Average daily membership and pupil units modification for certain students who are not residents of Minnesota and who are enrolled in online instruction in a Minnesota school

A bill for an act

relating to education; modifying average daily membership and pupil units for

certain students who are not residents of Minnesota and who are enrolled in online

instruction in a Minnesota school; amending Minnesota Statutes 2024, section

124D.094, by adding a subdivision; Minnesota Statutes 2025 Supplement, section

124D.094, subdivision 1.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2025 Supplement, section 124D.094, subdivision 1, is

amended to read:

Subdivision 1.

Definitions.

(a) For purposes of this section, the following terms have

the meanings given.

(b) "Blended instruction" means a form of digital instruction that occurs when a student

learns part time in a supervised physical setting and part time through online instruction

under paragraph (f).

(c) "Digital instruction" means instruction facilitated by technology that offers students

an element of control over the time, place, path, or pace of learning and includes blended

and online instruction.

(d) "Enrolling district" means the school district or charter school in which a student is

enrolled under section
120A.05, subdivision 8
, or chapter 124E.

(e) "Online course syllabus" means a written document that identifies the state academic

standards taught and assessed in a supplemental online course under paragraph (j); course

content outline; required course assessments; instructional methods; communication

procedures with students, guardians, and the enrolling district under paragraph (d); and

supports available to the student.

(f) "Online instruction" means a form of digital instruction that occurs when a student

learns primarily through digital technology away from a supervised physical setting.

(g) "Online instructional site" means a site that offers courses using online instruction

under paragraph (f) and may enroll students receiving online instruction under paragraph

(f).

(h) "Online teacher" means an employee of the enrolling district under paragraph (d) or

the supplemental online course provider under paragraph (k) who holds the appropriate

licensure under Minnesota Rules, chapter 8710, and is trained to provide online instruction

under paragraph (f).

(i) "Student" means
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:
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(1)
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a Minnesota resident enrolled in a school defined under section
120A.22, subdivision

4
, in kindergarten through grade 12 up to the age of 21
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.
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; or
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(2) a student who is not a resident of Minnesota and who meets the criteria under

subdivision 1a, paragraph (a).

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(j) "Supplemental online course" means an online learning course taken in place of a

course provided by the student's enrolling district under paragraph (d).

(k) "Supplemental online course provider" means a school district, an intermediate school

district, a state-operated school, an organization of two or more school districts operating

under a joint powers agreement, or a charter school located in Minnesota that is authorized

by the Department of Education to provide supplemental online courses under paragraph

(j).

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EFFECTIVE DATE.

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This section is effective beginning in the 2026-2027 school year.

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Sec. 2.

Minnesota Statutes 2024, section 124D.094, is amended by adding a subdivision

to read:

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Subd. 1a.

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Nonresident students.

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(a) Notwithstanding section 126C.05, subdivision 1,

or any other law to the contrary, and except as provided under paragraph (c), the average

daily membership and pupil units for a student who is not a resident of Minnesota and who

is enrolled in online instruction under this section must be counted as though the student

were a resident of Minnesota if:

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(1) the student was previously a resident of Minnesota and enrolled in a Minnesota public

school in kindergarten through grade 12 up to the age of 21;

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(2) the student is expected to graduate or reestablish residency in Minnesota after no

more than 150 calendar days;

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(3) for a student under the age of 18, the student has a parent or guardian who is a resident

of Minnesota;

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(4) the online instruction is provided by the district in which the student was enrolled

as of the student's last day of residency in Minnesota; and

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(5) the student's enrollment in online instruction under this subdivision is approved by

the superintendent of the enrolling district.

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(b) A school board may adopt additional policies governing eligibility and enrollment

in online instruction for students who are not residents of Minnesota.

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(c) A student who is not a resident of Minnesota must not be counted under paragraph

(a) for more than 150 cumulative calendar days.

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(d) A district must not charge tuition to a student who is not a resident of Minnesota and

who is counted under paragraph (a).

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EFFECTIVE DATE.

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This section is effective beginning in the 2026-2027 school year.

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