1.1 	A bill for an act
1.2 	relating to education; providing for prekindergarten through grade 12 education; 
1.3 	including general education, education excellence, special programs, libraries, 
1.4 	state agencies, and self-sufficiency and lifelong learning; amending Minnesota 
1.5 	Statutes 2006, sections 13.32, by adding a subdivision; 120A.05, subdivision 
1.6 	10a; 120B.02; 120B.021, subdivision 1a; 120B.023, subdivision 2; 121A.035, 
1.7 	subdivision 2; 121A.037; 122A.06, subdivision 4; 122A.07, subdivisions 2, 3; 
1.8 	122A.09, subdivision 4; 122A.18, subdivisions 2, 2a, by adding a subdivision; 
1.9 	123B.14, subdivision 7; 123B.36, subdivision 1; 123B.37, subdivision 1; 
1.10 	123B.77, subdivision 3; 123B.81, subdivisions 3, 5; 123B.83, subdivision 
1.11 	3; 123B.88, subdivision 3; 124D.10, subdivisions 2a, 4a, 6, 6a, 7, 8, 20, 
1.12 	23; 124D.19, subdivision 14; 124D.522; 124D.55; 124D.60, subdivision 1; 
1.13 	125A.02, subdivision 1; 125A.15; 125A.51; 125A.65, subdivision 4, by adding 
1.14 	a subdivision; 125A.744, subdivision 3; 125B.07, by adding a subdivision; 
1.15 	126C.40, subdivision 6; 134.31, subdivision 6, by adding a subdivision; 
1.16 	299F.30, subdivision 1; Minnesota Statutes 2007 Supplement, sections 
1.17 	120B.021, subdivision 1; 120B.024; 120B.30; 123B.81, subdivision 4; 124D.10, 
1.18 	subdivisions 4, 23a; 134.31, subdivision 4a; proposing coding for new law in 
1.19 	Minnesota Statutes, chapters 1; 121A; 125B; 127A; 134; repealing Minnesota 
1.20 	Statutes 2006, sections 121A.23; 121A.67; Laws 2006, chapter 263, article 3, 
1.21 	section 16.
1.22 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.23 	ARTICLE 1
1.24 	GENERAL EDUCATION

1.25 	Section 1. Minnesota Statutes 2006, section 123B.14, subdivision 7, is amended to read:
1.26 		Subd. 7.Clerk records. The clerk shall keep a record of all meetings of the 
1.27 	district and the board in books provided by the district for that purpose. The clerk shall, 
1.28 	within three days after an election, notify all persons elected of their election. By August
1.29 	September 15 of each year the clerk shall file with the board a report of the revenues, 
1.30 	expenditures and balances in each fund for the preceding fiscal year. The report together 
2.1 	with vouchers and supporting documents shall subsequently be examined by a public 
2.2 	accountant or the state auditor, either of whom shall be paid by the district, as provided 
2.3 	in section 123B.77, subdivision 3. The board shall by resolution approve the report or 
2.4 	require a further or amended report. By AugustSeptember 15 of each year, the clerk shall 
2.5 	make and transmit to the commissioner certified reports, showing: 
2.6 	(1) The condition and value of school property;
2.7 	(2) The revenues and expenditures in detail, and such other financial information 
2.8 	required by law, rule, or as may be called for by the commissioner;
2.9 	(3)(2) The length of school term and the enrollment and attendance by grades; and
2.10 	(4)(3) Such other items of information as may be called for by the commissioner.
2.11 	The clerk shall enter in the clerk's record book copies of all reports and of the 
2.12 	teachers' term reports, as they appear in the registers, and of the proceedings of any 
2.13 	meeting as furnished by the clerk pro tem, and keep an itemized account of all the 
2.14 	expenses of the district. The clerk shall furnish to the auditor of the proper county, by 
2.15 	October 10September 30 of each year, an attested copy of the clerk's record, showing the 
2.16 	amount of moneyproposed property taxes voted by the district or the board for school 
2.17 	purposes; draw and sign all orders upon the treasurer for the payment of money for bills 
2.18 	allowed by the board for salaries of officers and for teachers' wages and all claims, to be 
2.19 	countersigned by the chair. Such orders must state the consideration, payee, and the 
2.20 	fund and the clerk shall take a receipt therefor. Teachers' wages shall have preference in 
2.21 	the order in which they become due, and no money applicable for teachers' wages shall 
2.22 	be used for any other purpose, nor shall teachers' wages be paid from any fund except 
2.23 	that raised or apportioned for that purpose.

2.24 	Sec. 2. Minnesota Statutes 2006, section 123B.77, subdivision 3, is amended to read:
2.25 		Subd. 3.Statement for comparison and correction. (a) By November 30 of the 
2.26 	calendar year of the submission of the unaudited financial data, the district must provide to 
2.27 	the commissioner audited financial data for the preceding fiscal year. The audit must be 
2.28 	conducted in compliance with generally accepted governmental auditing standards, the 
2.29 	federal Single Audit Act, and the Minnesota legal compliance guide issued by the Office 
2.30 	of the State Auditor. An audited financial statement prepared in a form which will allow 
2.31 	comparison with and correction of material differences in the unaudited financial data 
2.32 	shall be submitted to the commissioner and the state auditor by December 31. The audited 
2.33 	financial statement must also provide a statement of assurance pertaining to uniform 
2.34 	financial accounting and reporting standards compliance and a copy of the management 
2.35 	letter submitted to the district by the school district's auditor.
3.1 	(b) By JanuaryFebruary 15 of the calendar year following the submission of the 
3.2 	unaudited financial data, the commissioner shall convert the audited financial data 
3.3 	required by this subdivision into the consolidated financial statement format required 
3.4 	under subdivision 1a and publish the information on the department's Web site.

3.5 	Sec. 3. Minnesota Statutes 2006, section 123B.81, subdivision 3, is amended to read:
3.6 		Subd. 3.Debt verification. The commissioner shall establish a uniform auditing or 
3.7 	other verification procedure for districts to determine whether a statutory operating debt 
3.8 	exists in any Minnesota school district as of June 30, 1977. This procedure must identify 
3.9 	all interfund transfers made during fiscal year 1977 from a fund included in computing 
3.10 	statutory operating debt to a fund not included in computing statutory operating debt. 
3.11 	The standards for this uniform auditing or verification procedure must be promulgated 
3.12 	by the state board pursuant to chapter 14. If a district applies to the commissioner for 
3.13 	a statutory operating debt verification or if the unaudited financial statement for the 
3.14 	school year ending June 30, 1977 reveals that a statutory operating debt might exist, the 
3.15 	commissioner shall require a verification of the amount of the statutory operating debt 
3.16 	which actually does exist.

3.17 	Sec. 4. Minnesota Statutes 2007 Supplement, section 123B.81, subdivision 4, is 
3.18 	amended to read:
3.19 		Subd. 4.Debt elimination. If an audit or other verification procedure conducted 
3.20 	pursuant to subdivision 3 determines that a statutory operating debt exists, a district 
3.21 	must follow the procedures set forth in this section 123B.83 to eliminate this statutory 
3.22 	operating debt. 

3.23 	Sec. 5. Minnesota Statutes 2006, section 123B.81, subdivision 5, is amended to read:
3.24 		Subd. 5.Certification of debt. The commissioner shall certify the amount of 
3.25 	statutory operating debt for each district. Prior to June 30, 1979, the commissioner may, 
3.26 	on the basis of corrected figures, adjust the total amount of statutory operating debt 
3.27 	certified for any district.

3.28 	Sec. 6. Minnesota Statutes 2006, section 123B.83, subdivision 3, is amended to read:
3.29 		Subd. 3.Failure to limit expenditures. If a district does not limit its expenditures in 
3.30 	accordance with this section, the commissioner may so notify the appropriate committees 
3.31 	of the legislature by no later than January 1February 15 of the year following the end 
3.32 	of that fiscal year.

4.1 	Sec. 7. Minnesota Statutes 2006, section 124D.10, subdivision 6a, is amended to read:
4.2 		Subd. 6a.Audit report. (a) The charter school must submit an audit report to the 
4.3 	commissioner by December 31 each year. 
4.4 	(b) The charter school, with the assistance of the auditor conducting the audit, must 
4.5 	include with the report a copy of all charter school agreements for corporate management 
4.6 	services. If the entity that provides the professional services to the charter school is 
4.7 	exempt from taxation under section 501 of the Internal Revenue Code of 1986, that entity 
4.8 	must file with the commissioner by February 15 a copy of the annual return required under 
4.9 	section 6033 of the Internal Revenue Code of 1986. 
4.10 	(c) If the commissioner receives as part of thean audit report a management letter
4.11 	indicating that a material weakness exists in the financial reporting systems of a charter 
4.12 	school, the charter school must submit a written report to the commissioner explaining 
4.13 	how the material weakness will be resolved. 
4.14 	(d) Upon the request of an individual, the charter school must make available in a 
4.15 	timely fashion the minutes of meetings of members, the board of directors, and committees 
4.16 	having any of the authority of the board of directors, and statements showing the financial 
4.17 	result of all operations and transactions affecting income and surplus during the school's 
4.18 	last annual accounting period and a balance sheet containing a summary of its assets and 
4.19 	liabilities as of the closing date of the accounting period.

4.20 	Sec. 8. Minnesota Statutes 2006, section 124D.10, subdivision 8, is amended to read:
4.21 		Subd. 8.State and local requirements. (a) A charter school shall meet all 
4.22 	applicablefederal, state, and local health and safety requirements applicable to school 
4.23 	districts.
4.24 	(b) A school sponsored by a school board may be located in any district, unless the 
4.25 	school board of the district of the proposed location disapproves by written resolution.
4.26 	(c) A charter school must be nonsectarian in its programs, admission policies, 
4.27 	employment practices, and all other operations. A sponsor may not authorize a charter 
4.28 	school or program that is affiliated with a nonpublic sectarian school or a religious 
4.29 	institution.
4.30 	(d) Charter schools must not be used as a method of providing education or 
4.31 	generating revenue for students who are being home-schooled.
4.32 	(e) The primary focus of a charter school must be to provide a comprehensive 
4.33 	program of instruction for at least one grade or age group from five through 18 years 
4.34 	of age. Instruction may be provided to people younger than five years and older than 
4.35 	18 years of age.
5.1 	(f) A charter school may not charge tuition.
5.2 	(g) A charter school is subject to and must comply with chapter 363A and section 
5.3 	121A.04. 
5.4 	(h) A charter school is subject to and must comply with the Pupil Fair Dismissal 
5.5 	Act, sections 121A.40 to 121A.56, and the Minnesota Public School Fee Law, sections 
5.6 	123B.34 to 123B.39. 
5.7 	(i) A charter school is subject to the same financial audits, audit procedures, and 
5.8 	audit requirements as a district. Audits must be conducted in compliance with generally 
5.9 	accepted governmental auditing standards, the Federal Single Audit Act, if applicable, 
5.10 	and section 6.65. A charter school is subject to and must comply with sections 15.054; 
5.11 	118A.01; 118A.02; 118A.03; 118A.04; 118A.05; 118A.06; 123B.52, subdivision 5; 
5.12 	471.38; 471.391; 471.392; 471.425; 471.87; 471.88, subdivisions 1, 2, 3, 4, 5, 6, 12, 13, 
5.13 	and 15; 471.881; and 471.89. The audit must comply with the requirements of sections 
5.14 	123B.75 to 123B.83, except to the extent deviations are necessary because of the program 
5.15 	at the school. Deviations must be approved by the commissioner. The Department 
5.16 	of Education, state auditor, or legislative auditor may conduct financial, program, or 
5.17 	compliance audits. A charter school determined to be in statutory operating debt under 
5.18 	sections 123B.81 to 123B.83 must submit a plan under section 123B.81, subdivision 4. 
5.19 	(j) A charter school is a district for the purposes of tort liability under chapter 466.
5.20 	(k) A charter school must comply with sections 13.32; 120A.22, subdivision 7; 
5.21 	121A.75; and 260B.171, subdivisions 3 and 5. 
5.22 	(l) A charter school is subject to the Pledge of Allegiance requirement under section 
5.23 	121A.11, subdivision 3. 

5.24 	Sec. 9. Minnesota Statutes 2006, section 124D.10, subdivision 23, is amended to read:
5.25 		Subd. 23.Causes for nonrenewal or termination of charter school contract. (a) 
5.26 	The duration of the contract with a sponsor must be for the term contained in the contract 
5.27 	according to subdivision 6. The sponsor may or may not renew a contract at the end of 
5.28 	the term for any ground listed in paragraph (b). A sponsor may unilaterally terminate a 
5.29 	contract during the term of the contract for any ground listed in paragraph (b). At least 60 
5.30 	days before not renewing or terminating a contract, the sponsor shall notify the board of 
5.31 	directors of the charter school of the proposed action in writing. The notice shall state the 
5.32 	grounds for the proposed action in reasonable detail and that the charter school's board of 
5.33 	directors may request in writing an informal hearing before the sponsor within 14 days 
5.34 	of receiving notice of nonrenewal or termination of the contract. Failure by the board of 
5.35 	directors to make a written request for a hearing within the 14-day period shall be treated 
6.1 	as acquiescence to the proposed action. Upon receiving a timely written request for a 
6.2 	hearing, the sponsor shall give reasonable notice to the charter school's board of directors 
6.3 	of the hearing date. The sponsor shall conduct an informal hearing before taking final 
6.4 	action. The sponsor shall take final action to renew or not renew a contract by the last day 
6.5 	of classes in the school year. If the sponsor is a local board, the school's board of directors 
6.6 	may appeal the sponsor's decision to the commissioner.
6.7 	(b) A contract may be terminated or not renewed upon any of the following grounds:
6.8 	(1) failure to meet the requirements for pupil performance contained in the contract;
6.9 	(2) failure to meet generally accepted standards of fiscal management;
6.10 	(3) violations of law; or
6.11 	(4) other good cause shown.
6.12 	If a contract is terminated or not renewed under this paragraph, the school must be 
6.13 	dissolved according to the applicable provisions of chapter 308A or 317A, except when 
6.14 	the commissioner approves the decision of a different eligible sponsor to authorize the 
6.15 	charter school.
6.16 	(c) If at the end of a contract term, either the sponsor or the charter school board of 
6.17 	directors wants to voluntarily terminate the contract, a change in sponsors is allowed if the 
6.18 	commissioner approves the decision of a different eligible sponsor to authorize the charter 
6.19 	school. The commissioner shall consider whether the charter school and prospective 
6.20 	new sponsor have addressed any outstanding issues raised by the previous sponsor when 
6.21 	determining whether to grant the change of sponsor. The party intending to terminate the 
6.22 	contract must notify the other party and the commissioner of its intent at least 90 days 
6.23 	before the date on which the contract ends. The sponsor that is a party to the existing 
6.24 	contract at least must inform the approved different eligible sponsor about the fiscal and 
6.25 	student performance of the school. If no different eligible sponsor is approved, the school 
6.26 	must be dissolved according to applicable law and the terms of the contract.
6.27 	(d) The commissioner, after providing reasonable notice to the board of directors 
6.28 	of a charter school and the existing sponsor, and after providing an opportunity for a 
6.29 	public hearing, may terminate the existing sponsorial relationship if the charter school 
6.30 	has a history of:
6.31 	(1) financial mismanagement; or
6.32 	(2) repeated violations of the law.

6.33 	Sec. 10. Minnesota Statutes 2006, section 126C.40, subdivision 6, is amended to read:
7.1 		Subd. 6.Lease purchase; installment buys. (a) Upon application to, and approval 
7.2 	by, the commissioner in accordance with the procedures and limits in subdivision 1, 
7.3 	paragraphs (a) and (b), a district, as defined in this subdivision, may:
7.4 	(1) purchase real or personal property under an installment contract or may lease 
7.5 	real or personal property with an option to purchase under a lease purchase agreement, by 
7.6 	which installment contract or lease purchase agreement title is kept by the seller or vendor 
7.7 	or assigned to a third party as security for the purchase price, including interest, if any; and
7.8 	(2) annually levy the amounts necessary to pay the district's obligations under the 
7.9 	installment contract or lease purchase agreement.
7.10 	(b) The obligation created by the installment contract or the lease purchase 
7.11 	agreement must not be included in the calculation of net debt for purposes of section 
7.12 	475.53, and does not constitute debt under other law. An election is not required in 
7.13 	connection with the execution of the installment contract or the lease purchase agreement. 
7.14 	(c) The proceeds of the levy authorized by this subdivision must not be used to 
7.15 	acquire a facility to be primarily used for athletic or school administration purposes.
7.16 	(d) For the purposes of this subdivision, "district" means:
7.17 	(1) a racially isolated school district or a school district with a racially identifiable 
7.18 	school required to have a comprehensivedesegregation or integration plan for the 
7.19 	elimination of segregationunder Minnesota Rules, parts 3535.0100 to 3535.0180, which 
7.20 	is eligible for revenue under section 124D.86, subdivision 3, clause (1), (2), or (3), 
7.21 	and whose plan has been determined by the commissioner to be in compliance with 
7.22 	Department of Education rules relating to equality of educational opportunity and school 
7.23 	desegregation and, for a district eligible for revenue under section 124D.86, subdivision 3, 
7.24 	clause (4) or (5), where the acquisition of property under this subdivision is determined by 
7.25 	the commissioner to contribute to the implementation of the desegregation plan; or 
7.26 	(2) a school district that participates in a joint program for interdistrict desegregation 
7.27 	with a district defined in clause (1) if the facility acquired under this subdivision is to 
7.28 	be primarily used for the joint program and the commissioner determines that the joint 
7.29 	programs are being undertaken to implement the districts' desegregation plan.
7.30 	(e) Notwithstanding subdivision 1, the prohibition against a levy by a district to lease 
7.31 	or rent a district-owned building to itself does not apply to levies otherwise authorized 
7.32 	by this subdivision.
7.33 	(f) For the purposes of this subdivision, any references in subdivision 1 to building 
7.34 	or land shall include personal property.

8.1 	ARTICLE 2
8.2 	EDUCATION EXCELLENCE

8.3 	Section 1. [1.1499] STATE SPORT.
8.4 	Ice hockey is adopted as the official sport of the state of Minnesota.

8.5 	Sec. 2. Minnesota Statutes 2006, section 13.32, is amended by adding a subdivision to 
8.6 	read:
8.7 		Subd. 11.Data sharing; improving instruction.  The following educational data 
8.8 	may be shared between the Department of Education and the Minnesota Office of Higher 
8.9 	Education as authorized by the Code of Federal Regulations, title 34, section 99.31(a)(6), 
8.10 	to analyze instruction in school districts for purposes of improvement:
8.11 	(1) attendance data, including name of school or institution, school district, year or 
8.12 	term of attendance, and term type;
8.13 	(2) student demographic and enrollment data;
8.14 	(3) academic performance and testing data; and 
8.15 	(4) special academic services received by a student.
8.16 	Any analysis of or report on the data must contain only summary data.

8.17 	Sec. 3. Minnesota Statutes 2006, section 120B.02, is amended to read:
8.18 	120B.02 EDUCATIONAL EXPECTATIONS FOR MINNESOTA'S 
8.19 	STUDENTS.
8.20 	(a) The legislature is committed to establishing rigorous academic standards for 
8.21 	Minnesota's public school students. To that end, the commissioner shall adopt in rule 
8.22 	statewide academic standards. The commissioner shall not prescribe in rule or otherwise 
8.23 	the delivery system, classroom assessments, or form of instruction that school sites must 
8.24 	use. For purposes of this chapter, a school site is a separate facility, or a separate program 
8.25 	within a facility that a local school board recognizes as a school site for funding purposes.
8.26 	(b) All commissioner actions regarding the rule must be premised on the following:
8.27 	(1) the rule is intended to raise academic expectations for students, teachers, and 
8.28 	schools;
8.29 	(2) any state action regarding the rule must evidence consideration of school district 
8.30 	autonomy; and
8.31 	(3) the Department of Education, with the assistance of school districts, must make 
8.32 	available information about all state initiatives related to the rule to students and parents, 
9.1 	teachers, and the general public in a timely format that is appropriate, comprehensive, and 
9.2 	readily understandable.
9.3 	(c) When fully implemented, the requirements for high school graduation in 
9.4 	Minnesota must require students to satisfactorily complete, as determined by the school 
9.5 	district, the course credit requirements under section 120B.024 and: successfully pass 
9.6 	graduation examinations as required under section 120B.30.
9.7 	(1) for students enrolled in grade 8 before the 2005-2006 school year, to pass the 
9.8 	basic skills test requirements; and
9.9 	(2) for students enrolled in grade 8 in the 2005-2006 school year and later, to pass 
9.10 	the Minnesota Comprehensive Assessments Second Edition (MCA-IIs).
9.11 	(d) The commissioner shall periodically review and report on the state's assessment 
9.12 	process.
9.13 	(e) School districts are not required to adopt specific provisions of the federal 
9.14 	School-to-Work programs.

9.15 	Sec. 4. Minnesota Statutes 2007 Supplement, section 120B.021, subdivision 1, is 
9.16 	amended to read:
9.17 		Subdivision 1.Required academic standards. (a) The following subject areas 
9.18 	are required for statewide accountability:
9.19 	(1) language arts;
9.20 	(2) mathematics;
9.21 	(3) science;
9.22 	(4) social studies, including history, geography, economics, and government and 
9.23 	citizenship;
9.24 	(5) physical education;
9.25 	(6) health and physical education, for which locally developed academic standards 
9.26 	apply; and
9.27 	(6)(7) the arts, for which statewide or locally developed academic standards apply, 
9.28 	as determined by the school district. Public elementary and middle schools must offer at 
9.29 	least three and require at least two of the following four arts areas: dance; music; theater; 
9.30 	and visual arts. Public high schools must offer at least three and require at least one of the 
9.31 	following five arts areas: media arts; dance; music; theater; and visual arts.
9.32 	(b) To satisfy this subdivision and the one-half credit physical education requirement 
9.33 	under section 120B.024, paragraph (a), clause (6), the state physical education standard 
9.34 	under paragraph (a) of this subdivision selected by a school district must be consistent 
9.35 	with either the six physical education standards developed by the department's quality 
10.1 	teaching network or the six National Physical Education Standards developed by the 
10.2 	National Association for Sport and Physical Education. To satisfy federal reporting 
10.3 	requirements for continued funding under Title VII of the Physical Education for Progress 
10.4 	Act, a school district must notify the department, if applicable, of its intent to comply 
10.5 	with this subdivision.
10.6 	(c) The commissioner must submit proposed standards in science and social studies 
10.7 	to the legislature by February 1, 2004.
10.8 	(d) For purposes of applicable federal law, the academic standards for language arts, 
10.9 	mathematics, and science apply to all public school students, except the very few students 
10.10 	with extreme cognitive or physical impairments for whom an individualized education 
10.11 	plan team has determined that the required academic standards are inappropriate. An 
10.12 	individualized education plan team that makes this determination must establish alternative 
10.13 	standards with appropriate alternate achievement standards based on these academic 
10.14 	standards for students with individualized education plans as described under federal law.
10.15 	(e) A school district, no later than the 2007-2008 school year, must adopt graduation 
10.16 	requirements that meet or exceed state graduation requirements established in law or 
10.17 	rule. A school district that incorporates these state graduation requirements before the 
10.18 	2007-2008 school year must provide students who enter the 9th grade in or before 
10.19 	the 2003-2004 school year the opportunity to earn a diploma based on existing locally 
10.20 	established graduation requirements in effect when the students entered the 9th grade. 
10.21 	District efforts to develop, implement, or improve instruction or curriculum as a result 
10.22 	of the provisions of this section must be consistent with sections 120B.10, 120B.11, 
10.23 	and 120B.20. 
10.24 	(f) The commissioner must include the contributions of Minnesota American Indian 
10.25 	tribes and communities as they relate to the academic standards during the review and 
10.26 	revision of the required academic standards.

10.27 	EFFECTIVE DATE. This section is effective the day following final enactment 
10.28 	except that paragraph (a), clause (5), applies to students entering the ninth grade in the 
10.29 	2009-2010 school year and later.

10.30 	Sec. 5. Minnesota Statutes 2006, section 120B.021, subdivision 1a, is amended to read:
10.31 		Subd. 1a.Rigorous course of study; waiver. (a) Upon receiving a student's 
10.32 	application signed by the student's parent or guardian, a school district, area learning 
10.33 	center, or charter school must declare that a student meets or exceeds a specific academic 
10.34 	standard required for graduation under this section if the local school board, the school 
11.1 	board of the school district in which the area learning center is located, or the charter 
11.2 	school board of directors determines that the student:
11.3 	(1) is participating in a course of study, including an advanced placement or 
11.4 	international baccalaureate course or program; a learning opportunity outside the 
11.5 	curriculum of the district, area learning center, or charter school; or an approved 
11.6 	preparatory program for employment or postsecondary education that is equally or more 
11.7 	rigorous than the corresponding state or local academic standard required by the district, 
11.8 	area learning center, or charter school;
11.9 	(2) would be precluded from participating in the rigorous course of study, learning 
11.10 	opportunity, or preparatory employment or postsecondary education program if the student 
11.11 	were required to achieve the academic standard to be waived; and
11.12 	(3) satisfactorily completes the requirements for the rigorous course of study, 
11.13 	learning opportunity, or preparatory employment or postsecondary education program.
11.14 	Consistent with the requirements of this section, the local school board, the school board 
11.15 	of the school district in which the area learning center is located, or the charter school 
11.16 	board of directors also may formally determine other circumstances in which to declare 
11.17 	that a student meets or exceeds a specific academic standard that the site requires for 
11.18 	graduation under this section.
11.19 	(b) A student who satisfactorily completes a postsecondary enrollment options 
11.20 	course or program under section 124D.09, or an advanced placement or international 
11.21 	baccalaureate course or program under section 120B.13, is not required to complete other 
11.22 	requirements of the academic standards corresponding to that specific rigorous course 
11.23 	of study.
11.24 	(c) Notwithstanding section 120B.021, subdivision 1, a school board shall, upon the 
11.25 	written application by the parent or guardian of a student, waive the requirement that the 
11.26 	student complete the physical education credit under section 120B.024. This waiver shall 
11.27 	not be construed as reducing the total credits required for graduation.

11.28 	Sec. 6. Minnesota Statutes 2006, section 120B.023, subdivision 2, is amended to read:
11.29 		Subd. 2.Revisions and reviews required. (a) The commissioner of education must 
11.30 	revise and appropriately embed technology and information literacy standards consistent 
11.31 	with recommendations from school media specialists into the state's academic standards 
11.32 	and graduation requirements and implement a review cycle for state academic standards 
11.33 	and related benchmarks, consistent with this subdivision. During each review cycle, the 
11.34 	commissioner also must examine the alignment of each required academic standard and 
12.1 	related benchmark with the knowledge and skills students need for college readiness and 
12.2 	advanced work in the particular subject area.
12.3 	(b) The commissioner in the 2006-2007 school year must revise and align the state's 
12.4 	academic standards and high school graduation requirements in mathematics to require 
12.5 	that students satisfactorily complete the revised mathematics standards, beginning in the 
12.6 	2010-2011 school year. Under the revised standards:
12.7 	(1) students must satisfactorily complete an algebra I credit by the end of eighth 
12.8 	grade; and
12.9 	(2) students scheduled to graduate in the 2014-2015 school year or later must 
12.10 	satisfactorily complete an algebra II credit or its equivalent.
12.11 	The commissioner also must ensure that the statewide mathematics assessments 
12.12 	administered to students in grades 3 through 8 and 11 beginning in the 2010-2011 school 
12.13 	year are aligned with the state academic standards in mathematics. The commissioner 
12.14 	must ensure that the statewide 11th grade mathematics testassessment administered to 
12.15 	students under clause (2)in grade 11 beginning in the 2013-2014 school year must 
12.16 	includeis aligned with state academic standards in mathematics, including algebra II test 
12.17 	items that are aligned with corresponding state academic standards in mathematics. The 
12.18 	commissioner must implement a review of the academic standards and related benchmarks 
12.19 	in mathematics beginning in the 2015-2016 school year.
12.20 	(c) The commissioner in the 2007-2008 school year must revise and align the state's 
12.21 	academic standards and high school graduation requirements in the arts to require that 
12.22 	students satisfactorily complete the revised arts standards beginning in the 2010-2011 
12.23 	school year. The commissioner must implement a review of the academic standards and 
12.24 	related benchmarks in arts beginning in the 2016-2017 school year.
12.25 	(d) The commissioner in the 2008-2009 school year must revise and align the state's 
12.26 	academic standards and high school graduation requirements in science to require that 
12.27 	students satisfactorily complete the revised science standards, beginning in the 2011-2012 
12.28 	school year. The commissioner also must ensure that the statewide science assessments 
12.29 	administered to students as described under section 120B.30, subdivision 1a, beginning 
12.30 	in the 2011-2012 school year are aligned with the state academic standards in science. 
12.31 	Under the revised standards, students scheduled to graduate in the 2014-2015 school year 
12.32 	or later must satisfactorily complete a chemistry or physics credit. The commissioner 
12.33 	must implement a review of the academic standards and related benchmarks in science 
12.34 	beginning in the 2017-2018 school year.
12.35 	(e) The commissioner in the 2009-2010 school year must revise and align the state's 
12.36 	academic standards and high school graduation requirements in language arts to require 
13.1 	that students satisfactorily complete the revised language arts standards beginning in the 
13.2 	2012-2013 school year. The commissioner also must ensure that the statewide language 
13.3 	arts assessments administered to students in grades 3 through 8 and grade 10 beginning 
13.4 	in the 2012-2013 school year are aligned with the state academic standards in language 
13.5 	arts. The commissioner must implement a review of the academic standards and related 
13.6 	benchmarks in language arts beginning in the 2018-2019 school year.
13.7 	(f) The commissioner in the 2010-2011 school year must revise and align the state's 
13.8 	academic standards and high school graduation requirements in social studies to require 
13.9 	that students satisfactorily complete the revised social studies standards beginning in the 
13.10 	2013-2014 school year. The commissioner must implement a review of the academic 
13.11 	standards and related benchmarks in social studies beginning in the 2019-2020 school year.
13.12 	(g) School districts and charter schools must revise and align local academic 
13.13 	standards and high school graduation requirements in health, physical education, world 
13.14 	languages, and career and technical education to require students to complete the revised 
13.15 	standards beginning in a school year determined by the school district or charter school. 
13.16 	School districts and charter schools must formally establish a periodic review cycle for 
13.17 	the academic standards and related benchmarks in health, physical education, world 
13.18 	languages, and career and technical education.

13.19 	Sec. 7. Minnesota Statutes 2007 Supplement, section 120B.024, is amended to read:
13.20 	120B.024 GRADUATION REQUIREMENTS; COURSE CREDITS.
13.21 	(a) Students beginning 9th grade in the 2004-2005 school year and later must 
13.22 	successfully complete the following high school level course credits for graduation:
13.23 	(1) four credits of language arts;
13.24 	(2) three credits of mathematics, encompassing at least algebra, geometry, statistics, 
13.25 	and probability sufficient to satisfy the academic standard;
13.26 	(3) three credits of science, including at least one credit in biology;
13.27 	(4) three and one-half credits of social studies, encompassing at least United 
13.28 	States history, geography, government and citizenship, world history, and economics or 
13.29 	three credits of social studies encompassing at least United States history, geography, 
13.30 	government and citizenship, and world history, and one-half credit of economics taught in 
13.31 	a school's social studies, agriculture education, or business department;
13.32 	(5) one credit in the arts; and
13.33 	(6) one-half credit of physical education; and
13.34 	(7) a minimum of seven six and one-half elective course credits.
14.1 	A course credit is equivalent to a student successfully completing an academic 
14.2 	year of study or a student mastering the applicable subject matter, as determined by the 
14.3 	local school district.
14.4 	(b) An agriculture science course may fulfill a science credit requirement in addition 
14.5 	to the specified science credits in biology and chemistry or physics under paragraph (a), 
14.6 	clause (3).
14.7 	(c) A career and technical education course may fulfill a science, mathematics, or 
14.8 	arts credit requirement in addition to the specified science, mathematics, or arts credits 
14.9 	under paragraph (a), clause (2), (3), or (5).

14.10 	EFFECTIVE DATE. This section is effective the day following final enactment 
14.11 	and applies to students entering ninth grade in the 2009-2010 school year and later.

14.12 	Sec. 8. Minnesota Statutes 2007 Supplement, section 120B.30, is amended to read:
14.13 	120B.30 STATEWIDE TESTING AND REPORTING SYSTEM.
14.14 		Subdivision 1.Statewide testing. (a) The commissioner, with advice from experts 
14.15 	with appropriate technical qualifications and experience and stakeholders, consistent with 
14.16 	subdivision 1a, shall include in the comprehensive assessment system, for each grade 
14.17 	level to be tested, state-constructed tests developed from and aligned with the state's 
14.18 	required academic standards under section 120B.021 and administered annually to all 
14.19 	students in grades 3 through 8 and at the high school level. A state-developed test in a 
14.20 	subject other than writing, developed after the 2002-2003 school year, must include both 
14.21 	machine-scoreable and constructed response questions. The commissioner shall establish 
14.22 	one or more months during which schools shall administer the tests to students each school 
14.23 	year. Schools selected for stand-alone state field testing or other national sampling by the 
14.24 	department must participate as requested. Superintendents or charter school directors may 
14.25 	appeal in writing to the commissioner of education or the commissioner's designee for 
14.26 	exemption from a selected field test if undue hardship is demonstrated. For students 
14.27 	enrolled in grade 8 before the 2005-2006 school year, only Minnesota basic skills tests in 
14.28 	reading, mathematics, and writing shall fulfill students' basic skills testing requirements for 
14.29 	a passing state notation. The passing scores of basic skills tests in reading and mathematics 
14.30 	are the equivalent of 75 percent correct for students entering grade 9 in 1997 and thereafter, 
14.31 	as based on the first uniform test administration of administered in February 1998.
14.32 	(b) For students enrolled in grade 8 in the 2005-2006 school year and later, only the 
14.33 	following options shall fulfill students' state graduation test requirements:
14.34 	(1) for reading and mathematics:
15.1 	(i) obtaining an achievement level equivalent to or greater than proficient as 
15.2 	determined through a standard setting process on the Minnesota comprehensive 
15.3 	assessments in grade 10 for reading and grade 11 for mathematics or achieving a passing 
15.4 	score as determined through a standard setting process on the graduation-required 
15.5 	assessment for diploma in grade 10 for reading and grade 11 for mathematics or 
15.6 	subsequent retests;
15.7 	(ii) achieving a passing score as determined through a standard setting process on the 
15.8 	state-identified language proficiency test in reading and the mathematics test for English 
15.9 	language learners or the graduation-required assessment for diploma equivalent of those 
15.10 	assessments for students designated as English language learners;
15.11 	(iii) achieving an individual passing score on the graduation-required assessment 
15.12 	for diploma as determined by appropriate state guidelines for students with an individual 
15.13 	education plan or 504 plan;
15.14 	(iv) obtaining achievement level equivalent to or greater than proficient as 
15.15 	determined through a standard setting process on the state-identified alternate assessment 
15.16 	or assessments in grade 10 for reading and grade 11 for mathematics for students with 
15.17 	an individual education plan; or
15.18 	(v) achieving an individual passing score on the state-identified alternate assessment 
15.19 	or assessments as determined by appropriate state guidelines for students with an 
15.20 	individual education plan; and
15.21 	(2) for writing:
15.22 	(i) achieving a passing score on the graduation-required assessment for diploma;
15.23 	(ii) achieving a passing score as determined through a standard setting process on 
15.24 	the state-identified language proficiency test in writing for students designated as English 
15.25 	language learners;
15.26 	(iii) achieving an individual passing score on the graduation-required assessment 
15.27 	for diploma as determined by appropriate state guidelines for students with an individual 
15.28 	education plan or 504 plan; or
15.29 	(iv) achieving an individual passing score on the state-identified alternate assessment 
15.30 	or assessments as determined by appropriate state guidelines for students with an 
15.31 	individual education plan.
15.32 	 (c) The 3rd through 8th grade and high school level test results shall be available 
15.33 	to districts for diagnostic purposes affecting student learning and district instruction and 
15.34 	curriculum, and for establishing educational accountability. The commissioner must 
15.35 	disseminate to the public the test results upon receiving those results.
16.1 	 (d) State tests must be constructed and aligned with state academic standards. The
16.2 	commissioner shall determine the testing process and the order of administration shall be 
16.3 	determined by the commissioner. The statewide results shall be aggregated at the site and 
16.4 	district level, consistent with subdivision 1a.
16.5 	 (e) In addition to the testing and reporting requirements under this section, the 
16.6 	commissioner shall include the following components in the statewide public reporting 
16.7 	system:
16.8 	(1) uniform statewide testing of all students in grades 3 through 8 and at the high 
16.9 	school level that provides appropriate, technically sound accommodations, alternate 
16.10 	assessments, or exemptions consistent with applicable federal law, only with parent or 
16.11 	guardian approval, for those very few students for whom the student's individual education 
16.12 	plan team under sections 125A.05 and 125A.06 determines that the general statewide test 
16.13 	is inappropriate for a student, or for a limited English proficiency student under section 
16.14 	124D.59, subdivision 2;
16.15 	(2) educational indicators that can be aggregated and compared across school 
16.16 	districts and across time on a statewide basis, including average daily attendance, high 
16.17 	school graduation rates, and high school drop-out rates by age and grade level;
16.18 	(3) state results on the American College Test; and
16.19 	(4) state results from participation in the National Assessment of Educational 
16.20 	Progress so that the state can benchmark its performance against the nation and other 
16.21 	states, and, where possible, against other countries, and contribute to the national effort 
16.22 	to monitor achievement.
16.23 		Subd. 1a.Statewide and local assessments; results. (a) The commissioner must 
16.24 	develop reading, mathematics, and science assessments aligned with state academic 
16.25 	standards that districts and sites must use to monitor student growth toward achieving 
16.26 	those standards. The commissioner must not develop statewide assessments for academic 
16.27 	standards in social studies, health and physical education, and the arts. The commissioner 
16.28 	must require:
16.29 	(1) annual reading and mathematics assessments in grades 3 through 8 and at the 
16.30 	high school level for the 2005-2006 school year and later; and
16.31 	(2) annual science assessments in one grade in the grades 3 through 5 span, the 
16.32 	grades 6 through 9 8  span, and a life sciences assessment in the grades 10 9 through 12 
16.33 	span for the 2007-2008 school year and later.
16.34 	(b) The commissioner must ensure that all statewide tests administered to elementary 
16.35 	and secondary students measure students' academic knowledge and skills and not students' 
16.36 	values, attitudes, and beliefs.
17.1 	(c) Reporting of assessment results must:
17.2 	(1) provide timely, useful, and understandable information on the performance of 
17.3 	individual students, schools, school districts, and the state;
17.4 	(2) include, by no later than the 2008-2009 school year, a value-added component 
17.5 	that is in addition to a measure for student achievement growth over time; and
17.6 	(3)(i) for students enrolled in grade 8 before the 2005-2006 school year, determine 
17.7 	whether students have met the state's basic skills requirements; and
17.8 	(ii) for students enrolled in grade 8 in the 2005-2006 school year and later, determine 
17.9 	whether students have met the state's academic standards.
17.10 	(d) Consistent with applicable federal law and subdivision 1, paragraph (d), clause 
17.11 	(1), the commissioner must include appropriate, technically sound accommodations or 
17.12 	alternative assessments for the very few students with disabilities for whom statewide 
17.13 	assessments are inappropriate and for students with limited English proficiency.
17.14 	(e) A school, school district, and charter school must administer statewide 
17.15 	assessments under this section, as the assessments become available, to evaluate student 
17.16 	progress in achieving the academic standards. If a state assessment is not available, a 
17.17 	school, school district, and charter school must determine locally if a student has met 
17.18 	the required academic standards. A school, school district, or charter school may use a 
17.19 	student's performance on a statewide assessment as one of multiple criteria to determine 
17.20 	grade promotion or retention. A school, school district, or charter school may use a high 
17.21 	school student's performance on a statewide assessment as a percentage of the student's 
17.22 	final grade in a course, or place a student's assessment score on the student's transcript.
17.23 		Subd. 2.Department of Education assistance. The Department of Education 
17.24 	shall contract for professional and technical services according to competitive bidding 
17.25 	procedures under chapter 16C for purposes of this section.
17.26 		Subd. 3.Reporting. The commissioner shall report test data publicly and to 
17.27 	stakeholders, including the performance achievement levels developed from students' 
17.28 	unweighted test scores in each tested subject and a listing of demographic factors that 
17.29 	strongly correlate with student performance. The commissioner shall also report data that 
17.30 	compares performance results among school sites, school districts, Minnesota and other 
17.31 	states, and Minnesota and other nations. The commissioner shall disseminate to schools 
17.32 	and school districts a more comprehensive report containing testing information that 
17.33 	meets local needs for evaluating instruction and curriculum.
17.34 		Subd. 4.Access to tests. The commissioner must adopt and publish a policy 
17.35 	to provide public and parental access for review of basic skills tests, Minnesota 
17.36 	Comprehensive Assessments, or any other such statewide test and assessment. Upon 
18.1 	receiving a written request, the commissioner must make available to parents or guardians 
18.2 	a copy of their student's actual responses to the test questions to be reviewed by the 
18.3 	parent for their review.

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

18.5 	Sec. 9. Minnesota Statutes 2006, section 121A.035, subdivision 2, is amended to read:
18.6 		Subd. 2.School district and charter school policy. A school board and a 
18.7 	charter school must adopt a crisis management policy to address potential violent crisis 
18.8 	situations in the district or charter school. The policy must be developed cooperatively 
18.9 	with administrators, teachers, employees, students, parents, community members, law 
18.10 	enforcement agencies, other emergency management officials, county attorney offices, 
18.11 	social service agencies, emergency medical responders, and any other appropriate 
18.12 	individuals or organizations. The policy must include at least five school lock-down 
18.13 	drills, five school fire drills consistent with section 299F.30, and one tornado drill, and an 
18.14 	expectation that students be present and participate in these drills. 

18.15 	EFFECTIVE DATE. This section is effective for the 2008-2009 school year and 
18.16 	later.

18.17 	Sec. 10. Minnesota Statutes 2006, section 121A.037, is amended to read:
18.18 	121A.037 SCHOOL SAFETY DRILLS.
18.19 	Private schools and educational institutions not subject to section 121A.035 must 
18.20 	have at least five school lock-down drills, five school fire drills consistent with section 
18.21 	299F.30, and one tornado drill, and an expectation that students be present and participate 
18.22 	in these drills.

18.23 	EFFECTIVE DATE. This section is effective for the 2008-2009 school year and 
18.24 	later.

18.25 	Sec. 11. [121A.215] LOCAL SCHOOL DISTRICT WELLNESS POLICIES; 
18.26 	WEB SITE.
18.27 	When available, a school district must post its current local school wellness policy 
18.28 	on its Website.

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

19.1 	Sec. 12. [121A.231] RESPONSIBLE FAMILY LIFE AND SEXUALITY 
19.2 	EDUCATION PROGRAMS.
19.3 		Subdivision 1.Definitions. (a) "Responsible family life and sexuality education" 
19.4 	means education in grades 7 through 12 that:
19.5 	(1) respects community values and encourages family communication;
19.6 	(2) develops skills in communication, decision making, and conflict resolution;
19.7 	(3) contributes to healthy relationships;
19.8 	(4) provides human development and sexuality education that is age-appropriate 
19.9 	and medically accurate;
19.10 	(5) includes an abstinence-first approach to delaying initiation of sexual activity that 
19.11 	emphasizes abstinence while also including education about contraception and disease 
19.12 	prevention; and
19.13 	(6) promotes individual responsibility.
19.14 	(b) "Age-appropriate" refers to topics, messages, and teaching methods suitable to 
19.15 	particular ages or age groups of children and adolescents, based on developing cognitive, 
19.16 	emotional, and behavioral capacity typical for the age or age group.
19.17 	(c) "Medically accurate" means verified or supported by research conducted in 
19.18 	compliance with scientific methods and published in peer-reviewed journals, where 
19.19 	appropriate, and recognized as accurate and objective by professional organizations 
19.20 	and agencies in the relevant field, such as the federal Centers for Disease Control 
19.21 	and Prevention, the American Public Health Association, the American Academy of 
19.22 	Pediatrics, or the American College of Obstetricians and Gynecologists.
19.23 		Subd. 2.Curriculum requirements. (a) A school district must offer and may 
19.24 	independently establish policies, procedures, curriculum, and services for providing 
19.25 	responsible family life and sexuality education that is age-appropriate and medically 
19.26 	accurate for grades 7 through 12.
19.27 	(b) A school district must consult with parents or guardians of enrolled students 
19.28 	when establishing policies, procedures, curriculum, and services under this subdivision.
19.29 		Subd. 3.Notice and parental options. (a) It is the legislature's intent to encourage 
19.30 	pupils to communicate with their parents or guardians about human sexuality and to respect 
19.31 	rights of parents or guardians to supervise their children's education on these subjects.
19.32 	(b) Parents or guardians may excuse their children from all or part of a responsible 
19.33 	family life and sexuality education program.
19.34 	(c) A school district must establish policies and procedures consistent with 
19.35 	paragraph (e) and this section for providing parents or guardians reasonable notice with 
19.36 	the following information:
20.1 	(1) if the district is offering a responsible family life and sexuality education program 
20.2 	to the parents' or guardians' child during the course of the year;
20.3 	(2) how the parents or guardians may inspect the written and audiovisual educational 
20.4 	materials used in the program and the process for inspection;
20.5 	(3) if the program is presented by school district personnel or outside consultants, 
20.6 	and if outside consultants are used, who they may be; and 
20.7 	(4) parents' or guardians' right to choose not to have the child participate in the 
20.8 	program and the procedure for exercising that right.
20.9 	(d) A school district must establish policies and procedures for reasonably restricting 
20.10 	the availability of written and audiovisual educational materials from public view of 
20.11 	students who have been excused from all or part of a responsible family life and sexuality 
20.12 	education program at the request of a parent or guardian, consistent with paragraph (e) 
20.13 	and this section.
20.14 	(e) A school district may develop a policy for a parent, guardian, or adult student 
20.15 	age 18 or older to review the content of the instructional materials under this section. If a 
20.16 	school district develops a policy, it must make reasonable arrangements with school 
20.17 	personnel for alternative instruction for those pupils whose parents or guardians object to 
20.18 	the content of the instruction, and must not impose an academic or other penalty upon a 
20.19 	pupil for arranging the alternative instruction. School personnel may evaluate and assess 
20.20 	the quality of the pupil's work completed as part of the alternative instruction.

20.21 	Sec. 13. [121A.37] ENVIRONMENTALLY SENSITIVE CLEANING AND 
20.22 	MAINTENANCE PRODUCTS.
20.23 		Subdivision 1.Definitions. (a) For the purposes of this section, the following 
20.24 	definitions apply.
20.25 	(b) "Environmentally sensitive cleaning and maintenance products" means cleaning 
20.26 	and maintenance products that minimize adverse impacts on human health and the 
20.27 	environment.
20.28 	(c) "School" has the meaning given under section 120A.22, subdivision 4, excluding 
20.29 	home schools.
20.30 		Subd. 2.Use of environmentally sensitive cleaning and maintenance products.
 20.31 	By September 1, 2009, a school may follow specifications regarding the purchase and 
20.32 	use of environmentally sensitive cleaning and maintenance products, where economically 
20.33 	feasible. A school may deplete existing cleaning and maintenance product supplies 
20.34 	purchased prior to this date. A school shall annually review the school's cleaning and 
20.35 	maintenance product purchasing practices.

21.1 	Sec. 14. Minnesota Statutes 2006, section 122A.06, subdivision 4, is amended to read:
21.2 		Subd. 4.Comprehensive, scientifically based reading instruction. (a) 
21.3 	"Comprehensive, scientifically based reading instruction" includes a program or collection 
21.4 	of instructional practices that is based on reliable, valid, replicated  evidence showing 
21.5 	that when these programs or practices are used, students can be expected to achieve, at 
21.6 	a minimum, satisfactory reading progress. The program or collection of practices must 
21.7 	include, at a minimum, instruction in five areas of reading: phonemic awareness, phonics, 
21.8 	fluency, vocabulary development, and text reading comprehension.
21.9 	Comprehensive, scientifically based reading instruction also includes and integrates 
21.10 	instructional strategies for continuously assessing, evaluating, and communicating 
21.11 	the student's reading progress and needs in order to design and implement ongoing 
21.12 	interventions so that students of all ages and proficiency levels can read and comprehend 
21.13 	text and apply higher level thinking skills.
21.14 	(b) "Phonemic awareness" is the ability of students to notice, think about, and 
21.15 	manipulate the individual sounds in spoken syllables and words.
21.16 	(c) "Phonics" is the understanding that there are systematic and predictable 
21.17 	relationships between written letters and spoken words. Phonics instruction is a way 
21.18 	of teaching reading that stresses learning how letters correspond to sounds and how to 
21.19 	apply this knowledge in reading and spelling.
21.20 	(d) "Fluency" is the ability of students to be able to read orally with speed, accuracy, 
21.21 	and proper expression. 
21.22 	(e) "Vocabulary development" is the process of teaching vocabulary both directly 
21.23 	and indirectly, with repetition and multiple exposures to vocabulary items. Learning 
21.24 	in rich contexts, incidental learning, and use of computer technology all enhance the 
21.25 	acquisition of vocabulary.
21.26 	(f) "Reading comprehension" is an active process that requires intentional thinking 
21.27 	during which meaning is constructed through interactions between text and reader. 
21.28 	Comprehension skills are taught explicitly by demonstrating, explaining, modeling, and 
21.29 	implementing specific cognitive strategies to help beginning readers derive meaning by 
21.30 	intentional, problem-solving thinking processes.

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

21.32 	Sec. 15. Minnesota Statutes 2006, section 122A.07, subdivision 2, is amended to read:
21.33 		Subd. 2.Eligibility; board composition. Except for the representatives of higher 
21.34 	education and the public, to be eligible for appointment to the Board of Teaching a person 
21.35 	must be a teacher currently teaching in a Minnesota school and fully licensed for the 
22.1 	position held and have at least five years teaching experience in Minnesota, including the 
22.2 	two years immediately preceding nomination and appointment. Each nominee, other than 
22.3 	a public nominee, must be selected on the basis of professional experience and knowledge 
22.4 	of teacher education, accreditation, and licensure. The board must be composed of:
22.5 	(1) six teachers who are currently teaching in a Minnesota school or who were 
22.6 	teaching at the time of the appointment, at least four of whom must be teaching in a 
22.7 	public school;
22.8 	(2) one higher education representative, who must be a faculty member preparing 
22.9 	teachers;
22.10 	(3) one school administrator; and
22.11 	(4) three members of the public, two of whom must be present or former members 
22.12 	of school boards.

22.13 	Sec. 16. Minnesota Statutes 2006, section 122A.07, subdivision 3, is amended to read:
22.14 		Subd. 3.Vacant position. With the exception of a teacher who retires from 
22.15 	teaching, the position of a member who leaves Minnesota or whose employment status 
22.16 	changes to a category different from that from which appointed is deemed vacant.

22.17 	Sec. 17. Minnesota Statutes 2006, section 122A.09, subdivision 4, is amended to read:
22.18 		Subd. 4.License and rules. (a) The board must adopt rules to license public school 
22.19 	teachers and interns subject to chapter 14.
22.20 	(b) The board must adopt rules requiring a person to successfully complete a skills 
22.21 	examination in reading, writing, and mathematics as a requirement for initial teacher 
22.22 	licensure. Such rules must require college and universities offering a board-approved 
22.23 	teacher preparation program to provide remedial assistance to persons who did not 
22.24 	achieve a qualifying score on the skills examination, including those for whom English is 
22.25 	a second language.
22.26 	(c) The board must adopt rules to approve teacher preparation programs. The board, 
22.27 	upon the request of a postsecondary student preparing for teacher licensure or a licensed 
22.28 	graduate of a teacher preparation program, shall assist in resolving a dispute between the 
22.29 	person and a postsecondary institution providing a teacher preparation program when the 
22.30 	dispute involves an institution's recommendation for licensure affecting the person or the 
22.31 	person's credentials. At the board's discretion, assistance may include the application 
22.32 	of chapter 14.
22.33 	(d) The board must provide the leadership and shall adopt rules for the redesign of 
22.34 	teacher education programs to implement a research based, results-oriented curriculum 
23.1 	that focuses on the skills teachers need in order to be effective. The board shall implement 
23.2 	new systems of teacher preparation program evaluation to assure program effectiveness 
23.3 	based on proficiency of graduates in demonstrating attainment of program outcomes.
23.4 	(e) The board must adopt rules requiring successful completion of an examination 
23.5 	of general pedagogical knowledge and examinations of licensure-specific teaching 
23.6 	skills. The rules shall be effective on the dates determined by the board but not later 
23.7 	than September 1, 2001.
23.8 	(f) The board must adopt rules requiring teacher educators to work directly with 
23.9 	elementary or secondary school teachers in elementary or secondary schools to obtain 
23.10 	periodic exposure to the elementary or secondary teaching environment.
23.11 	(g) The board must grant licenses to interns and to candidates for initial licenses.
23.12 	(h) The board must design and implement an assessment system which requires a 
23.13 	candidate for an initial license and first continuing license to demonstrate the abilities 
23.14 	necessary to perform selected, representative teaching tasks at appropriate levels.
23.15 	(i) The board must receive recommendations from local committees as established 
23.16 	by the board for the renewal of teaching licenses.
23.17 	(j) The board must grant life licenses to those who qualify according to requirements 
23.18 	established by the board, and suspend or revoke licenses pursuant to sections 122A.20 and 
23.19 	214.10. The board must not establish any expiration date for application for life licenses. 
23.20 	(k) The board must adopt rules that require all licensed teachers who are renewing 
23.21 	their continuing license to include in their renewal requirements further preparation in 
23.22 	the areas of using positive behavior interventions and in accommodating, modifying, and 
23.23 	adapting curricula, materials, and strategies to appropriately meet the needs of individual 
23.24 	students and ensure adequate progress toward the state's graduation rule.
23.25 	(l) In adopting rules to license public school teachers who provide health-related 
23.26 	services for disabled children, the board shall adopt rules consistent with license or 
23.27 	registration requirements of the commissioner of health and the health-related boards who 
23.28 	license personnel who perform similar services outside of the school.
23.29 	(m) The board must adopt rules that require all licensed teachers who are renewing 
23.30 	their continuing license to include in their renewal requirements further reading 
23.31 	preparation, consistent with section 122A.06, subdivision 4. The rules do not take effect 
23.32 	until they are approved by law. Teachers who do not provide direct instruction including, at 
23.33 	least, counselors, school psychologists, school nurses, school social workers, audiovisual 
23.34 	directors and coordinators, and recreation personnel are exempt from this section. 
23.35 	(n) The board must adopt rules that require all licensed teachers who are renewing 
23.36 	their continuing license to include in their renewal requirements further preparation 
24.1 	in understanding the key warning signs of early-onset mental illness in children and 
24.2 	adolescents.
24.3 	(o) When reviewing and revising rules, the board must align the requirements for 
24.4 	teacher preparation programs to reflect the expectation that all students can successfully 
24.5 	complete rigorous academic coursework.

24.6 	Sec. 18. Minnesota Statutes 2006, section 122A.18, subdivision 2, is amended to read:
24.7 		Subd. 2.Teacher and support personnel qualifications. (a) The Board of 
24.8 	Teaching must issue licenses under its jurisdiction to persons the board finds to be 
24.9 	qualified and competent for their respective positions.
24.10 	(b) The board must require a person to successfully complete an examination of 
24.11 	skills in reading, writing, and mathematics before being granted an initial teaching license 
24.12 	to provide direct instruction to pupils in prekindergarten, elementary, secondary, or special 
24.13 	education programs. In addition, the board must require a person to successfully complete 
24.14 	an assessment of reading instruction consistent with subdivision 2c before being granted 
24.15 	an initial teaching license to provide direct instruction to pupils in prekindergarten or 
24.16 	elementary programs. The board must require colleges and universities offering a board 
24.17 	approved teacher preparation program to provide remedial assistance that includes a 
24.18 	formal diagnostic component to persons enrolled in their institution who did not achieve 
24.19 	a qualifying score on the skills examination or an assessment of reading instruction, 
24.20 	including those for whom English is a second language. The colleges and universities 
24.21 	must provide assistance in the specific academic areas of deficiency in which the person 
24.22 	did not achieve a qualifying score. School districts must provide similar, appropriate, and 
24.23 	timely remedial assistance that includes a formal diagnostic component and mentoring to 
24.24 	those persons employed by the district who completed their teacher education program 
24.25 	outside the state of Minnesota, received a one-year license to teach in Minnesota and did 
24.26 	not achieve a qualifying score on the skills examination, including those persons for 
24.27 	whom English is a second language. The Board of Teaching shall report annually to the 
24.28 	education committees of the legislature on the total number of teacher candidates during 
24.29 	the most recent school year taking the skills examination, the number who achieve a 
24.30 	qualifying score on the examination, the number who do not achieve a qualifying score on 
24.31 	the examination, the distribution of all candidates' scores, the number of candidates who 
24.32 	have taken the examination at least once before, and the number of candidates who have 
24.33 	taken the examination at least once before and achieve a qualifying score.
24.34 	(c) A person who has completed an approved teacher preparation program and 
24.35 	obtained a one-year license to teach, but has not successfully completed the skills 
25.1 	examination, may renew the one-year license for two additional one-year periods. Each 
25.2 	renewal of the one-year license is contingent upon the licensee:
25.3 	(1) providing evidence of participating in an approved remedial assistance program 
25.4 	provided by a school district or postsecondary institution that includes a formal diagnostic 
25.5 	component in the specific areas in which the licensee did not obtain qualifying scores; and
25.6 	(2) attempting to successfully complete the skills examination during the period 
25.7 	of each one-year license.
25.8 	(d) The Board of Teaching must grant continuing licenses only to those persons who 
25.9 	have met board criteria for granting a continuing license, which includes successfully 
25.10 	completing the skills examination in reading, writing, and mathematics.
25.11 	(e) All colleges and universities approved by the board of teaching to prepare 
25.12 	persons for teacher licensure must include in their teacher preparation programs a common 
25.13 	core of teaching knowledge and skills to be acquired by all persons recommended 
25.14 	for teacher licensure. This common core shall meet the standards developed by the 
25.15 	interstate new teacher assessment and support consortium in its 1992 "model standards for 
25.16 	beginning teacher licensing and development." Amendments to standards adopted under 
25.17 	this paragraph are covered by chapter 14. The board of teaching shall report annually to 
25.18 	the education committees of the legislature on the performance of teacher candidates 
25.19 	on common core assessments of knowledge and skills under this paragraph during the 
25.20 	most recent school year.

25.21 	EFFECTIVE DATE. This section is effective January 1, 2011.

25.22 	Sec. 19. Minnesota Statutes 2006, section 122A.18, subdivision 2a, is amended to read:
25.23 		Subd. 2a.Reading strategies. (a) All colleges and universities approved by the 
25.24 	Board of Teaching to prepare persons for classroom teacher licensure must include in 
25.25 	their teacher preparation programs research-based best practices in reading, consistent 
25.26 	with section 122A.06, subdivision 4, that enable the licensure candidate to know how to 
25.27 	teach reading in the candidate's content areas and prepare the licensure candidate, where 
25.28 	applicable, for an assessment of reading instruction.
25.29 	(b) Board-approved teacher preparation programs for teachers of elementary 
25.30 	education must require instruction in the application of comprehensive, scientifically 
25.31 	based, and balanced reading instruction programs that:
25.32 	(1) teach students to read using foundational knowledge, practices, and strategies 
25.33 	consistent with section 122A.06, subdivision 4, so that all students will achieve continuous 
25.34 	progress in reading; and
26.1 	(2) teach specialized instruction in reading strategies, interventions, and remediations 
26.2 	that enable students of all ages and proficiency levels to become proficient readers.

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

26.4 	Sec. 20. Minnesota Statutes 2006, section 122A.18, is amended by adding a 
26.5 	subdivision to read:
26.6 		Subd. 2c.Assessment of reading instruction. An assessment of reading instruction, 
26.7 	selected by the Board of Teaching, in cooperation with the commissioner of education, 
26.8 	must measure, at a minimum, the knowledge, skill, and ability of prekindergarten and 
26.9 	elementary licensure candidates in comprehensive, scientifically based reading instruction 
26.10 	as defined in section 122A.06. Test content areas must assess foundations of reading 
26.11 	development, development of reading comprehension, reading assessment and instruction, 
26.12 	and integration of knowledge and understanding. The Board of Teaching may incorporate 
26.13 	the requirements of this subdivision into other teacher licensure examinations.

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

26.15 	Sec. 21. Minnesota Statutes 2006, section 123B.88, subdivision 3, is amended to read:
26.16 		Subd. 3.Transportation services contracts; requirements. (a) The board may 
26.17 	contract for the furnishing of authorized transportation under section 123B.52, and may 
26.18 	purchase gasoline and furnish same to a contract carrier for use in the performance of a 
26.19 	contract with the school district for transportation of school children to and from school. 
26.20 	(b) An initial transportation service contract shall include by contract language, 
26.21 	addendum, or supplementary information terms addressing:
26.22 	(1) a summary of school bus driver training requirements, including the minimum 
26.23 	number of preservice training hours and the minimum number of inservice training hours; 
26.24 	(2) a driver recruitment and retention plan;
26.25 	(3) the reporting to the local school district of all school bus accidents; 
26.26 	(4) the reporting to the local school district of all school bus driver reported traffic 
26.27 	convictions, based upon the requirement of commercial drivers to report traffic convictions 
26.28 	to their employer under Federal Motor Carrier Safety Administration, rule 383.31; 
26.29 	(5) the reporting within one week to the local school district the results of any 
26.30 	Minnesota Highway Patrol inspection of school buses being regularly utilized for the 
26.31 	transportation under the transportation contract; and
27.1 	(6) the date of hire of the employer's current employees identified by their job 
27.2 	classification that may include any relevant prior experience. Summer and other regular 
27.3 	school breaks should not be considered interruptions to employment. 
27.4 	(c) Notwithstanding section 123B.52, a school district may award a transportation 
27.5 	contract in the interest of student safety and cost effectiveness. 

27.6 	EFFECTIVE DATE. This section is effective July 1, 2008.

27.7 	Sec. 22. Minnesota Statutes 2006, section 124D.10, subdivision 2a, is amended to read:
27.8 		Subd. 2a.Charter School Advisory Council. (a) A Charter School Advisory 
27.9 	Council is established under section 15.059 except that the term for each council member 
27.10 	shall be three years. The advisory council is composed of seven members from throughout 
27.11 	the state who have demonstrated experience with or interest in charter schools. The 
27.12 	members of the council shall be appointed by the commissioner. The advisory council 
27.13 	shall bring to the attention of the commissioner any matters related to charter schools 
27.14 	that the council deems necessary and shall: 
27.15 	(1) encourage school boards to make full use of charter school opportunities;
27.16 	(2) encourage the creation of innovative schools;
27.17 	(3) provide leadership and support for charter school sponsors to increase the 
27.18 	innovation in and the effectiveness, accountability, and fiscal soundness of charter schools;
27.19 	(4) serve an ombudsman function in facilitating the operations of new and existing 
27.20 	charter schools;
27.21 	(5) promote timely financial management training for newly elected members of 
27.22 	a charter school board of directors and ongoing training for other members of a charter 
27.23 	school board of directors; and
27.24 	(6) facilitate compliance with auditing and other reporting requirements. The 
27.25 	advisory council shall refer all its proposals to the commissioner who shall provide time 
27.26 	for reports from the council.
27.27 	(b) The Charter School Advisory Council under this subdivision expires June 30, 
27.28 	2007 2011.

27.29 	EFFECTIVE DATE. This section is effective retroactively from June 30, 2007.

27.30 	Sec. 23. Minnesota Statutes 2007 Supplement, section 124D.10, subdivision 4, is 
27.31 	amended to read:
27.32 		Subd. 4.Formation of school. (a) A sponsor may authorize one or more licensed 
27.33 	teachers under section 122A.18, subdivision 1, to operate a charter school subject to 
28.1 	approval by the commissioner. A board must vote on charter school application for 
28.2 	sponsorship no later than 90 days after receiving the application. The school must be 
28.3 	organized and operated as a cooperative under chapter 308A or nonprofit corporation 
28.4 	under chapter 317A and the provisions under the applicable chapter shall apply to the 
28.5 	school except as provided in this section. Notwithstanding sections 465.717 and 465.719, 
28.6 	a school district may create a corporation for the purpose of creating a charter school.
28.7 	(b) Before the operators may form and operate a school, the sponsor must file an 
28.8 	affidavit with the commissioner stating its intent to authorize a charter school. The 
28.9 	affidavit must demonstrate the sponsor's abilities, capacities, and expertise in fulfilling the 
28.10 	responsibilities of a sponsor and state the terms and conditions under which the sponsor 
28.11 	would authorize a charter school and how the sponsor intends to oversee the fiscal and 
28.12 	student performance of the charter school and to comply with the terms of the written 
28.13 	contract between the sponsor and the charter school board of directors under subdivision 
28.14 	6 in the form and manner prescribed by the commissioner. The sponsor must submit 
28.15 	an affidavit to the commissioner for each charter school it proposes to authorize. The 
28.16 	commissioner must approve or disapprove the sponsor's proposed authorization within 
28.17 	90 days of receipt of the affidavit. Failure to obtain commissioner approval precludes a 
28.18 	sponsor from authorizing the charter school that was the subject of the affidavit.
28.19 	(c) The operators authorized to organize and operate a school, before entering into a 
28.20 	contract or other agreement for professional or other services, goods, or facilities, must 
28.21 	incorporate as a cooperative under chapter 308A or as a nonprofit corporation under 
28.22 	chapter 317A and must establish a board of directors composed of at least five nonrelated
28.23 	members until a timely election for members of the charter school board of directors is 
28.24 	held according to the school's articles and bylaws. A charter school board of directors 
28.25 	must be composed of at least five members. Any staff members who are employed at the 
28.26 	school, including teachers providing instruction under a contract with a cooperative, and 
28.27 	all parents of children enrolled in the school mayare eligible to   participate in the election 
28.28 	for members of the school's board of directors. Licensed teachers employed at the school, 
28.29 	including teachers providing instruction under a contract with a cooperative, must be a 
28.30 	majority of the members of the board of directors before the school completes its third 
28.31 	year of operation, unless the commissioner waives the requirement for a majority of 
28.32 	licensed teachers on the board. Board of director meetings must comply with chapter 13D.
28.33 	(d) The granting or renewal of a charter by a sponsoring entity must not be 
28.34 	conditioned upon the bargaining unit status of the employees of the school.
28.35 	(e) The granting or renewal of a charter school by a sponsor must not be contingent 
28.36 	on the charter school being required to contract, lease, or purchase services from the 
29.1 	sponsor. A sponsor is prohibited from entering into a contract to provide management and 
29.2 	financial services for a school that it is authorized to sponsor.
29.3 	(f)  A sponsor may authorize the operators of a charter school to expand the operation 
29.4 	of the charter school to additional sites or to add additional grades at the school beyond 
29.5 	those described in the sponsor's application as approved by the commissioner only 
29.6 	after submitting a supplemental application to the commissioner in a form and manner 
29.7 	prescribed by the commissioner. The supplemental application must provide evidence that:
29.8 	(1) the expansion of the charter school is supported by need and projected enrollment;
29.9 	(2) the charter school is fiscally sound;
29.10 	(3) the sponsor supports the expansion; and
29.11 	(4) the building of the additional site meets all health and safety requirements to 
29.12 	be eligible for lease aid.
29.13 	(f)(g)  The commissioner annually must provide timely financial management 
29.14 	training to newly elected members of a charter school board of directors and ongoing 
29.15 	training to other members of a charter school board of directors. Training must address 
29.16 	ways to:
29.17 	(1) proactively assess opportunities for a charter school to maximize all available 
29.18 	revenue sources;
29.19 	(2) establish and maintain complete, auditable records for the charter school;
29.20 	(3) establish proper filing techniques;
29.21 	(4) document formal actions of the charter school, including meetings of the charter 
29.22 	school board of directors;
29.23 	(5) properly manage and retain charter school and student records;
29.24 	(6) comply with state and federal payroll record-keeping requirements; and
29.25 	(7) address other similar factors that facilitate establishing and maintaining complete 
29.26 	records on the charter school's operations.

29.27 	Sec. 24. Minnesota Statutes 2006, section 124D.10, subdivision 4a, is amended to read:
29.28 		Subd. 4a.Conflict of interest. (a) A member of a charter school board of directors 
29.29 	is prohibited from serving as a member of the board of directors or as an employee or 
29.30 	agent of or a contractor with a for-profit entity with whom the charter school contracts, 
29.31 	directly or indirectly, for professional services, goods, or facilities. A violation of this 
29.32 	prohibition renders a contract voidable at the option of the commissioner. The charter 
29.33 	school's state aid may be reduced by the commissioner under section 127A.42 if the 
29.34 	charter school board fails to correct violations under this subdivision in a timely manner. 
30.1 	A member of a charter school board of directors who violates this prohibition shall be 
30.2 	individually liable to the charter school for any damage caused by the violation.
30.3 	(b) An individual may serve as a member of the board of directors if no conflict of 
30.4 	interest under paragraph (a) exists.
30.5 	(c) A member of a charter school board of directors that serves as a member of the 
30.6 	board of directors or as an employee or agent of or a contractor with a nonprofit entity 
30.7 	with whom the charter school contracts, directly or indirectly, for professional services, 
30.8 	goods, or facilities, must disclose all potential conflicts to the commissioner. A violation 
30.9 	of this requirement renders a contract voidable at the option of the commissioner. The 
30.10 	charter school's aid may be reduced by the commissioner under section 127A.42 if the 
30.11 	charter school fails to correct violations under this subdivision in a timely manner.
30.12 	(d) The conflict of interest provisions under this subdivision do not apply to 
30.13 	compensation paid to a teacher employed by the charter school who also serves as a 
30.14 	member of the board of directors.
30.15 	(e) The conflict of interest provisions under this subdivision do not apply to a teacher 
30.16 	who provides services to a charter school through a cooperative formed under chapter 
30.17 	308A when the teacher also serves on the charter school board of directors.

30.18 	Sec. 25. Minnesota Statutes 2006, section 124D.10, subdivision 6, is amended to read:
30.19 		Subd. 6.Contract. The sponsor's authorization for a charter school must be in the 
30.20 	form of a written contract signed by the sponsor and the board of directors of the charter 
30.21 	school. The contract must be completed within 90 days of the commissioner's approval 
30.22 	of the sponsor's proposed authorization. The contract for a charter school must be in 
30.23 	writing and contain at least the following:
30.24 	(1) a description of a program that carries out one or more of the purposes in 
30.25 	subdivision 1;
30.26 	(2) specific outcomes pupils are to achieve under subdivision 10;
30.27 	(3) admission policies and procedures;
30.28 	(4) management and administration of the school;
30.29 	(5) requirements and procedures for program and financial audits;
30.30 	(6) how the school will comply with subdivisions 8, 13, 16, and 23;
30.31 	(7) assumption of liability by the charter school;
30.32 	(8) types and amounts of insurance coverage to be obtained by the charter school;
30.33 	(9) the term of the contract, which may be up to three years for the initial contract, 
30.34 	and up to five years for renewed contracts based on the academic, financial, and 
30.35 	operational performance of the school;
31.1 	(10) ifhow the board of directors or the operators of the charter school will provide 
31.2 	special instruction and services for children with a disability under sections 125A.03
31.3 	to 125A.24, and 125A.65, a description of the financial parameters within which the 
31.4 	charter school will operate to provide the special instruction and services to children 
31.5 	with a disability; and
31.6 	(11) the process and criteria the sponsor intends to use to monitor and evaluate the 
31.7 	fiscal and student performance of the charter school, consistent with subdivision 15.

31.8 	Sec. 26. Minnesota Statutes 2006, section 124D.10, subdivision 7, is amended to read:
31.9 		Subd. 7.Public status; exemption from statutes and rules. A charter school is a 
31.10 	public school and is part of the state's system of public education. Except as provided in 
31.11 	this section, a charter school is exempt from all statutes and rules applicable to a school, 
31.12 	a board, or a district, although it may elect to comply with one or more provisions of 
31.13 	statutes or rules. A charter school is exempt from all statutes and rules applicable to a 
31.14 	school, board, or district unless provided by this section or provided in another section 
31.15 	of statutes or rules.

31.16 	Sec. 27. Minnesota Statutes 2006, section 124D.10, subdivision 20, is amended to read:
31.17 		Subd. 20.Leave to teach in a charter school. If a teacher employed by a district 
31.18 	makes a written request for an extended leave of absence to teach at a charter school, the 
31.19 	district must grant the leave. The district must grant a leave not to exceed a total of five 
31.20 	years. Any request to extend the leave shall be granted only at the discretion of the school 
31.21 	board. The district may require that the request for a leave or extension of leave be made 
31.22 	up to 90 days before the teacher would otherwise have to report for duty before February 
31.23 	1 in the school year preceding the school year in which the teacher wishes to return, or 
31.24 	February 1 of the calendar year in which the leave is scheduled to terminate. Except as 
31.25 	otherwise provided in this subdivision and except for section 122A.46, subdivision 7, the 
31.26 	leave is governed by section 122A.46, including, but not limited to, reinstatement, notice 
31.27 	of intention to return, seniority, salary, and insurance. 
31.28 	During a leave, the teacher may continue to aggregate benefits and credits in the 
31.29 	Teachers' Retirement Association account by paying both the employer and employee 
31.30 	contributions based upon the annual salary of the teacher for the last full pay period before 
31.31 	the leave began. The retirement association may impose reasonable requirements to 
31.32 	efficiently administer this subdivision.

31.33 	Sec. 28. Minnesota Statutes 2006, section 124D.10, subdivision 23, is amended to read:
32.1 		Subd. 23.Causes for nonrenewal or termination of charter school contract. (a) 
32.2 	The duration of the contract with a sponsor must be for the term contained in the contract 
32.3 	according to subdivision 6. The sponsor may or may not renew a contract at the end of 
32.4 	the term for any ground listed in paragraph (b). A sponsor may unilaterally terminate a 
32.5 	contract during the term of the contract for any ground listed in paragraph (b). At least 60 
32.6 	days before not renewing or terminating a contract, the sponsor shall notify the board of 
32.7 	directors of the charter school of the proposed action in writing by registered mail. The 
32.8 	notice shall state the grounds for the proposed action in reasonable detail and that the 
32.9 	charter school's board of directors may request in writing an informal hearing before the 
32.10 	sponsor within 14 days of receiving notice of nonrenewal or termination of the contract. 
32.11 	Failure by the board of directors to make a written request for a hearing within the 14-day 
32.12 	period shall be treated as acquiescence to the proposed action. Upon receiving a timely 
32.13 	written request for a hearing, the sponsor shall give reasonable notice to the charter 
32.14 	school's board of directors of the hearing date. The sponsor shall conduct an informal 
32.15 	hearing before taking final action. The sponsor shall take final action to renew or not 
32.16 	renew a contract by the last day of classes in the school year no later than 15 days before 
32.17 	the termination date or the end of the contract. If the sponsor is a local board, the school's 
32.18 	board of directors may appeal the sponsor's decision to the commissioner.
32.19 	(b) A contract may be terminated or not renewed upon any of the following grounds:
32.20 	(1) failure to meet the requirements for pupil performance contained in the contract;
32.21 	(2) failure to meet generally accepted standards of fiscal management;
32.22 	(3) violations of law; or
32.23 	(4) other good cause shown.
32.24 	If a contract is terminated or not renewed under this paragraph, the school must be 
32.25 	dissolved according to the applicable provisions of chapter 308A or 317A, except when 
32.26 	the commissioner approves the decision of a different eligible sponsor to authorize the 
32.27 	charter school.
32.28 	(c) If at the end of a contract term, either the sponsor orand the charter school 
32.29 	board of directors wants mutually agree to voluntarily terminate the contract, a change 
32.30 	in sponsors is allowed if the commissioner approves the decision of a different eligible 
32.31 	sponsor to authorize the charter school. The party intending to terminate the contract must 
32.32 	notify the other party and the commissioner of its intent at least 90 days before the date on 
32.33 	which the contract ends. Both parties must jointly submit in writing to the commissioner 
32.34 	its intent to terminate the contract. The sponsor that is a party to the existing contract at 
32.35 	least must inform the approved different eligible sponsor about the fiscal and student 
33.1 	performance of the school. If no different eligible sponsor is approved, the school must be 
33.2 	dissolved according to applicable law and the terms of the contract.
33.3 	(d) The commissioner, after providing reasonable notice to the board of directors 
33.4 	of a charter school and the existing sponsor, and after providing an opportunity for a 
33.5 	public hearing, may terminate the existing sponsorial relationship if the charter school 
33.6 	has a history of:
33.7 	(1) sustained failure to meet the requirements for pupil performance contained 
33.8 	in the contract;
33.9 	(2) financial mismanagement; or
33.10 	(2) (3) repeated violations of the law; or
33.11 	(4) other good cause shown.

33.12 	Sec. 29. Minnesota Statutes 2007 Supplement, section 124D.10, subdivision 23a, 
33.13 	is amended to read:
33.14 		Subd. 23a.Related party lease costs. (a) A charter school is prohibited from 
33.15 	entering a lease of real property with a related party as defined in subdivision 26
33.16 	this subdivision, unless the lessor is a nonprofit corporation under chapter 317A or a 
33.17 	cooperative under chapter 308A, and the lease cost is reasonable under section 124D.11, 
33.18 	subdivision 4, clause (1). 
33.19 	(b) For purposes of this subdivision:
33.20 	(1) "related party" means an affiliate or close relative of the other party in question, 
33.21 	an affiliate of a close relative, or a close relative of an affiliate;
33.22 	(2) "affiliate" means a person that directly or indirectly, through one or more 
33.23 	intermediaries, controls, is controlled by, or is under common control with another person;
33.24 	(3) "close relative" means an individual whose relationship by blood, marriage, or 
33.25 	adoption to another individual is no more remote than first cousin;
33.26 	(4) "person" means an individual or entity of any kind; and
33.27 	(5) "control" includes the terms "controlling," "controlled by," and "under common 
33.28 	control with" and means the possession, direct or indirect, of the power to direct or cause 
33.29 	the directions of the management, operations, or policies of a person, whether through 
33.30 	ownership of voting securities, by contract, or otherwise.
33.31 	(c) A lease of real property to be used for a charter school, not excluded in paragraph 
33.32 	(a), must contain the following statement: "This lease is subject to Minnesota Statutes, 
33.33 	section 124D.10, subdivision 23a." 
33.34 	(c)(d) If a charter school enters into as lessee a lease with a related party and the 
33.35 	charter school subsequently closes, the commissioner has the right to recover from the 
34.1 	lessor any lease payments in excess of those that are reasonable under section 124D.11, 
34.2 	subdivision 4, clause (1). 

34.3 	Sec. 30. [127A.70] MINNESOTA P-20 EDUCATION PARTNERSHIP.
34.4 		Subdivision 1.Establishment; membership. (a) A P-20 education partnership is 
34.5 	established to create a seamless system of education that maximizes achievements of 
34.6 	all students, from early childhood through elementary, secondary, and postsecondary 
34.7 	education, while promoting the efficient use of financial and human resources. The 
34.8 	partnership shall consist of major statewide educational groups or constituencies or 
34.9 	noneducational statewide organizations with a stated interest in P-20 education. The initial 
34.10 	membership of the partnership includes the members serving on the Minnesota P-16 
34.11 	Education Partnership and four legislators appointed as follows: 
34.12 	(1) one senator from the majority party and one senator from the minority party, 
34.13 	appointed by the Subcommittee on Committees of the Committee on Rules and 
34.14 	Administration; and 
34.15 	(2) one member of the house of representatives appointed by the speaker of the 
34.16 	house and one member appointed by the minority leader of the house. 
34.17 	The chair of the P-16 education partnership must convene the first meeting of the 
34.18 	P-20 partnership. Prospective members may be nominated by any partnership member and 
34.19 	new members will be added with the approval of a two-thirds majority of the partnership. 
34.20 	The partnership will also seek input from nonmember organizations whose expertise can 
34.21 	help inform the partnership's work. 
34.22 	Partnership members shall be represented by the chief executives, presidents, or 
34.23 	other formally designated leaders of their respective organizations, or their designees. The 
34.24 	partnership shall meet at least three times during each calendar year. 
34.25 		Subd. 2. Powers and duties; report.  The partnership shall develop 
34.26 	recommendations to the governor and the legislature designed to maximize the 
34.27 	achievement of all P-20 students while promoting the efficient use of state resources, 
34.28 	thereby helping the state realize the maximum value for its investment. These 
34.29 	recommendations may include, but are not limited to, strategies, policies, or other actions 
34.30 	focused on: 
34.31 	(1) improving the quality of and access to education at all points from preschool 
34.32 	through the graduate education; 
34.33 	(2) improving preparation for, and transitions to, postsecondary education and 
34.34 	work; and 
35.1 	(3) ensuring educator quality by creating rigorous standards for teacher recruitment, 
35.2 	teacher preparation, induction and mentoring of beginning teachers, and continuous 
35.3 	professional development for career teachers. 
35.4 	By January 15 of each year, the partnership shall submit a report to the governor 
35.5 	and to the chairs and ranking minority members of the legislative committees and 
35.6 	divisions with jurisdiction over P-20 education policy and finance that summarizes the 
35.7 	partnership's progress in meeting its goals and identifies the need for any draft legislation 
35.8 	when necessary to further the goals of the partnership to maximize student achievement 
35.9 	while promoting efficient use of resources. 
35.10 		Subd. 3.Expiration. Notwithstanding section 15.059, subdivision 5, the partnership 
35.11 	is permanent and does not expire.

35.12 	Sec. 31. Minnesota Statutes 2006, section 299F.30, subdivision 1, is amended to read:
35.13 		Subdivision 1.Duties of fire marshal. Consistent with sections 121A.035, 
35.14 	121A.037, and this section, it shall be the duty of the state fire marshal, deputies and 
35.15 	assistants, to require public and private schools and educational institutions to have at 
35.16 	least five fire drills each school year, to expect students to be present and participate 
35.17 	in these drills, and to keep all doors and exits unlocked from the inside of the building 
35.18 	during school hours.

35.19 	EFFECTIVE DATE. This section is effective for the 2008-2009 school year and 
35.20 	later.

35.21 	Sec. 32. REVIVAL AND REENACTMENT.
 35.22 	Minnesota Statutes, section 124D.10, subdivision 2a, is revived and reenacted 
35.23 	effective retroactively and without interruption from June 30, 2007.

35.24 	Sec. 33. ASSESSMENT OF READING INSTRUCTION.
 35.25 	(a) No later than March 1, 2010, the Board of Teaching, in cooperation with the 
35.26 	commissioner of education, shall adopt an assessment of reading instruction for all 
35.27 	prekindergarten and elementary licensure candidates consistent with Minnesota Statutes, 
35.28 	section 122A.18, subdivision 2c.
35.29 	(b) The Board of Teaching and the commissioner shall report to the senate and house 
35.30 	of representatives committees having jurisdiction over prekindergarten through grade 12 
35.31 	education policy by March 15, 2010, on the assessment of reading instruction that was 
35.32 	adopted.

36.1 	Sec. 34. READING INSTRUCTION RULES; LEGISLATIVE REVIEW.
 36.2 	 Beginning Ju1y 1, 2008, and until July 1, 2009, the Board of Teaching must submit 
36.3 	any proposed rules regarding licensure in reading instruction to the chairs of the legislative 
36.4 	committees with jurisdiction over kindergarten through grade 12 education policy by 
36.5 	February 1, 2009. The board may not adopt the rules until the legislature has adjourned 
36.6 	the 2009 regular session.

36.7 	Sec. 35. RECESS.
 36.8 	In kindergarten through grade 6, a school district cannot deny a student's 
36.9 	participation in recess as a form of discipline.

36.10 	Sec. 36.  REPEALER.
 36.11 	Minnesota Statutes 2006, section 121A.23, is repealed.

36.12 	EFFECTIVE DATE. This section is effective for the 2008-2009 school year and 
36.13 	later.

36.14 	ARTICLE 3
36.15 	SPECIAL PROGRAMS

36.16 	Section 1. Minnesota Statutes 2006, section 124D.60, subdivision 1, is amended to 
36.17 	read:
36.18 		Subdivision 1.Notice. Within ten30 days after the enrollment of any pupil in an 
36.19 	instructional program for limited English proficient students, the district in which the pupil 
36.20 	resides must notify the parent by mail. This notice must:
36.21 	(1) be in writing in English and in the primary language of the pupil's parents;
36.22 	(2) inform the parents that their child has been enrolled in an instructional program 
36.23 	for limited English proficient students;
36.24 	(3) contain a simple, nontechnical description of the purposes, method and content 
36.25 	of the program;
36.26 	(4) inform the parents that they have the right to visit the educational program for 
36.27 	limited English proficient students in which their child is enrolled;
36.28 	(5) inform the parents of the time and manner in which to request and receive a 
36.29 	conference for the purpose of explaining the nature and purpose of the program; and
36.30 	(6) inform the parents of their rights to withdraw their child from an educational 
36.31 	program for limited English proficient students and the time and manner in which to do so.
37.1 	The department shall, at the request of the district, prepare the notice in the primary 
37.2 	language of the parent.

37.3 	Sec. 2. Minnesota Statutes 2006, section 125A.02, subdivision 1, is amended to read:
37.4 		Subdivision 1.Child with a disability. Every child who has a hearing impairment, 
37.5 	blindness, visual disability, speech or language impairment, physical disability, other 
37.6 	health impairment, mental disability, emotional/behavioral disorder, specific learning 
37.7 	disability, autism, traumatic brain injury, multiple disabilities, or deaf/blind disability 
37.8 	and needs special instruction and services, as determined by the standards of the 
37.9 	commissioner, is a child with a disability. A licensed physician or a licensed psychologist 
37.10 	is qualified to make a diagnosis and determination of attention deficit disorder or attention 
37.11 	deficit hyperactivity disorder for purposes of identifying a child with a disability. In 
37.12 	addition, every child under age three, and at local district discretion from age three to age 
37.13 	seven, who needs special instruction and services, as determined by the standards of the 
37.14 	commissioner, because the child has a substantial delay or has an identifiable physical or 
37.15 	mental condition known to hinder normal development is a child with a disability.

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

37.17 	Sec. 3. Minnesota Statutes 2006, section 125A.15, is amended to read:
37.18 	125A.15 PLACEMENT IN ANOTHER DISTRICT; RESPONSIBILITY.
37.19 	The responsibility for special instruction and services for a child with a disability 
37.20 	temporarily placed in another district for care and treatment shall be determined in the 
37.21 	following manner:
37.22 	(a) The district of residence of a child shall be the district in which the child's parent 
37.23 	resides, if living, or the child's guardian, or the district designated by the commissioner if 
37.24 	neither parent nor guardian is living within the state.
37.25 	(b) If the placement of a pupil for care and treatment is not made by the district 
37.26 	of residence, the district of residence must be notified and provided an opportunity 
37.27 	to participate in the placement decision. When an immediate emergency placement 
37.28 	is necessary and time does not permit resident district participation in the placement 
37.29 	decision, the district in which the pupil is temporarily placed, if different from the district 
37.30 	of residence, must notify the district of residence of the emergency placement within 15 
37.31 	days of the placement. When placement has been made without prior consultation with 
37.32 	the resident district, the resident district has up to five business days following notice of 
38.1 	the emergency placement to respond and must, at that time, be provided an opportunity 
38.2 	to participate in the placement decision.
38.3 	 (c)  When a child is temporarily placed for care and treatment in a day program 
38.4 	located in another district and the child continues to live within the district of residence 
38.5 	during the care and treatment, the district of residence is responsible for providing 
38.6 	transportation to and from the care and treatment facility program  and an appropriate 
38.7 	educational program for the child. The resident district may establish reasonable 
38.8 	restrictions on transportation; however, if a court or state agency has ordered the placement 
38.9 	at the day care and treatment program and the resident district receives a copy of the order, 
38.10 	the resident district must provide transportation to and from the program unless the court 
38.11 	or agency otherwise orders. Transportation shall only be provided by the resident district 
38.12 	during regular operating hours of the that  district. The resident district may provide the 
38.13 	educational program at a school within the district of residence, at the child's residence, or 
38.14 	in the district in which the day treatment center is located by paying tuition to that district.
38.15 	(c) (d)  When a child is temporarily placed in a residential program for care and 
38.16 	treatment, the nonresident district in which the child is placed is responsible for providing 
38.17 	an appropriate educational program for the child and necessary transportation while the 
38.18 	child is attending the educational program; and must bill the district of the child's residence 
38.19 	for the actual cost of providing the program, as outlined in section 125A.11, except as 
38.20 	provided in paragraph (d) (e). However, the board, lodging, and treatment costs incurred 
38.21 	in behalf of a child with a disability placed outside of the school district of residence by 
38.22 	the commissioner of human services or the commissioner of corrections or their agents, 
38.23 	for reasons other than providing for the child's special educational needs must not become 
38.24 	the responsibility of either the district providing the instruction or the district of the child's 
38.25 	residence. For the purposes of this section, the state correctional facilities operated on a 
38.26 	fee-for-service basis are considered to be residential programs for care and treatment. 
38.27 	(d) (e)  A privately owned and operated residential facility may enter into a contract 
38.28 	to obtain appropriate educational programs for special education children and services 
38.29 	with a joint powers entity. The entity with which the private facility contracts for special 
38.30 	education services shall be the district responsible for providing students placed in that 
38.31 	facility an appropriate educational program in place of the district in which the facility is 
38.32 	located. If a privately owned and operated residential facility does not enter into a contract 
38.33 	under this paragraph, then paragraph (c) (d)  applies.
38.34 	(e) (f)  The district of residence shall pay tuition and other program costs, not 
38.35 	including transportation costs, to the district providing the instruction and services. 
38.36 	The district of residence may claim general education aid for the child as provided by 
39.1 	law. Transportation costs must be paid by the district responsible for providing the 
39.2 	transportation and the state must pay transportation aid to that district.

39.3 	Sec. 4. Minnesota Statutes 2006, section 125A.51, is amended to read:
39.4 	125A.51 PLACEMENT OF CHILDREN WITHOUT DISABILITIES; 
39.5 	EDUCATION AND TRANSPORTATION.
39.6 	The responsibility for providing instruction and transportation for a pupil without a 
39.7 	disability who has a short-term or temporary physical or emotional illness or disability, as 
39.8 	determined by the standards of the commissioner, and who is temporarily placed for care 
39.9 	and treatment for that illness or disability, must be determined as provided in this section.
39.10 	(a) The school district of residence of the pupil is the district in which the pupil's 
39.11 	parent or guardian resides.
39.12 	(b) When parental rights have been terminated by court order, the legal residence 
39.13 	of a child placed in a residential or foster facility for care and treatment is the district in 
39.14 	which the child resides.
39.15 	(c) Before the placement of a pupil for care and treatment, the district of residence 
39.16 	must be notified and provided an opportunity to participate in the placement decision. 
39.17 	When an immediate emergency placement is necessary and time does not permit 
39.18 	resident district participation in the placement decision, the district in which the pupil is 
39.19 	temporarily placed, if different from the district of residence, must notify the district of 
39.20 	residence of the emergency placement within 15 days of the placement. When placement 
39.21 	has been made without prior consultation with the resident district, the resident district 
39.22 	has up to five business days following notice of the emergency placement to respond and 
39.23 	must, at that time, be provided an opportunity to participate in the placement decision.
39.24 	(d) When a pupil without a disability is temporarily placed for care and treatment 
39.25 	in a day program and the pupil continues to live within the district of residence during 
39.26 	the care and treatment, the district of residence must provide instruction and necessary 
39.27 	transportation to and from the care and treatment facility program for the pupil. The 
39.28 	resident district may establish reasonable restrictions on transportation; however, if a 
39.29 	Minnesota court or state agency has ordered the placement at the day care and treatment 
39.30 	program and the resident district receives a copy of the order, the resident district must 
39.31 	provide transportation to and from the program unless the court or agency otherwise 
39.32 	orders. Transportation shall only be provided by the resident district during regular 
39.33 	operating hours of the that district. The resident district may provide the instruction at a 
39.34 	school within the district of residence, at the pupil's residence, or in the case of a placement 
39.35 	outside of the resident district, in the district in which the day treatment program is located 
40.1 	by paying tuition to that district. The district of placement may contract with a facility to 
40.2 	provide instruction by teachers licensed by the state Board of Teaching.
40.3 	(e) When a pupil without a disability is temporarily placed in a residential program 
40.4 	for care and treatment, the district in which the pupil is placed must provide instruction 
40.5 	for the pupil and necessary transportation while the pupil is receiving instruction, and in 
40.6 	the case of a placement outside of the district of residence, the nonresident district must 
40.7 	bill the district of residence for the actual cost of providing the instruction for the regular 
40.8 	school year and for summer school, excluding transportation costs.
40.9 	(f) Notwithstanding paragraph (e), if the pupil is homeless and placed in a public or 
40.10 	private homeless shelter, then the district that enrolls the pupil under section 127A.47, 
40.11 	subdivision 2, shall provide the transportation, unless the district that enrolls the pupil 
40.12 	and the district in which the pupil is temporarily placed agree that the district in which 
40.13 	the pupil is temporarily placed shall provide transportation. When a pupil without a 
40.14 	disability is temporarily placed in a residential program outside the district of residence, 
40.15 	the administrator of the court placing the pupil must send timely written notice of the 
40.16 	placement to the district of residence. The district of placement may contract with a 
40.17 	residential facility to provide instruction by teachers licensed by the state Board of 
40.18 	Teaching. For purposes of this section, the state correctional facilities operated on a 
40.19 	fee-for-service basis are considered to be residential programs for care and treatment.
40.20 	(g) The district of residence must include the pupil in its residence count of pupil 
40.21 	units and pay tuition as provided in section 123A.488 to the district providing the 
40.22 	instruction. Transportation costs must be paid by the district providing the transportation 
40.23 	and the state must pay transportation aid to that district. For purposes of computing state 
40.24 	transportation aid, pupils governed by this subdivision must be included in the disabled 
40.25 	transportation category if the pupils cannot be transported on a regular school bus route 
40.26 	without special accommodations.

40.27 	Sec. 5. Minnesota Statutes 2006, section 125A.744, subdivision 3, is amended to read:
40.28 		Subd. 3.Implementation. Consistent with section 256B.0625, subdivision 26, 
40.29 	school districts may enroll as medical assistance providers or subcontractors and bill 
40.30 	the Department of Human Services under the medical assistance fee for service claims 
40.31 	processing system for special education services which are covered services under chapter 
40.32 	256B, which are provided in the school setting for a medical assistance recipient, and for 
40.33 	whom the district has secured informed consent consistent with section 13.05, subdivision 
40.34 	4, paragraph (d), and section 256B.77, subdivision 2, paragraph (p), to bill for each type 
40.35 	of covered service. School districts shall be reimbursed by the commissioner of human 
41.1 	services for the federal share of individual education plan health-related services that 
41.2 	qualify for reimbursement by medical assistance, minus up to five percent retained by the 
41.3 	commissioner of human services for administrative costs, not to exceed $350,000 per 
41.4 	fiscal year. The commissioner may withhold up to five percent of each payment to a 
41.5 	school district. Following the end of each fiscal year, the commissioner shall settle up with 
41.6 	each school district in order to ensure that collections from each district for departmental 
41.7 	administrative costs are made on a pro rata basis according to federal earnings for these 
41.8 	services in each district. A school district is not eligible to enroll as a home care provider 
41.9 	or a personal care provider organization for purposes of billing home care services under 
41.10 	sections 256B.0651 and 256B.0653 to 256B.0656 until the commissioner of human 
41.11 	services issues a bulletin instructing county public health nurses on how to assess for the 
41.12 	needs of eligible recipients during school hours. To use private duty nursing services or 
41.13 	personal care services at school, the recipient or responsible party must provide written 
41.14 	authorization in the care plan identifying the chosen provider and the daily amount 
41.15 	of services to be used at school.

41.16 	Sec. 6.  REPEALER.
 41.17 	 Minnesota Statutes 2006, section 121A.67, and Laws 2006, chapter 263, article 3, 
41.18 	section 16,  are repealed.

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

41.20 	ARTICLE 4
41.21 	LIBRARIES

41.22 	Section 1. Minnesota Statutes 2007 Supplement, section 134.31, subdivision 4a, 
41.23 	is amended to read:
41.24 		Subd. 4a.Services to the blind and physically handicapped. The Minnesota 
41.25 	Department of Education shall provide specialized services to the blind and physically 
41.26 	handicapped through the Minnesota Braille and Talking Book Library for the Blind and 
41.27 	Physically Handicapped under a cooperative plan with the National Library Services for 
41.28 	the Blind and Physically Handicapped of the Library of Congress.

41.29 	Sec. 2. Minnesota Statutes 2006, section 134.31, subdivision 6, is amended to read:
41.30 		Subd. 6.Advisory committee. The commissioner shall appoint an advisory 
41.31 	committee of five members to advise the staff of the Minnesota Braille and Talking 
41.32 	Book Library for the Blind and Physically Handicapped on long-range plans and library 
42.1 	services. Members shall be people who use the library. Section 15.059 governs this 
42.2 	committee except that the committee shall not expire.

42.3 	Sec. 3. Minnesota Statutes 2006, section 134.31, is amended by adding a subdivision 
42.4 	to read:
42.5 		Subd. 7.Telephone or electronic meetings. (a) Notwithstanding section 13D.01, 
42.6 	the Advisory Committee for the Minnesota Braille and Talking Book Library may conduct 
42.7 	a meeting of its members by telephone or other electronic means so long as the following 
42.8 	conditions are met:
42.9 	(1) all members of the committee participating in the meeting, wherever their 
42.10 	physical locations, can hear one another and can hear all discussion and testimony;
42.11 	(2) members of the public present at the regular meeting location of the committee 
42.12 	can hear all discussion, testimony, and votes of the members of the committee;
42.13 	(3) at least one member of the committee is physically present at the regular meeting 
42.14 	location; and
42.15 	(4) all votes are conducted by roll call, so each member's votes on each issue can be 
42.16 	identified and recorded.
42.17 	(b) Each member of the committee participating in a meeting by telephone or other 
42.18 	electronic means is considered present at the meeting for purposes of determining quorum 
42.19 	and participating in all proceedings.
42.20 	(c) If telephone or other electronic means is used to conduct a meeting, to the extent 
42.21 	practical, the committee shall allow a person to monitor the meeting electronically from a 
42.22 	remote location. The committee may require the person making the connection to pay 
42.23 	for the documented marginal costs that the committee incurs as a result of the additional 
42.24 	connection.
42.25 	(d) If telephone or other electronic means is used to conduct a regular, special, or 
42.26 	emergency meeting, the committee shall provide notice of the regular meeting location, 
42.27 	the fact that some members may participate by telephone or other electronic means, and 
42.28 	the provisions of paragraph (c). The timing and method of providing notice is governed 
42.29 	by section 13D.04.

42.30 	Sec. 4. [134.55] ELECTRONIC LIBRARY FOR MINNESOTA.
42.31 	Notwithstanding Laws 1998, chapter 398, article 9, section 7, as amended by Laws 
42.32 	1999, chapter 241, article 8, section 3, a school media center, public library as defined 
42.33 	by section 134.001, subdivision 2, state government agency library, and public or private 
43.1 	college or university library must be given access to the electronic library for Minnesota 
43.2 	databases regardless of whether or not they are a member of a regional library system.

43.3 	ARTICLE 5
43.4 	STATE AGENCIES

43.5 	Section 1. Minnesota Statutes 2006, section 125A.65, subdivision 4, is amended to 
43.6 	read:
43.7 		Subd. 4.Unreimbursed costs. (a) For fiscal year 2006, in addition to the tuition 
43.8 	charge allowed in subdivision 3, the academies may charge the child's district of residence 
43.9 	for the academy's unreimbursed cost of providing an instructional aide assigned to that 
43.10 	child, after deducting the special education aid under section 125A.76, attributable to the 
43.11 	child, if that aide is required by the child's individual education plan. Tuition received 
43.12 	under this paragraph must be used by the academies to provide the required service.
43.13 	(b) For fiscal year 20072008 and later, the special education aid paid to the 
43.14 	academies shall be increased by the academy's unreimbursed cost of providing anone 
43.15 	to one instructional aideand behavioral management aides assigned to a child, after 
43.16 	deducting the special education aid under section 125A.76 attributable to the child, if that 
43.17 	aide isthe aides are required by the child's individual education plan. Aid received under 
43.18 	this paragraph must be used by the academies to provide the required service.
43.19 	(c) For fiscal year 20072008 and later, the special education aid paid to the district 
43.20 	of the child's residence shall be reduced by the amount paid to the academies for district 
43.21 	residents under paragraph (b).
43.22 	(d) Notwithstanding section 127A.45, subdivision 3, beginning in fiscal year 2008, 
43.23 	the commissioner shall make an estimated final adjustment payment to the Minnesota 
43.24 	State Academies for general education aid and special education aid for the prior fiscal 
43.25 	year by August 15.
43.26 	(e) For fiscal year 2007, the academies may retain receipts received through mutual 
43.27 	agreements with school districts for one to one behavior management aides.

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

43.29 	Sec. 2. Minnesota Statutes 2006, section 125A.65, is amended by adding a subdivision 
43.30 	to read:
43.31 		Subd. 11.Third party reimbursement. The Minnesota State Academies must seek 
43.32 	reimbursement under section 125A.21 from third parties for the cost of services provided 
44.1 	by the Minnesota State Academies whenever the services provided are otherwise covered 
44.2 	by a child's public or private health plan.

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

44.4 	Sec. 3. [125B.015] STATE AND SCHOOL DISTRICT TECHNOLOGY 
44.5 	STANDARDS.
44.6 	(a) The commissioner, the Minnesota Education Technology Task Force, and 
44.7 	representatives of school districts must enter into a technology partnership to identify for 
44.8 	school districts the robust technology tools and systems that improve the educational 
44.9 	achievement of all Minnesota students. The partnership must establish a foundation of 
44.10 	flexible shared services that supports state development and implementation of new and 
44.11 	more efficient educational business practices, including the use of modern analytical 
44.12 	tools that help schools and school districts make data-driven decisions and increase 
44.13 	instructional time. The partnership also must anticipate the needs of school districts for 
44.14 	effectively using emerging technologies to make the best and most cost-effective use 
44.15 	of finite educational resources.
44.16 	(b) The commissioner, in collaboration with the other members of the technology 
44.17 	partnership and other interested and affected stakeholders, must establish and then 
44.18 	maintain, revise, and publish every four years beginning June 1, 2012, state and district 
44.19 	technology standards and accompanying guidelines. The commissioner must use the 
44.20 	technology standards to maintain a uniform data collection system premised on:
44.21 	(1) common data definitions for all required data elements;
44.22 	(2) a common course catalogue;
44.23 	(3) common transcript definitions; and
44.24 	(4) school district infrastructure technology standards.

44.25 	EFFECTIVE DATE. This section is effective the day following final enactment 
44.26 	and applies to the 2008-2009 school year and later.

44.27 	Sec. 4. Minnesota Statutes 2006, section 125B.07, is amended by adding a subdivision 
44.28 	to read:
44.29 		Subd. 8.Technology data and guidelines. The department shall maintain a list of 
44.30 	technology infrastructure data including, but not limited to, the following data:
44.31 	(1) instructional technology;
44.32 	(2) technology tools;
44.33 	(3) network and data systems administration;
45.1 	(4) data practices;
45.2 	(5) data management; and
45.3 	(6) facilities infrastructure.

45.4 	ARTICLE 6
45.5 	SELF-SUFFICIENCY AND LIFELONG LEARNING

45.6 	Section 1. Minnesota Statutes 2006, section 120A.05, subdivision 10a, is amended to 
45.7 	read:
45.8 		Subd. 10a.Kindergarten. (a) "Kindergarten" means a program designed for pupils 
45.9 	five years of age on September 1 of the calendar year in which the school year commences 
45.10 	that prepares pupils to enter first grade the following school year. A program designed for 
45.11 	pupils younger than five years of age on September 1 of the calendar year in which the 
45.12 	school year commences that prepares pupils to enter kindergarten the following school 
45.13 	year is a prekindergarten program.
45.14 	(b) "Full-day kindergarten" means an academic program that prepares pupils to enter 
45.15 	first grade the following school year, provides a minimum of 850 hours in a school year, 
45.16 	includes curriculum and instruction under section 120B.11, and aligns with academic 
45.17 	standards under section 120B.021, subdivision 1. Revenues and expenditures for full-day 
45.18 	kindergarten must be accounted for in the school district's general fund. Learning activities 
45.19 	provided as a part of a community education program are not kindergarten, and must be 
45.20 	accounted for in the school district's community service fund.

45.21 	Sec. 2. Minnesota Statutes 2006, section 123B.36, subdivision 1, is amended to read:
45.22 		Subdivision 1.School boards may require fees. (a) For purposes of this 
45.23 	subdivision, "home school" means a home school as defined in sections 120A.22 and 
45.24 	120A.24 with five or fewer students receiving instruction. 
45.25 	(b) A school board is authorized to require payment of fees in the following areas:
45.26 	(1) in any program where the resultant product, in excess of minimum requirements 
45.27 	and at the pupil's option, becomes the personal property of the pupil;
45.28 	(2) admission fees or charges for extracurricular activities, where attendance 
45.29 	is optional and where the admission fees or charges a student must pay to attend or 
45.30 	participate in an extracurricular activity is the same for all students, regardless of whether 
45.31 	the student is enrolled in a public or a home school;
45.32 	(3) a security deposit for the return of materials, supplies, or equipment;
46.1 	(4) personal physical education and athletic equipment and apparel, although any 
46.2 	pupil may personally provide it if it meets reasonable requirements and standards relating 
46.3 	to health and safety established by the board;
46.4 	(5) items of personal use or products that a student has an option to purchase such as 
46.5 	student publications, class rings, annuals, and graduation announcements;
46.6 	(6) fees specifically permitted by any other statute, including but not limited to 
46.7 	section 171.05, subdivision 2; provided (i) driver education fees do not exceed the actual 
46.8 	cost to the school and school district of providing driver education, and (ii) the driver 
46.9 	education courses are open to enrollment to persons between the ages of 15 and 18 who 
46.10 	reside or attend school in the school district; 
46.11 	(7) field trips considered supplementary to a district educational program;
46.12 	(8) any authorized voluntary student health and accident benefit plan;
46.13 	(9) for the use of musical instruments owned or rented by the district, a reasonable 
46.14 	rental fee not to exceed either the rental cost to the district or the annual depreciation plus 
46.15 	the actual annual maintenance cost for each instrument;
46.16 	(10) transportation of pupils to and from extracurricular activities conducted at 
46.17 	locations other than school, where attendance is optional;
46.18 	(11) transportation to and from school of pupils living within two miles from school 
46.19 	and all other transportation services not required by law. If a district charges fees for 
46.20 	transportation of pupils, it must establish guidelines for that transportation to ensure that 
46.21 	no pupil is denied transportation solely because of inability to pay;
46.22 	(12) motorcycle classroom education courses conducted outside of regular school 
46.23 	hours; provided the charge must not exceed the actual cost of these courses to the school 
46.24 	district;
46.25 	(13) transportation to and from postsecondary institutions for pupils enrolled under 
46.26 	the postsecondary enrollment options program under section 123B.88, subdivision 22. 
46.27 	Fees collected for this service must be reasonable and must be used to reduce the cost 
46.28 	of operating the route. Families who qualify for mileage reimbursement under section 
46.29 	124D.09, subdivision 22, may use their state mileage reimbursement to pay this fee. If 
46.30 	no fee is charged, districts must allocate costs based on the number of pupils riding the 
46.31 	route; and
46.32 	(14) the additional cost of an optional full-day kindergarten program in a district or a 
46.33 	charter school that also provides a half-time kindergarten option, except that no fee shall 
46.34 	be charged for providing a child with a disability a free and appropriate public education 
46.35 	in accordance with the child's individualized education program according to section 
47.1 	125A.03. If a district charges fees for a full-day kindergarten program, it must establish a 
47.2 	reasonable sliding fee scale but it shall waive the fee for a participant unable to pay. 

47.3 	Sec. 3. Minnesota Statutes 2006, section 123B.37, subdivision 1, is amended to read:
47.4 		Subdivision 1.Boards shall not charge certain fees. (a) A board is not authorized 
47.5 	to charge fees in the following areas:
47.6 	(1) textbooks, workbooks, art materials, laboratory supplies, towels;
47.7 	(2) supplies necessary for participation in any instructional course except as 
47.8 	authorized in sections 123B.36 and 123B.38; 
47.9 	(3) field trips that are required as a part of a basic education program or course;
47.10 	(4) graduation caps, gowns, any specific form of dress necessary for any educational 
47.11 	program, and diplomas;
47.12 	(5) instructional costs for necessary school personnel employed in any course or 
47.13 	educational program required for graduation except as authorized in section 123B.36, 
47.14 	subdivision 1, clause (14);
47.15 	(6) library books required to be utilized for any educational course or program;
47.16 	(7) admission fees, dues, or fees for any activity the pupil is required to attend;
47.17 	(8) any admission or examination cost for any required educational course or 
47.18 	program;
47.19 	(9) locker rentals;
47.20 	(10) transportation to and from school of pupils living two miles or more from 
47.21 	school.
47.22 	(b) Notwithstanding paragraph (a), clauses (1) and (6), a board may charge fees 
47.23 	for textbooks, workbooks, and library books, lost or destroyed by students. The board 
47.24 	must annually notify parents or guardians and students about its policy to charge a fee 
47.25 	under this paragraph.

47.26 	Sec. 4. Minnesota Statutes 2006, section 124D.19, subdivision 14, is amended to read:
47.27 		Subd. 14.Community education; annual report. Each district offering a 
47.28 	community education program under this section must annually complete a program 
47.29 	report to the department information regarding the cost per participant and cost per contact 
47.30 	hour for each community education program, including youth after-school enrichment 
47.31 	programs, that receives aid or levy. The department must include cost per participant and 
47.32 	cost per contact hour information by program in the community education annual report.

48.1 	Sec. 5. Minnesota Statutes 2006, section 124D.522, is amended to read:
48.2 	124D.522 ADULT BASIC EDUCATION SUPPLEMENTAL SERVICE 
48.3 	GRANTS.
48.4 	(a) The commissioner, in consultation with the policy review task force under 
48.5 	section 124D.521, may make grants to nonprofit organizations to provide services that 
48.6 	are not offered by a district adult basic education program or that are supplemental to 
48.7 	either the statewide adult basic education program, or a district's adult basic education 
48.8 	program. The commissioner may make grants for: staff development for adult basic 
48.9 	education teachers and administrators; training for volunteer tutors; training, services, and 
48.10 	materials for serving disabled students through adult basic education programs; statewide 
48.11 	promotion of adult basic education services and programs; development and dissemination 
48.12 	of instructional and administrative technology for adult basic education programs; 
48.13 	programs which primarily serve communities of color; adult basic education distance 
48.14 	learning projects, including television instruction programs; and other supplemental 
48.15 	services to support the mission of adult basic education and innovative delivery of adult 
48.16 	basic education services. 
48.17 	(b) The commissioner must establish eligibility criteria and grant application 
48.18 	procedures. Grants under this section must support services throughout the state, focus on 
48.19 	educational results for adult learners, and promote outcome-based achievement through 
48.20 	adult basic education programs. Beginning in fiscal year 2002, the commissioner may 
48.21 	make grants under this section from the state total adult basic education aid set aside for 
48.22 	supplemental service grants under section 124D.531. Up to one-fourth of the appropriation 
48.23 	for supplemental service grants must be used for grants for adult basic education programs 
48.24 	to encourage and support innovations in adult basic education instruction and service 
48.25 	delivery. A grant to a single organization cannot exceed $100,000 15 percent of the total 
48.26 	supplemental services aid. Nothing in this section prevents an approved adult basic 
48.27 	education program from using state or federal aid to purchase supplemental services. 

48.28 	Sec. 6. Minnesota Statutes 2006, section 124D.55, is amended to read:
48.29 	124D.55 GENERAL EDUCATION DEVELOPMENT (GED) TEST FEES.
48.30 	The commissioner shall pay 60 percent of the fee that is charged to an eligible 
48.31 	individual for the full battery of a general education development (GED) test, but not 
48.32 	more than $20$40 for an eligible individual.