certified mail or registered mail, return receipt​ 187.4 requested upon the Indian child's parents, Indian custodian, and Indian child's Tribe at least​ 187.5 10 days before the admit-deny hearing is held. If the identity or location of the Indian child's​ 187.6 parents or Indian custodian and or Tribe cannot be determined, the child-placing agency or​ 187.7 petitioner shall provide the notice required in this paragraph to the United States Secretary​ 187.8 of the Interior, Bureau of Indian Affairs by certified or registered mail, return receipt​ 187.9 requested. Where service is only accomplished through the United States Secretary of the​ 187.10 Interior, Bureau of Indian Affairs, the initial hearing shall not be held until 20 days after​ 187.11 notice upon the Tribe or the Secretary of the Interior.​ 187.12 (e) Notice under this subdivision must be in clear and understandable language and​ 187.13 include the following:​ 187.14 (1) the child's name, date of birth, and birth place;​ 187.15 (2) all names known for the parents and Indian custodian, including maiden, married,​ 187.16 former names, and aliases, correctly spelled;​ 187.17 (3) the dates of birth, birth place, and Tribal enrollment numbers of the Indian child, the​ 187.18 Indian child's parents, and the Indian custodian, if known;​ 187.19 (4) the full names, dates of birth, birth places, and Tribal enrollment or affiliation​ 187.20 information of direct lineal ancestors of the child, other extended family members, and​ 187.21 custodians of the child, if known;​ 187.22 (5) the name of any and all Indian Tribes in which the child is or may be a member or​ 187.23 eligible for membership in; and​ 187.24 (6) statements setting out:​ 187.25 (i) the name of the petitioner and name and address of the petitioner's attorney;​ 187.26 (ii) the right of any parent or Indian custodian of the Indian child, to intervene in the​ 187.27 child placement proceedings, if not already a party;​ 187.28 (iii) the right of the Indian child's Tribe to intervene in the proceedings at any time;​ 187.29 (iv) the right of the Indian child, the Indian child's parent, and the Indian custodian to​ 187.30 court-appointed counsel if they meet the requirements in section 611.17;​ 187.31 (v) the right to be granted, upon request, up to 20 additional days to prepare for the​ 187.32 child-placement proceedings;​ 187​ Article 17 Sec. 18.​ REVISOR CR H5237-4​ HF5237 FOURTH ENGROSSMENT​ 188.1 (vi) the right of the Indian child's parent, the Indian custodian, and the Indian child's​ 188.2 Tribe to petition the court for transfer of the proceedings to Tribal court;​ 188.3 (vii) the mailing addresses and telephone numbers of the court and information related​ 188.4 to all parental and custodial rights of the parent or Indian custodian; and​ 188.5 (viii) that all parties must maintain confidentiality of all information contained in the​ 188.6 notice and must not provide the information to anyone other than their attorney.​ 188.7 (e) (f) A Tribe, the Indian child's parents, or the Indian custodian may request up to 20​ 188.8 additional days to prepare for the admit-deny initial hearing. The court shall allow​ 188.9 appearances by telephone, video conference, or other electronic medium for Tribal​ 188.10 representatives, the Indian child's parents, or the Indian custodian.​ 188.11 (f) (g) A child-placing agency or individual petitioner must provide the notices required​ 188.12 under this subdivision at the earliest possible time to facilitate involvement of the Indian​ 188.13 child's Tribe. Nothing in this subdivision is intended to hinder the ability of the child-placing​ 188.14 agency, individual petitioner, and the court to respond to an emergency situation. Lack of​ 188.15 participation by a Tribe shall not prevent the Tribe from intervening in services and​ 188.16 proceedings at a later date. A Tribe may participate in a case at any time. At any stage of​ 188.17 the child-placing agency's agency or petitioner's involvement with an Indian child, the​ 188.18 child-placing agency or petitioner shall provide full cooperation to the Tribal social services​ 188.19 agency, including disclosure of all data concerning the Indian child. Nothing in this​ 188.20 subdivision relieves the child-placing agency or petitioner of satisfying the notice​ 188.21 requirements in state or federal law.​ 188.22 (h) The court shall allow appearances by telephone, video conference, or other electronic​ 188.23 means for Tribal representatives at all hearings and trials. The court shall allow appearances​ 188.24 by telephone, video conference, or other electronic means for the Indian child's parents or​ 188.25 Indian custodian for all hearings, except that the court may require an in-person appearance​ 188.26 for trials or other evidentiary or contested hearings.​ 188.27 Subd. 3. Notice of potential preadoptive or adoptive placement. In any adoptive or​ 188.28 preadoptive placement proceeding, including voluntary proceedings, where any party or​ 188.29 participant has reason to believe that a child who is the subject of an adoptive or preadoptive​ 188.30 placement proceeding is or may be an "Indian child," as defined in section 260.755,​ 188.31 subdivision 8, and United States Code, title 25, section 1903(4), the child-placing agency​ 188.32 or individual petitioner shall notify the Indian child's Tribe by registered mail or certified​ 188.33 mail with return receipt requested of the pending proceeding and of the right of intervention​ 188.34 under subdivision 6. If the identity or location of the Indian child's Tribe cannot be​ 188​ Article 17 Sec. 18.​ REVISOR CR H5237-4​ HF5237 FOURTH ENGROSSMENT​ 189.1 determined, the notice must be given to the United States Secretary of Interior in like manner.​ 189.2 No preadoptive or adoptive placement proceeding may be held until at least 20 days after​ 189.3 receipt of the notice by the Tribe or the secretary. Upon request, the Tribe must be granted​ 189.4 up to 20 additional days to prepare for the proceeding. The child-placing agency or individual​ 189.5 petitioner shall include in the notice the identity of the birth parents and Indian child absent​ 189.6 written objection by the birth parents. The child-placing agency or petitioner shall inform​ 189.7 the birth parents of the Indian child of any services available to the Indian child through the​ 189.8 child's Tribal social services agency, including child placement services, and shall​ 189.9 additionally provide the birth parents of the Indian child with all information sent from the​ 189.10 Tribal social services agency in response to the notice.​ 189.11 Subd. 4. Unknown father. If the child-placing agency, individual petitioner, the court,​ 189.12 or any party has reason to believe that a child who is the subject of a child placement​ 189.13 proceeding is or may be an Indian child but the father of the child is unknown and has not​ 189.14 registered with the fathers' adoption registry pursuant to section 259.52, the child-placing​ 189.15 agency or individual petitioner shall provide to the Tribe believed to be the Indian child's​ 189.16 Tribe information sufficient to enable the Tribe to determine the child's eligibility for​ 189.17 membership in the Tribe, including, but not limited to, the legal and maiden name of the​ 189.18 birth mother, her date of birth, the names and dates of birth of her parents and grandparents,​ 189.19 and, if available, information pertaining to the possible identity, Tribal affiliation, or location​ 189.20 of the birth father. If the identity or location of the Indian child's Tribe cannot be determined,​ 189.21 the notice must be given to the United States Secretary of Interior in like manner.​ 189.22 Subd. 5. Proof of service of notice upon Tribe or secretary. In cases where a​ 189.23 child-placing agency or party to an adoptive placement knows or has reason to believe that​ 189.24 a child is or may be an Indian child, proof of service upon the Indian child's Tribe or the​ 189.25 secretary of interior must be filed with the adoption petition.​ 189.26 Subd. 6. Indian Tribe's right of intervention. In any child placement proceeding under​ 189.27 sections 260.751 to 260.835, the Indian child's Tribe shall have a right to intervene at any​ 189.28 point in the proceeding.​ 189.29 Subd. 6a. Indian Tribe's access to files. At any stage of the child-placing agency's​ 189.30 agency or petitioner's involvement with an Indian child, the child-placing agency or petitioner​ 189.31 shall, upon request, give the Tribal social services agency full cooperation including access​ 189.32 to all files concerning the Indian child. If the files contain confidential or private data, the​ 189.33 child-placing agency or petitioner may require execution of an agreement with the Tribal​ 189.34 social services agency to maintain the data according to statutory provisions applicable to​ 189.35 the data.​ 189​ Article 17 Sec. 18.​ REVISOR CR H5237-4​ HF5237 FOURTH ENGROSSMENT​ 190.1 Sec. 19. Minnesota Statutes 2023 Supplement, section 260.762, is amended to read:​ 190.2 260.762 DUTY TO PREVENT OUT-OF-HOME CHILD PLACEMENT,​ 190.3 PRESERVE THE CHILD'S FAMILY, AND PROMOTE FAMILY REUNIFICATION;​ 190.4 ACTIVE EFFORTS.​ 190.5 Subdivision 1. Active efforts. Active efforts includes acknowledging traditional helping​ 190.6 and healing systems of an Indian child's Tribe and using these systems as the core to help​ 190.7 and heal the Indian child and family regardless of whether the Indian child's Tribe has​ 190.8 intervened in the proceedings. Active efforts are not required to prevent voluntary​ 190.9 out-of-home placement and to effect voluntary permanency for the Indian child.​ 190.10 Subd. 2. Requirements for child-placing agencies and individual petitioners. A​ 190.11 child-placing agency or individual petitioner shall:​ 190.12 (1) work with the Indian child's Tribe and family to develop an alternative plan to​ 190.13 out-of-home placement;​ 190.14 (2) before making a decision that may affect an Indian child's safety and well-being or​ 190.15 when contemplating out-of-home placement of an Indian child, seek guidance from the​ 190.16 Indian child's Tribe on family structure, how the family can seek help, what family and​ 190.17 Tribal resources are available, and what barriers the family faces at that time that could​ 190.18 threaten its preservation; and​ 190.19 (3) request participation of the Indian child's Tribe at the earliest possible time and​ 190.20 request the Tribe's active participation throughout the case.​ 190.21 Subd. 2a. Required findings that active efforts were provided. (a) A court shall not​ 190.22 order a child placement, termination of parental rights, guardianship to the commissioner​ 190.23 of human services under section 260C.325, or temporary or permanent change in custody​ 190.24 of an Indian child unless the court finds that the child-placing agency or petitioner​ 190.25 demonstrated that active efforts were made to preserve the Indian child's family. Active​ 190.26 efforts to preserve the Indian child's family include efforts to prevent placement of the Indian​ 190.27 child to correct the conditions that led to the placement by ensuring remedial services and​ 190.28 rehabilitative programs designed to prevent the breakup of the family were provided in a​ 190.29 manner consistent with the prevailing social and cultural conditions of the Indian child's​ 190.30 Tribe and in partnership with the Indian child, the Indian child's parents, the Indian custodian,​ 190.31 extended family members, and Tribe, and that these efforts have proved unsuccessful.​ 190.32 (b) The court, in determining whether active efforts were made to preserve the Indian​ 190.33 child's family for purposes of child placement or permanency, shall ensure the provision of​ 190​ Article 17 Sec. 19.​ REVISOR CR H5237-4​ HF5237 FOURTH ENGROSSMENT​ 191.1 active efforts designed to correct the conditions that led to the placement of the Indian child​ 191.2 and shall make findings regarding whether the following activities were appropriate and​ 191.3 necessary, and whether the child-placing agency or petitioner ensured appropriate and​ 191.4 meaningful services were available based upon the family's specific needs, whether listed​ 191.5 in this paragraph or not:​ 191.6 (1) whether active efforts were made at the earliest point possible to inquire into the​ 191.7 child's heritage, to identify any federally recognized Indian Tribe the child may be affiliated​ 191.8 with, to notify all potential Tribes at the earliest point possible, and to request participation​ 191.9 of the Indian child's Tribe;​ 191.10 (2) whether a Tribally designated representative with substantial knowledge of the​ 191.11 prevailing social and cultural standards and child-rearing practices within the Tribal​ 191.12 community was provided an opportunity to consult with and be involved in any investigations​ 191.13 or assessments of the family's circumstances, participate in identifying the family's needs,​ 191.14 and participate in development of any plan to keep the Indian child safely in the home,​ 191.15 identify services designed to prevent the breakup of the Indian child's family, and to reunify​ 191.16 the Indian child's family as soon as safety can be assured if out-of-home placement has​ 191.17 occurred;​ 191.18 (3) whether the Tribal representative was provided with all information available​ 191.19 regarding the proceeding, and whether it was requested that the Tribal representative assist​ 191.20 in identifying services designed to prevent the breakup of the Indian child's family and to​ 191.21 reunify the Indian child's family as soon as safety can be assured if out-of-home placement​ 191.22 has occurred;​ 191.23 (4) whether, before making a decision that may affect an Indian child's safety and​ 191.24 well-being or when contemplating placement of an Indian child, guidance from the Indian​ 191.25 child's Tribe was sought regarding family structure, how the family can seek help, what​ 191.26 family and Tribal resources are available, and what barriers the family faces that could​ 191.27 threaten the family's preservation;​ 191.28 (5) whether a Tribal representative was consulted to determine and arrange for visitation​ 191.29 in the most natural setting that ensures the Indian child's safety, when the Indian child's​ 191.30 safety requires supervised visitation;​ 191.31 (6) whether early and ongoing efforts occurred to identify, locate, and include extended​ 191.32 family members as supports for the Indian child and the Indian child's family;​ 191.33 (7) whether continued active efforts were made to identify and place the Indian child in​ 191.34 a home that is compliant with the placement preferences in sections 260.751 to 260.835,​ 191​ Article 17 Sec. 19.​ REVISOR CR H5237-4​ HF5237 FOURTH ENGROSSMENT​ 192.1 including whether extended family members were consulted to provide support to the Indian​ 192.2 child and Indian child's parents; to inform the child-placing agency, petitioner, and court​ 192.3 as to cultural connections and family structure; to assist in identifying appropriate cultural​ 192.4 services and supports for the Indian child and Indian child's parents; and to identify and​ 192.5 serve as placement and permanency resources for the Indian child. If there was difficulty​ 192.6 contacting or engaging extended family members, whether assistance was sought from the​ 192.7 Tribe, the Department of Human Services, or other agencies with expertise in working with​ 192.8 Indian families;​ 192.9 (8) whether services and resources were provided to extended family members who are​ 192.10 considered the primary placement option for an Indian child, as agreed upon by the​ 192.11 child-placing agency or petitioner and the Tribe, to overcome licensing and other barriers​ 192.12 to providing care to an Indian child. The need for services or resources shall not be a basis​ 192.13 to exclude an extended family member from consideration as a primary placement. Services​ 192.14 and resources include but are not limited to child care assistance, financial assistance,​ 192.15 housing resources, emergency resources, and foster care licensing assistance and resources;​ 192.16 (9) whether concrete services and access to both Tribal and non-Tribal services were​ 192.17 provided to the Indian child's parents and Indian custodian and, where necessary, members​ 192.18 of the Indian child's extended family members who provide support to the Indian child and​ 192.19 the Indian child's parents; and whether these services were provided in an ongoing manner​ 192.20 throughout the child-placing agency or petitioner's involvement with the Indian family to​ 192.21 directly assist the Indian family in accessing and utilizing services to maintain the Indian​ 192.22 family, or to reunify the Indian family as soon as safety can be assured if out-of-home​ 192.23 placement has occurred. Services include but are not limited to financial assistance, food,​ 192.24 housing, health care, transportation, in-home services, community support services, and​ 192.25 specialized services; and​ 192.26 (10) whether visitation occurred whenever possible in the home of the Indian child's​ 192.27 parent, Indian custodian, or extended family member or in another noninstitutional setting​ 192.28 in order to keep the Indian child in close contact with the Indian child's parents, siblings,​ 192.29 and other relatives regardless of the Indian child's age and to allow the Indian child and​ 192.30 those with whom the Indian child visits to have natural, unsupervised interaction when​ 192.31 consistent with protecting the child's safety.​ 192.32 Subd. 2b. Adoptions. For adoptions under chapter 259, the court may find that active​ 192.33 efforts were made to prevent placement of an Indian child or to reunify the Indian child​ 192.34 with the Indian child's parents upon a finding that: (1) subdivision 2a, paragraph (b), clauses​ 192.35 (1) to (4), were met; (2) the Indian child's parent knowingly and voluntarily consented to​ 192​ Article 17 Sec. 19.​ REVISOR CR H5237-4​ HF5237 FOURTH ENGROSSMENT​ 193.1 placement of the Indian child for adoption on the record as described in section 260.765,​ 193.2 subdivision 3a; (3) fraud was not present, and the Indian child's parent was not under duress;​ 193.3 (4) the Indian child's parent was offered and declined services that would enable the Indian​ 193.4 child's parent to maintain custody of the Indian child; and (5) the Indian child's parent was​ 193.5 counseled on alternatives to adoption, and adoption contact agreements.​ 193.6 Subd. 3. Required findings that active efforts were provided. (a) Any party seeking​ 193.7 to affect a termination of parental rights, other permanency action, or a placement where​ 193.8 custody of an Indian child may be temporarily or permanently transferred to a person or​ 193.9 entity who is not the Indian child's parent or Indian custodian, and where the Indian child's​ 193.10 parent or Indian custodian cannot have the Indian child returned to their care upon demand,​ 193.11 must satisfy the court that active efforts have been made to provide remedial services and​ 193.12 rehabilitative programs designed to prevent the breakup of the Indian family and that these​ 193.13 efforts have proved unsuccessful.​ 193.14 (b) A court shall not order an out-of-home or permanency placement for an Indian child​ 193.15 unless the court finds that the child-placing agency made active efforts to, as required by​ 193.16 section 260.012 and this section, provide remedial services and rehabilitative programs​ 193.17 designed to prevent the breakup of the Indian child's family, and that these efforts have​ 193.18 proved unsuccessful. To the extent possible, active efforts must be provided in a manner​ 193.19 consistent with the prevailing social and cultural conditions of the Indian child's Tribe and​ 193.20 in partnership with the Indian child, Indian parents, extended family, and Tribe.​ 193.21 (c) Regardless of whether the Indian child's Tribe has intervened in the proceedings, the​ 193.22 court, in determining whether the child-placing agency made active efforts to preserve the​ 193.23 Indian child's family for purposes of out-of-home placement and permanency, shall ensure​ 193.24 the provision of active efforts designed to correct the conditions that led to the out-of-home​ 193.25 placement of the Indian child and shall make findings regarding whether the following​ 193.26 activities were appropriate and necessary, and whether the child-placing agency made​ 193.27 appropriate and meaningful services, whether listed in this paragraph or not, available to​ 193.28 the family based upon that family's specific needs:​ 193.29 (1) whether the child-placing agency made efforts at the earliest point possible to (i)​ 193.30 identify whether a child may be an Indian child as defined in section 260.755, subdivision​ 193.31 8; and (ii) identify and request participation of the Indian child's Tribe at the earliest point​ 193.32 possible and throughout the investigation or assessment, case planning, provision of services,​ 193.33 and case completion;​ 193​ Article 17 Sec. 19.​ REVISOR CR H5237-4​ HF5237 FOURTH ENGROSSMENT​ 194.1 (2) whether the child-placing agency requested that a Tribally designated representative​ 194.2 with substantial knowledge of prevailing social and cultural standards and child-rearing​ 194.3 practices within the Tribal community evaluate the circumstances of the Indian child's​ 194.4 family, provided the Tribally designated representative with all information available​ 194.5 regarding the case, and requested that the Tribally designated representative assist in​ 194.6 developing a case plan that uses Tribal and Indian community resources;​ 194.7 (3) whether the child-placing agency provided concrete services and access to both​ 194.8 Tribal and non-Tribal services to members of the Indian child's family, including but not​ 194.9 limited to financial assistance, food, housing, health care, transportation, in-home services,​ 194.10 community support services, and specialized services; and whether these services are being​ 194.11 provided in an ongoing manner throughout the agency's involvement with the family, to​ 194.12 directly assist the family in accessing and utilizing services to maintain the Indian family,​ 194.13 or reunify the Indian family as soon as safety can be assured if out-of-home placement has​ 194.14 occurred;​ 194.15 (4) whether the child-placing agency made early and ongoing efforts to identify, locate,​ 194.16 and include extended family members;​ 194.17 (5) whether the child-placing agency notified and consulted with the Indian child's​ 194.18 extended family members, as identified by the child, the child's parents, or the Tribe; whether​ 194.19 extended family members were consulted to provide support to the child and parents, to​ 194.20 inform the child-placing agency and court as to cultural connections and family structure,​ 194.21 to assist in identifying appropriate cultural services and supports for the child and parents,​ 194.22 and to identify and serve as a placement and permanency resource for the child; and if there​ 194.23 was difficulty contacting or engaging with extended family members, whether assistance​ 194.24 was sought from the Tribe, the Department of Human Services, or other agencies with​ 194.25 expertise in working with Indian families;​ 194.26 (6) whether the child-placing agency provided services and resources to relatives who​ 194.27 are considered the primary placement option for an Indian child, as agreed by the​ 194.28 child-placing agency and the Tribe, to overcome barriers to providing care to an Indian​ 194.29 child. Services and resources shall include but are not limited to child care assistance,​ 194.30 financial assistance, housing resources, emergency resources, and foster care licensing​ 194.31 assistance and resources; and​ 194.32 (7) whether the child-placing agency arranged for visitation to occur, whenever possible,​ 194.33 in the home of the Indian child's parent, Indian custodian, or other family member or in​ 194.34 another noninstitutional setting, in order to keep the child in close contact with parents,​ 194​ Article 17 Sec. 19.​ REVISOR CR H5237-4​ HF5237 FOURTH ENGROSSMENT​ 195.1 siblings, and other relatives regardless of the child's age and to allow the child and those​ 195.2 with whom the child visits to have natural, unsupervised interaction when consistent with​ 195.3 protecting the child's safety; and whether the child-placing agency consulted with a Tribal​ 195.4 representative to determine and arrange for visitation in the most natural setting that ensures​ 195.5 the child's safety, when the child's safety requires supervised visitation.​ 195.6 Sec. 20. Minnesota Statutes 2023 Supplement, section 260.763, subdivision 1, is amended​ 195.7 to read:​ 195.8 Subdivision 1. Indian Tribe jurisdiction. (a) An Indian Tribe has exclusive jurisdiction​ 195.9 over all child placement proceedings involving an Indian child who resides or is domiciled​ 195.10 within the reservation of the Tribe, except where jurisdiction is otherwise vested in the state​ 195.11 by existing federal law. The child-placing agencies and the courts shall defer to a Tribal​ 195.12 determination of the Tribe's exclusive jurisdiction when an Indian child resides or is​ 195.13 domiciled within the reservation of the Tribe.​ 195.14 (b) Where an Indian child is a ward of the Tribal court, the Indian Tribe retains exclusive​ 195.15 jurisdiction, notwithstanding the residence or domicile of the child unless the Tribe agrees​ 195.16 to allow concurrent jurisdiction with the state.​ 195.17 (c) An Indian Tribe and the state of Minnesota share concurrent jurisdiction over a child​ 195.18 placement proceeding involving an Indian child who resides or is domiciled outside of the​ 195.19 reservation of the Tribe, or if the Tribe agrees to concurrent jurisdiction.​ 195.20 Sec. 21. Minnesota Statutes 2023 Supplement, section 260.763, subdivision 4, is amended​ 195.21 to read:​ 195.22 Subd. 4. Transfer of proceedings. In any child placement proceeding, upon a motion​ 195.23 or request by the Indian child's parent, Indian custodian, or Tribe, the court, in the absence​ 195.24 of good cause to the contrary, shall transfer the proceeding to the jurisdiction of the Tribe​ 195.25 absent objection by either of the Indian child's parent or the Indian custodian. The petition​ 195.26 motion or request to transfer may be filed made by the Indian child's parent, the Indian​ 195.27 custodian, or the Indian child's Tribe at any stage in the proceedings by: (1) filing a written​ 195.28 motion with the court and serving the motion upon the other parties; or (2) making a request​ 195.29 on the record during the hearing, which shall be reflected in the court's findings. A request​ 195.30 or motion to transfer made by a Tribal representative of the Indian child's Tribe under this​ 195.31 subdivision shall not be considered the unauthorized practice of law. The transfer is subject​ 195.32 to declination by the Tribal court of the Tribe.​ 195​ Article 17 Sec. 21.​ REVISOR CR H5237-4​ HF5237 FOURTH ENGROSSMENT​ 196.1 Sec. 22. Minnesota Statutes 2023 Supplement, section 260.763, subdivision 5, is amended​ 196.2 to read:​ 196.3 Subd. 5. Good cause to deny transfer. (a) Establishing good cause to deny transfer of​ 196.4 jurisdiction to a Tribal court is a fact-specific inquiry to be determined on a case-by-case​ 196.5 basis. Socioeconomic conditions and the perceived adequacy of Tribal or Bureau of Indian​ 196.6 Affairs social services or judicial systems must not be considered in a determination that​ 196.7 good cause exists. The party opposed to transfer of jurisdiction to a Tribal court has the​ 196.8 burden to prove by clear and convincing evidence that good cause to deny transfer exists.​ 196.9 Opposition to a motion to transfer jurisdiction to Tribal court must be in writing and must​ 196.10 be served upon all parties.​ 196.11 (b) Upon a motion or request by an Indian child's parent, Indian custodian, or Tribe, the​ 196.12 court may find good cause to deny transfer to Tribal court if shall transfer jurisdiction to a​ 196.13 Tribal court unless the court determines that there is good cause to deny transfer based on​ 196.14 the following:​ 196.15 (1) the Indian child's Tribe does not have a Tribal court or any other administrative body​ 196.16 of a Tribe vested with authority over child placement proceedings, as defined in section​ 196.17 260.755, subdivision 3, to which the case can be transferred, and no other Tribal court has​ 196.18 been designated by the Indian child's Tribe; or​ 196.19 (2) the evidence necessary to decide the case could not be adequately presented in the​ 196.20 Tribal court without undue hardship to the parties or the witnesses and the Tribal court is​ 196.21 unable to mitigate the hardship by any means permitted in the Tribal court's rules. Without​ 196.22 evidence of undue hardship, travel distance alone is not a basis for denying a transfer.​ 196.23 Sec. 23. Minnesota Statutes 2023 Supplement, section 260.765, subdivision 2, is amended​ 196.24 to read:​ 196.25 Subd. 2. Notice. When an Indian child is voluntarily placed in foster care out of the care​ 196.26 of the Indian child's parent or Indian custodian, the child-placing agency involved in the​ 196.27 decision to place the Indian child shall give notice as described in section 260.761 of the​ 196.28 placement to the Indian child's parent, parents, Indian custodian, and the Tribal social​ 196.29 services agency within seven days of placement, excluding weekends and holidays.​ 196.30 If a child-placing agency makes a temporary voluntary foster care placement pending​ 196.31 a decision on adoption by a an Indian child's parent or Indian custodian, notice of the​ 196.32 placement shall be given to the Indian child's parents, Tribal social services agency, and​ 196​ Article 17 Sec. 23.​ REVISOR CR H5237-4​ HF5237 FOURTH ENGROSSMENT​ 197.1 the Indian custodian upon the filing of a petition for termination of parental rights or three​ 197.2 months following the temporary placement, whichever occurs first.​ 197.3 Sec. 24. Minnesota Statutes 2023 Supplement, section 260.765, subdivision 3a, is amended​ 197.4 to read:​ 197.5 Subd. 3a. Court requirements for consent. Where any parent or Indian custodian​ 197.6 voluntarily consents to a foster care child placement or to termination of parental rights or​ 197.7 adoption, the consent shall not be valid unless executed in writing and recorded before a​ 197.8 judge and accompanied by the presiding judge's finding that the terms and consequences​ 197.9 of the consent were fully explained in detail and were fully understood by the parent or​ 197.10 Indian custodian. The court shall also find that either the parent or Indian custodian fully​ 197.11 understood the explanation in English or that it was interpreted into a language the parent​ 197.12 or Indian custodian understood. Any consent given prior to, or within ten days after, the​ 197.13 birth of an Indian child shall not be valid.​ 197.14 Sec. 25. Minnesota Statutes 2023 Supplement, section 260.765, subdivision 4b, is amended​ 197.15 to read:​ 197.16 Subd. 4b. Collateral attack; vacation of decree and return of custody;​ 197.17 limitations. After the entry of a final decree of adoption of an Indian child in any state​ 197.18 court, the Indian child's parent may withdraw consent upon the grounds that consent was​ 197.19 obtained through fraud or duress and may petition the court to vacate the decree. Upon a​ 197.20 finding that consent was obtained through fraud or duress, the court shall vacate the decree​ 197.21 and return the Indian child to the Indian child's parent. No adoption that has been effective​ 197.22 for at least two years may be invalidated under the provisions of this subdivision unless​ 197.23 otherwise permitted under a provision of state law.​ 197.24 Sec. 26. Minnesota Statutes 2023 Supplement, section 260.771, subdivision 1a, is amended​ 197.25 to read:​ 197.26 Subd. 1a. Active efforts. In any child placement proceeding, the child-placing agency​ 197.27 or individual petitioner shall ensure that appropriate active efforts as described in section​ 197.28 260.762 are provided to the Indian child's parent or parents, Indian custodian, and family​ 197.29 to support reunification and preservation of the Indian child's placement with and relationship​ 197.30 to the Indian child's extended family.​ 197​ Article 17 Sec. 26.​ REVISOR CR H5237-4​ HF5237 FOURTH ENGROSSMENT​ 198.1 Sec. 27. Minnesota Statutes 2023 Supplement, section 260.771, subdivision 1b, is amended​ 198.2 to read:​ 198.3 Subd. 1b. Placement preference. In any child placement proceeding, the child-placing​ 198.4 agency or individual petitioner shall follow the placement preferences described in section​ 198.5 260.773 or, where preferred placement is not available even with the provision of active​ 198.6 efforts, shall follow section 260.773, subdivisions 12 to 15.​ 198.7 Sec. 28. Minnesota Statutes 2023 Supplement, section 260.771, subdivision 1c, is amended​ 198.8 to read:​ 198.9 Subd. 1c. Identification of extended family members. Any child-placing agency or​ 198.10 individual petitioner considering placement of an Indian child shall make ensure active​ 198.11 efforts are made to identify and locate siblings and extended family members and to explore​ 198.12 placement with an extended family member and facilitate continued involvement in the​ 198.13 Indian child's life members and ensure the Indian child's relationship with the Indian child's​ 198.14 extended family and Tribe.​ 198.15 Sec. 29. Minnesota Statutes 2023 Supplement, section 260.771, subdivision 2b, is amended​ 198.16 to read:​ 198.17 Subd. 2b. Appointment of counsel. (a) In any state court child placement proceeding,​ 198.18 including but not limited to any proceeding where the petitioner or another party seeks to​ 198.19 temporarily or permanently remove an Indian child from the Indian child's parent or parents​ 198.20 or Indian custodian, the Indian child's parent or parents or Indian custodian shall have the​ 198.21 right to be represented by an attorney. If the parent or parents or Indian custodian cannot​ 198.22 afford an attorney and meet the requirements of section 611.17, an attorney will be appointed​ 198.23 to represent them.​ 198.24 (b) In any state court child placement proceeding, any Indian child ten years of age or​ 198.25 older shall have the right to court-appointed counsel. The court may appoint counsel for​ 198.26 any Indian child under ten years of age in any state court child placement proceeding if the​ 198.27 court determines that appointment is appropriate and in the best interest of the Indian child.​ 198.28 (c) If the court appoints counsel to represent a person pursuant to this subdivision, the​ 198.29 court shall appoint counsel to represent the person prior to the first hearing on the petition,​ 198.30 but may appoint counsel at any stage of the proceeding if the court deems it necessary. The​ 198.31 court shall not appoint a public defender to represent the person unless such appointment​ 198.32 is authorized by section 611.14.​ 198​ Article 17 Sec. 29.​ REVISOR CR H5237-4​ HF5237 FOURTH ENGROSSMENT​ 199.1 Sec. 30. Minnesota Statutes 2023 Supplement, section 260.771, subdivision 2d, is amended​ 199.2 to read:​ 199.3 Subd. 2d. Tribal access to files and other documents. At any subsequent stage of the​ 199.4 child-placing agency or petitioner's involvement with an Indian child, the child-placing​ 199.5 agency or individual petitioner shall, upon request, give the Tribal social services agency​ 199.6 full cooperation including access to all files concerning the Indian child. If the files contain​ 199.7 confidential or private data, the child-placing agency or individual petitioner may require​ 199.8 execution of an agreement with the Tribal social services agency specifying that the Tribal​ 199.9 social services agency shall maintain the data according to statutory provisions applicable​ 199.10 to the data.​ 199.11 Sec. 31. Minnesota Statutes 2023 Supplement, section 260.771, is amended by adding a​ 199.12 subdivision to read:​ 199.13 Subd. 2e. Participation of Indian child's Tribe in court proceedings. (a) In any child​ 199.14 placement proceeding that involves an Indian child, any Tribe that the Indian child may be​ 199.15 eligible for membership in, as determined by the Tribe, is a party to the proceedings without​ 199.16 the need to file a motion.​ 199.17 (b) An Indian child's Tribe, Tribal representative, or attorney representing the Tribe:​ 199.18 (1) may appear remotely at hearings by telephone, video conference, or other electronic​ 199.19 medium without prior request;​ 199.20 (2) is not required to use the court's electronic filing and service system and may use​ 199.21 United States mail, facsimile, or other alternative method for filing and service;​ 199.22 (3) may file documents with the court using an alternative method that the clerk of court​ 199.23 shall accept and file electronically;​ 199.24 (4) is exempt from any filing fees required under section 357.021; and​ 199.25 (5) is exempt from the pro hac vice requirements of Rule 5 of the Minnesota General​ 199.26 Rules of Practice.​ 199.27 Sec. 32. Minnesota Statutes 2023 Supplement, section 260.771, subdivision 6, is amended​ 199.28 to read:​ 199.29 Subd. 6. Qualified expert witness and evidentiary requirements. (a) In an any​ 199.30 involuntary foster care placement proceeding, the court must determine by clear and​ 199.31 convincing evidence, including testimony of a qualified expert witness, that continued​ 199​ Article 17 Sec. 32.​ REVISOR CR H5237-4​ HF5237 FOURTH ENGROSSMENT​ 200.1 custody of the Indian child by the parent or Indian custodian is likely to result in serious​ 200.2 emotional damage or serious physical damage to the Indian child.​ 200.3 In a termination of parental rights proceeding, the court must determine by evidence​ 200.4 beyond a reasonable doubt, including testimony of a qualified expert witness, that continued​ 200.5 custody of the Indian child by the parent or Indian custodian is likely to result in serious​ 200.6 emotional damage or serious physical damage to the Indian child.​ 200.7 In an involuntary permanent transfer of legal and physical custody proceeding, permanent​ 200.8 custody to the agency proceeding, temporary custody to the agency, or other permanency​ 200.9 proceeding, the court must determine by clear and convincing evidence, including testimony​ 200.10 of a qualified expert witness, that the continued custody of the Indian child by the Indian​ 200.11 child's parent or parents or Indian custodian is likely to result in serious emotional damage​ 200.12 or serious physical damage to the Indian child. Qualified expert witness testimony is not​ 200.13 required where custody is transferred to the Indian child's parent.​ 200.14 Testimony of a qualified expert witness shall be provided for involuntary foster care​ 200.15 child placement and permanency proceedings independently.​ 200.16 (b) The child-placing agency, individual petitioner, or any other party shall make diligent​ 200.17 efforts to locate and present to the court a qualified expert witness designated by the Indian​ 200.18 child's Tribe. The qualifications of a qualified expert witness designated by the Indian child's​ 200.19 Tribe are not subject to a challenge in Indian child placement proceedings.​ 200.20 (c) If a party cannot obtain testimony from a Tribally designated qualified expert witness,​ 200.21 the party shall submit to the court the diligent efforts made to obtain a Tribally designated​ 200.22 qualified expert witness.​ 200.23 (d) If clear and convincing evidence establishes that a party's diligent efforts cannot​ 200.24 produce testimony from a Tribally designated qualified expert witness, the party shall​ 200.25 demonstrate to the court that a proposed qualified expert witness is, in descending order of​ 200.26 preference:​ 200.27 (1) a member of the Indian child's Tribe who is recognized by the Indian child's Tribal​ 200.28 community as knowledgeable in Tribal customs as they pertain to family organization and​ 200.29 child-rearing practices; or​ 200.30 (2) an Indian person from an Indian community who has substantial experience in the​ 200.31 delivery of child and family services to Indians and extensive knowledge of prevailing social​ 200.32 and cultural standards and contemporary and traditional child-rearing practices of the Indian​ 200.33 child's Tribe.​ 200​ Article 17 Sec. 32.​ REVISOR CR H5237-4​ HF5237 FOURTH ENGROSSMENT​ 201.1 If clear and convincing evidence establishes that diligent efforts have been made to obtain​ 201.2 a qualified expert witness who meets the criteria in clause (1) or (2), but those efforts have​ 201.3 not been successful, a party may use an expert witness, as defined by the Minnesota Rules​ 201.4 of Evidence, rule 702, who has substantial experience in providing services to Indian families​ 201.5 and who has substantial knowledge of prevailing social and cultural standards and​ 201.6 child-rearing practices within the Indian community. The court or any party may request​ 201.7 the assistance of the Indian child's Tribe or the Bureau of Indian Affairs agency serving the​ 201.8 Indian child's Tribe in locating persons qualified to serve as expert witnesses.​ 201.9 (e) The court may allow alternative methods of participation and testimony in state court​ 201.10 proceedings by a qualified expert witness, such as participation or testimony by telephone,​ 201.11 videoconferencing video conference, or other methods electronic medium.​ 201.12 Sec. 33. Minnesota Statutes 2023 Supplement, section 260.773, subdivision 1, is amended​ 201.13 to read:​ 201.14 Subdivision 1. Least restrictive setting. In all proceedings where custody of the Indian​ 201.15 child may be removed from the Indian child's parent or Indian custodian, the Indian child​ 201.16 shall be placed in the least restrictive setting which most approximates a family and in which​ 201.17 the Indian child's special needs, if any, may be met. The Indian child shall also be placed​ 201.18 within reasonable proximity to the Indian child's home, taking into account any special​ 201.19 needs of the Indian child.​ 201.20 Sec. 34. Minnesota Statutes 2023 Supplement, section 260.773, subdivision 2, is amended​ 201.21 to read:​ 201.22 Subd. 2. Tribe's order of placement recognized. In the case of a placement under​ 201.23 subdivision 3 or 4, if the Indian child's Tribe has established a different order of placement​ 201.24 preference by resolution, the child-placing agency or petitioner and the court shall recognize​ 201.25 the Indian child's Tribe's order of placement in the form provided by the Tribe.​ 201.26 Sec. 35. Minnesota Statutes 2023 Supplement, section 260.773, subdivision 3, is amended​ 201.27 to read:​ 201.28 Subd. 3. Placement options preferences for temporary proceedings. Preference shall​ 201.29 be given, in the absence of good cause to the contrary, to a placement with:​ 201.30 (1) a noncustodial parent or Indian custodian;​ 201.31 (2) a member of the Indian child's extended family;​ 201​ Article 17 Sec. 35.​ REVISOR CR H5237-4​ HF5237 FOURTH ENGROSSMENT​ 202.1 (3) a foster home licensed, approved, or specified by the Indian child's Tribe;​ 202.2 (4) an Indian foster home licensed or approved by an authorized non-Indian licensing​ 202.3 authority; or​ 202.4 (5) an institution for children approved by an Indian Tribe or operated by an Indian​ 202.5 organization which has a program suitable to meet the Indian child's needs.​ 202.6 Sec. 36. Minnesota Statutes 2023 Supplement, section 260.773, subdivision 4, is amended​ 202.7 to read:​ 202.8 Subd. 4. Placement preference preferences for permanent proceedings. In any​ 202.9 adoptive placement, transfer of custody placement, or other permanency placement of an​ 202.10 Indian child, a preference shall be given, in the absence of good cause to the contrary, to a​ 202.11 placement with:​ 202.12 (1) the Indian child's noncustodial parent or Indian custodian;​ 202.13 (2) a member of the Indian child's extended family;​ 202.14 (3) other members of the Indian child's Tribe; or​ 202.15 (4) other persons or entities recognized as appropriate to be a permanency resource for​ 202.16 the Indian child, by the Indian child's parent or parents, Indian custodian, or Indian Tribe.​ 202.17 Sec. 37. Minnesota Statutes 2023 Supplement, section 260.773, subdivision 5, is amended​ 202.18 to read:​ 202.19 Subd. 5. Suitability of placement. The county child-placing agency and petitioner shall​ 202.20 defer to the judgment of the Indian child's Tribe as to the suitability of a placement.​ 202.21 Sec. 38. Minnesota Statutes 2023 Supplement, section 260.773, subdivision 10, is amended​ 202.22 to read:​ 202.23 Subd. 10. Exceptions to placement preferences. The court shall follow the placement​ 202.24 preferences in subdivisions 1 to 9, except as follows:​ 202.25 (1) where a parent evidences a desire for anonymity, the child-placing agency or petitioner​ 202.26 and the court shall give weight to the parent's desire for anonymity in applying the​ 202.27 preferences. A parent's desire for anonymity does not excuse the application of sections​ 202.28 260.751 to 260.835; or​ 202.29 (2) where the court determines there is good cause based on:​ 202​ Article 17 Sec. 38.​ REVISOR CR H5237-4​ HF5237 FOURTH ENGROSSMENT​ 203.1 (i) the reasonable request of the Indian child's parents, if one or both parents attest that​ 203.2 they have reviewed the placement options that comply with the order of placement​ 203.3 preferences;​ 203.4 (ii) the reasonable request of the Indian child if the Indian child is able to understand​ 203.5 and comprehend the decision that is being made;​ 203.6 (iii) the testimony of a qualified expert designated by the Indian child's Tribe and, if​ 203.7 necessary, testimony from an expert witness who meets qualifications of section 260.771,​ 203.8 subdivision 6, paragraph (d), clause (2), that supports placement outside the order of​ 203.9 placement preferences due to extraordinary physical or emotional needs of the Indian child​ 203.10 that require highly specialized services; or​ 203.11 (iv) the testimony by the child-placing agency or petitioner that a diligent search has​ 203.12 been conducted that did not locate any available, suitable families for the Indian child that​ 203.13 meet the placement preference criteria.​ 203.14 Sec. 39. Minnesota Statutes 2023 Supplement, section 260.773, subdivision 11, is amended​ 203.15 to read:​ 203.16 Subd. 11. Factors considered in determining placement. Testimony of the Indian​ 203.17 child's bonding or attachment to a foster family alone, without the existence of at least one​ 203.18 of the factors in subdivision 10, clause (2), shall not be considered good cause to keep an​ 203.19 Indian child in a lower preference or nonpreference placement. Ease of visitation and​ 203.20 facilitation of relationship with the Indian child's parents, Indian custodian, extended family,​ 203.21 or Tribe may be considered when determining placement.​ 203.22 Sec. 40. Minnesota Statutes 2023 Supplement, section 260.774, subdivision 1, is amended​ 203.23 to read:​ 203.24 Subdivision 1. Improper removal. In any proceeding where custody of the Indian child​ 203.25 was improperly removed from the parent or parents Indian custodian or where the petitioner​ 203.26 has improperly retained custody after a visit or other temporary relinquishment of custody,​ 203.27 the court shall decline jurisdiction over the petition and shall immediately return the Indian​ 203.28 child to the Indian child's parent or parents or Indian custodian unless returning the Indian​ 203.29 child to the Indian child's parent or parents or Indian custodian would subject the Indian​ 203.30 child to a substantial and immediate danger or threat of such danger.​ 203​ Article 17 Sec. 40.​ REVISOR CR H5237-4​ HF5237 FOURTH ENGROSSMENT​ 204.1 Sec. 41. Minnesota Statutes 2023 Supplement, section 260.774, subdivision 2, is amended​ 204.2 to read:​ 204.3 Subd. 2. Invalidation. (a) Any order for out-of-home child placement, transfer of custody,​ 204.4 termination of parental rights, or other permanent change in custody of an Indian child shall​ 204.5 be invalidated upon a showing, by a preponderance of the evidence, that a violation of any​ 204.6 one of the provisions in section 260.761, 260.762, 260.763, 260.765, 260.771, 260.773, or​ 204.7 260.7745 has occurred.​ 204.8 (b) The Indian child, the Indian child's parent or parents, guardian, Indian custodian, or​ 204.9 Indian Tribe may file a petition or motion to invalidate under this subdivision.​ 204.10 (c) Upon a finding that a violation of one of the provisions in section 260.761, 260.762,​ 204.11 260.763, 260.765, 260.771, 260.773, or 260.7745 has occurred, the court shall:​ 204.12 (1) dismiss the petition without prejudice; and​ 204.13 (2) return the Indian child to the care, custody, and control of the parent or parents or​ 204.14 Indian custodian, unless the Indian child would be subjected to imminent physical damage​ 204.15 or harm.; and​ 204.16 (3) determine whether the Indian child's parent or Indian custodian has been assessed​ 204.17 placement costs and order reimbursement of those costs.​ 204.18 (d) Upon a finding that a willful, intentional, knowing, or reckless violation of one of​ 204.19 the provisions in section 260.761, 260.762, 260.763, 260.765, 260.771, 260.773, or 260.7745​ 204.20 has occurred, the court may consider whether sanctions, reasonable costs, and attorney fees​ 204.21 should be imposed against the offending party.​ 204.22 Sec. 42. Minnesota Statutes 2023 Supplement, section 260.774, subdivision 3, is amended​ 204.23 to read:​ 204.24 Subd. 3. Return of custody following adoption. (a) Whenever a final decree of adoption​ 204.25 of an Indian child has been vacated, set aside, or there is a termination of the parental rights​ 204.26 of the adoptive parents to the Indian child, a biological parent or prior Indian custodian may​ 204.27 petition for return of custody and the court shall grant the petition unless there is a showing,​ 204.28 in proceedings subject to the provision of sections 260.751 to 260.835, that the return of​ 204.29 custody is not in the best interests of the Indian child.​ 204.30 (b) The county attorney, Indian child, Indian child's Tribe, Indian custodian, or a an​ 204.31 Indian child's parent whose parental rights were terminated under a previous order of the​ 204.32 court may file a petition for the return of custody.​ 204​ Article 17 Sec. 42.​ REVISOR CR H5237-4​ HF5237 FOURTH ENGROSSMENT​ 205.1 (c) A petition for return of custody may be filed in court when:​ 205.2 (1) the parent or Indian custodian has corrected the conditions that led to an order​ 205.3 terminating parental rights;​ 205.4 (2) the parent or Indian custodian is willing and has the capability to provide day-to-day​ 205.5 care and maintain the health, safety, and welfare of the Indian child; and​ 205.6 (3) the adoption has been vacated, set aside, or termination of the parental rights of the​ 205.7 adoptive parents to the Indian child has occurred.​ 205.8 (d) A petition for reestablishment of the legal parent and child relationship for a an Indian​ 205.9 child who has not been adopted must meet the requirements in section 260C.329.​ 205.10 Sec. 43. Minnesota Statutes 2022, section 260.775, is amended to read:​ 205.11 260.775 PLACEMENT RECORDS.​ 205.12 (a) The commissioner of human services shall publish annually an inventory of all Indian​ 205.13 children in residential facilities. The inventory shall include, by county and statewide,​ 205.14 information on legal status, living arrangement, age, sex, Tribe in which the Indian child is​ 205.15 a member or eligible for membership, accumulated length of time in foster care, and other​ 205.16 demographic information deemed appropriate concerning all Indian children in residential​ 205.17 facilities. The report must also state the extent to which authorized child-placing agencies​ 205.18 comply with the order of preference described in United States Code, title 25, section 1901,​ 205.19 et seq. The commissioner shall include the information required under this paragraph in the​ 205.20 annual report on child maltreatment and on children in out-of-home placement under section​ 205.21 257.0725.​ 205.22 (b) This section expires January 1, 2032.​ 205.23 Sec. 44. Minnesota Statutes 2023 Supplement, section 260.781, subdivision 1, is amended​ 205.24 to read:​ 205.25 Subdivision 1. Court decree information. (a) A state court entering a final decree or​ 205.26 order in an Indian child adoptive placement shall provide the Department of Human Services​ 205.27 and the child's Tribal social services agency with a copy of the decree or order together with​ 205.28 such other information to show:​ 205.29 (1) the name and Tribal affiliation of the Indian child;​ 205.30 (2) the names and addresses of the biological parents and Indian custodian, if any;​ 205.31 (3) the names and addresses of the adoptive parents; and​ 205​ Article 17 Sec. 44.​ REVISOR CR H5237-4​ HF5237 FOURTH ENGROSSMENT​ 206.1 (4) the identity of any agency having files or information relating to the adoptive​ 206.2 placement.​ 206.3 If the court records contain an affidavit of the biological or adoptive parent or parents​ 206.4 or Indian custodian requesting anonymity, the court shall delete the name and address of​ 206.5 the biological or adoptive parents or Indian custodian from the information sent to the Indian​ 206.6 child's Tribal social services agency. The court shall include the affidavit with the other​ 206.7 information provided to the Minnesota Department of Human Services and the Secretary​ 206.8 of the Interior. The Minnesota Department of Human Services shall and the Secretary of​ 206.9 the Interior is requested to ensure that the confidentiality of the information is maintained​ 206.10 and the information shall not be subject to the Freedom of Information Act, United States​ 206.11 Code, title 5, section 552, as amended.​ 206.12 (b) For:​ 206.13 (1) disclosure of information for enrollment membership of an Indian child in the Tribe;​ 206.14 (2) determination of member rights or benefits; or​ 206.15 (3) certification of entitlement to membership upon the request of the adopted Indian​ 206.16 child over the age of eighteen, the adoptive or foster parents of an Indian child, or an Indian​ 206.17 Tribe,​ 206.18 the Secretary of the Interior is requested to disclose any other necessary information for the​ 206.19 membership of an Indian child in the Tribe in which the Indian child may be eligible for​ 206.20 membership or for determining any rights or benefits associated with that membership.​ 206.21 Where the documents relating to the Indian child contain an affidavit from the biological​ 206.22 parent or parents Indian custodian requesting anonymity, the Secretary of the Interior is​ 206.23 requested to certify to the Indian child's Tribe, where the information warrants, that the​ 206.24 Indian child's parentage and other circumstances of birth entitle the Indian child to​ 206.25 membership under the criteria established by the Tribe.​ 206.26 Sec. 45. Minnesota Statutes 2022, section 260.785, subdivision 1, is amended to read:​ 206.27 Subdivision 1. Primary support grants. The commissioner shall establish direct grants​ 206.28 to Indian Tribes, Indian organizations, and Tribal social services agency programs located​ 206.29 off-reservation that serve Indian children and their families to provide primary support for​ 206.30 Indian child welfare programs to implement the Minnesota Indian Family Preservation Act.​ 206​ Article 17 Sec. 45.​ REVISOR CR H5237-4​ HF5237 FOURTH ENGROSSMENT​ 207.1 Sec. 46. Minnesota Statutes 2022, section 260.785, subdivision 3, is amended to read:​ 207.2 Subd. 3. Compliance grants. The commissioner shall establish direct grants to an Indian​ 207.3 child welfare defense corporation, as defined in Minnesota Statutes 1996, section 611.216,​ 207.4 subdivision 1a, to promote statewide compliance with the Minnesota Indian Family​ 207.5 Preservation Act and the Indian Child Welfare Act, United States Code, title 25, section​ 207.6 1901, et seq. The commissioner shall give priority consideration to applicants with​ 207.7 demonstrated capability of providing legal advocacy services statewide.​ 207.8 Sec. 47. Minnesota Statutes 2023 Supplement, section 260.786, subdivision 2, is amended​ 207.9 to read:​ 207.10 Subd. 2. Purposes. Money must be used to address staffing for responding to notifications​ 207.11 under the federal Indian Child Welfare Act and the Minnesota Indian Family Preservation​ 207.12 Act, to the extent necessary, or to provide other child protection and child welfare services.​ 207.13 Money must not be used to supplant current Tribal expenditures for these purposes.​ 207.14 Sec. 48. Minnesota Statutes 2023 Supplement, section 260.795, subdivision 1, is amended​ 207.15 to read:​ 207.16 Subdivision 1. Types of services. (a) Eligible Indian child welfare services provided​ 207.17 under primary support grants include:​ 207.18 (1) placement prevention and reunification services;​ 207.19 (2) family-based services;​ 207.20 (3) individual and family counseling;​ 207.21 (4) access to professional individual, group, and family counseling;​ 207.22 (5) crisis intervention and crisis counseling;​ 207.23 (6) development of foster and adoptive placement resources, including recruitment,​ 207.24 licensing, and support;​ 207.25 (7) court advocacy;​ 207.26 (8) training and consultation to county and private social services agencies regarding​ 207.27 the federal Indian Child Welfare Act and the Minnesota Indian Family Preservation Act;​ 207.28 (9) advocacy in working with the county and private social services agencies, and​ 207.29 activities to help provide access to agency services, including but not limited to 24-hour​ 207.30 caretaker and homemaker services, day care, emergency shelter care up to 30 days in 12​ 207​ Article 17 Sec. 48.​ REVISOR CR H5237-4​ HF5237 FOURTH ENGROSSMENT​ 208.1 months, access to emergency financial assistance, and arrangements to provide temporary​ 208.2 respite care to a family for up to 72 hours consecutively or 30 days in 12 months;​ 208.3 (10) transportation services to the child and parents to prevent placement or reunite the​ 208.4 family; and​ 208.5 (11) other activities and services approved by the commissioner that further the goals​ 208.6 of the federal Indian Child Welfare Act and the Minnesota Indian Family Preservation Act,​ 208.7 including but not limited to recruitment of Indian staff for child-placing agencies and licensed​ 208.8 child-placing agencies. The commissioner may specify the priority of an activity and service​ 208.9 based on its success in furthering these goals.​ 208.10 (b) Eligible services provided under special focus grants include:​ 208.11 (1) permanency planning activities that meet the special needs of Indian families;​ 208.12 (2) teenage pregnancy;​ 208.13 (3) independent living skills;​ 208.14 (4) family and community involvement strategies to combat child abuse and chronic​ 208.15 neglect of children;​ 208.16 (5) coordinated child welfare and mental health services to Indian families;​ 208.17 (6) innovative approaches to assist Indian youth to establish better self-image, decrease​ 208.18 isolation, and decrease the suicide rate;​ 208.19 (7) expanding or improving services by packaging and disseminating information on​ 208.20 successful approaches or by implementing models in Indian communities relating to the​ 208.21 development or enhancement of social structures that increase family self-reliance and links​ 208.22 with existing community resources;​ 208.23 (8) family retrieval services to help adopted individuals reestablish legal affiliation with​ 208.24 the Indian Tribe; and​ 208.25 (9) other activities and services approved by the commissioner that further the goals of​ 208.26 the federal Indian Child Welfare Act and the Minnesota Indian Family Preservation Act.​ 208.27 The commissioner may specify the priority of an activity and service based on its success​ 208.28 in furthering these goals.​ 208.29 (c) The commissioner shall give preference to programs that use Indian staff, contract​ 208.30 with Indian organizations or Tribes, or whose application is a joint effort between the Indian​ 208.31 and non-Indian community to achieve the goals of the federal Indian Child Welfare Act​ 208​ Article 17 Sec. 48.​ REVISOR CR H5237-4​ HF5237 FOURTH ENGROSSMENT​ 209.1 and the Minnesota Indian Family Preservation Act. Programs must have input and support​ 209.2 from the Indian community.​ 209.3 Sec. 49. Minnesota Statutes 2022, section 260.810, subdivision 3, is amended to read:​ 209.4 Subd. 3. Final report. A final evaluation report must be submitted by each approved​ 209.5 program to the commissioner. It must include client outcomes, cost and effectiveness in​ 209.6 meeting the goals of the Minnesota Indian Family Preservation Act and permanency planning​ 209.7 goals. The commissioner must compile the final reports into one document and provide a​ 209.8 copy to each Tribe.​ 209.9 Sec. 50. Minnesota Statutes 2022, section 260C.007, subdivision 26b, is amended to read:​ 209.10 Subd. 26b. Relative of an Indian child. "Relative of an Indian child" means a person​ 209.11 who is a member of the Indian child's family as defined in the Indian Child Welfare Act of​ 209.12 1978, United States Code, title 25, section 1903, paragraphs (2), (6), and (9), and who is an​ 209.13 extended family member as defined in section 260.755, subdivision 5b, of the Minnesota​ 209.14 Indian Family Preservation Act.​ 209.15 Sec. 51. Minnesota Statutes 2022, section 260C.178, subdivision 1, as amended by Laws​ 209.16 2024, chapter 80, article 8, section 24, is amended to read:​ 209.17 Subdivision 1. Hearing and release requirements. (a) If a child was taken into custody​ 209.18 under section 260C.175, subdivision 1, clause (1) or (2), item (ii), the court shall hold a​ 209.19 hearing within 72 hours of the time that the child was taken into custody, excluding​ 209.20 Saturdays, Sundays, and holidays, to determine whether the child should continue to be in​ 209.21 custody.​ 209.22 (b) Unless there is reason to believe that the child would endanger self or others or not​ 209.23 return for a court hearing, or that the child's health or welfare would be immediately​ 209.24 endangered, the child shall be released to the custody of a parent, guardian, custodian, or​ 209.25 other suitable person, subject to reasonable conditions of release including, but not limited​ 209.26 to, a requirement that the child undergo a chemical use assessment as provided in section​ 209.27 260C.157, subdivision 1.​ 209.28 (c) If the court determines that there is reason to believe that the child would endanger​ 209.29 self or others or not return for a court hearing, or that the child's health or welfare would be​ 209.30 immediately endangered if returned to the care of the parent or guardian who has custody​ 209.31 and from whom the child was removed, the court shall order the child:​ 209​ Article 17 Sec. 51.​ REVISOR CR H5237-4​ HF5237 FOURTH ENGROSSMENT​ 210.1 (1) into the care of the child's noncustodial parent and order the noncustodial parent to​ 210.2 comply with any conditions that the court determines appropriate to ensure the safety and​ 210.3 care of the child, including requiring the noncustodial parent to cooperate with paternity​ 210.4 establishment proceedings if the noncustodial parent has not been adjudicated the child's​ 210.5 father; or​ 210.6 (2) into foster care as defined in section 260C.007, subdivision 18, under the legal​ 210.7 responsibility of the responsible social services agency or responsible probation or corrections​ 210.8 agency for the purposes of protective care as that term is used in the juvenile court rules.​ 210.9 The court shall not give the responsible social services legal custody and order a trial home​ 210.10 visit at any time prior to adjudication and disposition under section 260C.201, subdivision​ 210.11 1, paragraph (a), clause (3), but may order the child returned to the care of the parent or​ 210.12 guardian who has custody and from whom the child was removed and order the parent or​ 210.13 guardian to comply with any conditions the court determines to be appropriate to meet the​ 210.14 safety, health, and welfare of the child.​ 210.15 (d) In determining whether the child's health or welfare would be immediately​ 210.16 endangered, the court shall consider whether the child would reside with a perpetrator of​ 210.17 domestic child abuse.​ 210.18 (e) The court, before determining whether a child should be placed in or continue in​ 210.19 foster care under the protective care of the responsible agency, shall also make a​ 210.20 determination, consistent with section 260.012 as to whether reasonable efforts were made​ 210.21 to prevent placement or whether reasonable efforts to prevent placement are not required.​ 210.22 In the case of an Indian child, the court shall determine whether active efforts, according​ 210.23 to section 260.762 and the Indian Child Welfare Act of 1978, United States Code, title 25,​ 210.24 section 1912(d), were made to prevent placement. The court shall enter a finding that the​ 210.25 responsible social services agency has made reasonable efforts to prevent placement when​ 210.26 the agency establishes either:​ 210.27 (1) that the agency has actually provided services or made efforts in an attempt to prevent​ 210.28 the child's removal but that such services or efforts have not proven sufficient to permit the​ 210.29 child to safely remain in the home; or​ 210.30 (2) that there are no services or other efforts that could be made at the time of the hearing​ 210.31 that could safely permit the child to remain home or to return home. The court shall not​ 210.32 make a reasonable efforts determination under this clause unless the court is satisfied that​ 210.33 the agency has sufficiently demonstrated to the court that there were no services or other​ 210.34 efforts that the agency was able to provide at the time of the hearing enabling the child to​ 210​ Article 17 Sec. 51.​ REVISOR CR H5237-4​ HF5237 FOURTH ENGROSSMENT​ 211.1 safely remain home or to safely return home. When reasonable efforts to prevent placement​ 211.2 are required and there are services or other efforts that could be ordered that would permit​ 211.3 the child to safely return home, the court shall order the child returned to the care of the​ 211.4 parent or guardian and the services or efforts put in place to ensure the child's safety. When​ 211.5 the court makes a prima facie determination that one of the circumstances under paragraph​ 211.6 (g) exists, the court shall determine that reasonable efforts to prevent placement and to​ 211.7 return the child to the care of the parent or guardian are not required.​ 211.8 (f) If the court finds the social services agency's preventive or reunification efforts have​ 211.9 not been reasonable but further preventive or reunification efforts could not permit the child​ 211.10 to safely remain at home, the court may nevertheless authorize or continue the removal of​ 211.11 the child.​ 211.12 (g) The court may not order or continue the foster care placement of the child unless the​ 211.13 court makes explicit, individualized findings that continued custody of the child by the​ 211.14 parent or guardian would be contrary to the welfare of the child and that placement is in the​ 211.15 best interest of the child.​ 211.16 (h) At the emergency removal hearing, or at any time during the course of the proceeding,​ 211.17 and upon notice and request of the county attorney, the court shall determine whether a​ 211.18 petition has been filed stating a prima facie case that:​ 211.19 (1) the parent has subjected a child to egregious harm as defined in section 260C.007,​ 211.20 subdivision 14;​ 211.21 (2) the parental rights of the parent to another child have been involuntarily terminated;​ 211.22 (3) the child is an abandoned infant under section 260C.301, subdivision 2, paragraph​ 211.23 (a), clause (2);​ 211.24 (4) the parents' custodial rights to another child have been involuntarily transferred to a​ 211.25 relative under a juvenile protection proceeding or a similar process of another jurisdiction;​ 211.26 (5) the parent has committed sexual abuse as defined in section 260E.03, against the​ 211.27 child or another child of the parent;​ 211.28 (6) the parent has committed an offense that requires registration as a predatory offender​ 211.29 under section 243.166, subdivision 1b, paragraph (a) or (b); or​ 211.30 (7) the provision of services or further services for the purpose of reunification is futile​ 211.31 and therefore unreasonable.​ 211​ Article 17 Sec. 51.​ REVISOR CR H5237-4​ HF5237 FOURTH ENGROSSMENT​ 212.1 (i) When a petition to terminate parental rights is required under section 260C.301,​ 212.2 subdivision 4, or 260C.503, subdivision 2, but the county attorney has determined not to​ 212.3 proceed with a termination of parental rights petition, and has instead filed a petition to​ 212.4 transfer permanent legal and physical custody to a relative under section 260C.507, the​ 212.5 court shall schedule a permanency hearing within 30 days of the filing of the petition.​ 212.6 (j) If the county attorney has filed a petition under section 260C.307, the court shall​ 212.7 schedule a trial under section 260C.163 within 90 days of the filing of the petition except​ 212.8 when the county attorney determines that the criminal case shall proceed to trial first under​ 212.9 section 260C.503, subdivision 2, paragraph (c).​ 212.10 (k) If the court determines the child should be ordered into foster care and the child's​ 212.11 parent refuses to give information to the responsible social services agency regarding the​ 212.12 child's father or relatives of the child, the court may order the parent to disclose the names,​ 212.13 addresses, telephone numbers, and other identifying information to the responsible social​ 212.14 services agency for the purpose of complying with sections 260C.150, 260C.151, 260C.212,​ 212.15 260C.215, 260C.219, and 260C.221.​ 212.16 (l) If a child ordered into foster care has siblings, whether full, half, or step, who are​ 212.17 also ordered into foster care, the court shall inquire of the responsible social services agency​ 212.18 of the efforts to place the children together as required by section 260C.212, subdivision 2,​ 212.19 paragraph (d), if placement together is in each child's best interests, unless a child is in​ 212.20 placement for treatment or a child is placed with a previously noncustodial parent who is​ 212.21 not a parent to all siblings. If the children are not placed together at the time of the hearing,​ 212.22 the court shall inquire at each subsequent hearing of the agency's reasonable efforts to place​ 212.23 the siblings together, as required under section 260.012. If any sibling is not placed with​ 212.24 another sibling or siblings, the agency must develop a plan to facilitate visitation or ongoing​ 212.25 contact among the siblings as required under section 260C.212, subdivision 1, unless it is​ 212.26 contrary to the safety or well-being of any of the siblings to do so.​ 212.27 (m) When the court has ordered the child into the care of a noncustodial parent or in​ 212.28 foster care, the court may order a chemical dependency evaluation, mental health evaluation,​ 212.29 medical examination, and parenting assessment for the parent as necessary to support the​ 212.30 development of a plan for reunification required under subdivision 7 and section 260C.212,​ 212.31 subdivision 1, or the child protective services plan under section 260E.26, and Minnesota​ 212.32 Rules, part 9560.0228.​ 212​ Article 17 Sec. 51.​ REVISOR CR H5237-4​ HF5237 FOURTH ENGROSSMENT​ 213.1 (n) When the court has ordered an Indian child into an emergency child placement, the​ 213.2 Indian child shall be placed according to the placement preferences in the Minnesota Indian​ 213.3 Family Preservation Act, section 260.773.​ 213.4 Sec. 52. Minnesota Statutes 2022, section 260D.01, is amended to read:​ 213.5 260D.01 CHILD IN VOLUNTARY FOSTER CARE FOR TREATMENT.​ 213.6 (a) Sections 260D.01 to 260D.10, may be cited as the "child in voluntary foster care for​ 213.7 treatment" provisions of the Juvenile Court Act.​ 213.8 (b) The juvenile court has original and exclusive jurisdiction over a child in voluntary​ 213.9 foster care for treatment upon the filing of a report or petition required under this chapter.​ 213.10 All obligations of the responsible social services agency to a child and family in foster care​ 213.11 contained in chapter 260C not inconsistent with this chapter are also obligations of the​ 213.12 agency with regard to a child in foster care for treatment under this chapter.​ 213.13 (c) This chapter shall be construed consistently with the mission of the children's mental​ 213.14 health service system as set out in section 245.487, subdivision 3, and the duties of an agency​ 213.15 under sections 256B.092 and 260C.157 and Minnesota Rules, parts 9525.0004 to 9525.0016,​ 213.16 to meet the needs of a child with a developmental disability or related condition. This​ 213.17 chapter:​ 213.18 (1) establishes voluntary foster care through a voluntary foster care agreement as the​ 213.19 means for an agency and a parent to provide needed treatment when the child must be in​ 213.20 foster care to receive necessary treatment for an emotional disturbance or developmental​ 213.21 disability or related condition;​ 213.22 (2) establishes court review requirements for a child in voluntary foster care for treatment​ 213.23 due to emotional disturbance or developmental disability or a related condition;​ 213.24 (3) establishes the ongoing responsibility of the parent as legal custodian to visit the​ 213.25 child, to plan together with the agency for the child's treatment needs, to be available and​ 213.26 accessible to the agency to make treatment decisions, and to obtain necessary medical,​ 213.27 dental, and other care for the child;​ 213.28 (4) applies to voluntary foster care when the child's parent and the agency agree that the​ 213.29 child's treatment needs require foster care either:​ 213.30 (i) due to a level of care determination by the agency's screening team informed by the​ 213.31 child's diagnostic and functional assessment under section 245.4885; or​ 213​ Article 17 Sec. 52.​ REVISOR CR H5237-4​ HF5237 FOURTH ENGROSSMENT​ 214.1 (ii) due to a determination regarding the level of services needed by the child by the​ 214.2 responsible social services agency's screening team under section 256B.092, and Minnesota​ 214.3 Rules, parts 9525.0004 to 9525.0016; and​ 214.4 (5) includes the requirements for a child's placement in sections 260C.70 to 260C.714,​ 214.5 when the juvenile treatment screening team recommends placing a child in a qualified​ 214.6 residential treatment program, except as modified by this chapter.​ 214.7 (d) This chapter does not apply when there is a current determination under chapter​ 214.8 260E that the child requires child protective services or when the child is in foster care for​ 214.9 any reason other than treatment for the child's emotional disturbance or developmental​ 214.10 disability or related condition. When there is a determination under chapter 260E that the​ 214.11 child requires child protective services based on an assessment that there are safety and risk​ 214.12 issues for the child that have not been mitigated through the parent's engagement in services​ 214.13 or otherwise, or when the child is in foster care for any reason other than the child's emotional​ 214.14 disturbance or developmental disability or related condition, the provisions of chapter 260C​ 214.15 apply.​ 214.16 (e) The paramount consideration in all proceedings concerning a child in voluntary foster​ 214.17 care for treatment is the safety, health, and the best interests of the child. The purpose of​ 214.18 this chapter is:​ 214.19 (1) to ensure that a child with a disability is provided the services necessary to treat or​ 214.20 ameliorate the symptoms of the child's disability;​ 214.21 (2) to preserve and strengthen the child's family ties whenever possible and in the child's​ 214.22 best interests, approving the child's placement away from the child's parents only when the​ 214.23 child's need for care or treatment requires out-of-home placement and the child cannot be​ 214.24 maintained in the home of the parent; and​ 214.25 (3) to ensure that the child's parent retains legal custody of the child and associated​ 214.26 decision-making authority unless the child's parent willfully fails or is unable to make​ 214.27 decisions that meet the child's safety, health, and best interests. The court may not find that​ 214.28 the parent willfully fails or is unable to make decisions that meet the child's needs solely​ 214.29 because the parent disagrees with the agency's choice of foster care facility, unless the​ 214.30 agency files a petition under chapter 260C, and establishes by clear and convincing evidence​ 214.31 that the child is in need of protection or services.​ 214.32 (f) The legal parent-child relationship shall be supported under this chapter by maintaining​ 214.33 the parent's legal authority and responsibility for ongoing planning for the child and by the​ 214​ Article 17 Sec. 52.​ REVISOR CR H5237-4​ HF5237 FOURTH ENGROSSMENT​ 215.1 agency's assisting the parent, when necessary, to exercise the parent's ongoing right and​ 215.2 obligation to visit or to have reasonable contact with the child. Ongoing planning means:​ 215.3 (1) actively participating in the planning and provision of educational services, medical,​ 215.4 and dental care for the child;​ 215.5 (2) actively planning and participating with the agency and the foster care facility for​ 215.6 the child's treatment needs;​ 215.7 (3) planning to meet the child's need for safety, stability, and permanency, and the child's​ 215.8 need to stay connected to the child's family and community;​ 215.9 (4) engaging with the responsible social services agency to ensure that the family and​ 215.10 permanency team under section 260C.706 consists of appropriate family members. For​ 215.11 purposes of voluntary placement of a child in foster care for treatment under chapter 260D,​ 215.12 prior to forming the child's family and permanency team, the responsible social services​ 215.13 agency must consult with the child's parent or legal guardian, the child if the child is 14​ 215.14 years of age or older, and, if applicable, the child's Tribe to obtain recommendations regarding​ 215.15 which individuals to include on the team and to ensure that the team is family-centered and​ 215.16 will act in the child's best interests. If the child, child's parents, or legal guardians raise​ 215.17 concerns about specific relatives or professionals, the team should not include those​ 215.18 individuals unless the individual is a treating professional or an important connection to the​ 215.19 youth as outlined in the case or crisis plan; and​ 215.20 (5) for a voluntary placement under this chapter in a qualified residential treatment​ 215.21 program, as defined in section 260C.007, subdivision 26d, for purposes of engaging in a​ 215.22 relative search as provided in section 260C.221, the county agency must consult with the​ 215.23 child's parent or legal guardian, the child if the child is 14 years of age or older, and, if​ 215.24 applicable, the child's Tribe to obtain recommendations regarding which adult relatives the​ 215.25 county agency should notify. If the child, child's parents, or legal guardians raise concerns​ 215.26 about specific relatives, the county agency should not notify those relatives.​ 215.27 (g) The provisions of section 260.012 to ensure placement prevention, family​ 215.28 reunification, and all active and reasonable effort requirements of that section apply. This​ 215.29 chapter shall be construed consistently with the requirements of the Indian Child Welfare​ 215.30 Act of 1978, United States Code, title 25, section 1901, et al., and the provisions of the​ 215.31 Minnesota Indian Family Preservation Act, sections 260.751 to 260.835.​ 215​ Article 17 Sec. 52.​ REVISOR CR H5237-4​ HF5237 FOURTH ENGROSSMENT​ 216.1 Sec. 53. [260D.011] COMPLIANCE WITH FEDERAL INDIAN CHILD WELFARE​ 216.2 ACT AND MINNESOTA INDIAN FAMILY PRESERVATION ACT.​ 216.3 Proceedings under this chapter concerning an Indian child are child custody proceedings​ 216.4 governed by the Indian Child Welfare Act, United States Code, title 25, sections 1901 to​ 216.5 1963; by the Minnesota Indian Family Preservation Act, sections 260.751 to 260.835; and​ 216.6 by this chapter when not inconsistent with the federal Indian Child Welfare Act or the​ 216.7 Minnesota Indian Family Preservation Act.​ 216.8 Sec. 54. [260E.015] COMPLIANCE WITH FEDERAL INDIAN CHILD WELFARE​ 216.9 ACT AND MINNESOTA INDIAN FAMILY PRESERVATION ACT.​ 216.10 Proceedings under this chapter concerning an Indian child are child custody proceedings​ 216.11 governed by the Indian Child Welfare Act, United States Code, title 25, sections 1901 to​ 216.12 1963; by the Minnesota Indian Family Preservation Act, sections 260.751 to 260.835; and​ 216.13 by this chapter when not inconsistent with the federal Indian Child Welfare Act or the​ 216.14 Minnesota Indian Family Preservation Act.​ 216.15 Sec. 55. [524.5-2011] COMPLIANCE WITH FEDERAL INDIAN CHILD WELFARE​ 216.16 ACT AND MINNESOTA INDIAN FAMILY PRESERVATION ACT.​ 216.17 Proceedings under this chapter concerning an Indian child are child custody proceedings​ 216.18 governed by the Indian Child Welfare Act, United States Code, title 25, sections 1901 to​ 216.19 1963; by the Minnesota Indian Family Preservation Act, sections 260.751 to 260.835; and​ 216.20 by this chapter when not inconsistent with the federal Indian Child Welfare Act or the​ 216.21 Minnesota Indian Family Preservation Act.​ 216.22 Sec. 56. REPEALER.​ 216.23 Minnesota Statutes 2022, section 260.755, subdivision 13, is repealed.​ 216.24 ARTICLE 18​ 216.25 CHILDREN AND FAMILIES POLICY​ 216.26 Section 1. Minnesota Statutes 2023 Supplement, section 119B.011, subdivision 15, is​ 216.27 amended to read:​ 216.28 Subd. 15. Income. "Income" means earned income as defined under section 256P.01,​ 216.29 subdivision 3,; unearned income as defined under section 256P.01, subdivision 8,; income​ 216.30 under Minnesota Rules, part 3400.0170; and public assistance cash benefits, including the​ 216.31 Minnesota family investment program, work benefit, Minnesota supplemental aid, general​ 216​ Article 18 Section 1.​ REVISOR CR H5237-4​ HF5237 FOURTH ENGROSSMENT​ 217.1 assistance, refugee cash assistance, at-home infant child care subsidy payments, and child​ 217.2 support and maintenance distributed to the family under section 256.741, subdivision 2a.​ 217.3 The following are deducted from income: funds used to pay for health insurance​ 217.4 premiums for family members, and child or spousal support paid to or on behalf of a person​ 217.5 or persons who live outside of the household. Income sources not included in this subdivision​ 217.6 and; section 256P.06, subdivision 3,; and Minnesota Rules, part 3400.0170, are not counted​ 217.7 as income.​ 217.8 Sec. 2. Minnesota Statutes 2023 Supplement, section 119B.16, subdivision 1a, is amended​ 217.9 to read:​ 217.10 Subd. 1a. Fair hearing allowed for providers. (a) This subdivision applies to providers​ 217.11 caring for children receiving child care assistance.​ 217.12 (b) A provider may request a fair hearing according to sections 256.045 and 256.046​ 217.13 only if a county agency or the commissioner:​ 217.14 (1) denies or revokes a provider's authorization, unless the action entitles the provider​ 217.15 to:​ 217.16 (i) an administrative review under section 119B.161; or​ 217.17 (ii) a contested case hearing or an administrative reconsideration under section 245.095;​ 217.18 (2) assigns responsibility for an overpayment to a provider under section 119B.11,​ 217.19 subdivision 2a;​ 217.20 (3) establishes an overpayment for failure to comply with section 119B.125, subdivision​ 217.21 6;​ 217.22 (4) seeks monetary recovery or recoupment under section 245E.02, subdivision 4,​ 217.23 paragraph (c), clause (2);​ 217.24 (5) ends a provider's rate differential under section 119B.13, subdivision 3a or 3b;​ 217.25 (5) (6) initiates an administrative fraud disqualification hearing; or​ 217.26 (6) (7) issues a payment and the provider disagrees with the amount of the payment.​ 217.27 (c) A provider may request a fair hearing by submitting a written request to the​ 217.28 Department of Human Services, Appeals Division state agency. A provider's request must​ 217.29 be received by the Appeals Division state agency no later than 30 days after the date a​ 217.30 county or the commissioner mails sends the notice under subdivision 1c.​ 217.31 (d) The provider's appeal request must contain the following:​ 217​ Article 18 Sec. 2.​ REVISOR CR H5237-4​ HF5237 FOURTH ENGROSSMENT​ 218.1 (1) each disputed item, the reason for the dispute, and, if applicable, an estimate of the​ 218.2 dollar amount involved for each disputed item;​ 218.3 (2) the computation the provider believes to be correct, if applicable;​ 218.4 (3) the statute or rule relied on for each disputed item; and​ 218.5 (4) the name, address, and telephone number of the person at the provider's place of​ 218.6 business with whom contact may be made regarding the appeal.​ 218.7 EFFECTIVE DATE. This section is effective August 1, 2024.​ 218.8 Sec. 3. Minnesota Statutes 2023 Supplement, section 119B.16, subdivision 1c, is amended​ 218.9 to read:​ 218.10 Subd. 1c. Notice to providers. (a) Before taking an action appealable under subdivision​ 218.11 1a, paragraph (b), clauses (1) to (5), a county agency or the commissioner must mail send​ 218.12 written notice to the provider against whom the action is being taken. Unless otherwise​ 218.13 specified under this chapter, chapter 245E, or Minnesota Rules, chapter 3400, a county​ 218.14 agency or the commissioner must mail send the written notice at least 15 calendar days​ 218.15 before the adverse action's effective date. If the appealable action is a denial of an​ 218.16 authorization under subdivision 1a, paragraph (b), clause (1), the provider's notice is effective​ 218.17 on the date the notice is sent.​ 218.18 (b) The notice of adverse action in paragraph (a) shall state (1) the factual basis for the​ 218.19 county agency or department's determination, (2) the action the county agency or department​ 218.20 intends to take, (3) the dollar amount of the monetary recovery or recoupment, if known,​ 218.21 and (4) the provider's right to appeal the department's proposed action.​ 218.22 (c) Notice requirements for administrative fraud disqualifications under subdivision 1a,​ 218.23 paragraph (b), clause (6), are set forth in section 256.046, subdivision 3.​ 218.24 (d) A provider must receive notices that include:​ 218.25 (1) the right to appeal if a county issues a payment and the provider disagrees with the​ 218.26 amount of the payment under subdivision 1a, paragraph (b), clause (7), at the time of​ 218.27 authorization and reauthorization under section 119B.125, subdivision 1; and​ 218.28 (2) the amount of each payment when a payment is issued.​ 218.29 (e) A provider's request to appeal a payment amount must be received by the state agency​ 218.30 no later than 30 days after the date a county sends the notice informing the provider of its​ 218.31 payment amount.​ 218​ Article 18 Sec. 3.​ REVISOR CR H5237-4​ HF5237 FOURTH ENGROSSMENT​ 219.1 EFFECTIVE DATE. This section is effective August 1, 2024.​ 219.2 Sec. 4. Minnesota Statutes 2023 Supplement, section 119B.161, subdivision 2, is amended​ 219.3 to read:​ 219.4 Subd. 2. Notice. (a) The commissioner must mail send written notice to a provider within​ 219.5 five days of suspending payment or denying or revoking the provider's authorization under​ 219.6 subdivision 1.​ 219.7 (b) The notice must:​ 219.8 (1) state the provision under which the commissioner is denying, revoking, or suspending​ 219.9 the provider's authorization or suspending payment to the provider;​ 219.10 (2) set forth the general allegations leading to the denial, revocation, or suspension of​ 219.11 the provider's authorization. The notice need not disclose any specific information concerning​ 219.12 an ongoing investigation;​ 219.13 (3) state that the denial, revocation, or suspension of the provider's authorization is for​ 219.14 a temporary period and explain the circumstances under which the action expires; and​ 219.15 (4) inform the provider of the right to submit written evidence and argument for​ 219.16 consideration by the commissioner.​ 219.17 (c) Notwithstanding Minnesota Rules, part 3400.0185, if the commissioner suspends​ 219.18 payment to a provider under chapter 245E or denies or revokes a provider's authorization​ 219.19 under section 119B.13, subdivision 6, paragraph (d), clause (1) or (2), a county agency or​ 219.20 the commissioner must send notice of service authorization closure to each affected family.​ 219.21 The notice sent to an affected family is effective on the date the notice is created.​ 219.22 EFFECTIVE DATE. This section is effective August 1, 2024.​ 219.23 Sec. 5. Minnesota Statutes 2022, section 121A.15, subdivision 3, is amended to read:​ 219.24 Subd. 3. Exemptions from immunizations. (a) If a person is at least seven years old​ 219.25 and has not been immunized against pertussis, the person must not be required to be​ 219.26 immunized against pertussis.​ 219.27 (b) If a person is at least 18 years old and has not completed a series of immunizations​ 219.28 against poliomyelitis, the person must not be required to be immunized against poliomyelitis.​ 219.29 (c) If a statement, signed by a physician, is submitted to the administrator or other person​ 219.30 having general control and supervision of the school or child care facility stating that an​ 219.31 immunization is contraindicated for medical reasons or that laboratory confirmation of the​ 219​ Article 18 Sec. 5.​ REVISOR CR H5237-4​ HF5237 FOURTH ENGROSSMENT​ 220.1 presence of adequate immunity exists, the immunization specified in the statement need​ 220.2 not be required.​ 220.3 (d) If a notarized statement signed by the minor child's parent or guardian or by the​ 220.4 emancipated person is submitted to the administrator or other person having general control​ 220.5 and supervision of the school or child care facility stating that the person has not been​ 220.6 immunized as prescribed in subdivision 1 because of the conscientiously held beliefs of the​ 220.7 parent or guardian of the minor child or of the emancipated person, the immunizations​ 220.8 specified in the statement shall not be required. This statement must also be forwarded to​ 220.9 the commissioner of the Department of Health. This paragraph does not apply to a child​ 220.10 enrolling or enrolled in a child care center or family child care program that adopts a policy​ 220.11 under subdivision 3b.​ 220.12 (e) If the person is under 15 months, the person is not required to be immunized against​ 220.13 measles, rubella, or mumps.​ 220.14 (f) If a person is at least five years old and has not been immunized against haemophilus​ 220.15 influenzae type b, the person is not required to be immunized against haemophilus influenzae​ 220.16 type b.​ 220.17 (g) If a person who is not a Minnesota resident enrolls in a Minnesota school online​ 220.18 learning course or program that delivers instruction to the person only by computer and​ 220.19 does not provide any teacher or instructor contact time or require classroom attendance, the​ 220.20 person is not subject to the immunization, statement, and other requirements of this section.​ 220.21 Sec. 6. Minnesota Statutes 2022, section 121A.15, is amended by adding a subdivision to​ 220.22 read:​ 220.23 Subd. 3b. Child care programs. A child care center licensed under chapter 245A and​ 220.24 Minnesota Rules, chapter 9503, and a family child care provider licensed under chapter​ 220.25 245A and Minnesota Rules, chapter 9502, may adopt a policy prohibiting a child over two​ 220.26 months of age from enrolling or remaining enrolled in the child care center or family child​ 220.27 care program if the child:​ 220.28 (1) has not been immunized in accordance with subdivision 1 or 2 and in accordance​ 220.29 with Minnesota Rules, chapter 4604; and​ 220.30 (2) is not exempt from immunizations under subdivision 3, paragraph (a), (c), (e), or (f).​ 220​ Article 18 Sec. 6.​ REVISOR CR H5237-4​ HF5237 FOURTH ENGROSSMENT​ 221.1 Sec. 7. Minnesota Statutes 2023 Supplement, section 124D.142, subdivision 2, as amended​ 221.2 by Laws 2024, chapter 80, article 4, section 10, is amended to read:​ 221.3 Subd. 2. System components. (a) The standards-based voluntary quality rating and​ 221.4 improvement system includes:​ 221.5 (1) effective July 1, 2026, at least a one-star rating for all programs licensed under​ 221.6 Minnesota Rules, chapter 9502 or 9503, or Tribally licensed that do not opt out of the system​ 221.7 under paragraph (b) and that are not:​ 221.8 (i) the subject of a finding of fraud for which the program or individual is currently​ 221.9 serving a penalty or exclusion;​ 221.10 (ii) prohibited from receiving public funds under section 245.095, regardless of whether​ 221.11 the action is under appeal;​ 221.12 (iii) under revocation, suspension, temporary immediate suspension, or decertification,​ 221.13 or is operating under a conditional license, regardless of whether the action is under appeal;​ 221.14 or​ 221.15 (iv) the subject of suspended, denied, or terminated payments to a provider under section​ 221.16 119B.13, subdivision 6, paragraph (d), clause (1) or (2); 245E.02, subdivision 4, paragraph​ 221.17 (c), clause (4); or 256.98, subdivision 1, regardless of whether the action is under appeal;​ 221.18 (2) quality opportunities in order to improve the educational outcomes of children so​ 221.19 that they are ready for school;​ 221.20 (3) a framework based on the Minnesota quality rating system rating tool and a common​ 221.21 set of child outcome and program standards informed by evaluation results;​ 221.22 (4) a tool to increase the number of publicly funded and regulated early learning and​ 221.23 care services in both public and private market programs that are high quality;​ 221.24 (5) voluntary participation ensuring that if a program or provider chooses to participate,​ 221.25 the program or provider will be rated and may receive public funding associated with the​ 221.26 rating; and​ 221.27 (6) tracking progress toward statewide access to high-quality early learning and care​ 221.28 programs, progress toward the number of low-income children whose parents can access​ 221.29 quality programs, and progress toward increasing the number of children who are fully​ 221.30 prepared to enter kindergarten.​ 221.31 (b) By July 1, 2026, the commissioner of children, youth, and families shall establish a​ 221.32 process by which a program may opt out of the rating under paragraph (a), clause (1). The​ 221​ Article 18 Sec. 7.​ REVISOR CR H5237-4​ HF5237 FOURTH ENGROSSMENT​ 222.1 commissioner shall consult with Tribes to develop a process for rating Tribally licensed​ 222.2 programs that is consistent with the goal outlined in paragraph (a), clause (1).​ 222.3 EFFECTIVE DATE. This section is effective the day following final enactment.​ 222.4 Sec. 8. Minnesota Statutes 2023 Supplement, section 144.2252, subdivision 2, is amended​ 222.5 to read:​ 222.6 Subd. 2. Release of original birth record. (a) The state registrar must provide to an​ 222.7 adopted person who is 18 years of age or older or a person related to the adopted person a​ 222.8 copy of the adopted person's original birth record and any evidence of the adoption previously​ 222.9 filed with the state registrar. To receive a copy of an original birth record under this​ 222.10 subdivision, the adopted person or person related to the adopted person must make the​ 222.11 request to the state registrar in writing. The copy of the original birth record must clearly​ 222.12 indicate that it may not be used for identification purposes. All procedures, fees, and waiting​ 222.13 periods applicable to a nonadopted person's request for a copy of a birth record apply in the​ 222.14 same manner as requests made under this section.​ 222.15 (b) If a contact preference form is attached to the original birth record as authorized​ 222.16 under section 144.2253, the state registrar must provide a copy of the contact preference​ 222.17 form along with the copy of the adopted person's original birth record.​ 222.18 (c) The state registrar shall provide a transcript of an adopted person's original birth​ 222.19 record to an authorized representative of a federally recognized American Indian Tribe for​ 222.20 the sole purpose of determining the adopted person's eligibility for enrollment or membership.​ 222.21 Information contained in the birth record may not be used to provide the adopted person​ 222.22 information about the person's birth parents, except as provided in this section or section​ 222.23 259.83.​ 222.24 (d) For a replacement birth record issued under section 144.218, the adopted person or​ 222.25 a person related to the adopted person may obtain from the state registrar copies of the order​ 222.26 or decree of adoption, certificate of adoption, or decree issued under section 259.60, as filed​ 222.27 with the state registrar.​ 222.28 (e) The state registrar may request assistance from the commissioner of children, youth,​ 222.29 and families if needed to discharge duties under this section, as authorized under section​ 222.30 259.79.​ 222.31 EFFECTIVE DATE. This section is effective July 1, 2024.​ 222​ Article 18 Sec. 8.​ REVISOR CR H5237-4​ HF5237 FOURTH ENGROSSMENT​ 223.1 Sec. 9. Minnesota Statutes 2023 Supplement, section 144.2253, is amended to read:​ 223.2 144.2253 BIRTH PARENT CONTACT PREFERENCE FORM.​ 223.3 (a) The commissioner must make available to the public a contact preference form as​ 223.4 described in paragraph (b).​ 223.5 (b) The contact preference form must provide the following information to be completed​ 223.6 at the option of a birth parent:​ 223.7 (1) "I would like to be contacted."​ 223.8 (2) "I would prefer to be contacted only through an intermediary."​ 223.9 (3) "I prefer not to be contacted at this time. If I decide later that I would like to be​ 223.10 contacted, I will submit an updated contact preference form to the Minnesota Department​ 223.11 of Health."​ 223.12 (c) A contact preference form must include space where the birth parent may include​ 223.13 information that the birth parent feels is important for the adopted person to know.​ 223.14 (d) If a birth parent of an adopted person submits a completed contact preference form​ 223.15 to the commissioner, the commissioner must:​ 223.16 (1) match the contact preference form to the adopted person's original birth record. The​ 223.17 commissioner may request assistance from the commissioner of children, youth, and families​ 223.18 if needed to discharge duties under this clause, as authorized under section 259.79; and​ 223.19 (2) attach the contact preference form to the original birth record as required under​ 223.20 section 144.2252.​ 223.21 (e) A contact preference form submitted to the commissioner under this section is private​ 223.22 data on an individual as defined in section 13.02, subdivision 12, except that the contact​ 223.23 preference form may be released as provided under section 144.2252, subdivision 2.​ 223.24 EFFECTIVE DATE. This section is effective July 1, 2024.​ 223.25 Sec. 10. Minnesota Statutes 2022, section 243.166, subdivision 7, as amended by Laws​ 223.26 2024, chapter 79, article 9, section 5, is amended to read:​ 223.27 Subd. 7. Use of data. (a) Except as otherwise provided in subdivision 4b or 7a or sections​ 223.28 244.052 and 299C.093, the data provided under this section is private data on individuals​ 223.29 under section 13.02, subdivision 12.​ 223.30 (b) The data may be used only by law enforcement and corrections agencies for law​ 223.31 enforcement and corrections purposes. Law enforcement or a corrections agent may disclose​ 223​ Article 18 Sec. 10.​ REVISOR CR H5237-4​ HF5237 FOURTH ENGROSSMENT​ 224.1 the status of an individual as a predatory offender to a child protection worker with a local​ 224.2 welfare agency for purposes of doing a an investigation or family assessment under chapter​ 224.3 260E. A corrections agent may also disclose the status of an individual as a predatory​ 224.4 offender to comply with section 244.057.​ 224.5 (c) The commissioner of human services is authorized to have access to the data for​ 224.6 purposes of completing background studies under chapter 245C.​ 224.7 (d) The direct care and treatment executive board is authorized to have access to data​ 224.8 for any service, program, or facility owned or operated by the state of Minnesota and under​ 224.9 the programmatic direction and fiscal control of the executive board for purposes described​ 224.10 in section 246.13, subdivision 2, paragraph (b).​ 224.11 Sec. 11. Minnesota Statutes 2023 Supplement, section 245A.03, subdivision 7, as amended​ 224.12 by Laws 2024, chapter 85, section 53, and Laws 2024, chapter 80, article 2, section 37, is​ 224.13 amended to read:​ 224.14 Subd. 7. Licensing moratorium. (a) The commissioner shall not issue an initial license​ 224.15 for child foster care licensed under Minnesota Rules, parts 2960.3000 to 2960.3340, which​ 224.16 does not include child foster residence settings with residential program certifications for​ 224.17 compliance with the Family First Prevention Services Act under section 245A.25, subdivision​ 224.18 1, paragraph (a), or adult foster care licensed under Minnesota Rules, parts 9555.5105 to​ 224.19 9555.6265, under this chapter for a physical location that will not be the primary residence​ 224.20 of the license holder for the entire period of licensure. If a child foster residence setting that​ 224.21 was previously exempt from the licensing moratorium under this paragraph has its Family​ 224.22 First Prevention Services Act certification rescinded under section 245A.25, subdivision 9,​ 224.23 or if a family adult foster care home license is issued during this moratorium, and the license​ 224.24 holder changes the license holder's primary residence away from the physical location of​ 224.25 the foster care license, the commissioner shall revoke the license according to section​ 224.26 245A.07. The commissioner shall not issue an initial license for a community residential​ 224.27 setting licensed under chapter 245D. When approving an exception under this paragraph,​ 224.28 the commissioner shall consider the resource need determination process in paragraph (h),​ 224.29 the availability of foster care licensed beds in the geographic area in which the licensee​ 224.30 seeks to operate, the results of a person's choices during their annual assessment and service​ 224.31 plan review, and the recommendation of the local county board. The determination by the​ 224.32 commissioner is final and not subject to appeal. Exceptions to the moratorium include:​ 224.33 (1) a license for a person in a foster care setting that is not the primary residence of the​ 224.34 license holder and where at least 80 percent of the residents are 55 years of age or older;​ 224​ Article 18 Sec. 11.​ REVISOR CR H5237-4​ HF5237 FOURTH ENGROSSMENT​ 225.1 (2) foster care licenses replacing foster care licenses in existence on May 15, 2009, or​ 225.2 community residential setting licenses replacing adult foster care licenses in existence on​ 225.3 December 31, 2013, and determined to be needed by the commissioner under paragraph​ 225.4 (b);​ 225.5 (3) new foster care licenses or community residential setting licenses determined to be​ 225.6 needed by the commissioner under paragraph (b) for the closure of a nursing facility, ICF/DD,​ 225.7 or regional treatment center; restructuring of state-operated services that limits the capacity​ 225.8 of state-operated facilities; or allowing movement to the community for people who no​ 225.9 longer require the level of care provided in state-operated facilities as provided under section​ 225.10 256B.092, subdivision 13, or 256B.49, subdivision 24;​ 225.11 (4) new foster care licenses or community residential setting licenses determined to be​ 225.12 needed by the commissioner under paragraph (b) for persons requiring hospital-level care;​ 225.13 or​ 225.14 (5) new foster care licenses or community residential setting licenses for people receiving​ 225.15 customized living or 24-hour customized living services under the brain injury or community​ 225.16 access for disability inclusion waiver plans under section 256B.49 or elderly waiver plan​ 225.17 under chapter 256S and residing in the customized living setting for which a license is​ 225.18 required. A customized living service provider subject to this exception may rebut the​ 225.19 presumption that a license is required by seeking a reconsideration of the commissioner's​ 225.20 determination. The commissioner's disposition of a request for reconsideration is final and​ 225.21 not subject to appeal under chapter 14. The exception is available until December 31, 2023.​ 225.22 This exception is available when:​ 225.23 (i) the person's customized living services are provided in a customized living service​ 225.24 setting serving four or fewer people in a single-family home operational on or before June​ 225.25 30, 2021. Operational is defined in section 256B.49, subdivision 28;​ 225.26 (ii) the person's case manager provided the person with information about the choice of​ 225.27 service, service provider, and location of service, including in the person's home, to help​ 225.28 the person make an informed choice; and​ 225.29 (iii) the person's services provided in the licensed foster care or community residential​ 225.30 setting are less than or equal to the cost of the person's services delivered in the customized​ 225.31 living setting as determined by the lead agency.​ 225.32 (b) The commissioner shall determine the need for newly licensed foster care homes or​ 225.33 community residential settings as defined under this subdivision. As part of the determination,​ 225.34 the commissioner shall consider the availability of foster care capacity in the area in which​ 225​ Article 18 Sec. 11.​ REVISOR CR H5237-4​ HF5237 FOURTH ENGROSSMENT​ 226.1 the licensee seeks to operate, and the recommendation of the local county board. The​ 226.2 determination by the commissioner must be final. A determination of need is not required​ 226.3 for a change in ownership at the same address.​ 226.4 (c) When an adult resident served by the program moves out of a foster home that is not​ 226.5 the primary residence of the license holder according to section 256B.49, subdivision 15,​ 226.6 paragraph (f), or the adult community residential setting, the county shall immediately​ 226.7 inform the Department of Human Services Licensing Division. The department may decrease​ 226.8 the statewide licensed capacity for adult foster care settings.​ 226.9 (d) Residential settings that would otherwise be subject to the decreased license capacity​ 226.10 established in paragraph (c) shall must be exempt if the license holder's beds are occupied​ 226.11 by residents whose primary diagnosis is mental illness and the license holder is certified​ 226.12 under the requirements in subdivision 6a or section 245D.33.​ 226.13 (e) A resource need determination process, managed at the state level, using the available​ 226.14 data required by section 144A.351, and other data and information shall must be used to​ 226.15 determine where the reduced capacity determined under section 256B.493 will be​ 226.16 implemented. The commissioner shall consult with the stakeholders described in section​ 226.17 144A.351, and employ a variety of methods to improve the state's capacity to meet the​ 226.18 informed decisions of those people who want to move out of corporate foster care or​ 226.19 community residential settings, long-term service needs within budgetary limits, including​ 226.20 seeking proposals from service providers or lead agencies to change service type, capacity,​ 226.21 or location to improve services, increase the independence of residents, and better meet​ 226.22 needs identified by the long-term services and supports reports and statewide data and​ 226.23 information.​ 226.24 (f) At the time of application and reapplication for licensure, the applicant and the license​ 226.25 holder that are subject to the moratorium or an exclusion established in paragraph (a) are​ 226.26 required to inform the commissioner whether the physical location where the foster care​ 226.27 will be provided is or will be the primary residence of the license holder for the entire period​ 226.28 of licensure. If the primary residence of the applicant or license holder changes, the applicant​ 226.29 or license holder must notify the commissioner immediately. The commissioner shall print​ 226.30 on the foster care license certificate whether or not the physical location is the primary​ 226.31 residence of the license holder.​ 226.32 (g) License holders of foster care homes identified under paragraph (f) that are not the​ 226.33 primary residence of the license holder and that also provide services in the foster care home​ 226.34 that are covered by a federally approved home and community-based services waiver, as​ 226​ Article 18 Sec. 11.​ REVISOR CR H5237-4​ HF5237 FOURTH ENGROSSMENT​ 227.1 authorized under chapter 256S or section 256B.092 or 256B.49, must inform the human​ 227.2 services licensing division that the license holder provides or intends to provide these​ 227.3 waiver-funded services.​ 227.4 (h) The commissioner may adjust capacity to address needs identified in section​ 227.5 144A.351. Under this authority, the commissioner may approve new licensed settings or​ 227.6 delicense existing settings. Delicensing of settings will be accomplished through a process​ 227.7 identified in section 256B.493.​ 227.8 (i) The commissioner must notify a license holder when its corporate foster care or​ 227.9 community residential setting licensed beds are reduced under this section. The notice of​ 227.10 reduction of licensed beds must be in writing and delivered to the license holder by certified​ 227.11 mail or personal service. The notice must state why the licensed beds are reduced and must​ 227.12 inform the license holder of its right to request reconsideration by the commissioner. The​ 227.13 license holder's request for reconsideration must be in writing. If mailed, the request for​ 227.14 reconsideration must be postmarked and sent to the commissioner within 20 calendar days​ 227.15 after the license holder's receipt of the notice of reduction of licensed beds. If a request for​ 227.16 reconsideration is made by personal service, it must be received by the commissioner within​ 227.17 20 calendar days after the license holder's receipt of the notice of reduction of licensed beds.​ 227.18 (j) The commissioner shall not issue an initial license for children's residential treatment​ 227.19 services licensed under Minnesota Rules, parts 2960.0580 to 2960.0700, under this chapter​ 227.20 for a program that Centers for Medicare and Medicaid Services would consider an institution​ 227.21 for mental diseases. Facilities that serve only private pay clients are exempt from the​ 227.22 moratorium described in this paragraph. The commissioner has the authority to manage​ 227.23 existing statewide capacity for children's residential treatment services subject to the​ 227.24 moratorium under this paragraph and may issue an initial license for such facilities if the​ 227.25 initial license would not increase the statewide capacity for children's residential treatment​ 227.26 services subject to the moratorium under this paragraph.​ 227.27 Sec. 12. Minnesota Statutes 2023 Supplement, section 256.046, subdivision 3, is amended​ 227.28 to read:​ 227.29 Subd. 3. Administrative disqualification of child care providers caring for children​ 227.30 receiving child care assistance. (a) The department shall pursue an administrative​ 227.31 disqualification, if the child care provider is accused of committing an intentional program​ 227.32 violation, in lieu of a criminal action when it has not been pursued. Intentional program​ 227.33 violations include intentionally making false or misleading statements; intentionally​ 227.34 misrepresenting, concealing, or withholding facts; and repeatedly and intentionally violating​ 227​ Article 18 Sec. 12.​ REVISOR CR H5237-4​ HF5237 FOURTH ENGROSSMENT​ 228.1 program regulations under chapters 119B and 245E. Intent may be proven by demonstrating​ 228.2 a pattern of conduct that violates program rules under chapters 119B and 245E.​ 228.3 (b) To initiate an administrative disqualification, the commissioner must mail send​ 228.4 written notice by certified mail using a signature-verified confirmed delivery method to the​ 228.5 provider against whom the action is being taken. Unless otherwise specified under chapter​ 228.6 119B or 245E or Minnesota Rules, chapter 3400, the commissioner must mail send the​ 228.7 written notice at least 15 calendar days before the adverse action's effective date. The notice​ 228.8 shall state (1) the factual basis for the agency's determination, (2) the action the agency​ 228.9 intends to take, (3) the dollar amount of the monetary recovery or recoupment, if known,​ 228.10 and (4) the provider's right to appeal the agency's proposed action.​ 228.11 (c) The provider may appeal an administrative disqualification by submitting a written​ 228.12 request to the Department of Human Services, Appeals Division state agency. A provider's​ 228.13 request must be received by the Appeals Division state agency no later than 30 days after​ 228.14 the date the commissioner mails the notice.​ 228.15 (d) The provider's appeal request must contain the following:​ 228.16 (1) each disputed item, the reason for the dispute, and, if applicable, an estimate of the​ 228.17 dollar amount involved for each disputed item;​ 228.18 (2) the computation the provider believes to be correct, if applicable;​ 228.19 (3) the statute or rule relied on for each disputed item; and​ 228.20 (4) the name, address, and telephone number of the person at the provider's place of​ 228.21 business with whom contact may be made regarding the appeal.​ 228.22 (e) On appeal, the issuing agency bears the burden of proof to demonstrate by a​ 228.23 preponderance of the evidence that the provider committed an intentional program violation.​ 228.24 (f) The hearing is subject to the requirements of sections 256.045 and 256.0451. The​ 228.25 human services judge may combine a fair hearing and administrative disqualification hearing​ 228.26 into a single hearing if the factual issues arise out of the same or related circumstances and​ 228.27 the provider receives prior notice that the hearings will be combined.​ 228.28 (g) A provider found to have committed an intentional program violation and is​ 228.29 administratively disqualified shall must be disqualified, for a period of three years for the​ 228.30 first offense and permanently for any subsequent offense, from receiving any payments​ 228.31 from any child care program under chapter 119B.​ 228​ Article 18 Sec. 12.​ REVISOR CR H5237-4​ HF5237 FOURTH ENGROSSMENT​ 229.1 (h) Unless a timely and proper appeal made under this section is received by the​ 229.2 department, the administrative determination of the department is final and binding.​ 229.3 EFFECTIVE DATE. This section is effective August 1, 2024.​ 229.4 Sec. 13. Minnesota Statutes 2022, section 256J.08, subdivision 34a, is amended to read:​ 229.5 Subd. 34a. Family violence. (a) "Family violence" means the following, if committed​ 229.6 against a family or household member by a family or household member:​ 229.7 (1) physical harm, bodily injury, or assault;​ 229.8 (2) the infliction of fear of imminent physical harm, bodily injury, or assault; or​ 229.9 (3) terroristic threats, within the meaning of section 609.713, subdivision 1; criminal​ 229.10 sexual conduct, within the meaning of section 609.342, 609.343, 609.344, 609.345, or​ 229.11 609.3451; or interference with an emergency call within the meaning of section 609.78,​ 229.12 subdivision 2.​ 229.13 (b) For the purposes of family violence, "family or household member" means:​ 229.14 (1) spouses and former spouses;​ 229.15 (2) parents and children;​ 229.16 (3) persons related by blood;​ 229.17 (4) persons who are residing together or who have resided together in the past;​ 229.18 (5) persons who have a child in common regardless of whether they have been married​ 229.19 or have lived together at any time;​ 229.20 (6) a man and woman if the woman is pregnant and the man is alleged to be the father,​ 229.21 regardless of whether they have been married or have lived together at anytime; and​ 229.22 (7) persons involved in a current or past significant romantic or sexual relationship.​ 229.23 Sec. 14. Minnesota Statutes 2022, section 256J.28, subdivision 1, is amended to read:​ 229.24 Subdivision 1. Expedited issuance of the Supplemental Nutrition Assistance Program​ 229.25 (SNAP) benefits. The following households are entitled to expedited issuance of SNAP​ 229.26 benefits assistance:​ 229.27 (1) households with less than $150 in monthly gross income provided their liquid assets​ 229.28 do not exceed $100;​ 229​ Article 18 Sec. 14.​ REVISOR CR H5237-4​ HF5237 FOURTH ENGROSSMENT​ 230.1 (2) migrant or seasonal farm worker households who are destitute as defined in Code​ 230.2 of Federal Regulations, title 7, subtitle B, chapter 2, subchapter C, part 273, section 273.10,​ 230.3 paragraph (e)(3), provided their liquid assets do not exceed $100; and​ 230.4 (3) eligible households whose combined monthly gross income and liquid resources are​ 230.5 less than the household's monthly rent or mortgage and utilities.​ 230.6 For any month an individual receives expedited SNAP benefits, the individual is not​ 230.7 eligible for the MFIP food portion of assistance.​ 230.8 Sec. 15. Minnesota Statutes 2022, section 256N.22, subdivision 10, is amended to read:​ 230.9 Subd. 10. Assigning a successor relative custodian for a child's Northstar kinship​ 230.10 assistance. (a) In the event of the death or incapacity of the relative custodian, eligibility​ 230.11 for Northstar kinship assistance and title IV-E assistance, if applicable, is not affected if the​ 230.12 relative custodian is replaced by a successor named in the Northstar kinship assistance​ 230.13 benefit agreement. Northstar kinship assistance shall must be paid to a named successor​ 230.14 who is not the child's legal parent, biological parent or stepparent, or other adult living in​ 230.15 the home of the legal parent, biological parent, or stepparent.​ 230.16 (b) In order to receive Northstar kinship assistance, a named successor must:​ 230.17 (1) meet the background study requirements in subdivision 4;​ 230.18 (2) renegotiate the agreement consistent with section 256N.25, subdivision 2, including​ 230.19 cooperating with an assessment under section 256N.24;​ 230.20 (3) be ordered by the court to be the child's legal relative custodian in a modification​ 230.21 proceeding under section 260C.521, subdivision 2; and​ 230.22 (4) satisfy the requirements in this paragraph within one year of the relative custodian's​ 230.23 death or incapacity unless the commissioner certifies that the named successor made​ 230.24 reasonable attempts to satisfy the requirements within one year and failure to satisfy the​ 230.25 requirements was not the responsibility of the named successor.​ 230.26 (c) Payment of Northstar kinship assistance to the successor guardian may be temporarily​ 230.27 approved through the policies, procedures, requirements, and deadlines under section​ 230.28 256N.28, subdivision 2. Ongoing payment shall begin in the month when all the requirements​ 230.29 in paragraph (b) are satisfied.​ 230.30 (d) Continued payment of Northstar kinship assistance may occur in the event of the​ 230.31 death or incapacity of the relative custodian when:​ 230​ Article 18 Sec. 15.​ REVISOR CR H5237-4​ HF5237 FOURTH ENGROSSMENT​ 231.1 (1) no successor has been named in the benefit agreement when or a named successor​ 231.2 is not able or willing to accept custody or guardianship of the child; and​ 231.3 (2) the commissioner gives written consent to an individual who is a guardian or custodian​ 231.4 appointed by a court for the child upon the death of both relative custodians in the case of​ 231.5 assignment of custody to two individuals, or the sole relative custodian in the case of​ 231.6 assignment of custody to one individual, unless the child is under the custody of a county,​ 231.7 tribal, or child-placing agency.​ 231.8 (e) Temporary assignment of Northstar kinship assistance may be approved for a​ 231.9 maximum of six consecutive months from the death or incapacity of the relative custodian​ 231.10 or custodians as provided in paragraph (a) and must adhere to the policies, procedures,​ 231.11 requirements, and deadlines under section 256N.28, subdivision 2, that are prescribed by​ 231.12 the commissioner. If a court has not appointed a permanent legal guardian or custodian​ 231.13 within six months, the Northstar kinship assistance must terminate and must not be resumed.​ 231.14 (f) Upon assignment of assistance payments under paragraphs (d) and (e), assistance​ 231.15 must be provided from funds other than title IV-E.​ 231.16 Sec. 16. Minnesota Statutes 2022, section 256N.24, subdivision 10, is amended to read:​ 231.17 Subd. 10. Caregiver requests for reassessments. (a) A caregiver may initiate a​ 231.18 reassessment request for an eligible child in writing to the financially responsible agency​ 231.19 or, if there is no financially responsible agency, the agency designated by the commissioner.​ 231.20 The written request must include the reason for the request and the name, address, and​ 231.21 contact information of the caregivers. The caregiver may request a reassessment if at least​ 231.22 six months have elapsed since any previous assessment or reassessment. For an eligible​ 231.23 foster child, a foster parent may request reassessment in less than six months with written​ 231.24 documentation that there have been significant changes in the child's needs that necessitate​ 231.25 an earlier reassessment.​ 231.26 (b) A caregiver may request a reassessment of an at-risk child for whom an adoption​ 231.27 assistance agreement has been executed if the caregiver has satisfied the commissioner with​ 231.28 written documentation from a qualified expert that the potential disability upon which​ 231.29 eligibility for the agreement was based has manifested itself, consistent with section 256N.25,​ 231.30 subdivision 3, paragraph (b).​ 231.31 (c) If the reassessment cannot be completed within 30 days of the caregiver's request,​ 231.32 the agency responsible for reassessment must notify the caregiver of the reason for the delay​ 231.33 and a reasonable estimate of when the reassessment can be completed.​ 231​ Article 18 Sec. 16.​ REVISOR CR H5237-4​ HF5237 FOURTH ENGROSSMENT​ 232.1 (d) Notwithstanding any provision to the contrary in paragraph (a) or subdivision 9,​ 232.2 when a Northstar kinship assistance agreement or adoption assistance agreement under​ 232.3 section 256N.25 has been signed by all parties, no reassessment may be requested or​ 232.4 conducted until the court finalizes the transfer of permanent legal and physical custody or​ 232.5 finalizes the adoption, or the assistance agreement expires according to section 256N.25,​ 232.6 subdivision 1.​ 232.7 Sec. 17. Minnesota Statutes 2022, section 256N.26, subdivision 15, is amended to read:​ 232.8 Subd. 15. Payments. (a) Payments to caregivers or youth under Northstar Care for​ 232.9 Children must be made monthly. Consistent with section 256N.24, subdivision 13, the​ 232.10 financially responsible agency must send the caregiver or youth the required written notice​ 232.11 within 15 days of a completed assessment or reassessment.​ 232.12 (b) Unless paragraph (c) or, (d), or (e) applies, the financially responsible agency shall​ 232.13 pay foster parents directly for eligible children in foster care.​ 232.14 (c) When the legally responsible agency is different than the financially responsible​ 232.15 agency, the legally responsible agency may make the payments to the caregiver or youth,​ 232.16 provided payments are made on a timely basis. The financially responsible agency must​ 232.17 pay the legally responsible agency on a timely basis. Caregivers must have access to the​ 232.18 financially and legally responsible agencies' records of the transaction, consistent with the​ 232.19 retention schedule for the payments.​ 232.20 (d) For eligible children in foster care, the financially responsible agency may pay the​ 232.21 foster parent's payment for a licensed child-placing agency instead of paying the foster​ 232.22 parents directly. The licensed child-placing agency must timely pay the foster parents and​ 232.23 maintain records of the transaction. Caregivers must have access to the financially responsible​ 232.24 agency's records of the transaction and the child-placing agency's records of the transaction,​ 232.25 consistent with the retention schedule for the payments.​ 232.26 (e) If a foster youth aged 18 to 21 years old is placed in an unlicensed supervised​ 232.27 independent living setting, payments must be made directly to the youth or to a vendor if​ 232.28 the legally responsible agency determines it to be in the youth's best interests. If the legally​ 232.29 responsible agency has reason to believe that the youth is being financially exploited or at​ 232.30 risk of being financially exploited in the approved unlicensed supervised independent living​ 232.31 setting, the legally responsible agency shall advise the financially responsible agency to​ 232.32 make the payments to a vendor.​ 232​ Article 18 Sec. 17.​ REVISOR CR H5237-4​ HF5237 FOURTH ENGROSSMENT​ 233.1 Sec. 18. Minnesota Statutes 2022, section 256N.26, subdivision 16, is amended to read:​ 233.2 Subd. 16. Effect of benefit on other aid. Payments received under this section must​ 233.3 not be considered as income for child care assistance under chapter 119B or any other​ 233.4 financial benefit. Consistent with section 256J.24, a child or youth receiving a maintenance​ 233.5 payment under Northstar Care for Children is excluded from any Minnesota family​ 233.6 investment program assistance unit.​ 233.7 Sec. 19. Minnesota Statutes 2022, section 256N.26, subdivision 18, is amended to read:​ 233.8 Subd. 18. Overpayments. The commissioner has the authority to collect any amount​ 233.9 of foster care payment, adoption assistance, or Northstar kinship assistance paid to a caregiver​ 233.10 or youth in excess of the payment due. Payments covered by this subdivision include basic​ 233.11 maintenance needs payments, supplemental difficulty of care payments, and reimbursement​ 233.12 of home and vehicle modifications under subdivision 10. Prior to any collection, the​ 233.13 commissioner or the commissioner's designee shall notify the caregiver or youth in writing,​ 233.14 including:​ 233.15 (1) the amount of the overpayment and an explanation of the cause of overpayment;​ 233.16 (2) clarification of the corrected amount;​ 233.17 (3) a statement of the legal authority for the decision;​ 233.18 (4) information about how the caregiver can correct the overpayment;​ 233.19 (5) if repayment is required, when the payment is due and a person to contact to review​ 233.20 a repayment plan;​ 233.21 (6) a statement that the caregiver or youth has a right to a fair hearing review by the​ 233.22 department; and​ 233.23 (7) the procedure for seeking a fair hearing review by the department.​ 233.24 Sec. 20. Minnesota Statutes 2022, section 256N.26, subdivision 21, is amended to read:​ 233.25 Subd. 21. Correct and true information. The caregiver or youth must be investigated​ 233.26 for fraud if the caregiver or youth reports information the caregiver or youth knows is untrue,​ 233.27 the caregiver or youth fails to notify the commissioner of changes that may affect eligibility,​ 233.28 or the agency administering the program receives relevant information that the caregiver​ 233.29 or youth did not report.​ 233​ Article 18 Sec. 20.​ REVISOR CR H5237-4​ HF5237 FOURTH ENGROSSMENT​ 234.1 Sec. 21. Minnesota Statutes 2022, section 256N.26, subdivision 22, is amended to read:​ 234.2 Subd. 22. Termination notice for caregiver or youth. The agency that issues the​ 234.3 maintenance payment shall provide the child's caregiver or the youth with written notice of​ 234.4 termination of payment. Termination notices must be sent at least 15 days before the final​ 234.5 payment or, in the case of an unplanned termination, the notice is sent within three days of​ 234.6 the end of the payment. The written notice must minimally include the following:​ 234.7 (1) the date payment will end;​ 234.8 (2) the reason payments will end and the event that is the basis to terminate payment;​ 234.9 (3) a statement that the provider caregiver or youth has a right to a fair hearing review​ 234.10 by the department consistent with section 256.045, subdivision 3;​ 234.11 (4) the procedure to request a fair hearing; and​ 234.12 (5) the name, telephone number, and email address of a contact person at the agency.​ 234.13 Sec. 22. Minnesota Statutes 2022, section 256P.05, is amended by adding a subdivision​ 234.14 to read:​ 234.15 Subd. 4. Rental income. Rental income is subject to the requirements of this section.​ 234.16 Sec. 23. Minnesota Statutes 2023 Supplement, section 256P.06, subdivision 3, is amended​ 234.17 to read:​ 234.18 Subd. 3. Income inclusions. The following must be included in determining the income​ 234.19 of an assistance unit:​ 234.20 (1) earned income; and​ 234.21 (2) unearned income, which includes:​ 234.22 (i) interest and dividends from investments and savings;​ 234.23 (ii) capital gains as defined by the Internal Revenue Service from any sale of real property;​ 234.24 (iii) proceeds from rent and contract for deed payments in excess of the principal and​ 234.25 interest portion owed on property;​ 234.26 (iv) income from trusts, excluding special needs and supplemental needs trusts;​ 234.27 (v) interest income from loans made by the participant or household;​ 234.28 (vi) cash prizes and winnings;​ 234​ Article 18 Sec. 23.​ REVISOR CR H5237-4​ HF5237 FOURTH ENGROSSMENT​ 235.1 (vii) unemployment insurance income that is received by an adult member of the​ 235.2 assistance unit unless the individual receiving unemployment insurance income is:​ 235.3 (A) 18 years of age and enrolled in a secondary school; or​ 235.4 (B) 18 or 19 years of age, a caregiver, and is enrolled in school at least half-time;​ 235.5 (viii) for the purposes of programs under chapters 256D and 256I, retirement, survivors,​ 235.6 and disability insurance payments;​ 235.7 (ix) retirement benefits;​ 235.8 (x) cash assistance benefits, as defined by each program in chapters 119B, 256D, 256I,​ 235.9 and 256J;​ 235.10 (xi) income from members of the United States armed forces unless excluded from​ 235.11 income taxes according to federal or state law;​ 235.12 (xii) for the purposes of programs under chapters 119B, 256D, and 256I, all child support​ 235.13 payments;​ 235.14 (xiii) for the purposes of programs under chapter 256J, the amount of child support​ 235.15 received that exceeds $100 for assistance units with one child and $200 for assistance units​ 235.16 with two or more children;​ 235.17 (xiv) spousal support;​ 235.18 (xv) workers' compensation; and​ 235.19 (xvi) for the purposes of programs under chapters 119B and 256J, the amount of​ 235.20 retirement, survivors, and disability insurance payments that exceeds the applicable monthly​ 235.21 federal maximum Supplemental Security Income payments.​ 235.22 Sec. 24. Minnesota Statutes 2022, section 259.37, subdivision 2, is amended to read:​ 235.23 Subd. 2. Disclosure to birth parents and adoptive parents. An agency shall provide​ 235.24 a disclosure statement written in clear, plain language to be signed by the prospective​ 235.25 adoptive parents and birth parents, except that in intercountry adoptions, the signatures of​ 235.26 birth parents are not required. The disclosure statement must contain the following​ 235.27 information:​ 235.28 (1) fees charged to the adoptive parent, including any policy on sliding scale fees or fee​ 235.29 waivers and an itemization of the amount that will be charged for the adoption study,​ 235.30 counseling, postplacement services, family of origin searches, birth parent expenses​ 235.31 authorized under section 259.55, or any other services;​ 235​ Article 18 Sec. 24.​ REVISOR CR H5237-4​ HF5237 FOURTH ENGROSSMENT​ 236.1 (2) timeline for the adoptive parent to make fee payments;​ 236.2 (3) likelihood, given the circumstances of the prospective adoptive parent and any specific​ 236.3 program to which the prospective adoptive parent is applying, that an adoptive placement​ 236.4 may be made and the estimated length of time for making an adoptive placement. These​ 236.5 estimates must be based on adoptive placements made with prospective parents in similar​ 236.6 circumstances applying to a similar program with the agency during the immediately​ 236.7 preceding three to five years. If an agency has not been in operation for at least three years,​ 236.8 it must provide summary data based on whatever adoptive placements it has made and may​ 236.9 include a statement about the kind of efforts it will make to achieve an adoptive placement,​ 236.10 including a timetable it will follow in seeking a child. The estimates must include a statement​ 236.11 that the agency cannot guarantee placement of a child or a time by which a child will be​ 236.12 placed;​ 236.13 (4) a statement of the services the agency will provide the birth and adoptive parents;​ 236.14 (5) a statement prepared by the commissioner under section 259.39 that explains the​ 236.15 child placement and adoption process and the respective legal rights and responsibilities of​ 236.16 the birth parent and prospective adoptive parent during the process including a statement​ 236.17 that the prospective adoptive parent is responsible for filing an adoption petition not later​ 236.18 than 12 months after the child is placed in the prospective adoptive home;​ 236.19 (6) a statement regarding any information the agency may have about attorney referral​ 236.20 services, or about obtaining assistance with completing legal requirements for an adoption;​ 236.21 and​ 236.22 (7) a statement regarding the right of an adopted person to request and obtain a copy of​ 236.23 the adopted person's original birth record at the age and circumstances specified in section​ 236.24 144.2253 and the right of the birth parent named on the adopted person's original birth​ 236.25 record to file a contact preference form with the state registrar pursuant to section 144.2253;​ 236.26 and​ 236.27 (7) (8) an acknowledgment to be signed by the birth parent and prospective adoptive​ 236.28 parent that they have received, read, and had the opportunity to ask questions of the agency​ 236.29 about the contents of the disclosure statement.​ 236.30 EFFECTIVE DATE. This section is effective July 1, 2024.​ 236​ Article 18 Sec. 24.​ REVISOR CR H5237-4​ HF5237 FOURTH ENGROSSMENT​ 237.1 Sec. 25. Minnesota Statutes 2022, section 259.53, is amended by adding a subdivision to​ 237.2 read:​ 237.3 Subd. 7. Supportive parenting services for parents with disabilities. (a) A court or​ 237.4 agency shall not deny a prospective parent the ability to proceed with an adoption due to​ 237.5 the prospective parent's disability. A person who raises a prospective parent's disability as​ 237.6 a basis for denying an adoption has the burden to prove by clear and convincing evidence​ 237.7 that specific behaviors of the prospective parent would endanger the health or safety of the​ 237.8 child. If the person meets the burden, the prospective parent with a disability shall have the​ 237.9 opportunity to demonstrate how implementing supportive services would alleviate any​ 237.10 concerns.​ 237.11 (b) The court may require the agency that conducted the postplacement assessment and​ 237.12 filed the report with the court under subdivision 2 to provide the opportunity to use supportive​ 237.13 parenting services to a prospective parent, conduct a new postplacement assessment that is​ 237.14 inclusive of the prospective parent's use of supportive parenting services, and file a revised​ 237.15 report with the court under subdivision 2. This paragraph does not confer additional​ 237.16 responsibility to the agency to provide supportive parenting services directly to the​ 237.17 prospective parent. Within a reasonable period of time, the prospective parent has the right​ 237.18 to a court hearing to review the need for continuing services.​ 237.19 (c) If a court denies or limits the ability of a prospective parent with a disability to adopt​ 237.20 a child, the court shall make specific written findings stating the basis for the determination​ 237.21 and why providing supportive parenting services is not a reasonable accommodation that​ 237.22 could prevent the denial or limitation.​ 237.23 (d) For purposes of this subdivision, "disability" and "supportive parenting services"​ 237.24 have the meanings given in section 260C.141, subdivision 1a.​ 237.25 EFFECTIVE DATE. This section is effective August 1, 2024, and applies to pleadings​ 237.26 and motions pending on or after that date.​ 237.27 Sec. 26. Minnesota Statutes 2022, section 259.79, subdivision 1, is amended to read:​ 237.28 Subdivision 1. Content. (a) The adoption records of the commissioner's agents and​ 237.29 licensed child-placing agencies shall contain copies of all relevant legal documents,​ 237.30 responsibly collected genetic, medical and social history of the child and the child's birth​ 237.31 parents, the child's placement record, copies of all pertinent agreements, contracts, and​ 237.32 correspondence relevant to the adoption, and copies of all reports and recommendations​ 237.33 made to the court.​ 237​ Article 18 Sec. 26.​ REVISOR CR H5237-4​ HF5237 FOURTH ENGROSSMENT​ 238.1 (b) The commissioner of human services shall maintain a permanent record of all​ 238.2 adoptions granted in district court in Minnesota regarding children who are:​ 238.3 (1) under guardianship of the commissioner or a licensed child-placing agency according​ 238.4 to section 260C.317 or 260C.515, subdivision 3;​ 238.5 (2) placed by the commissioner, commissioner's agent, or licensed child-placing agency​ 238.6 after a consent to adopt according to section 259.24 or under an agreement conferring​ 238.7 authority to place for adoption according to section 259.25; or​ 238.8 (3) adopted after a direct adoptive placement approved by the district court under section​ 238.9 259.47.​ 238.10 Each record shall contain identifying information about the child, the birth or legal​ 238.11 parents, and adoptive parents, including race where such data is available. The record must​ 238.12 also contain: (1) the date the child was legally freed for adoption; (2) the date of the adoptive​ 238.13 placement; (3) the name of the placing agency; (4) the county where the adoptive placement​ 238.14 occurred; (5) the date that the petition to adopt was filed; (6) the county where the petition​ 238.15 to adopt was filed; and (7) the date and county where the adoption decree was granted.​ 238.16 (c) Identifying information contained in the adoption record shall must be confidential​ 238.17 and shall must be disclosed only pursuant to section 259.61 or, for adoption records​ 238.18 maintained by the commissioner of human services, upon request from the commissioner​ 238.19 of health or state registrar pursuant to sections 144.2252 and 144.2253.​ 238.20 Sec. 27. Minnesota Statutes 2023 Supplement, section 259.83, subdivision 1, is amended​ 238.21 to read:​ 238.22 Subdivision 1. Services provided. (a) Agencies shall provide assistance and counseling​ 238.23 services upon receiving a request for current information from adoptive parents, birth parents,​ 238.24 or adopted persons aged 18 years of age and older, or adult siblings of adopted persons.​ 238.25 The agency shall contact the other adult persons or the adoptive parents of a minor child in​ 238.26 a personal and confidential manner to determine whether there is a desire to receive or share​ 238.27 information or to have contact. If there is such a desire, the agency shall provide the services​ 238.28 requested. The agency shall provide services to adult genetic siblings if there is no known​ 238.29 violation of the confidentiality of a birth parent or if the birth parent gives written consent​ 238.30 complete the search request within six months of the request being made. If the agency is​ 238.31 unable to complete the search request within the specified time frame, the agency shall​ 238.32 inform the requester of the status of the request and include a reasonable estimate of when​ 238.33 the request can be completed.​ 238​ Article 18 Sec. 27.​ REVISOR CR H5237-4​ HF5237 FOURTH ENGROSSMENT​ 239.1 (b) Upon a request for assistance or services from an adoptive parent of a minor child,​ 239.2 birth parent, or an adopted person 18 years of age or older, the agency must inform the​ 239.3 person:​ 239.4 (1) about the right of an adopted person to request and obtain a copy of the adopted​ 239.5 person's original birth record at the age and circumstances specified in section 144.2253;​ 239.6 and​ 239.7 (2) about the right of the birth parent named on the adopted person's original birth record​ 239.8 to file a contact preference form with the state registrar pursuant to section 144.2253.​ 239.9 In When making or supervising an adoptive placements placement, the agency must provide​ 239.10 in writing to the birth parents listed on the original birth record the information required​ 239.11 under this section paragraph and section 259.37, subdivision 2, clause (7).​ 239.12 Sec. 28. Minnesota Statutes 2023 Supplement, section 259.83, subdivision 1b, is amended​ 239.13 to read:​ 239.14 Subd. 1b. Genetic Siblings. (a) A person who is at least 18 years of age who was adopted​ 239.15 or, because of a termination of parental rights, who was committed to the guardianship of​ 239.16 the commissioner of human services, whether adopted or and not, adopted must upon request​ 239.17 be advised of other siblings who were adopted or who were committed to the guardianship​ 239.18 of the commissioner of human services and not adopted.​ 239.19 (b) The agency must provide assistance must be provided by the county or placing agency​ 239.20 of to the person requesting information to the extent that information is available in the​ 239.21 existing records at the Department of Human Services required to be kept under section​ 239.22 259.79. If the sibling received services from another agency, the agencies must share​ 239.23 necessary information in order to locate the other siblings and to offer services, as requested.​ 239.24 Upon the determination that parental rights with respect to another sibling were terminated,​ 239.25 identifying information and contact must be provided only upon mutual consent. A reasonable​ 239.26 fee may be imposed by the county or placing agency.​ 239.27 Sec. 29. Minnesota Statutes 2023 Supplement, section 259.83, subdivision 3a, is amended​ 239.28 to read:​ 239.29 Subd. 3a. Birth parent identifying information. (a) This subdivision applies to adoptive​ 239.30 placements where an adopted person does not have a record of live birth registered in this​ 239.31 state. Upon written request by an adopted person 18 years of age or older, the agency​ 239.32 responsible for or supervising the placement must provide to the requester the following​ 239​ Article 18 Sec. 29.​ REVISOR CR H5237-4​ HF5237 FOURTH ENGROSSMENT​ 240.1 identifying information related to the birth parents listed on that adopted person's original​ 240.2 birth record, to the extent the information is available:​ 240.3 (1) each of the birth parent's names; and​ 240.4 (2) each of the birth parent's birthdate and birthplace.​ 240.5 (b) The agency may charge a reasonable fee to the requester for providing the required​ 240.6 information under paragraph (a).​ 240.7 (c) The agency, acting in good faith and in a lawful manner in disclosing the identifying​ 240.8 information under this subdivision, is not civilly liable for such disclosure.​ 240.9 Sec. 30. Minnesota Statutes 2022, section 259.83, subdivision 4, is amended to read:​ 240.10 Subd. 4. Confidentiality. Agencies shall provide adoptive parents, birth parents and​ 240.11 adult siblings, and adopted persons aged 19 18 years and over reasonable assistance in a​ 240.12 manner consistent with state and federal laws, rules, and regulations regarding the​ 240.13 confidentiality and privacy of child welfare and adoption records.​ 240.14 Sec. 31. Minnesota Statutes 2022, section 260C.007, subdivision 6, is amended to read:​ 240.15 Subd. 6. Child in need of protection or services. "Child in need of protection or​ 240.16 services" means a child who is in need of protection or services because the child:​ 240.17 (1) is abandoned or without parent, guardian, or custodian;​ 240.18 (2)(i) has been a victim of physical or sexual abuse as defined in section 260E.03,​ 240.19 subdivision 18 or 20, (ii) resides with or has resided with a victim of child abuse as defined​ 240.20 in subdivision 5 or domestic child abuse as defined in subdivision 13, (iii) resides with or​ 240.21 would reside with a perpetrator of domestic child abuse as defined in subdivision 13 or child​ 240.22 abuse as defined in subdivision 5 or 13, or (iv) is a victim of emotional maltreatment as​ 240.23 defined in subdivision 15;​ 240.24 (3) is without necessary food, clothing, shelter, education, or other required care for the​ 240.25 child's physical or mental health or morals because the child's parent, guardian, or custodian​ 240.26 is unable or unwilling to provide that care;​ 240.27 (4) is without the special care made necessary by a physical, mental, or emotional​ 240.28 condition because the child's parent, guardian, or custodian is unable or unwilling to provide​ 240.29 that care;​ 240.30 (5) is medically neglected, which includes, but is not limited to, the withholding of​ 240.31 medically indicated treatment from an infant with a disability with a life-threatening​ 240​ Article 18 Sec. 31.​ REVISOR CR H5237-4​ HF5237 FOURTH ENGROSSMENT​ 241.1 condition. The term "withholding of medically indicated treatment" means the failure to​ 241.2 respond to the infant's life-threatening conditions by providing treatment, including​ 241.3 appropriate nutrition, hydration, and medication which, in the treating physician's, advanced​ 241.4 practice registered nurse's, or physician assistant's reasonable medical judgment, will be​ 241.5 most likely to be effective in ameliorating or correcting all conditions, except that the term​ 241.6 does not include the failure to provide treatment other than appropriate nutrition, hydration,​ 241.7 or medication to an infant when, in the treating physician's, advanced practice registered​ 241.8 nurse's, or physician assistant's reasonable medical judgment:​ 241.9 (i) the infant is chronically and irreversibly comatose;​ 241.10 (ii) the provision of the treatment would merely prolong dying, not be effective in​ 241.11 ameliorating or correcting all of the infant's life-threatening conditions, or otherwise be​ 241.12 futile in terms of the survival of the infant; or​ 241.13 (iii) the provision of the treatment would be virtually futile in terms of the survival of​ 241.14 the infant and the treatment itself under the circumstances would be inhumane;​ 241.15 (6) is one whose parent, guardian, or other custodian for good cause desires to be relieved​ 241.16 of the child's care and custody, including a child who entered foster care under a voluntary​ 241.17 placement agreement between the parent and the responsible social services agency under​ 241.18 section 260C.227;​ 241.19 (7) has been placed for adoption or care in violation of law;​ 241.20 (8) is without proper parental care because of the emotional, mental, or physical disability,​ 241.21 or state of immaturity of the child's parent, guardian, or other custodian. A child is not​ 241.22 considered to be without proper parental care based solely on the disability of the child's​ 241.23 parent, guardian, or custodian;​ 241.24 (9) is one whose behavior, condition, or environment is such as to be injurious or​ 241.25 dangerous to the child or others. An injurious or dangerous environment may include, but​ 241.26 is not limited to, the exposure of a child to criminal activity in the child's home;​ 241.27 (10) is experiencing growth delays, which may be referred to as failure to thrive, that​ 241.28 have been diagnosed by a physician and are due to parental neglect;​ 241.29 (11) is a sexually exploited youth;​ 241.30 (12) has committed a delinquent act or a juvenile petty offense before becoming ten​ 241.31 years old;​ 241.32 (13) is a runaway;​ 241​ Article 18 Sec. 31.​ REVISOR CR H5237-4​ HF5237 FOURTH ENGROSSMENT​ 242.1 (14) is a habitual truant;​ 242.2 (15) has been found incompetent to proceed or has been found not guilty by reason of​ 242.3 mental illness or mental deficiency in connection with a delinquency proceeding, a​ 242.4 certification under section 260B.125, an extended jurisdiction juvenile prosecution, or a​ 242.5 proceeding involving a juvenile petty offense; or​ 242.6 (16) has a parent whose parental rights to one or more other children were involuntarily​ 242.7 terminated or whose custodial rights to another child have been involuntarily transferred to​ 242.8 a relative and there is a case plan prepared by the responsible social services agency​ 242.9 documenting a compelling reason why filing the termination of parental rights petition under​ 242.10 section 260C.503, subdivision 2, is not in the best interests of the child.​ 242.11 Sec. 32. Minnesota Statutes 2022, section 260C.141, is amended by adding a subdivision​ 242.12 to read:​ 242.13 Subd. 1a. Supportive parenting services. (a) A person or agency shall not file a petition​ 242.14 alleging that a child is in need of protection or services on the basis of a parent's disability.​ 242.15 To make a prima facie showing that a child protection matter exists, the petitioner must​ 242.16 demonstrate in the petition that the child is in need of protection or services due to specific​ 242.17 behaviors of a parent or household member. The local agency or court must offer a parent​ 242.18 with a disability the opportunity to use supportive parenting services to assist the parent if​ 242.19 the petitioner makes a prima facie showing that through specific behaviors, a parent with a​ 242.20 disability cannot provide for the child's safety, health, or welfare. If a court removes a child​ 242.21 from a parent's home, the court shall make specific written findings stating the basis for​ 242.22 removing the child and why providing supportive parenting services is not a reasonable​ 242.23 accommodation that could prevent the child's out-of-home placement.​ 242.24 (b) For purposes of this subdivision, "supportive parenting services" means services that​ 242.25 may assist a parent with a disability in the effective use of techniques and methods to enable​ 242.26 the parent to discharge the parent's responsibilities to a child as successfully as a parent who​ 242.27 does not have a disability, including nonvisual techniques for a parent who is blind.​ 242.28 (c) For purposes of this subdivision, "disability" means:​ 242.29 (1) physical or mental impairment that substantially limits one or more of a parent's​ 242.30 major life activities;​ 242.31 (2) a record of having a physical or mental impairment that substantially limits one or​ 242.32 more of a parent's major life activities; or​ 242​ Article 18 Sec. 32.​ REVISOR CR H5237-4​ HF5237 FOURTH ENGROSSMENT​ 243.1 (3) being regarded as having a physical or mental impairment that substantially limits​ 243.2 one or more of a parent's major life activities.​ 243.3 (d) The term "disability" must be construed in accordance with the ADA Amendments​ 243.4 Act of 2008, Public Law 110-325.​ 243.5 EFFECTIVE DATE. This section is effective August 1, 2024, and applies to pleadings​ 243.6 and motions pending on or after that date.​ 243.7 Sec. 33. Minnesota Statutes 2022, section 260C.178, subdivision 7, is amended to read:​ 243.8 Subd. 7. Out-of-home placement Case plan. (a) When the court has ordered the child​ 243.9 into the care of a parent under subdivision 1, paragraph (c), clause (1), the child protective​ 243.10 services plan under section 260E.26 must be filed within 30 days of the filing of the juvenile​ 243.11 protection petition under section 260C.141, subdivision 1.​ 243.12 (a) (b) When the court orders the child into foster care under subdivision 1, paragraph​ 243.13 (c), clause (2), and not into the care of a parent, an out-of-home placement plan required​ 243.14 under section 260C.212 shall must be filed with the court within 30 days of the filing of a​ 243.15 juvenile protection petition under section 260C.141, subdivision 1, when the court orders​ 243.16 emergency removal of the child under this section, or filed with the petition if the petition​ 243.17 is a review of a voluntary placement under section 260C.141, subdivision 2.​ 243.18 (b) (c) Upon the filing of the child protective services plan under section 260E.26 or​ 243.19 out-of-home placement plan which that has been developed jointly with the parent and in​ 243.20 consultation with others as required under section 260C.212, subdivision 1, the court may​ 243.21 approve implementation of the plan by the responsible social services agency based on the​ 243.22 allegations contained in the petition and any evaluations, examinations, or assessments​ 243.23 conducted under subdivision 1, paragraph (l) (m). The court shall send written notice of the​ 243.24 approval of the child protective services plan or out-of-home placement plan to all parties​ 243.25 and the county attorney or may state such approval on the record at a hearing. A parent may​ 243.26 agree to comply with the terms of the plan filed with the court.​ 243.27 (c) (d) The responsible social services agency shall make reasonable efforts to engage​ 243.28 both parents of the child in case planning. The responsible social service agency shall report​ 243.29 the results of its efforts to engage the child's parents in the child protective services plan or​ 243.30 out-of-home placement plan filed with the court. The agency shall notify the court of the​ 243.31 services it will provide or efforts it will attempt under the plan notwithstanding the parent's​ 243.32 refusal to cooperate or disagreement with the services. The parent may ask the court to​ 243.33 modify the plan to require different or additional services requested by the parent, but which​ 243​ Article 18 Sec. 33.​ REVISOR CR H5237-4​ HF5237 FOURTH ENGROSSMENT​ 244.1 the agency refused to provide. The court may approve the plan as presented by the agency​ 244.2 or may modify the plan to require services requested by the parent. The court's approval​ 244.3 shall must be based on the content of the petition.​ 244.4 (d) (e) Unless the parent agrees to comply with the terms of the child protective services​ 244.5 plan or out-of-home placement plan, the court may not order a parent to comply with the​ 244.6 provisions of the plan until the court finds the child is in need of protection or services and​ 244.7 orders disposition under section 260C.201, subdivision 1. However, the court may find that​ 244.8 the responsible social services agency has made reasonable efforts for reunification if the​ 244.9 agency makes efforts to implement the terms of an the child protective services plan or​ 244.10 out-of-home placement plan approved under this section.​ 244.11 Sec. 34. Minnesota Statutes 2022, section 260C.202, is amended to read:​ 244.12 260C.202 COURT REVIEW OF FOSTER CARE DISPOSITION.​ 244.13 Subdivision 1. Court review for a child in the home of a parent under protective​ 244.14 supervision. If the court orders a child into the home of a parent under the protective​ 244.15 supervision of the responsible social services agency or child-placing agency under section​ 244.16 260C.201, subdivision 1, paragraph (a), clause (1), the court shall review the child protective​ 244.17 services plan under section 260E.26 at least every 90 days. The court shall notify the parents​ 244.18 of the provisions of sections 260C.503 to 260C.521, as required under juvenile court rules.​ 244.19 Subd. 2. Court review for a child placed in foster care. (a) If the court orders a child​ 244.20 placed in foster care, the court shall review the out-of-home placement plan and the child's​ 244.21 placement at least every 90 days as required in juvenile court rules to determine whether​ 244.22 continued out-of-home placement is necessary and appropriate or whether the child should​ 244.23 be returned home.​ 244.24 (b) This review is not required if the court has returned the child home, ordered the child​ 244.25 permanently placed away from the parent under sections 260C.503 to 260C.521, or​ 244.26 terminated rights under section 260C.301. Court review for a child permanently placed​ 244.27 away from a parent, including where the child is under guardianship of the commissioner,​ 244.28 shall be is governed by section 260C.607.​ 244.29 (c) When a child is placed in a qualified residential treatment program setting as defined​ 244.30 in section 260C.007, subdivision 26d, the responsible social services agency must submit​ 244.31 evidence to the court as specified in section 260C.712.​ 244.32 (b) (d) No later than three months after the child's placement in foster care, the court​ 244.33 shall review agency efforts to search for and notify relatives pursuant to section 260C.221,​ 244​ Article 18 Sec. 34.​ REVISOR CR H5237-4​ HF5237 FOURTH ENGROSSMENT​ 245.1 and order that the agency's efforts begin immediately, or continue, if the agency has failed​ 245.2 to perform, or has not adequately performed, the duties under that section. The court must​ 245.3 order the agency to continue to appropriately engage relatives who responded to the notice​ 245.4 under section 260C.221 in placement and case planning decisions and to consider relatives​ 245.5 for foster care placement consistent with section 260C.221. Notwithstanding a court's finding​ 245.6 that the agency has made reasonable efforts to search for and notify relatives under section​ 245.7 260C.221, the court may order the agency to continue making reasonable efforts to search​ 245.8 for, notify, engage, and consider relatives who came to the agency's attention after sending​ 245.9 the initial notice under section 260C.221.​ 245.10 (c) (e) The court shall review the out-of-home placement plan and may modify the plan​ 245.11 as provided under section 260C.201, subdivisions 6 and 7.​ 245.12 (d) (f) When the court transfers the custody of a child to a responsible social services​ 245.13 agency resulting in foster care or protective supervision with a noncustodial parent under​ 245.14 subdivision 1, the court shall notify the parents of the provisions of sections 260C.204 and​ 245.15 260C.503 to 260C.521, as required under juvenile court rules.​ 245.16 (e) (g) When a child remains in or returns to foster care pursuant to section 260C.451​ 245.17 and the court has jurisdiction pursuant to section 260C.193, subdivision 6, paragraph (c),​ 245.18 the court shall at least annually conduct the review required under section 260C.203.​ 245.19 Sec. 35. Minnesota Statutes 2022, section 260C.209, subdivision 1, is amended to read:​ 245.20 Subdivision 1. Subjects. The responsible social services agency may have access to the​ 245.21 criminal history and history of child and adult maltreatment on the following individuals:​ 245.22 (1) a noncustodial parent or nonadjudicated parent who is being assessed for purposes​ 245.23 of providing day-to-day care of a child temporarily or permanently under section 260C.219​ 245.24 and any member of the parent's household who is over the age of 13 when there is a​ 245.25 reasonable cause to believe that the parent or household member over age 13 has a criminal​ 245.26 history or a history of maltreatment of a child or vulnerable adult which that would endanger​ 245.27 the child's health, safety, or welfare;​ 245.28 (2) an individual whose suitability for relative placement under section 260C.221 is​ 245.29 being determined and any member of the relative's individual's household who is over the​ 245.30 age of 13 when:​ 245.31 (i) the relative must be licensed for foster care; or​ 245.32 (i) the individual is being considered for relative placement under section 260C.221;​ 245​ Article 18 Sec. 35.​ REVISOR CR H5237-4​ HF5237 FOURTH ENGROSSMENT​ 246.1 (ii) the background study is required under section 259.53, subdivision 2; or​ 246.2 (iii) the agency or the commissioner has reasonable cause to believe the relative or​ 246.3 household member over the age of 13 has a criminal history which would not make a petition​ 246.4 to transfer of permanent legal and physical custody to the relative under has been filed​ 246.5 according to section 260C.515, subdivision 4, in the child's best interest paragraph (d), and​ 246.6 the relative is not pursuing Northstar kinship assistance eligibility for the child under chapter​ 246.7 256N; and​ 246.8 (3) a parent, following an out-of-home placement, when the responsible social services​ 246.9 agency has reasonable cause to believe that the parent has been convicted of a crime directly​ 246.10 related to the parent's capacity to maintain the child's health, safety, or welfare or the parent​ 246.11 is the subject of an open investigation of, or has been the subject of a substantiated allegation​ 246.12 of, child or vulnerable-adult maltreatment within the past ten years.​ 246.13 "Reasonable cause" means that the agency has received information or a report from the​ 246.14 subject or a third person that creates an articulable suspicion that the individual has a history​ 246.15 that may pose a risk to the health, safety, or welfare of the child. The information or report​ 246.16 must be specific to the potential subject of the background check and shall must not be​ 246.17 based on the race, religion, ethnic background, age, class, or lifestyle of the potential subject.​ 246.18 Sec. 36. Minnesota Statutes 2022, section 260C.212, subdivision 1, is amended to read:​ 246.19 Subdivision 1. Out-of-home placement; plan. (a) An out-of-home placement plan shall​ 246.20 be prepared within 30 days after any child is placed in foster care by court order or a​ 246.21 voluntary placement agreement between the responsible social services agency and the​ 246.22 child's parent pursuant to section 260C.227 or chapter 260D.​ 246.23 (b) An out-of-home placement plan means a written document individualized to the​ 246.24 needs of the child and the child's parents or guardians that is prepared by the responsible​ 246.25 social services agency jointly with the child's parents or guardians and in consultation with​ 246.26 the child's guardian ad litem; the child's tribe, if the child is an Indian child; the child's foster​ 246.27 parent or representative of the foster care facility; and, when appropriate, the child. When​ 246.28 a child is age 14 or older, the child may include two other individuals on the team preparing​ 246.29 the child's out-of-home placement plan. The child may select one member of the case​ 246.30 planning team to be designated as the child's advisor and to advocate with respect to the​ 246.31 application of the reasonable and prudent parenting standards. The responsible social services​ 246.32 agency may reject an individual selected by the child if the agency has good cause to believe​ 246.33 that the individual would not act in the best interest of the child. For a child in voluntary​ 246.34 foster care for treatment under chapter 260D, preparation of the out-of-home placement​ 246​ Article 18 Sec. 36.​ REVISOR CR H5237-4​ HF5237 FOURTH ENGROSSMENT​ 247.1 plan shall additionally include the child's mental health treatment provider. For a child 18​ 247.2 years of age or older, the responsible social services agency shall involve the child and the​ 247.3 child's parents as appropriate. As appropriate, the plan shall be:​ 247.4 (1) submitted to the court for approval under section 260C.178, subdivision 7;​ 247.5 (2) ordered by the court, either as presented or modified after hearing, under section​ 247.6 260C.178, subdivision 7, or 260C.201, subdivision 6; and​ 247.7 (3) signed by the parent or parents or guardian of the child, the child's guardian ad litem,​ 247.8 a representative of the child's tribe, the responsible social services agency, and, if possible,​ 247.9 the child.​ 247.10 (c) The out-of-home placement plan shall be explained by the responsible social services​ 247.11 agency to all persons involved in the plan's implementation, including the child who has​ 247.12 signed the plan, and shall set forth:​ 247.13 (1) a description of the foster care home or facility selected, including how the​ 247.14 out-of-home placement plan is designed to achieve a safe placement for the child in the​ 247.15 least restrictive, most family-like setting available that is in close proximity to the home of​ 247.16 the child's parents or guardians when the case plan goal is reunification; and how the​ 247.17 placement is consistent with the best interests and special needs of the child according to​ 247.18 the factors under subdivision 2, paragraph (b);​ 247.19 (2) the specific reasons for the placement of the child in foster care, and when​ 247.20 reunification is the plan, a description of the problems or conditions in the home of the​ 247.21 parent or parents that necessitated removal of the child from home and the changes the​ 247.22 parent or parents must make for the child to safely return home;​ 247.23 (3) a description of the services offered and provided to prevent removal of the child​ 247.24 from the home and to reunify the family including:​ 247.25 (i) the specific actions to be taken by the parent or parents of the child to eliminate or​ 247.26 correct the problems or conditions identified in clause (2), and the time period during which​ 247.27 the actions are to be taken; and​ 247.28 (ii) the reasonable efforts, or in the case of an Indian child, active efforts to be made to​ 247.29 achieve a safe and stable home for the child including social and other supportive services​ 247.30 to be provided or offered to the parent or parents or guardian of the child, the child, and the​ 247.31 residential facility during the period the child is in the residential facility;​ 247.32 (4) a description of any services or resources that were requested by the child or the​ 247.33 child's parent, guardian, foster parent, or custodian since the date of the child's placement​ 247​ Article 18 Sec. 36.​ REVISOR CR H5237-4​ HF5237 FOURTH ENGROSSMENT​ 248.1 in the residential facility, and whether those services or resources were provided and if not,​ 248.2 the basis for the denial of the services or resources;​ 248.3 (5) the visitation plan for the parent or parents or guardian, other relatives as defined in​ 248.4 section 260C.007, subdivision 26b or 27, and siblings of the child if the siblings are not​ 248.5 placed together in foster care, and whether visitation is consistent with the best interest of​ 248.6 the child, during the period the child is in foster care;​ 248.7 (6) when a child cannot return to or be in the care of either parent, documentation of​ 248.8 steps to finalize adoption as the permanency plan for the child through reasonable efforts​ 248.9 to place the child for adoption pursuant to section 260C.605. At a minimum, the​ 248.10 documentation must include consideration of whether adoption is in the best interests of​ 248.11 the child and child-specific recruitment efforts such as a relative search, consideration of​ 248.12 relatives for adoptive placement, and the use of state, regional, and national adoption​ 248.13 exchanges to facilitate orderly and timely placements in and outside of the state. A copy of​ 248.14 this documentation shall be provided to the court in the review required under section​ 248.15 260C.317, subdivision 3, paragraph (b);​ 248.16 (7) when a child cannot return to or be in the care of either parent, documentation of​ 248.17 steps to finalize the transfer of permanent legal and physical custody to a relative as the​ 248.18 permanency plan for the child. This documentation must support the requirements of the​ 248.19 kinship placement agreement under section 256N.22 and must include the reasonable efforts​ 248.20 used to determine that it is not appropriate for the child to return home or be adopted, and​ 248.21 reasons why permanent placement with a relative through a Northstar kinship assistance​ 248.22 arrangement is in the child's best interest; how the child meets the eligibility requirements​ 248.23 for Northstar kinship assistance payments; agency efforts to discuss adoption with the child's​ 248.24 relative foster parent and reasons why the relative foster parent chose not to pursue adoption,​ 248.25 if applicable; and agency efforts to discuss with the child's parent or parents the permanent​ 248.26 transfer of permanent legal and physical custody or the reasons why these efforts were not​ 248.27 made;​ 248.28 (8) efforts to ensure the child's educational stability while in foster care for a child who​ 248.29 attained the minimum age for compulsory school attendance under state law and is enrolled​ 248.30 full time in elementary or secondary school, or instructed in elementary or secondary​ 248.31 education at home, or instructed in an independent study elementary or secondary program,​ 248.32 or incapable of attending school on a full-time basis due to a medical condition that is​ 248.33 documented and supported by regularly updated information in the child's case plan.​ 248.34 Educational stability efforts include:​ 248​ Article 18 Sec. 36.​ REVISOR CR H5237-4​ HF5237 FOURTH ENGROSSMENT​ 249.1 (i) efforts to ensure that the child remains in the same school in which the child was​ 249.2 enrolled prior to placement or upon the child's move from one placement to another, including​ 249.3 efforts to work with the local education authorities to ensure the child's educational stability​ 249.4 and attendance; or​ 249.5 (ii) if it is not in the child's best interest to remain in the same school that the child was​ 249.6 enrolled in prior to placement or move from one placement to another, efforts to ensure​ 249.7 immediate and appropriate enrollment for the child in a new school;​ 249.8 (9) the educational records of the child including the most recent information available​ 249.9 regarding:​ 249.10 (i) the names and addresses of the child's educational providers;​ 249.11 (ii) the child's grade level performance;​ 249.12 (iii) the child's school record;​ 249.13 (iv) a statement about how the child's placement in foster care takes into account​ 249.14 proximity to the school in which the child is enrolled at the time of placement; and​ 249.15 (v) any other relevant educational information;​ 249.16 (10) the efforts by the responsible social services agency to ensure the oversight and​ 249.17 continuity of health care services for the foster child, including:​ 249.18 (i) the plan to schedule the child's initial health screens;​ 249.19 (ii) how the child's known medical problems and identified needs from the screens,​ 249.20 including any known communicable diseases, as defined in section 144.4172, subdivision​ 249.21 2, shall be monitored and treated while the child is in foster care;​ 249.22 (iii) how the child's medical information shall be updated and shared, including the​ 249.23 child's immunizations;​ 249.24 (iv) who is responsible to coordinate and respond to the child's health care needs,​ 249.25 including the role of the parent, the agency, and the foster parent;​ 249.26 (v) who is responsible for oversight of the child's prescription medications;​ 249.27 (vi) how physicians or other appropriate medical and nonmedical professionals shall be​ 249.28 consulted and involved in assessing the health and well-being of the child and determine​ 249.29 the appropriate medical treatment for the child; and​ 249.30 (vii) the responsibility to ensure that the child has access to medical care through either​ 249.31 medical insurance or medical assistance;​ 249​ Article 18 Sec. 36.​ REVISOR CR H5237-4​ HF5237 FOURTH ENGROSSMENT​ 250.1 (11) the health records of the child including information available regarding:​ 250.2 (i) the names and addresses of the child's health care and dental care providers;​ 250.3 (ii) a record of the child's immunizations;​ 250.4 (iii) the child's known medical problems, including any known communicable diseases​ 250.5 as defined in section 144.4172, subdivision 2;​ 250.6 (iv) the child's medications; and​ 250.7 (v) any other relevant health care information such as the child's eligibility for medical​ 250.8 insurance or medical assistance;​ 250.9 (12) an independent living plan for a child 14 years of age or older, developed in​ 250.10 consultation with the child. The child may select one member of the case planning team to​ 250.11 be designated as the child's advisor and to advocate with respect to the application of the​ 250.12 reasonable and prudent parenting standards in subdivision 14. The plan should include, but​ 250.13 not be limited to, the following objectives:​ 250.14 (i) educational, vocational, or employment planning;​ 250.15 (ii) health care planning and medical coverage;​ 250.16 (iii) transportation including, where appropriate, assisting the child in obtaining a driver's​ 250.17 license;​ 250.18 (iv) money management, including the responsibility of the responsible social services​ 250.19 agency to ensure that the child annually receives, at no cost to the child, a consumer report​ 250.20 as defined under section 13C.001 and assistance in interpreting and resolving any inaccuracies​ 250.21 in the report;​ 250.22 (v) planning for housing;​ 250.23 (vi) social and recreational skills;​ 250.24 (vii) establishing and maintaining connections with the child's family and community;​ 250.25 and​ 250.26 (viii) regular opportunities to engage in age-appropriate or developmentally appropriate​ 250.27 activities typical for the child's age group, taking into consideration the capacities of the​ 250.28 individual child;​ 250.29 (13) for a child in voluntary foster care for treatment under chapter 260D, diagnostic​ 250.30 and assessment information, specific services relating to meeting the mental health care​ 250.31 needs of the child, and treatment outcomes;​ 250​ Article 18 Sec. 36.​ REVISOR CR H5237-4​ HF5237 FOURTH ENGROSSMENT​ 251.1 (14) for a child 14 years of age or older, a signed acknowledgment that describes the​ 251.2 child's rights regarding education, health care, visitation, safety and protection from​ 251.3 exploitation, and court participation; receipt of the documents identified in section 260C.452;​ 251.4 and receipt of an annual credit report. The acknowledgment shall state that the rights were​ 251.5 explained in an age-appropriate manner to the child; and​ 251.6 (15) for a child placed in a qualified residential treatment program, the plan must include​ 251.7 the requirements in section 260C.708.​ 251.8 (d) The parent or parents or guardian and the child each shall have the right to legal​ 251.9 counsel in the preparation of the case plan and shall be informed of the right at the time of​ 251.10 placement of the child. The child shall also have the right to a guardian ad litem. If unable​ 251.11 to employ counsel from their own resources, the court shall appoint counsel upon the request​ 251.12 of the parent or parents or the child or the child's legal guardian. The parent or parents may​ 251.13 also receive assistance from any person or social services agency in preparation of the case​ 251.14 plan.​ 251.15 (e) Before an out-of-home placement plan is signed by the parent or parents or guardian​ 251.16 of the child, the responsible social services agency must provide the parent or parents or​ 251.17 guardian with a one- to two-page summary of the plan using a form developed by the​ 251.18 commissioner. The out-of-home placement plan summary must clearly summarize the plan's​ 251.19 contents under paragraph (c) and list the requirements and responsibilities for the parent or​ 251.20 parents or guardian using plain language. The summary must be updated and provided to​ 251.21 the parent or parents or guardian when the out-of-home placement plan is updated under​ 251.22 subdivision 1a.​ 251.23 (e) (f) After the plan has been agreed upon by the parties involved or approved or ordered​ 251.24 by the court, the foster parents shall be fully informed of the provisions of the case plan and​ 251.25 shall be provided a copy of the plan.​ 251.26 (f) (g) Upon the child's discharge from foster care, the responsible social services agency​ 251.27 must provide the child's parent, adoptive parent, or permanent legal and physical custodian,​ 251.28 and the child, if the child is 14 years of age or older, with a current copy of the child's health​ 251.29 and education record. If a child meets the conditions in subdivision 15, paragraph (b), the​ 251.30 agency must also provide the child with the child's social and medical history. The responsible​ 251.31 social services agency may give a copy of the child's health and education record and social​ 251.32 and medical history to a child who is younger than 14 years of age, if it is appropriate and​ 251.33 if subdivision 15, paragraph (b), applies.​ 251.34 EFFECTIVE DATE. This section is effective March 1, 2025.​ 251​ Article 18 Sec. 36.​ REVISOR CR H5237-4​ HF5237 FOURTH ENGROSSMENT​ 252.1 Sec. 37. Minnesota Statutes 2022, section 260C.212, subdivision 2, is amended to read:​ 252.2 Subd. 2. Placement decisions based on best interests of the child. (a) The policy of​ 252.3 the state of Minnesota is to ensure that the child's best interests are met by requiring an​ 252.4 individualized determination of the needs of the child in consideration of paragraphs (a) to​ 252.5 (f), and of how the selected placement will serve the current and future needs of the child​ 252.6 being placed. The authorized child-placing agency shall place a child, released by court​ 252.7 order or by voluntary release by the parent or parents, in a family foster home selected by​ 252.8 considering placement with relatives in the following order:​ 252.9 (1) with an individual who is related to the child by blood, marriage, or adoption,​ 252.10 including the legal parent, guardian, or custodian of the child's sibling; or​ 252.11 (2) with an individual who is an important friend of the child or of the child's parent or​ 252.12 custodian, including an individual with whom the child has resided or had significant contact​ 252.13 or who has a significant relationship to the child or the child's parent or custodian.​ 252.14 For an Indian child, the agency shall follow the order of placement preferences in the Indian​ 252.15 Child Welfare Act of 1978, United States Code, title 25, section 1915.​ 252.16 (b) Among the factors the agency shall consider in determining the current and future​ 252.17 needs of the child are the following:​ 252.18 (1) the child's current functioning and behaviors;​ 252.19 (2) the medical needs of the child;​ 252.20 (3) the educational needs of the child;​ 252.21 (4) the developmental needs of the child;​ 252.22 (5) the child's history and past experience;​ 252.23 (6) the child's religious and cultural needs;​ 252.24 (7) the child's connection with a community, school, and faith community;​ 252.25 (8) the child's interests and talents;​ 252.26 (9) the child's current and long-term needs regarding relationships with parents, siblings,​ 252.27 relatives, and other caretakers;​ 252.28 (10) the reasonable preference of the child, if the court, or the child-placing agency in​ 252.29 the case of a voluntary placement, deems the child to be of sufficient age to express​ 252.30 preferences; and​ 252​ Article 18 Sec. 37.​ REVISOR CR H5237-4​ HF5237 FOURTH ENGROSSMENT​ 253.1 (11) for an Indian child, the best interests of an Indian child as defined in section 260.755,​ 253.2 subdivision 2a.​ 253.3 When placing a child in foster care or in a permanent placement based on an individualized​ 253.4 determination of the child's needs, the agency must not use one factor in this paragraph to​ 253.5 the exclusion of all others, and the agency shall consider that the factors in paragraph (b)​ 253.6 may be interrelated.​ 253.7 (c) Placement of a child cannot be delayed or denied based on race, color, or national​ 253.8 origin of the foster parent or the child.​ 253.9 (d) Siblings should be placed together for foster care and adoption at the earliest possible​ 253.10 time unless it is documented that a joint placement would be contrary to the safety or​ 253.11 well-being of any of the siblings or unless it is not possible after reasonable efforts by the​ 253.12 responsible social services agency. In cases where siblings cannot be placed together, the​ 253.13 agency is required to provide frequent visitation or other ongoing interaction between​ 253.14 siblings unless the agency documents that the interaction would be contrary to the safety​ 253.15 or well-being of any of the siblings.​ 253.16 (e) Except for emergency placement as provided for in section 245A.035, The following​ 253.17 requirements must be satisfied before the approval of a foster or adoptive placement in a​ 253.18 related or unrelated home: (1) a completed background study under section 245C.08; and​ 253.19 (2) a completed review of the written home study required under section 260C.215,​ 253.20 subdivision 4, clause (5), or 260C.611, to assess the capacity of the prospective foster or​ 253.21 adoptive parent to ensure the placement will meet the needs of the individual child. For​ 253.22 adoptive placements in a related or unrelated home, the home must meet the requirements​ 253.23 of section 260C.611.​ 253.24 (f) The agency must determine whether colocation with a parent who is receiving services​ 253.25 in a licensed residential family-based substance use disorder treatment program is in the​ 253.26 child's best interests according to paragraph (b) and include that determination in the child's​ 253.27 case plan under subdivision 1. The agency may consider additional factors not identified​ 253.28 in paragraph (b). The agency's determination must be documented in the child's case plan​ 253.29 before the child is colocated with a parent.​ 253.30 (g) The agency must establish a juvenile treatment screening team under section 260C.157​ 253.31 to determine whether it is necessary and appropriate to recommend placing a child in a​ 253.32 qualified residential treatment program, as defined in section 260C.007, subdivision 26d.​ 253.33 (h) A child in foster care must not be placed in an unlicensed emergency relative​ 253.34 placement under section 245A.035 or licensed family foster home when the responsible​ 253​ Article 18 Sec. 37.​ REVISOR CR H5237-4​ HF5237 FOURTH ENGROSSMENT​ 254.1 social services agency is aware that a prospective foster parent, license applicant, license​ 254.2 holder, or adult household member has a permanent disqualification under section 245C.15,​ 254.3 subdivision 4a, paragraphs (a) and (b).​ 254.4 Sec. 38. Minnesota Statutes 2022, section 260C.301, subdivision 1, as amended by Laws​ 254.5 2024, chapter 80, article 8, section 27, is amended to read:​ 254.6 Subdivision 1. Voluntary and involuntary. The juvenile court may upon petition,​ 254.7 terminate all rights of a parent to a child:​ 254.8 (a) with the written consent of a parent who for good cause desires to terminate parental​ 254.9 rights; or​ 254.10 (b) if it finds that one or more of the following conditions exist:​ 254.11 (1) that the parent has abandoned the child;​ 254.12 (2) that the parent has substantially, continuously, or repeatedly refused or neglected to​ 254.13 comply with the duties imposed upon that parent by the parent and child relationship,​ 254.14 including but not limited to providing the child with necessary food, clothing, shelter,​ 254.15 education, and other care and control necessary for the child's physical, mental, or emotional​ 254.16 health and development, if the parent is physically and financially able, and either reasonable​ 254.17 efforts by the social services agency have failed to correct the conditions that formed the​ 254.18 basis of the petition or reasonable efforts would be futile and therefore unreasonable;​ 254.19 (3) that a parent has been ordered to contribute to the support of the child or financially​ 254.20 aid in the child's birth and has continuously failed to do so without good cause. This clause​ 254.21 shall not be construed to state a grounds for termination of parental rights of a noncustodial​ 254.22 parent if that parent has not been ordered to or cannot financially contribute to the support​ 254.23 of the child or aid in the child's birth;​ 254.24 (4) (3) that a parent is palpably unfit to be a party to the parent and child relationship​ 254.25 because of a consistent pattern of specific conduct before the child or of specific conditions​ 254.26 directly relating to the parent and child relationship either of which are determined by the​ 254.27 court to be of a duration or nature that renders the parent unable, for the reasonably​ 254.28 foreseeable future, to care appropriately for the ongoing physical, mental, or emotional​ 254.29 needs of the child. It is presumed that a parent is palpably unfit to be a party to the parent​ 254.30 and child relationship upon a showing that the parent's parental rights to one or more other​ 254.31 children were involuntarily terminated or that the parent's custodial rights to another child​ 254.32 have been involuntarily transferred to a relative under a juvenile protection proceeding or​ 254.33 a similar process of another jurisdiction;​ 254​ Article 18 Sec. 38.​ REVISOR CR H5237-4​ HF5237 FOURTH ENGROSSMENT​ 255.1 (5) (4) that following the child's placement out of the home, reasonable efforts, under​ 255.2 the direction of the court, have failed to correct the conditions leading to the child's​ 255.3 placement. It is presumed that reasonable efforts under this clause have failed upon a showing​ 255.4 that:​ 255.5 (i) a child has resided out of the parental home under court order for a cumulative period​ 255.6 of 12 months within the preceding 22 months. In the case of a child under age eight at the​ 255.7 time the petition was filed alleging the child to be in need of protection or services, the​ 255.8 presumption arises when the child has resided out of the parental home under court order​ 255.9 for six months unless the parent has maintained regular contact with the child and the parent​ 255.10 is complying with the out-of-home placement plan;​ 255.11 (ii) the court has approved the out-of-home placement plan required under section​ 255.12 260C.212 and filed with the court under section 260C.178;​ 255.13 (iii) conditions leading to the out-of-home placement have not been corrected. It is​ 255.14 presumed that conditions leading to a child's out-of-home placement have not been corrected​ 255.15 upon a showing that the parent or parents have not substantially complied with the court's​ 255.16 orders and a reasonable case plan; and​ 255.17 (iv) reasonable efforts have been made by the social services agency to rehabilitate the​ 255.18 parent and reunite the family.​ 255.19 This clause does not prohibit the termination of parental rights prior to one year, or in​ 255.20 the case of a child under age eight, prior to six months after a child has been placed out of​ 255.21 the home.​ 255.22 It is also presumed that reasonable efforts have failed under this clause upon a showing​ 255.23 that:​ 255.24 (A) the parent has been diagnosed as chemically dependent by a professional certified​ 255.25 to make the diagnosis;​ 255.26 (B) the parent has been required by a case plan to participate in a chemical dependency​ 255.27 treatment program;​ 255.28 (C) the treatment programs offered to the parent were culturally, linguistically, and​ 255.29 clinically appropriate;​ 255.30 (D) the parent has either failed two or more times to successfully complete a treatment​ 255.31 program or has refused at two or more separate meetings with a caseworker to participate​ 255.32 in a treatment program; and​ 255​ Article 18 Sec. 38.​ REVISOR CR H5237-4​ HF5237 FOURTH ENGROSSMENT​ 256.1 (E) the parent continues to abuse chemicals.​ 256.2 (6) (5) that a child has experienced egregious harm in the parent's care which that is of​ 256.3 a nature, duration, or chronicity that indicates a lack of regard for the child's well-being,​ 256.4 such that a reasonable person would believe it contrary to the best interest of the child or​ 256.5 of any child to be in the parent's care;​ 256.6 (7) (6) that in the case of a child born to a mother who was not married to the child's​ 256.7 father when the child was conceived nor when the child was born the person is not entitled​ 256.8 to notice of an adoption hearing under section 259.49 and the person has not registered with​ 256.9 the fathers' adoption registry under section 259.52;​ 256.10 (8) (7) that the child is neglected and in foster care; or​ 256.11 (9) (8) that the parent has been convicted of a crime listed in section 260.012, paragraph​ 256.12 (g), clauses (1) to (5).​ 256.13 In an action involving an American Indian child, sections 260.751 to 260.835 and the​ 256.14 Indian Child Welfare Act, United States Code, title 25, sections 1901 to 1923, control to​ 256.15 the extent that the provisions of this section are inconsistent with those laws.​ 256.16 Sec. 39. Minnesota Statutes 2022, section 260C.515, subdivision 4, is amended to read:​ 256.17 Subd. 4. Transfer of permanent legal and physical custody to relative. (a) The court​ 256.18 may order a transfer of permanent legal and physical custody to:​ 256.19 (1) a parent. The court must find that the parent understands a transfer of permanent​ 256.20 legal and physical custody includes permanent, ongoing responsibility for the protection,​ 256.21 education, care, and control of the child and decision making on behalf of the child until​ 256.22 adulthood; or​ 256.23 (2) a fit and willing relative in the best interests of the child according to the following​ 256.24 requirements: in paragraph (b).​ 256.25 (1) (b) An order for transfer of permanent legal and physical custody to a relative shall​ 256.26 must only be made after the court has reviewed the suitability of the prospective legal and​ 256.27 physical custodian;, including a summary of information obtained from required background​ 256.28 studies under section 245C.33 or 260C.209, if the court finds the permanency disposition​ 256.29 to be in the child's best interests.​ 256.30 (2) In transferring permanent legal and physical custody to a relative, the juvenile court​ 256.31 shall follow the standards applicable under this chapter and chapter 260, and the procedures​ 256​ Article 18 Sec. 39.​ REVISOR CR H5237-4​ HF5237 FOURTH ENGROSSMENT​ 257.1 in the Minnesota Rules of Juvenile Protection Procedure;. The court must issue written​ 257.2 findings that include the following:​ 257.3 (1) the prospective legal and physical custodian understands that:​ 257.4 (3) (i) a transfer of permanent legal and physical custody includes permanent, ongoing​ 257.5 responsibility for the protection, education, care, and control of the child and decision​ 257.6 making on behalf of the child until adulthood; and​ 257.7 (4) (ii) a permanent legal and physical custodian may shall not return a child to the​ 257.8 permanent care of a parent from whom the court removed custody without the court's​ 257.9 approval and without notice to the responsible social services agency;​ 257.10 (2) transfer of permanent legal and physical custody and receipt of Northstar kinship​ 257.11 assistance under chapter 256N, when requested and the child is eligible, are in the child's​ 257.12 best interests;​ 257.13 (3) when the agency files the petition under paragraph (c) or supports the petition filed​ 257.14 under paragraph (d), adoption is not in the child's best interests based on the determinations​ 257.15 in the kinship placement agreement required under section 256N.22, subdivision 2;​ 257.16 (4) the agency made efforts to discuss adoption with the child's parent or parents, or the​ 257.17 agency did not make efforts to discuss adoption and the reasons why efforts were not made;​ 257.18 and​ 257.19 (5) there are reasons to separate siblings during placement, if applicable.​ 257.20 (5) (c) The responsible social services agency may file a petition naming a fit and willing​ 257.21 relative as a proposed permanent legal and physical custodian. A petition for transfer of​ 257.22 permanent legal and physical custody to a relative who is not a parent shall include facts​ 257.23 upon which the court can determine suitability of the proposed custodian, including a​ 257.24 summary of results from required background studies completed under section 245C.33.​ 257.25 The petition must be accompanied by a kinship placement agreement under section 256N.22,​ 257.26 subdivision 2, between the agency and proposed permanent legal and physical custodian;.​ 257.27 (6) (d) Another party to the permanency proceeding regarding the child may file a petition​ 257.28 to transfer permanent legal and physical custody to a relative. The petition must include​ 257.29 facts upon which the court can make the determination determinations required under clause​ 257.30 (7) and paragraph (b), including suitability of the proposed custodian and, if completed, a​ 257.31 summary of results from required background studies completed under section 245C.33 or​ 257.32 260C.209. If background studies have not been completed at the time of filing the petition,​ 257.33 they must be completed and a summary of results provided to the court prior to the court​ 257​ Article 18 Sec. 39.​ REVISOR CR H5237-4​ HF5237 FOURTH ENGROSSMENT​ 258.1 granting the petition or finalizing the order according to paragraph (e). The petition must​ 258.2 be filed not no later than the date for the required admit-deny hearing under section 260C.507;​ 258.3 or if the agency's petition is filed under section 260C.503, subdivision 2, the petition must​ 258.4 be filed not later than 30 days prior to the trial required under section 260C.509;.​ 258.5 (7) where a petition is for transfer of permanent legal and physical custody to a relative​ 258.6 who is not a parent, the court must find that:​ 258.7 (i) transfer of permanent legal and physical custody and receipt of Northstar kinship​ 258.8 assistance under chapter 256N, when requested and the child is eligible, are in the child's​ 258.9 best interests;​ 258.10 (ii) adoption is not in the child's best interests based on the determinations in the kinship​ 258.11 placement agreement required under section 256N.22, subdivision 2;​ 258.12 (iii) the agency made efforts to discuss adoption with the child's parent or parents, or​ 258.13 the agency did not make efforts to discuss adoption and the reasons why efforts were not​ 258.14 made; and​ 258.15 (iv) there are reasons to separate siblings during placement, if applicable;​ 258.16 (8) (e) The court may:​ 258.17 (1) defer finalization of an order transferring permanent legal and physical custody to a​ 258.18 relative when deferring finalization is necessary to determine eligibility for Northstar kinship​ 258.19 assistance under chapter 256N;​ 258.20 (9) the court may (2) finalize a permanent transfer of permanent legal and physical and​ 258.21 legal custody to a relative regardless of eligibility for Northstar kinship assistance under​ 258.22 chapter 256N, provided that the court has reviewed the suitability of the proposed custodian,​ 258.23 including the summary of background study results, consistent with paragraph (b); and​ 258.24 (10) the juvenile court may (3) following a transfer of permanent legal and physical​ 258.25 custody to a relative, maintain jurisdiction over the responsible social services agency, the​ 258.26 parents or guardian of the child, the child, and the permanent legal and physical custodian​ 258.27 for purposes of ensuring appropriate services are delivered to the child and permanent legal​ 258.28 custodian for the purpose of ensuring conditions ordered by the court related to the care and​ 258.29 custody of the child are met.​ 258.30 Sec. 40. Minnesota Statutes 2022, section 260C.607, subdivision 1, is amended to read:​ 258.31 Subdivision 1. Review hearings. (a) The court shall conduct a review of the responsible​ 258.32 social services agency's reasonable efforts to finalize adoption for any child under the​ 258​ Article 18 Sec. 40.​ REVISOR CR H5237-4​ HF5237 FOURTH ENGROSSMENT​ 259.1 guardianship of the commissioner and of the progress of the case toward adoption at least​ 259.2 every 90 days after the court issues an order that the commissioner is the guardian of the​ 259.3 child.​ 259.4 (b) The review of progress toward adoption shall continue notwithstanding that an appeal​ 259.5 is made of the order for guardianship or termination of parental rights.​ 259.6 (c) The agency's reasonable efforts to finalize the adoption must continue during the​ 259.7 pendency of the appeal under paragraph (b) or subdivision 6, paragraph (h), and all progress​ 259.8 toward adoption shall continue except that the court may not finalize an adoption while the​ 259.9 appeal is pending.​ 259.10 Sec. 41. Minnesota Statutes 2022, section 260C.607, subdivision 6, is amended to read:​ 259.11 Subd. 6. Motion and hearing to order adoptive placement. (a) At any time after the​ 259.12 district court orders the child under the guardianship of the commissioner of human services,​ 259.13 but not later than 30 days after receiving notice required under section 260C.613, subdivision​ 259.14 1, paragraph (c), that the agency has made an adoptive placement, a relative or the child's​ 259.15 foster parent may file a motion for an order for adoptive placement of a child who is under​ 259.16 the guardianship of the commissioner if the relative or the child's foster parent:​ 259.17 (1) has an adoption home study under section 259.41 or 260C.611 approving the relative​ 259.18 or foster parent for adoption. If the relative or foster parent does not have an adoption home​ 259.19 study, an affidavit attesting to efforts to complete an adoption home study may be filed with​ 259.20 the motion instead. The affidavit must be signed by the relative or foster parent and the​ 259.21 responsible social services agency or licensed child-placing agency completing the adoption​ 259.22 home study. The relative or foster parent must also have been a resident of Minnesota for​ 259.23 at least six months before filing the motion; the court may waive the residency requirement​ 259.24 for the moving party if there is a reasonable basis to do so; or​ 259.25 (2) is not a resident of Minnesota, but has an approved adoption home study by an agency​ 259.26 licensed or approved to complete an adoption home study in the state of the individual's​ 259.27 residence and the study is filed with the motion for adoptive placement. If the relative or​ 259.28 foster parent does not have an adoption home study in the relative or foster parent's state​ 259.29 of residence, an affidavit attesting to efforts to complete an adoption home study may be​ 259.30 filed with the motion instead. The affidavit must be signed by the relative or foster parent​ 259.31 and the agency completing the adoption home study.​ 259.32 (b) The motion shall must be filed with the court conducting reviews of the child's​ 259.33 progress toward adoption under this section. The motion and supporting documents must​ 259​ Article 18 Sec. 41.​ REVISOR CR H5237-4​ HF5237 FOURTH ENGROSSMENT​ 260.1 make a prima facie showing that the agency has been unreasonable in failing to make the​ 260.2 requested adoptive placement. The motion must be served according to the requirements​ 260.3 for motions under the Minnesota Rules of Juvenile Protection Procedure and shall must be​ 260.4 made on all individuals and entities listed in subdivision 2.​ 260.5 (c) If the motion and supporting documents do not make a prima facie showing for the​ 260.6 court to determine whether the agency has been unreasonable in failing to make the requested​ 260.7 adoptive placement, the court shall dismiss the motion. If the court determines a prima facie​ 260.8 basis is made, the court shall set the matter for evidentiary hearing.​ 260.9 (d) At the evidentiary hearing, the responsible social services agency shall proceed first​ 260.10 with evidence about the reason for not making the adoptive placement proposed by the​ 260.11 moving party. When the agency presents evidence regarding the child's current relationship​ 260.12 with the identified adoptive placement resource, the court must consider the agency's efforts​ 260.13 to support the child's relationship with the moving party consistent with section 260C.221.​ 260.14 The moving party then has the burden of proving by a preponderance of the evidence that​ 260.15 the agency has been unreasonable in failing to make the adoptive placement.​ 260.16 (e) The court shall review and enter findings regarding whether the agency, in making​ 260.17 an adoptive placement decision for the child:​ 260.18 (1) considered relatives for adoptive placement in the order specified under section​ 260.19 260C.212, subdivision 2, paragraph (a); and​ 260.20 (2) assessed how the identified adoptive placement resource and the moving party are​ 260.21 each able to meet the child's current and future needs, based on an individualized​ 260.22 determination of the child's needs, as required under sections 260C.212, subdivision 2, and​ 260.23 260C.613, subdivision 1, paragraph (b).​ 260.24 (f) At the conclusion of the evidentiary hearing, if the court finds that the agency has​ 260.25 been unreasonable in failing to make the adoptive placement and that the moving party is​ 260.26 the most suitable adoptive home to meet the child's needs using the factors in section​ 260.27 260C.212, subdivision 2, paragraph (b), the court may:​ 260.28 (1) order the responsible social services agency to make an adoptive placement in the​ 260.29 home of the moving party if the moving party has an approved adoption home study; or​ 260.30 (2) order the responsible social services agency to place the child in the home of the​ 260.31 moving party upon approval of an adoption home study. The agency must promote and​ 260.32 support the child's ongoing visitation and contact with the moving party until the child is​ 260.33 placed in the moving party's home. The agency must provide an update to the court after​ 260​ Article 18 Sec. 41.​ REVISOR CR H5237-4​ HF5237 FOURTH ENGROSSMENT​ 261.1 90 days, including progress and any barriers encountered. If the moving party does not have​ 261.2 an approved adoption home study within 180 days, the moving party and the agency must​ 261.3 inform the court of any barriers to obtaining the approved adoption home study during a​ 261.4 review hearing under this section. If the court finds that the moving party is unable to obtain​ 261.5 an approved adoption home study, the court must dismiss the order for adoptive placement​ 261.6 under this subdivision and order the agency to continue making reasonable efforts to finalize​ 261.7 the adoption of the child as required under section 260C.605.​ 261.8 (g) If, in order to ensure that a timely adoption may occur, the court orders the responsible​ 261.9 social services agency to make an adoptive placement under this subdivision, the agency​ 261.10 shall:​ 261.11 (1) make reasonable efforts to obtain a fully executed adoption placement agreement,​ 261.12 including assisting the moving party with the adoption home study process;​ 261.13 (2) work with the moving party regarding eligibility for adoption assistance as required​ 261.14 under chapter 256N; and​ 261.15 (3) if the moving party is not a resident of Minnesota, timely refer the matter for approval​ 261.16 of the adoptive placement through the Interstate Compact on the Placement of Children.​ 261.17 (h) Denial or granting of a motion for an order for adoptive placement after an evidentiary​ 261.18 hearing is an order which that may be appealed by the responsible social services agency,​ 261.19 the moving party, the child, when age ten or over, the child's guardian ad litem, and any​ 261.20 individual who had a fully executed adoption placement agreement regarding the child at​ 261.21 the time the motion was filed if the court's order has the effect of terminating the adoption​ 261.22 placement agreement. An appeal shall must be conducted according to the requirements of​ 261.23 the Rules of Juvenile Protection Procedure. Pursuant to subdivision 1, paragraph (c), the​ 261.24 court shall not finalize an adoption while an appeal is pending.​ 261.25 Sec. 42. Minnesota Statutes 2022, section 260C.611, is amended to read:​ 261.26 260C.611 ADOPTION STUDY REQUIRED.​ 261.27 (a) An adoption study under section 259.41 approving placement of the child in the​ 261.28 home of the prospective adoptive parent shall must be completed before placing any child​ 261.29 under the guardianship of the commissioner in a home for adoption. If a prospective adoptive​ 261.30 parent has a current child foster care license under chapter 245A and is seeking to adopt a​ 261.31 foster child who is placed in the prospective adoptive parent's home and is under the​ 261.32 guardianship of the commissioner according to section 260C.325, subdivision 1, the child​ 261​ Article 18 Sec. 42.​ REVISOR CR H5237-4​ HF5237 FOURTH ENGROSSMENT​ 262.1 foster care home study meets the requirements of this section for an approved adoption​ 262.2 home study if:​ 262.3 (1) the written home study on which the foster care license was based is completed in​ 262.4 the commissioner's designated format, consistent with the requirements in sections 259.41,​ 262.5 subdivision 2; and 260C.215, subdivision 4, clause (5); and Minnesota Rules, part 2960.3060,​ 262.6 subpart 4;​ 262.7 (2) the background studies on each prospective adoptive parent and all required household​ 262.8 members were completed according to section 245C.33;​ 262.9 (3) the commissioner has not issued, within the last three years, a sanction on the license​ 262.10 under section 245A.07 or an order of a conditional license under section 245A.06 within​ 262.11 the last three years, or the commissioner has determined it to be in the child's best interests​ 262.12 to allow the child foster care home study to meet requirements of an approved adoption​ 262.13 home study upon review of the legally responsible agency's adoptive placement decision;​ 262.14 and​ 262.15 (4) the legally responsible agency determines that the individual needs of the child are​ 262.16 being met by the prospective adoptive parent through an assessment under section 256N.24,​ 262.17 subdivision 2, or a documented placement decision consistent with section 260C.212,​ 262.18 subdivision 2.​ 262.19 (b) If a prospective adoptive parent has previously held a foster care license or adoptive​ 262.20 home study, any update necessary to the foster care license, or updated or new adoptive​ 262.21 home study, if not completed by the licensing authority responsible for the previous license​ 262.22 or home study, shall include collateral information from the previous licensing or approving​ 262.23 agency, if available.​ 262.24 Sec. 43. Minnesota Statutes 2022, section 260C.613, subdivision 1, is amended to read:​ 262.25 Subdivision 1. Adoptive placement decisions. (a) The responsible social services agency​ 262.26 has exclusive authority to make an adoptive placement of decision for a child under the​ 262.27 guardianship of the commissioner. The child shall be considered is legally placed for adoption​ 262.28 when the adopting parent, the agency, and the commissioner have fully executed an adoption​ 262.29 placement agreement on the form prescribed by the commissioner.​ 262.30 (b) The responsible social services agency shall use an individualized determination of​ 262.31 the child's current and future needs, pursuant to section 260C.212, subdivision 2, paragraph​ 262.32 (b), to determine the most suitable adopting parent for the child in the child's best interests.​ 262​ Article 18 Sec. 43.​ REVISOR CR H5237-4​ HF5237 FOURTH ENGROSSMENT​ 263.1 The responsible social services agency must consider adoptive placement of the child with​ 263.2 relatives in the order specified in section 260C.212, subdivision 2, paragraph (a).​ 263.3 (c) The responsible social services agency shall notify the court and parties entitled to​ 263.4 notice under section 260C.607, subdivision 2, when there is a fully executed adoption​ 263.5 placement agreement for the child.​ 263.6 (d) Pursuant to section 260C.615, subdivision 1, paragraph (b), clause (4), the responsible​ 263.7 social services agency shall immediately notify the commissioner if the agency learns of​ 263.8 any new or previously undisclosed criminal or maltreatment information involving an​ 263.9 adoptive placement of a child under guardianship of the commissioner.​ 263.10 (d) (e) In the event a party to an adoption placement agreement terminates the agreement,​ 263.11 the responsible social services agency shall notify the court, the parties entitled to notice​ 263.12 under section 260C.607, subdivision 2, and the commissioner that the agreement and the​ 263.13 adoptive placement have terminated.​ 263.14 Sec. 44. Minnesota Statutes 2022, section 260C.615, subdivision 1, is amended to read:​ 263.15 Subdivision 1. Duties. (a) For any child who is under the guardianship of the​ 263.16 commissioner, the commissioner has the exclusive rights to consent to:​ 263.17 (1) the medical care plan for the treatment of a child who is at imminent risk of death​ 263.18 or who has a chronic disease that, in a physician's judgment, will result in the child's death​ 263.19 in the near future including a physician's order not to resuscitate or intubate the child; and​ 263.20 (2) the child donating a part of the child's body to another person while the child is living;​ 263.21 the decision to donate a body part under this clause shall take into consideration the child's​ 263.22 wishes and the child's culture.​ 263.23 (b) In addition to the exclusive rights under paragraph (a), the commissioner has a duty​ 263.24 to:​ 263.25 (1) process any complete and accurate request for home study and placement through​ 263.26 the Interstate Compact on the Placement of Children under section 260.851;​ 263.27 (2) process any complete and accurate application for adoption assistance forwarded by​ 263.28 the responsible social services agency according to chapter 256N;​ 263.29 (3) review and process an adoption placement agreement forwarded to the commissioner​ 263.30 by the responsible social services agency and return it to the agency in a timely fashion;​ 263.31 and​ 263​ Article 18 Sec. 44.​ REVISOR CR H5237-4​ HF5237 FOURTH ENGROSSMENT​ 264.1 (4) review new or previously undisclosed information received from the agency or other​ 264.2 individuals or entities that may impact the health, safety, or well-being of a child who is​ 264.3 the subject of a fully executed adoption placement agreement; and​ 264.4 (4) (5) maintain records as required in chapter 259.​ 264.5 Sec. 45. Minnesota Statutes 2022, section 260E.03, subdivision 23, as amended by Laws​ 264.6 2024, chapter 80, article 8, section 33, is amended to read:​ 264.7 Subd. 23. Threatened injury. (a) "Threatened injury" means a statement, overt act,​ 264.8 condition, or status that represents a substantial risk of physical or sexual abuse or mental​ 264.9 injury.​ 264.10 (b) Threatened injury includes, but is not limited to, exposing a child to a person​ 264.11 responsible for the child's care, as defined in subdivision 17, who has:​ 264.12 (1) subjected a child to, or failed to protect a child from, an overt act or condition that​ 264.13 constitutes egregious harm under subdivision 5 or a similar law of another jurisdiction;​ 264.14 (2) been found to be palpably unfit under section 260C.301, subdivision 1, paragraph​ 264.15 (b), clause (4), or a similar law of another jurisdiction;​ 264.16 (3) committed an act that resulted in an involuntary termination of parental rights under​ 264.17 section 260C.301, or a similar law of another jurisdiction; or​ 264.18 (4) committed an act that resulted in the involuntary transfer of permanent legal and​ 264.19 physical custody of a child to a relative or parent under section 260C.515, subdivision 4,​ 264.20 or a similar law of another jurisdiction.​ 264.21 (c) A child is the subject of a report of threatened injury when the local welfare agency​ 264.22 receives birth match data under section 260E.14, subdivision 4, from the Department of​ 264.23 Human Services.​ 264.24 Sec. 46. Minnesota Statutes 2022, section 393.07, subdivision 10a, is amended to read:​ 264.25 Subd. 10a. Expedited issuance of SNAP benefits. The commissioner of human services​ 264.26 shall continually monitor the expedited issuance of SNAP benefits to ensure that each county​ 264.27 complies with federal regulations and that households eligible for expedited issuance of​ 264.28 SNAP benefits are identified, processed, and certified within the time frames prescribed in​ 264.29 federal regulations.​ 264​ Article 18 Sec. 46.​ REVISOR CR H5237-4​ HF5237 FOURTH ENGROSSMENT​ 265.1 County SNAP benefits offices shall screen applicants on the day of application.​ 265.2 Applicants who meet the federal criteria for expedited issuance and have an immediate need​ 265.3 for food assistance shall receive within five working days the issuance of SNAP benefits.​ 265.4 The local SNAP agency shall conspicuously post in each SNAP office a notice of the​ 265.5 availability of and the procedure for applying for expedited issuance and verbally advise​ 265.6 each applicant of the availability of the expedited process.​ 265.7 Sec. 47. Minnesota Statutes 2022, section 518.17, is amended by adding a subdivision to​ 265.8 read:​ 265.9 Subd. 2a. Parents with disabilities. (a) A court shall not deny nor restrict a parent's​ 265.10 parenting time or custody due to the parent's disability. A party raising disability as a basis​ 265.11 for denying or restricting parenting time has the burden to prove by clear and convincing​ 265.12 evidence that a parent's specific behaviors during parenting time would endanger the health​ 265.13 or safety of the child. If the party meets the burden, a parent with a disability shall have the​ 265.14 opportunity to demonstrate how implementing supportive services can alleviate any concerns.​ 265.15 The court may require a parent with a disability to use supportive parenting services to​ 265.16 facilitate parenting time.​ 265.17 (b) If a court denies or limits the right of a parent with a disability to custody of a child​ 265.18 or visitation with a child, the court shall make specific written findings stating the basis for​ 265.19 the denial or limitation and why providing supportive parenting services is not a reasonable​ 265.20 accommodation that could prevent denying or limiting the parent's custody or parenting​ 265.21 time.​ 265.22 (c) For purposes of this subdivision, "disability" and "supportive parenting services"​ 265.23 have the meanings given in section 260C.141, subdivision 1a.​ 265.24 EFFECTIVE DATE. This section is effective August 1, 2024, and applies to pleadings​ 265.25 and motions pending on or after that date.​ 265.26 ARTICLE 19​ 265.27 DEPARTMENT OF HUMAN SERVICES POLICY​ 265.28 Section 1. Minnesota Statutes 2023 Supplement, section 13.46, subdivision 4, as amended​ 265.29 by Laws 2024, chapter 80, article 8, section 4, is amended to read:​ 265.30 Subd. 4. Licensing data. (a) As used in this subdivision:​ 265.31 (1) "licensing data" are all data collected, maintained, used, or disseminated by the​ 265.32 welfare system pertaining to persons licensed or registered or who apply for licensure or​ 265​ Article 19 Section 1.​ REVISOR CR H5237-4​ HF5237 FOURTH ENGROSSMENT​ 266.1 registration or who formerly were licensed or registered under the authority of the​ 266.2 commissioner of human services;​ 266.3 (2) "client" means a person who is receiving services from a licensee or from an applicant​ 266.4 for licensure; and​ 266.5 (3) "personal and personal financial data" are Social Security numbers, identity of and​ 266.6 letters of reference, insurance information, reports from the Bureau of Criminal​ 266.7 Apprehension, health examination reports, and social/home studies.​ 266.8 (b)(1)(i) Except as provided in paragraph (c), the following data on applicants, license​ 266.9 holders, certification holders, and former licensees are public: name, address, telephone​ 266.10 number of licensees, email addresses except for family child foster care, date of receipt of​ 266.11 a completed application, dates of licensure, licensed capacity, type of client preferred,​ 266.12 variances granted, record of training and education in child care and child development,​ 266.13 type of dwelling, name and relationship of other family members, previous license history,​ 266.14 class of license, the existence and status of complaints, and the number of serious injuries​ 266.15 to or deaths of individuals in the licensed program as reported to the commissioner of human​ 266.16 services; the commissioner of children, youth, and families; the local social services agency;​ 266.17 or any other county welfare agency. For purposes of this clause, a serious injury is one that​ 266.18 is treated by a physician.​ 266.19 (ii) Except as provided in item (v), when a correction order, an order to forfeit a fine,​ 266.20 an order of license suspension, an order of temporary immediate suspension, an order of​ 266.21 license revocation, an order of license denial, or an order of conditional license has been​ 266.22 issued, or a complaint is resolved, the following data on current and former licensees and​ 266.23 applicants are public: the general nature of the complaint or allegations leading to the​ 266.24 temporary immediate suspension; the substance and investigative findings of the licensing​ 266.25 or maltreatment complaint, licensing violation, or substantiated maltreatment; the existence​ 266.26 of settlement negotiations; the record of informal resolution of a licensing violation; orders​ 266.27 of hearing; findings of fact; conclusions of law; specifications of the final correction order,​ 266.28 fine, suspension, temporary immediate suspension, revocation, denial, or conditional license​ 266.29 contained in the record of licensing action; whether a fine has been paid; and the status of​ 266.30 any appeal of these actions.​ 266.31 (iii) When a license denial under section 142A.15 or 245A.05 or a sanction under section​ 266.32 142B.18 or 245A.07 is based on a determination that a license holder, applicant, or controlling​ 266.33 individual is responsible for maltreatment under section 626.557 or chapter 260E, the identity​ 266​ Article 19 Section 1.​ REVISOR CR H5237-4​ HF5237 FOURTH ENGROSSMENT​ 267.1 of the applicant, license holder, or controlling individual as the individual responsible for​ 267.2 maltreatment is public data at the time of the issuance of the license denial or sanction.​ 267.3 (iv) When a license denial under section 142A.15 or 245A.05 or a sanction under section​ 267.4 142B.18 or 245A.07 is based on a determination that a license holder, applicant, or controlling​ 267.5 individual is disqualified under chapter 245C, the identity of the license holder, applicant,​ 267.6 or controlling individual as the disqualified individual is public data at the time of the​ 267.7 issuance of the licensing sanction or denial. If the applicant, license holder, or controlling​ 267.8 individual requests reconsideration of the disqualification and the disqualification is affirmed,​ 267.9 the reason for the disqualification and the reason to not set aside the disqualification are​ 267.10 private data.​ 267.11 (v) A correction order or fine issued to a child care provider for a licensing violation is​ 267.12 private data on individuals under section 13.02, subdivision 12, or nonpublic data under​ 267.13 section 13.02, subdivision 9, if the correction order or fine is seven years old or older.​ 267.14 (2) For applicants who withdraw their application prior to licensure or denial of a license,​ 267.15 the following data are public: the name of the applicant, the city and county in which the​ 267.16 applicant was seeking licensure, the dates of the commissioner's receipt of the initial​ 267.17 application and completed application, the type of license sought, and the date of withdrawal​ 267.18 of the application.​ 267.19 (3) For applicants who are denied a license, the following data are public: the name and​ 267.20 address of the applicant, the city and county in which the applicant was seeking licensure,​ 267.21 the dates of the commissioner's receipt of the initial application and completed application,​ 267.22 the type of license sought, the date of denial of the application, the nature of the basis for​ 267.23 the denial, the existence of settlement negotiations, the record of informal resolution of a​ 267.24 denial, orders of hearings, findings of fact, conclusions of law, specifications of the final​ 267.25 order of denial, and the status of any appeal of the denial.​ 267.26 (4) When maltreatment is substantiated under section 626.557 or chapter 260E and the​ 267.27 victim and the substantiated perpetrator are affiliated with a program licensed under chapter​ 267.28 142B or 245A; the commissioner of human services; commissioner of children, youth, and​ 267.29 families; local social services agency; or county welfare agency may inform the license​ 267.30 holder where the maltreatment occurred of the identity of the substantiated perpetrator and​ 267.31 the victim.​ 267.32 (5) Notwithstanding clause (1), for child foster care, only the name of the license holder​ 267.33 and the status of the license are public if the county attorney has requested that data otherwise​ 267​ Article 19 Section 1.​ REVISOR CR H5237-4​ HF5237 FOURTH ENGROSSMENT​ 268.1 classified as public data under clause (1) be considered private data based on the best interests​ 268.2 of a child in placement in a licensed program.​ 268.3 (c) The following are private data on individuals under section 13.02, subdivision 12,​ 268.4 or nonpublic data under section 13.02, subdivision 9: personal and personal financial data​ 268.5 on family day care program and family foster care program applicants and licensees and​ 268.6 their family members who provide services under the license.​ 268.7 (d) The following are private data on individuals: the identity of persons who have made​ 268.8 reports concerning licensees or applicants that appear in inactive investigative data, and the​ 268.9 records of clients or employees of the licensee or applicant for licensure whose records are​ 268.10 received by the licensing agency for purposes of review or in anticipation of a contested​ 268.11 matter. The names of reporters of complaints or alleged violations of licensing standards​ 268.12 under chapters 142B, 245A, 245B, 245C, and 245D, and applicable rules and alleged​ 268.13 maltreatment under section 626.557 and chapter 260E, are confidential data and may be​ 268.14 disclosed only as provided in section 260E.21, subdivision 4; 260E.35; or 626.557,​ 268.15 subdivision 12b.​ 268.16 (e) Data classified as private, confidential, nonpublic, or protected nonpublic under this​ 268.17 subdivision become public data if submitted to a court or administrative law judge as part​ 268.18 of a disciplinary proceeding in which there is a public hearing concerning a license which​ 268.19 has been suspended, immediately suspended, revoked, or denied.​ 268.20 (f) Data generated in the course of licensing investigations that relate to an alleged​ 268.21 violation of law are investigative data under subdivision 3.​ 268.22 (g) Data that are not public data collected, maintained, used, or disseminated under this​ 268.23 subdivision that relate to or are derived from a report as defined in section 260E.03, or​ 268.24 626.5572, subdivision 18, are subject to the destruction provisions of sections 260E.35,​ 268.25 subdivision 6, and 626.557, subdivision 12b.​ 268.26 (h) Upon request, not public data collected, maintained, used, or disseminated under​ 268.27 this subdivision that relate to or are derived from a report of substantiated maltreatment as​ 268.28 defined in section 626.557 or chapter 260E may be exchanged with the Department of​ 268.29 Health for purposes of completing background studies pursuant to section 144.057 and with​ 268.30 the Department of Corrections for purposes of completing background studies pursuant to​ 268.31 section 241.021.​ 268.32 (i) Data on individuals collected according to licensing activities under chapters 142B,​ 268.33 245A, and 245C, data on individuals collected by the commissioner of human services​ 268.34 according to investigations under section 626.557 and chapters 142B, 245A, 245B, 245C,​ 268​ Article 19 Section 1.​ REVISOR CR H5237-4​ HF5237 FOURTH ENGROSSMENT​ 269.1 245D, and 260E may be shared with the Department of Human Rights, the Department of​ 269.2 Health, the Department of Corrections, the ombudsman for mental health and developmental​ 269.3 disabilities, and the individual's professional regulatory board when there is reason to believe​ 269.4 that laws or standards under the jurisdiction of those agencies may have been violated or​ 269.5 the information may otherwise be relevant to the board's regulatory jurisdiction. Background​ 269.6 study data on an individual who is the subject of a background study under chapter 245C​ 269.7 for a licensed service for which the commissioner of human services or children, youth,​ 269.8 and families is the license holder may be shared with the commissioner and the​ 269.9 commissioner's delegate by the licensing division. Unless otherwise specified in this chapter,​ 269.10 the identity of a reporter of alleged maltreatment or licensing violations may not be disclosed.​ 269.11 (j) In addition to the notice of determinations required under sections 260E.24,​ 269.12 subdivisions 5 and 7, and 260E.30, subdivision 6, paragraphs (b), (c), (d), (e), and (f), if the​ 269.13 commissioner of children, youth, and families or the local social services agency has​ 269.14 determined that an individual is a substantiated perpetrator of maltreatment of a child based​ 269.15 on sexual abuse, as defined in section 260E.03, and the commissioner or local social services​ 269.16 agency knows that the individual is a person responsible for a child's care in another facility,​ 269.17 the commissioner or local social services agency shall notify the head of that facility of this​ 269.18 determination. The notification must include an explanation of the individual's available​ 269.19 appeal rights and the status of any appeal. If a notice is given under this paragraph, the​ 269.20 government entity making the notification shall provide a copy of the notice to the individual​ 269.21 who is the subject of the notice.​ 269.22 (k) All not public data collected, maintained, used, or disseminated under this subdivision​ 269.23 and subdivision 3 may be exchanged between the Department of Human Services, Licensing​ 269.24 Division, and the Department of Corrections for purposes of regulating services for which​ 269.25 the Department of Human Services and the Department of Corrections have regulatory​ 269.26 authority.​ 269.27 EFFECTIVE DATE. This section is effective January 1, 2025.​ 269.28 Sec. 2. [142C.18] CHILDREN'S RECORDS.​ 269.29 (a) A certification holder must maintain a record for each child enrolled in the certification​ 269.30 holder's program. The record must contain:​ 269.31 (1) the child's full name, birth date, and home address;​ 269.32 (2) the name and telephone number of the child's parents or legal guardians;​ 269​ Article 19 Sec. 2.​ REVISOR CR H5237-4​ HF5237 FOURTH ENGROSSMENT​ 270.1 (3) the name and telephone number of at least one emergency contact person other than​ 270.2 the child's parents who can be reached in an emergency or when there is an injury requiring​ 270.3 medical attention and who is authorized to pick up the child; and​ 270.4 (4) the names and telephone numbers of any additional persons authorized by the parents​ 270.5 or legal guardians to pick up the child from the center.​ 270.6 (b) The certification holder must maintain in the child's record and ensure that during​ 270.7 all hours of operation staff can access the following information:​ 270.8 (1) immunization information as required under section 121A.15 and Minnesota Rules,​ 270.9 chapter 4604;​ 270.10 (2) medication administration documentation as required under section 142C.11,​ 270.11 subdivision 3; and​ 270.12 (3) documentation of any known allergy as required under section 142C.11, subdivision​ 270.13 4.​ 270.14 EFFECTIVE DATE. This section is effective October 1, 2024.​ 270.15 Sec. 3. Minnesota Statutes 2023 Supplement, section 245A.02, subdivision 2c, is amended​ 270.16 to read:​ 270.17 Subd. 2c. Annual or annually; family child care and family child foster care. For​ 270.18 the purposes of family child care under sections 245A.50 to 245A.53 and family child foster​ 270.19 care training, "annual" or "annually" means each calendar year.​ 270.20 EFFECTIVE DATE. This section is effective January 1, 2025.​ 270.21 Sec. 4. Minnesota Statutes 2022, section 245A.04, subdivision 10, is amended to read:​ 270.22 Subd. 10. Adoption agency; additional requirements. In addition to the other​ 270.23 requirements of this section, an individual or organization applying for a license to place​ 270.24 children for adoption must:​ 270.25 (1) incorporate as a nonprofit corporation under chapter 317A;​ 270.26 (2) file with the application for licensure a copy of the disclosure form required under​ 270.27 section 259.37, subdivision 2;​ 270.28 (3) provide evidence that a bond has been obtained and will be continuously maintained​ 270.29 throughout the entire operating period of the agency, to cover the cost of transfer of records​ 270.30 to and storage of records by the agency which has agreed, according to rule established by​ 270​ Article 19 Sec. 4.​ REVISOR CR H5237-4​ HF5237 FOURTH ENGROSSMENT​ 271.1 the commissioner, to receive the applicant agency's records if the applicant agency voluntarily​ 271.2 or involuntarily ceases operation and fails to provide for proper transfer of the records. The​ 271.3 bond must be made in favor of the agency which has agreed to receive the records; and​ 271.4 (4) submit a certified audit financial review completed by an accountant to the​ 271.5 commissioner each year the license is renewed as required under section 245A.03, subdivision​ 271.6 1.​ 271.7 EFFECTIVE DATE. This section is effective January 1, 2025.​ 271.8 Sec. 5. Minnesota Statutes 2022, section 245A.14, subdivision 17, is amended to read:​ 271.9 Subd. 17. Reusable water bottles or cups. Notwithstanding any law to the contrary, a​ 271.10 licensed child care center may provide drinking water to a child in a reusable water bottle​ 271.11 or reusable cup if the center develops and ensures implementation of a written policy that​ 271.12 at a minimum includes the following procedures:​ 271.13 (1) each day the water bottle or cup is used, the child care center cleans and sanitizes​ 271.14 the water bottle or cup using procedures that comply with the Food Code under Minnesota​ 271.15 Rules, chapter 4626, or allows the child's parent or legal guardian to bring the water bottle​ 271.16 or cup home to be cleaned and sanitized each day the water bottle or cup is used;​ 271.17 (2) a water bottle or cup is assigned to a specific child and labeled with the child's first​ 271.18 and last name;​ 271.19 (3) water bottles and cups are stored in a manner that reduces the risk of a child using​ 271.20 the wrong water bottle or cup; and​ 271.21 (4) a water bottle or cup is used only for water.​ 271.22 Sec. 6. Minnesota Statutes 2023 Supplement, section 245A.16, subdivision 11, is amended​ 271.23 to read:​ 271.24 Subd. 11. Electronic checklist use by family child care licensors. County and private​ 271.25 agency staff who perform family child care delegated licensing functions must use the​ 271.26 commissioner's electronic licensing checklist in the manner prescribed by the commissioner.​ 271.27 EFFECTIVE DATE. This section is effective July 1, 2024.​ 271.28 Sec. 7. Minnesota Statutes 2022, section 245A.52, subdivision 2, is amended to read:​ 271.29 Subd. 2. Door to attached garage. Notwithstanding Minnesota Rules, part 9502.0425,​ 271.30 subpart 5, day care residences with an attached garage are not required to have a self-closing​ 271​ Article 19 Sec. 7.​ REVISOR CR H5237-4​ HF5237 FOURTH ENGROSSMENT​ 272.1 door to the residence. The door to the residence may be (a) If there is an opening between​ 272.2 an attached garage and a day care residence, there must be a door that is:​ 272.3 (1) a solid wood bonded-core door at least 1-3/8 inches thick;​ 272.4 (2) a steel insulated door if the door is at least 1-3/8 inches thick.; or​ 272.5 (3) a door with a fire protection rating of 20 minutes.​ 272.6 (b) The separation wall on the garage side between the residence and garage must consist​ 272.7 of 1/2-inch-thick gypsum wallboard or its equivalent.​ 272.8 Sec. 8. Minnesota Statutes 2022, section 245A.52, is amended by adding a subdivision to​ 272.9 read:​ 272.10 Subd. 8. Stairways. (a) All stairways must meet the requirements in this subdivision.​ 272.11 (b) Stairways of four or more steps must have handrails on at least one side.​ 272.12 (c) Any open area between the handrail and stair tread must be enclosed with a protective​ 272.13 guardrail as specified in the State Building Code. At open risers, openings located more​ 272.14 than 30 inches or 762 millimeters as measured vertically to the floor or grade below must​ 272.15 not permit the passage of a sphere four inches or 102 millimeters in diameter.​ 272.16 (d) Gates or barriers must be used when children aged six to 18 months are in care.​ 272.17 (e) Stairways must be well lit, in good repair, and free of clutter and obstructions.​ 272.18 Sec. 9. Minnesota Statutes 2022, section 245A.66, subdivision 2, is amended to read:​ 272.19 Subd. 2. Child care centers; risk reduction plan. (a) Child care centers licensed under​ 272.20 this chapter and Minnesota Rules, chapter 9503, must develop a risk reduction plan that​ 272.21 identifies the general risks to children served by the child care center. The license holder​ 272.22 must establish procedures to minimize identified risks, train staff on the procedures, and​ 272.23 annually review the procedures.​ 272.24 (b) The risk reduction plan must include an assessment of risk to children the center​ 272.25 serves or intends to serve and identify specific risks based on the outcome of the assessment.​ 272.26 The assessment of risk must be based on the following:​ 272.27 (1) an assessment of the risks presented by the physical plant where the licensed services​ 272.28 are provided, including an evaluation of the following factors: the condition and design of​ 272.29 the facility and its outdoor space, bathrooms, storage areas, and accessibility of medications​ 272​ Article 19 Sec. 9.​ REVISOR CR H5237-4​ HF5237 FOURTH ENGROSSMENT​ 273.1 and cleaning products that are harmful to children when children are not supervised and the​ 273.2 existence of areas that are difficult to supervise; and​ 273.3 (2) an assessment of the risks presented by the environment for each facility and for​ 273.4 each site, including an evaluation of the following factors: the type of grounds and terrain​ 273.5 surrounding the building and the proximity to hazards, busy roads, and publicly accessed​ 273.6 businesses.​ 273.7 (c) The risk reduction plan must include a statement of measures that will be taken to​ 273.8 minimize the risk of harm presented to children for each risk identified in the assessment​ 273.9 required under paragraph (b) related to the physical plant and environment. At a minimum,​ 273.10 the stated measures must include the development and implementation of specific policies​ 273.11 and procedures or reference to existing policies and procedures that minimize the risks​ 273.12 identified.​ 273.13 (d) In addition to any program-specific risks identified in paragraph (b), the plan must​ 273.14 include development and implementation of specific policies and procedures or refer to​ 273.15 existing policies and procedures that minimize the risk of harm or injury to children,​ 273.16 including:​ 273.17 (1) closing children's fingers in doors, including cabinet doors;​ 273.18 (2) leaving children in the community without supervision;​ 273.19 (3) children leaving the facility without supervision;​ 273.20 (4) caregiver dislocation of children's elbows;​ 273.21 (5) burns from hot food or beverages, whether served to children or being consumed by​ 273.22 caregivers, and the devices used to warm food and beverages;​ 273.23 (6) injuries from equipment, such as scissors and glue guns;​ 273.24 (7) sunburn;​ 273.25 (8) feeding children foods to which they are allergic;​ 273.26 (9) children falling from changing tables; and​ 273.27 (10) children accessing dangerous items or chemicals or coming into contact with residue​ 273.28 from harmful cleaning products.​ 273.29 (e) The plan shall prohibit the accessibility of hazardous items to children.​ 273​ Article 19 Sec. 9.​ REVISOR CR H5237-4​ HF5237 FOURTH ENGROSSMENT​ 274.1 (f) The plan must include specific policies and procedures to ensure adequate supervision​ 274.2 of children at all times as defined under section 245A.02, subdivision 18, with particular​ 274.3 emphasis on:​ 274.4 (1) times when children are transitioned from one area within the facility to another;​ 274.5 (2) nap-time supervision, including infant crib rooms as specified under section 245A.02,​ 274.6 subdivision 18, which requires that when an infant is placed in a crib to sleep, supervision​ 274.7 occurs when a staff person is within sight or hearing of the infant. When supervision of a​ 274.8 crib room is provided by sight or hearing, the center must have a plan to address the other​ 274.9 supervision components;​ 274.10 (3) child drop-off and pick-up times;​ 274.11 (4) supervision during outdoor play and on community activities, including but not​ 274.12 limited to field trips and neighborhood walks;​ 274.13 (5) supervision of children in hallways; and​ 274.14 (6) supervision of school-age children when using the restroom and visiting the child's​ 274.15 personal storage space.; and​ 274.16 (7) supervision of preschool children when using an individual, private restroom within​ 274.17 the classroom.​ 274.18 EFFECTIVE DATE. This section is effective August 1, 2024.​ 274.19 Sec. 10. Minnesota Statutes 2023 Supplement, section 245C.02, subdivision 6a, is amended​ 274.20 to read:​ 274.21 Subd. 6a. Child care background study subject. (a) "Child care background study​ 274.22 subject" means an individual who is affiliated with a licensed child care center, certified​ 274.23 license-exempt child care center, licensed family child care program, or legal nonlicensed​ 274.24 child care provider authorized under chapter 119B, and who is:​ 274.25 (1) employed by a child care provider for compensation;​ 274.26 (2) assisting in the care of a child for a child care provider;​ 274.27 (3) a person applying for licensure, certification, or enrollment;​ 274.28 (4) a controlling individual as defined in section 245A.02, subdivision 5a;​ 274.29 (5) an individual 13 years of age or older who lives in the household where the licensed​ 274.30 program will be provided and who is not receiving licensed services from the program;​ 274​ Article 19 Sec. 10.​ REVISOR CR H5237-4​ HF5237 FOURTH ENGROSSMENT​ 275.1 (6) an individual ten to 12 years of age who lives in the household where the licensed​ 275.2 services will be provided when the commissioner has reasonable cause as defined in section​ 275.3 245C.02, subdivision 15;​ 275.4 (7) an individual who, without providing direct contact services at a licensed program,​ 275.5 certified program, or program authorized under chapter 119B, may have unsupervised access​ 275.6 to a child receiving services from a program when the commissioner has reasonable cause​ 275.7 as defined in section 245C.02, subdivision 15; or​ 275.8 (8) a volunteer, contractor providing services for hire in the program, prospective​ 275.9 employee, or other individual who has unsupervised physical access to a child served by a​ 275.10 program and who is not under supervision by an individual listed in clause (1) or (5),​ 275.11 regardless of whether the individual provides program services.; or​ 275.12 (9) an authorized agent in a license-exempt certified child care center as defined in​ 275.13 section 142C.01, subdivision 3.​ 275.14 (b) Notwithstanding paragraph (a), an individual who is providing services that are not​ 275.15 part of the child care program is not required to have a background study if:​ 275.16 (1) the child receiving services is signed out of the child care program for the duration​ 275.17 that the services are provided;​ 275.18 (2) the licensed child care center, certified license-exempt child care center, licensed​ 275.19 family child care program, or legal nonlicensed child care provider authorized under chapter​ 275.20 119B has obtained advanced written permission from the parent authorizing the child to​ 275.21 receive the services, which is maintained in the child's record;​ 275.22 (3) the licensed child care center, certified license-exempt child care center, licensed​ 275.23 family child care program, or legal nonlicensed child care provider authorized under chapter​ 275.24 119B maintains documentation on site that identifies the individual service provider and​ 275.25 the services being provided; and​ 275.26 (4) the licensed child care center, certified license-exempt child care center, licensed​ 275.27 family child care program, or legal nonlicensed child care provider authorized under chapter​ 275.28 119B ensures that the service provider does not have unsupervised access to a child not​ 275.29 receiving the provider's services.​ 275.30 EFFECTIVE DATE. This section is effective October 1, 2024.​ 275​ Article 19 Sec. 10.​ REVISOR CR H5237-4​ HF5237 FOURTH ENGROSSMENT​ 276.1 Sec. 11. Minnesota Statutes 2023 Supplement, section 245C.033, subdivision 3, is amended​ 276.2 to read:​ 276.3 Subd. 3. Procedure; maltreatment and state licensing agency data. (a) For requests​ 276.4 paid directly by the guardian or conservator, requests for maltreatment and state licensing​ 276.5 agency data checks must be submitted by the guardian or conservator to the commissioner​ 276.6 on the form or in the manner prescribed by the commissioner. Upon receipt of a signed​ 276.7 informed consent and payment under section 245C.10, the commissioner shall complete​ 276.8 the maltreatment and state licensing agency checks. Upon completion of the checks, the​ 276.9 commissioner shall provide the requested information to the courts on the form or in the​ 276.10 manner prescribed by the commissioner.​ 276.11 (b) For requests paid by the court based on the in forma pauperis status of the guardian​ 276.12 or conservator, requests for maltreatment and state licensing agency data checks must be​ 276.13 submitted by the court to the commissioner on the form or in the manner prescribed by the​ 276.14 commissioner. The form will serve as certification that the individual has been granted in​ 276.15 forma pauperis status. Upon receipt of a signed data request consent form from the court,​ 276.16 the commissioner shall initiate the maltreatment and state licensing agency checks. Upon​ 276.17 completion of the checks, the commissioner shall provide the requested information to the​ 276.18 courts on the form or in the manner prescribed by the commissioner.​ 276.19 Sec. 12. Minnesota Statutes 2022, section 245C.08, subdivision 4, is amended to read:​ 276.20 Subd. 4. Juvenile court records. (a) For a background study conducted by the​ 276.21 Department of Human Services, the commissioner shall review records from the juvenile​ 276.22 courts for an individual studied under section 245C.03, subdivision 1, paragraph (a), this​ 276.23 chapter when the commissioner has reasonable cause.​ 276.24 (b) For a background study conducted by a county agency for family child care before​ 276.25 the implementation of NETStudy 2.0, the commissioner shall review records from the​ 276.26 juvenile courts for individuals listed in section 245C.03, subdivision 1, who are ages 13​ 276.27 through 23 living in the household where the licensed services will be provided. The​ 276.28 commissioner shall also review records from juvenile courts for any other individual listed​ 276.29 under section 245C.03, subdivision 1, when the commissioner has reasonable cause.​ 276.30 (c) (b) The juvenile courts shall help with the study by giving the commissioner existing​ 276.31 juvenile court records relating to delinquency proceedings held on individuals described in​ 276.32 section 245C.03, subdivision 1, paragraph (a), who are subjects of studies under this chapter​ 276.33 when requested pursuant to this subdivision.​ 276​ Article 19 Sec. 12.​ REVISOR CR H5237-4​ HF5237 FOURTH ENGROSSMENT​ 277.1 (d) (c) For purposes of this chapter, a finding that a delinquency petition is proven in​ 277.2 juvenile court shall be considered a conviction in state district court.​ 277.3 (e) (d) Juvenile courts shall provide orders of involuntary and voluntary termination of​ 277.4 parental rights under section 260C.301 to the commissioner upon request for purposes of​ 277.5 conducting a background study under this chapter.​ 277.6 Sec. 13. Minnesota Statutes 2023 Supplement, section 245C.10, subdivision 15, is amended​ 277.7 to read:​ 277.8 Subd. 15. Guardians and conservators. (a) The commissioner shall recover the cost​ 277.9 of conducting maltreatment and state licensing agency checks for guardians and conservators​ 277.10 under section 245C.033 through a fee of no more than $50. The fees collected under this​ 277.11 subdivision are appropriated to the commissioner for the purpose of conducting maltreatment​ 277.12 and state licensing agency checks.​ 277.13 (b) The fee must be paid directly to and in the manner prescribed by the commissioner​ 277.14 before any maltreatment and state licensing agency checks under section 245C.033 may be​ 277.15 conducted.​ 277.16 (c) Notwithstanding paragraph (b), the court shall pay the fee for an applicant who has​ 277.17 been granted in forma pauperis status upon receipt of the invoice from the commissioner.​ 277.18 Sec. 14. Minnesota Statutes 2022, section 245E.08, is amended to read:​ 277.19 245E.08 REPORTING OF SUSPECTED FRAUDULENT ACTIVITY.​ 277.20 (a) A person who, in good faith, makes a report of or testifies in any action or proceeding​ 277.21 in which financial misconduct is alleged, and who is not involved in, has not participated​ 277.22 in, or has not aided and abetted, conspired, or colluded in the financial misconduct, shall​ 277.23 have immunity from any liability, civil or criminal, that results by reason of the person's​ 277.24 report or testimony. For the purpose of any proceeding, the good faith of any person reporting​ 277.25 or testifying under this provision shall be presumed.​ 277.26 (b) If a person that is or has been involved in, participated in, aided and abetted, conspired,​ 277.27 or colluded in the financial misconduct reports the financial misconduct, the department​ 277.28 may consider that person's report and assistance in investigating the misconduct as a​ 277.29 mitigating factor in the department's pursuit of civil, criminal, or administrative remedies.​ 277.30 (c) After an investigation is complete, the reporter's name must be kept confidential.​ 277.31 The subject of the report may compel disclosure of the reporter's name only with the consent​ 277.32 of the reporter or upon a written finding by a district court that the report was false and there​ 277​ Article 19 Sec. 14.​ REVISOR CR H5237-4​ HF5237 FOURTH ENGROSSMENT​ 278.1 is evidence that the report was made in bad faith. This paragraph does not alter disclosure​ 278.2 responsibilities or obligations under the Rules of Criminal Procedure, except that when the​ 278.3 identity of the reporter is relevant to a criminal prosecution the district court shall conduct​ 278.4 an in-camera review before determining whether to order disclosure of the reporter's identity.​ 278.5 Sec. 15. Minnesota Statutes 2022, section 245H.01, is amended by adding a subdivision​ 278.6 to read:​ 278.7 Subd. 6a. Infant. "Infant" means a child who is at least six weeks old but less than 16​ 278.8 months old.​ 278.9 EFFECTIVE DATE. This section is effective October 1, 2024.​ 278.10 Sec. 16. Minnesota Statutes 2022, section 245H.01, is amended by adding a subdivision​ 278.11 to read:​ 278.12 Subd. 6b. Preschooler. "Preschooler" means a child who is at least 33 months old but​ 278.13 who has not yet attended the first day of kindergarten.​ 278.14 EFFECTIVE DATE. This section is effective October 1, 2024.​ 278.15 Sec. 17. Minnesota Statutes 2022, section 245H.01, is amended by adding a subdivision​ 278.16 to read:​ 278.17 Subd. 6c. School-age child. "School-age child" means a child who is of sufficient age​ 278.18 to have attended the first day of kindergarten or is eligible to enter kindergarten within four​ 278.19 months and who:​ 278.20 (1) is no more than 13 years old;​ 278.21 (2) is 14 years old and has a disability and is eligible for child care assistance under​ 278.22 chapter 142E;​ 278.23 (3) is eligible for child care assistance until redetermination under section 142E.10,​ 278.24 subdivision 1, paragraph (e); or​ 278.25 (4) attends a certified center that serves only school-age children in a setting that has no​ 278.26 students enrolled in a grade higher than 8th grade.​ 278.27 EFFECTIVE DATE. This section is effective October 1, 2024.​ 278​ Article 19 Sec. 17.​ REVISOR CR H5237-4​ HF5237 FOURTH ENGROSSMENT​ 279.1 Sec. 18. Minnesota Statutes 2022, section 245H.01, is amended by adding a subdivision​ 279.2 to read:​ 279.3 Subd. 8a. Toddler. "Toddler" means a child who is at least 16 months old but less than​ 279.4 33 months old.​ 279.5 EFFECTIVE DATE. This section is effective October 1, 2024.​ 279.6 Sec. 19. Minnesota Statutes 2023 Supplement, section 245H.06, subdivision 1, is amended​ 279.7 to read:​ 279.8 Subdivision 1. Correction order and conditional certification requirements. (a) If​ 279.9 the applicant or certification holder failed fails to comply with a law or rule, the commissioner​ 279.10 may issue a correction order. The correction order must state:​ 279.11 (1) the condition that constitutes a violation of the law or rule;​ 279.12 (2) the specific law or rule violated; and​ 279.13 (3) the time allowed to correct each violation.​ 279.14 (b) The commissioner may issue a correction order to the applicant or certification holder​ 279.15 through the provider licensing and reporting hub. If the applicant or certification holder​ 279.16 fails to comply with a law or rule, the commissioner may issue a conditional certification.​ 279.17 When issuing a conditional certification, the commissioner shall consider the nature,​ 279.18 chronicity, or severity of the violation of law or rule and the effect of the violation on the​ 279.19 health, safety, or rights of persons served by the program. The conditional order must state:​ 279.20 (1) the conditions that constitute a violation of the law or rule;​ 279.21 (2) the specific law or rule violated;​ 279.22 (3) the time allowed to correct each violation; and​ 279.23 (4) the length and terms of the conditional certification, and the reasons for making the​ 279.24 certification conditional.​ 279.25 (c) Nothing in this section prohibits the commissioner from decertifying a center under​ 279.26 section 142C.07 before issuing a correction order or conditional certification.​ 279.27 (d) The commissioner may issue a correction order or conditional certification to the​ 279.28 applicant or certification holder through the provider licensing and reporting hub.​ 279.29 EFFECTIVE DATE. This section is effective October 1, 2024.​ 279​ Article 19 Sec. 19.​ REVISOR CR H5237-4​ HF5237 FOURTH ENGROSSMENT​ 280.1 Sec. 20. Minnesota Statutes 2023 Supplement, section 245H.06, subdivision 2, is amended​ 280.2 to read:​ 280.3 Subd. 2. Reconsideration request. (a) If the applicant or certification holder believes​ 280.4 that the commissioner's correction order or conditional certification is erroneous, the applicant​ 280.5 or certification holder may ask the commissioner to reconsider the part of the correction​ 280.6 order or conditional certification that is allegedly erroneous. A request for reconsideration​ 280.7 must be made in writing and postmarked or submitted through the provider licensing and​ 280.8 reporting hub and sent to the commissioner within 20 calendar days after the applicant or​ 280.9 certification holder received the correction order or conditional certification, and must:​ 280.10 (1) specify the part of the correction order or conditional certification that is allegedly​ 280.11 erroneous;​ 280.12 (2) explain why the specified part is erroneous; and​ 280.13 (3) include documentation to support the allegation of error.​ 280.14 (b) A request for reconsideration of a correction order does not stay any provision or​ 280.15 requirement of the correction order. The commissioner's disposition of a request for​ 280.16 reconsideration is final and not subject to appeal.​ 280.17 (c) A timely request for reconsideration of a conditional certification shall stay imposition​ 280.18 of the terms of the conditional certification until the commissioner issues a decision on the​ 280.19 request for reconsideration.​ 280.20 (c) (d) Upon implementation of the provider licensing and reporting hub, the provider​ 280.21 must use the hub to request reconsideration. If the order is issued through the provider hub,​ 280.22 the request must be received by the commissioner within 20 calendar days from the date​ 280.23 the commissioner issued the order through the hub.​ 280.24 EFFECTIVE DATE. This section is effective October 1, 2024.​ 280.25 Sec. 21. Minnesota Statutes 2022, section 245H.08, subdivision 1, is amended to read:​ 280.26 Subdivision 1. Staffing requirements. (a) Except as provided in paragraph (b), during​ 280.27 hours of operation, a certified center must have a director or designee on site who is​ 280.28 responsible for overseeing implementation of written policies relating to the management​ 280.29 and control of the daily activities of the program, ensuring the health and safety of program​ 280.30 participants, and supervising staff and volunteers.​ 280.31 (b) When the director is absent, a certified center must designate a staff person who is​ 280.32 at least 18 years old to fulfill the director's responsibilities under this subdivision to ensure​ 280​ Article 19 Sec. 21.​ REVISOR CR H5237-4​ HF5237 FOURTH ENGROSSMENT​ 281.1 continuity of program oversight. The designee does not have to meet the director​ 281.2 qualifications in subdivision 2 but must be aware of their designation and responsibilities​ 281.3 under this subdivision.​ 281.4 EFFECTIVE DATE. This section is effective October 1, 2024.​ 281.5 Sec. 22. Minnesota Statutes 2023 Supplement, section 245H.08, subdivision 4, is amended​ 281.6 to read:​ 281.7 Subd. 4. Maximum group size. (a) For a child six weeks old through 16 months old an​ 281.8 infant, the maximum group size shall be no more than is eight children.​ 281.9 (b) For a child 16 months old through 33 months old toddler, the maximum group size​ 281.10 shall be no more than is 14 children.​ 281.11 (c) For a child 33 months old through prekindergarten preschooler, a the maximum​ 281.12 group size shall be no more than is 20 children.​ 281.13 (d) For a child in kindergarten through 13 years old school-age child, a the maximum​ 281.14 group size shall be no more than is 30 children.​ 281.15 (e) The maximum group size applies at all times except during group activity coordination​ 281.16 time not exceeding 15 minutes, during a meal, outdoor activity, field trip, nap and rest, and​ 281.17 special activity including a film, guest speaker, indoor large muscle activity, or holiday​ 281.18 program.​ 281.19 (f) Notwithstanding paragraph (d), a certified center may continue to serve a child 14​ 281.20 years of age or older if one of the following conditions is true:​ 281.21 (1) the child remains eligible for child care assistance under section 119B.09, subdivision​ 281.22 1, paragraph (e); or​ 281.23 (2) the certified center serves only school-age children in a setting that has students​ 281.24 enrolled in no grade higher than 8th grade.​ 281.25 EFFECTIVE DATE. This section is effective October 1, 2024.​ 281.26 Sec. 23. Minnesota Statutes 2023 Supplement, section 245H.08, subdivision 5, is amended​ 281.27 to read:​ 281.28 Subd. 5. Ratios. (a) The minimally acceptable staff-to-child ratios are:​ 1:4​ 281.29 six weeks old through 16 months old infants​ 1:7​ 281.30 16 months old through 33 months old toddlers​ 281​ Article 19 Sec. 23.​ REVISOR CR H5237-4​ HF5237 FOURTH ENGROSSMENT​ 1:10​ 282.1 33 months old through prekindergarten​ 282.2 preschoolers​ 1:15​ 282.3 kindergarten through 13 years old school-age​ 282.4 children​ 282.5 (b) Kindergarten includes a child of sufficient age to have attended the first day of​ 282.6 kindergarten or who is eligible to enter kindergarten within the next four months.​ 282.7 (c) (b) For mixed mixed-age groups, the ratio for the age group of the youngest child​ 282.8 applies.​ 282.9 (d) Notwithstanding paragraph (a), a certified center may continue to serve a child 14​ 282.10 years of age or older if one of the following conditions is true:​ 282.11 (1) the child remains eligible for child care assistance under section 119B.09, subdivision​ 282.12 1, paragraph (e); or​ 282.13 (2) the certified center serves only school-age children in a setting that has students​ 282.14 enrolled in no grade higher than 8th grade.​ 282.15 EFFECTIVE DATE. This section is effective October 1, 2024.​ 282.16 Sec. 24. Minnesota Statutes 2022, section 245H.14, subdivision 1, is amended to read:​ 282.17 Subdivision 1. First aid and cardiopulmonary resuscitation. (a) Before having​ 282.18 unsupervised direct contact with a child, but within the first 90 days of employment for​ 282.19 after the first date of direct contact with a child, the director and, all staff persons, and within​ 282.20 90 days after the first date of direct contact with a child for substitutes, and unsupervised​ 282.21 volunteers, each person must successfully complete pediatric first aid and pediatric​ 282.22 cardiopulmonary resuscitation (CPR) training, unless the training has been completed within​ 282.23 the previous two calendar years. Staff must complete the pediatric first aid and pediatric​ 282.24 CPR training at least every other calendar year and the center must document the training​ 282.25 in the staff person's personnel record.​ 282.26 (b) Training completed under this subdivision may be used to meet the in-service training​ 282.27 requirements under subdivision 6.​ 282.28 EFFECTIVE DATE. This section is effective October 1, 2024.​ 282.29 Sec. 25. Minnesota Statutes 2022, section 245H.14, subdivision 4, is amended to read:​ 282.30 Subd. 4. Child development. The certified center must ensure that the director and all​ 282.31 staff persons complete child development and learning training within 90 days of employment​ 282.32 and every second calendar year thereafter. Substitutes and unsupervised volunteers must​ 282​ Article 19 Sec. 25.​ REVISOR CR H5237-4​ HF5237 FOURTH ENGROSSMENT​ 283.1 complete child development and learning training within 90 days after the first date of direct​ 283.2 contact with a child and every second calendar year thereafter. Before having unsupervised​ 283.3 direct contact with a child, but within 90 days after the first date of direct contact with a​ 283.4 child, the director, all staff persons, substitutes, and unsupervised volunteers must complete​ 283.5 child development and learning training. Child development and learning training must be​ 283.6 repeated every second calendar year thereafter. The director and staff persons not including​ 283.7 substitutes must complete at least two hours of training on child development. The training​ 283.8 for substitutes and unsupervised volunteers is not required to be of a minimum length. For​ 283.9 purposes of this subdivision, "child development and learning training" means how a child​ 283.10 develops physically, cognitively, emotionally, and socially and learns as part of the child's​ 283.11 family, culture, and community.​ 283.12 EFFECTIVE DATE. This section is effective October 1, 2024.​ 283.13 Sec. 26. Minnesota Statutes 2022, section 260E.30, subdivision 3, as amended by Laws​ 283.14 2024, chapter 80, article 8, section 41, is amended to read:​ 283.15 Subd. 3. Nonmaltreatment mistake. (a) If paragraph (b) applies, rather than making a​ 283.16 determination of substantiated maltreatment by the individual, the commissioner of children,​ 283.17 youth, and families shall determine that the individual made a nonmaltreatment mistake.​ 283.18 (b) A nonmaltreatment mistake occurs when:​ 283.19 (1) at the time of the incident, the individual was performing duties identified in the​ 283.20 facility's child care program plan required under Minnesota Rules, part 9503.0045;​ 283.21 (2) (1) the individual has not been determined responsible for a similar incident that​ 283.22 resulted in a finding of maltreatment for at least seven years;​ 283.23 (3) (2) the individual has not been determined to have committed a similar​ 283.24 nonmaltreatment mistake under this paragraph for at least four years;​ 283.25 (4) (3) any injury to a child resulting from the incident, if treated, is treated only with​ 283.26 remedies that are available over the counter, whether ordered by a medical professional or​ 283.27 not; and​ 283.28 (5) (4) except for the period when the incident occurred, the facility and the individual​ 283.29 providing services were both in compliance with all licensing and certification requirements​ 283.30 relevant to the incident.; and​ 283​ Article 19 Sec. 26.​ REVISOR CR H5237-4​ HF5237 FOURTH ENGROSSMENT​ 284.1 (5) at the time of the incident, the individual was performing duties identified in the​ 284.2 licensed center's child care program plan required under Minnesota Rules, part 9503.0045.​ 284.3 This clause applies only to child care centers licensed under Minnesota Rules, chapter 9503.​ 284.4 (c) This subdivision only applies to child care centers certified under chapter 142C and​ 284.5 licensed under Minnesota Rules, chapter 9503.​ 284.6 EFFECTIVE DATE. This section is effective October 1, 2024.​ 284.7 Sec. 27. Laws 2024, chapter 80, article 2, section 5, is amended by adding a subdivision​ 284.8 to read:​ 284.9 Subd. 23. Family child foster care annual program evaluation. Upon implementation​ 284.10 of a continuous license process for family child foster care, the annual program evaluation​ 284.11 required under Minnesota Rules, part 2960.3100, subpart 1, item G, must be conducted​ 284.12 utilizing the electronic licensing inspection checklist information and the provider licensing​ 284.13 and reporting hub in a manner prescribed by the commissioner.​ 284.14 Sec. 28. Laws 2024, chapter 80, article 2, section 16, is amended by adding a subdivision​ 284.15 to read:​ 284.16 Subd. 9. Licensed child-placing agency personnel requirements. (a) A licensed​ 284.17 child-placing agency must have an individual designated on staff or contract who supervises​ 284.18 the agency's casework. Supervising an agency's casework includes but is not limited to:​ 284.19 (1) reviewing and approving each written home study the agency completes on​ 284.20 prospective foster parents or applicants to adopt;​ 284.21 (2) ensuring ongoing compliance with licensing requirements; and​ 284.22 (3) overseeing staff and ensuring they have the training and resources needed to perform​ 284.23 their responsibilities.​ 284.24 (b) The individual who supervises the agency's casework must meet at least one of the​ 284.25 following qualifications:​ 284.26 (1) is a licensed social worker, licensed graduate social worker, licensed independent​ 284.27 social worker, or licensed independent clinical social worker;​ 284.28 (2) is a trained culturally competent professional with experience in a relevant field; or​ 284.29 (3) is a licensed clinician with experience in a related field, including a clinician licensed​ 284.30 by a health-related licensing board under section 214.01, subdivision 2.​ 284​ Article 19 Sec. 28.​ REVISOR CR H5237-4​ HF5237 FOURTH ENGROSSMENT​ 285.1 (c) The commissioner may grant a variance under section 142B.10, subdivision 16, to​ 285.2 the requirements in this section.​ 285.3 Sec. 29. DIRECTION TO COMMISSIONER OF HUMAN SERVICES; FAMILY​ 285.4 CHILD FOSTER CARE CONTINUOUS LICENSES.​ 285.5 The commissioner of human services, and upon transfer of responsibility for family​ 285.6 child foster care licensing the commissioner of children, youth, and families, shall develop​ 285.7 a continuous license process for family child foster care licenses. The continuous license​ 285.8 process shall be incorporated into the development of the electronic licensing inspection​ 285.9 checklist information and provider licensing and reporting hub for family child foster care.​ 285.10 EFFECTIVE DATE. This section is effective July 1, 2024.​ 285.11 Sec. 30. REPEALER.​ 285.12 Minnesota Rules, parts 9502.0425, subparts 5 and 10; and 9545.0805, subpart 1, are​ 285.13 repealed.​ 285.14 ARTICLE 20​ 285.15 MISCELLANEOUS​ 285.16 Section 1. Minnesota Statutes 2022, section 16A.103, is amended by adding a subdivision​ 285.17 to read:​ 285.18 Subd. 1j. Federal reimbursement for administrative costs. In preparing the forecast​ 285.19 of state revenues and expenditures under subdivision 1, the commissioner must include​ 285.20 estimates of the amount of federal reimbursement for administrative costs for the Department​ 285.21 of Human Services and the Department of Children, Youth, and Families in the forecast as​ 285.22 an expenditure reduction. The amount included under this subdivision must conform with​ 285.23 generally accepted accounting principles.​ 285.24 EFFECTIVE DATE. This section is effective the day following final enactment.​ 285.25 Sec. 2. Laws 2023, chapter 70, article 11, section 13, subdivision 8, is amended to read:​ 285.26 Subd. 8. Expiration. This section expires June 30, 2027 2028.​ 285.27 ARTICLE 21​ 285.28 HUMAN SERVICES FORECAST ADJUSTMENTS​ 285.29 Section 1. HUMAN SERVICES FORECAST ADJUSTMENTS.​ 285​ Article 21 Section 1.​ REVISOR CR H5237-4​ HF5237 FOURTH ENGROSSMENT​ 286.1 The sums shown in the columns marked "Appropriations" are added to or, if shown in​ 286.2 parentheses, subtracted from the appropriations in Laws 2023, chapter 61, article 9, and​ 286.3 Laws 2023, chapter 70, article 20, to the commissioner of human services from the general​ 286.4 fund or other named fund for the purposes specified in section 2 and are available for the​ 286.5 fiscal years indicated for each purpose. The figures "2024" and "2025" used in this article​ 286.6 mean that the addition to or subtraction from the appropriation listed under them is available​ 286.7 for the fiscal year ending June 30, 2024, or June 30, 2025, respectively.​ 286.8 APPROPRIATIONS​ 286.9 Available for the Year​ 286.10 Ending June 30​ 2025​ 286.11 2024​ 286.12 Sec. 2. COMMISSIONER OF HUMAN​ 286.13 SERVICES​ 329,432,000​ $​ 137,604,000​ $​ 286.14 Subdivision 1. Total Appropriation​ 286.15 Appropriations by Fund​ 325,606,000​ 139,746,000​ 286.16 General Fund​ 6,224,000​ 10,542,000​ 286.17 Health Care Access​ 286.18 Fund​ (2,398,000)​ (12,684,000)​ 286.19 Federal TANF​ 286.20 Subd. 2. Forecasted Programs​ 286.21 (a) MFIP/DWP​ 286.22 Appropriations by Fund​ (2,793,000)​ (5,990,000)​ 286.23 General Fund​ (2,398,000)​ (12,684,000)​ 286.24 Federal TANF​ (26,004,000)​ (36,726,000)​ 286.25 (b) MFIP Child Care Assistance​ 292,000​ (567,000)​ 286.26 (c) General Assistance​ 1,500,000​ 1,424,000​ 286.27 (d) Minnesota Supplemental Aid​ 14,667,000​ 11,200,000​ 286.28 (e) Housing Support​ (11,309,000)​ (3,697,000)​ 286.29 (f) Northstar Care for Children​ 6,224,000​ 10,542,000​ 286.30 (g) MinnesotaCare​ 286​ Article 21 Sec. 2.​ REVISOR CR H5237-4​ HF5237 FOURTH ENGROSSMENT​ 287.1 These appropriations are from the health care​ 287.2 access fund.​ 352,357,000​ 180,321,000​ 287.3 (h) Medical Assistance​ (3,104,000)​ (6,219,000)​ 287.4 (i) Behavioral Health Fund​ 287.5 Sec. 3. EFFECTIVE DATE.​ 287.6 This article is effective the day following final enactment.​ 287.7 ARTICLE 22​ 287.8 CHILDREN AND FAMILIES APPROPRIATIONS​ 287.9 Section 1. HUMAN SERVICES APPROPRIATIONS.​ 287.10 The sums shown in the columns marked "Appropriations" are added to or, if shown in​ 287.11 parentheses, subtracted from the appropriations in Laws 2023, chapter 61, article 9; Laws​ 287.12 2023, chapter 70, article 20; and Laws 2023, chapter 74, section 6, to the agencies and for​ 287.13 the purposes specified in this article. The appropriations are from the general fund or other​ 287.14 named fund and are available for the fiscal years indicated for each purpose. The figures​ 287.15 "2024" and "2025" used in this article mean that the addition to or subtraction from the​ 287.16 appropriation listed under them is available for the fiscal year ending June 30, 2024, or June​ 287.17 30, 2025, respectively. Base adjustments mean the addition to or subtraction from the base​ 287.18 level adjustment set in Laws 2023, chapter 61, article 9; Laws 2023, chapter 70, article 20;​ 287.19 and Laws 2023, chapter 74, section 6. Supplemental appropriations and reductions to​ 287.20 appropriations for the fiscal year ending June 30, 2024, are effective the day following final​ 287.21 enactment unless a different effective date is explicit.​ 287.22 APPROPRIATIONS​ 287.23 Available for the Year​ 287.24 Ending June 30​ 2025​ 287.25 2024​ 287.26 Sec. 2. COMMISSIONER OF HUMAN​ 287.27 SERVICES​ 30,348,000​ $​ 1,615,000​ $​ 287.28 Subdivision 1. Total Appropriation​ 287.29 The amounts that may be spent for each​ 287.30 purpose are specified in the following​ 287.31 subdivisions.​ 287.32 Subd. 2. Central Office; Operations​ 287​ Article 22 Sec. 2.​ REVISOR CR H5237-4​ HF5237 FOURTH ENGROSSMENT​ 288.1 Appropriations by Fund​ 9,896,000​ 2,369,000​ 288.2 General​ (1,094,000)​ (990,000)​ 288.3 Federal TANF​ 288.4 (a) Social Services Information System​ 288.5 (SSIS). $9,657,000 in fiscal year 2025 is for​ 288.6 information technology improvements to the​ 288.7 SSIS. The appropriation must be used to​ 288.8 develop and implement a modernization plan​ 288.9 for SSIS that addresses priorities established​ 288.10 through collaborative planning with counties​ 288.11 and Tribal Nations that use SSIS. Priorities​ 288.12 must take into consideration available funding​ 288.13 and have a direct impact on child welfare​ 288.14 casework. The appropriation must not be used​ 288.15 for changes to SSIS that are not part of the​ 288.16 modernization plan or for other Department​ 288.17 of Human Services information technology​ 288.18 systems. This is a onetime appropriation.​ 288.19 (b) Base Level Adjustment. The general fund​ 288.20 base is increased by $4,413,000 in fiscal year​ 288.21 2026 and increased by $4,413,000 in fiscal​ 288.22 year 2027. The federal TANF fund base is​ 288.23 decreased by $1,094,000 in fiscal year 2026​ 288.24 and decreased by $1,094,000 in fiscal year​ 288.25 2027.​ 288.26 Subd. 3. Central Office; Children and Families​ 288.27 Appropriations by Fund​ 6,217,000​ 2,598,000​ 288.28 General​ 1,094,000​ 990,000​ 288.29 Federal TANF​ 288.30 (a) Child Maltreatment Reporting Review.​ 288.31 $200,000 in fiscal year 2025 is to conduct a​ 288.32 review of child maltreatment reporting​ 288.33 processes and systems in various states,​ 288.34 evaluate the costs and benefits of each​ 288.35 reviewed state's system, and submit a report​ 288​ Article 22 Sec. 2.​ REVISOR CR H5237-4​ HF5237 FOURTH ENGROSSMENT​ 289.1 to the legislature with recommendations. This​ 289.2 is a onetime appropriation.​ 289.3 (b) Pregnant and Parenting Homeless​ 289.4 Youth Study. $150,000 in fiscal year 2025 is​ 289.5 from the general fund for a contract with the​ 289.6 Wilder Foundation to study the statewide​ 289.7 numbers and unique needs of pregnant and​ 289.8 parenting youth experiencing homelessness​ 289.9 and best practices in supporting those youth​ 289.10 within programming, emergency shelter, and​ 289.11 housing settings. This is a onetime​ 289.12 appropriation and is available until June 30,​ 289.13 2026.​ 289.14 (c) Emergency Shelter Needs Analysis for​ 289.15 Transgender Adults Experiencing​ 289.16 Homelessness. Notwithstanding section 12,​ 289.17 $150,000 in fiscal year 2025 is for a contract​ 289.18 with Propel Nonprofits to conduct a needs​ 289.19 analysis and a site analysis for emergency​ 289.20 shelter serving transgender adults experiencing​ 289.21 homelessness. This is a onetime appropriation​ 289.22 and is available until June 30, 2026.​ 289.23 (d) Base Level Adjustment. The general fund​ 289.24 base is increased by $5,208,000 in fiscal year​ 289.25 2026 and increased by $5,208,000 in fiscal​ 289.26 year 2027. The federal TANF fund base is​ 289.27 increased by $1,094,000 in fiscal year 2026​ 289.28 and increased by $1,094,000 in fiscal year​ 289.29 2027.​ 3,216,000​ (3,216,000)​ 289.30 Subd. 4. Central Office; Health Care​ 136,000​ (136,000)​ 289.31 Subd. 5. Central Office; Behavioral Health, Deaf​ 289.32 and Hard-of-Hearing, and Housing Services​ 289.33 Extended Availability. $136,000 of the​ 289.34 general fund appropriation in fiscal year 2025​ 289.35 is available until June 30, 2027.​ 289​ Article 22 Sec. 2.​ REVISOR CR H5237-4​ HF5237 FOURTH ENGROSSMENT​ 290.1 Subd. 6. Grant Programs; Child Care​ 290.2 Development Grants​ 290.3 Professional Development for Child Care​ 290.4 Provider Associate Credential Coursework.​ 290.5 The commissioner must allocate $500,000 in​ 290.6 fiscal year 2025 from the federal child care​ 290.7 and development block grant for distribution​ 290.8 to child care resource and referral programs​ 290.9 to coordinate professional development​ 290.10 opportunities for child care providers under​ 290.11 Minnesota Statutes, section 119B.19,​ 290.12 subdivision 7, clause (5), for training related​ 290.13 to obtaining a child development associate​ 290.14 credential. This is a onetime allocation and is​ 290.15 available through June 30, 2027.​ 550,000​ -0-​ 290.16 Subd. 7. Grant Programs; Children's Services​ 290.17 Grants​ 290.18 Supporting Relative Caregiver Grants.​ 290.19 $550,000 in fiscal year 2025 is for the​ 290.20 supporting relative caregiver grant program.​ 290.21 This is a onetime appropriation.​ 290.22 Notwithstanding Minnesota Statutes, section​ 290.23 16B.98, subdivision 14, the amount for​ 290.24 administrative costs under this paragraph is​ 290.25 $0.​ (2,704,000)​ -0-​ 290.26 Subd. 8. Grant Programs; Children and​ 290.27 Community Support Grants​ 290.28 This is a onetime reduction.​ 10,019,000​ -0-​ 290.29 Subd. 9. Grant Programs; Children and​ 290.30 Economic Support Grants​ 290.31 (a) American Indian Food Sovereignty​ 290.32 Funding Program. $1,000,000 in fiscal year​ 290.33 2025 is for the American Indian food​ 290.34 sovereignty funding program under Minnesota​ 290.35 Statutes, section 256E.342. This is a onetime​ 290​ Article 22 Sec. 2.​ REVISOR CR H5237-4​ HF5237 FOURTH ENGROSSMENT​ 291.1 appropriation and is available until June 30,​ 291.2 2026. Notwithstanding Minnesota Statutes,​ 291.3 section 16B.98, subdivision 14, the amount​ 291.4 for administrative costs under this paragraph​ 291.5 is $0.​ 291.6 (b) Minnesota Food Bank Program.​ 291.7 $2,392,000 in fiscal year 2025 is for​ 291.8 Minnesota's regional food banks that the​ 291.9 commissioner contracts with for the purposes​ 291.10 of the emergency food assistance program​ 291.11 (TEFAP). The commissioner shall distribute​ 291.12 funding under this paragraph in accordance​ 291.13 with the federal TEFAP formula and​ 291.14 guidelines of the United States Department of​ 291.15 Agriculture. Funding must be used by all​ 291.16 regional food banks to purchase food that will​ 291.17 be distributed free of charge to TEFAP partner​ 291.18 agencies. Funding must also cover the​ 291.19 handling and delivery fees typically paid by​ 291.20 food shelves to food banks to ensure that costs​ 291.21 associated with funding under this paragraph​ 291.22 are not incurred at the local level. This is a​ 291.23 onetime appropriation. Notwithstanding​ 291.24 Minnesota Statutes, section 16B.98,​ 291.25 subdivision 14, the amount for administrative​ 291.26 costs under this paragraph is $0.​ 291.27 (c) Minnesota Food Shelf Program.​ 291.28 $2,000,000 in fiscal year 2025 is for the​ 291.29 Minnesota food shelf program under​ 291.30 Minnesota Statutes, section 256E.34. This is​ 291.31 a onetime appropriation. Notwithstanding​ 291.32 Minnesota Statutes, section 16B.98,​ 291.33 subdivision 14, the amount for administrative​ 291.34 costs under this paragraph is $0.​ 291​ Article 22 Sec. 2.​ REVISOR CR H5237-4​ HF5237 FOURTH ENGROSSMENT​ 292.1 (d) Child Care Improvement Grants.​ 292.2 $1,125,000 in fiscal year 2025 is for the child​ 292.3 care improvement grant program under​ 292.4 Minnesota Statutes, section 119B.25,​ 292.5 subdivision 3, paragraph (a), clause (7). Of​ 292.6 this appropriation, up to $300,000 may be used​ 292.7 for program costs, including but not limited​ 292.8 to conducting outreach to and engaging with​ 292.9 potential grantees, providing technical​ 292.10 assistance for applicants, reviewing​ 292.11 applications and processing grant awards, and​ 292.12 administering compliance audits and related​ 292.13 program integrity activities. This is a onetime​ 292.14 appropriation. Notwithstanding Minnesota​ 292.15 Statutes, section 16B.98, subdivision 14, the​ 292.16 amount for administrative costs under this​ 292.17 paragraph is $0.​ 292.18 (e) Emergency Services Program.​ 292.19 $3,391,000 in fiscal year 2025 is for​ 292.20 emergency services grants under Minnesota​ 292.21 Statutes, section 256E.36. The commissioner​ 292.22 must distribute grants under this paragraph to​ 292.23 entities that received an emergency services​ 292.24 grant award for fiscal years 2024 and 2025​ 292.25 and have emerging, critical, and immediate​ 292.26 homelessness response needs that have arisen​ 292.27 since receiving the award, including: (1) the​ 292.28 need to support overnight emergency shelter​ 292.29 capacity or daytime service capacity that has​ 292.30 a demonstrated and significant increase in the​ 292.31 number of persons served in fiscal year 2024​ 292.32 compared to fiscal year 2023; and (2) the need​ 292.33 to maintain existing overnight emergency​ 292.34 shelter bed capacity or daytime service​ 292.35 capacity that has a demonstrated and​ 292.36 significant risk of closure before April 30,​ 292​ Article 22 Sec. 2.​ REVISOR CR H5237-4​ HF5237 FOURTH ENGROSSMENT​ 293.1 2025. This is a onetime appropriation and is​ 293.2 available until June 30, 2027. Notwithstanding​ 293.3 Minnesota Statutes, section 16B.98,​ 293.4 subdivision 14, the amount for administrative​ 293.5 costs under this paragraph is $0.​ 293.6 (f) Base Level Adjustment. The general fund​ 293.7 base is decreased by $2,593,000 in fiscal year​ 293.8 2026 and decreased by $2,593,000 in fiscal​ 293.9 year 2027.​ 3,018,000​ -0-​ 293.10 Subd. 10. Grant Programs; Fraud Prevention​ 293.11 Grants​ 293.12 Base Level Adjustment. The general fund​ 293.13 base is increased by $3,018,000 in fiscal year​ 293.14 2026 and $3,018,000 in fiscal year 2027.​ 1,715,000​ $​ 1,882,000​ $​ 293.15 Sec. 3. COMMISSIONER OF EDUCATION​ 293.16 (a) Summer EBT. $1,882,000 in fiscal year​ 293.17 2024 and $1,542,000 in fiscal year 2025 are​ 293.18 for administration of the summer electronic​ 293.19 benefits transfer program under Public Law​ 293.20 117-328. The base for this appropriation is​ 293.21 $572,000 in fiscal year 2026 and $572,000 in​ 293.22 fiscal year 2027.​ 293.23 (b) Operating Adjustment for Department​ 293.24 of Children, Youth, and Families​ 293.25 Transition. $173,000 in fiscal year 2025 is to​ 293.26 maintain current levels of service after the​ 293.27 transition of staff and resources to the​ 293.28 Department of Children, Youth, and Families.​ 293.29 The base for this appropriation is $345,000 in​ 293.30 fiscal year 2026 and $345,000 in fiscal year​ 293.31 2027.​ 293.32 (c) Base Level Adjustment. The general fund​ 293.33 base is increased by $917,000 in fiscal year​ 293​ Article 22 Sec. 3.​ REVISOR CR H5237-4​ HF5237 FOURTH ENGROSSMENT​ 294.1 2026 and increased by $917,000 in fiscal year​ 294.2 2027.​ 3,279,000​ $​ -0-​ $​ 294.3 Sec. 4. COMMISSIONER OF CHILDREN,​ 294.4 YOUTH, AND FAMILIES​ 294.5 Base Level Adjustment. The general fund​ 294.6 base is increased by $7,183,000 in fiscal year​ 294.7 2026 and increased by $6,833,000 in fiscal​ 294.8 year 2027.​ 294.9 Sec. 5. OFFICE OF THE OMBUDSPERSON​ 294.10 FOR FAMILY CHILD CARE PROVIDERS​ 294.11 Child Care and Development Block Grant​ 294.12 Allocation. The commissioner of human​ 294.13 services must allocate $350,000 in fiscal year​ 294.14 2025, and each fiscal year thereafter from the​ 294.15 child care and development block grant to the​ 294.16 Ombudsperson for Family Child Care​ 294.17 Providers under Minnesota Statutes, section​ 294.18 245.975.​ 1,000,000​ $​ -0-​ $​ 294.19 Sec. 6. SUPREME COURT​ 294.20 Supreme Court Council on Child​ 294.21 Protection. $1,000,000 in fiscal year 2025 is​ 294.22 for the establishment and administration of​ 294.23 the Supreme Court Council on Child​ 294.24 Protection. This is a onetime appropriation​ 294.25 and is available until June 30, 2026.​ 294.26 Sec. 7. Laws 1987, chapter 404, section 18, subdivision 1, is amended to read:​ 294.27 Subdivision 1. Total​ 294.28 Appropriation 8,009,500 7,585,900​ 294.29 Approved Complement - 124​ 294.30 General - 124 124​ 294.31 Rural Finance - 0 2​ 294​ Article 22 Sec. 7.​ REVISOR CR H5237-4​ HF5237 FOURTH ENGROSSMENT​ 295.1 The amounts that may be spent from this​ 295.2 appropriation for each activity are specified​ 295.3 below.​ 295.4 $141,000 the first year to cover costs​ 295.5 associated with modifying the state's​ 295.6 personnel/payroll systems. Any unencumbered​ 295.7 balance remaining in the first year does not​ 295.8 cancel but is available for the second year of​ 295.9 the biennium.​ 295.10 The department of finance shall reflect the​ 295.11 reimbursement of statewide indirect costs and​ 295.12 human services federal reimbursement costs​ 295.13 as expenditure reductions in the general fund​ 295.14 budgeted fund balance as they would be​ 295.15 reported in conformity with generally accepted​ 295.16 accounting principles.​ 295.17 Amounts paid to the department of finance​ 295.18 pursuant to Minnesota Statutes, section 13.03,​ 295.19 subdivision 3, for the costs of searching for​ 295.20 and retrieving government data and for​ 295.21 making, certifying and compiling the copies​ 295.22 of the data, are appropriated to the department​ 295.23 of finance to be added to the appropriations​ 295.24 from which the costs were paid.​ 295.25 The governor's budget recommendations​ 295.26 submitted to the legislature in January, 1989​ 295.27 must include as general fund revenue and​ 295.28 appropriations for fiscal years 1990 and 1991​ 295.29 all revenues and expenditures previously​ 295.30 accounted for in the statewide accounting​ 295.31 system in other operating funds. This​ 295.32 requirement does not apply (1) to revenues​ 295.33 and expenditures which, under the​ 295.34 constitution, must be accounted for in funds​ 295.35 other than the general fund; or (2) to revenues​ 295​ Article 22 Sec. 7.​ REVISOR CR H5237-4​ HF5237 FOURTH ENGROSSMENT​ 296.1 and expenditures which are related to specific​ 296.2 user fees that provide a primary benefit to​ 296.3 individual fee payers, as opposed to the​ 296.4 general community.​ 296.5 Notwithstanding the provision of Minnesota​ 296.6 Statutes, section 16A.11, the commissioner of​ 296.7 finance shall consult with and seek the​ 296.8 recommendations of the chair of the House​ 296.9 Appropriations committee and the chair of the​ 296.10 Senate Finance committee as well as their​ 296.11 respective division and subcommittee chairs​ 296.12 prior to adopting a format for the 1989-1991​ 296.13 biennial budget document. The commissioner​ 296.14 of finance shall not adopt a format for the​ 296.15 1989-1991 biennial budget until the​ 296.16 commissioner has received the​ 296.17 recommendations of the chair of the house​ 296.18 appropriations committee and the chair of the​ 296.19 senate finance committee. Appropriations​ 296.20 provided to the department of finance to​ 296.21 upgrade the current biennial budget system​ 296.22 shall only be expended upon receipt of the​ 296.23 recommendations of the chair of the house​ 296.24 appropriations committee and the chair of the​ 296.25 senate finance committee. These​ 296.26 recommendations are advisory only.​ 296.27 Sec. 8. Laws 2023, chapter 70, article 20, section 2, subdivision 22, is amended to read:​ 296.28 Subd. 22. Grant Programs; Children's Services​ 296.29 Grants​ 296.30 Appropriations by Fund​ 85,063,000​ 86,212,000​ 296.31 General​ 140,000​ 140,000​ 296.32 Federal TANF​ 296.33 (a) Title IV-E Adoption Assistance. The​ 296.34 commissioner shall allocate funds from the​ 296​ Article 22 Sec. 8.​ REVISOR CR H5237-4​ HF5237 FOURTH ENGROSSMENT​ 297.1 state's savings from the Fostering Connections​ 297.2 to Success and Increasing Adoptions Act's​ 297.3 expanded eligibility for Title IV-E adoption​ 297.4 assistance as required in Minnesota Statutes,​ 297.5 section 256N.261, and as allowable under​ 297.6 federal law. Additional savings to the state as​ 297.7 a result of the Fostering Connections to​ 297.8 Success and Increasing Adoptions Act's​ 297.9 expanded eligibility for Title IV-E adoption​ 297.10 assistance is for postadoption, foster care,​ 297.11 adoption, and kinship services, including a​ 297.12 parent-to-parent support network and as​ 297.13 allowable under federal law.​ 297.14 (b) Mille Lacs Band of Ojibwe American​ 297.15 Indian child welfare initiative. $3,337,000​ 297.16 in fiscal year 2024 and $5,294,000 in fiscal​ 297.17 year 2025 are from the general fund for the​ 297.18 Mille Lacs Band of Ojibwe to join the​ 297.19 American Indian child welfare initiative. The​ 297.20 base for this appropriation is $7,893,000 in​ 297.21 fiscal year 2026 and $7,893,000 in fiscal year​ 297.22 2027.​ 297.23 (c) Leech Lake Band of Ojibwe American​ 297.24 Indian child welfare initiative. $1,848,000​ 297.25 in fiscal year 2024 and $1,848,000 in fiscal​ 297.26 year 2025 are from the general fund for the​ 297.27 Leech Lake Band of Ojibwe to participate in​ 297.28 the American Indian child welfare initiative.​ 297.29 (d) Red Lake Band of Chippewa American​ 297.30 Indian child welfare initiative. $3,000,000​ 297.31 in fiscal year 2024 and $3,000,000 in fiscal​ 297.32 year 2025 are from the general fund for the​ 297.33 Red Lake Band of Chippewa to participate in​ 297.34 the American Indian child welfare initiative.​ 297​ Article 22 Sec. 8.​ REVISOR CR H5237-4​ HF5237 FOURTH ENGROSSMENT​ 298.1 (e) White Earth Nation American Indian​ 298.2 child welfare initiative. $3,776,000 in fiscal​ 298.3 year 2024 and $3,776,000 in fiscal year 2025​ 298.4 are from the general fund for the White Earth​ 298.5 Nation to participate in the American Indian​ 298.6 child welfare initiative.​ 298.7 (f) Indian Child welfare grants. $4,405,000​ 298.8 in fiscal year 2024 and $4,405,000 in fiscal​ 298.9 year 2025 are from the general fund for Indian​ 298.10 child welfare grants under Minnesota Statutes,​ 298.11 section 260.785. The base for this​ 298.12 appropriation is $4,640,000 in fiscal year 2026​ 298.13 and $4,640,000 in fiscal year 2027.​ 298.14 (g) Child welfare staff allocation for Tribes.​ 298.15 $799,000 in fiscal year 2024 and $799,000 in​ 298.16 fiscal year 2025 are from the general fund for​ 298.17 grants to Tribes for child welfare staffing​ 298.18 under Minnesota Statutes, section 260.786.​ 298.19 (h) Grants for kinship navigator services.​ 298.20 $764,000 in fiscal year 2024 and $764,000 in​ 298.21 fiscal year 2025 are from the general fund for​ 298.22 grants for kinship navigator services and​ 298.23 grants to Tribal Nations for kinship navigator​ 298.24 services under Minnesota Statutes, section​ 298.25 256.4794. The base for this appropriation is​ 298.26 $506,000 in fiscal year 2026 and $507,000 in​ 298.27 fiscal year 2027.​ 298.28 (i) Family first prevention and early​ 298.29 intervention assessment response grants.​ 298.30 $4,000,000 in fiscal year 2024 and $6,112,000​ 298.31 in fiscal year 2025 are from the general fund​ 298.32 for family assessment response grants under​ 298.33 Minnesota Statutes, section 260.014. Any​ 298.34 unexpended amount in fiscal year 2024 is​ 298.35 available in fiscal year 2025. The base for this​ 298​ Article 22 Sec. 8.​ REVISOR CR H5237-4​ HF5237 FOURTH ENGROSSMENT​ 299.1 appropriation is $6,000,000 in fiscal year 2026​ 299.2 and $6,000,000 in fiscal year 2027.​ 299.3 (j) Grants for evidence-based prevention​ 299.4 and early intervention services. $4,329,000​ 299.5 in fiscal year 2024 and $4,100,000 in fiscal​ 299.6 year 2025 are from the general fund for grants​ 299.7 to support evidence-based prevention and early​ 299.8 intervention services under Minnesota​ 299.9 Statutes, section 256.4793.​ 299.10 (k) Grant to administer pool of qualified​ 299.11 individuals for assessments. $250,000 in​ 299.12 fiscal year 2024 and $250,000 in fiscal year​ 299.13 2025 are from the general fund for grants to​ 299.14 establish and manage a pool of state-funded​ 299.15 qualified individuals to conduct assessments​ 299.16 for out-of-home placement of a child in a​ 299.17 qualified residential treatment program.​ 299.18 (l) Quality parenting initiative grant​ 299.19 program. $100,000 in fiscal year 2024 and​ 299.20 $100,000 in fiscal year 2025 are from the​ 299.21 general fund for a grant to Quality Parenting​ 299.22 Initiative Minnesota under Minnesota Statutes,​ 299.23 section 245.0962.​ 299.24 (m) STAY in the community grants.​ 299.25 $1,579,000 in fiscal year 2024 and $2,247,000​ 299.26 in fiscal year 2025 are from the general fund​ 299.27 for the STAY in the community program​ 299.28 under Minnesota Statutes, section 260C.452.​ 299.29 This is a onetime appropriation and is​ 299.30 available until June 30, 2027.​ 299.31 (n) Grants for community resource centers.​ 299.32 $5,657,000 in fiscal year 2024 is from the​ 299.33 general fund for grants to establish a network​ 299.34 of community resource centers. This is a​ 299​ Article 22 Sec. 8.​ REVISOR CR H5237-4​ HF5237 FOURTH ENGROSSMENT​ 300.1 onetime appropriation and is available until​ 300.2 June 30, 2027.​ 300.3 (o) Family assets for independence in​ 300.4 Minnesota. $1,405,000 in fiscal year 2024​ 300.5 and $1,391,000 in fiscal year 2025 are from​ 300.6 the general fund for the family assets for​ 300.7 independence in Minnesota program, under​ 300.8 Minnesota Statutes, section 256E.35. This is​ 300.9 a onetime appropriation and is available until​ 300.10 June 30, 2027.​ 300.11 (p) (o) Base level adjustment. The general​ 300.12 fund base is $85,280,000 in fiscal year 2026​ 300.13 and $85,281,000 in fiscal year 2027.​ 300.14 Sec. 9. Laws 2023, chapter 70, article 20, section 2, subdivision 24, is amended to read:​ 78,333,000​ 212,877,000​ 300.15 Subd. 24. Grant Programs; Children and​ 300.16 Economic Support Grants​ 300.17 (a) Fraud prevention initiative start-up​ 300.18 grants. $400,000 in fiscal year 2024 is for​ 300.19 start-up grants to the Red Lake Nation, White​ 300.20 Earth Nation, and Mille Lacs Band of Ojibwe​ 300.21 to develop a fraud prevention program. This​ 300.22 is a onetime appropriation and is available​ 300.23 until June 30, 2025.​ 300.24 (b) American Indian food sovereignty​ 300.25 funding program. $3,000,000 in fiscal year​ 300.26 2024 and $3,000,000 in fiscal year 2025 are​ 300.27 for Minnesota Statutes, section 256E.342. This​ 300.28 appropriation is available until June 30, 2025.​ 300.29 The base for this appropriation is $2,000,000​ 300.30 in fiscal year 2026 and $2,000,000 in fiscal​ 300.31 year 2027.​ 300.32 (c) Hennepin County grants to provide​ 300.33 services to people experiencing​ 300.34 homelessness. $11,432,000 in fiscal year 2024​ 300​ Article 22 Sec. 9.​ REVISOR CR H5237-4​ HF5237 FOURTH ENGROSSMENT​ 301.1 is for grants to maintain capacity for shelters​ 301.2 and services provided to persons experiencing​ 301.3 homelessness in Hennepin County. Of this​ 301.4 amount:​ 301.5 (1) $4,500,000 is for a grant to Avivo Village;​ 301.6 (2) $2,000,000 is for a grant to the American​ 301.7 Indian Community Development Corporation​ 301.8 Homeward Bound shelter;​ 301.9 (3) $1,650,000 is for a grant to the Salvation​ 301.10 Army Harbor Lights shelter;​ 301.11 (4) $500,000 is for a grant to Agate Housing​ 301.12 and Services;​ 301.13 (5) $1,400,000 is for a grant to Catholic​ 301.14 Charities of St. Paul and Minneapolis;​ 301.15 (6) $450,000 is for a grant to Simpson​ 301.16 Housing; and​ 301.17 (7) $932,000 is for a grant to Hennepin​ 301.18 County.​ 301.19 Nothing shall preclude an eligible organization​ 301.20 receiving funding under this paragraph from​ 301.21 applying for and receiving funding under​ 301.22 Minnesota Statutes, section 256E.33, 256E.36,​ 301.23 256K.45, or 256K.47, nor does receiving​ 301.24 funding under this paragraph count against​ 301.25 any eligible organization in the competitive​ 301.26 processes related to those grant programs​ 301.27 under Minnesota Statutes, section 256E.33,​ 301.28 256E.36, 256K.45, or 256K.47.​ 301.29 (d) Diaper distribution grant program.​ 301.30 $545,000 in fiscal year 2024 and $553,000 in​ 301.31 fiscal year 2025 are for a grant to the Diaper​ 301.32 Bank of Minnesota under Minnesota Statutes,​ 301.33 section 256E.38.​ 301​ Article 22 Sec. 9.​ REVISOR CR H5237-4​ HF5237 FOURTH ENGROSSMENT​ 302.1 (e) Prepared meals food relief. $1,654,000​ 302.2 in fiscal year 2024 and $1,638,000 in fiscal​ 302.3 year 2025 are for prepared meals food relief​ 302.4 grants. This is a onetime appropriation.​ 302.5 (f) Emergency shelter facilities. $98,456,000​ 302.6 in fiscal year 2024 is for grants to eligible​ 302.7 applicants for emergency shelter facilities.​ 302.8 This is a onetime appropriation and is​ 302.9 available until June 30, 2028.​ 302.10 (g) Homeless youth cash stipend pilot​ 302.11 project. $5,302,000 in fiscal year 2024 is for​ 302.12 a grant to Youthprise for the homeless youth​ 302.13 cash stipend pilot project. The grant must be​ 302.14 used to provide cash stipends to homeless​ 302.15 youth, provide cash incentives for stipend​ 302.16 recipients to participate in periodic surveys,​ 302.17 provide youth-designed optional services, and​ 302.18 complete a legislative report. This is a onetime​ 302.19 appropriation and is available until June 30,​ 302.20 2028.​ 302.21 (h) Heading Home Ramsey County​ 302.22 continuum of care grants. $11,432,000 in​ 302.23 fiscal year 2024 is for grants to maintain​ 302.24 capacity for shelters and services provided to​ 302.25 people experiencing homelessness in Ramsey​ 302.26 County. Of this amount:​ 302.27 (1) $2,286,000 is for a grant to Catholic​ 302.28 Charities of St. Paul and Minneapolis;​ 302.29 (2) $1,498,000 is for a grant to More Doors;​ 302.30 (3) $1,734,000 is for a grant to Interfaith​ 302.31 Action Project Home;​ 302.32 (4) $2,248,000 is for a grant to Ramsey​ 302.33 County;​ 302​ Article 22 Sec. 9.​ REVISOR CR H5237-4​ HF5237 FOURTH ENGROSSMENT​ 303.1 (5) $689,000 is for a grant to Radias Health;​ 303.2 (6) $493,000 is for a grant to The Listening​ 303.3 House;​ 303.4 (7) $512,000 is for a grant to Face to Face;​ 303.5 and​ 303.6 (8) $1,972,000 is for a grant to the city of St.​ 303.7 Paul.​ 303.8 Nothing shall preclude an eligible organization​ 303.9 receiving funding under this paragraph from​ 303.10 applying for and receiving funding under​ 303.11 Minnesota Statutes, section 256E.33, 256E.36,​ 303.12 256K.45, or 256K.47, nor does receiving​ 303.13 funding under this paragraph count against​ 303.14 any eligible organization in the competitive​ 303.15 processes related to those grant programs​ 303.16 under Minnesota Statutes, section 256E.33,​ 303.17 256E.36, 256K.45, or 256K.47.​ 303.18 (i) Capital for emergency food distribution​ 303.19 facilities. $7,000,000 in fiscal year 2024 is for​ 303.20 improving and expanding the infrastructure​ 303.21 of food shelf facilities. Grant money must be​ 303.22 made available to nonprofit organizations,​ 303.23 federally recognized Tribes, and local units of​ 303.24 government. This is a onetime appropriation​ 303.25 and is available until June 30, 2027.​ 303.26 (j) Emergency services program grants.​ 303.27 $15,250,000 in fiscal year 2024 and​ 303.28 $14,750,000 in fiscal year 2025 are for​ 303.29 emergency services grants under Minnesota​ 303.30 Statutes, section 256E.36. Any unexpended​ 303.31 amount in the first year does not cancel and​ 303.32 is available in the second year. The base for​ 303.33 this appropriation is $25,000,000 in fiscal year​ 303.34 2026 and $30,000,000 in fiscal year 2027.​ 303​ Article 22 Sec. 9.​ REVISOR CR H5237-4​ HF5237 FOURTH ENGROSSMENT​ 304.1 (k) Homeless Youth Act grants. $15,136,000​ 304.2 in fiscal year 2024 and $15,136,000 in fiscal​ 304.3 year 2025 are for grants under Minnesota​ 304.4 Statutes, section 256K.45, subdivision 1. Any​ 304.5 unexpended amount in the first year does not​ 304.6 cancel and is available in the second year.​ 304.7 (l) Transitional housing programs.​ 304.8 $3,000,000 in fiscal year 2024 and $3,000,000​ 304.9 in fiscal year 2025 are for transitional housing​ 304.10 programs under Minnesota Statutes, section​ 304.11 256E.33. Any unexpended amount in the first​ 304.12 year does not cancel and is available in the​ 304.13 second year.​ 304.14 (m) Safe harbor shelter and housing grants.​ 304.15 $2,125,000 in fiscal year 2024 and $2,125,000​ 304.16 in fiscal year 2025 are for grants under​ 304.17 Minnesota Statutes, section 256K.47. Any​ 304.18 unexpended amount in the first year does not​ 304.19 cancel and is available in the second year. The​ 304.20 base for this appropriation is $1,250,000 in​ 304.21 fiscal year 2026 and $1,250,000 in fiscal year​ 304.22 2027.​ 304.23 (n) Supplemental nutrition assistance​ 304.24 program (SNAP) outreach. $1,000,000 in​ 304.25 fiscal year 2024 and $1,000,000 in fiscal year​ 304.26 2025 are for the SNAP outreach program​ 304.27 under Minnesota Statutes, section 256D.65.​ 304.28 The base for this appropriation is $500,000 in​ 304.29 fiscal year 2026 and $500,000 in fiscal year​ 304.30 2027.​ 304.31 (o) Family Assets for Independence in​ 304.32 Minnesota. $1,405,000 in fiscal year 2024​ 304.33 and $1,391,000 in fiscal year 2025 are from​ 304.34 the general fund for the family assets for​ 304.35 independence in Minnesota program, under​ 304​ Article 22 Sec. 9.​ REVISOR CR H5237-4​ HF5237 FOURTH ENGROSSMENT​ 305.1 Minnesota Statutes, section 256E.35. This is​ 305.2 a onetime appropriation and is available until​ 305.3 June 30, 2027.​ 305.4 (p) Minnesota Food Assistance Program.​ 305.5 Unexpended funds for the Minnesota food​ 305.6 assistance program for fiscal year 2024 are​ 305.7 available until June 30, 2025.​ 305.8 (o) (q) Base level adjustment. The general​ 305.9 fund base is $83,179,000 in fiscal year 2026​ 305.10 and $88,179,000 in fiscal year 2027.​ 305.11 Sec. 10. Laws 2023, chapter 70, article 20, section 23, is amended to read:​ 305.12 Sec. 23. TRANSFERS.​ 305.13 Subdivision 1. Grants. The commissioner of human services and commissioner of​ 305.14 children, youth, and families, with the approval of the commissioner of management and​ 305.15 budget, may transfer unencumbered appropriation balances for the biennium ending June​ 305.16 30, 2025, within fiscal years among MFIP; general assistance; medical assistance;​ 305.17 MinnesotaCare; MFIP child care assistance under Minnesota Statutes, section 119B.05;​ 305.18 Minnesota supplemental aid program; housing support program; the entitlement portion of​ 305.19 Northstar Care for Children under Minnesota Statutes, chapter 256N; and the entitlement​ 305.20 portion of the behavioral health fund between fiscal years of the biennium. The commissioner​ 305.21 shall report to the chairs and ranking minority members of the legislative committees with​ 305.22 jurisdiction over health and human services quarterly about transfers made under this​ 305.23 subdivision.​ 305.24 Subd. 2. Administration. Positions, salary money, and nonsalary administrative money​ 305.25 may be transferred within and between the Department of Human Services and the​ 305.26 Department of Children, Youth, and Families as the commissioners consider necessary,​ 305.27 with the advance approval of the commissioner of management and budget. The​ 305.28 commissioners shall report to the chairs and ranking minority members of the legislative​ 305.29 committees with jurisdiction over health and human services finance quarterly about transfers​ 305.30 made under this section.​ 305​ Article 22 Sec. 10.​ REVISOR CR H5237-4​ HF5237 FOURTH ENGROSSMENT​ 306.1 Sec. 11. APPROPRIATION CANCELATION; EARLY CHILDHOOD LEARNING​ 306.2 AND CHILDHOOD PROTECTION FACILITIES.​ 306.3 The appropriation in Laws 2023, chapter 71, article 1, section 12, subdivision 4, for​ 306.4 early childhood learning and child protection facilities under Minnesota Statutes, section​ 306.5 256E.37, is canceled to the general fund.​ 306.6 EFFECTIVE DATE. This section is effective the day following final enactment.​ 306.7 Sec. 12. APPROPRIATIONS GIVEN EFFECT ONCE.​ 306.8 If an appropriation or transfer under this article is enacted more than once during the​ 306.9 2024 regular session, the appropriation or transfer must be given effect once.​ 306.10 Sec. 13. EXPIRATION OF UNCODIFIED LANGUAGE.​ 306.11 All uncodified language contained in this article expires June 30, 2025, unless a different​ 306.12 expiration date is explicit.​ 306​ Article 22 Sec. 13.​ REVISOR CR H5237-4​ HF5237 FOURTH ENGROSSMENT​ 127A.095 IMPLEMENTATION OF ELEMENTARY AND SECONDARY EDUCATION​ ACT.​ Subd. 3. Department of Management and Budget certification. The commissioner of​ management and budget shall certify and report to the legislature annually beginning January 1,​ 2008, the amount of federal revenue, if any, that the federal government may withhold as a result​ of a potential state decision to discontinue implementation of the Elementary and Secondary​ Education Act. The report shall also specify the intended purpose of the federal revenue and the​ amount of revenue that the federal government may withhold from the state, each school district,​ and each charter school in each fiscal year.​ 245.975 OMBUDSPERSON FOR FAMILY CHILD CARE PROVIDERS.​ Subd. 8. Office support. The commissioner shall provide the ombudsperson with the necessary​ office space, supplies, equipment, and clerical support to effectively perform the duties under this​ section.​ 256.01 COMMISSIONER OF HUMAN SERVICES; POWERS, DUTIES.​ Subd. 12. Child mortality review panel. (a) The commissioner shall establish a child mortality​ review panel to review deaths of children in Minnesota, including deaths attributed to maltreatment​ or in which maltreatment may be a contributing cause and to review near fatalities as defined in​ section 260E.35. The commissioners of health, education, and public safety and the attorney general​ shall each designate a representative to the child mortality review panel. Other panel members shall​ be appointed by the commissioner, including a board-certified pathologist and a physician who is​ a coroner or a medical examiner. The purpose of the panel shall be to make recommendations to​ the state and to county agencies for improving the child protection system, including modifications​ in statute, rule, policy, and procedure.​ (b) The commissioner may require a county agency to establish a local child mortality review​ panel. The commissioner may establish procedures for conducting local reviews and may require​ that all professionals with knowledge of a child mortality case participate in the local review. In​ this section, "professional" means a person licensed to perform or a person performing a specific​ service in the child protective service system. "Professional" includes law enforcement personnel,​ social service agency attorneys, educators, and social service, health care, and mental health care​ providers.​ (c) If the commissioner of human services has reason to believe that a child's death was caused​ by maltreatment or that maltreatment was a contributing cause, the commissioner has access to not​ public data under chapter 13 maintained by state agencies, statewide systems, or political subdivisions​ that are related to the child's death or circumstances surrounding the care of the child. The​ commissioner shall also have access to records of private hospitals as necessary to carry out the​ duties prescribed by this section. Access to data under this paragraph is limited to police investigative​ data; autopsy records and coroner or medical examiner investigative data; hospital, public health,​ or other medical records of the child; hospital and other medical records of the child's parent that​ relate to prenatal care; and records created by social service agencies that provided services to the​ child or family within three years preceding the child's death. A state agency, statewide system, or​ political subdivision shall provide the data upon request of the commissioner. Not public data may​ be shared with members of the state or local child mortality review panel in connection with an​ individual case.​ (d) Notwithstanding the data's classification in the possession of any other agency, data acquired​ by a local or state child mortality review panel in the exercise of its duties is protected nonpublic​ or confidential data as defined in section 13.02, but may be disclosed as necessary to carry out the​ purposes of the review panel. The data is not subject to subpoena or discovery. The commissioner​ may disclose conclusions of the review panel, but shall not disclose data that was classified as​ confidential or private data on decedents, under section 13.10, or private, confidential, or protected​ nonpublic data in the disseminating agency, except that the commissioner may disclose local social​ service agency data as provided in section 260E.35, on individual cases involving a fatality or near​ fatality of a person served by the local social service agency prior to the date of death.​ (e) A person attending a child mortality review panel meeting shall not disclose what transpired​ at the meeting, except to carry out the purposes of the mortality review panel. The proceedings and​ records of the mortality review panel are protected nonpublic data as defined in section 13.02,​ subdivision 13, and are not subject to discovery or introduction into evidence in a civil or criminal​ action against a professional, the state or a county agency, arising out of the matters the panel is​ reviewing. Information, documents, and records otherwise available from other sources are not​ 1R​ APPENDIX​ Repealed Minnesota Statutes: H5237-4​ immune from discovery or use in a civil or criminal action solely because they were presented​ during proceedings of the review panel. A person who presented information before the review​ panel or who is a member of the panel shall not be prevented from testifying about matters within​ the person's knowledge. However, in a civil or criminal proceeding a person shall not be questioned​ about the person's presentation of information to the review panel or opinions formed by the person​ as a result of the review meetings.​ Subd. 12a. Department of Human Services child fatality and near fatality review team. (a)​ The commissioner shall establish a Department of Human Services child fatality and near fatality​ review team to review child fatalities and near fatalities due to child maltreatment and child fatalities​ and near fatalities that occur in licensed facilities and are not due to natural causes. The review​ team shall assess the entire child protection services process from the point of a mandated reporter​ reporting the alleged maltreatment through the ongoing case management process. Department​ staff shall lead and conduct on-site local reviews and utilize supervisors from local county and tribal​ child welfare agencies as peer reviewers. The review process must focus on critical elements of the​ case and on the involvement of the child and family with the county or tribal child welfare agency.​ The review team shall identify necessary program improvement planning to address any practice​ issues identified and training and technical assistance needs of the local agency. Summary reports​ of each review shall be provided to the state child mortality review panel when completed.​ (b) A member of the child fatality and near fatality review team shall not disclose what transpired​ during the review, except to carry out the duties of the child fatality and near fatality review team.​ The proceedings and records of the child fatality and near fatality review team are protected nonpublic​ data as defined in section 13.02, subdivision 13, and are not subject to discovery or introduction​ into evidence in a civil or criminal action against a professional, the state, or a county agency arising​ out of the matters the team is reviewing. Information, documents, and records otherwise available​ from other sources are not immune from discovery or use in a civil or criminal action solely because​ they were assessed or presented during proceedings of the review team. A person who presented​ information before the review team or who is a member of the team shall not be prevented from​ testifying about matters within the person's knowledge. In a civil or criminal proceeding a person​ shall not be questioned about the person's presentation of information to the review team or opinions​ formed by the person as a result of the review.​ 260.755 DEFINITIONS.​ Subd. 13. Local social services agency. "Local social services agency" means the local agency​ under the authority of the county welfare or human services board or county board of commissioners​ which is responsible for human services.​ 2R​ APPENDIX​ Repealed Minnesota Statutes: H5237-4​ Laws 2023, chapter 25, section 190, subdivision 10​ Sec. 190. REPEALER.​ Subd. 10. Obsolete subdivision. Minnesota Statutes 2022, section 256B.051, subdivision 7, is​ repealed.​ Laws 2023, chapter 55, article 10, section 4​ Sec. 4. APPROPRIATION; VOLUNTARY PREKINDERGARTEN RESERVE.​ Subdivision 1. Department of Education. The sums indicated in this section are appropriated​ from the general fund to the Department of Education in the fiscal years designated.​ Subd. 2. Voluntary prekindergarten reserve. (a) The commissioner must reserve the following​ amount for future allocation towards 3,000 voluntary prekindergarten seats:​ 2024​ .....​ 0​ $​ 2025​ .....​ 50,000,000​ $​ (b) The 2024 legislature must provide direction to the commissioner on allocating the money​ reserved under paragraph (a).​ (c) This is a onetime appropriation and is available until June 30, 2026.​ Laws 2024, chapter 80, article 1, section 38 Subdivisions 3, 4, 11,​ Sec. 38. [142A.20] ADMINISTRATIVE AND JUDICIAL REVIEW OF CHILDREN,​ YOUTH, AND FAMILIES MATTERS.​ Subd. 3. Standard of evidence for maltreatment and disqualification hearings. (a) The state​ children, youth, and families judge shall determine that maltreatment has occurred if a preponderance​ of evidence exists to support the final disposition under chapter 260E or section 626.557. For​ purposes of hearings regarding disqualification, the state children, youth, and families judge shall​ affirm the proposed disqualification in an appeal under subdivision 2, paragraph (a), clause (5), if​ a preponderance of the evidence shows the individual has:​ (1) committed maltreatment under section 626.557 or chapter 260E that is serious or recurring;​ (2) committed an act or acts meeting the definition of any of the crimes listed in section 245C.15,​ subdivisions 1 to 4; or​ (3) failed to make required reports under section 626.557 or chapter 260E, for incidents in which​ the final disposition under section 626.557 or chapter 260E was substantiated maltreatment that​ was serious or recurring.​ (b) If the disqualification is affirmed, the state children, youth, and families judge shall determine​ whether the individual poses a risk of harm in accordance with the requirements of section 245C.22,​ and whether the disqualification should be set aside or not set aside. In determining whether the​ disqualification should be set aside, the children, youth, and families judge shall consider all of the​ characteristics that cause the individual to be disqualified, including those characteristics that were​ not subject to review under paragraph (a), in order to determine whether the individual poses a risk​ of harm. A decision to set aside a disqualification that is the subject of the hearing constitutes a​ determination that the individual does not pose a risk of harm and that the individual may provide​ direct contact services in the individual program specified in the set aside.​ (c) If a disqualification is based solely on a conviction or is conclusive for any reason under​ section 245C.29, the disqualified individual does not have a right to a hearing under this section.​ (d) The state children, youth, and families judge shall recommend an order to the commissioner​ of health; education; children, youth, and families; or human services, as applicable, who shall issue​ a final order. The commissioner shall affirm, reverse, or modify the final disposition. Any order of​ the commissioner issued in accordance with this subdivision is conclusive upon the parties unless​ appeal is taken in the manner provided in subdivision 7. In any licensing appeal under chapters​ 142B and 245C and sections 144.50 to 144.58 and 144A.02 to 144A.482, the commissioner's​ determination as to maltreatment is conclusive, as provided under section 245C.29.​ 3R​ APPENDIX​ Repealed Minnesota Session Laws: H5237-4​ Subd. 4. Conduct of hearings. (a) All hearings held pursuant to subdivision 2 or 3 shall be​ conducted according to the provisions of the federal Social Security Act and the regulations​ implemented in accordance with that act to enable this state to qualify for federal grants-in-aid and​ according to the rules and written policies of the commissioner. County agencies shall install​ equipment necessary to conduct telephone hearings. A state children, youth, and families judge​ may schedule a telephone conference hearing when the distance or time required to travel to the​ county agency offices will cause a delay in the issuance of an order, or to promote efficiency, or at​ the mutual request of the parties. Hearings may be conducted by telephone conferences unless the​ applicant, recipient, former recipient, person, or facility contesting maltreatment objects. A children,​ youth, and families judge may grant a request for a hearing in person by holding the hearing by​ interactive video technology or in person. The children, youth, and families judge must hear the​ case in person if the person asserts that either the person or a witness has a physical or mental​ disability that would impair the person's or witness's ability to fully participate in a hearing held by​ interactive video technology. The hearing shall not be held earlier than five days after filing of the​ required notice with the county or state agency. The state children, youth, and families judge shall​ notify all interested persons of the time, date, and location of the hearing at least five days before​ the date of the hearing. Interested persons may be represented by legal counsel or other representative​ of their choice, including a provider of therapy services, at the hearing and may appear personally,​ testify and offer evidence, and examine and cross-examine witnesses. The applicant, recipient,​ former recipient, person, or facility contesting maltreatment shall have the opportunity to examine​ the contents of the case file and all documents and records to be used by the county or state agency​ at the hearing at a reasonable time before the date of the hearing and during the hearing. In hearings​ under subdivision 2, paragraph (a), clauses (4) and (5), either party may subpoena the private data​ relating to the investigation prepared by the agency under section 626.557 or chapter 260E that are​ not otherwise accessible under section 13.04, provided the identity of the reporter may not be​ disclosed.​ (b) The private data obtained by subpoena in a hearing under subdivision 2, paragraph (a),​ clause (2), must be subject to a protective order that prohibits its disclosure for any other purpose​ outside the hearing provided for in this section without prior order of the district court. Disclosure​ without court order is punishable by a sentence of not more than 90 days imprisonment or a fine​ of not more than $1,000, or both. These restrictions on the use of private data do not prohibit access​ to the data under section 13.03, subdivision 6. Except for appeals under subdivision 2, paragraph​ (a), clause (2), upon request, the county agency shall provide reimbursement for transportation,​ child care, photocopying, medical assessment, witness fee, and other necessary and reasonable​ costs incurred by the applicant, recipient, or former recipient in connection with the appeal. All​ evidence, except that privileged by law, commonly accepted by reasonable people in the conduct​ of their affairs as having probative value with respect to the issues, shall be submitted at the hearing​ and the hearing shall not be "a contested case" within the meaning of section 14.02, subdivision 3.​ The agency must present its evidence prior to or at the hearing and may not submit evidence after​ the hearing except by agreement of the parties at the hearing, provided the petitioner has the​ opportunity to respond.​ (c) In hearings under subdivision 2, paragraph (a), clauses (2) and (5), involving determinations​ of maltreatment or disqualification made by more than one county agency, by a county agency and​ a state agency, or by more than one state agency, the hearings may be consolidated into a single​ fair hearing upon the consent of all parties and the state children, youth, and families judge.​ Subd. 11. Interagency agreement with DHS. The commissioner of children, youth, and families​ may enter into an agreement with the commissioner of human services so that the commissioner​ of human services may conduct hearings and recommend and issue orders on behalf of the​ commissioner of children, youth, and families in accordance with this section.​ Laws 2024, chapter 80, article 1, section 39​ Sec. 39. [142A.21] HEARING PROCEDURES.​ Subdivision 1. Scope. (a) The requirements in this section apply to all fair hearings and appeals​ under section 142A.20, subdivision 2, paragraph (a), clauses (1), (2), (3), and (6). Except as provided​ in subdivisions 3 and 19, the requirements under this section apply to fair hearings and appeals​ under section 142A.20, subdivision 2, paragraph (a), clause (2).​ (b) For purposes of this section, "person" means an individual who, on behalf of themselves or​ their household, is appealing, disputing, or challenging an action, a decision, or a failure to act by​ an agency in the children, youth, and families system. When a person involved in a proceeding​ under this section is represented by an attorney or by an authorized representative, the term "person"​ 4R​ APPENDIX​ Repealed Minnesota Session Laws: H5237-4​ also means the person's attorney or authorized representative. Any notice sent to the person involved​ in the hearing must also be sent to the person's attorney or authorized representative.​ (c) For purposes of this section, "agency" means the county human services agency, the​ Department of Children, Youth, and Families, and, where applicable, any entity involved under a​ contract, subcontract, grant, or subgrant with the state agency or with a county agency, that provides​ or operates programs or services in which appeals are governed by section 142A.20.​ Subd. 2. Access to files. A person involved in a fair hearing appeal has the right of access to​ the person's complete case files and to examine all private welfare data on the person that has been​ generated, collected, stored, or disseminated by the agency. A person involved in a fair hearing​ appeal has the right to a free copy of all documents in the case file involved in a fair hearing appeal.​ For purposes of this section, "case file" means the information, documents, and data, in whatever​ form, that have been generated, collected, stored, or disseminated by the agency in connection with​ the person and the program or service involved.​ Subd. 3. Agency appeal summary. (a) Except in fair hearings and appeals under section​ 142A.20, subdivision 2, paragraph (a), clauses (4) and (5), the agency involved in an appeal must​ prepare a state agency appeal summary for each fair hearing appeal. The state agency appeal​ summary shall be mailed or otherwise delivered to the person who is involved in the appeal at least​ three working days before the date of the hearing. The state agency appeal summary must also be​ mailed or otherwise delivered to the department's Appeals Office at least three working days before​ the date of the fair hearing appeal.​ (b) In addition, the children, youth, and families judge shall confirm that the state agency appeal​ summary is mailed or otherwise delivered to the person involved in the appeal as required under​ paragraph (a). The person involved in the fair hearing should be provided, through the state agency​ appeal summary or other reasonable methods, appropriate information about the procedures for the​ fair hearing and an adequate opportunity to prepare. These requirements apply equally to the state​ agency or an entity under contract when involved in the appeal.​ (c) The contents of the state agency appeal summary must be adequate to inform the person​ involved in the appeal of the evidence on which the agency relies and the legal basis for the agency's​ action or determination.​ Subd. 4. Enforcing access to files. A person involved in a fair hearing appeal may enforce the​ right of access to data and copies of the case file by making a request to the children, youth, and​ families judge. The children, youth, and families judge will make an appropriate order enforcing​ the person's rights under the Minnesota Government Data Practices Act, including but not limited​ to, ordering access to files, data, and documents; continuing a hearing to allow adequate time for​ access to data; or prohibiting use by the agency of files, data, or documents that have been generated,​ collected, stored, or disseminated without compliance with the Minnesota Government Data Practices​ Act and that have not been provided to the person involved in the appeal.​ Subd. 5. Prehearing conferences. (a) The children, youth, and families judge prior to a fair​ hearing appeal may hold a prehearing conference to further the interests of justice or efficiency and​ must include the person involved in the appeal. A person involved in a fair hearing appeal or the​ agency may request a prehearing conference. The prehearing conference may be conducted by​ telephone, in person, or in writing. The prehearing conference may address the following:​ (1) disputes regarding access to files, evidence, subpoenas, or testimony;​ (2) the time required for the hearing or any need for expedited procedures or decision;​ (3) identification or clarification of legal or other issues that may arise at the hearing;​ (4) identification of and possible agreement to factual issues; and​ (5) scheduling and any other matter that will aid in the proper and fair functioning of the hearing.​ (b) The children, youth, and families judge shall make a record or otherwise contemporaneously​ summarize the prehearing conference in writing, which shall be sent to both the person involved​ in the hearing, the person's attorney or authorized representative, and the agency. A children, youth,​ and families judge may make and issue rulings and orders while the appeal is pending. During the​ pendency of the appeal, these rulings and orders are not subject to a request for reconsideration or​ appeal. These rulings and orders are subject to review under subdivision 24 and section 142A.20,​ subdivision 7.​ 5R​ APPENDIX​ Repealed Minnesota Session Laws: H5237-4​ Subd. 6. Appeal request for emergency assistance or urgent matter. (a) When an appeal​ involves an application for emergency assistance, the agency involved shall mail or otherwise​ deliver the state agency appeal summary to the department's Appeals Office within two working​ days of receiving the request for an appeal. A person may also request that a fair hearing be held​ on an emergency basis when the issue requires an immediate resolution. The children, youth, and​ families judge shall schedule the fair hearing on the earliest available date according to the urgency​ of the issue involved. Issuance of the recommended decision after an emergency hearing shall be​ expedited.​ (b) The commissioner shall issue a written decision within five working days of receiving the​ recommended decision, shall immediately inform the parties of the outcome by telephone, and shall​ mail the decision no later than two working days following the date of the decision.​ Subd. 7. Continuance, rescheduling, or adjourning a hearing. (a) A person involved in a​ fair hearing, or the agency, may request a continuance, a rescheduling, or an adjournment of a​ hearing for a reasonable period of time. The grounds for granting a request for a continuance, a​ rescheduling, or adjournment of a hearing include, but are not limited to, the following:​ (1) to reasonably accommodate the appearance of a witness;​ (2) to ensure that the person has adequate opportunity for preparation and for presentation of​ evidence and argument;​ (3) to ensure that the person or the agency has adequate opportunity to review, evaluate, and​ respond to new evidence, or where appropriate, to require that the person or agency review, evaluate,​ and respond to new evidence;​ (4) to permit the person involved and the agency to negotiate toward resolution of some or all​ of the issues where both agree that additional time is needed;​ (5) to permit the agency to reconsider a previous action or determination;​ (6) to permit or to require the performance of actions not previously taken; and​ (7) to provide additional time or to permit or require additional activity by the person or agency​ as the interests of fairness may require.​ (b) Requests for continuances or for rescheduling may be made orally or in writing. The person​ or agency requesting the continuance or rescheduling must first make reasonable efforts to contact​ the other participants in the hearing or their representatives and seek to obtain an agreement on the​ request. Requests for continuance or rescheduling should be made no later than three working days​ before the scheduled date of the hearing, unless there is a good cause as specified in subdivision​ 13. Granting a continuance or rescheduling may be conditioned upon a waiver by the requester of​ applicable time limits but should not cause unreasonable delay.​ Subd. 8. Subpoenas. (a) A person involved in a fair hearing or the agency may request a​ subpoena for a witness, for evidence, or for both. A reasonable number of subpoenas shall be issued​ to require the attendance and the testimony of witnesses, and the production of evidence relating​ to any issue of fact in the appeal hearing. The request for a subpoena must show a need for the​ subpoena and the general relevance to the issues involved. The subpoena shall be issued in the​ name of the department and shall be served and enforced as provided in section 357.22 and the​ Minnesota Rules of Civil Procedure.​ (b) An individual or entity served with a subpoena may petition the children, youth, and families​ judge in writing to vacate or modify a subpoena. The children, youth, and families judge shall​ resolve such a petition in a prehearing conference involving all parties and shall make a written​ decision. A subpoena may be vacated or modified if the children, youth, and families judge​ determines that the testimony or evidence sought does not relate with reasonable directness to the​ issues of the fair hearing appeal; that the subpoena is unreasonable, over broad, or oppressive; that​ the evidence sought is repetitious or cumulative; or that the subpoena has not been served reasonably​ in advance of the time when the appeal hearing will be held.​ Subd. 9. No ex parte contact. The children, youth, and families judge shall not have ex parte​ contact on substantive issues with the agency or with any person or witness in a fair hearing appeal.​ No employee of the department or agency shall review, interfere with, change, or attempt to influence​ the recommended decision of the children, youth, and families judge in any fair hearing appeal,​ except through the procedure allowed in subdivision 18. The limitations in this subdivision do not​ affect the commissioner's authority to review or reconsider decisions or make final decisions.​ 6R​ APPENDIX​ Repealed Minnesota Session Laws: H5237-4​ Subd. 10. Telephone or face-to-face hearing. A fair hearing appeal may be conducted by​ telephone, by other electronic media, or by an in-person, face-to-face hearing. At the request of the​ person involved in a fair hearing appeal or their representative, a face-to-face hearing shall be​ conducted with all participants personally present before the children, youth, and families judge.​ Subd. 11. Hearing facilities and equipment. The children, youth, and families judge shall​ conduct the hearing in the county where the person involved resides, unless an alternate location​ is mutually agreed upon before the hearing, or unless the person has agreed to a hearing by telephone.​ Hearings under section 142A.20, subdivision 2, paragraph (a), clauses (4) and (5), must be conducted​ in the county where the determination was made, unless an alternate location is mutually agreed​ upon before the hearing. The hearing room shall be of sufficient size and layout to adequately​ accommodate both the number of individuals participating in the hearing and any identified special​ needs of any individual participating in the hearing. The children, youth, and families judge shall​ ensure that all communication and recording equipment that is necessary to conduct the hearing​ and to create an adequate record is present and functioning properly. If any necessary communication​ or recording equipment fails or ceases to operate effectively, the children, youth, and families judge​ shall take any steps necessary, including stopping or adjourning the hearing, until the necessary​ equipment is present and functioning properly. All reasonable efforts shall be undertaken to prevent​ and avoid any delay in the hearing process caused by defective communication or recording​ equipment.​ Subd. 12. Interpreter and translation services. The children, youth, and families judge has a​ duty to inquire and to determine whether any participant in the hearing needs the services of an​ interpreter or translator in order to participate in or to understand the hearing process. Necessary​ interpreter or translation services must be provided at no charge to the person involved in the hearing.​ If it appears that interpreter or translation services are needed but are not available for the scheduled​ hearing, the children, youth, and families judge shall continue or postpone the hearing until​ appropriate services can be provided.​ Subd. 13. Failure to appear; good cause. If a person involved in a fair hearing appeal fails to​ appear at the hearing, the children, youth, and families judge may dismiss the appeal. The children,​ youth, and families judge may reopen the appeal if within ten working days after the date of the​ dismissal the person files information in writing with the children, youth, and families judge to​ show good cause for not appearing. Good cause can be shown when there is:​ (1) a death or serious illness in the person's family;​ (2) a personal injury or illness that reasonably prevents the person from attending the hearing;​ (3) an emergency, crisis, or unforeseen event that reasonably prevents the person from attending​ the hearing;​ (4) an obligation or responsibility of the person that a reasonable person, in the conduct of one's​ affairs, could reasonably determine takes precedence over attending the hearing;​ (5) lack of or failure to receive timely notice of the hearing in the preferred language of the​ person involved in the hearing; and​ (6) excusable neglect, excusable inadvertence, excusable mistake, or other good cause as​ determined by the children, youth, and families judge.​ Subd. 14. Commencement of hearing. The children, youth, and families judge shall begin​ each hearing by describing the process to be followed in the hearing, including the swearing in of​ witnesses, how testimony and evidence are presented, the order of examining and cross-examining​ witnesses, and the opportunity for an opening statement and a closing statement. The children,​ youth, and families judge shall identify for the participants the issues to be addressed at the hearing​ and shall explain to the participants the burden of proof that applies to the person involved and the​ agency. The children, youth, and families judge shall confirm, prior to proceeding with the hearing,​ that the state agency appeal summary, if required under subdivision 3, has been properly completed​ and provided to the person involved in the hearing, and that the person has been provided documents​ and an opportunity to review the case file, as provided in this section.​ Subd. 15. Conduct of the hearing. The children, youth, and families judge shall act in a fair​ and impartial manner at all times. At the beginning of the hearing the agency must designate one​ person as their representative who shall be responsible for presenting the agency's evidence and​ questioning any witnesses. The children, youth, and families judge shall make sure that the person​ and the agency are provided sufficient time to present testimony and evidence, to confront and​ cross-examine all adverse witnesses, and to make any relevant statement at the hearing. The children,​ 7R​ APPENDIX​ Repealed Minnesota Session Laws: H5237-4​ youth, and families judge shall make reasonable efforts to explain the hearing process to persons​ who are not represented and shall ensure that the hearing is conducted fairly and efficiently. Upon​ the reasonable request of the person or the agency involved, the children, youth, and families judge​ may direct witnesses to remain outside the hearing room, except during their individual testimony.​ The children, youth, and families judge shall not terminate the hearing before affording the person​ and the agency a complete opportunity to submit all admissible evidence and reasonable opportunity​ for oral or written statement. If a hearing lasts longer than anticipated, the hearing shall be​ rescheduled or continued from day-to-day until completion. Hearings that have been continued​ shall be timely scheduled to minimize delay in the disposition of the appeal.​ Subd. 16. Scope of issues addressed at the hearing. The hearing shall address the correctness​ and legality of the agency's action and shall not be limited simply to a review of the propriety of​ the agency's action. The person involved may raise and present evidence on all legal claims or​ defenses arising under state or federal law as a basis for appealing or disputing an agency action​ but not constitutional claims beyond the jurisdiction of the fair hearing. The children, youth, and​ families judge may take official notice of adjudicative facts.​ Subd. 17. Burden of persuasion. The burden of persuasion is governed by specific state or​ federal law and regulations that apply to the subject of the hearing. If there is no specific law, then​ the participant in the hearing who asserts the truth of a claim is under the burden to persuade the​ children, youth, and families judge that the claim is true.​ Subd. 18. Inviting comment by department. The children, youth, and families judge or the​ commissioner may determine that a written comment by the department about the policy implications​ of a specific legal issue could help resolve a pending appeal. Such a written policy comment from​ the department shall be obtained only by a written request that is also sent to the person involved​ and to the agency or its representative. When such a written comment is received, both the person​ involved in the hearing and the agency shall have adequate opportunity to review, evaluate, and​ respond to the written comment, including submission of additional testimony or evidence, and​ cross-examination concerning the written comment.​ Subd. 19. Developing the record. The children, youth, and families judge shall accept all​ evidence, except evidence privileged by law, that is commonly accepted by reasonable people in​ the conduct of their affairs as having probative value on the issues to be addressed at the hearing.​ Except in fair hearings and appeals under section 142A.20, subdivision 2, paragraph (a), clauses​ (4) and (5), in cases involving medical issues such as a diagnosis, a physician's report, or a review​ team's decision, the children, youth, and families judge shall consider whether it is necessary to​ have a medical assessment other than that of the individual making the original decision. When​ necessary, the children, youth, and families judge shall require an additional assessment be obtained​ at agency expense and made part of the hearing record. The children, youth, and families judge​ shall ensure for all cases that the record is sufficiently complete to make a fair and accurate decision.​ Subd. 20. Unrepresented persons. In cases involving unrepresented persons, the children,​ youth, and families judge shall take appropriate steps to identify and develop in the hearing relevant​ facts necessary for making an informed and fair decision. These steps may include, but are not​ limited to, asking questions of witnesses and referring the person to a legal services office. An​ unrepresented person shall be provided an adequate opportunity to respond to testimony or other​ evidence presented by the agency at the hearing. The children, youth, and families judge shall ensure​ that an unrepresented person has a full and reasonable opportunity at the hearing to establish a​ record for appeal.​ Subd. 21. Closing of the record. The agency must present its evidence prior to or at the hearing.​ The agency shall not be permitted to submit evidence after the hearing except by agreement at the​ hearing between the person involved, the agency, and the children, youth, and families judge. If​ evidence is submitted after the hearing, based on such an agreement, the person involved and the​ agency must be allowed sufficient opportunity to respond to the evidence. When necessary, the​ record shall remain open to permit a person to submit additional evidence on the issues presented​ at the hearing.​ Subd. 22. Decisions. (a) A timely, written decision must be issued in every appeal. Each decision​ must contain a clear ruling on the issues presented in the appeal hearing and should contain a ruling​ only on questions directly presented by the appeal and the arguments raised in the appeal.​ (b) A written decision must be issued within 90 days of the date the person involved requested​ the appeal unless a shorter time is required by law. An additional 30 days is provided in those cases​ where the commissioner refuses to accept the recommended decision. In appeals of maltreatment​ 8R​ APPENDIX​ Repealed Minnesota Session Laws: H5237-4​ determinations or disqualifications filed pursuant to section 142A.20, subdivision 2, paragraph (a),​ clause (4) or (5), that also give rise to possible licensing actions, the 90-day period for issuing final​ decisions does not begin until the later of the date that the licensing authority provides notice to the​ appeals division that the authority has made the final determination in the matter or the date the​ appellant files the last appeal in the consolidated matters.​ (c) The decision must contain both findings of fact and conclusions of law, clearly separated​ and identified. The findings of fact must be based on the entire record. Each finding of fact made​ by the children, youth, and families judge shall be supported by a preponderance of the evidence​ unless a different standard is required under the regulations of a particular program. The​ "preponderance of the evidence" means, in light of the record as a whole, the evidence leads the​ children, youth, and families judge to believe that the finding of fact is more likely to be true than​ not true. The legal claims or arguments of a participant do not constitute either a finding of fact or​ a conclusion of law, except to the extent the children, youth, and families judge adopts an argument​ as a finding of fact or conclusion of law.​ (d) The decision shall contain at least the following:​ (1) a listing of the date and place of the hearing and the participants at the hearing;​ (2) a clear and precise statement of the issues, including the dispute under consideration and​ the specific points that must be resolved in order to decide the case;​ (3) a listing of the material, including exhibits, records, reports, placed into evidence at the​ hearing, and upon which the hearing decision is based;​ (4) the findings of fact based upon the entire hearing record. The findings of fact must be​ adequate to inform the participants and any interested person in the public of the basis of the decision.​ If the evidence is in conflict on an issue that must be resolved, the findings of fact must state the​ reasoning used in resolving the conflict;​ (5) conclusions of law that address the legal authority for the hearing and the ruling and give​ appropriate attention to the claims of the participants to the hearing;​ (6) a clear and precise statement of the decision made resolving the dispute under consideration​ in the hearing; and​ (7) written notice of the right to appeal to district court or to request reconsideration, and of the​ actions required and the time limits for taking appropriate action to appeal to district court or to​ request a reconsideration.​ (e) The children, youth, and families judge shall not independently investigate facts or otherwise​ rely on information not presented at the hearing. The children, youth, and families judge may not​ contact other agency personnel, except as provided in subdivision 18. The children, youth, and​ families judge's recommended decision must be based exclusively on the testimony and evidence​ presented at the hearing, and legal arguments presented, and the children, youth, and families judge's​ research and knowledge of the law.​ (f) The commissioner will review the recommended decision and accept or refuse to accept the​ decision according to section 142A.20, subdivision 5.​ Subd. 23. Refusal to accept recommended orders. (a) If the commissioner refuses to accept​ the recommended order from the children, youth, and families judge, the person involved, the​ person's attorney or authorized representative, and the agency shall be sent a copy of the​ recommended order, a detailed explanation of the basis for refusing to accept the recommended​ order, and the proposed modified order.​ (b) The person involved and the agency shall have at least ten business days to respond to the​ proposed modification of the recommended order. The person involved and the agency may submit​ a legal argument concerning the proposed modification, and may propose to submit additional​ evidence that relates to the proposed modified order.​ Subd. 24. Reconsideration. (a) Reconsideration may be requested within 30 days of the date​ of the commissioner's final order. If reconsideration is requested under section 142A.20, subdivision​ 5, the other participants in the appeal shall be informed of the request. The person seeking​ reconsideration has the burden to demonstrate why the matter should be reconsidered. The request​ for reconsideration may include legal argument and may include proposed additional evidence​ supporting the request. The other participants shall be sent a copy of all material submitted in support​ of the request for reconsideration and must be given ten days to respond.​ 9R​ APPENDIX​ Repealed Minnesota Session Laws: H5237-4​ (b) When the requesting party raises a question as to the appropriateness of the findings of fact,​ the commissioner shall review the entire record.​ (c) When the requesting party questions the appropriateness of a conclusion of law, the​ commissioner shall consider the recommended decision, the decision under reconsideration, and​ the material submitted in connection with the reconsideration. The commissioner shall review the​ remaining record as necessary to issue a reconsidered decision.​ (d) The commissioner shall issue a written decision on reconsideration in a timely fashion. The​ decision must clearly inform the parties that this constitutes the final administrative decision, advise​ the participants of the right to seek judicial review, and the deadline for doing so.​ Subd. 25. Access to appeal decisions. Appeal decisions must be maintained in a manner so​ that the public has ready access to previous decisions on particular topics, subject to appropriate​ procedures for safeguarding names, personal identifying information, and other private data on the​ individual persons involved in the appeal.​ Laws 2024, chapter 80, article 1, section 43, subdivision 2​ Sec. 43. [142A.27] ADMINISTRATIVE FRAUD DISQUALIFICATION HEARINGS.​ Subd. 2. Combined hearing. The children, youth, and families judge may combine a fair hearing​ under section 142A.20 and administrative fraud disqualification hearing under this section into a​ single hearing if the factual issues arise out of the same, or related, circumstances and the individual​ receives prior notice that the hearings will be combined. If the administrative fraud disqualification​ hearing and fair hearing are combined, the time frames for administrative fraud disqualification​ hearings specified in Code of Federal Regulations, title 7, section 273.16, apply. If the individual​ accused of wrongfully obtaining assistance is charged under section 142A.25 or 256.98 for the​ same act or acts that are the subject of the hearing, the individual may request that the hearing be​ delayed until the criminal charge is decided by the court or withdrawn.​ (b) A human services judge may combine a fair hearing and administrative fraud disqualification​ hearing pursuant to section 142A.27, subdivision 2, or 256.046, subdivision 2, if either is under the​ jurisdiction of the commissioner of human services or the commissioner of children, youth, and​ families.​ Laws 2024, chapter 80, article 2, section 1, subdivision 11​ Section 1. [142B.01] DEFINITIONS.​ Subd. 11. Foster residence setting. "Foster residence setting" has the meaning given in​ Minnesota Rules, part 2960.3010, subpart 26, and includes settings licensed by the commissioner​ of children, youth, and families or the commissioner of corrections.​ Laws 2024, chapter 80, article 2, section 10, subdivision 4​ Sec. 10. [142B.18] SANCTIONS.​ Subd. 4. Immediate suspension of residential programs. For suspensions issued to a licensed​ residential program as defined in section 142B.01, subdivision 24, the effective date of the order​ may be delayed for up to 30 calendar days to provide for the continuity of care of service recipients.​ The license holder must cooperate with the commissioner to ensure service recipients receive​ continued care during the period of the delay and to facilitate the transition of service recipients to​ new providers. In these cases, the suspension order takes effect when all service recipients have​ been transitioned to a new provider or 30 days after the suspension order was issued, whichever​ comes first.​ Laws 2024, chapter 80, article 2, section 3, subdivision 3​ Sec. 3. [142B.03] SYSTEMS AND RECORDS.​ Subd. 3. First date of working in a setting; documentation requirements. Foster residence​ setting license holders must document the first date that a person who is a background study subject​ begins working in the license holder's setting. If the license holder does not maintain documentation​ of each background study subject's first date of working in the setting in the license holder's personnel​ files, the license holder must provide documentation to the commissioner that contains the first date​ that each background study subject began working in the license holder's program upon the​ commissioner's request.​ Laws 2024, chapter 80, article 2, section 33​ 10R​ APPENDIX​ Repealed Minnesota Session Laws: H5237-4​ Sec. 33. Minnesota Statutes 2022, section 245A.02, subdivision 6e, is amended to read:​ Subd. 6e. Foster residence setting. "Foster residence setting" has the meaning given in​ Minnesota Rules, part 2960.3010, subpart 26, and includes settings licensed by the commissioner​ of human services children, youth, and families or the commissioner of corrections.​ Laws 2024, chapter 80, article 2, section 4, subdivision 4​ Sec. 4. [142B.05] WHO MUST BE LICENSED.​ Subd. 4. Licensing moratorium. (a) The commissioner shall not issue an initial license for​ child foster care licensed under Minnesota Rules, parts 2960.3000 to 2960.3340, under this chapter​ for a physical location that will not be the primary residence of the license holder for the entire​ period of licensure. If a family child foster care home license is issued during this moratorium and​ the license holder changes the license holder's primary residence away from the physical location​ of the foster care license, the commissioner shall revoke the license according to section 142B.18.​ When approving an exception under this paragraph, the commissioner shall consider the resource​ need determination process in paragraph (e), the availability of foster care licensed beds in the​ geographic area in which the licensee seeks to operate, the results of a person's choices during their​ annual assessment and service plan review, and the recommendation of the local county board. The​ determination by the commissioner is final and not subject to appeal. Exceptions to the moratorium​ include:​ (1) foster care licenses replacing foster care licenses in existence on May 15, 2009, and​ determined to be needed by the commissioner under paragraph (b); and​ (2) new foster care licenses determined to be needed by the commissioner under paragraph (b)​ for persons requiring hospital-level care.​ (b) The commissioner shall determine the need for newly licensed foster care homes. As part​ of the determination, the commissioner shall consider the availability of foster care capacity in the​ area in which the licensee seeks to operate, and the recommendation of the local county board. The​ determination by the commissioner must be final. A determination of need is not required for a​ change in ownership at the same address.​ (c) At the time of application and reapplication for licensure, the applicant and the license holder​ that are subject to the moratorium or an exclusion established in paragraph (a) are required to inform​ the commissioner whether the physical location where the foster care will be provided is or will be​ the primary residence of the license holder for the entire period of licensure. If the primary residence​ of the applicant or license holder changes, the applicant or license holder must notify the​ commissioner immediately. The commissioner shall print on the foster care license certificate​ whether or not the physical location is the primary residence of the license holder.​ (d) License holders of foster care homes identified under paragraph (c) that are not the primary​ residence of the license holder and that also provide services in the foster care home that are covered​ by a federally approved home and community-based services waiver, as authorized under chapter​ 256S or section 256B.092 or 256B.49, must inform the children, youth, and families licensing​ division that the license holder provides or intends to provide these waiver-funded services.​ (e) The commissioner may adjust capacity to address needs identified in section 144A.351.​ Under this authority, the commissioner may approve new licensed settings or delicense existing​ settings. Delicensing of settings will be accomplished through a process identified in section​ 256B.493.​ Laws 2024, chapter 80, article 2, section 69​ Sec. 69. Minnesota Statutes 2022, section 245A.25, subdivision 1, is amended to read:​ Subdivision 1. Certification scope and applicability. (a) This section establishes the​ requirements that a children's residential facility or child foster residence setting must meet to be​ certified for the purposes of Title IV-E funding requirements as:​ (1) a qualified residential treatment program;​ (2) a residential setting specializing in providing care and supportive services for youth who​ have been or are at risk of becoming victims of sex trafficking or commercial sexual exploitation;​ (3) a residential setting specializing in providing prenatal, postpartum, or parenting support for​ youth; or​ 11R​ APPENDIX​ Repealed Minnesota Session Laws: H5237-4​ (4) a supervised independent living setting for youth who are 18 years of age or older.​ (b) This section does not apply to a foster family setting in which the license holder resides in​ the foster home.​ (c) Children's residential facilities licensed as detention settings according to Minnesota Rules,​ parts 2960.0230 to 2960.0290, or secure programs according to Minnesota Rules, parts 2960.0300​ to 2960.0420, may not be certified under this section.​ (d) For purposes of this section, "license holder" means an individual, organization, or​ government entity that was issued a children's residential facility or foster residence setting license​ by the commissioner of human services under this chapter; by the commissioner of children, youth,​ and families under chapter 142B; or by the commissioner of corrections under chapter 241.​ (e) Certifications issued under this section for foster residence settings may only be issued by​ the commissioner of human services and are not delegated to county or private licensing agencies​ under section 245A.16.​ Laws 2024, chapter 80, article 7, section 3​ Sec. 3. Minnesota Statutes 2022, section 256J.08, subdivision 32, is amended to read:​ Subd. 32. Fair hearing or hearing. "Fair hearing" or "hearing" means the evidentiary hearing​ conducted by the department human services of children, youth, and families judge to resolve​ disputes as specified in section 256J.40, or if not applicable, section 256.045.​ Laws 2024, chapter 80, article 7, section 9​ Sec. 9. Minnesota Statutes 2023 Supplement, section 256J.40, is amended to read:​ 256J.40 FAIR HEARINGS.​ Caregivers receiving a notice of intent to sanction or a notice of adverse action that includes a​ sanction, reduction in benefits, suspension of benefits, denial of benefits, or termination of benefits​ may request a fair hearing. A request for a fair hearing must be submitted in writing to the county​ agency or to the commissioner and must be mailed within 30 days after a participant or former​ participant receives written notice of the agency's action or within 90 days when a participant or​ former participant shows good cause for not submitting the request within 30 days. A former​ participant who receives a notice of adverse action due to an overpayment may appeal the adverse​ action according to the requirements in this section. Issues that may be appealed are:​ (1) the amount of the assistance payment;​ (2) a suspension, reduction, denial, or termination of assistance;​ (3) the basis for an overpayment, the calculated amount of an overpayment, and the level of​ recoupment;​ (4) the eligibility for an assistance payment; and​ (5) the use of protective or vendor payments under section 256J.39, subdivision 2, clauses (1)​ to (3).​ A county agency must not reduce, suspend, or terminate payment when an aggrieved participant​ requests a fair hearing prior to the effective date of the adverse action or within ten days of the​ mailing of the notice of adverse action, whichever is later, unless the participant requests in writing​ not to receive continued assistance pending a hearing decision. Assistance issued pending a fair​ hearing is subject to recovery under section 256P.08 when as a result of the fair hearing decision​ the participant is determined ineligible for assistance or the amount of the assistance received. A​ county agency may increase or reduce an assistance payment while an appeal is pending when the​ circumstances of the participant change and are not related to the issue on appeal. The commissioner's​ order is binding on a county agency. No additional notice is required to enforce the commissioner's​ order.​ A county agency shall reimburse appellants for reasonable and necessary expenses of attendance​ at the hearing, such as child care and transportation costs and for the transportation expenses of the​ appellant's witnesses and representatives to and from the hearing. Reasonable and necessary expenses​ do not include legal fees. Fair hearings must be conducted at a reasonable time and date by an​ impartial human services children, youth, and families judge employed by the department. The​ 12R​ APPENDIX​ Repealed Minnesota Session Laws: H5237-4​ hearing may be conducted by telephone or at a site that is readily accessible to persons with​ disabilities.​ The appellant may introduce new or additional evidence relevant to the issues on appeal.​ Recommendations of the human services children, youth, and families judge and decisions of the​ commissioner must be based on evidence in the hearing record and are not limited to a review of​ the county agency action.​ 13R​ APPENDIX​ Repealed Minnesota Session Laws: H5237-4​ 9502.0425 PHYSICAL ENVIRONMENT.​ Subp. 5. Occupancy separations. Day care residences with an attached garage must​ have a self-closing, tight fitting solid wood bonded core door at least 1-3/8 inch thick, or​ door with a fire protection rating of 20 minutes or greater and a separation wall consisting​ of 5/8 inch thick gypsum wallboard or its equivalent on the garage side between the residence​ and garage.​ Subp. 10. Stairways. All stairways must meet the following conditions.​ A. Stairways of three or more steps must have handrails.​ B. Any open area between the handrail and stair tread must be enclosed with a​ protective guardrail as specified in the State Building Code. The back of the stair risers must​ be enclosed.​ C. Gates or barriers must be used when children between the ages of 6 and 18​ months are in care.​ D. Stairways must be well-lighted, in good repair, and free of clutter and​ obstructions.​ 9545.0805 PERSONNEL.​ Subpart 1. Supervision by a licensed independent social worker or independent​ clinical social worker. An independent social worker or independent clinical social worker​ as defined in Minnesota Statutes, section 148B.21, must supervise an agency's case work.​ Supervising an agency's case work includes reviewing and approving each written home​ study the agency completes on prospective foster parents or applicants to adopt. An agency​ can meet the supervision requirement by complying with item A, B, C, or D.​ A. The agency's chief executive officer is a licensed independent social worker​ or independent clinical social worker and supervises staff members providing case work.​ B. The person who does the case work is licensed as an independent social worker​ or independent clinical social worker.​ C. The agency contracts with a licensed independent social worker or independent​ clinical social worker to supervise staff members' case work.​ D. The agency may retain a supervisor with education or experience comparable​ to the requirements stated in item A, B, or C if one of the exceptions in Minnesota Statutes,​ section 148B.28, applies.​ 9545.0845 PLAN FOR TRANSFER OF RECORDS.​ An applicant for initial or continuing licensure must submit a written plan indicating​ how the agency will provide for the transfer of records on both open and closed cases if the​ agency closes. The plan must provide for managing private and confidential information​ on agency clients, according to Minnesota Statutes, section 259.79. A controlling individual​ of the agency must sign the plan.​ A. Plans for the transfer of open cases and case records must specify arrangements​ the agency will make to transfer clients to another agency or county for continuation of​ services and to transfer the case record with the client.​ B. Plans for the transfer of closed adoption records must be accompanied by a​ signed agreement or other documentation indicating that a county or licensed child placing​ agency has agreed to accept and maintain the agency's closed case records and to provide​ follow-up services to affected clients.​ 14R​ APPENDIX​ Repealed Minnesota Rules: H5237-4​ 9560.0232 ADMINISTRATIVE REQUIREMENTS.​ Subp. 5. Child mortality review panel.​ A. For purposes of this subpart, "local review panel" means a local​ multidisciplinary child mortality review panel.​ B. Under the commissioner's authority in Minnesota Statutes, section 256.01,​ subdivision 12, paragraph (b), each county shall establish a local review panel and shall​ participate on the local review panel. The local agency's child protection team may serve​ as the local review panel. The local review panel shall require participation by professional​ representatives, including professionals with knowledge of the child mortality case being​ reviewed.​ C. The local review panel shall:​ (1) have access to not public data under Minnesota Statutes, section 256.01,​ subdivision 12, paragraph (c), maintained by state agencies, statewide systems, or political​ subdivisions that are related to a child's death or circumstances surrounding the care of the​ child;​ (2) conduct a local review of the case within 60 days of the death of a child​ if:​ (a) the death was caused by maltreatment;​ (b) the manner of death was due to sudden infant death syndrome or was​ other than by natural causes, and the child was a member of a family receiving social services​ from a local agency, a member of a family that received social services during the year​ before the child's death, or a member of a family that was the subject of a child protection​ assessment; or​ (c) the death occurred in a facility licensed by the department if the​ manner of death was by other than natural causes; and​ (3) submit a report of the review to the department within 30 days of​ completing subitem (2).​ A review may be delayed if there is pending litigation or an active assessment or​ investigation.​ D. Under Minnesota Statutes, section 256.01, subdivision 12, paragraph (d):​ (1) data acquired by the local review panel in the exercise of its duty is​ protected nonpublic or confidential data as defined in Minnesota Statutes, section 13.02,​ but may be disclosed as necessary to carry out the purposes of the local review panel. The​ data is not subject to subpoena or discovery; and​ (2) the commissioner may disclose conclusions of the local review panel, but​ shall not disclose data classified as confidential or private on decedents under Minnesota​ Statutes, section 13.10, or data classified as private, confidential, or protected nonpublic in​ the disseminating agency.​ E. Persons attending the local review panel meeting, members of the local review​ panel, persons who presented information to the local review panel, and all data, information,​ documents, and records pertaining to the local review panel must comply with the​ requirements under Minnesota Statutes, section 256.01, subdivision 12, paragraph (e).​ F. When the department notifies the local agency that a state review will be​ conducted under Minnesota Statutes, section 256.01, subdivision 12, paragraph (a), the local​ agency shall submit a copy of the social services file within five working days.​ 15R​ APPENDIX​ Repealed Minnesota Rules: H5237-4​