HF 3424

as introduced - 86th Legislature (2009 - 2010) Posted on 03/08/2010 09:03am

A bill for an act
relating to education; providing for online learning; statewide assessment
supervision; limiting advertising; requiring a report; amending Minnesota
Statutes 2009 Supplement, section 124D.095, subdivisions 4, 10.

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

Section 1.

Minnesota Statutes 2009 Supplement, section 124D.095, subdivision 4,
is amended to read:

Subd. 4.

Online learning parameters.

(a) An online learning student must receive
academic credit for completing the requirements of an online learning course or program.
Secondary credits granted to an online learning student count toward the graduation
and credit requirements of the enrolling district. The enrolling district must apply the
same graduation requirements to all students, including online learning students, and
must continue to provide nonacademic services to online learning students. If a student
completes an online learning course or program that meets or exceeds a graduation
standard or the grade progression requirement at the enrolling district, that standard or
requirement is met. The enrolling district must use the same criteria for accepting online
learning credits or courses as it does for accepting credits or courses for transfer students
under section 124D.03, subdivision 9. The enrolling district may reduce the course
schedule of an online learning student in proportion to the number of online learning
courses the student takes from an online learning provider that is not the enrolling district.

(b) An online learning student may:

(1) enroll in supplemental online learning courses equal to a maximum of 50 percent
of the student's full schedule of courses per term during a single school year and the
student may exceed the supplemental online learning registration limit if the enrolling
district permits supplemental online learning enrollment above the limit, or if the enrolling
district and the online learning provider agree to the instructional services;

(2) complete course work at a grade level that is different from the student's current
grade level; and

(3) enroll in additional courses with the online learning provider under a separate
agreement that includes terms for paying any tuition or course fees.

(c) An online learning student has the same access to the computer hardware and
education software available in a school as all other students in the enrolling district. An
online learning provider must assist an online learning student whose family qualifies
for the education tax credit under section 290.0674 to acquire computer hardware and
educational software for online learning purposes.

(d) An enrolling district may offer online learning to its enrolled students. Such
online learning does not generate online learning funds under this section. An enrolling
district that offers online learning only to its enrolled students is not subject to the
reporting requirements or review criteria under subdivision 7, unless the enrolling district
is a full-time online provider. A teacher with a Minnesota license must assemble and
deliver instruction to enrolled students receiving online learning from an enrolling district.
The delivery of instruction occurs when the student interacts with the computer or the
teacher and receives ongoing assistance and assessment of learning. The instruction may
include curriculum developed by persons other than a teacher holding a Minnesota license.

(e) Both full-time and supplemental online learning providers are subject to the
reporting requirements and review criteria under subdivision 7. A teacher holding a
Minnesota license must assemble and deliver instruction to online learning students. The
delivery of instruction occurs when the student interacts with the computer or the teacher
and receives ongoing assistance and assessment of learning. The instruction may include
curriculum developed by persons other than a teacher holding a Minnesota license. Unless
the commissioner grants a waiver, a teacher providing online learning instruction must not
instruct more than 40 students in any one online learning course or program. new text begin new text end new text begin Statewide
assessments must be administered by teachers with a Minnesota license in one secure
location for each online learning program.
new text end

(f) To enroll in more than 50 percent of the student's full schedule of courses per term
in online learning, the student must qualify to exceed the supplemental online learning
registration limit under paragraph (b) or apply to enroll in an approved full-time online
learning program, consistent with subdivision 3, paragraph (a). Full-time online learning
students may enroll in classes at a local school under a contract for instructional services
between the online learning provider and the school district.

new text begin (g) An online learning provider must not spend public funds for advertising in an
amount that exceeds five percent of its total operating budget. On June 30 of each year, the
online learning provider must submit a report to the commissioner showing the expenses
for all advertising and the provider's annual budget.
new text end

Sec. 2.

Minnesota Statutes 2009 Supplement, section 124D.095, subdivision 10,
is amended to read:

Subd. 10.

Online Learning Advisory Council.

(a) An Online Learning Advisory
Council is established. The term for each council member shall be three years. The
advisory council is composed of 12 members from throughout the state who have
demonstrated experience with or interest in online learning. The members of the council
shall be appointed by the commissioner. The advisory council shall bring to the attention
of the commissioner any matters related to online learning and provide input to the
department in matters related, but not restricted, to:

(1) quality assurance;

(2) teacher qualifications;

(3) program approval;

(4) special education;

(5) attendance;

(6) program design and requirements; and

(7) fair and equal access to programs.

(b) new text begin By January 15, 2011, the Online Learning Advisory Council must make
recommendations to the commissioner on the following:
new text end

new text begin (1) legislative changes necessary to increase the department's oversight of online
learning programs and providers; and
new text end

new text begin (2) an incentive program to reward online learning programs and providers
that incorporate best practices using a hybrid program model that blends online and
face-to-face education.
new text end

new text begin (c) Annually, by February 1, the commissioner must report findings of the
advisory council to the chairs and ranking minority members of the senate and house of
representatives committees with jurisdiction of kindergarten through grade 12 education
finance and policy.
new text end

new text begin (d) Notwithstanding section 15.059, subdivision 5, new text end the Online Learning Advisory
Council deleted text begin under this subdivision expires June 30, 2013 deleted text end new text begin is permanent and does not expire new text end .

Sec. 3. new text begin MINNESOTA DEPARTMENT OF EDUCATION.
new text end

new text begin The commissioner of education must designate at least three full-time equivalents
whose primary responsibility is online learning programs.
new text end