Emergency Executive Order 20-19
Authorizing and Directing the Commissioner of Education to Implement a
Distance Learning Period and Continue to Provide a Safe Learning
Environment for Minnesota’s Students
I, Tim Walz, Governor of the State of Minnesota, by the authority vested in me by the
Constitution and applicable statutes, issue the following Executive Order:
The COVID-19 pandemic presents an unprecedented challenge to our State. Minnesota has taken
proactive steps to ensure that we are ahead of the curve on COVID-19 prevention and response.
On March 13, 2020, I issued Executive Order 20-01 and declared a peacetime emergency
because this pandemic, an act of nature, threatens the lives of Minnesotans, and local resources
are inadequate to address the threat. In Executive Order 20-01, I directed all state agencies to
submit proposed orders and rules to protect and preserve public health and safety.
In Minnesota Statutes 2019, section 12.02, subdivision 1, the Minnesota Legislature recognized
the “existing and increasing possibility of the occurrence of natural and other disasters of major
size and destructiveness” and conferred upon the Governor the emergency and disaster powers
provided in Chapter 12 to “ensure the preparations of this state will be adequate to deal with
disasters” to “generally protect the public peace, health, and safety” and to “preserve the lives
and property of the people of the state.”
Pursuant to Minnesota Statutes 2019, section 12.21, subdivision 1, the Governor has general
authority to control the state’s emergency management as well as carry out the provisions of
Minnesota’s Emergency Management Act. Pursuant to subdivision 3 of the same section, the
Governor may “make, amend, and rescind the necessary orders and rules to carry out the
provisions” of Minnesota Statutes 2019, Chapter 12. Furthermore, under Minnesota Statutes
2019, section 12.21, subdivision 3, the Governor is permitted to authorize the Commissioner of
the Minnesota Department of Education (“MDE”) “to alter school schedules, curtail school
activities, or order schools closed.” When approved by the Executive Council and filed in the
Office of the Secretary of State, such orders and rules have the force and effect of law during the
pendency of a peacetime emergency. Any inconsistent rules or ordinances of any agency or
political subdivision of the state are suspended during the pendency of the emergency.

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 On March 15, 2020, I issued Executive Order 20-02, which directed schools to close to students
and engage in a planning period from March 18, 2020 until March 27, 2020 (“Closure Period”).
During this Closure Period, school and district staff were directed to report to work to construct
continuity of education plans that would be delivered via distance learning or social distancing
models compliant with Minnesota Department of Health guidance (“MDH Guidance”). In order
to continue providing education for Minnesotan children while preserving the health, safety, and
lives of Minnesotans, I am directing all public schools to implement distance learning plans,
continue providing student meals, and provide onsite care to school-aged children of certain
workers in Critical Sectors exempted under Executive Order 20-20 (“Eligible Children”).
We continue to recognize that schools are community hubs for children and families. School
closures put burdens on children and families and disproportionately impact different
communities. I greatly value the efforts of school staff to make sure that our students receive
meals on a daily basis and to provide other services such as physical and mental health care
supports virtually where possible. These services must continue.
On March 20, 2020, the U.S. Secretary of Education announced that students impacted by school
closures due to the COVID-19 pandemic can bypass standardized statewide assessments for the
2019-20 school year. The U.S. Department of Education has made a waiver process available to
any state that is unable to assess its students due to the ongoing national emergency, providing
relief from federally mandated assessment requirements for this school year.
Student performance, as measured by statewide assessments, is required to be reported and used
in federal and state accountability and reporting systems. Consistent with the current federal
waiver opportunity and to protect students’ health and safety, Minnesota is cancelling its
statewide assessments for the remainder of the 2019-20 school year. Minnesota has therefore
submitted a request for a waiver of federal assessment requirements. Due to the national
emergency, Minnesota’s federal waiver request also includes a waiver from the federal reporting
requirements and the requirement that this assessment data be used in the accountability systems.
Action must also be taken to provide relief from state accountability and reporting requirements.
Minnesotans rely on the care and services provided to children and families of Critical Sector
workers as we navigate the COVID-19 pandemic and take care of one another. Educators, school
employees providing care, and child care providers are themselves Critical Sector workers. Child
care services will continue to be necessary for the essential functions of health care services, law
enforcement, emergency response services, and other Critical Sectors.
This peacetime emergency brings increased attention to the foundation child care providers
provide for the health and the well-being of our state. The care that they provide children and
families plays a critical role in our communities as we persevere through this pandemic.
However, the health and the wellbeing of our children and their families is the top priority of the
State and should a child care provider determine it cannot maintain public health guidance and
safely meet the needs of children and staff, it should close. Educators and child care providers
are the heroes we need to ensure that children are safe, allowing parents and guardians to provide
critical care and emergency services to our communities.

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 For these reasons, I order as follows:
1. Nothing in this Executive Order should be construed to encourage or require
Minnesotans in at-risk categories to act inconsistently with public health
recommendations or the advice of their doctors. All Minnesotans should continue to
regularly check and follow the advice on MDH’s COVID-19 webpage:
https://www.health.state.mn.us/diseases/coronavirus/
2. As planned, the closure period announced in Executive Order 20-02 will remain in
place through March 27, 2020 (“Closure Period”).
3. Pursuant to Minnesota Statutes 2019, section 12.21, subdivision 3(11), I authorize
and direct the Commissioner of Education to implement a distance learning period
beginning on March 30, 2020 through May 4, 2020 (“Distance Learning Period”).
4. The purpose of the Distance Learning Period is to provide continuity of education
during the COVID-19 pandemic while also preserving the health, safety, and lives of
Minnesota’s students, educators, and the broader public.
5. During the Distance Learning Period, public school buildings and facilities must be
closed for typical in-school instruction.
6. During the Distance Learning Period, all public schools must provide continuous
education based on the distance learning plans developed during the Closure Period
directed by Executive Order 20-02.
7. I authorize the Commissioner of Education, in consultation with the Commissioner of
Health, to extend the Distance Learning Period for the remainder of the 2019-20
school year calendar if it is deemed necessary for the health and safety of students
and staff.
8. This order applies to all schools as set forth in Minnesota Statutes 2019, section
12.12, subdivision 3(11). I continue to encourage tribal and nonpublic schools to
fulfill the spirit and directives of this Executive Order.
9. During the Distance Learning Period and per applicable labor agreements, school
districts and schools must allow for remote work or telework to the extent possible.
To the extent that it is necessary for teachers and staff to be physically present in
school buildings, school districts and schools must provide conditions for staff in
compliance with MDH Guidance on social distancing.
10. Consistent with applicable labor agreements, districts must utilize available staff who
are able to work during the Distance Learning Period. Districts must also provide
employee accommodations as required by law.
11. For purposes of Minnesota Statutes 2019, section 126C.05, for the period from March
30 through April 30, 2020, schools may count the number of days originally
scheduled as instructional days. Additionally, students participating in distance
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 learning may be reported in attendance and membership for their originally scheduled
days and hours.
12. Staff will report to their respective school buildings on Friday, May 1, 2020, to plan
and prepare for students’ return to school buildings upon the end of the Distance
Learning Period.
13. Upon approval by the Executive Council, for purposes of Minnesota Statutes 2019,
section 126C.05, districts and schools may count May 1, 2020 and May 4, 2020 as
instructional days, and enrolled students can be reported in attendance and
membership.
14. Upon approval by the Executive Council, expenses for special education staff
assigned to other work during the Closure Period and Distance Learning Period and
expenses recorded in the food service fund may be charged to the same Uniform
Financial Accounting and Reporting Standards codes to which the service is charged
for an instructional day. The Commissioner of Education must notify school districts
and charter schools of these formula changes as soon as practicable.
15. Subject to paragraph 1, schools and school districts, in cooperation with state
agencies, are directed to support communities disproportionately impacted by the
Closure Period and Distance Learning Period, including but not limited to, lowincome families and families experiencing homelessness. During the Distance
Learning Period, schools are expected to provide meals to their students. MDE will
provide additional guidance to schools and school districts about this provision.
16. I direct state agencies to continue to work together to ensure continuity of mental
health services to children and their families.
17. I direct MDE and MDH to continue to provide guidance throughout the Distance
Learning Period to schools on best practices around distance learning and social
distancing protocol.
18. During the Distance Learning Period, schools are directed to provide care, at a
minimum, to district-enrolled students aged 12 and under who are Eligible Children.
In providing this care, schools must practice hygiene and social distancing best
practices. Schools are not required to provide this care during previously scheduled
breaks reflected on a school-board approved calendar. I encourage schools and school
districts to also provide extended care—before and after school hours—to Eligible
Children. MDE will provide further guidance to schools, school districts, and the
public about this provision.
19. Employers assigning employees to supervise and care for Eligible Children must
ensure compliance with Minnesota Department of Labor and Industry regulations,
and MDH Guidance regarding Schools and Child Care: Coronavirus Disease 2019
(COVID-19).

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 20. In the event that a school location is unable to provide adequate staffing for the care
and supervision of Eligible Children due to high staff absenteeism due to illness or
other reasons, they must review MDE guidance and contact MDE for further
guidance on contracting with local child care providers.
21. Upon approval by the Executive Council, school districts and schools are authorized
to transfer operating funds from certain programs that are not already assigned to or
encumbered by staff salary and benefits, or otherwise encumbered by federal law, for
the following purposes:
a. To provide care to Eligible Children during the school day.
b. To pay additional transportation costs incurred between March 30, 2020 and
April 30, 2020 needed to implement this Executive Order in providing
distance learning instruction.
c. A fund transfer is allowed if the transfer does not increase state aid obligations
to the district or result in additional property tax authority for the district. A
transfer is limited to the operating funds of a district. A school board must
approve a fund transfer by the fiscal year reporting deadline. A district or
school must maintain accounting records for the purpose of this Executive
Order that are sufficient to document both the specific funds transferred and
use of those funds. Such accounting records are subject to auditor review. Any
execution of this flexibility must not interfere with or jeopardize funding per
federal requirements. Any transfer must not interfere with the equitable
delivery of distance learning or social distancing models. The Commissioner
of Education must provide guidance on the fund balance transfers that are
allowable for the purposes outlined above.
22. Upon approval by the Executive Council, districts and schools may use fiscal year
2020 (“FY 2020”) revenues from programs that are not already assigned to staff
salary and benefits for the following purposes: to provide care to Eligible Children
during the school day; and to pay additional transportation costs incurred between
March 30, 2020 and April 30, 2020 needed to implement this Executive Order. The
expanded revenue use in a program is allowed if it does not increase state aid
obligations to the district and schools or result in additional property tax authority for
the district other than what would be received under the statutory uses of the revenue
in FY 2020. A school board must approve the use of FY 2020 revenue from operating
funds of a district by the fiscal year reporting deadline. A district must maintain
accounting records for the purpose of this Executive Order which may be reviewed
by auditors and that are sufficient to document the specific use of those funds. The
Commissioner of Education must provide guidance on the state revenue programs
that may be used for the purposes outlined in this Executive Order.
23. The Children’s Cabinet will coordinate strategies to share information, including
creating and posting online public health guidance specific to school and child care

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 provider settings, managing questions from schools and child care providers through
hotlines, and considering other needs.
24. Child care providers and school staff caring for Eligible Children should be placed on
the state’s priority list for COVID-19 testing. This priority list will not guarantee
imminent testing as capacity in testing shifts due to nationwide testing capacity
limitations.
25. No supplier or business should limit or restrict reasonable orders of cleaning, hygiene,
and sanitation supplies by child care providers who are serving Eligible Children as
defined in this Executive Order and as provided by further guidance.
26. Upon approval by the Executive Council, I authorize and direct the Commissioner of
Education to close any available open statewide assessments, effective 5:00 pm on
Friday, March 27, 2020.
27. If the federal waiver application referenced above is approved by the U.S.
Department of Education, I authorize the Commissioner of Education to determine
how to best satisfy general school district reporting requirements for the 2019-20
school year, including the reporting and identification requirements of the NorthStar
and World’s Best Workforce accountability systems. These decisions will include any
future Minnesota legislative reports and the reporting requirements set forth in
Minnesota Statutes 2019, sections 120B.11, 120B.30, 120B.31, 120B.35, 120B.36,
122A.414, 124D.59, 124D.98, 124D.861, 136F.302.
28. Schools and school districts unable to fully implement Minnesota Statutes 2019,
section 120B.30, subdivision 1(e) due to school closures or the use of distance
learning are exempt from this requirement for school year 2019-20. MDE will
provide additional guidance to schools and school districts no later than the beginning
of the 2020-21 school year.
29. Because there will be extremely limited assessment results, the Commissioner of
Education should explore alternative federal reporting options, such as EdFacts, for
the 2019-20 school year.
Pursuant to Minnesota Statutes 2019, section 4.035, subdivision 2, and section 12.32, this
Executive Order is effective upon approval by the Executive Council. It remains in effect until
the peacetime emergency declared in Executive Order 20-01 is terminated or until it is rescinded
by proper authority.
A determination that any provision of this Executive Order is invalid will not affect the
enforceability of any other provision of this Executive Order. Rather, the invalid provision will
be modified to the extent necessary so that it is enforceable.

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 Signed on March 25, 2020.

_____________________________________

Tim Walz
Governor

Filed According to Law:

_____________________________________

Steve Simon

Secretary of State

Approved by the Executive Council on March 25, 2020:

_____________________________________

Alice Roberts-Davis

Secretary, Executive Council

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