1.1 	A bill for an act
1.2 	relating to education; education excellence; special
1.3 	programs; technology, facilities, and nutrition;
1.4 	appropriating money; amending Minnesota Statutes 2004,
1.5 	sections 13.321, by adding a subdivision; 120B.02;
1.6 	120B.021, subdivision 1, by adding a subdivision;
1.7 	120B.024; 120B.11, subdivisions 1, 2, 3, 4, 5, 8;
1.8 	120B.13, subdivisions 1, 3; 120B.30, subdivisions 1,
1.9 	1a, by adding a subdivision; 121A.06, subdivisions 2,
1.10 	3; 121A.53; 121A.66, subdivision 5, by adding
1.11 	subdivisions; 121A.67; 122A.06, subdivision 4;
1.12 	122A.15, by adding a subdivision; 122A.18, subdivision
1.13 	2a; 122A.40, subdivision 5; 122A.41, subdivisions 2,
1.14 	5a, 14; 122A.413; 123A.24, subdivision 2; 123B.02, by
1.15 	adding subdivisions; 123B.492; 123B.71, subdivision 9;
1.16 	123B.92, subdivision 1; 124D.09, subdivision 12;
1.17 	124D.095, subdivisions 2, 4, 8, by adding a
1.18 	subdivision; 124D.10, subdivision 3; 124D.11,
1.19 	subdivisions 1, 6; 124D.66, subdivision 3; 124D.74,
1.20 	subdivision 1; 124D.81, subdivision 1; 124D.84,
1.21 	subdivision 1; 125A.05; 125A.24; 125A.28; 125A.51;
1.22 	126C.10, subdivision 1, by adding a subdivision;
1.23 	126C.457; 128C.12, subdivisions 1, 3; 134.31, by
1.24 	adding a subdivision; 179A.03, subdivision 14;
1.25 	260C.201, subdivision 1; proposing coding for new law
1.26 	in Minnesota Statutes, chapters 120A; 120B; 121A;
1.27 	122A; 123A; 124D; 125B; 127A; 129C; repealing
1.28 	Minnesota Statutes 2004, sections 121A.23; 122A.414;
1.29 	122A.415; 123B.749; 124D.095, subdivision 9; 128C.12,
1.30 	subdivision 4.
1.31 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.32 	ARTICLE 1
1.33 	EDUCATION EXCELLENCE

1.34 	Section 1. Minnesota Statutes 2004, section 13.321, is
1.35 	amended by adding a subdivision to read:
1.36 		Subd. 10.Teacher data from value-added assessment
1.37 	model. Data on individual teachers generated from a value-added
1.38 	assessment model are governed under section 120B.362.
2.1 	
EFFECTIVE DATE. This section is effective the day
2.2 	following final enactment.

2.3 	Sec. 2. [120A.38] CLASSROOM PLACEMENT; PARENT
2.4 	DISCRETION.
2.5 	(a) A parent or guardian of twins or higher order multiples
2.6 	may request that the children be placed in the same classroom or
2.7 	in separate classrooms if the children are in the same grade
2.8 	level at the same school.  The school may recommend classroom
2.9 	placement to the parents and provide professional education
2.10 	advice to the parents to assist them in making the best decision
2.11 	for their children's education.  A school must provide the
2.12 	placement requested by the children's parent or guardian, unless
2.13 	the school board makes a classroom placement determination
2.14 	following the school principal's request according to this
2.15 	section.  The parent or guardian must request the classroom
2.16 	placement no later than 14 days after the first day of each
2.17 	school year or 14 days after the first day of attendance of the
2.18 	children during a school year if the children are enrolled in
2.19 	the school after the school year commences.  At the end of the
2.20 	initial grading period, if the school principal, in consultation
2.21 	with the children's classroom teacher, determines that the
2.22 	requested classroom placement is disruptive to the school, the
2.23 	school principal may request that the school board determine the
2.24 	children's classroom placement.
2.25 	(b) For purposes of this section, "higher order multiples"
2.26 	means triplets, quadruplets, quintuplets, or more.

2.27 	EFFECTIVE DATE. This section is effective for the
2.28 	2005-2006 school year and later.

2.29 	Sec. 3. Minnesota Statutes 2004, section 120B.02, is
2.30 	amended to read:
2.31 	120B.02 EDUCATIONAL EXPECTATIONS FOR MINNESOTA'S
2.32 	STUDENTS.
2.33 	(a) The legislature is committed to establishing rigorous
2.34 	academic standards for Minnesota's public school students.  To
2.35 	that end, the commissioner shall adopt in rule statewide
2.36 	academic standards.  The commissioner shall not prescribe in
3.1 	rule or otherwise the delivery system, classroom assessments, or
3.2 	form of instruction that school sites must use.  For purposes of
3.3 	this chapter, a school site is a separate facility, or a
3.4 	separate program within a facility that a local school board
3.5 	recognizes as a school site for funding purposes.
3.6 	(b) All commissioner actions regarding the rule must be
3.7 	premised on the following:
3.8 	(1) the rule is intended to raise academic expectations for
3.9 	students, teachers, and schools;
3.10 	(2) any state action regarding the rule must evidence
3.11 	consideration of school district autonomy; and
3.12 	(3) the Department of Education, with the assistance of
3.13 	school districts, must make available information about all
3.14 	state initiatives related to the rule to students and parents,
3.15 	teachers, and the general public in a timely format that is
3.16 	appropriate, comprehensive, and readily understandable.
3.17 	(c) When fully implemented, the requirements for high
3.18 	school graduation in Minnesota must require students to pass the
3.19 	basic skills test requirements and satisfactorily complete, as
3.20 	determined by the school district, the course credit
3.21 	requirements under section 120B.024and:
3.22 	(1) for students enrolled in grade 8 before the 2005-2006
3.23 	school year, to pass the basic skills test requirements; or 
3.24 	(2) for students enrolled in grade 8 in the 2005-2006
3.25 	school year and later, to pass the Minnesota Comprehensive
3.26 	Assessments Second Edition (MCA-IIs).
3.27 	(d) The commissioner shall periodically review and report
3.28 	on the state's assessment process.
3.29 	(e) School districts are not required to adopt specific
3.30 	provisions of the Goals 2000 and the federal School-to-Work
3.31 	programs.

3.32 	Sec. 4. Minnesota Statutes 2004, section 120B.021,
3.33 	subdivision 1, is amended to read:
3.34 		Subdivision 1.Required academic standards.  The
3.35 	following subject areas are required for statewide
3.36 	accountability:
4.1 	(1) language arts;
4.2 	(2) mathematics;
4.3 	(3) science;
4.4 	(4) social studies, including history, geography,
4.5 	economics, and government and citizenship;
4.6 	(5) health and physical education, for which locally
4.7 	developed academic standards apply; and
4.8 	(6) the arts, for which statewide or locally developed
4.9 	academic standards apply, as determined by the school district.
4.10 	Public elementary and middle schools must offer at least three
4.11 	and require at least two of the following four arts areas:
4.12 	dance; music; theater; and visual arts.  Public high schools
4.13 	must offer at least three and require at least one of the
4.14 	following five arts areas:  media arts; dance; music; theater;
4.15 	and visual arts.
4.16 	The commissioner must submit proposed standards in science
4.17 	and social studies to the legislature by February 1, 2004.
4.18 	For purposes of applicable federal law, the academic standards
4.19 	for language arts, mathematics, and science apply to all public
4.20 	school students, except the very few students with extreme
4.21 	cognitive or physical impairments for whom an individualized
4.22 	education plan team has determined that the required academic
4.23 	standards are inappropriate.  An individualized education plan
4.24 	team that makes this determination must establish alternative
4.25 	standards.
4.26 	A school district, no later than the 2007-2008 school year,
4.27 	must adopt graduation requirements that meet or exceed state
4.28 	graduation requirements established in law or rule.  A school
4.29 	district that incorporates these state graduation requirements
4.30 	before the 2007-2008 school year must provide students who enter
4.31 	the 9th grade in or before the 2003-2004 school year the
4.32 	opportunity to earn a diploma based on existing locally
4.33 	established graduation requirements in effect when the students
4.34 	entered the 9th grade.  District efforts to develop, implement,
4.35 	or improve instruction or curriculum as a result of the
4.36 	provisions of this section must be consistent with sections
5.1 	120B.10, 120B.11, and 120B.20.
5.2 	At a minimum, school districts must maintain the same
5.3 	physical education and health education requirements for
5.4 	kindergarten through 8th grade students adopted for the
5.5 	2004-2005 school year through the 2007-2008 school year.  Before
5.6 	a revision of the local health and physical education standards,
5.7 	a school district must consult the grade-specific benchmarks
5.8 	developed by the Department of Education's health and physical
5.9 	education quality teaching network for the six national physical
5.10 	education standards and the seven national health standards.

5.11 	Sec. 5. Minnesota Statutes 2004, section 120B.021, is
5.12 	amended by adding a subdivision to read:
5.13 		Subd. 1a.Rigorous course of study; waiver. (a) Upon
5.14 	receiving a student's application signed by the student's parent
5.15 	or guardian, a school district, area learning center, or charter
5.16 	school must declare that a student meets or exceeds a specific
5.17 	academic standard required for graduation under this section if
5.18 	the local school board, the school board of the school district
5.19 	in which the area learning center is located, or the charter
5.20 	school board of directors determines that the student:
5.21 	(1) is participating in a course of study including an
5.22 	advanced placement or international baccalaureate course or
5.23 	program, a learning opportunity outside the curriculum of the
5.24 	district, area learning center or charter school, or an approved
5.25 	preparatory program for employment or postsecondary education
5.26 	that is equally or more rigorous than the corresponding state or
5.27 	local academic standard required by the district, area learning
5.28 	center or charter school;
5.29 	(2) would be precluded from participating in the rigorous
5.30 	course of study, learning opportunity, or preparatory employment
5.31 	or postsecondary education program if the student were required
5.32 	to achieve the academic standard to be waived; and 
5.33 	(3) satisfactorily completes the requirements for the
5.34 	rigorous course of study, learning opportunity or preparatory
5.35 	employment or postsecondary education program.
5.36 	Consistent with the requirements of this section, the local
6.1 	school board, the school board of the school district in which
6.2 	the area learning center is located, or the charter school board
6.3 	of directors also may formally determine other circumstances in
6.4 	which to declare that a student meets or exceeds a specific
6.5 	academic standard that the site requires for graduation under
6.6 	this section.
6.7 	(b) A student who satisfactorily completes a postsecondary
6.8 	enrollment options course or program under section 124D.09 is
6.9 	not required to complete other requirements of the academic
6.10 	standards corresponding to that specific rigorous course of
6.11 	study.

6.12 	Sec. 6. Minnesota Statutes 2004, section 120B.024, is
6.13 	amended to read:
6.14 	120B.024 GRADUATION REQUIREMENTS; COURSE CREDITS.
6.15 	Students beginning 9th grade in the 2004-2005 school year
6.16 	and later must successfully complete the following high school
6.17 	level course credits for graduation:
6.18 	(1) four credits of language arts;
6.19 	(2) three credits of mathematics, encompassing at least
6.20 	algebra, geometry, statistics, and probability sufficient to
6.21 	satisfy the academic standard;the mathematical reasoning,
6.22 	algebra, geometry, statistics, and probability identified in the
6.23 	mathematics grades 9, 10, and 11 standards document;
6.24 	(3) three credits of science, including at least one credit
6.25 	in biology;
6.26 	(4) three and one-half credits of social studies,
6.27 	encompassing at least United States history, geography,
6.28 	government and citizenship, world history, and economics or
6.29 	three credits of social studies encompassing at least United
6.30 	States history, geography, government and citizenship, and world
6.31 	history, and one-half credit of economics taught in a school's
6.32 	social studies or business department;
6.33 	(5) one credit in the arts; and 
6.34 	(6) one-half credit in physical education and one-half
6.35 	credit in health education; and 
6.36 	(7) a minimum of seven six elective course credits.
7.1 	A course credit is equivalent to a student successfully
7.2 	completing an academic year of study or a student mastering the
7.3 	applicable subject matter, as determined by the local school
7.4 	district.

7.5 	Sec. 7. Minnesota Statutes 2004, section 120B.11,
7.6 	subdivision 1, is amended to read:
7.7 		Subdivision 1.Definitions.  For the purposes of this
7.8 	section and section 120B.10, the following terms have the
7.9 	meanings given them.
7.10 	(a) "Instruction" means methods of providing learning
7.11 	experiences that enables enable a student to meet state and
7.12 	district academic standards and graduation
7.13 	standards requirements.
7.14 	(b) "Curriculum" means district or school adopted programs
7.15 	and written plans for providing students with learning
7.16 	experiences that lead to expected knowledge,and skills, and
7.17 	positive attitudes.

7.18 	Sec. 8. Minnesota Statutes 2004, section 120B.11,
7.19 	subdivision 2, is amended to read:
7.20 		Subd. 2.Adopting policies.  (a) A school board shall
7.21 	adopt annually a have in place an adopted written policy that
7.22 	includes the following:
7.23 	(1) district goals for instruction and including the use of
7.24 	best practices, district and school curriculum, and achievement
7.25 	for all student subgroups;
7.26 	(2) a process for evaluating each student's progress toward
7.27 	meeting graduation academic standards and identifying the
7.28 	strengths and weaknesses of instruction and curriculum affecting
7.29 	students' progress;
7.30 	(3) a system for periodically reviewing and evaluating all
7.31 	instruction and curriculum;
7.32 	(4) a plan for improving instruction and ,curriculum, and
7.33 	student achievement; and
7.34 	(5) an instruction plan that includes education
7.35 	effectiveness processes developed under plan aligned with 
7.36 	section 122A.625and that integrates instruction, curriculum,
8.1 	and technology.

8.2 	Sec. 9. Minnesota Statutes 2004, section 120B.11,
8.3 	subdivision 3, is amended to read:
8.4 		Subd. 3.instruction and curriculum district advisory
8.5 	committee.  Each school board shall establish an Instruction and
8.6 	Curriculum advisory committee to ensure active community
8.7 	participation in all phases of planning and improving the
8.8 	instruction and curriculum affecting state graduation and
8.9 	district academic standards.  A district advisory committee, to
8.10 	the extent possible, shall reflect the diversity of the district
8.11 	and its learning sites, and shall include teachers, parents,
8.12 	support staff, pupils students, and other community residents.
8.13 	The district may establish building teams as subcommittees of
8.14 	the district advisory committee under subdivision 4.  The
8.15 	district advisory committee shall recommend to the school
8.16 	board districtwide education standards rigorous academic
8.17 	standards, student achievement goals and measures, assessments,
8.18 	and program evaluations.  Learning sites may expand upon
8.19 	district evaluations of instruction, curriculum, assessments, or
8.20 	programs.  Whenever possible, parents and other community
8.21 	residents shall comprise at least two-thirds of advisory
8.22 	committee members.

8.23 	Sec. 10. Minnesota Statutes 2004, section 120B.11,
8.24 	subdivision 4, is amended to read:
8.25 		Subd. 4.Building team.  A school may establish a
8.26 	building team to develop and implement an education
8.27 	effectiveness plan to improve instruction and ,curriculum, and
8.28 	student achievement.  The team shall advise the board and the
8.29 	advisory committee about developing an instruction and
8.30 	curriculum improvement plan that aligns curriculum, assessment
8.31 	of student progress in meeting state graduation and district
8.32 	academic standards, and instruction.

8.33 	Sec. 11. Minnesota Statutes 2004, section 120B.11,
8.34 	subdivision 5, is amended to read:
8.35 		Subd. 5.Report.  (a) By October 1 of each year, the
8.36 	school board shall use standard statewide reporting procedures
9.1 	the commissioner develops and adopt a report that includes the
9.2 	following:
9.3 	(1) student performance achievement goals for meeting state
9.4 	graduation academic standards adopted for that year;
9.5 	(2) results of local assessment data, and any additional
9.6 	test data;
9.7 	(3) the annual school district improvement plans including
9.8 	staff development goals under section 122A.60;
9.9 	(4) information about district and learning site progress
9.10 	in realizing previously adopted improvement plans; and
9.11 	(5) the amount and type of revenue attributed to each
9.12 	education site as defined in section 123B.04.
9.13 	(b) The school board shall publish the report in the local
9.14 	newspaper with the largest circulation in the district or ,by
9.15 	mail, or by electronic means such as the district Web site.  If
9.16 	electronic means are used, copies of the report must be made
9.17 	available to the public on request.  The board shall make a copy
9.18 	of the report available to the public for inspection.  The board
9.19 	shall send a copy of the report to the commissioner of education
9.20 	by October 15 of each year.
9.21 	(c) The title of the report shall contain the name and
9.22 	number of the school district and read "Annual Report on
9.23 	Curriculum, Instruction, and Student Performance Achievement."
9.24 	The report must include at least the following information about
9.25 	advisory committee membership:
9.26 	(1) the name of each committee member and the date when
9.27 	that member's term expires;
9.28 	(2) the method and criteria the school board uses to select
9.29 	committee members; and
9.30 	(3) the date by which a community resident must apply to
9.31 	next serve on the committee.

9.32 	Sec. 12. Minnesota Statutes 2004, section 120B.11,
9.33 	subdivision 8, is amended to read:
9.34 		Subd. 8.Biennial evaluation; assessment program.  At
9.35 	least once every two years, the district report shall include an
9.36 	evaluation of the district testing programs, according to the
10.1 	following:
10.2 	(1) written objectives of the assessment program;
10.3 	(2) names of tests and grade levels tested;
10.4 	(3) use of test results; and
10.5 	(4) implementation of an assurance of mastery program 
10.6 	student achievement results compared to previous years.

10.7 	Sec. 13. Minnesota Statutes 2004, section 120B.13,
10.8 	subdivision 1, is amended to read:
10.9 		Subdivision 1.Program structure; training programs for
10.10 	teachers.  (a) The advanced placement and international
10.11 	baccalaureate programs are well-established academic programs
10.12 	for mature, academically directed high school students.  These
10.13 	programs, in addition to providing academic rigor, offer sound
10.14 	curricular design, accountability, comprehensive external
10.15 	assessment, feedback to students and teachers, and the
10.16 	opportunity for high school students to compete academically on
10.17 	a global level.  Advanced placement and international
10.18 	baccalaureate programs allow students to leave high school with
10.19 	the academic skills and self-confidence to succeed in college
10.20 	and beyond.  The advanced placement and international
10.21 	baccalaureate programs help provide Minnesota students with
10.22 	world-class educational opportunity.
10.23 	(b) Critical to schools' educational success is ongoing
10.24 	advanced placement/international baccalaureate-approved teacher
10.25 	training.  A secondary teacher assigned by a district public or
10.26 	nonpublic school to teach an advanced placement or international
10.27 	baccalaureate course or other interested educator may
10.28 	participate in a training program offered by The College Board
10.29 	or International Baccalaureate North America, Inc.  The state
10.30 	may pay a portion of the tuition, room, and board, and
10.31 	out-of-state travel costs a teacher or other interested educator
10.32 	assigned by a public school incurs in participating in a
10.33 	training program.  The commissioner shall determine application
10.34 	procedures and deadlines, and select teachers and other
10.35 	interested educators to participate in the training program, and
10.36 	determine the payment process and amount of the subsidy.  The
11.1 	procedures determined by the commissioner shall, to the extent
11.2 	possible, ensure that advanced placement and international
11.3 	baccalaureate courses become available in all parts of the state
11.4 	and that a variety of course offerings are available in school
11.5 	districts.  This subdivision does not prevent teacher or other
11.6 	interested educator participation in training programs offered
11.7 	by The College Board or International Baccalaureate North
11.8 	America, Inc., when tuition is paid by a source other than the
11.9 	state.

11.10 	Sec. 14. Minnesota Statutes 2004, section 120B.13,
11.11 	subdivision 3, is amended to read:
11.12 		Subd. 3.Subsidy for examination fees.  The state may pay
11.13 	all or part of the fee for advanced placement or international
11.14 	baccalaureate examinations for pupils of low-income families in
11.15 	public and nonpublic schools.  The commissioner shall adopt a
11.16 	schedule for fee subsidies that may allow payment of the entire
11.17 	fee for pay all examination fees for all public and nonpublic
11.18 	students of low-income families, as defined by the commissioner,
11.19 	and to the limit of the available appropriation, shall also pay
11.20 	a portion or all of the examination fees for other public and
11.21 	nonpublic students sitting for an advanced placement
11.22 	examination, international baccalaureate examination, or both.
11.23 	The commissioner shall determine procedures for state payments
11.24 	of fees.

11.25 	Sec. 15. [120B.15] GIFTED AND TALENTED STUDENTS
11.26 	PROGRAMS.
11.27 		Subdivision 1.Gifted and talented students. School
11.28 	districts must adopt guidelines for assessing and identifying
11.29 	students for participation in gifted and talented programs.  The
11.30 	guidelines should include the use of:
11.31 	(1) multiple and objective criteria; and 
11.32 	(2) using assessments and procedures that are valid and
11.33 	reliable, fair, and based on current theory and research.
11.34 		Subd. 2.Student access; program content and
11.35 	development.
 11.36 	(a) Gifted and talented programs may include:
12.1 	(1) curriculum aligned with the cognitive, affective,
12.2 	developmental, and physical needs of gifted and talented
12.3 	students;
12.4 	(2) articulated prekindergarten through grade 12 learning
12.5 	experiences;
12.6 	(3) flexible instructional pacing and subject and
12.7 	grade-based opportunities to accelerate instruction;
12.8 	(4) rigorous content consistent with students' abilities
12.9 	and social and emotional development;
12.10 	(5) challenging learning experiences focused on problem
12.11 	solving and advanced reasoning; and 
12.12 	(6) differentiated guidance services to nurture students'
12.13 	social and emotional development.
12.14 	(b) School districts, in collaboration with interested
12.15 	community members and with technical assistance from the state
12.16 	education department, must offer gifted and talented programs.
12.17 	
EFFECTIVE DATE. This section is effective for the
12.18 	2005-2006 school year and later.

12.19 	Sec. 16. [120B.25] AMERICAN HERITAGE EDUCATION.
12.20 	School districts shall permit grade-level instruction for
12.21 	students to read and study America's founding documents,
12.22 	including documents that contributed to the foundation or
12.23 	maintenance of America's representative form of limited
12.24 	government, the Bill of Rights, our free-market economic system,
12.25 	and patriotism.

12.26 	Sec. 17. Minnesota Statutes 2004, section 120B.30,
12.27 	subdivision 1, is amended to read:
12.28 		Subdivision 1.Statewide testing.  (a) The commissioner,
12.29 	with advice from experts with appropriate technical
12.30 	qualifications and experience and stakeholders, consistent with
12.31 	subdivision 1a, shall include in the comprehensive assessment
12.32 	system, for each grade level to be tested, state-constructed
12.33 	tests developed from and aligned with the state's required
12.34 	academic standards under section 120B.021 and administered
12.35 	annually to all students in grades 3 through 8 and at the high
12.36 	school level.  A state-developed test in a subject other than
13.1 	writing, developed after the 2002-2003 school year, must include
13.2 	both multiple choice machine-scoreable and constructed response
13.3 	questions.  The commissioner shall establish one or more months
13.4 	during which schools shall administer the tests to students each
13.5 	school year. For students enrolled in grade 8 before the
13.6 	2005-2006 school year,only Minnesota basic skills tests in
13.7 	reading, mathematics, and writing shall fulfill students' basic
13.8 	skills testing requirements for a passing state notation.  The
13.9 	passing scores of the state tests in reading and mathematics are
13.10 	the equivalent of:
13.11 	(1) 70 percent correct for students entering grade 9 in
13.12 	1996; and
13.13 	(2) 75 percent correct for students entering grade 9 in
13.14 	1997 and thereafter, as based on the first uniform test
13.15 	administration of February 1998.
13.16 	For students enrolled in grade 8 in the 2005-2006 school
13.17 	year and later, only the Minnesota Comprehensive Assessments
13.18 	Second Edition (MCA-IIs) in reading, mathematics, and writing
13.19 	shall fulfill students' academic standard requirements.
13.20 	(b) The third through 8th grade and high school level test
13.21 	results shall be available to districts for diagnostic purposes
13.22 	affecting student learning and district instruction and
13.23 	curriculum, and for establishing educational accountability.
13.24 	The commissioner must disseminate to the public the test results
13.25 	upon receiving those results.
13.26 	(c) State tests must be constructed and aligned with state
13.27 	academic standards.  The testing process and the order of
13.28 	administration shall be determined by the commissioner.  The
13.29 	statewide results shall be aggregated at the site and district
13.30 	level, consistent with subdivision 1a.
13.31 	(d) In addition to the testing and reporting requirements
13.32 	under this section, the commissioner shall include the following
13.33 	components in the statewide public reporting system:
13.34 	(1) uniform statewide testing of all students in grades 3
13.35 	through 8 and at the high school level that provides exemptions,
13.36 	only with parent or guardian approval, for those very few
14.1 	students for whom the student's individual education plan team
14.2 	under sections 125A.05 and 125A.06, determines that the student
14.3 	is incapable of taking a statewide test, or for a limited
14.4 	English proficiency student under section 124D.59, subdivision
14.5 	2, if the student has been in the United States for fewer than
14.6 	three years;
14.7 	(2) educational indicators that can be aggregated and
14.8 	compared across school districts and across time on a statewide
14.9 	basis, including average daily attendance, high school
14.10 	graduation rates, and high school drop-out rates by age and
14.11 	grade level;
14.12 	(3) students' scores on the American College Test; and
14.13 	(4) state results from participation in the National
14.14 	Assessment of Educational Progress so that the state can
14.15 	benchmark its performance against the nation and other states,
14.16 	and, where possible, against other countries, and contribute to
14.17 	the national effort to monitor achievement.
14.18 	(e) Districts must report exemptions under paragraph (d),
14.19 	clause (1), to the commissioner consistent with a format
14.20 	provided by the commissioner.

14.21 	Sec. 18. Minnesota Statutes 2004, section 120B.30,
14.22 	subdivision 1a, is amended to read:
14.23 		Subd. 1a.Statewide and local assessments; results.  (a)
14.24 	The commissioner must develop language arts reading,
14.25 	mathematics, and science assessments aligned with state academic
14.26 	standards that districts and sites must use to monitor student
14.27 	growth toward achieving those standards.  The commissioner must
14.28 	not develop statewide assessments for academic standards in
14.29 	social studies and the arts.  The commissioner must require:
14.30 	(1) annual language arts reading and mathematics
14.31 	assessments in grades 3 through 8 and at the high school level
14.32 	for the 2005-2006 school year and later; and
14.33 	(2) annual science assessments in one grade in the grades 3
14.34 	through 5 span, the grades 6 through 9 span, and a life sciences
14.35 	assessment in the grades 10 through 12 span for the 2007-2008
14.36 	school year and later.
15.1 	(b) The commissioner must ensure that all statewide tests
15.2 	administered to elementary and secondary students measure
15.3 	students' academic knowledge and skills and not students'
15.4 	values, attitudes, and beliefs.
15.5 	(c) Reporting of assessment results must:
15.6 	(1) provide timely, useful, and understandable information
15.7 	on the performance of individual students, schools, school
15.8 	districts, and the state;
15.9 	(2) include, by the 2006-2007 school year, a value-added
15.10 	component to measure student achievement growth over time; and
15.11 	(3) for students enrolled in grade 8 before the 2005-2006
15.12 	school year,determine whether students have met the state's
15.13 	basic skills requirements; or 
15.14 	(4) for students enrolled in grade 8 in the 2005-2006
15.15 	school year and later, determine whether students have met the
15.16 	state's academic standards.
15.17 	(d) Consistent with applicable federal law and subdivision
15.18 	1, paragraph (d), clause (1), the commissioner must include
15.19 	alternative assessments for the very few students with
15.20 	disabilities for whom statewide assessments are inappropriate
15.21 	and for students with limited English proficiency.
15.22 	(e) A school, school district, and charter school must
15.23 	administer statewide assessments under this section, as the
15.24 	assessments become available, to evaluate student progress in
15.25 	achieving the academic standards.  If a state assessment is not
15.26 	available, a school, school district, and charter school must
15.27 	determine locally if a student has met the required academic
15.28 	standards.  A school, school district, or charter school may use
15.29 	a student's performance on a statewide assessment as one of
15.30 	multiple criteria to determine grade promotion or retention.  A
15.31 	school, school district, or charter school may use a high school
15.32 	student's performance on a statewide assessment as a percentage
15.33 	of the student's final grade in a course, or place a student's
15.34 	assessment score on the student's transcript.

15.35 	Sec. 19. Minnesota Statutes 2004, section 120B.30, is
15.36 	amended by adding a subdivision to read:
16.1 		Subd. 4.Access to tests. The commissioner must adopt
16.2 	and publish a policy to provide public and parental access for
16.3 	review of basic skills tests, Minnesota comprehensive
16.4 	assessments, or any other such statewide test and assessment.
16.5 	Upon receiving a written request, the commissioner must make
16.6 	available to parents or guardians a copy of their student's
16.7 	actual answer sheet to the test questions to be reviewed by the
16.8 	parent and the student's teacher at the school site.

16.9 	Sec. 20. [120B.361] VALUE-ADDED ASSESSMENT PROGRAM.
16.10 	(a) The commissioner of education must implement a
16.11 	value-added assessment program to assist school districts,
16.12 	public schools, and charter schools in assessing and reporting
16.13 	students' growth in academic achievement under section 120B.30,
16.14 	subdivision 1a.  The program must use assessments of students'
16.15 	academic achievement to make longitudinal comparisons of each
16.16 	student's academic growth over time.  School districts, public
16.17 	schools, and charter schools may apply to the commissioner to
16.18 	participate in the initial trial program using a form and in the
16.19 	manner the commissioner prescribes.  The commissioner must
16.20 	select program participants from urban, suburban, and rural
16.21 	areas throughout the state.
16.22 	(b) The commissioner may issue a request for a proposal to
16.23 	contract with an organization that provides a value-added
16.24 	assessment model that reliably estimates school and school
16.25 	district effects on students' academic achievement over time.
16.26 	The model the commissioner selects must accommodate diverse data
16.27 	and must use each student's test data across grades.
16.28 	(c) The contract under paragraph (b) must be consistent
16.29 	with the definition of "best value" under section 16C.02,
16.30 	subdivision 4.

16.31 	EFFECTIVE DATE. This section is effective the day
16.32 	following final enactment.

16.33 	Sec. 21. [120B.362] GRANTS FOR SITE-BASED ACHIEVEMENT
16.34 	CONTRACTS.
16.35 		Subdivision 1.Eligible schools. (a) The commissioner of
16.36 	education shall award grants to public school sites to increase
17.1 	student achievement and eliminate the achievement gap at the
17.2 	school site.
17.3 	(b) The commissioner shall select sites that meet the
17.4 	following criteria:
17.5 	(1) have at least 75 percent of enrollment eligible for
17.6 	free or reduced-price lunch;
17.7 	(2) have an enrollment where at least 75 percent of the
17.8 	students are students of color; and 
17.9 	(3) have failed to meet adequate yearly progress for at
17.10 	least two consecutive years.
17.11 	(c) In order to be eligible for a grant under this section,
17.12 	a public school site shall have an approved site decision-making
17.13 	agreement under section 123B.04, including an achievement
17.14 	contract under section 123B.04, subdivision 4.  The site
17.15 	decision-making team shall include the principal or the person
17.16 	having general control of the school site.
17.17 	(d) The site team shall have a plan approved by the school
17.18 	board and shall also have an agreement with the exclusive
17.19 	bargaining unit of the district to participate in this grant
17.20 	program.
17.21 		Subd. 2.Application. (a) The applicant shall submit a
17.22 	plan that will result in at least 80 percent of the students at
17.23 	the site testing at a proficient level for their grade by the
17.24 	end of the grant period of six years, with at least 60 percent
17.25 	of the students testing at a proficient level for their grade at
17.26 	the midpoint of the grant period.
17.27 	(b) The site team shall include in its application a
17.28 	detailed plan for using multiple objective and measurable
17.29 	methods for tracking student achievement during the duration of
17.30 	the grant and shall also include curriculum and academic
17.31 	requirements that are rigorous and challenging for all
17.32 	students.  The site shall have the ability to return timely test
17.33 	data to teachers and have a plan that demonstrates that the
17.34 	teachers at the site can use the data to help improve curriculum
17.35 	as well as monitor student achievement.
17.36 	(c) The applicant shall have in its site-based plan an
18.1 	agreement between the district and the exclusive bargaining unit
18.2 	of the district that would give the site-based team increased
18.3 	stability in the placement of teachers at the site.  The
18.4 	applicant shall include other innovative site-based personnel
18.5 	decision-making items in its agreement that may include, but are
18.6 	not limited to:  hiring bonuses, additional ongoing
18.7 	collaborative preparation time, on-site staff development,
18.8 	hiring additional staff, and performance-based incentives.
18.9 	(d) The site team shall also include in its application a
18.10 	plan for a greater involvement of parents and the community in
18.11 	the school, a plan for ensuring that each student at the site
18.12 	can develop a meaningful relationship with at least one teacher
18.13 	at the school site, and a clear approach to school safety,
18.14 	including promoting respect for students and teachers.
18.15 		Subd. 3.Grant awards. (a) The commissioner shall award
18.16 	grants to a school site in three parts:
18.17 	(1) one-third of the total grant amount is awarded at the
18.18 	beginning of the grant agreement;
18.19 	(2) one-third is awarded at the midpoint of the grant
18.20 	agreement if the site has met the achievement goals established
18.21 	in subdivision 2, paragraph (a); and 
18.22 	(3) one-third is awarded upon the completion of the grant
18.23 	agreement if the site has met the achievement goals established
18.24 	in subdivision 2, paragraph (a).
18.25 	(b) The total grant award for a school site shall be at
18.26 	least $150,000 and shall not exceed $500,000.  The commissioner
18.27 	shall determine the grant amount based on the number of students
18.28 	enrolled at the site.
18.29 	(c) The commissioner shall determine all other aspects of
18.30 	the application and grant award process consistent with this
18.31 	section.
18.32 		Subd. 4.Report. The commissioner shall report annually
18.33 	by March 1 during the program, with a final report due by
18.34 	January 15, 2011, to the house of representatives and senate
18.35 	committees having jurisdiction over education on the progress of
18.36 	the program, including at least improvement in student
19.1 	achievement, the effect of innovative personnel decision making
19.2 	on closing the achievement gap, and the characteristics of
19.3 	highly effective teachers.
19.4 	
EFFECTIVE DATE. This section is effective the day
19.5 	following final enactment and applies to the 2005-2006 through
19.6 	2011-2012 school years.

19.7 	Sec. 22. Minnesota Statutes 2004, section 121A.06,
19.8 	subdivision 2, is amended to read:
19.9 		Subd. 2.Reports; content. By January 1, 1994, the
19.10 	commissioner, in consultation with the criminal and juvenile
19.11 	information policy group, shall develop a standardized form to
19.12 	be used by schools to report incidents involving the use or
19.13 	possession of a dangerous weapon in school zones.School
19.14 	districts must electronically report to the commissioner of
19.15 	education incidents involving the use or possession of a
19.16 	dangerous weapon in school zones.The form shall must include
19.17 	the following information:
19.18 	(1) a description of each incident, including a description
19.19 	of the dangerous weapon involved in the incident;
19.20 	(2) where, at what time, and under what circumstances the
19.21 	incident occurred;
19.22 	(3) information about the offender, other than the
19.23 	offender's name, including the offender's age; whether the
19.24 	offender was a student and, if so, where the offender attended
19.25 	school; and whether the offender was under school expulsion or
19.26 	suspension at the time of the incident;
19.27 	(4) information about the victim other than the victim's
19.28 	name, if any, including the victim's age; whether the victim was
19.29 	a student and, if so, where the victim attended school; and if
19.30 	the victim was not a student, whether the victim was employed at
19.31 	the school;
19.32 	(5) the cost of the incident to the school and to the
19.33 	victim; and
19.34 	(6) the action taken by the school administration to
19.35 	respond to the incident.
19.36 	The commissioner also shall develop provide an alternative 
20.1 	electronic reporting format that allows school districts to
20.2 	provide aggregate data, with an option to use computer
20.3 	technology to report the data.

20.4 	Sec. 23. Minnesota Statutes 2004, section 121A.06,
20.5 	subdivision 3, is amended to read:
20.6 		Subd. 3.Reports; filing requirements.  By February 1 and 
20.7 	July 1 31 of each year, each school other than a home school 
20.8 	shall report incidents involving the use or possession of a
20.9 	dangerous weapon in school zones to the commissioner.  The
20.10 	reports by public schools must be made on the standardized forms
20.11 	or using the alternative format submitted using the electronic
20.12 	reporting system developed by the commissioner under subdivision
20.13 	2.  The commissioner shall compile the information it receives
20.14 	from the schools and report it annually to the commissioner of
20.15 	public safety, the criminal and juvenile information policy
20.16 	group,and the legislature.

20.17 	Sec. 24. [121A.0695] SCHOOL BOARD POLICY; PROHIBITING
20.18 	INTIMIDATION AND BULLYING.
20.19 		Subdivision 1.Intimidation or bullying
20.20 	defined. "Intimidation or bullying" means an intentional
20.21 	gesture or a written, oral, or physical act or threat that a
20.22 	reasonable person under the circumstances knows or should know
20.23 	has the effect of:
20.24 	(1) harming a student;
20.25 	(2) damaging a student's property;
20.26 	(3) placing a student in reasonable fear of harm to the
20.27 	student's person;
20.28 	(4) placing a student in reasonable fear of damage to the
20.29 	student's property; or 
20.30 	(5) creating a severe or persistent environment of
20.31 	intimidation or abuse.
20.32 		Subd. 2.Model policy. The commissioner of education
20.33 	shall maintain and make available to school boards and other
20.34 	schools a model policy prohibiting intimidation and bullying
20.35 	that addresses the requirements of subdivision 3.
20.36 		Subd. 3.School board policy. Each school board shall
21.1 	adopt a written policy prohibiting intimidation and bullying of
21.2 	any student, including, but not limited to, the acts defined in
21.3 	subdivision 1.  The policy must describe the behavior expected
21.4 	of each student and state the consequences for and the
21.5 	appropriate remedial action to be taken against the person
21.6 	acting to intimidate or bully.  The policy must include
21.7 	reporting procedures, including, at a minimum, requiring school
21.8 	personnel to report student intimidation or bullying incidents
21.9 	and allowing persons to report incidents anonymously.  Each
21.10 	district must integrate into its violence prevention program
21.11 	under section 120B.22, if applicable, behavior and expectations
21.12 	established under this section.  Each school must include the
21.13 	policy in the student handbook on school policies.
21.14 	
EFFECTIVE DATE. This section is effective for the
21.15 	2005-2006 school year and later.

21.16 	Sec. 25. [121A.222] POSSESSION AND USE OF NONPRESCRIPTION
21.17 	PAIN RELIEVERS BY SECONDARY STUDENTS.
21.18 	A secondary student may possess and use nonprescription
21.19 	pain relief in a manner consistent with the labeling, if the
21.20 	district has received a written authorization from the student's
21.21 	parent permitting the student to self-administer the
21.22 	medication.  The parent must submit written authorization for
21.23 	the student to self-administer the medication each school year.
21.24 	The district may revoke a student's privilege to possess and use
21.25 	nonprescription pain relievers if the district determines that
21.26 	the student is abusing the privilege.

21.27 	Sec. 26. [121A.231] COMPREHENSIVE FAMILY LIFE AND
21.28 	SEXUALITY EDUCATION PROGRAMS.
21.29 		Subdivision 1.Definitions. (a) "Comprehensive family
21.30 	life and sexuality education" means education in grades 7
21.31 	through 12 that:
21.32 	(1) respects community values and encourages family
21.33 	communication;
21.34 	(2) develops skills in communication, decision making, and
21.35 	conflict resolution;
21.36 	(3) contributes to healthy relations;
22.1 	(4) provides human development and sexuality education that
22.2 	is age appropriate and medically accurate;
22.3 	(5) promotes responsible sexual behavior, including an
22.4 	abstinence-first approach to delaying initiation to sexual
22.5 	activity that emphasizes abstinence while also including
22.6 	education about the use of protection and contraception; and 
22.7 	(6) promotes individual responsibility.
22.8 	(b) "Age appropriate" refers to topics, messages, and
22.9 	teaching methods suitable to particular ages or age groups of
22.10 	children and adolescents, based on developing cognitive,
22.11 	emotional, and behavioral capacity typical for the age or age
22.12 	group.
22.13 	(c) "Medically accurate" means verified or supported by
22.14 	research conducted in compliance with scientific methods and
22.15 	published in peer-reviewed journals, where appropriate, and
22.16 	recognized as accurate and objective by professional
22.17 	organizations and agencies in the relevant field, such as the
22.18 	federal Centers for Disease Control and Prevention, the American
22.19 	Public Health Association, the American Academy of Pediatrics,
22.20 	or the American College of Obstetricians and Gynecologists.
22.21 		Subd. 2.Curriculum requirements. (a) A school district
22.22 	may offer and may independently establish policies, procedures,
22.23 	curriculum, and services for providing comprehensive family life
22.24 	and sexuality education that is age appropriate and medically
22.25 	accurate for kindergarten through grade 6.
22.26 	(b) A school district must offer and may independently
22.27 	establish policies, procedures, curriculum, and services for
22.28 	providing comprehensive family life and sexuality education that
22.29 	is age appropriate and medically accurate for grades 7 through
22.30 	12.
22.31 		Subd. 3.Notice and parental options. (a) It is the
22.32 	legislature's intent to encourage pupils to communicate with
22.33 	their parents or guardians about human sexuality and to respect
22.34 	rights of parents or guardians to supervise their children's
22.35 	education on these subjects.
22.36 	(b) Parents or guardians may excuse their children from all
23.1 	or part of a comprehensive family life and sexuality education
23.2 	program.
23.3 	(c) A school district must establish procedures for
23.4 	providing parents or guardians reasonable notice with the
23.5 	following information:
23.6 	(1) if the district is offering a comprehensive family life
23.7 	and sexuality education program to the parents' or guardians'
23.8 	child during the course of the year;
23.9 	(2) how the parents or guardians may inspect the written
23.10 	and audio/visual educational materials used in the program and
23.11 	the process for inspection;
23.12 	(3) if the program is presented by school district
23.13 	personnel or outside consultants, and if outside consultants are
23.14 	used, who they may be; and 
23.15 	(4) parents' or guardians' right to choose not to have
23.16 	their child participate in the program and the procedure for
23.17 	exercising that right.
23.18 	(d) A school district must establish procedures for
23.19 	reasonably restricting the availability of written and
23.20 	audio/visual educational materials from public view of students
23.21 	who have been excused from all or part of a comprehensive family
23.22 	life and sexuality education program at the request of a parent
23.23 	or guardian.
23.24 		Subd. 4.Assistance to school districts. (a) The
23.25 	Department of Education may offer services to school districts
23.26 	to help them implement effective comprehensive family life and
23.27 	sexuality education programs.  In providing these services, the
23.28 	department may contract with a school district, or a school
23.29 	district in partnership with a local health agency or a
23.30 	nonprofit organization, to establish up to eight regional
23.31 	training sites, taking into account geographical balance, to
23.32 	provide:
23.33 	(1) training for teachers, parents, and community members
23.34 	in the development of comprehensive family life and sexuality
23.35 	education curriculum or services and in planning for monitoring
23.36 	and evaluation activities;
24.1 	(2) resource staff persons to provide expert training,
24.2 	curriculum development and implementation, and evaluation
24.3 	services;
24.4 	(3) technical assistance to promote and coordinate
24.5 	community, parent, and youth forums in communities identified as
24.6 	having high needs for comprehensive family life and sexuality
24.7 	education;
24.8 	(4) technical assistance for issue management and policy
24.9 	development training for school boards, superintendents,
24.10 	principals, and administrators across the state; and 
24.11 	(5) funding for grants to school-based comprehensive family
24.12 	life and sexuality education programs to promote innovation and
24.13 	to recognize outstanding performance and promote replication of
24.14 	demonstrably effective strategies.
24.15 	(b) Technical assistance provided by the department to
24.16 	school districts or regional training sites may:
24.17 	(1) promote instruction and use of materials that are age
24.18 	appropriate;
24.19 	(2) provide information that is medically accurate and
24.20 	objective;
24.21 	(3) provide instruction and promote use of materials that
24.22 	are respectful of marriage and commitments in relationships;
24.23 	(4) provide instruction and promote use of materials that
24.24 	are appropriate for use with pupils and family experiences based
24.25 	on race, gender, sexual orientation, ethnic and cultural
24.26 	background, and appropriately accommodate alternative learning
24.27 	based on language or disability;
24.28 	(5) provide instruction and promote use of materials that
24.29 	encourage pupils to communicate with their parents or guardians
24.30 	about human sexuality;
24.31 	(6) provide instruction and promote use of age-appropriate
24.32 	materials that teach abstinence from sexual intercourse as the
24.33 	only certain way to prevent unintended pregnancy or sexually
24.34 	transmitted infections, including HIV, and provide information
24.35 	about the role and value of abstinence while also providing
24.36 	medically accurate information on other methods of preventing
25.1 	and reducing risk for unintended pregnancy and sexually
25.2 	transmitted infections;
25.3 	(7) provide instruction and promote use of age-appropriate
25.4 	materials that are medically accurate in explaining transmission
25.5 	modes, risks, symptoms, and treatments for sexually transmitted
25.6 	infections, including HIV;
25.7 	(8) provide instruction and promote use of age-appropriate
25.8 	materials that address varied societal views on sexuality,
25.9 	sexual behaviors, pregnancy, and sexually transmitted
25.10 	infections, including HIV, in an age-appropriate manner;
25.11 	(9) provide instruction and promote use of age-appropriate
25.12 	materials that provide information about the effectiveness and
25.13 	safety of all FDA-approved methods for preventing and reducing
25.14 	risk for unintended pregnancy and sexually transmitted
25.15 	infections, including HIV;
25.16 	(10) provide instruction and promote use of age-appropriate
25.17 	materials that provide instruction in skills for making and
25.18 	implementing responsible decisions about sexuality;
25.19 	(11) provide instruction and promote use of age-appropriate
25.20 	materials that provide instruction in skills for making and
25.21 	implementing responsible decisions about finding and using
25.22 	health services; and 
25.23 	(12) provide instruction and promote use of age-appropriate
25.24 	materials that do not teach or promote religious doctrine nor
25.25 	reflect or promote bias against any person on the basis of any
25.26 	category protected under the Minnesota Human Rights Act, chapter
25.27 	363A.

25.28 	Sec. 27. Minnesota Statutes 2004, section 121A.53, is
25.29 	amended to read:
25.30 	121A.53 REPORT TO COMMISSIONER OF EDUCATION.
25.31 		Subdivision 1.Exclusions and expulsions. The school
25.32 	board shall must report through the department electronic
25.33 	reporting system each exclusion or expulsion within 30 days of
25.34 	the effective date of the action to the commissioner of
25.35 	education.  This report shall must include a statement of
25.36 	alternative educational services given the pupil and the reason
26.1 	for, the effective date, and the duration of the exclusion or
26.2 	expulsion. The report must also include the student's age,
26.3 	grade, gender, race, and special education status.
26.4 		Subd. 2.Report. The school board must include state
26.5 	student identification numbers of affected pupils on all
26.6 	dismissal reports required by the department.  The department
26.7 	must report annually to the commissioner summary data on the
26.8 	number of dismissals by age, grade, gender, race, and special
26.9 	education status of the affected pupils. All dismissal reports
26.10 	must be submitted through the department electronic reporting
26.11 	system.

26.12 	Sec. 28. Minnesota Statutes 2004, section 122A.06,
26.13 	subdivision 4, is amended to read:
26.14 		Subd. 4.Comprehensive, scientifically based reading
26.15 	instruction. "Comprehensive, scientifically based reading
26.16 	instruction" includes instruction and practice in phonemic
26.17 	awareness, phonics and other word-recognition skills, and guided
26.18 	oral reading for beginning readers, as well as extensive silent
26.19 	reading, vocabulary instruction, instruction in comprehension,
26.20 	and instruction that fosters understanding and higher-order
26.21 	thinking for readers of all ages and proficiency
26.22 	levels."Comprehensive, scientifically based reading
26.23 	instruction" includes a program or collection of instructional
26.24 	practices with demonstrated success in instructing learners and
26.25 	reliable and valid evidence to support the conclusion that when
26.26 	these methods are used with learners, they can be expected to
26.27 	achieve, at a minimum, satisfactory progress in reading
26.28 	achievement.  The program or collection of practices must
26.29 	include, at a minimum, instruction in five areas of reading:
26.30 	phonemic awareness, phonics, fluency, vocabulary, and text
26.31 	comprehension.
26.32 	Comprehensive, scientifically based reading instruction
26.33 	also includes and integrates instructional strategies for
26.34 	continuously assessing and evaluating the learner's reading
26.35 	progress and needs in order to design and implement ongoing
26.36 	interventions so that learners of all ages and proficiency
27.1 	levels can read and comprehend text and apply higher level
27.2 	thinking skills.

27.3 	Sec. 29. Minnesota Statutes 2004, section 122A.18,
27.4 	subdivision 2a, is amended to read:
27.5 		Subd. 2a.Reading strategies.  (a) All colleges and
27.6 	universities approved by the Board of Teaching to prepare
27.7 	persons for classroom teacher licensure must include in their
27.8 	teacher preparation programs reading best practices that enable
27.9 	classroom teacher licensure candidates to know how to teach
27.10 	reading, such as phonics or other research-based best practices
27.11 	in reading, consistent with section 122A.06, subdivision 4, that
27.12 	enable the licensure candidate to know how to teach reading in
27.13 	the candidate's content areas.
27.14 	(b) Board-approved teacher preparation programs for
27.15 	teachers of elementary education must require instruction in the
27.16 	application of comprehensive, scientifically based, and balanced
27.17 	reading instruction programs.that:
27.18 	(1) teach students to read using foundational knowledge,
27.19 	practices, and strategies consistent with section 122A.06,
27.20 	subdivision 4, so that all students will achieve continuous
27.21 	progress in reading; and 
27.22 	(2) teach specialized instruction in reading strategies,
27.23 	interventions, and remediations that enable students of all ages
27.24 	and proficiency levels to become proficient readers.

27.25 	Sec. 30. Minnesota Statutes 2004, section 122A.40,
27.26 	subdivision 5, is amended to read:
27.27 		Subd. 5.Probationary period.  (a) The first three
27.28 	consecutive years of a teacher's first teaching experience in
27.29 	Minnesota in a single district is deemed to be a probationary
27.30 	period of employment, and after completion thereof, the
27.31 	probationary period in each district in which the teacher is
27.32 	thereafter employed shall be one year.  The school board must
27.33 	adopt a plan for written evaluation of teachers during the
27.34 	probationary period.  Evaluation must occur at least three times
27.35 	each year for a teacher performing services on 120 or more
27.36 	school days, at least two times each year for a teacher
28.1 	performing services on 60 to 119 school days, and at least one
28.2 	time each year for a teacher performing services on fewer than
28.3 	60 school days.  Days devoted to parent-teacher conferences,
28.4 	teachers' workshops, and other staff development opportunities
28.5 	and days on which a teacher is absent from school must not be
28.6 	included in determining the number of school days on which a
28.7 	teacher performs services.  Except as otherwise provided in
28.8 	paragraph (b), during the probationary period any annual
28.9 	contract with any teacher may or may not be renewed as the
28.10 	school board shall see fit.  However, the board must give any
28.11 	such teacher whose contract it declines to renew for the
28.12 	following school year written notice to that effect before July
28.13 	1.  If the teacher requests reasons for any nonrenewal of a
28.14 	teaching contract, the board must give the teacher its reason in
28.15 	writing, including a statement that appropriate supervision was
28.16 	furnished describing the nature and the extent of such
28.17 	supervision furnished the teacher during the employment by the
28.18 	board, within ten days after receiving such request.  The school
28.19 	board may, after a hearing held upon due notice, discharge a
28.20 	teacher during the probationary period for cause, effective
28.21 	immediately, under section 122A.44.
28.22 	(b) A board must discharge a probationary teacher,
28.23 	effective immediately, upon receipt of notice under section
28.24 	122A.20, subdivision 1, paragraph (b), that the teacher's
28.25 	license has been revoked due to a conviction for child abuse or
28.26 	sexual abuse.
28.27 	(c) A probationary teacher whose first three years of
28.28 	consecutive employment is interrupted for active military
28.29 	service and who promptly resumes teaching consistent with
28.30 	federal reemployment timelines for uniformed service personnel
28.31 	under United States Code, title 38, section 4312(e), is
28.32 	considered to have a consecutive teaching experience for
28.33 	purposes of paragraph (a).
28.34 	(d) A probationary teacher must complete at least 60 days
28.35 	of teaching service each year during the probationary period.
28.36 	Days devoted to parent-teacher conferences, teachers' workshops,
29.1 	and other staff development opportunities and days on which a
29.2 	teacher is absent from school do not count as days of teaching
29.3 	service under this paragraph.
29.4 	
EFFECTIVE DATE. Paragraph (c) of this section is
29.5 	retroactively effective to September 10, 2001, and applies to
29.6 	those probationary teachers absent for active military service
29.7 	beginning on September 10, 2001, or later.  Paragraph (d) of
29.8 	this section is effective July 1, 2005.

29.9 	Sec. 31. Minnesota Statutes 2004, section 122A.41,
29.10 	subdivision 2, is amended to read:
29.11 		Subd. 2.Probationary period; discharge or demotion. (a) 
29.12 	All teachers in the public schools in cities of the first class
29.13 	during the first three years of consecutive employment shall be
29.14 	deemed to be in a probationary period of employment during which
29.15 	period any annual contract with any teacher may, or may not, be
29.16 	renewed as the school board, after consulting with the peer
29.17 	review committee charged with evaluating the probationary
29.18 	teachers under subdivision 3, shall see fit.  The school site
29.19 	management team or the school board if there is no school site
29.20 	management team, shall adopt a plan for a written evaluation of
29.21 	teachers during the probationary period according to subdivision
29.22 	3.  Evaluation by the peer review committee charged with
29.23 	evaluating probationary teachers under subdivision 3 shall occur
29.24 	at least three times each year for a teacher performing services
29.25 	on 120 or more school days, at least two times each year for a
29.26 	teacher performing services on 60 to 119 school days, and at
29.27 	least one time each year for a teacher performing services on
29.28 	fewer than 60 school days.  Days devoted to parent-teacher
29.29 	conferences, teachers' workshops, and other staff development
29.30 	opportunities and days on which a teacher is absent from school
29.31 	shall not be included in determining the number of school days
29.32 	on which a teacher performs services.  The school board may,
29.33 	during such probationary period, discharge or demote a teacher
29.34 	for any of the causes as specified in this code.  A written
29.35 	statement of the cause of such discharge or demotion shall be
29.36 	given to the teacher by the school board at least 30 days before
30.1 	such removal or demotion shall become effective, and the teacher
30.2 	so notified shall have no right of appeal therefrom.
30.3 	(b) A probationary teacher whose first three years of
30.4 	consecutive employment is interrupted for active military
30.5 	service and who promptly resumes teaching consistent with
30.6 	federal reemployment timelines for uniformed service personnel
30.7 	under United States Code, title 38, section 4312(e), is
30.8 	considered to have a consecutive teaching experience for
30.9 	purposes of paragraph (a).
30.10 	(c) A probationary teacher must complete at least 60 days
30.11 	of teaching service each year during the probationary period.
30.12 	Days devoted to parent-teacher conferences, teachers' workshops,
30.13 	and other staff development opportunities and days on which a
30.14 	teacher is absent from school do not count as days of teaching
30.15 	service under this paragraph.
30.16 	
EFFECTIVE DATE. Paragraph (b) of this section is
30.17 	retroactively effective to September 10, 2001, and applies to
30.18 	those probationary teachers absent for active military service
30.19 	beginning on September 10, 2001, or later.  Paragraph (c) of
30.20 	this section is effective July 1, 2005.

30.21 	Sec. 32. Minnesota Statutes 2004, section 122A.41,
30.22 	subdivision 5a, is amended to read:
30.23 		Subd. 5a.Probationary period for principals hired
30.24 	internally.  A board and the exclusive representative of the
30.25 	school principals in the district may negotiate a plan for a
30.26 	probationary period of up to two school years for licensed
30.27 	teachers employed by the board who are subsequently employed by
30.28 	the board as a licensed school principal or assistant principal
30.29 	and an additional probationary period of up to two years for
30.30 	licensed assistant principals employed by the board who are
30.31 	subsequently employed by the board as a licensed school
30.32 	principal.
30.33 	
EFFECTIVE DATE. This section is effective August 1, 2005.

30.34 	Sec. 33. Minnesota Statutes 2004, section 122A.41,
30.35 	subdivision 14, is amended to read:
30.36 		Subd. 14.Services terminated by discontinuance or lack
31.1 	of pupils; preference given.  (a) A teacher whose services are
31.2 	terminated on account of discontinuance of position or lack of
31.3 	pupils must receive first consideration for other positions in
31.4 	the district for which that teacher is qualified.  In the event
31.5 	it becomes necessary to discontinue one or more positions, in
31.6 	making such discontinuance, teachers must be discontinued in any
31.7 	department in the inverse order in which they were employed,
31.8 	unless a board and the exclusive representative of teachers in
31.9 	the district negotiate a plan providing otherwise.
31.10 	(b) Notwithstanding the provisions of clause (a), a teacher
31.11 	is not entitled to exercise any seniority when that exercise
31.12 	results in that teacher being retained by the district in a
31.13 	field for which the teacher holds only a provisional license, as
31.14 	defined by the Board of Teaching, unless that exercise of
31.15 	seniority results in the termination of services, on account of
31.16 	discontinuance of position or lack of pupils, of another teacher
31.17 	who also holds a provisional license in the same field.  The
31.18 	provisions of this clause do not apply to vocational education
31.19 	licenses.
31.20 	(c) Notwithstanding the provisions of clause (a), a teacher
31.21 	must not be reinstated to a position in a field in which the
31.22 	teacher holds only a provisional license, other than a
31.23 	vocational education license, while another teacher who holds a
31.24 	nonprovisional license in the same field is available for
31.25 	reinstatement.
31.26 	
EFFECTIVE DATE. This section is effective August 1, 2005.

31.27 	Sec. 34. Minnesota Statutes 2004, section 122A.413, is
31.28 	amended to read:
31.29 	122A.413 EDUCATIONAL IMPROVEMENT PLAN.
31.30 		Subdivision 1.Qualifying plan. A district may develop
31.31 	an educational improvement plan for the purpose of qualifying
31.32 	for alternative teacher compensation principled pay practices 
31.33 	aid under sections 122A.414 and 122A.415section 122A.4142.  The
31.34 	plan must include measures for improving school district, school
31.35 	site, teacher, and individual student performance.
31.36 		Subd. 2.Plan components. The educational improvement
32.1 	plan must be approved by the school board and have at least
32.2 	these elements:
32.3 	(1) assessment and evaluation tools to measure student
32.4 	performance and progress;
32.5 	(2) performance goals and benchmarks for improvement;
32.6 	(3) measures of student attendance and completion rates;
32.7 	(4) a rigorous professional development system, consistent
32.8 	with section 122A.60,that is aligned with educational
32.9 	improvement, designed to achieve teaching quality improvement,
32.10 	and consistent with clearly defined research-based standards;
32.11 	(5) measures of student, family, and community involvement
32.12 	and satisfaction;
32.13 	(6) a data system about students and their academic
32.14 	progress that provides parents and the public with
32.15 	understandable information; and 
32.16 	(7) a teacher induction and mentoring program for
32.17 	probationary teachers that provides continuous learning and
32.18 	sustained teacher support.  The process for developing the plan
32.19 	must involve district teachers ; and 
32.20 	(8) substantial teacher participation in developing the
32.21 	plan, including teachers selected by the exclusive
32.22 	representative of the teachers.
32.23 		Subd. 3.School site accountability. A district that
32.24 	develops a plan under subdivisions 1 and 2 must ensure that each
32.25 	school site develops a board-approved educational improvement
32.26 	plan that is aligned with the district educational improvement
32.27 	plan under subdivision 2 and developed with teacher
32.28 	participation consistent with subdivision 2, clause (8).  While
32.29 	a site plan must be consistent with the district educational
32.30 	improvement plan, it may establish performance goals and
32.31 	benchmarks that meet or exceed those of the district. The
32.32 	process for developing the plan must involve site teachers.

32.33 	Sec. 35. [122A.4142] PRINCIPLED PAY PRACTICES FOR
32.34 	TEACHERS.
32.35 		Subdivision 1.Principled pay practices system. A school
32.36 	district and the exclusive representative of the teachers may
33.1 	adopt, by agreement, principled pay practices under subdivision
33.2 	2 to provide incentives to attract and retain high-quality
33.3 	teachers, encourage high-quality teachers to accept difficult
33.4 	assignments, encourage teachers to improve their knowledge and
33.5 	skills, and support teachers' roles in improving students'
33.6 	educational achievement.
33.7 		Subd. 2.Eligibility for principled pay practices
33.8 	aid. (a) To be eligible for principled pay practices aid, a
33.9 	school district must submit to the department:
33.10 	(1) a districtwide or site-based educational improvement
33.11 	plan as described in section 122A.413;
33.12 	(2) an executed collective bargaining agreement that
33.13 	contains at least the following elements:
33.14 	(i) a description of the conditions or actions necessary
33.15 	for career advancement and additional compensation;
33.16 	(ii) compensation provisions that base at least 60 percent
33.17 	of any increase in compensation on performance and not on years
33.18 	of service or the attainment of additional education or
33.19 	training;
33.20 	(iii) career advancement options for teachers retaining
33.21 	primary roles in student instruction and for other members of
33.22 	the bargaining unit;
33.23 	(iv) incentives for teachers' continuous improvement in
33.24 	content knowledge, pedagogy, and use of best practices;
33.25 	(v) an objective evaluation program, including classroom or
33.26 	performance observation, that is aligned with the district's or
33.27 	site's educational improvement plan, and is a component of
33.28 	determining performance;
33.29 	(vi) provisions preventing any teacher's compensation from
33.30 	being reduced as a result of implementing principled pay
33.31 	practices;
33.32 	(vii) provisions enabling any teacher in the district if
33.33 	the principled pay practices are applied districtwide, or at a
33.34 	site, if the practices apply only to a site, to participate in
33.35 	the principled pay practices without limitations by quota or
33.36 	other restrictions;
34.1 	(viii) provisions encouraging collaboration among teachers
34.2 	rather than competition; and 
34.3 	(ix) provisions for participation by all teachers in a
34.4 	district, all teachers at a site, or at least 25 percent of the
34.5 	teachers in a district.
34.6 	(b) An agreement may contain different compensation
34.7 	provisions for separate classifications of employees.
34.8 		Subd. 3.Commissioner approval. (a) Before concluding a
34.9 	collective bargaining agreement, a district may submit a
34.10 	proposed agreement and educational improvement plan for review,
34.11 	comment, and preliminary approval by the commissioner.  If the
34.12 	plan and agreement are executed in the same form as
34.13 	preliminarily approved by the commissioner, the plan and
34.14 	agreement must be approved without further review.
34.15 	(b) The application to the commissioner must contain a
34.16 	formally adopted collective bargaining agreement, memorandum of
34.17 	understanding, or other binding agreement that implements
34.18 	principled pay practices consistent with this section.
34.19 	(c) The commissioner's approval must be based on the
34.20 	requirements established in subdivision 2.  If the commissioner
34.21 	does not approve an application, the notice to the school
34.22 	district must provide details regarding the commissioner's
34.23 	reason for rejecting the application.
34.24 	(d) A school district that intends to apply for principled
34.25 	pay practices aid for the first time must notify the
34.26 	commissioner in writing by November 1 prior to the academic year
34.27 	for which they intend to seek aid.  The commissioner must
34.28 	approve initial applications for school districts qualifying
34.29 	under subdivision 4, paragraph (b), clause (1), by January 15 of
34.30 	each year.
34.31 		Subd. 4.Aid amount. (a) A school district that meets
34.32 	the conditions of this section, as approved by the commissioner,
34.33 	is eligible for principled pay practices aid.
34.34 	(b) Principled pay practices aid for a qualifying school
34.35 	district, site, or portion of a district or school site is as
34.36 	follows:
35.1 	(1) for a school district in which the school board and the
35.2 	exclusive representative of the teachers agree to place all
35.3 	teachers in the district or at the site in the principled pay
35.4 	practices system, aid equals $150 times the district's or the
35.5 	site's number of pupils enrolled on October 1 of the previous
35.6 	fiscal year; or 
35.7 	(2) for a district in which the school board and the
35.8 	exclusive representative of the teachers agree that at least 25
35.9 	percent of the district's licensed teachers will be paid under
35.10 	the principled pay practices system, aid equals $150 times the
35.11 	percentage of participating teachers times the district's number
35.12 	of pupils enrolled as of October 1 of the previous fiscal year.
35.13 		Subd. 5.Percentage of teachers. For purposes of
35.14 	subdivision 4, the percentage of teachers participating in the
35.15 	principled pay practices system equals the ratio of the number
35.16 	of licensed teachers who are working at least 60 percent of a
35.17 	full-time teacher's hours and agree to participate in the
35.18 	principled pay practices system to the total number of licensed
35.19 	teachers who are working at least 60 percent of a full-time
35.20 	teacher's hours.
35.21 		Subd. 6.Aid timing. Districts or sites with approved
35.22 	applications must receive principled pay practices aid for each
35.23 	school year that the district or site participates in the
35.24 	program.
35.25 		Subd. 7.Annual aid appropriation. The amount necessary
35.26 	for this purpose is appropriated annually from the general fund
35.27 	to the commissioner of education for principled pay practices
35.28 	aid under this section.
35.29 	
EFFECTIVE DATE. This section is effective for fiscal year
35.30 	2006 and thereafter.

35.31 	Sec. 36. [122A.4143] CLOSED CONTRACT.
35.32 	A district and the exclusive representative of the teachers
35.33 	may agree jointly to reopen a collective bargaining agreement
35.34 	for the sole purpose of entering into a principled pay practices
35.35 	system consistent with section 122A.4142 and an educational
35.36 	improvement plan under section 122A.413.

36.1 	Sec. 37. [122A.628] SCHOOLS MENTORING SCHOOLS REGIONAL
36.2 	SITES.
36.3 	The commissioner of education shall select up to four
36.4 	school districts, or partnerships of school districts, for the
36.5 	purpose of assisting other school districts in the region with
36.6 	the development of thorough and effective teacher mentoring
36.7 	programs.  The commissioner shall use geographic balance and
36.8 	proven teacher induction programs as criteria when selecting the
36.9 	sites.  One site must include the Brainerd teacher support
36.10 	system, which has been cited by the Minnesota Board of Teaching
36.11 	as a model program and was one of only six programs in the
36.12 	nation to be recognized for the 2004 NEA-Saturn/UAW partnership
36.13 	award.  The sites shall be known as schools mentoring schools
36.14 	regional sites.
36.15 	The sites shall provide high quality mentoring assistance
36.16 	programs and services to other nearby school districts for the
36.17 	development of effective systems of support for new teachers.
36.18 	The sites shall offer coaching/mentor training, in-class
36.19 	observation training, and train-the-teacher opportunities for
36.20 	teams of participating teachers.  The sites shall use their
36.21 	recognized experience and methods to equip schools to work with
36.22 	their own new and beginning teachers.  The commissioner shall
36.23 	review and report annually to the legislature on the operation
36.24 	of each training center.

36.25 	Sec. 38. Minnesota Statutes 2004, section 123B.02, is
36.26 	amended by adding a subdivision to read:
36.27 		Subd. 14a.Employee recognition. A school board may
36.28 	establish and operate an employee recognition program for
36.29 	district employees, including teachers, and may expend funds as
36.30 	necessary to achieve the objectives of the program.

36.31 	Sec. 39. Minnesota Statutes 2004, section 123B.02, is
36.32 	amended by adding a subdivision to read:
36.33 		Subd. 22.Rewards. A school board may offer a reward to
36.34 	persons who provide accurate and reliable information that leads
36.35 	to the apprehension and arrest of a person who has committed a
36.36 	crime against school district property, students, employees or
37.1 	volunteers, or school board members.
37.2 	
EFFECTIVE DATE. This section is effective the day
37.3 	following final enactment.

37.4 	Sec. 40. Minnesota Statutes 2004, section 124D.09,
37.5 	subdivision 12, is amended to read:
37.6 		Subd. 12.Credits.  A pupil may enroll in a course under
37.7 	this section for either secondary credit or postsecondary
37.8 	credit.  At the time a pupil enrolls in a course, the pupil
37.9 	shall designate whether the course is for secondary or
37.10 	postsecondary credit.  A pupil taking several courses may
37.11 	designate some for secondary credit and some for postsecondary
37.12 	credit.  A pupil must not audit a course under this section.
37.13 	A district shall grant academic credit to a pupil enrolled
37.14 	in a course for secondary credit if the pupil successfully
37.15 	completes the course.  Seven quarter or four semester college
37.16 	credits equal at least one full year of high school credit.
37.17 	Fewer college credits may be prorated.  A district must also
37.18 	grant academic credit to a pupil enrolled in a course for
37.19 	postsecondary credit if secondary credit is requested by a
37.20 	pupil.  If no comparable course is offered by the district, the
37.21 	district must, as soon as possible, notify the commissioner, who
37.22 	shall determine the number of credits that shall be granted to a
37.23 	pupil who successfully completes a course.  If a comparable
37.24 	course is offered by the district, the school board shall grant
37.25 	a comparable number of credits to the pupil.  If there is a
37.26 	dispute between the district and the pupil regarding the number
37.27 	of credits granted for a particular course, the pupil may appeal
37.28 	the board's decision to the commissioner.  The commissioner's
37.29 	decision regarding the number of credits shall be final.
37.30 	The secondary credits granted to a pupil must be counted
37.31 	toward the graduation requirements and subject area requirements
37.32 	of the district.  Evidence of successful completion of each
37.33 	course and secondary credits granted must be included in the
37.34 	pupil's secondary school record.  A pupil shall provide the
37.35 	school with a copy of the pupil's grade in each course taken for
37.36 	secondary credit under this section.  Upon the request of a
38.1 	pupil, the pupil's secondary school record must also include
38.2 	evidence of successful completion and credits granted for a
38.3 	course taken for postsecondary credit.  In either case, the
38.4 	record must indicate that the credits were earned at a
38.5 	postsecondary institution.
38.6 	If a pupil enrolls in a postsecondary institution after
38.7 	leaving secondary school, the postsecondary institution must
38.8 	award postsecondary credit for any course successfully completed
38.9 	for secondary credit at that institution.  Other postsecondary
38.10 	institutions may award, after a pupil leaves secondary school,
38.11 	postsecondary credit for any courses successfully completed
38.12 	under this section.  An institution may not charge a pupil for
38.13 	the award of credit.
38.14 	The Board of Trustees of the Minnesota State Colleges and
38.15 	Universities and the Board of Regents of the University of
38.16 	Minnesota must, and private nonprofit and proprietary
38.17 	postsecondary institutions should award postsecondary credit for
38.18 	any successfully completed courses in a program certified by the
38.19 	National Alliance of Concurrent Enrollment Partnership offered
38.20 	according to an agreement under section 124D.09, subdivision 10.

38.21 	Sec. 41. [124D.091] CONCURRENT ENROLLMENT PROGRAM AID.
38.22 		Subdivision 1.Eligibility. A district that offers a
38.23 	National Alliance of Concurrent Enrollment Partnership certified
38.24 	program according to an agreement under section 124D.09,
38.25 	subdivision 10, is eligible to receive aid to support the costs
38.26 	associated with providing postsecondary courses at the high
38.27 	school.
38.28 		Subd. 2.Aid. An eligible district shall receive $150
38.29 	per pupil enrolled in a course that is part of a program
38.30 	certified by the National Alliance of Concurrent Enrollment
38.31 	Partnership.  The money must be used to defray the cost of
38.32 	delivering the course at the high school.  The commissioner
38.33 	shall establish application procedures and deadlines for receipt
38.34 	of aid payments.

38.35 	Sec. 42. Minnesota Statutes 2004, section 124D.10,
38.36 	subdivision 3, is amended to read:
39.1 		Subd. 3.Sponsor.  (a) A school board; intermediate
39.2 	school district school board; education district organized under
39.3 	sections 123A.15 to 123A.19; charitable organization under
39.4 	section 501(c)(3) of the Internal Revenue Code of 1986 that is a
39.5 	member of the Minnesota Council of Nonprofits or the Minnesota
39.6 	Council on Foundations, registered with the attorney general's
39.7 	office, and reports an end-of-year fund balance of at least
39.8 	$2,000,000; Minnesota private college that grants two- or
39.9 	four-year degrees and is registered with the Higher Education
39.10 	Services Office under chapter 136A; community college, state
39.11 	university, or technical college, governed by the Board of
39.12 	Trustees of the Minnesota State Colleges and Universities; the
39.13 	Board of the Perpich Center for Arts Education under chapter
39.14 	129C;or the University of Minnesota may sponsor one or more
39.15 	charter schools.
39.16 	(b) A nonprofit corporation subject to chapter 317A,
39.17 	described in section 317A.905, and exempt from federal income
39.18 	tax under section 501(c)(6) of the Internal Revenue Code of
39.19 	1986, may sponsor one or more charter schools if the charter
39.20 	school has operated for at least three years under a different
39.21 	sponsor and if the nonprofit corporation has existed for at
39.22 	least 25 years.

39.23 	Sec. 43. Minnesota Statutes 2004, section 124D.11,
39.24 	subdivision 1, is amended to read:
39.25 		Subdivision 1.General education revenue.  (a) General
39.26 	education revenue must be paid to a charter school as though it
39.27 	were a district.  The general education revenue for each
39.28 	adjusted marginal cost pupil unit is the state average general
39.29 	education revenue per pupil unit, plus the referendum
39.30 	equalization aid allowance in the pupil's district of residence,
39.31 	minus an amount equal to the product of the formula allowance
39.32 	according to section 126C.10, subdivision 2, times .0485,
39.33 	calculated without basic skills revenue, extended time revenue,
39.34 	transition revenue,and transportation sparsity revenue, plus
39.35 	basic skills revenue, extended time revenue,and transition
39.36 	revenue as though the school were a school district. The
40.1 	general education revenue for each extended time marginal cost
40.2 	pupil unit equals $4,378.
40.3 	(b) Notwithstanding paragraph (a), for charter schools in
40.4 	the first year of operation, general education revenue shall be
40.5 	computed using the number of adjusted pupil units in the current
40.6 	fiscal year.

40.7 	Sec. 44. Minnesota Statutes 2004, section 124D.11,
40.8 	subdivision 6, is amended to read:
40.9 		Subd. 6.Other aid, grants, revenue.  (a) A charter
40.10 	school is eligible to receive other aids, grants, and revenue
40.11 	according to chapters 120A to 129C, as though it were a district.
40.12 	(b) Notwithstanding paragraph (a), a charter school may not
40.13 	receive aid, a grant, or revenue if a levy is required to obtain
40.14 	the money, or if the aid, grant, or revenue is a replacement of
40.15 	levy revenue,except as otherwise provided in this section.
40.16 	(c) Federal aid received by the state must be paid to the
40.17 	school, if it qualifies for the aid as though it were a school
40.18 	district.
40.19 	(d) A charter school may receive money from any source for
40.20 	capital facilities needs.  In the year-end report to the
40.21 	commissioner of education, the charter school shall report the
40.22 	total amount of funds received from grants and other outside
40.23 	sources.

40.24 	Sec. 45. Minnesota Statutes 2004, section 124D.66,
40.25 	subdivision 3, is amended to read:
40.26 		Subd. 3.Eligible services.  (a) Assurance of mastery
40.27 	programs may provide direct instructional services to an
40.28 	eligible pupil, or a group of eligible pupils, under the
40.29 	following conditions in paragraphs (b) to (d).
40.30 	(b) Instruction may be provided at one or more grade levels
40.31 	from kindergarten to grade 8 and for students in grades 9
40.32 	through 12 who were enrolled in grade 8 before the 2005-2006
40.33 	school year and have failed the basic skills tests, or were
40.34 	enrolled in grade 8 in the 2005-2006 school year and later and
40.35 	who have failed the Minnesota Comprehensive Assessments
40.36 	(MCA-IIs) in reading, mathematics, or writing as required for
41.1 	high school graduation under section 120B.02.  If an assessment
41.2 	of pupils' needs within a district demonstrates that the
41.3 	eligible pupils in grades kindergarten to grade 8 are being
41.4 	appropriately served, a district may serve eligible pupils in
41.5 	grades 9 to 12.
41.6 	(c) Instruction must be provided under the supervision of
41.7 	the eligible pupil's regular classroom teacher.  Instruction may
41.8 	be provided by the eligible pupil's classroom teacher, by
41.9 	another teacher, by a team of teachers, or by an education
41.10 	assistant or aide.  A special education teacher may provide
41.11 	instruction, but instruction that is provided under this section
41.12 	is not eligible for aid under section 125A.76.
41.13 	(d) The instruction that is provided must differ from the
41.14 	initial instruction the pupil received in the regular classroom
41.15 	setting.  The instruction may differ by presenting different
41.16 	curriculum than was initially presented in the regular classroom
41.17 	or by presenting the same curriculum:
41.18 	(1) at a different rate or in a different sequence than it
41.19 	was initially presented;
41.20 	(2) using different teaching methods or techniques than
41.21 	were used initially; or
41.22 	(3) using different instructional materials than were used
41.23 	initially.

41.24 	Sec. 46. Minnesota Statutes 2004, section 124D.74,
41.25 	subdivision 1, is amended to read:
41.26 		Subdivision 1.Program described.  American Indian
41.27 	education programs are programs in public elementary and
41.28 	secondary schools, nonsectarian nonpublic, community,
41.29 	tribal, charter,or alternative schools enrolling American
41.30 	Indian children designed to:
41.31 	(1) support postsecondary preparation for pupils;
41.32 	(2) support the academic achievement of American Indian
41.33 	students with identified focus to improve reading and mathematic
41.34 	skills;
41.35 	(3) make the curriculum more relevant to the needs,
41.36 	interests, and cultural heritage of American Indian pupils;
42.1 	(4) provide positive reinforcement of the self-image of
42.2 	American Indian pupils;
42.3 	(5) develop intercultural awareness among pupils, parents,
42.4 	and staff; and
42.5 	(6) supplement, not supplant, state and federal educational
42.6 	and cocurricular programs.
42.7 	Program components may include:  development of support
42.8 	components for students in the areas of academic achievement,
42.9 	retention, and attendance; development of support components for
42.10 	staff, including in-service training and technical assistance in
42.11 	methods of teaching American Indian pupils; research projects,
42.12 	including experimentation with and evaluation of methods of
42.13 	relating to American Indian pupils; provision of personal and
42.14 	vocational counseling to American Indian pupils; modification of
42.15 	curriculum, instructional methods, and administrative procedures
42.16 	to meet the needs of American Indian pupils; and supplemental
42.17 	instruction in American Indian language, literature, history,
42.18 	and culture.  Districts offering programs may make contracts for
42.19 	the provision of program components by establishing cooperative
42.20 	liaisons with tribal programs and American Indian social service
42.21 	agencies.  These programs may also be provided as components of
42.22 	early childhood and family education programs.

42.23 	Sec. 47. Minnesota Statutes 2004, section 124D.81,
42.24 	subdivision 1, is amended to read:
42.25 		Subdivision 1.Grants; procedures.  Each fiscal year the
42.26 	commissioner of education must make grants to no fewer than six
42.27 	American Indian education programs.  At least three programs
42.28 	must be in urban areas and at least three must be on or near
42.29 	reservations.  The board of a local district, a participating
42.30 	school or a group of boards may develop a proposal for grants in
42.31 	support of American Indian education programs.  Proposals may
42.32 	provide for contracts for the provision of program components by
42.33 	nonsectarian nonpublic, community, tribal, charter,or
42.34 	alternative schools.  The commissioner shall prescribe the form
42.35 	and manner of application for grants, and no grant shall be made
42.36 	for a proposal not complying with the requirements of sections
43.1 	124D.71 to 124D.82. The commissioner must submit all proposals
43.2 	to the state Advisory Committee on American Indian Education
43.3 	Programs for its recommendations concerning approval,
43.4 	modification, or disapproval and the amounts of grants to
43.5 	approved programs.

43.6 	Sec. 48. Minnesota Statutes 2004, section 124D.84,
43.7 	subdivision 1, is amended to read:
43.8 		Subdivision 1.Awards.  The commissioner, with the advice
43.9 	and counsel of the Minnesota Indian Education Committee,may
43.10 	award scholarships to any Minnesota resident student who is of
43.11 	one-fourth or more Indian ancestry, who has applied for other
43.12 	existing state and federal scholarship and grant programs, and
43.13 	who, in the opinion of the commissioner, has the capabilities to
43.14 	benefit from further education.  Scholarships must be for
43.15 	accredited degree programs in accredited Minnesota colleges or
43.16 	universities or for courses in accredited Minnesota business,
43.17 	technical, or vocational schools.  Scholarships may also be
43.18 	given to students attending Minnesota colleges that are in
43.19 	candidacy status for obtaining full accreditation, and are
43.20 	eligible for and receiving federal financial aid programs.
43.21 	Students are also eligible for scholarships when enrolled as
43.22 	students in Minnesota higher education institutions that have
43.23 	joint programs with other accredited higher education
43.24 	institutions.  Scholarships shall be used to defray the total
43.25 	cost of education including tuition, incidental fees, books,
43.26 	supplies, transportation, other related school costs and the
43.27 	cost of board and room and shall be paid directly to the college
43.28 	or school concerned where the student receives federal financial
43.29 	aid.  The total cost of education includes all tuition and fees
43.30 	for each student enrolling in a public institution and the
43.31 	portion of tuition and fees for each student enrolling in a
43.32 	private institution that does not exceed the tuition and fees at
43.33 	a comparable public institution.  Each student shall be awarded
43.34 	a scholarship based on the total cost of the student's education
43.35 	and a federal standardized need analysis.  Applicants are
43.36 	encouraged to apply for all other sources of financial aid. The
44.1 	amount and type of each scholarship shall be determined through
44.2 	the advice and counsel of the Minnesota Indian education
44.3 	committee.
44.4 	When an Indian student satisfactorily completes the work
44.5 	required by a certain college or school in a school year the
44.6 	student is eligible for additional scholarships, if additional
44.7 	training is necessary to reach the student's educational and
44.8 	vocational objective.  Scholarships may not be given to any
44.9 	Indian student for more than five years of study without special
44.10 	recommendation of the Minnesota Indian Education Committee.

44.11 	Sec. 49. Minnesota Statutes 2004, section 126C.10,
44.12 	subdivision 1, is amended to read:
44.13 		Subdivision 1.General education revenue.  (a) For fiscal
44.14 	year 2003, the general education revenue for each district
44.15 	equals the sum of the district's basic revenue, basic skills
44.16 	revenue, training and experience revenue, secondary sparsity
44.17 	revenue, elementary sparsity revenue, transportation sparsity
44.18 	revenue, total operating capital revenue, and equity revenue.
44.19 	(b) For fiscal year 2004 and later, the general education
44.20 	revenue for each district equals the sum of the district's basic
44.21 	revenue, extended time revenue, basic skills revenue, gifted and
44.22 	talented revenue,training and experience revenue, secondary
44.23 	sparsity revenue, elementary sparsity revenue, transportation
44.24 	sparsity revenue, total operating capital revenue, equity
44.25 	revenue, and transition revenue.
44.26 	
EFFECTIVE DATE. This section is effective for revenue for
44.27 	fiscal year 2006 and later.

44.28 	Sec. 50. Minnesota Statutes 2004, section 126C.10, is
44.29 	amended by adding a subdivision to read:
44.30 		Subd. 2b.Gifted and talented revenue. Gifted and
44.31 	talented revenue for each district equals $10 times the
44.32 	district's adjusted marginal cost pupil units.  A school
44.33 	district must reserve gifted and talented revenue and,
44.34 	consistent with section 120B.15, must spend the revenue only to:
44.35 	(1) identify gifted and talented students;
44.36 	(2) provide education programs for gifted and talented
45.1 	students; or 
45.2 	(3) provide staff development to prepare teachers to best
45.3 	meet the unique needs of gifted and talented students.
45.4 	
EFFECTIVE DATE. This section is effective for revenue for
45.5 	fiscal year 2006 and later.

45.6 	Sec. 51. [127A.095] IMPLEMENTATION OF NO CHILD LEFT
45.7 	BEHIND ACT.
45.8 		Subdivision 1.Continued implementation. The Department
45.9 	of Education shall continue to implement the federal No Child
45.10 	Left Behind Act, Public Law 107-110, without interruption until
45.11 	June 30, 2006.
45.12 		Subd. 2.No child left behind nullification. (a) The
45.13 	consolidated state plan submitted by the state to the federal
45.14 	Department of Education on implementing the No Child Left Behind
45.15 	Act, Public Law 107-110, and any other Minnesota state contract
45.16 	or agreement under the provisions of the No Child Left Behind
45.17 	Act, shall be nullified and revoked by the commissioner of
45.18 	education on July 1, 2006.
45.19 	(b) The commissioner shall report to the education funding
45.20 	divisions and the education policy committees of the house of
45.21 	representatives and the senate by April 1, 2006, whether the
45.22 	following conditions have been met:
45.23 	(1) the Department of Education has received approval from
45.24 	the federal Department of Education to allow the state to
45.25 	develop a plan using multiple measures including value-added
45.26 	measurement of student achievement in addition to relying on
45.27 	standardized test results to evaluate school and student
45.28 	performance for the purpose of determining adequate yearly
45.29 	progress;
45.30 	(2) the Department of Education has received approval from
45.31 	the federal Department of Education to allow the state to
45.32 	average three years of data for the purposes of identifying a
45.33 	school for improvement;
45.34 	(3) the Department of Education has developed a plan and
45.35 	model legislation to ensure that if an adequate yearly progress
45.36 	determination was made in error, that the error will not
46.1 	adversely affect the school's or school district's sanction
46.2 	status in subsequent years.  The Department of Education must
46.3 	have a policy in place to correct errors to accountability
46.4 	reports;
46.5 	(4) the Department of Education has reported the additional
46.6 	costs for state fiscal years 2006 to 2009 that the No Child Left
46.7 	Behind Act imposes on the state, the state's school districts,
46.8 	and charter schools that are in excess of costs associated with
46.9 	the Improving America's Schools Act of 1994, Public Law 103-382;
46.10 	(5) the Department of Education has received approval from
46.11 	the federal Department of Education to allow the state to use No
46.12 	Child Left Behind money to provide supplemental education
46.13 	services only in the academic subject area that causes a school
46.14 	to miss adequate yearly progress;
46.15 	(6) the Department of Education has received approval from
46.16 	the federal Department of Education to exclude from sanctions
46.17 	schools that have not made adequate yearly progress solely due
46.18 	to a subgroup of students with disabilities not testing at a
46.19 	proficient level;
46.20 	(7) the Department of Education has received approval from
46.21 	the federal Department of Education to exclude from sanctions a
46.22 	school that is classified as not having made adequate yearly
46.23 	progress solely due to different subgroups testing below
46.24 	proficient levels for at least two consecutive years;
46.25 	(8) the Department of Education has received approval from
46.26 	the federal Department of Education to identify a school as not
46.27 	making adequate yearly progress only after missing the adequate
46.28 	yearly progress targets in the same subject and subgroup for two
46.29 	consecutive years;
46.30 	(9) the Department of Education has received approval from
46.31 	the federal Department of Education to identify a district as in
46.32 	need of improvement only after missing the adequate yearly
46.33 	progress target in the same subject across multiple grade spans
46.34 	for two consecutive years;
46.35 	(10) the Department of Education has received approval from
46.36 	the federal Department of Education to limit the score of a
47.1 	student within multiple subgroups to the one subgroup that is
47.2 	the smallest subgroup in which that student is a part of when
47.3 	calculating adequate yearly progress;
47.4 	(11) the Department of Education has implemented a uniform
47.5 	financial reporting system for school districts to report costs
47.6 	related to implementing No Child Left Behind Act requirements,
47.7 	including the costs of complying with sanctions;
47.8 	(12) the Department of Education has received approval from
47.9 	the federal Department of Education to determine the percentage
47.10 	of the special education students that would be best educated
47.11 	based on out-of-level standards and tested accordingly based on
47.12 	an individual education plan; and 
47.13 	(13) the Department of Education has received approval from
47.14 	the federal Department of Education to determine when to hold
47.15 	schools accountable for including a student with limited English
47.16 	proficiency in adequate yearly progress calculations.
47.17 	(c) The state's continued implementation of the No Child
47.18 	Left Behind Act shall be discontinued effective July 1, 2006,
47.19 	unless the legislature passes a law during the 2006 regular
47.20 	legislative session establishing the legislature's satisfaction
47.21 	that the requirements under paragraph (b) have been met.
47.22 		Subd. 3.Department of finance certification. If the
47.23 	legislature does not pass a law authorizing continued
47.24 	implementation of the No Child Left Behind Act under subdivision
47.25 	2, paragraph (c), the commissioner of finance shall certify and
47.26 	report to the legislature beginning January 1, 2007, and each
47.27 	year thereafter the amount of federal revenue, if any, that has
47.28 	been withheld by the federal government as a result of the
47.29 	state's discontinued implementation of the No Child Left Behind
47.30 	Act.  The report shall also specify the intended purpose of the
47.31 	federal revenue and the amount of revenue withheld from the
47.32 	state, each school district, and each charter school in each
47.33 	fiscal year.
47.34 		Subd. 4.Annual contingent appropriation. For fiscal
47.35 	year 2007 and thereafter, an amount equal to the federal revenue
47.36 	withheld in the same fiscal year as a result of the state's
48.1 	discontinued implementation of the No Child Left Behind Act, as
48.2 	certified by the commissioner of finance under subdivision 3, is
48.3 	appropriated from the general fund to the commissioner of
48.4 	education.  The commissioner of education shall allocate the
48.5 	appropriation under this section according to the report from
48.6 	the commissioner of finance in subdivision 3.
48.7 	
EFFECTIVE DATE. This section is effective the day
48.8 	following final enactment.

48.9 	Sec. 52. [129C.105] BOARD MEETINGS BY TELEPHONE OR OTHER
48.10 	ELECTRONIC MEANS.
48.11 	(a) Notwithstanding section 13D.01 and if complying with
48.12 	section 13D.02 is impractical, the board for the Perpich Center
48.13 	for Arts Education may conduct a meeting of its members by
48.14 	telephone or other electronic means so long as the following
48.15 	conditions are met:
48.16 	(1) all members of the board participating in the meeting,
48.17 	wherever their physical location, can hear one another and all
48.18 	discussion and testimony;
48.19 	(2) members of the public present at the regular meeting
48.20 	location of the board can hear all discussion and testimony and
48.21 	all votes of members of the board;
48.22 	(3) at least one member of the board is physically present
48.23 	at the regular meeting location; and 
48.24 	(4) all votes are conducted by roll call, so each member's
48.25 	vote on each issue can be identified and recorded.
48.26 	(b) Each member of the board participating in a meeting by
48.27 	telephone or other electronic means is considered present at the
48.28 	meeting for purposes of determining a quorum and participating
48.29 	in all proceedings.
48.30 	(c) If telephone or other electronic means is used to
48.31 	conduct a meeting, the board, to the extent practical, shall
48.32 	allow a person to monitor the meeting electronically from a
48.33 	remote location.  The board may require the person making such a
48.34 	connection to pay for documented marginal costs that the board
48.35 	incurs as a result of the additional connection.
48.36 	(d) If telephone or other electronic means is used to
49.1 	conduct a regular, special, or emergency meeting, the board
49.2 	shall provide notice of the regular meeting location, of the
49.3 	fact that some members may participate by telephone or other
49.4 	electronic means, and of the provisions of paragraph (c).  The
49.5 	timing and method of providing notice is governed by section
49.6 	13D.04.

49.7 	EFFECTIVE DATE. This section is effective the day
49.8 	following final enactment.

49.9 	Sec. 53. Minnesota Statutes 2004, section 179A.03,
49.10 	subdivision 14, is amended to read:
49.11 		Subd. 14.Public employee or employee.  "Public employee"
49.12 	or "employee" means any person appointed or employed by a public
49.13 	employer except:
49.14 	(a) elected public officials;
49.15 	(b) election officers;
49.16 	(c) commissioned or enlisted personnel of the Minnesota
49.17 	National Guard;
49.18 	(d) emergency employees who are employed for emergency work
49.19 	caused by natural disaster;
49.20 	(e) part-time employees whose service does not exceed the
49.21 	lesser of 14 hours per week or 35 percent of the normal work
49.22 	week in the employee's appropriate unit;
49.23 	(f) employees whose positions are basically temporary or
49.24 	seasonal in character and:  (1) are not for more than 67 working
49.25 	days in any calendar year; or (2) are not for more than 100
49.26 	working days in any calendar year and the employees are under
49.27 	the age of 22, are full-time students enrolled in a nonprofit or
49.28 	public educational institution prior to being hired by the
49.29 	employer, and have indicated, either in an application for
49.30 	employment or by being enrolled at an educational institution
49.31 	for the next academic year or term, an intention to continue as
49.32 	students during or after their temporary employment;
49.33 	(g) employees providing services for not more than two
49.34 	consecutive quarters to the Board of Trustees of the Minnesota
49.35 	State Colleges and Universities under the terms of a
49.36 	professional or technical services contract as defined in
50.1 	section 16C.08, subdivision 1;
50.2 	(h) employees of charitable hospitals as defined by section
50.3 	179.35, subdivision 3;
50.4 	(i) full-time undergraduate students employed by the school
50.5 	which they attend under a work-study program or in connection
50.6 	with the receipt of financial aid, irrespective of number of
50.7 	hours of service per week;
50.8 	(j) an individual who is employed for less than 300 hours
50.9 	in a fiscal year as an instructor in an adult vocational
50.10 	education program;
50.11 	(k) an individual hired by the Board of Trustees of the
50.12 	Minnesota State Colleges and Universities to teach one course
50.13 	for three or fewer credits for one semester in a year;
50.14 	(l) with respect to court employees:
50.15 	(1) personal secretaries to judges;
50.16 	(2) law clerks;
50.17 	(3) managerial employees;
50.18 	(4) confidential employees; and
50.19 	(5) supervisory employees.
50.20 	The following individuals are public employees regardless
50.21 	of the exclusions of clauses (e) and (f):
50.22 	(i) an employee hired by a school district or the Board of
50.23 	Trustees of the Minnesota State Colleges and Universities except
50.24 	at the university established in section 136F.13 or for
50.25 	community services or community education instruction offered on
50.26 	a noncredit basis:  (A) to replace an absent teacher or faculty
50.27 	member who is a public employee, where the replacement employee
50.28 	is employed more than 30 working days as a replacement for that
50.29 	teacher or faculty member; or (B) to take a teaching position
50.30 	created due to increased enrollment, curriculum expansion,
50.31 	courses which are a part of the curriculum whether offered
50.32 	annually or not, or other appropriate reasons; and 
50.33 	(ii) an employee hired for a position under clause (f)(1)
50.34 	if that same position has already been filled under clause
50.35 	(f)(1) in the same calendar year and the cumulative number of
50.36 	days worked in that same position by all employees exceeds 67
51.1 	calendar days in that year.  For the purpose of this paragraph,
51.2 	"same position" includes a substantially equivalent position if
51.3 	it is not the same position solely due to a change in the
51.4 	classification or title of the position; and 
51.5 	(iii) an early childhood family education teacher employed
51.6 	by a school district.
51.7 	
EFFECTIVE DATE. This section is effective July 1, 2005.

51.8 	Sec. 54. Minnesota Statutes 2004, section 260C.201,
51.9 	subdivision 1, is amended to read:
51.10 		Subdivision 1.Dispositions.  (a) If the court finds that
51.11 	the child is in need of protection or services or neglected and
51.12 	in foster care, it shall enter an order making any of the
51.13 	following dispositions of the case:
51.14 	(1) place the child under the protective supervision of the
51.15 	responsible social services agency or child-placing agency in
51.16 	the home of a parent of the child under conditions prescribed by
51.17 	the court directed to the correction of the child's need for
51.18 	protection or services:
51.19 	(i) the court may order the child into the home of a parent
51.20 	who does not otherwise have legal custody of the child, however,
51.21 	an order under this section does not confer legal custody on
51.22 	that parent;
51.23 	(ii) if the court orders the child into the home of a
51.24 	father who is not adjudicated, he must cooperate with paternity
51.25 	establishment proceedings regarding the child in the appropriate
51.26 	jurisdiction as one of the conditions prescribed by the court
51.27 	for the child to continue in his home;
51.28 	(iii) the court may order the child into the home of a
51.29 	noncustodial parent with conditions and may also order both the
51.30 	noncustodial and the custodial parent to comply with the
51.31 	requirements of a case plan under subdivision 2; or
51.32 	(2) transfer legal custody to one of the following:
51.33 	(i) a child-placing agency; or
51.34 	(ii) the responsible social services agency.  In placing a
51.35 	child whose custody has been transferred under this paragraph,
51.36 	the agencies shall make an individualized determination of how
52.1 	the placement is in the child's best interests using the
52.2 	consideration for relatives and the best interest factors in
52.3 	section 260C.212, subdivision 2, paragraph (b); or
52.4 	(3) if the child has been adjudicated as a child in need of
52.5 	protection or services because the child is in need of special
52.6 	services or care to treat or ameliorate a physical or mental
52.7 	disability, the court may order the child's parent, guardian, or
52.8 	custodian to provide it.  The court may order the child's health
52.9 	plan company to provide mental health services to the child.
52.10 	Section 62Q.535 applies to an order for mental health services
52.11 	directed to the child's health plan company.  If the health
52.12 	plan, parent, guardian, or custodian fails or is unable to
52.13 	provide this treatment or care, the court may order it
52.14 	provided.  Absent specific written findings by the court that
52.15 	the child's disability is the result of abuse or neglect by the
52.16 	child's parent or guardian, the court shall not transfer legal
52.17 	custody of the child for the purpose of obtaining special
52.18 	treatment or care solely because the parent is unable to provide
52.19 	the treatment or care.  If the court's order for mental health
52.20 	treatment is based on a diagnosis made by a treatment
52.21 	professional, the court may order that the diagnosing
52.22 	professional not provide the treatment to the child if it finds
52.23 	that such an order is in the child's best interests; or
52.24 	(4) if the court believes that the child has sufficient
52.25 	maturity and judgment and that it is in the best interests of
52.26 	the child, the court may order a child 16 years old or older to
52.27 	be allowed to live independently, either alone or with others as
52.28 	approved by the court under supervision the court considers
52.29 	appropriate, if the county board, after consultation with the
52.30 	court, has specifically authorized this dispositional
52.31 	alternative for a child.
52.32 	(b) If the child was adjudicated in need of protection or
52.33 	services because the child is a runaway or habitual truant, the
52.34 	court may order any of the following dispositions in addition to
52.35 	or as alternatives to the dispositions authorized under
52.36 	paragraph (a):
53.1 	(1) counsel the child or the child's parents, guardian, or
53.2 	custodian;
53.3 	(2) place the child under the supervision of a probation
53.4 	officer or other suitable person in the child's own home under
53.5 	conditions prescribed by the court, including reasonable rules
53.6 	for the child's conduct and the conduct of the parents,
53.7 	guardian, or custodian, designed for the physical, mental, and
53.8 	moral well-being and behavior of the child; or with the consent
53.9 	of the commissioner of corrections, place the child in a group
53.10 	foster care facility which is under the commissioner's
53.11 	management and supervision;
53.12 	(3) subject to the court's supervision, transfer legal
53.13 	custody of the child to one of the following:
53.14 	(i) a reputable person of good moral character.  No person
53.15 	may receive custody of two or more unrelated children unless
53.16 	licensed to operate a residential program under sections 245A.01
53.17 	to 245A.16; or
53.18 	(ii) a county probation officer for placement in a group
53.19 	foster home established under the direction of the juvenile
53.20 	court and licensed pursuant to section 241.021;
53.21 	(4) require the child to pay a fine of up to $100.  The
53.22 	court shall order payment of the fine in a manner that will not
53.23 	impose undue financial hardship upon the child;
53.24 	(5) require the child to participate in a community service
53.25 	project;
53.26 	(6) order the child to undergo a chemical dependency
53.27 	evaluation and, if warranted by the evaluation, order
53.28 	participation by the child in a drug awareness program or an
53.29 	inpatient or outpatient chemical dependency treatment program;
53.30 	(7) if the court believes that it is in the best interests
53.31 	of the child and or of public safety that the child's driver's
53.32 	license or instruction permit be canceled, the court may order
53.33 	the commissioner of public safety to cancel the child's license
53.34 	or permit for any period up to the child's 18th birthday.  If
53.35 	the child does not have a driver's license or permit, the court
53.36 	may order a denial of driving privileges for any period up to
54.1 	the child's 18th birthday.  The court shall forward an order
54.2 	issued under this clause to the commissioner, who shall cancel
54.3 	the license or permit or deny driving privileges without a
54.4 	hearing for the period specified by the court.  At any time
54.5 	before the expiration of the period of cancellation or denial,
54.6 	the court may, for good cause, order the commissioner of public
54.7 	safety to allow the child to apply for a license or permit, and
54.8 	the commissioner shall so authorize;
54.9 	(8) order that the child's parent or legal guardian deliver
54.10 	the child to school at the beginning of each school day for a
54.11 	period of time specified by the court; or
54.12 	(9) require the child to perform any other activities or
54.13 	participate in any other treatment programs deemed appropriate
54.14 	by the court.
54.15 	To the extent practicable, the court shall enter a
54.16 	disposition order the same day it makes a finding that a child
54.17 	is in need of protection or services or neglected and in foster
54.18 	care, but in no event more than 15 days after the finding unless
54.19 	the court finds that the best interests of the child will be
54.20 	served by granting a delay.  If the child was under eight years
54.21 	of age at the time the petition was filed, the disposition order
54.22 	must be entered within ten days of the finding and the court may
54.23 	not grant a delay unless good cause is shown and the court finds
54.24 	the best interests of the child will be served by the delay.
54.25 	(c) If a child who is 14 years of age or older is
54.26 	adjudicated in need of protection or services because the child
54.27 	is a habitual truant and truancy procedures involving the child
54.28 	were previously dealt with by a school attendance review board
54.29 	or county attorney mediation program under section 260A.06 or
54.30 	260A.07, the court shall order a cancellation or denial of
54.31 	driving privileges under paragraph (b), clause (7), for any
54.32 	period up to the child's 18th birthday.
54.33 	(d) In the case of a child adjudicated in need of
54.34 	protection or services because the child has committed domestic
54.35 	abuse and been ordered excluded from the child's parent's home,
54.36 	the court shall dismiss jurisdiction if the court, at any time,
55.1 	finds the parent is able or willing to provide an alternative
55.2 	safe living arrangement for the child, as defined in Laws 1997,
55.3 	chapter 239, article 10, section 2.
55.4 	(e) When a parent has complied with a case plan ordered
55.5 	under subdivision 6 and the child is in the care of the parent,
55.6 	the court may order the responsible social services agency to
55.7 	monitor the parent's continued ability to maintain the child
55.8 	safely in the home under such terms and conditions as the court
55.9 	determines appropriate under the circumstances.

55.10 	Sec. 55. CONCURRENT ENROLLMENT MATHEMATICS AND SCIENCE
55.11 	PARTNERSHIP PROGRAM.
 55.12 		Subdivision 1.Grants. The commissioner of education
55.13 	shall award grants to partnerships between one or more
55.14 	postsecondary institutions and one or more school districts to
55.15 	expand mathematics and science courses offered in the high
55.16 	school and enhance staff development.  The courses must be
55.17 	offered at the high school under an agreement between the
55.18 	governing board of an eligible public postsecondary system or an
55.19 	eligible private institution and a public school board, as
55.20 	described in Minnesota Statutes, section 124D.09, subdivision
55.21 	10.  Each partnership must include at least one postsecondary
55.22 	institution and one school district.  The grants must be awarded
55.23 	to collaborative efforts that:
55.24 	(1) increase the number of postsecondary-level mathematics
55.25 	and science courses provided to high school students at the
55.26 	student's high school; and 
55.27 	(2) develop or enhance the staff training and ongoing
55.28 	support services provided by postsecondary faculty to high
55.29 	school teachers teaching college in the school's agreement
55.30 	courses in the high school.
55.31 		Subd. 2.Accreditation. To establish a uniform standard
55.32 	by which courses and professional development activities may be
55.33 	measured, postsecondary institutions applying for a grant under
55.34 	this section are encouraged to apply for accreditation by the
55.35 	National Alliance of Concurrent Enrollment Partnerships.
55.36 		Subd. 3.Application process. The commissioner of
56.1 	education shall develop the process by which a partnership must
56.2 	apply for a grant.  The P-16 Education Partnership shall review
56.3 	and comment on the grant applications and make recommendations
56.4 	to the commissioner regarding the partnerships that should be
56.5 	funded.  In selecting projects for funding, the commissioner
56.6 	must ensure that there is a balance in the number of mathematics
56.7 	and science courses offered as part of this initiative.
56.8 		Subd. 4.Criteria. The application for grant money under
56.9 	this section must include, at a minimum, the following
56.10 	information:
56.11 	(1) specification of the goals to be achieved through the
56.12 	delivery of courses and faculty staff development and support
56.13 	activities;
56.14 	(2) a description of the courses to be offered at the high
56.15 	schools and the initial and ongoing training and support that
56.16 	will be provided to high school faculty teaching courses under
56.17 	this program;
56.18 	(3) a description of the eligibility requirements for
56.19 	students participating in the program and the number of students
56.20 	that will be served;
56.21 	(4) a description of the curriculum enhancements and
56.22 	efficiencies to be achieved in the delivery of instruction
56.23 	through the partnership;
56.24 	(5) a description of how the goals established for the
56.25 	course delivery and faculty staff development and support
56.26 	activities will be evaluated to determine if the goals of the
56.27 	partnership were met; and 
56.28 	(6) other information as identified by the commissioner.

56.29 	Sec. 56. COLLEGE PREPARATION STANDARDS.
 56.30 	(a) The Higher Education Advisory Council must convene a
56.31 	working group to develop standards describing the skills and
56.32 	knowledge a high school graduate must have at entry into
56.33 	postsecondary education in order to successfully graduate from
56.34 	college.  The standards must, to the extent possible, be
56.35 	applicable for all postsecondary education but may describe
56.36 	differences in the skills and knowledge necessary for success in
57.1 	different higher education institutions and programs.  The
57.2 	standards need not be comprehensive but must, at a minimum, be
57.3 	the essential skills and knowledge that will enable a student to
57.4 	succeed in college.  The Higher Education Services Office must
57.5 	provide staff for the working group.
57.6 	(b) The Higher Education Advisory Council must submit the
57.7 	standards to the commissioner of education no later than January
57.8 	15, 2006.  No later than March 15, 2006, the commissioner of
57.9 	education must report, to the chairs of the legislative
57.10 	committees with jurisdiction over kindergarten through grade 12
57.11 	education policy and finance and higher education policy and
57.12 	finance, its recommendations regarding the changes, if any, that
57.13 	must be made in Minnesota's academic standards in order to
57.14 	ensure that Minnesota high school graduates meet the college
57.15 	readiness standards established by the Higher Education Advisory
57.16 	Council.
57.17 	(c) The Higher Education Advisory Council must invite the
57.18 	University of Minnesota, Minnesota State Colleges and
57.19 	Universities, representatives of private colleges, and other
57.20 	private postsecondary institutions, to participate in the
57.21 	working group and may invite other individuals or entities to
57.22 	participate.  The Higher Education Advisory Council and its
57.23 	working group may collaborate with the Minnesota P-16 Education
57.24 	Partnership in developing the college readiness standards.

57.25 	Sec. 57. MINNESOTA COMPREHENSIVE ASSESSMENTS; RULES.
 57.26 	The commissioner of education shall adopt rules on or
57.27 	before January 1, 2005, to implement the Minnesota Comprehensive
57.28 	Assessments Second Edition (MCA-IIs) in reading, mathematics,
57.29 	and writing.  For purposes of state and local high school
57.30 	graduation requirements, the rules must include criteria
57.31 	enabling school districts to:
57.32 	(1) appropriately accommodate a student who fails but seeks
57.33 	to pass the Minnesota Comprehensive Assessments Second Edition;
57.34 	and 
57.35 	(2) exempt a disabled student, consistent with the
57.36 	student's individualized education plan, or an English language
58.1 	learner from the Minnesota Comprehensive Assessments Second
58.2 	Edition or administer an alternative assessment either to a
58.3 	disabled student, consistent with the student's individualized
58.4 	education plan, or to an English language learner.

58.5 	Sec. 58. HEALTH AND PHYSICAL EDUCATION MODEL BENCHMARKS.
 58.6 	By July 1, 2006, the commissioner of education must
58.7 	transmit to school districts model kindergarten through grade 12
58.8 	health and physical education benchmarks developed by the
58.9 	department's health and physical education quality teaching
58.10 	network.

58.11 	Sec. 59. RULES FOR SUPPLEMENTAL SERVICE PROVIDERS.
 58.12 	The commissioner of education must amend Minnesota Rules,
58.13 	part 3512.5400, relating to supplemental service providers to
58.14 	include outcome standards.  The commissioner must include in the
58.15 	amended rules criteria to remove an education service provider
58.16 	from the listing of approved service providers if they fail to
58.17 	meet the outcome standards.

58.18 	Sec. 60. EVALUATING THE EDUCATIONAL IMPACT OF FEDERAL AND
58.19 	STATE TESTS ON KINDERGARTEN THROUGH GRADE 12 STUDENTS.
 58.20 	(a) The Office of Educational Accountability under
58.21 	Minnesota Statutes, section 120B.31, subdivision 3, must
58.22 	evaluate the educational impact of the federal No Child Left
58.23 	Behind Act and other state and federal laws requiring school
58.24 	districts to administer tests to kindergarten through grade 12
58.25 	students.  The evaluation at least must address:
58.26 	(1) potential educational costs to kindergarten through
58.27 	grade 12 public school students through the 2013-2014 school
58.28 	year of complying with testing requirements;
58.29 	(2) educational factors that may increase or decrease the
58.30 	educational costs identified under clause (1);
58.31 	(3) the impact of testing requirements on the statewide
58.32 	accountability system, teacher training and employment, and
58.33 	curriculum development; and 
58.34 	(4) the relationship between the testing requirements,
58.35 	postsecondary entrance requirements and the expectations of the
58.36 	business community regarding the educational preparation of new
59.1 	high school graduates seeking employment.
59.2 	The Office of Educational Accountability, at its
59.3 	discretion, may include additional areas for evaluation.
59.4 	(b) In preparing this evaluation, the Office of Educational
59.5 	Accountability must select a sample of school districts to
59.6 	explore in depth the areas listed in paragraph (a).  The school
59.7 	districts must be of varying sizes and geographical locations,
59.8 	and must include some districts with schools designated by the
59.9 	state Department of Education as "needing improvement" under the
59.10 	No Child Left Behind Act.  The Office of Educational
59.11 	Accountability must contact school officials, employees of
59.12 	postsecondary institutions, and representatives of business
59.13 	communities from throughout the state to collect information and
59.14 	perceptions related to the evaluation.  State and local entities
59.15 	must cooperate with and assist the Office of Educational
59.16 	Accountability with this evaluation at the request of the Office
59.17 	of Educational Accountability.
59.18 	(c) The Office of Educational Accountability must submit
59.19 	the evaluation in writing to the chairs of the legislative
59.20 	committees in the house and senate charged with oversight of
59.21 	kindergarten through grade 12 education policy and finance by
59.22 	February 15, 2006.

59.23 	EFFECTIVE DATE. This section is effective the day
59.24 	following final enactment.

59.25 	Sec. 61. MODEL POLICY; INTIMIDATION AND BULLYING.
 59.26 	The commissioner of education shall work with the Minnesota
59.27 	School Boards Association to develop a model policy that
59.28 	prohibits intimidating and bullying as required in Minnesota
59.29 	Statutes, section 121A.0695, subdivision 2.

59.30 	Sec. 62. LICENSED STUDENT SUPPORT SERVICES.
 59.31 		Subdivision 1.Access to services. School districts and
59.32 	the Department of Education shall work to provide for students'
59.33 	educational achievement, to provide for student safety, and to
59.34 	enhance student physical, emotional, and social well-being by
59.35 	providing access to licensed student support services, such as
59.36 	licensed school nurses, licensed school counselors, licensed
60.1 	school social workers, and licensed school psychologists.
60.2 		Subd. 2.Funding. Districts and the department shall
60.3 	explore opportunities for obtaining additional funds to improve
60.4 	students' access to needed licensed student support services
60.5 	including, but not limited to, medical assistance
60.6 	reimbursements, local collaborative time study funds, federal
60.7 	funds, public health funds, and specifically designated funds.
60.8 		Subd. 3.Improving access. Districts and the department
60.9 	must consider nationally recommended licensed staff-to-student
60.10 	ratios, work loads, and best practices when working to improve
60.11 	student access to needed licensed student support services.

60.12 	Sec. 63. BOARD OF TEACHING REPORT.
 60.13 	By January 16, 2006, the Board of Teaching, in consultation
60.14 	with the Department of Education and other education
60.15 	stakeholders, must prepare and submit to the education
60.16 	committees of the legislature proposed licensure requirements
60.17 	for teachers of interdisciplinary curriculum to facilitate
60.18 	learning in state-approved innovative schools and programs.

60.19 	Sec. 64. APPROPRIATIONS.
 60.20 		Subdivision 1.Department of education. The sums
60.21 	indicated in this section are appropriated from the general fund
60.22 	to the Department of Education for the fiscal years designated.
60.23 		Subd. 2.Concurrent enrollment program aid. For
60.24 	concurrent enrollment program aid:
60.25 	$.,...,........2006 
60.26 	$.,...,........2007 
60.27 		Subd. 3.Concurrent enrollment mathematics and science
60.28 	partnership. For concurrent enrollment mathematics and science
60.29 	partnership program grants:
60.30 	$.,...,........2006 
60.31 	$.,...,........2007 
60.32 		Subd. 4.National alliance of concurrent enrollment
60.33 	partnership; university of minnesota. For transfer to the Board
60.34 	of Regents of the University of Minnesota for institutions
60.35 	receiving partnership grants to become provisional members of
60.36 	the National Alliance of Concurrent Enrollment Partnership:
61.1 	$.,...,........2006 
61.2 	$.,...,........2007 
61.3 		Subd. 5.National alliance of concurrent enrollment
61.4 	partnership; mnscu. For transfer to the Board of Trustees of
61.5 	the Minnesota State Colleges and Universities for institutions
61.6 	receiving partnership grants to become provisional members of
61.7 	the National Alliance of Concurrent Enrollment Partnership:
61.8 	$.,...,........2006 
61.9 	$.,...,........2007 
61.10 		Subd. 6.Schools mentoring schools regional sites. For
61.11 	schools mentoring schools regional sites:
61.12 	$.,...,........2006 
61.13 	$.,...,........2007 
61.14 	Any balance remaining in the first year does not cancel but
61.15 	is available in the second year.
61.16 		Subd. 7.Principled practices aid. For principled pay
61.17 	practices aid:
61.18 	$.,...,........2006 
61.19 	$.,...,........2007 

61.20 	Sec. 65. REPEALER.
 61.21 	Minnesota Statutes 2004, sections 121A.23, 122A.414, and
61.22 	122A.415, are repealed.

61.23 	ARTICLE 2
61.24 	SPECIAL PROGRAMS

61.25 	Section 1. Minnesota Statutes 2004, section 121A.66,
61.26 	subdivision 5, is amended to read:
61.27 		Subd. 5.Emergency.  "Emergency" means a situation in
61.28 	which immediate intervention is necessary to protect a pupil or
61.29 	other individual from physical injury or to prevent serious 
61.30 	property damage.

61.31 	Sec. 2. Minnesota Statutes 2004, section 121A.66, is
61.32 	amended by adding a subdivision to read:
61.33 		Subd. 6.Positive behavioral interventions and
61.34 	supports. "Positive behavioral interventions and supports"
61.35 	means those strategies used to improve the school environment
61.36 	and teach pupils skills likely to increase their ability to
62.1 	exhibit appropriate behaviors.

62.2 	Sec. 3. Minnesota Statutes 2004, section 121A.66, is
62.3 	amended by adding a subdivision to read:
62.4 		Subd. 7.Time-out. "Time-out" means:
62.5 	(1) a contingent observation, which is not a regulated
62.6 	intervention, and involves instructing the pupil to leave the
62.7 	school activity during the school day and not participate for a
62.8 	period of time, but to observe the activity and listen to the
62.9 	discussion from a time-out area within the same setting;
62.10 	(2) an exclusionary time-out, which is not a regulated
62.11 	intervention, and involves instructing the pupil to leave the
62.12 	school activity during the school day and not participate in or
62.13 	observe the classroom activity, but to go to another area from
62.14 	which the pupil may leave; or 
62.15 	(3) a locked time-out, which is a regulated intervention,
62.16 	and involves involuntarily removing the pupil from the school
62.17 	activity during the school day and placing the pupil in a
62.18 	specially designed and continuously supervised isolation room
62.19 	that the pupil is prevented from leaving.

62.20 	Sec. 4. Minnesota Statutes 2004, section 121A.67, is
62.21 	amended to read:
62.22 	121A.67 AVERSIVE AND DEPRIVATION PROCEDURES.
62.23 		Subdivision 1.Rules. The commissioner, after
62.24 	consultation with interested parent organizations and advocacy
62.25 	groups, the Minnesota Administrators for Special Education, the
62.26 	Minnesota Association of School Administrators, Education
62.27 	Minnesota, the Minnesota School Boards Association, the
62.28 	Minnesota Police Officers Association, a representative of a
62.29 	bargaining unit that represents paraprofessionals, and the
62.30 	Elementary School Principals Association and the Secondary
62.31 	School Principals Association,must adopt amend rules governing
62.32 	the use of aversive and deprivation procedures by school
62.33 	district employees or persons under contract with a school
62.34 	district.  The rules must:
62.35 	(1) promote the use of positive approaches behavioral
62.36 	interventions and supports and must not encourage or require the
63.1 	use of aversive or deprivation procedures;
63.2 	(2) require that planned application of aversive and
63.3 	deprivation procedures only be a part of an instituted after
63.4 	completing a functional behavior assessment and developing a
63.5 	behavior intervention plan that is included in or maintained
63.6 	with the individual education plan;
63.7 	(3) require parents or guardians to be notified after the
63.8 	use of educational personnel to notify a parent or guardian of a
63.9 	pupil with an individual education plan on the same day aversive
63.10 	or deprivation procedures are used in an emergency or in writing
63.11 	within two school days if district personnel are unable to
63.12 	provide same-day notice;
63.13 	(4) establish health and safety standards for the use of
63.14 	locked time-out procedures that require a safe environment,
63.15 	continuous monitoring of the child, ventilation, and adequate
63.16 	space, a locking mechanism that disengages automatically when
63.17 	not continuously engaged by school personnel, and full
63.18 	compliance with state and local fire and building codes,
63.19 	including state rules on time-out rooms; and 
63.20 	(5) contain a list of prohibited procedures;
63.21 	(6) consolidate and clarify provisions related to behavior
63.22 	intervention plans;
63.23 	(7) require school districts to register with the
63.24 	commissioner any room used for locked time-out, which the
63.25 	commissioner must monitor by making announced and unannounced
63.26 	on-site visits;
63.27 	(8) place a student in locked time-out only if the
63.28 	intervention is:
63.29 	(i) part of the comprehensive behavior intervention plan
63.30 	that is included in or maintained with the student's individual
63.31 	education plan, and the plan uses positive behavioral
63.32 	interventions and supports, and data support its continued use;
63.33 	or 
63.34 	(ii) used in an emergency for the duration of the emergency
63.35 	only; and 
63.36 	(9) require a providing school district or cooperative to
64.1 	establish an oversight committee composed of at least one member
64.2 	with training in behavioral analysis and other appropriate
64.3 	education personnel to annually review aggregate data regarding
64.4 	the use of aversive and deprivation procedures.
64.5 		Subd. 2.Removal by peace officer. If a pupil who has an
64.6 	individual education plan is restrained or removed from a
64.7 	classroom, school building, or school grounds by a peace officer
64.8 	at the request of a school administrator or a school staff
64.9 	person during the school day twice in a 30-day period, the
64.10 	pupil's individual education program team must meet to determine
64.11 	if the pupil's individual education plan is adequate or if
64.12 	additional evaluation is needed.
64.13 	
EFFECTIVE DATE. Subdivision 1 of this section is
64.14 	effective the day following final enactment.

64.15 	Sec. 5. Minnesota Statutes 2004, section 122A.15, is
64.16 	amended by adding a subdivision to read:
64.17 		Subd. 3.Student support services advisory committee;
64.18 	district plan. (a) A student support services advisory
64.19 	committee composed of ten members selected by the commissioner
64.20 	is established under section 15.059.  The commissioner must
64.21 	select one committee member from each of the following
64.22 	organizations:
64.23 	(1) the Minnesota Department of Education;
64.24 	(2) the Minnesota School Boards Association;
64.25 	(3) the Minnesota Association of School Administrators;
64.26 	(4) the Minnesota School Social Work Association;
64.27 	(5) the School Nurse Organization of Minnesota;
64.28 	(6) the Minnesota School Psychologists Association;
64.29 	(7) the Minnesota School Counselors Association;
64.30 	(8) the Minnesota Association of Resources for Recovery and
64.31 	Chemical Health;
64.32 	(9) the Minnesota Administrators for Special Education; and 
64.33 	(10) the Minnesota Parent Teachers Association.
64.34 	(b) The committee must:
64.35 	(1) establish a method for identifying student needs that
64.36 	are barriers to learning;
65.1 	(2) identify alternatives for integrating student support
65.2 	services into public schools;
65.3 	(3) recommend support staff to student ratios and best
65.4 	practices for providing student support services premised on
65.5 	evidence-based practice;
65.6 	(4) identify the substance and extent of the work that
65.7 	student support services staff are trained and licensed to
65.8 	provide and the characteristics of the student populations they
65.9 	serve;
65.10 	(5) recommend how school districts can most appropriately
65.11 	integrate student support services into the education program;
65.12 	and 
65.13 	(6) recommend public and nonpublic revenue sources that
65.14 	school districts can use to fund student support services
65.15 	including, among other sources, medical assistance
65.16 	reimbursements, private health insurance, local collaborative
65.17 	time study funds, federal funds, public health funds, and
65.18 	specifically designated funds such as school safety levies and
65.19 	district general funds, among other funds.
65.20 	(c) The committee must consider the oral and written
65.21 	testimony of school district personnel and parents and students
65.22 	in complying with paragraph (b).  The committee must submit
65.23 	periodic recommendations about student support services to the
65.24 	commissioner and to the committees of the legislature having
65.25 	jurisdiction over birth to age 21 education policy and budget
65.26 	issues.  The commissioner must consider the committee's
65.27 	recommendations in deciding whether to develop and maintain a
65.28 	model district plan for student support services.  If the
65.29 	commissioner develops and maintains a model plan, the
65.30 	commissioner also must decide whether to transmit the plan to
65.31 	school districts, whether to require the districts to adopt and
65.32 	maintain a district plan for providing student support services
65.33 	that meets the criteria recommended by the advisory committee,
65.34 	and whether to require the districts to submit the plan for
65.35 	biennial review.
65.36 	(d) Notwithstanding section 15.059, subdivision 5, the
66.1 	committee expires on June 30, 2016.
66.2 	
EFFECTIVE DATE. This section is effective the day
66.3 	following final enactment and applies to the 2006-2007 school
66.4 	year and later.

66.5 	Sec. 6. [123A.10] EDUCATION ADMINISTRATIVE DISTRICTS.
66.6 		Subdivision 1.Purpose. The purpose of an education
66.7 	administrative district is to increase the efficiency of
66.8 	administrative services for elementary and secondary education
66.9 	by combining administrative functions for multiple school
66.10 	districts, while maintaining independent school district control
66.11 	of individual student attendance sites.
66.12 		Subd. 2.Agreement to establish an education
66.13 	administrative district. Boards meeting the requirements of
66.14 	subdivision 3 may enter into a written agreement to establish an
66.15 	education administrative district.  The agreement must address
66.16 	methods to improve the efficiency of delivering administrative
66.17 	services.  The agreement and subsequent amendments must be
66.18 	adopted by majority vote of the full membership of each board.
66.19 		Subd. 3.Requirements for formation. (a) An education
66.20 	administrative district must have at least three districts at
66.21 	the time of formation.
66.22 	(b) Prior to entering into an agreement, each individual
66.23 	school district must submit the proposed agreement to the
66.24 	exclusive representatives of the employees impacted by the
66.25 	agreement in their school district.  The exclusive
66.26 	representative must sign off on the proposed agreement before it
66.27 	is submitted to the commissioner for review to ensure the rights
66.28 	of the bargaining unit members.  Two or more employee
66.29 	organizations that represent the employees in a unit may
66.30 	petition jointly under this subdivision provided that any
66.31 	organization may withdraw from joint certification in favor of
66.32 	the remaining organizations on 30 days' notice to the remaining
66.33 	organizations, the employer, and the commissioner without
66.34 	affecting the rights and obligations of the remaining
66.35 	organizations.  The terms and conditions of collective
66.36 	bargaining agreements covering school employee bargaining units
67.1 	remain in effect until a successor agreement becomes effective.
67.2 	(c) If a proposed agreement results in contracting out of
67.3 	public services previously provided by district employees,
67.4 	school district employees shall have the right of first refusal
67.5 	for equivalent positions and shall maintain equivalent wages,
67.6 	benefits, and hours of employment.
67.7 		Subd. 4.Commissioner review and comment. Before
67.8 	entering into an agreement, the school boards of the proposed
67.9 	member districts must jointly submit the proposed agreement with
67.10 	agreement by the exclusive representative, to the commissioner
67.11 	for review and comment.  The commissioner shall submit a review
67.12 	and comment on the educational and economic advisability of the
67.13 	proposed agreement to the school boards within 60 days of
67.14 	receiving the proposal.  If the commissioner submits a negative
67.15 	review and comment, the districts do not qualify for levy
67.16 	authority according to section 123A.12, subdivision 5.
67.17 		Subd. 5.Notice and public hearing on proposed
67.18 	agreement. Before entering into an agreement, the board of each
67.19 	member district must publish the commissioner's review and
67.20 	comment and a summary of the proposed agreement and its effect
67.21 	upon the district at least once in a newspaper of general
67.22 	circulation in the district.  The board must conduct a public
67.23 	hearing on the proposed agreement after the publication of the
67.24 	notice and before entering into an agreement.

67.25 	Sec. 7. [123A.11] EDUCATION ADMINISTRATIVE DISTRICT
67.26 	BOARD.
67.27 		Subdivision 1.School district representation. The
67.28 	education administrative district board shall be composed of at
67.29 	least one representative appointed by the school board of each
67.30 	member district.  Each representative must be a member of the
67.31 	appointing school board.  Each representative shall serve at the
67.32 	pleasure of the appointing board and may be recalled by a
67.33 	majority vote of the appointing board.  Each representative
67.34 	shall serve for the term that is specified in the agreement.
67.35 	The board shall select its officers from among its members and
67.36 	shall determine the terms of the officers.  The board shall
68.1 	adopt bylaws for the conduct of its business.  The board may
68.2 	conduct public meetings via interactive television if the board
68.3 	complies with chapter 13D in each location where board members
68.4 	are present.
68.5 		Subd. 2.Provision of administrative services. An
68.6 	education administrative district board shall implement the
68.7 	agreement for delivering administrative services, defined in
68.8 	section 123A.12, needed in the education administrative district.
68.9 		Subd. 3.Personnel. The board may employ personnel as
68.10 	necessary to provide administrative services for the education
68.11 	administrative district.  Education administrative district
68.12 	staff shall participate in retirement programs.  Notwithstanding
68.13 	section 123B.143, subdivision 1, a member district of an
68.14 	education administrative district must contract with the
68.15 	education administrative district to obtain the services of a
68.16 	superintendent.  The person to provide the services need not be
68.17 	employed by the education administrative district or a member
68.18 	district at the time the contract is entered into.
68.19 		Subd. 4.Contracts. The board may enter into contracts
68.20 	with districts and other public and private agencies to provide
68.21 	administrative services needed in the education administrative
68.22 	district.
68.23 		Subd. 5.General law. The board shall be governed,
68.24 	unless specifically provided otherwise, by section 471.59.
68.25 		Subd. 6.Annual report. After each of its first five
68.26 	years of operation, the board shall submit an annual report to
68.27 	the member districts and the commissioner regarding the
68.28 	activities of the education administrative district, including
68.29 	analysis of the impact of the arrangement on administrative
68.30 	costs and efficiency.

68.31 	Sec. 8. [123A.12] EDUCATION ADMINISTRATIVE DISTRICT
68.32 	AGREEMENT.
68.33 		Subdivision 1.Implementation; review. An education
68.34 	administrative district board shall implement the agreement for
68.35 	provision of administrative services to the member school
68.36 	districts adopted by the member districts according to section
69.1 	123A.10, subdivision 2.  The education administrative district
69.2 	board shall review the agreement annually and propose necessary
69.3 	amendments to the member districts.
69.4 		Subd. 2.Administrative services. (a) The agreement may
69.5 	provide for the selection of one superintendent for the
69.6 	administrative district at a specified time, according to
69.7 	section 123B.143, subdivision 1, by the administrative district
69.8 	board.
69.9 	(b) The agreement must specify which other noninstructional
69.10 	services are to be provided by the education administrative
69.11 	district.  These services may include, but are not limited to,
69.12 	business management, human resources, payroll, food service,
69.13 	buildings and grounds maintenance, pupil transportation,
69.14 	technology coordination, curriculum coordination, community
69.15 	education, nursing services, student records, district policy,
69.16 	student administrative services, and school building
69.17 	administration.
69.18 		Subd. 3.Timing and duration. (a) The initial agreement
69.19 	must specify a time schedule for implementation.
69.20 	(b) The initial agreement must be for a period of at least
69.21 	three years.  After completing the first two years, the
69.22 	agreement may be extended by majority vote of the full
69.23 	membership of each board.
69.24 		Subd. 4.Finances. The initial agreement must:
69.25 	(1) include a three-year budget projection comparing
69.26 	existing administrative services and their costs with the
69.27 	proposed services and their costs for each year;
69.28 	(2) specify what retirement and severance incentives may be
69.29 	offered to licensed and nonlicensed staff, and how these costs
69.30 	will be apportioned among the member districts.  The incentives
69.31 	must conform with section 123A.48, subdivision 23;
69.32 	(3) specify any other start-up costs for the education
69.33 	administrative district and how these costs will be apportioned
69.34 	among the member districts;
69.35 	(4) specify the estimated amounts that each member district
69.36 	will levy under subdivision 5 for the costs specified in clauses
70.1 	(2) and (3); and 
70.2 	(5) specify an equitable distribution formula for the
70.3 	education administrative district board to assess and certify to
70.4 	each member school district its proportionate share of
70.5 	expenses.  Each member district must remit its assessment to the
70.6 	education administrative district board within 30 days after
70.7 	receipt.
70.8 		Subd. 5.Levy. A school district that is a member of an
70.9 	education administrative district may levy an amount equal to
70.10 	the district's share of costs approved by the commissioner for
70.11 	retirement and severance incentives and other start-up costs
70.12 	included in the initial agreement under subdivision 4, clauses
70.13 	(2) and (3), over a period of time not to exceed three years.
70.14 		Subd. 6.Reports to department of education. Member
70.15 	districts may submit joint reports and jointly provide
70.16 	information required by the department.  The joint reports must
70.17 	allow information, including expenditures for the education
70.18 	administrative district, to be attributed to each member
70.19 	district.
70.20 		Subd. 7.Addition and withdrawal of districts. (a) Upon
70.21 	approval by majority vote of a district school board and of the
70.22 	education administrative district board, an adjoining district
70.23 	may become a member of the education administrative district and
70.24 	be governed by the provisions of this section and the agreement
70.25 	in effect.  A new member added to an existing education
70.26 	administrative district may levy for approved costs of
70.27 	retirement and severance incentives according to subdivision 5.
70.28 	(b) After its first three years of membership, a district
70.29 	may withdraw from the education administrative district and from
70.30 	the agreement in effect by a majority vote of the full board
70.31 	membership of the member district desiring withdrawal and upon
70.32 	compliance with provisions in the agreement establishing the
70.33 	education administrative district.  The withdrawal shall become
70.34 	effective at the end of the next following fiscal year.
70.35 		Subd. 8.Dissolution. After the first three years of the
70.36 	education administrative district, the boards of each member
71.1 	district may agree to dissolve the education administrative
71.2 	district effective at the end of any fiscal year or at an
71.3 	earlier time as they may mutually agree.  A dissolution must be
71.4 	accomplished in accordance with any applicable provisions of the
71.5 	agreement establishing the education administrative district.
71.6 	The dissolution must not affect the continuing liability of the
71.7 	previous member districts for continuing obligations, including
71.8 	unemployment benefits.

71.9 	Sec. 9. Minnesota Statutes 2004, section 123A.24,
71.10 	subdivision 2, is amended to read:
71.11 		Subd. 2.Cooperative unit defined.  For the purposes of
71.12 	this section, a cooperative unit is:
71.13 	(1) an education district organized under sections 123A.15
71.14 	to 123A.19;
71.15 	(2) a cooperative vocational center organized under section
71.16 	123A.22;
71.17 	(3) an intermediate district organized under chapter 136D;
71.18 	(4) an education administrative district organized under
71.19 	sections 123A.10 to 123A.12;
71.20 	(5) a service cooperative organized under section 123A.21;
71.21 	or
71.22 	(5) (6) a regional management information center organized
71.23 	under section 123A.23 or as a joint powers district according to
71.24 	section 471.59.

71.25 	Sec. 10. Minnesota Statutes 2004, section 123B.92,
71.26 	subdivision 1, is amended to read:
71.27 		Subdivision 1.Definitions.  For purposes of this section
71.28 	and section 125A.76, the terms defined in this subdivision have
71.29 	the meanings given to them.
71.30 	(a) "Actual expenditure per pupil transported in the
71.31 	regular and excess transportation categories" means the quotient
71.32 	obtained by dividing:
71.33 	(1) the sum of:
71.34 	(i) all expenditures for transportation in the regular
71.35 	category, as defined in paragraph (b), clause (1), and the
71.36 	excess category, as defined in paragraph (b), clause (2), plus
72.1 	(ii) an amount equal to one year's depreciation on the
72.2 	district's school bus fleet and mobile units computed on a
72.3 	straight line basis at the rate of 15 percent per year for
72.4 	districts operating a program under section 124D.128 for grades
72.5 	1 to 12 for all students in the district and 12-1/2 percent per
72.6 	year for other districts of the cost of the fleet, plus
72.7 	(iii) an amount equal to one year's depreciation on the
72.8 	district's type three school buses, as defined in section
72.9 	169.01, subdivision 6, clause (5), which must be used a majority
72.10 	of the time for pupil transportation purposes, computed on a
72.11 	straight line basis at the rate of 20 percent per year of the
72.12 	cost of the type three school buses by:
72.13 	(2) the number of pupils eligible for transportation in the
72.14 	regular category, as defined in paragraph (b), clause (1), and
72.15 	the excess category, as defined in paragraph (b), clause (2).
72.16 	(b) "Transportation category" means a category of
72.17 	transportation service provided to pupils as follows:
72.18 	(1) Regular transportation is:
72.19 	(i) transportation to and from school during the regular
72.20 	school year for resident elementary pupils residing one mile or
72.21 	more from the public or nonpublic school they attend, and
72.22 	resident secondary pupils residing two miles or more from the
72.23 	public or nonpublic school they attend, excluding desegregation
72.24 	transportation and noon kindergarten transportation; but with
72.25 	respect to transportation of pupils to and from nonpublic
72.26 	schools, only to the extent permitted by sections 123B.84 to
72.27 	123B.87;
72.28 	(ii) transportation of resident pupils to and from language
72.29 	immersion programs;
72.30 	(iii) transportation of a pupil who is a custodial parent
72.31 	and that pupil's child between the pupil's home and the child
72.32 	care provider and between the provider and the school, if the
72.33 	home and provider are within the attendance area of the school;
72.34 	(iv) transportation to and from or board and lodging in
72.35 	another district, of resident pupils of a district without a
72.36 	secondary school; and
73.1 	(v) transportation to and from school during the regular
73.2 	school year required under subdivision 3 for nonresident
73.3 	elementary pupils when the distance from the attendance area
73.4 	border to the public school is one mile or more, and for
73.5 	nonresident secondary pupils when the distance from the
73.6 	attendance area border to the public school is two miles or
73.7 	more, excluding desegregation transportation and noon
73.8 	kindergarten transportation.
73.9 	For the purposes of this paragraph, a district may
73.10 	designate a licensed day care facility, respite care facility,
73.11 	the residence of a relative, or the residence of a person chosen
73.12 	by the pupil's parent or guardian as the home of a pupil for
73.13 	part or all of the day, if requested by the pupil's parent or
73.14 	guardian, and if that facility or residence is within the
73.15 	attendance area of the school the pupil attends.
73.16 	(2) Excess transportation is:
73.17 	(i) transportation to and from school during the regular
73.18 	school year for resident secondary pupils residing at least one
73.19 	mile but less than two miles from the public or nonpublic school
73.20 	they attend, and transportation to and from school for resident
73.21 	pupils residing less than one mile from school who are
73.22 	transported because of extraordinary traffic, drug, or crime
73.23 	hazards; and
73.24 	(ii) transportation to and from school during the regular
73.25 	school year required under subdivision 3 for nonresident
73.26 	secondary pupils when the distance from the attendance area
73.27 	border to the school is at least one mile but less than two
73.28 	miles from the public school they attend, and for nonresident
73.29 	pupils when the distance from the attendance area border to the
73.30 	school is less than one mile from the school and who are
73.31 	transported because of extraordinary traffic, drug, or crime
73.32 	hazards.
73.33 	(3) Desegregation transportation is transportation within
73.34 	and outside of the district during the regular school year of
73.35 	pupils to and from schools located outside their normal
73.36 	attendance areas under a plan for desegregation mandated by the
74.1 	commissioner or under court order.
74.2 	(4) "Transportation services for pupils with disabilities"
74.3 	is:
74.4 	(i) transportation of pupils with disabilities who cannot
74.5 	be transported on a regular school bus between home or a respite
74.6 	care facility and school;
74.7 	(ii) necessary transportation of pupils with disabilities
74.8 	from home or from school to other buildings, including centers
74.9 	such as developmental achievement centers, hospitals, and
74.10 	treatment centers where special instruction or services required
74.11 	by sections 125A.03 to 125A.24, 125A.26 to 125A.48, and 125A.65
74.12 	are provided, within or outside the district where services are
74.13 	provided;
74.14 	(iii) necessary transportation for resident pupils with
74.15 	disabilities required by sections 125A.12, and 125A.26 to
74.16 	125A.48;
74.17 	(iv) board and lodging for pupils with disabilities in a
74.18 	district maintaining special classes;
74.19 	(v) transportation from one educational facility to another
74.20 	within the district for resident pupils enrolled on a
74.21 	shared-time basis in educational programs, and necessary
74.22 	transportation required by sections 125A.18, and 125A.26 to
74.23 	125A.48, for resident pupils with disabilities who are provided
74.24 	special instruction and services on a shared-time basis or if
74.25 	resident pupils are not transported, the costs of necessary
74.26 	travel between public and private schools or neutral
74.27 	instructional sites by essential personnel employed by the
74.28 	district's program for children with a disability;
74.29 	(vi) transportation for resident pupils with disabilities
74.30 	to and from board and lodging facilities when the pupil is
74.31 	boarded and lodged for educational purposes; and
74.32 	(vii) services described in clauses (i) to (vi), when
74.33 	provided for pupils with disabilities in conjunction with a
74.34 	summer instructional program that relates to the pupil's
74.35 	individual education plan or in conjunction with a learning year
74.36 	program established under section 124D.128.
75.1 	For purposes of computing special education base revenue
75.2 	under section 125A.76, subdivision 2, the cost of providing
75.3 	transportation for children with disabilities includes (A) the
75.4 	additional cost of transporting a homeless student from a
75.5 	temporary nonshelter home in another district to the school of
75.6 	origin, or a formerly homeless student from a permanent home in
75.7 	another district to the school of origin but only through the
75.8 	end of the academic year; and (B) depreciation on district-owned
75.9 	school buses purchased after July 1, 2005, and used primarily
75.10 	for transportation of pupils with disabilities, calculated
75.11 	according to paragraph (a), clauses (ii) and (iii).
75.12 	Depreciation costs included in the disabled transportation
75.13 	category must be excluded in calculating the actual expenditure
75.14 	per pupil transported in the regular and excess transportation
75.15 	categories according to paragraph (a).
75.16 	(5) "Nonpublic nonregular transportation" is:
75.17 	(i) transportation from one educational facility to another
75.18 	within the district for resident pupils enrolled on a
75.19 	shared-time basis in educational programs, excluding
75.20 	transportation for nonpublic pupils with disabilities under
75.21 	clause (4);
75.22 	(ii) transportation within district boundaries between a
75.23 	nonpublic school and a public school or a neutral site for
75.24 	nonpublic school pupils who are provided pupil support services
75.25 	pursuant to section 123B.44; and
75.26 	(iii) late transportation home from school or between
75.27 	schools within a district for nonpublic school pupils involved
75.28 	in after-school activities.
75.29 	(c) "Mobile unit" means a vehicle or trailer designed to
75.30 	provide facilities for educational programs and services,
75.31 	including diagnostic testing, guidance and counseling services,
75.32 	and health services.  A mobile unit located off nonpublic school
75.33 	premises is a neutral site as defined in section 123B.41,
75.34 	subdivision 13.

75.35 	Sec. 11. [124D.4531] CAREER AND TECHNICAL LEVY.
75.36 		Subdivision 1.Career and technical levy. (a) A district
76.1 	with a career and technical program approved under this section
76.2 	for the fiscal year in which the levy is certified may levy an
76.3 	amount equal to the lesser of:
76.4 	(1) $80 times the district's average daily membership in
76.5 	grades 10 through 12 for the fiscal year in which the levy is
76.6 	certified; or 
76.7 	(2) 25 percent of approved expenditures in the fiscal year
76.8 	in which the levy is certified for the following:
76.9 	(i) salaries paid to essential, licensed personnel
76.10 	providing direct instructional services to students in that
76.11 	fiscal year for services rendered in the district's approved
76.12 	career and technical education programs;
76.13 	(ii) contracted services provided by a public or private
76.14 	agency other than a Minnesota school district or cooperative
76.15 	center under subdivision 4;
76.16 	(iii) necessary travel between instructional sites by
76.17 	licensed career and technical education personnel;
76.18 	(iv) necessary travel by licensed career and technical
76.19 	education personnel for vocational student organization
76.20 	activities held within the state for instructional purposes;
76.21 	(v) curriculum development activities that are part of a
76.22 	five-year plan for improvement based on program assessment;
76.23 	(vi) necessary travel by licensed career and technical
76.24 	education personnel for noncollegiate credit-bearing
76.25 	professional development; and 
76.26 	(vii) specialized vocational instructional supplies.
76.27 	(b) Up to ten percent of a district's career and technical
76.28 	levy may be spent on equipment purchases.  Districts using the
76.29 	career and technical levy for equipment purchases must report to
76.30 	the department on the improved learning opportunities for
76.31 	students that result from the investment in equipment.
76.32 	(c) The district must recognize the full amount of this
76.33 	levy as revenue for the fiscal year in which it is certified.
76.34 		Subd. 2.Allocation from cooperative centers and
76.35 	intermediate districts. For purposes of this section, a
76.36 	cooperative center or an intermediate district must allocate its
77.1 	approved expenditures for career and technical education
77.2 	programs among participating districts.
77.3 		Subd. 3.Levy guarantee. Notwithstanding subdivision 1,
77.4 	the career and technical education levy for a district is not
77.5 	less than the lesser of:
77.6 	(1) the district's career and technical education levy
77.7 	authority for the previous fiscal year; or 
77.8 	(2) 100 percent of the approved expenditures for career and
77.9 	technical programs included in subdivision 1, paragraph (b), for
77.10 	the fiscal year in which the levy is certified.
77.11 		Subd. 4.District reports. Each district or cooperative
77.12 	center must report data to the department for all career and
77.13 	technical education programs as required by the department to
77.14 	implement the career and technical levy formula.
77.15 	
EFFECTIVE DATE. This section is effective for taxes
77.16 	payable in 2008.

77.17 	Sec. 12. Minnesota Statutes 2004, section 125A.05, is
77.18 	amended to read:
77.19 	125A.05 METHOD OF SPECIAL INSTRUCTION.
77.20 	(a) As defined in this section, to the extent required by
77.21 	federal law as of July 1, 1999, special instruction and services
77.22 	for children with a disability must be based on the assessment
77.23 	and individual education plan.  The instruction and services may
77.24 	be provided by one or more of the following methods:
77.25 	(1) in connection with attending regular elementary and
77.26 	secondary school classes;
77.27 	(2) establishment of special classes;
77.28 	(3) at the home or bedside of the child;
77.29 	(4) in other districts;
77.30 	(5) instruction and services by special education
77.31 	cooperative centers established under this section, or in
77.32 	another member district of the cooperative center to which the
77.33 	resident district of the child with a disability belongs;
77.34 	(6) in a state residential school or a school department of
77.35 	a state institution approved by the commissioner;
77.36 	(7) in other states;
78.1 	(8) by contracting with public, private or voluntary
78.2 	agencies;
78.3 	(9) for children under age five and their families,
78.4 	programs and services established through collaborative efforts
78.5 	with other agencies;
78.6 	(10) for children under age five and their families,
78.7 	programs in which children with a disability are served with
78.8 	children without a disability; and
78.9 	(11) any other method approved by the commissioner.
78.10 	(b) Preference shall be given to providing special
78.11 	instruction and services to children under age three and their
78.12 	families in the residence of the child with the parent or
78.13 	primary caregiver, or both, present.
78.14 	(c) The primary responsibility for the education of a child
78.15 	with a disability must remain with the district of the child's
78.16 	residence regardless of which method of providing special
78.17 	instruction and services is used.  If a district other than a
78.18 	child's district of residence provides special instruction and
78.19 	services to the child, then the district providing the special
78.20 	instruction and services must notify and invite the child's
78.21 	district of residence before the child's individual education
78.22 	plan is developed and must provide the district of residence an
78.23 	opportunity to participate in the plan's development. The
78.24 	district providing the special instruction and services may not
78.25 	bill special education tuition costs to the resident district
78.26 	unless the resident district has participated or has declined to
78.27 	participate in the development of the student's individual
78.28 	education plan.The district of residence must inform the
78.29 	parents of the child about the methods of instruction that are
78.30 	available.

78.31 	Sec. 13. Minnesota Statutes 2004, section 125A.24, is
78.32 	amended to read:
78.33 	125A.24 PARENT ADVISORY COUNCILS.
78.34 	In order to increase the involvement of parents of children
78.35 	with disabilities in district policy making and decision making,
78.36 	school districts must have a special education advisory council
79.1 	that is incorporated into the district's special education
79.2 	system plan.
79.3 	(1) This advisory council may be established either for
79.4 	individual districts or in cooperation with other districts who
79.5 	are members of the same special education cooperative.
79.6 	(2) A district may set up this council as a subgroup of an
79.7 	existing board, council, or committee.
79.8 	(3) At least half of the designated council members must be
79.9 	parents of students with a disability. The council must include
79.10 	at least one member who is a parent of a nonpublic school
79.11 	student with a disability or an employee of a nonpublic school
79.12 	if a nonpublic school is located in the district.  Each local
79.13 	council must meet no less than once each year.The number of
79.14 	members, frequency of meetings, and operational procedures are
79.15 	to be locally determined.

79.16 	Sec. 14. Minnesota Statutes 2004, section 125A.28, is
79.17 	amended to read:
79.18 	125A.28 STATE INTERAGENCY COORDINATING COUNCIL.
79.19 	An Interagency Coordinating Council of at least 17, but not
79.20 	more than 25 members is established, in compliance with Public
79.21 	Law 102-119, section 682.  The members must be appointed by the
79.22 	governor.  Council members must elect the council chair.  The
79.23 	representative of the commissioner may not serve as the chair.
79.24 	The council must be composed of at least five parents, including
79.25 	persons of color, of children with disabilities under age 12,
79.26 	including at least three parents of a child with a disability
79.27 	under age seven, five representatives of public or private
79.28 	providers of services for children with disabilities under age
79.29 	five, including a special education director, county social
79.30 	service director, local Head Start director, and a community
79.31 	health services or public health nursing administrator, one
79.32 	member of the senate, one member of the house of
79.33 	representatives, one representative of teacher preparation
79.34 	programs in early childhood-special education or other
79.35 	preparation programs in early childhood intervention, at least
79.36 	one representative of advocacy organizations for children with
80.1 	disabilities under age five, one physician who cares for young
80.2 	children with special health care needs, one representative each
80.3 	from the commissioners of commerce, education, health, human
80.4 	services, a representative from the state agency responsible for
80.5 	child care, and a representative from Indian health services or
80.6 	a tribal council.  Section 15.059, subdivisions 2 to 5, apply to
80.7 	the council.  The council must meet at least quarterly.
80.8 	The council must address methods of implementing the state
80.9 	policy of developing and implementing comprehensive,
80.10 	coordinated, multidisciplinary interagency programs of early
80.11 	intervention services for children with disabilities and their
80.12 	families.
80.13 	The duties of the council include recommending policies to
80.14 	ensure a comprehensive and coordinated system of all state and
80.15 	local agency services for children under age five with
80.16 	disabilities and their families.  The policies must address how
80.17 	to incorporate each agency's services into a unified state and
80.18 	local system of multidisciplinary assessment practices,
80.19 	individual intervention plans, comprehensive systems to find
80.20 	children in need of services, methods to improve public
80.21 	awareness, and assistance in determining the role of interagency
80.22 	early intervention committees.
80.23 	By September 1 On the date that Minnesota Part C Annual
80.24 	Performance Report is submitted to the federal Office of Special
80.25 	Education, the council must recommend to the governor and the
80.26 	commissioners of education, health, human services, commerce,
80.27 	and employment and economic development policies for a
80.28 	comprehensive and coordinated system.
80.29 	Notwithstanding any other law to the contrary, the State
80.30 	Interagency Coordinating Council expires on June 30, 2005 2009.

80.31 	Sec. 15. Minnesota Statutes 2004, section 125A.51, is
80.32 	amended to read:
80.33 	125A.51 PLACEMENT OF CHILDREN WITHOUT DISABILITIES;
80.34 	EDUCATION AND TRANSPORTATION.
80.35 	The responsibility for providing instruction and
80.36 	transportation for a pupil without a disability who has a
81.1 	short-term or temporary physical or emotional illness or
81.2 	disability, as determined by the standards of the commissioner,
81.3 	and who is temporarily placed for care and treatment for that
81.4 	illness or disability, must be determined as provided in this
81.5 	section.
81.6 	(a) The school district of residence of the pupil is the
81.7 	district in which the pupil's parent or guardian resides.
81.8 	(b) When parental rights have been terminated by court
81.9 	order, the legal residence of a child placed in a residential or
81.10 	foster facility for care and treatment is the district in which
81.11 	the child resides.
81.12 	(c) Before the placement of a pupil for care and treatment,
81.13 	the district of residence must be notified and provided an
81.14 	opportunity to participate in the placement decision.  When an
81.15 	immediate emergency placement is necessary and time does not
81.16 	permit resident district participation in the placement
81.17 	decision, the district in which the pupil is temporarily placed,
81.18 	if different from the district of residence, must notify the
81.19 	district of residence of the emergency placement within 15 days
81.20 	of the placement.
81.21 	(d) When a pupil without a disability is temporarily placed
81.22 	for care and treatment in a day program and the pupil continues
81.23 	to live within the district of residence during the care and
81.24 	treatment, the district of residence must provide instruction
81.25 	and necessary transportation to and from the treatment facility
81.26 	for the pupil.  Transportation shall only be provided by the
81.27 	district during regular operating hours of the district.  The
81.28 	district may provide the instruction at a school within the
81.29 	district of residence, at the pupil's residence, or in the case
81.30 	of a placement outside of the resident district, in the district
81.31 	in which the day treatment program is located by paying tuition
81.32 	to that district.  The district of placement may contract with a
81.33 	facility to provide instruction by teachers licensed by the
81.34 	state Board of Teaching.
81.35 	(e) When a pupil without a disability is temporarily placed
81.36 	in a residential program for care and treatment, the district in
82.1 	which the pupil is placed must provide instruction for the pupil
82.2 	and necessary transportation while the pupil is receiving
82.3 	instruction, and in the case of a placement outside of the
82.4 	district of residence, the nonresident district must bill the
82.5 	district of residence for the actual cost of providing the
82.6 	instruction for the regular school year and for summer school,
82.7 	excluding transportation costs.
82.8 	(f) Notwithstanding paragraph (e), if the pupil is homeless
82.9 	and placed in a public or private homeless shelter, then the
82.10 	district that enrolls the pupil under section 127A.47,
82.11 	subdivision 2, shall provide the transportation, unless the
82.12 	district that enrolls the pupil and the district in which the
82.13 	pupil is temporarily placed agree that the district in which the
82.14 	pupil is temporarily placed shall provide transportation.When
82.15 	a pupil without a disability is temporarily placed in a
82.16 	residential program outside the district of residence, the
82.17 	administrator of the court placing the pupil must send timely
82.18 	written notice of the placement to the district of residence.
82.19 	The district of placement may contract with a residential
82.20 	facility to provide instruction by teachers licensed by the
82.21 	state Board of Teaching. For purposes of this section, the state
82.22 	correctional facilities operated on a fee-for-service basis are
82.23 	considered to be residential programs for care and treatment.
82.24 	(f) (g) The district of residence must include the pupil in
82.25 	its residence count of pupil units and pay tuition as provided
82.26 	in section 123A.488 to the district providing the instruction.
82.27 	Transportation costs must be paid by the district providing the
82.28 	transportation and the state must pay transportation aid to that
82.29 	district.  For purposes of computing state transportation aid,
82.30 	pupils governed by this subdivision must be included in the
82.31 	disabled transportation category if the pupils cannot be
82.32 	transported on a regular school bus route without special
82.33 	accommodations.

82.34 	Sec. 16. Minnesota Statutes 2004, section 126C.457, is
82.35 	amended to read:
82.36 	126C.457 CAREER AND TECHNICAL LEVY.
83.1 	For taxes payable in 2006 and 2007,a school district may
83.2 	levy an amount equal to the greater of (1) $10,000, or (2) the
83.3 	district's fiscal year 2001 entitlement for career and technical
83.4 	aid under Minnesota Statutes 2000, section 124D.453.  The
83.5 	district must recognize the full amount of this levy as revenue
83.6 	for the fiscal year in which it is certified.  Revenue received
83.7 	under this section must be reserved and used only for career and
83.8 	technical programs.

83.9 	Sec. 17. [127A.21] STATE COORDINATOR FOR WORLD
83.10 	LANGUAGES.
83.11 	(a) The commissioner of education shall designate a
83.12 	full-time state coordinator for world languages education within
83.13 	the Department of Education by July 1, 2005.  The commissioner
83.14 	shall seek input from the Quality Teaching Network before
83.15 	designating or hiring the coordinator who must have classroom
83.16 	experience teaching world languages.  The coordinator, at a
83.17 	minimum, shall:
83.18 	(1) survey school districts in the state to:
83.19 	(i) identify the types of existing world language programs
83.20 	and exemplary model extended world languages programs; and 
83.21 	(ii) in consultation with Minnesota postsecondary
83.22 	institutions, identify and address staff development needs of
83.23 	current world language teachers and preservice teachers;
83.24 	(2) identify successful extended world language programs
83.25 	from other states;
83.26 	(3) award grants for model extended world languages
83.27 	programs;
83.28 	(4) establish guidelines for a variety of model extended
83.29 	world languages programs;
83.30 	(5) research and recommend the funding necessary to
83.31 	implement various models of extended world languages programs in
83.32 	different languages; and 
83.33 	(6) support and monitor, using the most recent information
83.34 	available, current world language programs.
83.35 	(b) For the purposes of this section, "extended world
83.36 	languages program" means a world languages program with a
84.1 	sequence of consecutive years in any of kindergarten through
84.2 	grade 12, including for example sequences of kindergarten
84.3 	through grade 12, grades 5 through 12, and grades 7 through 12.

84.4 	Sec. 18. Minnesota Statutes 2004, section 134.31, is
84.5 	amended by adding a subdivision to read:
84.6 		Subd. 5a.Advisory committee. The commissioner shall
84.7 	appoint an advisory committee of five members to advise the
84.8 	staff of the Minnesota Library for the Blind and Physically
84.9 	Handicapped on long-range plans and library services.  Members
84.10 	shall be people who use the library.  Section 15.059 governs
84.11 	this committee except that the committee shall not expire.

84.12 	Sec. 19. EMINENCE CREDENTIALING.
 84.13 		Subdivision 1.Goal. It is the goal of the state to
84.14 	support the teaching and revitalization of the Dakota and
84.15 	Anishinaabe languages, which are contingent to the geographical
84.16 	area included in the state of Minnesota.  The Native Language
84.17 	Eminence Credentialing Task Force is created to achieve this
84.18 	goal.
84.19 		Subd. 2.Membership. The Native Language Eminence
84.20 	Credentialing Task Force consists of the following members:
84.21 	(1) four members representing public schools with large
84.22 	Native American populations appointed by the commissioner of
84.23 	education;
84.24 	(2) one member appointed by each federally recognized
84.25 	Indian tribe in the state;
84.26 	(3) one member appointed by each institution of higher
84.27 	education that trains credentialed Dakota and Anishinaabe
84.28 	language teachers;
84.29 	(4) one member representing the Minnesota Historical
84.30 	Society;
84.31 	(5) the chair of the state Indian Affairs Council; and 
84.32 	(6) three native speakers of the Anishinaabe language and
84.33 	three native speakers of the Dakota language, all appointed by
84.34 	the Dakota Ojibwe Language Revitalization Alliance.
84.35 		Subd. 3.Administration. (a) The Native Language
84.36 	Eminence Credentialing Task Force is governed by Minnesota
85.1 	Statutes, section 15.059.
85.2 	(b) The task force shall elect a chair from its
85.3 	membership.  The commissioner of education shall provide staff
85.4 	and administrative support for the task force.
85.5 		Subd. 4.Duties. The task force shall review and
85.6 	recommend changes to the eminence credentials for teachers of
85.7 	the Dakota and Anishinaabe languages in order to increase the
85.8 	number of fluent "first speakers" who can teach the language and
85.9 	the number of teachers of the Dakota and Anishinaabe languages
85.10 	by considering and addressing the following:
85.11 	(1) whether a rating system should be developed that
85.12 	includes separate ratings for fluency of the spoken language,
85.13 	writing and reading skills in language, and specifying which
85.14 	dialect of the Anishinaabe and Dakota languages is being spoken;
85.15 	(2) whether a strategy for determining the level of fluency
85.16 	should be developed;
85.17 	(3) consistency of evaluation of language fluency;
85.18 	(4) identifying issues between tribal authority and state
85.19 	law around strategies of language revitalization; and 
85.20 	(5) a strategy to provide affordable and accessible
85.21 	language and culture credentials throughout Minnesota.
85.22 		Subd. 5.Report. The task force shall submit a report to
85.23 	the legislature by January 15, 2006, to fulfill the duties of
85.24 	the task force.
85.25 		Subd. 6.Expiration. The task force expires upon
85.26 	submission of the report on January 15, 2006.

85.27 	Sec. 20. MODEL EXTENDED WORLD LANGUAGE PROGRAM GRANTS.
 85.28 	(a) The commissioner of education shall award six
85.29 	three-year grants to school districts and charter schools to
85.30 	develop model extended world languages programs including at
85.31 	least model plans for implementing world languages to close the
85.32 	achievement gap between groups of students.  The commissioner
85.33 	shall award grants only for the 2006-2007 through 2008-2009
85.34 	school years.  The commissioner should award grants for a
85.35 	variety of language programs, if possible.
85.36 	(b) The commissioner shall award grants to four school
86.1 	districts or charter schools in the seven-county metropolitan,
86.2 	Rochester, and Duluth areas, including two urban and two
86.3 	suburban school districts or charter schools, and two school
86.4 	districts or charter schools outside the seven-county
86.5 	metropolitan, Rochester, and Duluth areas, to:
86.6 	(1) develop a model extended world languages program; or 
86.7 	(2) extend an existing world language program to a model
86.8 	extended program.
86.9 	(c) A school district and charter school shall apply for a
86.10 	grant in a form and manner prescribed by the commissioner.  A
86.11 	school district and charter school must use the grant money to
86.12 	develop and implement or to extend existing world languages
86.13 	programs according to the terms of the grant application and the
86.14 	criteria under paragraph (a).
86.15 	(d) For the purposes of this section, "extended world
86.16 	languages program" means a world languages program with a
86.17 	sequence of consecutive years in any of kindergarten through
86.18 	grade 12, including for example sequences of kindergarten
86.19 	through grade 12, grades 5 through 12, and grades 7 through 12.

86.20 	Sec. 21. TASK FORCE ON DELIVERY OF SPECIAL EDUCATION TO
86.21 	NONPUBLIC SCHOOL STUDENTS BY PUBLIC SCHOOL DISTRICTS.
 86.22 		Subdivision 1.Purpose; establishment. With the
86.23 	congressional reauthorization of the federal Individuals with
86.24 	Disabilities Education Act, a task force on the delivery of
86.25 	special education services to nonpublic school students by
86.26 	public school districts shall be established to compare and
86.27 	evaluate how the individual needs of each child are being met,
86.28 	if services are provided in the least restrictive environment,
86.29 	and whether best practices and program efficiencies are being
86.30 	used in the specific areas of transportation, location of
86.31 	services, and shared time aid.
86.32 		Subd. 2.Members. The governor shall appoint the members
86.33 	of the task force from each of the following:
86.34 	(1) two members from the Department of Education, one
86.35 	representing special education programs and policy and one
86.36 	representing district finances;
87.1 	(2) two special education teachers with one member from a
87.2 	public school and one member from a nonpublic school;
87.3 	(3) two special education administrators with one member
87.4 	from a public school and one member from a nonpublic school;
87.5 	(4) two members with one from each of two special education
87.6 	advocacy organizations;
87.7 	(5) two parents of children receiving special education
87.8 	services with one member from a public school and one member
87.9 	from a nonpublic school;
87.10 	(6) two elementary school principals with one member from a
87.11 	public school and one member from a nonpublic school;
87.12 	(7) two superintendents with one member from a public
87.13 	school district and one member from a nonpublic school district;
87.14 	(8) two school business officials with one from a public
87.15 	school and one from a nonpublic school; and 
87.16 	(9) two school board officials with one from a public
87.17 	school and one from a nonpublic school.
87.18 	The task force may select additional members to work on the
87.19 	task force.  The commissioner of education shall provide
87.20 	necessary materials and assistance.
87.21 		Subd. 3.Report. The task force shall submit a report by
87.22 	January 15, 2006, to the house of representatives and senate
87.23 	committees having jurisdiction over education on the delivery of
87.24 	special education services to nonpublic school students by
87.25 	public school districts, to compare and evaluate how the
87.26 	individual needs of each child are being met in the least
87.27 	restrictive environment, and whether best practices and program
87.28 	efficiencies are being used.
87.29 		Subd. 4.Expiration. This section expires January 31,
87.30 	2006.
87.31 	
EFFECTIVE DATE. This section is effective the day
87.32 	following final enactment.

87.33 	Sec. 22. APPROPRIATION.
 87.34 		Subdivision 1.Department of education. The sums
87.35 	indicated in this section are appropriated from the general fund
87.36 	to the Department of Education for the fiscal years designated.
88.1 		Subd. 2.World languages. For grants for model extended
88.2 	world languages programs:
88.3 	$.,...,........2006 
88.4 	$.,...,........2007 
88.5 	These appropriations do not cancel but are available until
88.6 	expended.

88.7 	ARTICLE 3
88.8 	TECHNOLOGY, FACILITIES, AND NUTRITION

88.9 	Section 1. Minnesota Statutes 2004, section 123B.492, is
88.10 	amended to read:
88.11 	123B.492 SUPERVISED COMPETITIVE HIGH SCHOOL DIVING.
88.12 	Notwithstanding Minnesota Rules, part 4717.3750, any pool
88.13 	built before January 1, 1987, that was used for a one-meter
88.14 	board high school diving program during the 2000-2001 school
88.15 	year may be used for supervised competitive one-meter board high
88.16 	school diving.  Schools and school districts are strongly
88.17 	encouraged to use a pool for supervised competitive high school
88.18 	diving that meets the requirements of Minnesota Rules, part
88.19 	4717.3750.  A school or district using a pool for
88.20 	supervised training practice for competitive high school
88.21 	diving for either training practice or competition that does not
88.22 	meet the requirements of Minnesota Rules, part 4717.3750, must
88.23 	provide appropriate notice to parents and participants as to the
88.24 	type of variance from Minnesota Rules and risk it may present.

88.25 	Sec. 2. Minnesota Statutes 2004, section 123B.71,
88.26 	subdivision 9, is amended to read:
88.27 		Subd. 9.Information required.  A school board proposing
88.28 	to construct a facility described in subdivision 8 shall submit
88.29 	to the commissioner a proposal containing information including
88.30 	at least the following:
88.31 	(1) the geographic area and population to be served,
88.32 	preschool through grade 12 student enrollments for the past five
88.33 	years, and student enrollment projections for the next five
88.34 	years;
88.35 	(2) a list of existing facilities by year constructed,
88.36 	their uses, and an assessment of the extent to which alternate
89.1 	facilities are available within the school district boundaries
89.2 	and in adjacent school districts;
89.3 	(3) a list of the specific deficiencies of the facility
89.4 	that demonstrate the need for a new or renovated facility to be
89.5 	provided, and a list of the specific benefits that the new or
89.6 	renovated facility will provide to the students, teachers, and
89.7 	community users served by the facility;
89.8 	(4) the relationship of the project to any priorities
89.9 	established by the school district, educational cooperatives
89.10 	that provide support services, or other public bodies in the
89.11 	service area;
89.12 	(5) a specification of how the project will increase
89.13 	community use of the facility and whether and how the project
89.14 	will increase collaboration with other governmental or nonprofit
89.15 	entities;
89.16 	(6) a description of the project, including the
89.17 	specification of site and outdoor space acreage and square
89.18 	footage allocations for classrooms, laboratories, and support
89.19 	spaces; estimated expenditures for the major portions of the
89.20 	project; and the dates the project will begin and be completed;
89.21 	(7) a specification of the source of financing the project;
89.22 	the scheduled date for a bond issue or school board action; a
89.23 	schedule of payments, including debt service equalization aid;
89.24 	and the effect of a bond issue on local property taxes by the
89.25 	property class and valuation;
89.26 	(8) an analysis of how the proposed new or remodeled
89.27 	facility will affect school district operational or
89.28 	administrative staffing costs, and how the district's operating
89.29 	budget will cover any increased operational or administrative
89.30 	staffing costs;
89.31 	(9) a description of the consultation with local or state
89.32 	road and transportation officials on school site access and
89.33 	safety issues, and the ways that the project will address those
89.34 	issues;
89.35 	(10) a description of how indoor air quality issues have
89.36 	been considered and a certification that the architects and
90.1 	engineers designing the facility will have professional
90.2 	liability insurance;
90.3 	(11) as required under section 123B.72, for buildings
90.4 	coming into service after July 1, 2002, a certification that the
90.5 	plans and designs for the extensively renovated or new
90.6 	facility's heating, ventilation, and air conditioning systems
90.7 	will meet or exceed code standards; will provide for the
90.8 	monitoring of outdoor airflow and total airflow of ventilation
90.9 	systems; and will provide an indoor air quality filtration
90.10 	system that meets ASHRAE standard 52.1;
90.11 	(12) a specification of any desegregation requirements that
90.12 	cannot be met by any other reasonable means; and 
90.13 	(13) a specification, if applicable, of how the facility
90.14 	will utilize environmentally sustainable school facility design
90.15 	concepts; and 
90.16 	(14) a description of how the architects and engineers have
90.17 	considered the American National Standards Institute Acoustical
90.18 	Performance Criteria, Design Requirements and Guidelines for
90.19 	Schools on maximum background noise levels and reverberation
90.20 	times.

90.21 	Sec. 3. Minnesota Statutes 2004, section 124D.095,
90.22 	subdivision 2, is amended to read:
90.23 		Subd. 2.Definitions.  For purposes of this section, the
90.24 	following terms have the meanings given them.
90.25 	(a) "Online learning" is an interactive course or program
90.26 	that delivers instruction from a teacher to a student by
90.27 	computer; is combined with other traditional delivery methods
90.28 	that include frequent student assessment and may include actual
90.29 	teacher contact time; and meets or exceeds state academic
90.30 	standards.
90.31 	(b) "Online learning provider" is a school district, an
90.32 	intermediate school district,an organization of two or more
90.33 	school districts operating under a joint powers agreement, or a
90.34 	charter school located in Minnesota that provides online
90.35 	learning to students.
90.36 	(c) "Student" is a Minnesota resident enrolled in a school
91.1 	under section 120A.22, subdivision 4, in kindergarten through
91.2 	grade 12.
91.3 	(d) "Online learning student" is a student enrolled in an
91.4 	online learning course or program delivered by an online
91.5 	provider under paragraph (b).
91.6 	(e) "Enrolling district" means the school district or
91.7 	charter school in which a student is enrolled under section
91.8 	120A.22, subdivision 4, for purposes of compulsory attendance.

91.9 	Sec. 4. Minnesota Statutes 2004, section 124D.095,
91.10 	subdivision 4, is amended to read:
91.11 		Subd. 4.Online learning parameters.  (a) An online
91.12 	learning student must receive academic credit for completing the
91.13 	requirements of an online learning course or program.  Secondary
91.14 	credits granted to an online learning student must be counted
91.15 	toward the graduation and credit requirements of the enrolling
91.16 	district.  The enrolling district must apply the same graduation
91.17 	requirements to all students, including online learning
91.18 	students, and must continue to provide nonacademic services to
91.19 	online learning students.  If a student completes an online
91.20 	learning course or program that meets or exceeds a graduation
91.21 	standard or grade progression requirement at the enrolling
91.22 	district, that standard or requirement is met.  The enrolling
91.23 	district must use the same criteria for accepting online
91.24 	learning credits or courses as it does for accepting credits or
91.25 	courses for transfer students under section 124D.03, subdivision
91.26 	9.  The enrolling district may reduce the teacher contact time
91.27 	of an online learning student in proportion to the number of
91.28 	online learning courses the student takes from an online
91.29 	learning provider that is not the enrolling district.
91.30 	(b) An online learning student may:
91.31 	(1) enroll during a single school year in a maximum of 12
91.32 	semester-long courses or their equivalent delivered by an online
91.33 	learning provider or the enrolling district;
91.34 	(2) complete course work at a grade level that is different
91.35 	from the student's current grade level; and
91.36 	(3) enroll in additional courses with the online learning
92.1 	provider under a separate agreement that includes terms for
92.2 	payment of any tuition or course fees.
92.3 	(c) A student with a disability may enroll in an online
92.4 	learning course or program if the student's IEP team determines
92.5 	that online learning is appropriate education for the student.
92.6 	(d) An online learning student has the same access to the
92.7 	computer hardware and education software available in a school
92.8 	as all other students in the enrolling district.  An online
92.9 	learning provider must assist an online learning student whose
92.10 	family qualifies for the education tax credit under section
92.11 	290.0674 to acquire computer hardware and educational software
92.12 	for online learning purposes.
92.13 	(e) An enrolling district may offer online learning to its
92.14 	enrolled students.  Such online learning does not generate
92.15 	online learning funds under this section.  An enrolling district
92.16 	that offers online learning only to its enrolled students is not
92.17 	subject to the reporting requirements or review criteria under
92.18 	subdivision 7.  A teacher with a Minnesota license must assemble
92.19 	and deliver instruction to enrolled students receiving online
92.20 	learning from an enrolling district. The delivery of
92.21 	instruction occurs when the student interacts with the computer
92.22 	or the teacher.The instruction may include curriculum
92.23 	developed by persons other than a teacher with a Minnesota
92.24 	license.
92.25 	(f) An online learning provider that is not the enrolling
92.26 	district is subject to the reporting requirements and review
92.27 	criteria under subdivision 7.  A teacher with a Minnesota
92.28 	license must assemble and deliver instruction to online learning
92.29 	students. The delivery of instruction occurs when the student
92.30 	interacts with the computer or the teacher.The instruction may
92.31 	include curriculum developed by persons other than a teacher
92.32 	with a Minnesota license.  Unless the commissioner grants a
92.33 	waiver, a teacher providing online learning instruction must not
92.34 	instruct more than 40 students in any one online learning course
92.35 	or program.

92.36 	Sec. 5. Minnesota Statutes 2004, section 124D.095,
93.1 	subdivision 8, is amended to read:
93.2 		Subd. 8.Financial arrangements.  (a) For a student
93.3 	enrolled in an on-line learning course, the department must
93.4 	calculate average daily membership and make payments according
93.5 	to this subdivision.
93.6 	(b) The initial on-line learning average daily membership
93.7 	equals 1/12 for each semester course or a proportionate amount
93.8 	for courses of different lengths.  The adjusted on-line learning
93.9 	average daily membership equals the initial on-line learning
93.10 	average daily membership times .88.
93.11 	(c) No on-line learning average daily membership shall be
93.12 	generated if:  (1) the student does not complete the on-line
93.13 	learning course, or (2) the student is enrolled in on-line
93.14 	learning provided by the enrolling district and the student was
93.15 	enrolled in a Minnesota public school for the school year before
93.16 	the school year in which the student first enrolled in on-line
93.17 	learning the student is enrolled in an instructional program in
93.18 	which at least 40 percent of the total instructional time takes
93.19 	place in the school's facilities, or (3) the student is enrolled
93.20 	in online learning and the student was enrolled in and received
93.21 	funding for online learning for the school year before the
93.22 	school year in which the student is currently enrolled.  For
93.23 	students enrolled in on-line learning according to clause (2),
93.24 	the department shall calculate average daily membership
93.25 	according to section 126C.05, subdivision 8.
93.26 	(d) On-line learning average daily membership under this
93.27 	subdivision for a student currently enrolled in a Minnesota
93.28 	public school and who was enrolled in a Minnesota public school
93.29 	for the school year before the school year in which the student
93.30 	first enrolled in on-line learning shall be used only for
93.31 	computing average daily membership according to section 126C.05,
93.32 	subdivision 19, paragraph (a), clause (ii), and for computing
93.33 	on-line learning aid according to section 126C.24 124D.096.
93.34 	(e) On-line learning average daily membership under this
93.35 	subdivision for students not included in paragraph (c) or (d)
93.36 	shall be used only for computing average daily membership
94.1 	according to section 126C.05, subdivision 19, paragraph (a),
94.2 	clause (ii), and for computing payments under paragraphs (f) and
94.3 	(g).
94.4 	(f) Subject to the limitations in this subdivision, the
94.5 	department must pay an on-line learning provider an amount equal
94.6 	to the product of the adjusted on-line learning average daily
94.7 	membership for students under paragraph (e) times the student
94.8 	grade level weighting under section 126C.05, subdivision 1,
94.9 	times the formula allowance.
94.10 	(g) The department must pay each on-line learning provider
94.11 	100 percent of the amount in paragraph (f) within 45 days of
94.12 	receiving final enrollment and course completion information
94.13 	each quarter or semester.
94.14 	
EFFECTIVE DATE. This section is effective for revenue for
94.15 	fiscal year 2006.

94.16 	Sec. 6. Minnesota Statutes 2004, section 124D.095, is
94.17 	amended by adding a subdivision to read:
94.18 		Subd. 10.Online learning advisory council. (a) An
94.19 	online learning advisory council is established under section
94.20 	15.059, except that the term for each council member shall be
94.21 	three years.  The advisory council is composed of 12 members
94.22 	from throughout the state who have demonstrated experience with
94.23 	or interest in online learning.  The members of the council
94.24 	shall be appointed by the commissioner.  The advisory council
94.25 	shall bring to the attention of the commissioner any matters
94.26 	related to online learning and provide input to the department
94.27 	in matters related, but not restricted, to:
94.28 	(1) quality assurance;
94.29 	(2) teacher qualifications;
94.30 	(3) program approval;
94.31 	(4) special education;
94.32 	(5) attendance;
94.33 	(6) program design and requirements; and 
94.34 	(7) fair and equal access to programs.
94.35 	(b) The online learning advisory council under this
94.36 	subdivision expires June 30, 2008.

95.1 	Sec. 7. [125B.26] TELECOMMUNICATIONS/INTERNET ACCESS
95.2 	EQUITY AID.
95.3 		Subdivision 1.Costs to be submitted. (a) A district or
95.4 	charter school shall submit its actual
95.5 	telecommunications/Internet access costs for the previous fiscal
95.6 	year, adjusted for any e-rate revenue received, to the
95.7 	department by August 15 of each year as prescribed by the
95.8 	commissioner.  Costs eligible for reimbursement under this
95.9 	program are limited to the following:
95.10 	(1) ongoing or recurring telecommunications/Internet access
95.11 	costs associated with Internet access, data lines, and video
95.12 	links providing:
95.13 	(i) the equivalent of one data line, video link, or
95.14 	integrated data/video link that relies on a transport medium
95.15 	that operates at a minimum speed of 1.544 megabytes per second
95.16 	(T1) for each elementary school, middle school, or high school
95.17 	under section 120A.05, subdivisions 9, 11, and 13, including the
95.18 	recurring telecommunications line lease costs and ongoing
95.19 	Internet access service fees; or 
95.20 	(ii) the equivalent of one data line or video circuit, or
95.21 	integrated data/video link that relies on a transport medium
95.22 	that operates at a minimum speed of 1.544 megabytes per second
95.23 	(T1) for each district, including recurring telecommunications
95.24 	line lease costs and ongoing Internet access service fees;
95.25 	(2) recurring costs of contractual or vendor-provided
95.26 	maintenance on the school district's wide area network to the
95.27 	point of presence at the school building up to the router,
95.28 	codec, or other service delivery equipment located at the point
95.29 	of presence termination at the school or school district;
95.30 	(3) recurring costs of cooperative, shared arrangements for
95.31 	regional delivery of telecommunications/Internet access between
95.32 	school districts, postsecondary institutions, and public
95.33 	libraries including network gateways, peering points, regional
95.34 	network infrastructure, Internet2 access, and network support,
95.35 	maintenance, and coordination; and 
95.36 	(4) service provider installation fees for installation of
96.1 	new telecommunications lines or increased bandwidth.
96.2 	(b) Costs not eligible for reimbursement under this program
96.3 	include:
96.4 	(1) recurring costs of school district staff providing
96.5 	network infrastructure support;
96.6 	(2) recurring costs associated with voice and standard
96.7 	telephone service;
96.8 	(3) costs associated with purchase of network hardware,
96.9 	telephones, computers, or other peripheral equipment needed to
96.10 	deliver telecommunications access to the school or school
96.11 	district;
96.12 	(4) costs associated with laying fiber for
96.13 	telecommunications access;
96.14 	(5) costs associated with wiring school or school district
96.15 	buildings;
96.16 	(6) costs associated with purchase, installation, or
96.17 	purchase and installation of Internet filtering; and 
96.18 	(7) costs associated with digital content, including
96.19 	on-line learning or distance learning programming, and
96.20 	information databases.
96.21 		Subd. 2.E-rates. To be eligible for aid under this
96.22 	section, a district or charter school is required to file an
96.23 	e-rate application either separately or through its
96.24 	telecommunications access cluster and have a current technology
96.25 	plan on file with the department.  Discounts received on
96.26 	telecommunications expenditures shall be reflected in the costs
96.27 	submitted to the department for aid under this section.
96.28 		Subd. 3.Reimbursement criteria. The commissioner shall
96.29 	develop criteria for approving costs submitted by school
96.30 	districts and charter schools under subdivision 1.
96.31 		Subd. 4.District aid. For fiscal year 2006, a district
96.32 	or charter school's Internet access equity aid equals 90 percent
96.33 	of the district or charter school's approved cost for the
96.34 	previous fiscal year according to subdivision 1 exceeding $15
96.35 	times the district's adjusted marginal cost pupil units for the
96.36 	previous fiscal year.  For fiscal year 2007 and later, a
97.1 	district or charter school's Internet access equity aid equals
97.2 	90 percent of the district or charter school's approved cost for
97.3 	the previous fiscal year according to subdivision 1 exceeding
97.4 	$18 times the district's adjusted pupil units for the previous
97.5 	fiscal year, as adjusted under section 126C.05, subdivision 14.
97.6 		Subd. 5.Telecommunications/internet access services for
97.7 	nonpublic schools. (a) Districts shall provide each year upon
97.8 	formal request by or on behalf of a nonpublic school, not
97.9 	including home schools, located in that district or area,
97.10 	ongoing or recurring telecommunications access services to the
97.11 	nonpublic school either through existing district providers or
97.12 	through separate providers.
97.13 	(b) The amount of district aid for telecommunications
97.14 	access services for each nonpublic school under this subdivision
97.15 	equals the lesser of:
97.16 	(1) 90 percent of the nonpublic school's approved cost for
97.17 	the previous fiscal year according to subdivision 1 exceeding
97.18 	$10 for fiscal year 2006 and $13 for fiscal year 2007 and later
97.19 	times the number of weighted pupils enrolled at the nonpublic
97.20 	school as of October 1 of the previous school year; or 
97.21 	(2) the product of the district's aid per pupil unit
97.22 	according to subdivision 4 times the number of weighted pupils
97.23 	enrolled at the nonpublic school as of October 1 of the previous
97.24 	school year.
97.25 	(c) For purposes of this subdivision, nonpublic school
97.26 	pupils shall be weighted by grade level using the weighting
97.27 	factors defined in section 126C.05, subdivision 1.
97.28 	(d) Each year, a district providing services under
97.29 	paragraph (a) may claim up to five percent of the aid determined
97.30 	in paragraph (b) for costs of administering this subdivision.
97.31 	No district may expend an amount for these telecommunications
97.32 	access services which exceeds the amount allocated under this
97.33 	subdivision.  The nonpublic school is responsible for the
97.34 	Internet access costs not covered by this section.
97.35 	(e) At the request of a nonpublic school, districts may
97.36 	allocate the amount determined in paragraph (b) directly to the
98.1 	nonpublic school to pay for or offset the nonpublic school's
98.2 	costs for telecommunications access services, however, the
98.3 	amount allocated directly to the nonpublic school may not exceed
98.4 	the actual amount of the school's ongoing or recurring
98.5 	telecommunications access costs.
98.6 		Subd. 6.Severability. If any portion of this section is
98.7 	found by a court to be unconstitutional, the remaining portions
98.8 	of the section shall remain in effect.
98.9 	
EFFECTIVE DATE. This section is effective for revenue for
98.10 	fiscal year 2006.

98.11 	Sec. 8. Minnesota Statutes 2004, section 128C.12,
98.12 	subdivision 1, is amended to read:
98.13 		Subdivision 1.Dues and events revenue. (a) The state
98.14 	auditor annually must examine the accounts of, and audit all
98.15 	money paid to, the State High School League by its members.  The
98.16 	audit must include financial and compliance issues.  The state
98.17 	auditor audit must also audit include all money derived from any
98.18 	event sponsored by the league. League audits must include
98.19 	audits of administrative regions of the league.  The league and
98.20 	its administrative regions may not contract with private
98.21 	auditors.  The scope of the state auditor's examinations of the
98.22 	league must be agreed upon by the board and the state auditor,
98.23 	provided that all requirements of this section must be met.
98.24 	(b) The administrative regions of the league may contract
98.25 	with the state auditor or with a private certified public
98.26 	accountant for the audit required by this section.  If the audit
98.27 	is performed by a private certified public accountant, the state
98.28 	auditor may require additional information from the private
98.29 	certified public accountant as the state auditor deems in the
98.30 	public interest.  The state auditor may accept the audit or make
98.31 	additional examinations as the state auditor deems to be in the
98.32 	public interest.

98.33 	Sec. 9. Minnesota Statutes 2004, section 128C.12,
98.34 	subdivision 3, is amended to read:
98.35 		Subd. 3.Copies.  The state auditor board must file
98.36 	copies of the financial and compliance audit report with the
99.1 	commissioner of education and the director of the Legislative
99.2 	Reference Library.

99.3 	Sec. 10. SCHOOLS INTEROPERABILITY FRAMEWORK.
 99.4 	By July 1, 2007, schools, school districts, and the
99.5 	Department of Education must comply with the phase one
99.6 	implementation requirements of the Schools Interoperability
99.7 	Framework specifications to provide for efficient student data
99.8 	sharing.

99.9 	Sec. 11. SCHOOL DATA SHARING WORKING GROUP.
 99.10 		Subdivision 1.Membership. (a) The commissioner of
99.11 	administration and the chief information officer shall convene a
99.12 	working group consisting of representatives of the following:
99.13 	(1) several school districts that are diverse in size and
99.14 	location;
99.15 	(2) charter schools;
99.16 	(3) alternative learning centers;
99.17 	(4) the Department of Education; and 
99.18 	(5) up to three citizens with expertise in information
99.19 	technology.
99.20 	(b) The working group must:
99.21 	(1) develop a uniform data model that is usable for
99.22 	schools, school districts, and the Department of Education and
99.23 	enables effective data sharing among schools, school districts,
99.24 	and the Department of Education; and 
99.25 	(2) evaluate the feasibility, costs, and benefits of
99.26 	consolidating the provision of data processing, storage, and
99.27 	exchange services currently performed by districts with a single
99.28 	provider for all student-related data reported through the
99.29 	Minnesota Automated Reporting Student System; and 
99.30 	(3) define the responsibilities of state agencies, regional
99.31 	management information centers, school districts, and schools in
99.32 	implementing data interoperability, and determine any
99.33 	state-specific requirements for school data interoperability.
99.34 		Subd. 2.Report to legislature. The working group must
99.35 	report on the work performed under subdivision 1 to the
99.36 	legislature by January 15, 2006.  The report must include a
100.1 	recommendation of any legislative changes needed to streamline
100.2 	exchange of data among districts and reports for schools and
100.3 	school districts.  The report must include a recommendation on
100.4 	the feasibility of consolidating the provision of student data
100.5 	processing products and services by the state on behalf of
100.6 	school districts.

100.7 	Sec. 12. TESTING BASED ON A GROWTH MODEL.
 100.8 	(a) For the purposes of the No Child Left Behind Act,
100.9 	Public Law 107-110, and the statewide testing and reporting
100.10 	system under Minnesota Statutes, section 120B.30, the
100.11 	commissioner of education must select computer-based adaptive
100.12 	assessments that accurately measure student achievement and
100.13 	student growth across time.  The selected assessments must be
100.14 	aligned with Minnesota standards, use a common scale score over
100.15 	multiple grades or ages, have been used by Minnesota school
100.16 	districts, and be capable of being used for source data for a
100.17 	growth or value-added model of school evaluation.  An assessment
100.18 	selected under this section administered at the high school
100.19 	level must be aligned with college entrance requirements.  In
100.20 	addition to reporting requirements in Minnesota Statutes,
100.21 	section 120B.30, the commissioner must report assessment result
100.22 	data in a way that shows the growth trends over time for
100.23 	students in four groups:
100.24 	(1) performing above grade level;
100.25 	(2) performing at grade level;
100.26 	(3) approaching grade-level performance; and 
100.27 	(4) performing significantly below grade level.
100.28 	If the federal Department of Education does not approve the use
100.29 	of the computer-adaptive assessments selected under this
100.30 	section, the commissioner must notify the federal Department of
100.31 	Education that Minnesota is opting out of the provisions of the
100.32 	No Child Left Behind Act.
100.33 	(b) The Department of Education must assist schools that
100.34 	are eligible to receive Microsoft settlement cy pres program
100.35 	vouchers in using the vouchers to acquire equipment and software
100.36 	necessary to administer the assessment selected under this
101.1 	section.

101.2 	Sec. 13. STUDENT PORTFOLIO DEMONSTRATION PROJECT.
 101.3 		Subdivision 1.Assessment. The commissioner of education
101.4 	shall select up to three school districts to participate in a
101.5 	student portfolio demonstration project.  Demonstration project
101.6 	participants must use a portfolio assessment that has
101.7 	demonstrated content validity with respect to the required
101.8 	academic standards under Minnesota Statutes, section 120B.021,
101.9 	and are aligned with appropriate benchmarks established under
101.10 	Minnesota Statutes, section 120B.023.  Districts that are part
101.11 	of the demonstration project may use the student portfolio to
101.12 	comply with the assessment portion of the No Child Left Behind
101.13 	Act.
101.14 		Subd. 2.Application. A school district must submit an
101.15 	application in the form and manner prescribed by the
101.16 	commissioner in order to participate in the demonstration
101.17 	project.  A school district's application must include a plan
101.18 	indicating the grade level and content area in which student
101.19 	portfolios will be used.
101.20 		Subd. 3.Commissioner. (a) The commissioner shall
101.21 	determine the technical soundness of the portfolio assessment
101.22 	selected by a school district.  In addition, the commissioner
101.23 	shall determine comparability of the chosen assessment to the
101.24 	state-administered tests used in other grade levels.
101.25 	(b) The commissioner shall submit a request to the federal
101.26 	Department of Education to use a local assessment model that
101.27 	uses student portfolios for compliance with the assessment
101.28 	portion of the No Child Left Behind Act.

101.29 	Sec. 14. REPEALER.
 101.30 	Minnesota Statutes 2004, sections 123B.749; 124D.095,
101.31 	subdivision 9; and 128C.12, subdivision 4, are repealed.

101.32 	EFFECTIVE DATE. This section is effective for revenue for
101.33 	fiscal year 2006.