The Minnesota legislature made substantial changes to Minnesota’s education laws, policy and funding during the 2023 legislative session. Many of these changes will benefit children with disabilities and their families. In this post, we will try to highlight the expansive changes this session.  For further information please review the statutory language and/or contact a school law attorney.

December 9, 2023 UPDATE: The Minnesota Department of Education Equity, Diversity, and Inclusion Center recently put out their own 2023 legislative summary which can be downloaded here.

December 27, 2023 UPDATE: The Minnesota Department of Education published a Legislative Update Pertaining to Restrictive Procedures, Prone Restraint and Reasonable Force.

READ Act 

One of the most profound changes of this session was the READ Act, a law that requires all schools use evidence-based reading instruction that was championed by dyslexia advocates. This law clarifies state educational standards requiring identification of dyslexia and accelerated growth so that all children can read at or above grade level that were contained in the former Read Proficiently by Grade Three state law.  Although the new law is effective July 1, 2023, it will likely take until the 2026-2027 school year to fully implement. For example, schools must submit their new local literacy plans in June 2024 and submit newly required universal screening data by June 2025. There have been several news agencies and groups who have delved into this act including MPR News, MinnPost, and Decoding Dyslexia. The Minnesota Department of Education (MDE) has launched a website for the public to follow the rollout of this new law. See HF 2497/SF 2684 (Article 3).

Discipline Policy Changes

There were many new changes related to school disciplinary practices. Changes prohibit or restrict certain discipline practices in schools, establish additional protections for students subject to exclusion and expulsion, and provide for transparent discipline complaint procedures.  These changes signal a welcome evolution in limiting and abandoning the use of ineffective and harmful disciplinary exclusions and restrictive procedures for Minnesota students that will likely affect greatly students of color and those with disabilities disproportionately impacted by the overuse of these procedures.

Recess for All

The Recess for All law prohibits schools from excluding or excessively delaying a student from participating in a scheduled recess period as a consequence for student behavior unless the student causes or is likely to cause serious physical harm to other students or staff, the student’s parent specifically consents to the use of recess detention, or an IEP Team determines that recess detention is appropriate based on a students’ individualized needs. This means schools cannot hold children from recess for incomplete schoolwork and other minor infractions. Recess is very important for children’s health and well–being and children with disabilities are especially harmed by recess exclusions. If a school does give your child a recess detention, they must make a reasonable attempt to notify you within 24 hours and must annually compile a full report of the use of recess detention and make it publicly available upon request. This change is effective August 1, 2023. See HF 2497/SF 2684 (Article 2 §41).

Restrictive Procedures

The legislature limited several disciplinary practices that involve physical restraint or seclusion against children. Most changes are effective August 1, 2023 unless otherwise stated. For example, law changes:

• Prohibit school district employees or agents (including school resource officers, police, or other security) from using prone restraint, placing a child in a face-down position, which can restrict or impair a student’s ability to breathe, communicate distress, or place pressure on their head or core body organs. See HF 2497/SF 2684 (Article 2 §36). 
• Establish additional procedural requirements related to restrictive procedures. These include:
  • Adding data to quarterly reviews to (1) identify disproportionate use of restrictive procedures based on race, gender, or disability status, (2) the role of SROs/Police in emergencies and use of procedures, and (3) documentation to determine if the use met legal standards. 
  • Requiring that restrictive procedure reporting includes descriptions of post-use debriefing. See HF 2497/SF 2684 (Article 7 §8).
  • Requiring that all instances of physical holds, seclusion, and reasonable force are reported to MDE. See HF 2497/SF 2684 (Article 7 §8; Article 12 §4).
• Ban the use of seclusion on children from birth through grade 3 by September 1, 2024. See HF 2497/SF 2684 (Article 7 §8).
• Limit the use of “reasonable force” to instances of imminent bodily harm. See HF 2497/SF 2684 (Article 12 §4).

Non-Exclusionary Disciplinary Policies and Practices

New state laws define a number of “non-exclusionary disciplinary policies and practices” that school officials must use before excluding children from school. Those practices include, but are not limited to, evidence-based positive behavior interventions and supports, social and emotional services, schoollinked mental health services, counseling services, social work services, academic screening for Title I services or reading interventions, and alternative education services. Most changes are effective August 1, 2023 unless otherwise stated.

• If a school does initiate a dismissal action, the mandatory written notice must include a description of what non-exclusionary disciplinary policies and practices the school provided to help keep the student in school.
• School boards must establish uniform criteria for dismissal and those policies must include how non-exclusionary disciplinary policies and practices are used.
• See HF 2497/SF 2684 (Article 2 §§26, 30, 32).

Dismissal, Suspension, Expulsion, and Readmission

In addition to the new requirements for schools around non-exclusionary disciplinary policies and practices to prevent a student’s exclusion from school, the legislature established further restrictions and protections around student exclusion and additional responsibilities for districts who utilize exclusion. Most changes are effective beginning the 2023-2024 school year unless otherwise stated. For example, law changes:

• Prohibit disciplinary dismissals for children in kindergarten through grade 3. Such dismissals were already prohibited for children in early childhood family education, Head Start, and schoolbased preschool or prekindergarten programs effective July 1, 2023. See HF 2497/SF 2684 (Article 2 §28).
• Create a “pupil withdrawal agreement” that is a verbal or written agreement between a student’s parent and school administrators to withdraw a student to avoid expulsion or exclusion dismissal proceedings. These agreements cannot be for more than a 12-month period. See HF 2497/SF 2684 (Article 2 §27).
• Require districts to provide alternative education services for students who are suspended for more than five consecutive school days. See HF 2497/SF 2684 (Article 2 §30).
• Explicitly state that schools are responsible for ensuring students who are expelled, excluded, or under a pupil withdrawal agreement make progress toward graduation standards through alternative education services. This includes students who remain enrolled or are awaiting enrollment in a new district. Districts have a continuing responsibility to review student’s schoolwork and grades to ensure the student is on track for readmission with their peers. See HF 2497/SF 2684 (Article 2 §35).
• Require schools to allow suspended students the opportunity to complete all school work assigned during the student’s suspension and to receive full credit for satisfactory completion. See HF 2497/SF 2684 (Article 2 §31).
• Ensure continued eligibility for school-based or school-linked mental health services for students who are expelled, excluded or under a pupil withdrawal agreement until they enroll in a new district. See HF 2497/SF 2684 (Article 2 §35).
• Require readmission plans to include measures to improve a student’s behavior. See HF 2497/SF 2684 (Article 2 §33).

Discipline Complaint Procedures

New laws also require that school discipline policies contain a discipline complaint procedure that any member of the school community may use to file a complaint regarding the application of discipline policies and seek corrective action effective August 1, 2023. See HF 2497/SF 2684 (Article 2 §§37, 39). There are several procedural safeguards for students subject to discipline that the procedures must provide, including, but not limited to:

• Communication requirements including how parents will be informed of their rights to appeal certain disciplinary decisions and explicit instructions for filing a complaint. 
• An opportunity for involved parties to submit additional information related to the complaint.
• Investigations must begin within 3 school days and identify personnel who will manage the investigation, record, and maintain access to any records.
• Investigations must issue a written determination that addresses each allegation and contains findings and conclusions.
• If investigations determine that policies were not implemented appropriately, the complaint procedures must require a corrective action plan to correct student records, provide staff training/coaching, or other accountability practices.

Bullying, Mental Health, and Well-Being

The legislature made several changes intended to protect children’s mental health and well-being and address certain forms of bullying and its fall-out. These changes are all effective August 1, 2023. For example:

• Schools must adopt written policies to address “malicious and sadistic conduct,” defined as intentional conduct that creates a hostile learning environment without just cause or reason or engaging in extreme or excessive cruelty. The policy must apply to behavior by district or school staff members, independent contractors, and students. The policy must prohibit malicious and sadistic conduct involving disability status, among other protected class statuses, and be conspicuously posted throughout each school building and included in student/employee handbooks. See HF 2497/SF 2684 (Article 2 §22).
• Schools must provide victims of bullying who respond to the bullying with prohibited conduct with remedial responses (measures to stop and correct prohibited conduct and intervene on behalf of students who are targets of prohibited conduct). Such a policy recognizes that children who are victims of bullying do not necessarily have the skills necessary to respond appropriately. See HF 2497/SF 2684 (Article 2 §37).
• Additionally, schools are strongly encouraged to adopt policies that: (1) help school staff understand student developmental needs, (2) used tiered interventions that support student skill development to respond to situations, and; (3) discourage staff responses that do not allow students an opportunity to build skills to respond appropriately to situations. See HF 2497/SF 2684 (Article 2 §40).
• Finally, new policies and procedures established requirements to protect the mental health and well-being of students during active shooter drills including requiring debrief periods after drills and access to any mental health services available on campus. Further, parents and guardians must be notified before an active shooter drill is conducted and have the right opt their student out from participating. See HF 2497/SF 2684 (Article 2 §23).

Special Education Eligibility

Two important changes this session will impact the eligibility of students for special education services.

Eligibility Extended to 22^nd Birthday

The legislature extended free public school enrollment eligibility to students with disabilities until their 22^nd birthday. This includes students with disabilities participating in state approved alternative programs and the graduation incentives program. This change is effective August 1, 2023. See HF 2497/SF 2684 (Article 7 §§1, 2, 5-7).

Specific Learning Disabilities

The Commissioner of Education is required to amend current rules relating to specific learning disabilities and establish a workgroup with broad stakeholders to review the current criteria in rule. The workgroup will make recommendations to align with state and federal requirements that include removing “discrepancy” from criteria. While this is exciting and could be transformational, it has a long runway to being effective. New rules must go into full effect no later than five years after the proposed revised rules are approved by an administrative law judge. With the time it will take to convene the workgroup and draft proposed revised rules, we are unlikely to see full implementation of changes before 2030. See HF 2497/SF 2684 (Article 7 §17).

Workforce Investments

Schools across the state have been facing serious workforce challenges. Some of the new investments and policy changes aim to address these challenges so schools can recruit and retain qualified teaching staff for children with disabilities. For example, the legislature:

• Created a new grant program effective July 1, 2023, for schools to apply to help teachers get special education licenses, prioritizing those applicants who want to move from a Tier 1 or 2 special education license to Tier 3 or 4. See HF 2497/SF 2684 (Article 5 §61).
• Allowed Registry of Interpreters for the Deaf (RID) Certified Deaf Interpreters (CDI) to provide American sign language/English interpreting in schools effective August 1, 2023. CDI certifications are for individuals who are deaf or hard of hearing and have demonstrated understanding of interpreting and the deaf community and culture. See HF 2497/SF 2684 (Article 7 §3).

However, the most substantial changes made were related to compensating and training paraprofessionals and other school support staff. Changes include:

• Requiring schools to provide a minimum of eight hours of paid orientation or professional development to all paraprofessionals, Title I aides, and other instructional support staff. Six of those hours must be completed before the first instructional day of the school year or within 30 days of hire. Effective July 1, 2023. See HF 2497/SF 2684 (Article 2 §42).
• Requiring schools to give paraprofessionals assigned to work alone with a student with a disability paid time to review a student’s IEP or be briefed on the student’s specific needs by appropriate staff within five days of beginning work with the student. Effective August 1, 2023. See HF 2497/SF 2684 (Article 2 §58).
• Establishing new funding for student support personnel to address shortages of student support services personnel, decrease caseloads for existing workers, and ensure students receive effective and comprehensive support services to improve student health and school safety. Effective July 1, 2023. See HF 2497/SF 2684 (Article 5 §63).
• Requiring schools to pay paraprofessionals and other hourly employes unemployment during summer months. This will likely improve retention of such employees. This policy was effective May 28, 2023 and funding was allocated to schools effective July 1, 2023. See HF 2497/SF 2684 (Article 1 §§9, 30).

School Funding

While the legislature allocated significant funding increases to schools which will help all students, there are a few specific allocations that will especially help students with disabilities. For example, the legislature:

• Increased the special education cross subsidy aid. Effective July 1, 2024. See HF 2497/SF 2684 (Article 7 §13). This change increases school funding for all students.
• Created new funding aid for homeless and highly mobile students to help address transportation costs. Effective July 1, 2024.  See HF 2497/SF 2684 (Article 7 §§12-13).
• Made certain school social work services eligible for medical assistance payments effective January 1, 2024 or upon federal approval, whichever is later. See HF 2497/SF 2684 (Article 7 §16).