Minnesota's HF3489 creates a new felony offense that applies to any employee or contractor working in schools—including small businesses you may not expect.
Most Minnesota professional services owners don't realize that a provision buried in HF3489 creates a new criminal exposure for anyone their business employs or contracts to work in schools. If your firm provides services to K-12 districts—whether facilities maintenance, IT support, counseling, tutoring, or any other contracted work—this matters.
What the law does
Effective August 1, 2026, HF3489 (Section 8, Subdivision 2e, page 6) establishes a new felony offense for any person employed or contracted by a school who engages in:
The law applies regardless of the student's age. This means even communication with a high school student can trigger criminal liability.
Who it affects
The statute targets not just teachers and staff, but anyone "employed or contracted by a school." That includes:
If you operate a staffing agency, maintenance company, technology firm, or any service provider that places workers in schools, this provision directly affects your legal risk and your ability to retain school contracts.
What it means for your business
A felony conviction under this statute creates multiple consequences:
The effective date is August 1, 2026, and the law applies to crimes committed on or after that date. This gives you time to review your policies, but not indefinitely.
What to do now
If your business contracts with Minnesota schools, consider:
This is not a reason to avoid school contracts—it's a reason to be intentional about the practices and personnel you deploy in those settings.
For a detailed, business-specific summary of HF3489's provisions affecting service contractors, contact your industry association or legal advisor.