SF 3001

1st Unofficial Engrossment - 85th Legislature (2007 - 2008)

Posted on 12/15/2009 12:00 a.m.

1.1A bill for an act 1.2relating to education; providing for prekindergarten through grade 12 education, 1.3including general education, education excellence, special programs, libraries, 1.4state agencies, and self-sufficiency and lifelong learning; authorizing rulemaking; 1.5appropriating money;amending Minnesota Statutes 2006, sections 13.32, 1.6by adding subdivisions; 120A.22, subdivisions 5, 6; 120B.02; 120B.023, 1.7subdivision 2; 120B.11, subdivision 5; 120B.131, subdivision 2; 121A.11, 1.8subdivisions 1, 2; 122A.07, subdivisions 2, 3; 122A.09, subdivision 4; 122A.14, 1.9by adding subdivisions; 122A.18, by adding a subdivision; 122A.40, subdivision 1.105; 122A.60; 122A.61, subdivision 1; 122A.75, subdivision 1; 123B.14, 1.11subdivision 7; 123B.36, subdivision 1; 123B.49, subdivision 4; 123B.51, by 1.12adding a subdivision; 123B.57, subdivisions 2, 6; 123B.71, subdivision 9; 1.13123B.77, subdivision 3; 123B.81, subdivisions 3, 5; 123B.83, subdivision 1.143; 124D.10, subdivisions 2a, 4a, 6, 6a, 7, 8, 9, 23; 124D.19, subdivision 1.1514; 124D.522; 124D.55; 124D.60, subdivision 1; 124D.86, subdivision 1; 1.16125A.15; 125A.51; 125A.65, subdivision 4, by adding a subdivision; 125A.744, 1.17subdivision 3; 126C.40, subdivision 6; 134.31, subdivision 6, by adding a 1.18subdivision; 135A.14, subdivision 2; Minnesota Statutes 2007 Supplement, 1.19sections 120B.021, subdivision 1; 120B.15; 123B.143, subdivision 1; 123B.81, 1.20subdivision 4; 124D.095, subdivision 4; 124D.10, subdivisions 4, 23a; 124D.13, 1.21subdivision 11; 124D.531, subdivision 1; 125A.14; 126C.10, subdivision 34; 1.22127A.49, subdivisions 2, 3; 134.31, subdivision 4a; proposing coding for 1.23new law in Minnesota Statutes, chapters 3; 120B; 121A; 124D; 125B; 127A; 1.24repealing Minnesota Statutes 2006, sections 121A.67; 125A.16; 125A.19; 1.25125A.20; 125A.57; Laws 2006, chapter 263, article 3, section 16. 1.26BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 1.27ARTICLE 1 1.28GENERAL EDUCATION 1.29    Section 1. new text begin [3.9855] EDUCATION FIRST. new text end 1.30     new text begin Notwithstanding any law to the contrary, during a regular legislative session, the new text end 1.31 new text begin legislature must pass and send to the governor, the state early education through grade new text end 1.32 new text begin 12 biennial finance legislation in the first year of the biennium and the early education new text end 2.1 new text begin through grade 12 supplemental finance legislation in the second year of the biennium new text end 2.2 new text begin before passing any other state budget finance legislation. new text end 2.3 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end 2.4    Sec. 2. Minnesota Statutes 2006, section 122A.40, subdivision 5, is amended to read: 2.5    Subd. 5. Probationary period. (a) The first three consecutive years of a teacher's 2.6first teaching experience in Minnesota in a single district is deemed to be a probationary 2.7period of employment, and after completion thereof, the probationary period in each 2.8district in which the teacher is thereafter employed shall be one year. The school board 2.9must adopt a plan for written evaluation of teachers during the probationary period. 2.10Evaluation must occur at least three times each year for a teacher performing services on 2.11120 or more school days, at least two times each year for a teacher performing services on 2.1260 to 119 school days, and at least one time each year for a teacher performing services 2.13on fewer than 60 school days. Days devoted to parent-teacher conferences, teachers' 2.14workshops, and other staff development opportunities and days on which a teacher is 2.15absent from school must not be included in determining the number of school days on 2.16which a teacher performs services. Except as otherwise provided in paragraph new text begin paragraphs new text end 2.17(b) new text begin and (c) new text end , during the probationary period any annual contract with any teacher may or 2.18may not be renewed as the school board shall see fit. However, the board must give any 2.19such teacher whose contract it declines to renew for the following school year written 2.20notice to that effect before July 1. If the teacher requests reasons for any nonrenewal 2.21of a teaching contract, the board must give the teacher its reason in writing, including 2.22a statement that appropriate supervision was furnished describing the nature and the 2.23extent of such supervision furnished the teacher during the employment by the board, 2.24within ten days after receiving such request. The school board may, after a hearing held 2.25upon due notice, discharge a teacher during the probationary period for cause, effective 2.26immediately, under section 122A.44. 2.27    (b) A board must discharge a probationary teacher, effective immediately, upon 2.28receipt of notice under section 122A.20, subdivision 1, paragraph (b), that the teacher's 2.29license has been revoked due to a conviction for child abuse or sexual abuse. 2.30    (c) new text begin A school district that fails to evaluate a probationary teacher under paragraph (a) new text end 2.31 new text begin must renew the teacher unless it completes the required evaluation or budget constraints new text end 2.32 new text begin require the board to not renew the probationary teacher. new text end 2.33     new text begin (d) new text end A probationary teacher whose first three years of consecutive employment are 2.34interrupted for active military service and who promptly resumes teaching consistent with 2.35federal reemployment timelines for uniformed service personnel under United States 3.1Code, title 38, section 4312(e), is considered to have a consecutive teaching experience 3.2for purposes of paragraph (a). 3.3    (d) new text begin (e) new text end A probationary teacher must complete at least 60 days of teaching service 3.4each year during the probationary period. Days devoted to parent-teacher conferences, 3.5teachers' workshops, and other staff development opportunities and days on which a 3.6teacher is absent from school do not count as days of teaching service under this paragraph. 3.7    Sec. 3. Minnesota Statutes 2006, section 123B.14, subdivision 7, is amended to read: 3.8    Subd. 7. Clerk records. The clerk shall keep a record of all meetings of the 3.9district and the board in books provided by the district for that purpose. The clerk shall, 3.10within three days after an election, notify all persons elected of their election. By August 3.11 new text begin September new text end 15 of each year the clerk shall file with the board a report of the revenues, 3.12expenditures and balances in each fund for the preceding fiscal year. The report together 3.13with vouchers and supporting documents shall subsequently be examined by a public 3.14accountant or the state auditor, either of whom shall be paid by the district, as provided 3.15in section 123B.77, subdivision 3. The board shall by resolution approve the report or 3.16require a further or amended report. By August new text begin September new text end 15 of each year, the clerk shall 3.17make and transmit to the commissioner certified reports, showing: 3.18    (1) The condition and value of school property; 3.19    (2) new text begin (1) new text end The revenues and expenditures in detail, and such other financial information 3.20required by law, rule, or as may be called for by the commissioner; 3.21    (3) new text begin (2) new text end The length of school term and the enrollment and attendance by grades; and 3.22    (4) new text begin (3) new text end Such other items of information as may be called for by the commissioner. 3.23    The clerk shall enter in the clerk's record book copies of all reports and of the 3.24teachers' term reports, as they appear in the registers, and of the proceedings of any 3.25meeting as furnished by the clerk pro tem, and keep an itemized account of all the 3.26expenses of the district. The clerk shall furnish to the auditor of the proper county, by 3.27October 10 new text begin September 30 new text end of each year, an attested copy of the clerk's record, showing the 3.28amount of money new text begin proposed property taxes new text end voted by the district or the board for school 3.29purposes; draw and sign all orders upon the treasurer for the payment of money for bills 3.30allowed by the board for salaries of officers and for teachers' wages and all claims, to be 3.31countersigned by the chair. Such orders must state the consideration, payee, and the 3.32fund and the clerk shall take a receipt therefor. Teachers' wages shall have preference in 3.33the order in which they become due, and no money applicable for teachers' wages shall 3.34be used for any other purpose, nor shall teachers' wages be paid from any fund except 3.35that raised or apportioned for that purpose. 4.1    Sec. 4. Minnesota Statutes 2006, section 123B.57, subdivision 2, is amended to read: 4.2    Subd. 2. Contents of program. new text begin (a) To qualify for health and safety revenue, new text end a 4.3district must adopt a health and safety program. The program must include plans, where 4.4applicable, for hazardous substance removal, fire and life safety code repairs, regulated 4.5facility and equipment violations, and health, safety, and environmental management, 4.6including indoor air quality management. 4.7    (a) new text begin (b) new text end A hazardous substance plan must contain provisions for the removal or 4.8encapsulation of asbestos from school buildings or property, asbestos-related repairs, 4.9cleanup and disposal of polychlorinated biphenyls found in school buildings or property, 4.10and cleanup, removal, disposal, and repairs related to storing heating fuel or transportation 4.11fuels such as alcohol, gasoline, fuel, oil, and special fuel, as defined in section 296A.01. 4.12If a district has already developed a plan for the removal or encapsulation of asbestos as 4.13required by the federal Asbestos Hazard Emergency Response Act of 1986, the district 4.14may use a summary of that plan, which includes a description and schedule of response 4.15actions, for purposes of this section. The plan must also contain provisions to make 4.16modifications to existing facilities and equipment necessary to limit personal exposure 4.17to hazardous substances, as regulated by the federal Occupational Safety and Health 4.18Administration under Code of Federal Regulations, title 29, part 1910, subpart Z; or is 4.19determined by the commissioner to present a significant risk to district staff or student 4.20health and safety as a result of foreseeable use, handling, accidental spill, exposure, or 4.21contamination. 4.22    (b) new text begin (c) new text end A fire and life safety plan must contain a description of the current fire and new text begin , new text end 4.23life safety new text begin , or elevator new text end code violations, a plan for the removal or repair of the fire and new text begin , new text end life 4.24safety new text begin , or elevator safety new text end hazard, and a description of safety preparation and awareness 4.25procedures to be followed until the hazard is fully corrected. 4.26    (c) new text begin (d) new text end A facilities and equipment violation plan must contain provisions to correct 4.27health and safety hazards as provided in Department of Labor and Industry standards 4.28pursuant to section 182.655. 4.29    (d) new text begin (e) new text end A health, safety, and environmental management plan must contain a 4.30description of training, record keeping, hazard assessment, and program management as 4.31defined in section 123B.56. 4.32    (e) new text begin (f) new text end A plan to test for and mitigate radon produced hazards. 4.33    (f) new text begin (g) new text end A plan to monitor and improve indoor air quality. 4.34 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end 4.35    Sec. 5. Minnesota Statutes 2006, section 123B.57, subdivision 6, is amended to read: 5.1    Subd. 6. Uses of health and safety revenue. (a) Health and safety revenue may 5.2be used only for approved expenditures necessary to correct fire and life safety hazards, 5.3or for the removal or encapsulation of asbestos from school buildings or property 5.4owned or being acquired by the district, asbestos-related repairs, cleanup and disposal 5.5of polychlorinated biphenyls found in school buildings or property owned or being 5.6acquired by the district, or the cleanup, removal, disposal, and repairs related to storing 5.7heating fuel or transportation fuels such as alcohol, gasoline, fuel oil, and special fuel, 5.8as defined in section 296A.01, Minnesota occupational safety and health administration 5.9regulated facility and equipment hazards, indoor air quality mold abatement, upgrades 5.10or replacement of mechanical ventilation systems to meet American Society of Heating, 5.11Refrigerating and Air Conditioning Engineers standards and State Mechanical Code, 5.12Department of Health Food Code and swimming pool hazards excluding depth correction, 5.13and health, safety, and environmental management. Testing and calibration activities are 5.14permitted for existing mechanical ventilation systems at intervals no less than every five 5.15years. new text begin Health and safety revenue may be used to replace or repair elevators, according to a new text end 5.16 new text begin plan adopted under subdivision 2. new text end Health and safety revenue must not be used to finance a 5.17lease purchase agreement, installment purchase agreement, or other deferred payments 5.18agreement. Health and safety revenue must not be used for the construction of new 5.19facilities or the purchase of portable classrooms, for interest or other financing expenses, 5.20or for energy efficiency projects under section 123B.65. The revenue may not be used for 5.21a building or property or part of a building or property used for postsecondary instruction 5.22or administration or for a purpose unrelated to elementary and secondary education. 5.23    (b) Notwithstanding paragraph (a), health and safety revenue must not be used for 5.24replacement of building materials or facilities including roof, walls, windows, internal 5.25fixtures and flooring, nonhealth and safety costs associated with demolition of facilities, 5.26structural repair or replacement of facilities due to unsafe conditions, violence prevention 5.27and facility security, ergonomics, building and heating, ventilating and air conditioning 5.28supplies, maintenance, and cleaning activities. All assessments, investigations, 5.29inventories, and support equipment not leading to the engineering or construction of a 5.30project shall be included in the health, safety, and environmental management costs in 5.31subdivision 8, paragraph (a). 5.32    Sec. 6. Minnesota Statutes 2006, section 123B.77, subdivision 3, is amended to read: 5.33    Subd. 3. Statement for comparison and correction. (a) By November 30 of the 5.34calendar year of the submission of the unaudited financial data, the district must provide to 5.35the commissioner audited financial data for the preceding fiscal year. The audit must be 6.1conducted in compliance with generally accepted governmental auditing standards, the 6.2federal Single Audit Act, and the Minnesota legal compliance guide issued by the Office 6.3of the State Auditor. An audited financial statement prepared in a form which will allow 6.4comparison with and correction of material differences in the unaudited financial data 6.5shall be submitted to the commissioner and the state auditor by December 31. The audited 6.6financial statement must also provide a statement of assurance pertaining to uniform 6.7financial accounting and reporting standards compliance and a copy of the management 6.8letter submitted to the district by the school district's auditor. 6.9    (b) By January new text begin February new text end 15 of the calendar year following the submission of the 6.10unaudited financial data, the commissioner shall convert the audited financial data 6.11required by this subdivision into the consolidated financial statement format required 6.12under subdivision 1a and publish the information on the department's Web site. 6.13    Sec. 7. Minnesota Statutes 2006, section 123B.81, subdivision 3, is amended to read: 6.14    Subd. 3. Debt verification. The commissioner shall establish a uniform auditing or 6.15other verification procedure for districts to determine whether a statutory operating debt 6.16exists in any Minnesota school district as of June 30, 1977. This procedure must identify 6.17all interfund transfers made during fiscal year 1977 from a fund included in computing 6.18statutory operating debt to a fund not included in computing statutory operating debt. 6.19The standards for this uniform auditing or verification procedure must be promulgated 6.20by the state board pursuant to chapter 14. If a district applies to the commissioner for 6.21a statutory operating debt verification or if the unaudited financial statement for the 6.22school year ending June 30, 1977 reveals that a statutory operating debt might exist, the 6.23commissioner shall require a verification of the amount of the statutory operating debt 6.24which actually does exist. 6.25    Sec. 8. Minnesota Statutes 2007 Supplement, section 123B.81, subdivision 4, is 6.26amended to read: 6.27    Subd. 4. Debt elimination. If an audit or other verification procedure conducted 6.28pursuant to subdivision 3 determines that a statutory operating debt exists, a district 6.29must follow the procedures set forth in this section new text begin 123B.83 new text end to eliminate this statutory 6.30operating debt. 6.31    Sec. 9. Minnesota Statutes 2006, section 123B.81, subdivision 5, is amended to read: 6.32    Subd. 5. Certification of debt. The commissioner shall certify the amount of 6.33statutory operating debt for each district. Prior to June 30, 1979, the commissioner may, 7.1on the basis of corrected figures, adjust the total amount of statutory operating debt 7.2certified for any district. 7.3    Sec. 10. Minnesota Statutes 2006, section 123B.83, subdivision 3, is amended to read: 7.4    Subd. 3. Failure to limit expenditures. If a district does not limit its expenditures in 7.5accordance with this section, the commissioner may so notify the appropriate committees 7.6of the legislature by no later than January 1 new text begin February 15 new text end of the year following the end 7.7of that fiscal year. 7.8    Sec. 11. Minnesota Statutes 2007 Supplement, section 126C.10, subdivision 34, 7.9is amended to read: 7.10    Subd. 34. Basic alternative teacher compensation aid. (a) For fiscal years 7.112007 and later, new text begin 2008, and 2009, new text end the basic alternative teacher compensation aid for a 7.12school district with a plan approved under section 122A.414, subdivision 2b, equals 65 7.13 new text begin 73.1 new text end percent of the alternative teacher compensation revenue under section 122A.415, 7.14subdivision 1 . The basic alternative teacher compensation aid for an intermediate school 7.15district or charter school with a plan approved under section 122A.414, subdivisions 2a 7.16and 2b , if the recipient is a charter school, equals $260 times the number of pupils enrolled 7.17in the school on October 1 of the previous fiscal year, or on October 1 of the current fiscal 7.18year for a charter school in the first year of operation, times the ratio of the sum of the 7.19alternative teacher compensation aid and alternative teacher compensation levy for all 7.20participating school districts to the maximum alternative teacher compensation revenue 7.21for those districts under section 122A.415, subdivision 1. 7.22     new text begin (b) For fiscal years 2010 and later, the basic alternative teacher compensation aid new text end 7.23 new text begin for a school district with a plan approved under section 122A.414, subdivision 2b, equals new text end 7.24 new text begin 65 percent of the alternative teacher compensation revenue under section 122A.415, new text end 7.25 new text begin subdivision 1. The basic alternative teacher compensation aid for an intermediate school new text end 7.26 new text begin district or charter school with a plan approved under section 122A.414, subdivisions 2a new text end 7.27 new text begin and 2b, if the recipient is a charter school, equals $260 times the number of pupils enrolled new text end 7.28 new text begin in the school on October 1 of the previous fiscal year, or on October 1 of the current fiscal new text end 7.29 new text begin year for a charter school in the first year of operation, times the ratio of the sum of the new text end 7.30 new text begin alternative teacher compensation aid and alternative teacher compensation levy for all new text end 7.31 new text begin participating school districts to the maximum alternative teacher compensation revenue new text end 7.32 new text begin for those districts under section 122A.415, subdivision 1. new text end 7.33    (b) new text begin (c) new text end Notwithstanding paragraphs (a) and (b) and section 122A.415, subdivision 7.341 , the state total basic alternative teacher compensation aid entitlement must not exceed 8.1$75,636,000 for fiscal year 2007 and later. The commissioner must limit the amount 8.2of alternative teacher compensation aid approved under section 122A.415 so as not to 8.3exceed these limits. 8.4 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end 8.5    Sec. 12. Minnesota Statutes 2006, section 126C.40, subdivision 6, is amended to read: 8.6    Subd. 6. Lease purchase; installment buys. (a) Upon application to, and approval 8.7by, the commissioner in accordance with the procedures and limits in subdivision 1, 8.8paragraphs (a) and (b), a district, as defined in this subdivision, may: 8.9    (1) purchase real or personal property under an installment contract or may lease 8.10real or personal property with an option to purchase under a lease purchase agreement, by 8.11which installment contract or lease purchase agreement title is kept by the seller or vendor 8.12or assigned to a third party as security for the purchase price, including interest, if any; and 8.13    (2) annually levy the amounts necessary to pay the district's obligations under the 8.14installment contract or lease purchase agreement. 8.15    (b) The obligation created by the installment contract or the lease purchase 8.16agreement must not be included in the calculation of net debt for purposes of section 8.17475.53 , and does not constitute debt under other law. An election is not required in 8.18connection with the execution of the installment contract or the lease purchase agreement. 8.19    (c) The proceeds of the levy authorized by this subdivision must not be used to 8.20acquire a facility to be primarily used for athletic or school administration purposes. 8.21    (d) For the purposes of this subdivision, "district" means: 8.22    (1) a new text begin racially isolated new text end school district new text begin or a school district with a racially identifiable new text end 8.23 new text begin school new text end required to have a comprehensive new text begin desegregation or integration new text end plan for the 8.24elimination of segregation new text begin under Minnesota Rules, parts 3535.0100 to 3535.0180, which new text end 8.25 new text begin is eligible for revenue under section 124D.86, subdivision 3, clause (1), (2), or (3), new text end 8.26 new text begin and new text end whose plan has been determined by the commissioner to be in compliance with 8.27Department of Education rules relating to equality of educational opportunity and school 8.28desegregation and, for a district eligible for revenue under section 124D.86, subdivision 3, 8.29clause (4) new text begin or (5) new text end , where the acquisition of property under this subdivision is determined by 8.30the commissioner to contribute to the implementation of the desegregation plan; or 8.31    (2) a school district that participates in a joint program for interdistrict desegregation 8.32with a district defined in clause (1) if the facility acquired under this subdivision is to 8.33be primarily used for the joint program and the commissioner determines that the joint 8.34programs are being undertaken to implement the districts' desegregation plan. 9.1    (e) Notwithstanding subdivision 1, the prohibition against a levy by a district to lease 9.2or rent a district-owned building to itself does not apply to levies otherwise authorized 9.3by this subdivision. 9.4    (f) For the purposes of this subdivision, any references in subdivision 1 to building 9.5or land shall include personal property. 9.6    Sec. 13. Minnesota Statutes 2007 Supplement, section 127A.49, subdivision 2, is 9.7amended to read: 9.8    Subd. 2. Abatements. Whenever by virtue of chapter 278, sections 270C.86, 9.9375.192 , or otherwise, the net tax capacity or referendum market value of any district for 9.10any taxable year is changed after the taxes for that year have been spread by the county 9.11auditor and the local tax rate as determined by the county auditor based upon the original 9.12net tax capacity is applied upon the changed net tax capacities, the county auditor shall, 9.13prior to February 1 of each year, certify to the commissioner of education the amount of 9.14any resulting net revenue loss that accrued to the district during the preceding year. Each 9.15year, the commissioner shall pay an abatement adjustment to the district in an amount 9.16calculated according to the provisions of this subdivision. This amount shall be deducted 9.17from the amount of the levy authorized by section 126C.46. The amount of the abatement 9.18adjustment must be the product of: 9.19    (1) the net revenue loss as certified by the county auditor, times 9.20    (2) the ratio of: 9.21    (i) the sum of the amounts of the district's certified levy in the third preceding year 9.22according to the following: 9.23    (A) section 123B.57, if the district received health and safety aid according to that 9.24section for the second preceding year; 9.25    (B) section 124D.20, if the district received aid for community education programs 9.26according to that section for the second preceding year; 9.27    (C) section 124D.135, subdivision 3, if the district received early childhood family 9.28education aid according to section 124D.135 for the second preceding year; 9.29    (D) section 126C.17, subdivision 6, if the district received referendum equalization 9.30aid according to that section for the second preceding year; 9.31    (E) section , if the district received general education aid according to 9.32section 126C.13, subdivision 4, paragraph (b), clause (1), of that section in the second 9.33preceding year; 9.34    (F) new text begin (E) new text end section 126C.10, subdivision 13a, if the district received operating capital aid 9.35according to section 126C.10, subdivision 13b, in the second preceding year; 10.1    (G) new text begin (F) new text end section 126C.10, subdivision 29, if the district received equity aid according 10.2to section 126C.10, subdivision 30, in the second preceding year; 10.3    (H) new text begin (G) new text end section 126C.10, subdivision 32, if the district received transition aid 10.4according to section 126C.10, subdivision 33, in the second preceding year; 10.5    (I) new text begin (H) new text end section 123B.53, subdivision 5, if the district received debt service 10.6equalization aid according to section 123B.53, subdivision 6, in the second preceding year; 10.7    (J) new text begin (I) new text end section 124D.22, subdivision 3, if the district received school-age care aid 10.8according to section 124D.22, subdivision 4, in the second preceding year; 10.9    (K) new text begin (J) new text end section 123B.591, subdivision 3, if the district received deferred maintenance 10.10aid according to section 123B.591, subdivision 4, in the second preceding year; and 10.11    (L) new text begin (K) new text end section 126C.10, subdivision 35, if the district received alternative teacher 10.12compensation equalization aid according to section 126C.10, subdivision 36, paragraph 10.13(a), in the second preceding year; to 10.14    (ii) the total amount of the district's certified levy in the third preceding December, 10.15plus or minus auditor's adjustments. 10.16    Sec. 14. Minnesota Statutes 2007 Supplement, section 127A.49, subdivision 3, is 10.17amended to read: 10.18    Subd. 3. Excess tax increment. (a) If a return of excess tax increment is made to a 10.19district pursuant to sections 469.176, subdivision 2, and 469.177, subdivision 9, or upon 10.20decertification of a tax increment district, the school district's aid and levy limitations 10.21must be adjusted for the fiscal year in which the excess tax increment is paid under the 10.22provisions of this subdivision. 10.23    (b) An amount must be subtracted from the district's aid for the current fiscal year 10.24equal to the product of: 10.25    (1) the amount of the payment of excess tax increment to the district, times 10.26    (2) the ratio of: 10.27    (i) the sum of the amounts of the district's certified levy for the fiscal year in which 10.28the excess tax increment is paid according to the following: 10.29    (A) section 123B.57, if the district received health and safety aid according to that 10.30section for the second preceding year; 10.31    (B) section 124D.20, if the district received aid for community education programs 10.32according to that section for the second preceding year; 10.33    (C) section 124D.135, subdivision 3, if the district received early childhood family 10.34education aid according to section 124D.135 for the second preceding year; 11.1    (D) section 126C.17, subdivision 6, if the district received referendum equalization 11.2aid according to that section for the second preceding year; 11.3    (E) section , if the district received general education aid according to 11.4section 126C.13, subdivision 4, paragraph (b), clause (1), of that section in the second 11.5preceding year; 11.6    (F) new text begin (E) new text end section 126C.10, subdivision 13a, if the district received operating capital aid 11.7according to section 126C.10, subdivision 13b, in the second preceding year; 11.8    (G) new text begin (F) new text end section 126C.10, subdivision 29, if the district received equity aid according 11.9to section 126C.10, subdivision 30, in the second preceding year; 11.10    (H) new text begin (G) new text end section 126C.10, subdivision 32, if the district received transition aid 11.11according to section 126C.10, subdivision 33, in the second preceding year; 11.12    (I) new text begin (H) new text end section 123B.53, subdivision 5, if the district received debt service 11.13equalization aid according to section 123B.53, subdivision 6, in the second preceding year; 11.14    (J) new text begin (I) new text end section 124D.22, subdivision 3, if the district received school-age care aid 11.15according to section 124D.22, subdivision 4, in the second preceding year; 11.16    (K) new text begin (J) new text end section 123B.591, subdivision 3, if the district received deferred maintenance 11.17aid according to section 123B.591, subdivision 4, in the second preceding year; and 11.18    (L) new text begin (K) new text end section 126C.10, subdivision 35, if the district received alternative teacher 11.19compensation equalization aid according to section 126C.10, subdivision 36, paragraph 11.20(a), in the second preceding year; to 11.21    (ii) the total amount of the district's certified levy for the fiscal year, plus or minus 11.22auditor's adjustments. 11.23    (c) An amount must be subtracted from the school district's levy limitation for the 11.24next levy certified equal to the difference between: 11.25    (1) the amount of the distribution of excess increment; and 11.26    (2) the amount subtracted from aid pursuant to clause (a). 11.27    If the aid and levy reductions required by this subdivision cannot be made to the aid 11.28for the fiscal year specified or to the levy specified, the reductions must be made from 11.29aid for subsequent fiscal years, and from subsequent levies. The school district must use 11.30the payment of excess tax increment to replace the aid and levy revenue reduced under 11.31this subdivision. 11.32    (d) This subdivision applies only to the total amount of excess increments received 11.33by a district for a calendar year that exceeds $25,000. 12.1ARTICLE 2 12.2EDUCATION EXCELLENCE 12.3    Section 1. Minnesota Statutes 2006, section 13.32, is amended by adding a subdivision 12.4to read: 12.5     new text begin Subd. 8a. new text end new text begin Access to student records; school conferences. new text end new text begin (a) A parent or guardian new text end 12.6 new text begin of a student may designate an individual, defined under paragraph (c), to participate in a new text end 12.7 new text begin school conference involving the child of the parent or guardian. The parent or guardian new text end 12.8 new text begin must provide the school with prior written consent allowing the significant individual to new text end 12.9 new text begin participate in the conference and to receive any data on the child of the consenting parent new text end 12.10 new text begin or guardian that is necessary and relevant to the conference discussions. The consenting new text end 12.11 new text begin parent or guardian may withdraw consent, in writing, at any time. new text end 12.12     new text begin (b) A school may accept the following form, or another consent to release student new text end 12.13 new text begin data form, as sufficient to meet the requirements of this subdivision: new text end 12.14 new text begin "CONSENT TO PARTICIPATE IN CONFERENCES AND new text end 12.15 new text begin RECEIVE STUDENT DATA new text end 12.16     new text begin I, ........................................... (Name of parent or guardian), as parent or guardian of new text end 12.17 new text begin ........................................... (Name of child), consent to allow ........................................... new text end 12.18 new text begin (Name of an individual) to participate in school conferences and receive student data new text end 12.19 new text begin relating to the above-named child, consistent with Minnesota Statutes, section 13.32, new text end 12.20 new text begin subdivision 8a. I understand that I may withdraw my consent, upon written request, at new text end 12.21 new text begin any time. new text end 12.22 new text begin (Signature of parent or guardian) new text end 12.23 new text begin (Date)" new text end 12.24     new text begin (c) For purposes of this section, "an individual" means one additional adult new text end 12.25 new text begin designated by a child's parent or guardian to attend school-related activities and new text end 12.26 new text begin conferences. new text end 12.27 new text begin EFFECTIVE DATE. new text end new text begin This section is effective for the 2008-2009 school year and new text end 12.28 new text begin later. new text end 12.29    Sec. 2. Minnesota Statutes 2006, section 13.32, is amended by adding a subdivision to 12.30read: 12.31     new text begin Subd. 11. new text end new text begin Data to improve instruction. new text end new text begin The Minnesota Department of Education new text end 12.32 new text begin and the Minnesota Office of Higher Education may each share educational data with new text end 12.33 new text begin the other agency for the purpose of analyzing and improving school district instruction, new text end 12.34 new text begin consistent with Code of Federal Regulations, title 34, section 99.31(a)(6). The educational new text end 13.1 new text begin data that may be shared between the two agencies under this subdivision must be limited new text end 13.2 new text begin to: new text end 13.3     new text begin (1) student attendance data that include the name of the school or institution, school new text end 13.4 new text begin district, the year or term of attendance, and term type; new text end 13.5     new text begin (2) student demographic and enrollment data; new text end 13.6     new text begin (3) student academic performance and testing data; and new text end 13.7     new text begin (4) any special academic services provided to a student. new text end 13.8     new text begin Any analysis of or report on these data must contain only summary data. new text end 13.9 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end 13.10    Sec. 3. Minnesota Statutes 2006, section 120B.02, is amended to read: 13.11120B.02 EDUCATIONAL EXPECTATIONS FOR MINNESOTA'S 13.12STUDENTS. 13.13    (a) The legislature is committed to establishing rigorous academic standards for 13.14Minnesota's public school students. To that end, the commissioner shall adopt in rule 13.15statewide academic standards. The commissioner shall not prescribe in rule or otherwise 13.16the delivery system, classroom assessments, or form of instruction that school sites must 13.17use. For purposes of this chapter, a school site is a separate facility, or a separate program 13.18within a facility that a local school board recognizes as a school site for funding purposes. 13.19    (b) All commissioner actions regarding the rule must be premised on the following: 13.20    (1) the rule is intended to raise academic expectations for students, teachers, and 13.21schools; 13.22    (2) any state action regarding the rule must evidence consideration of school district 13.23autonomy; and 13.24    (3) the Department of Education, with the assistance of school districts, must make 13.25available information about all state initiatives related to the rule to students and parents, 13.26teachers, and the general public in a timely format that is appropriate, comprehensive, and 13.27readily understandable. 13.28    (c) When fully implemented, the requirements for high school graduation in 13.29Minnesota must require students to satisfactorily complete, as determined by the school 13.30district, the course credit requirements under section 120B.024 and: new text begin successfully pass new text end 13.31 new text begin graduation examinations required under section 120B.30. new text end 13.32    (1) for students enrolled in grade 8 before the 2005-2006 school year, to pass the 13.33basic skills test requirements; and 14.1    (2) for students enrolled in grade 8 in the 2005-2006 school year and later, to pass 14.2the Minnesota Comprehensive Assessments Second Edition (MCA-IIs). 14.3    (d) The commissioner shall periodically review and report on the state's assessment 14.4process. 14.5    (e) School districts are not required to adopt specific provisions of the federal 14.6School-to-Work programs. 14.7    Sec. 4. Minnesota Statutes 2007 Supplement, section 120B.021, subdivision 1, is 14.8amended to read: 14.9    Subdivision 1. Required academic standards. The following subject areas are 14.10required for statewide accountability: 14.11    (1) language arts; 14.12    (2) mathematics; 14.13    (3) science; 14.14    (4) social studies, including history, geography, economics, and government and 14.15citizenship; 14.16    (5) health and physical education, for which locally developed academic standards 14.17apply; and 14.18    (6) the arts, for which statewide or locally developed academic standards apply, as 14.19determined by the school district. Public elementary and middle schools must offer at least 14.20three and require at least two of the following four arts areas: dance; music; theater; and 14.21visual arts. Public high schools must offer at least three and require at least one of the 14.22following five arts areas: media arts; dance; music; theater; and visual arts. 14.23    The commissioner must submit proposed standards in science and social studies to 14.24the legislature by February 1, 2004. 14.25For purposes of applicable federal law, the academic standards for language arts, 14.26mathematics, and science apply to all public school students, except the very few students 14.27with extreme cognitive or physical impairments for whom an individualized education 14.28plan team has determined that the required academic standards are inappropriate. 14.29An individualized education plan team that makes this determination must establish 14.30alternative standards new text begin with appropriate alternate achievement standards based on these new text end 14.31 new text begin academic standards for students with individualized education plans new text end . 14.32    A school district, no later than the 2007-2008 school year, must adopt graduation 14.33requirements that meet or exceed state graduation requirements established in law or 14.34rule. A school district that incorporates these state graduation requirements before the 14.352007-2008 school year must provide students who enter the 9th grade in or before 15.1the 2003-2004 school year the opportunity to earn a diploma based on existing locally 15.2established graduation requirements in effect when the students entered the 9th grade. 15.3District efforts to develop, implement, or improve instruction or curriculum as a result 15.4of the provisions of this section must be consistent with sections 120B.10, 120B.11, 15.5and 120B.20. 15.6    The commissioner must include the contributions of Minnesota American Indian 15.7tribes and communities as they relate to the academic standards during the review and 15.8revision of the required academic standards. 15.9    Sec. 5. Minnesota Statutes 2006, section 120B.023, subdivision 2, is amended to read: 15.10    Subd. 2. Revisions and reviews required. (a) The commissioner of education must 15.11revise and appropriately embed technology and information literacy standards consistent 15.12with recommendations from school media specialists into the state's academic standards 15.13and graduation requirements and implement a review cycle for state academic standards 15.14and related benchmarks, consistent with this subdivision. During each review cycle, the 15.15commissioner also must examine the alignment of each required academic standard and 15.16related benchmark with the knowledge and skills students need for college readiness and 15.17advanced work in the particular subject area. 15.18    (b) The commissioner in the 2006-2007 school year must revise and align the state's 15.19academic standards and high school graduation requirements in mathematics to require 15.20that students satisfactorily complete the revised mathematics standards, beginning in the 15.212010-2011 school year. Under the revised standards: 15.22    (1) students must satisfactorily complete an algebra I credit by the end of eighth 15.23grade; and 15.24    (2) students scheduled to graduate in the 2014-2015 school year or later must 15.25satisfactorily complete an algebra II credit or its equivalent. 15.26The commissioner also must ensure that the statewide mathematics assessments 15.27administered to students in grades 3 through 8 and 11 beginning in the 2010-2011 school 15.28year are aligned with the state academic standards in mathematics. new text begin The commissioner new text end 15.29 new text begin must ensure that new text end the statewide 11th grade mathematics test new text begin assessment new text end administered to 15.30students under clause (2) new text begin in grade 11 new text end beginning in the 2013-2014 school year must 15.31include new text begin is aligned with state academic standards in mathematics, including new text end algebra II test 15.32items that are aligned with corresponding state academic standards in mathematics. The 15.33commissioner must implement a review of the academic standards and related benchmarks 15.34in mathematics beginning in the 2015-2016 school year. 16.1    (c) The commissioner in the 2007-2008 school year must revise and align the state's 16.2academic standards and high school graduation requirements in the arts to require that 16.3students satisfactorily complete the revised arts standards beginning in the 2010-2011 16.4school year. The commissioner must implement a review of the academic standards and 16.5related benchmarks in arts beginning in the 2016-2017 school year. 16.6    (d) The commissioner in the 2008-2009 school year must revise and align the 16.7state's academic standards and high school graduation requirements in science to require 16.8that students satisfactorily complete the revised science standards, beginning in the 16.92011-2012 school year. new text begin The commissioner also must ensure that the statewide science new text end 16.10 new text begin assessments administered to students under section 120B.30, subdivision 1a, beginning new text end 16.11 new text begin in the 2011-2012 school year, are aligned with the state academic standards in science. new text end 16.12Under the revised standards, students scheduled to graduate in the 2014-2015 school year 16.13or later must satisfactorily complete a chemistry or physics credit. The commissioner 16.14must implement a review of the academic standards and related benchmarks in science 16.15beginning in the 2017-2018 school year. 16.16    (e) The commissioner in the 2009-2010 school year must revise and align the state's 16.17academic standards and high school graduation requirements in language arts to require 16.18that students satisfactorily complete the revised language arts standards beginning in the 16.192012-2013 school year. new text begin The commissioner also must ensure that the statewide language new text end 16.20 new text begin arts assessments administered to students in grades 3 through 8 and grade 10 beginning new text end 16.21 new text begin in the 2012-2013 school year are aligned with the state academic standards in language new text end 16.22 new text begin arts. new text end The commissioner must implement a review of the academic standards and related 16.23benchmarks in language arts beginning in the 2018-2019 school year. 16.24    (f) The commissioner in the 2010-2011 school year must revise and align the state's 16.25academic standards and high school graduation requirements in social studies to require 16.26that students satisfactorily complete the revised social studies standards beginning in the 16.272013-2014 school year. The commissioner must implement a review of the academic 16.28standards and related benchmarks in social studies beginning in the 2019-2020 school year. 16.29    (g) School districts and charter schools must revise and align local academic 16.30standards and high school graduation requirements in health, physical education, world 16.31languages, and career and technical education to require students to complete the revised 16.32standards beginning in a school year determined by the school district or charter school. 16.33School districts and charter schools must formally establish a periodic review cycle for 16.34the academic standards and related benchmarks in health, physical education, world 16.35languages, and career and technical education. 17.1    Sec. 6. Minnesota Statutes 2006, section 120B.131, subdivision 2, is amended to read: 17.2    Subd. 2. Reimbursement for examination fees. The state may reimburse 17.3college-level examination program (CLEP) fees for a Minnesota public or nonpublic high 17.4school student who has successfully completed one or more college-level courses in high 17.5school in the subject matter of each examination in the following subjects: composition 17.6and literature, mathematics and science, social sciences and history, foreign languages, and 17.7business and humanities. The state may reimburse each student for up to six examination 17.8fees. The commissioner shall establish application procedures and a process and schedule 17.9for fee reimbursements. The commissioner must give priority to reimburse the CLEP 17.10examination fees of students of low-income families. 17.11    Sec. 7. Minnesota Statutes 2006, section 120B.11, subdivision 5, is amended to read: 17.12    Subd. 5. Report. (a) By October 1 of each year, the school board shall use standard 17.13statewide reporting procedures the commissioner develops and adopt a report that includes 17.14the following: 17.15    (1) student achievement goals for meeting state academic standards; 17.16    (2) results of local assessment data, and any additional test data; 17.17     new text begin (3) evidence of student achievement in subject areas under section 120B.021, new text end 17.18 new text begin subdivision 1, for which locally developed or statewide academic standards apply and new text end 17.19 new text begin statewide assessments are not developed, and which shall be presented at a local public new text end 17.20 new text begin meeting convened for the purpose of presenting the evidence; new text end 17.21    (3) new text begin (4) new text end the annual school district improvement plans including staff development 17.22goals under section 122A.60; 17.23    (4) new text begin (5) new text end information about district and learning site progress in realizing previously 17.24adopted improvement plans; and 17.25    (5) new text begin (6) new text end the amount and type of revenue attributed to each education site as defined 17.26in section 123B.04. 17.27    (b) The school board shall publish the report in the local newspaper with the largest 17.28circulation in the district, by mail, or by electronic means such as the district Web site. If 17.29electronic means are used, school districts must publish notice of the report in a periodical 17.30of general circulation in the district. School districts must make copies of the report 17.31available to the public on request. The board shall make a copy of the report available to 17.32the public for inspection. The board shall send a copy of the report to the commissioner 17.33of education by October 15 of each year. 18.1    (c) The title of the report shall contain the name and number of the school district and 18.2read "Annual Report on Curriculum, Instruction, and Student Achievement." The report 18.3must include at least the following information about advisory committee membership: 18.4    (1) the name of each committee member and the date when that member's term 18.5expires; 18.6    (2) the method and criteria the school board uses to select committee members; and 18.7    (3) the date by which a community resident must apply to next serve on the 18.8committee. 18.9    Sec. 8. Minnesota Statutes 2007 Supplement, section 120B.15, is amended to read: 18.10120B.15 GIFTED AND TALENTED STUDENTS PROGRAMS. 18.11    (a) School districts may identify students, locally develop programs, provide 18.12staff development, and evaluate programs to provide gifted and talented students with 18.13challenging educational programs. 18.14    (b) School districts may adopt guidelines for assessing and identifying students for 18.15participation in gifted and talented programs. The guidelines should include the use of: 18.16    (1) multiple and objective criteria; and 18.17    (2) assessments and procedures that are valid and reliable, fair, and based on current 18.18theory and research. new text begin ; and new text end 18.19     new text begin (3) an identification appeals process. new text end 18.20    (c) School districts must adopt procedures for the academic acceleration of gifted 18.21and talented students. These procedures must include how the district will: 18.22    (1) assess a student's readiness and motivation for acceleration; and 18.23    (2) match the level, complexity, and pace of the curriculum to a student to achieve 18.24the best type of academic acceleration for that student. 18.25    Sec. 9. new text begin [120B.194] FIREARMS SAFETY CURRICULUM. new text end 18.26     new text begin School districts must allow secondary students to receive firearms safety instruction new text end 18.27 new text begin and complete a firearms safety certification program. The curriculum, instruction, and new text end 18.28 new text begin program certification requirements must be consistent with the firearms safety program for new text end 18.29 new text begin youth developed by the Enforcement Division of the Department of Natural Resources. new text end 18.30 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end 18.31    Sec. 10. Minnesota Statutes 2006, section 121A.11, subdivision 1, is amended to read: 19.1    Subdivision 1. Displayed by schools. Every public school new text begin and charter school new text end in 19.2Minnesota must display an appropriate United States flag when in session. The flag shall 19.3be displayed upon the school grounds or outside the school building, on a proper staff, on 19.4every legal holiday occurring during the school term and at such other times as the board 19.5of the district may direct. The flag must be displayed within the principal rooms of the 19.6school building at all other times while school is in session. 19.7 new text begin EFFECTIVE DATE. new text end new text begin This section is effective for the 2008-2009 school year and new text end 19.8 new text begin later. new text end 19.9    Sec. 11. Minnesota Statutes 2006, section 121A.11, subdivision 2, is amended to read: 19.10    Subd. 2. School boards to provide flags and staffs. new text begin (a) new text end The board must provide 19.11the flag for each of the school buildings in their districts, together with a suitable staff to 19.12display the flag outside of the school building and proper arrangement to display the flag 19.13in the building, and a suitable receptacle for the safekeeping of the flag when not in use. 19.14     new text begin (b) A charter school board of directors that leases space from a public entity also new text end 19.15 new text begin must provide the flag for its charter school, together with a suitable staff to display the new text end 19.16 new text begin flag outside of the charter school building and proper arrangement to display the flag in new text end 19.17 new text begin the building, and a suitable receptacle for the safekeeping of the flag when not in use. A new text end 19.18 new text begin charter school board of directors that leases space from a nonpublic entity must address new text end 19.19 new text begin the requirement under this subdivision to provide flags and staff in its lease. new text end 19.20 new text begin EFFECTIVE DATE. new text end new text begin This section is effective for the 2008-2009 school year and new text end 19.21 new text begin later. new text end 19.22    Sec. 12. new text begin [121A.231] RESPONSIBLE FAMILY LIFE AND SEXUALITY new text end 19.23 new text begin EDUCATION PROGRAMS. new text end 19.24     new text begin Subdivision 1. new text end new text begin Definitions. new text end new text begin (a) "Responsible family life and sexuality education" new text end 19.25 new text begin means education in grades 7 through 12 that: new text end 19.26     new text begin (1) respects community values, marriage, and encourages family communication; new text end 19.27     new text begin (2) develops skills in communication, decision making, and conflict resolution; new text end 19.28     new text begin (3) contributes to healthy relationships; new text end 19.29     new text begin (4) provides human development and sexuality education that is age-appropriate new text end 19.30 new text begin and medically accurate; new text end 19.31     new text begin (5) includes an abstinence-first approach to delaying initiation of sexual activity that new text end 19.32 new text begin emphasizes abstinence while also including education about contraception and disease new text end 19.33 new text begin prevention; and new text end 20.1     new text begin (6) promotes individual responsibility. new text end 20.2     new text begin (b) "Age-appropriate" refers to topics, messages, and teaching methods suitable to new text end 20.3 new text begin particular ages or age groups of children and adolescents, based on developing cognitive, new text end 20.4 new text begin emotional, and behavioral capacity typical for the age or age group. new text end 20.5     new text begin (c) "Medically accurate" means verified or supported by research conducted in new text end 20.6 new text begin compliance with scientific methods and published in peer-reviewed journals, where new text end 20.7 new text begin appropriate, and recognized as accurate and objective by professional organizations new text end 20.8 new text begin and agencies in the relevant field, such as the federal Centers for Disease Control new text end 20.9 new text begin and Prevention, the American Public Health Association, the American Academy of new text end 20.10 new text begin Pediatrics, or the American College of Obstetricians and Gynecologists. new text end 20.11     new text begin Subd. 2. new text end new text begin Curriculum requirements. new text end new text begin (a) Consistent with its curriculum review new text end 20.12 new text begin cycle under section 120B.11, or no later than the start of the 2011-2012 school year, new text end 20.13 new text begin whichever comes first, a school district must offer and may independently establish new text end 20.14 new text begin policies, procedures, curriculum, and services for providing responsible family life and new text end 20.15 new text begin sexuality education that is age-appropriate and medically accurate for grades 7 through 12. new text end 20.16     new text begin (b) A school district must consult with parents or guardians of enrolled students new text end 20.17 new text begin when establishing policies, procedures, curriculum, and services under this subdivision. new text end 20.18     new text begin Subd. 3. new text end new text begin Notice and parental options. new text end new text begin (a) It is the legislature's intent to encourage new text end 20.19 new text begin pupils to communicate with their parents or guardians about human sexuality and to respect new text end 20.20 new text begin rights of parents or guardians to supervise their children's education on these subjects. new text end 20.21     new text begin (b) Parents or guardians may excuse their children from all or part of a responsible new text end 20.22 new text begin family life and sexuality education program. new text end 20.23     new text begin (c) A school district must establish policies and procedures consistent with new text end 20.24 new text begin paragraph (e) and this section for providing parents or guardians reasonable notice with new text end 20.25 new text begin the following information: new text end 20.26     new text begin (1) if the district is offering a responsible family life and sexuality education program new text end 20.27 new text begin to the parents' or guardians' child during the course of the year; new text end 20.28     new text begin (2) how the parents or guardians may inspect the written and audiovisual educational new text end 20.29 new text begin materials used in the program and the process for inspection; new text end 20.30     new text begin (3) if the program is presented by school district personnel or outside consultants, new text end 20.31 new text begin and if outside consultants are used, who they may be; and new text end 20.32     new text begin (4) parents' or guardians' right to choose not to have the child participate in the new text end 20.33 new text begin program and the procedure for exercising that right. new text end 20.34     new text begin (d) A school district must establish policies and procedures for reasonably restricting new text end 20.35 new text begin the availability of written and audiovisual educational materials from public view of new text end 20.36 new text begin students who have been excused from all or part of a responsible family life and sexuality new text end 21.1 new text begin education program at the request of a parent or guardian, consistent with paragraph (e) new text end 21.2 new text begin and this section. new text end 21.3     new text begin (e) A school district may develop a policy for a parent, guardian, or adult student new text end 21.4 new text begin age 18 or older to review the content of the instructional materials under this section. If a new text end 21.5 new text begin school district develops a policy, it must make reasonable arrangements with school new text end 21.6 new text begin personnel for alternative instruction for those pupils whose parents or guardians object to new text end 21.7 new text begin the content of the instruction, and must not impose an academic or other penalty upon a new text end 21.8 new text begin pupil for arranging the alternative instruction. School personnel may evaluate and assess new text end 21.9 new text begin the quality of the pupil's work completed as part of the alternative instruction. new text end 21.10     new text begin Subd. 4. new text end new text begin Assistance to school districts. new text end new text begin (a) The Department of Education may offer new text end 21.11 new text begin services to school districts under paragraph (b), clauses (1) to (12), to the extent funds are new text end 21.12 new text begin available, to help them implement effective responsible family life and sexuality education new text end 21.13 new text begin programs. In making these services available, the department may provide: new text end 21.14     new text begin (1) training for teachers, parents, and community members in the development of new text end 21.15 new text begin responsible family life and sexuality education curriculum or services and in planning new text end 21.16 new text begin for monitoring and evaluation activities; new text end 21.17     new text begin (2) resource staff persons to provide expert training, curriculum development and new text end 21.18 new text begin implementation, and evaluation services; new text end 21.19     new text begin (3) technical assistance to promote and coordinate community, parent, and youth new text end 21.20 new text begin forums in communities identified as having high needs for responsible family life and new text end 21.21 new text begin sexuality education; and new text end 21.22     new text begin (4) technical assistance for issue management and policy development training for new text end 21.23 new text begin school boards, superintendents, principals, and administrators across the state. new text end 21.24     new text begin (b) Technical assistance in accordance with National Health Education Standards new text end 21.25 new text begin provided by the department to school districts may: new text end 21.26     new text begin (1) promote instruction and use of materials that are age-appropriate; new text end 21.27     new text begin (2) provide information that is medically accurate and objective; new text end 21.28     new text begin (3) provide instruction and promote use of materials that are respectful of marriage new text end 21.29 new text begin and commitments in relationships; new text end 21.30     new text begin (4) provide instruction and promote use of materials that are appropriate for use new text end 21.31 new text begin with pupils and family experiences based on race, gender, sexual orientation, and ethnic new text end 21.32 new text begin and cultural background, and appropriately accommodate alternative learning based on new text end 21.33 new text begin language or disability; new text end 21.34     new text begin (5) provide instruction and promote use of materials that encourage pupils to new text end 21.35 new text begin communicate with their parents or guardians about human sexuality; new text end 22.1     new text begin (6) provide instruction and promote use of age-appropriate materials that teach new text end 22.2 new text begin abstinence from sexual intercourse as the only certain way to prevent unintended new text end 22.3 new text begin pregnancy or sexually transmitted infections, including HIV, chlamydia, and human new text end 22.4 new text begin papillomavirus (HPV), and provide information about the role and value of abstinence new text end 22.5 new text begin while also providing medically accurate information on other methods of preventing and new text end 22.6 new text begin reducing risk for unintended pregnancy and sexually transmitted infections; new text end 22.7     new text begin (7) provide instruction and promote use of age-appropriate materials that are new text end 22.8 new text begin medically accurate in explaining transmission modes, risks, symptoms, and treatments for new text end 22.9 new text begin sexually transmitted infections, including HIV, chlamydia, and HPV; new text end 22.10     new text begin (8) provide instruction and promote use of age-appropriate materials that address new text end 22.11 new text begin varied societal views on sexuality, sexual behaviors, pregnancy, and sexually transmitted new text end 22.12 new text begin infections, including HIV, chlamydia, and HPV, in an age-appropriate manner; new text end 22.13     new text begin (9) provide instruction and promote use of age-appropriate materials that provide new text end 22.14 new text begin information about the effectiveness and safety of all FDA-approved methods for new text end 22.15 new text begin preventing and reducing risk for unintended pregnancy and sexually transmitted infections, new text end 22.16 new text begin including HIV, chlamydia, and HPV; new text end 22.17     new text begin (10) provide instruction and promote use of age-appropriate materials that provide new text end 22.18 new text begin instruction in skills for making and implementing responsible decisions about sexuality; new text end 22.19     new text begin (11) provide instruction and promote use of age-appropriate materials that provide new text end 22.20 new text begin instruction in skills for making and implementing responsible decisions about finding and new text end 22.21 new text begin using health services; and new text end 22.22     new text begin (12) provide instruction and promote use of age-appropriate materials that do not new text end 22.23 new text begin teach or promote religious doctrine or bias against a religion or reflect or promote bias new text end 22.24 new text begin against any person on the basis of any category protected under the Minnesota Human new text end 22.25 new text begin Rights Act, chapter 363A. new text end 22.26    Sec. 13. Minnesota Statutes 2006, section 122A.07, subdivision 2, is amended to read: 22.27    Subd. 2. Eligibility; board composition. Except for the representatives of higher 22.28education and the public, to be eligible for appointment to the Board of Teaching a person 22.29must be a teacher currently teaching in a Minnesota school and fully licensed for the 22.30position held and have at least five years teaching experience in Minnesota, including the 22.31two years immediately preceding nomination and appointment. Each nominee, other than 22.32a public nominee, must be selected on the basis of professional experience and knowledge 22.33of teacher education, accreditation, and licensure. The board must be composed of: 23.1    (1) six teachers who are currently teaching in a Minnesota school new text begin or who were new text end 23.2 new text begin teaching at the time of the appointment new text end , at least four of whom must be teaching in a 23.3public school; 23.4    (2) one higher education representative, who must be a faculty member preparing 23.5teachers; 23.6    (3) one school administrator; and 23.7    (4) three members of the public, two of whom must be present or former members 23.8of school boards. 23.9    Sec. 14. Minnesota Statutes 2006, section 122A.07, subdivision 3, is amended to read: 23.10    Subd. 3. Vacant position. new text begin With the exception of a teacher who retires from teaching new text end 23.11 new text begin during the course of completing a board term, new text end the position of a member who leaves 23.12Minnesota or whose employment status changes to a category different from that from 23.13which appointed is deemed vacant. 23.14    Sec. 15. Minnesota Statutes 2006, section 122A.09, subdivision 4, is amended to read: 23.15    Subd. 4. License and rules. (a) The board must adopt rules to license public school 23.16teachers and interns subject to chapter 14. 23.17    (b) The board must adopt rules requiring a person to successfully complete a skills 23.18examination in reading, writing, and mathematics as a requirement for initial teacher 23.19licensure. Such rules must require college and universities offering a board-approved 23.20teacher preparation program to provide remedial assistance to persons who did not 23.21achieve a qualifying score on the skills examination, including those for whom English is 23.22a second language. 23.23    (c) The board must adopt rules to approve teacher preparation programs. The board, 23.24upon the request of a postsecondary student preparing for teacher licensure or a licensed 23.25graduate of a teacher preparation program, shall assist in resolving a dispute between the 23.26person and a postsecondary institution providing a teacher preparation program when the 23.27dispute involves an institution's recommendation for licensure affecting the person or the 23.28person's credentials. At the board's discretion, assistance may include the application 23.29of chapter 14. 23.30    (d) The board must provide the leadership and shall adopt rules for the redesign of 23.31teacher education programs to implement a research based, results-oriented curriculum 23.32that focuses on the skills teachers need in order to be effective. The board shall implement 23.33new systems of teacher preparation program evaluation to assure program effectiveness 23.34based on proficiency of graduates in demonstrating attainment of program outcomes. new text begin new text end 24.1 new text begin The board must require that persons enrolled in a teacher preparation program receive new text end 24.2 new text begin instruction in historical and cultural competencies related to Minnesota American new text end 24.3 new text begin Indian tribes and communities and their contributions to Minnesota, consistent with new text end 24.4 new text begin sections 120B.021, subdivision 1, and 124D.71 to 124D.82. The competencies related new text end 24.5 new text begin to Minnesota American Indian tribes and communities must include, among other new text end 24.6 new text begin components, standards for instructional practices most effective for successfully teaching new text end 24.7 new text begin elementary and secondary American Indian students. new text end 24.8    (e) The board must adopt rules requiring successful completion of an examination 24.9of general pedagogical knowledge and examinations of licensure-specific teaching 24.10skills. The rules shall be effective on the dates determined by the board but not later 24.11than September 1, 2001. 24.12    (f) The board must adopt rules requiring teacher educators to work directly with 24.13elementary or secondary school teachers in elementary or secondary schools to obtain 24.14periodic exposure to the elementary or secondary teaching environment. 24.15    (g) The board must grant licenses to interns and to candidates for initial licenses. 24.16    (h) The board must design and implement an assessment system which requires a 24.17candidate for an initial license and first continuing license to demonstrate the abilities 24.18necessary to perform selected, representative teaching tasks at appropriate levels. 24.19    (i) The board must receive recommendations from local committees as established 24.20by the board for the renewal of teaching licenses. 24.21    (j) The board must grant life licenses to those who qualify according to requirements 24.22established by the board, and suspend or revoke licenses pursuant to sections 122A.20 and 24.23214.10 . The board must not establish any expiration date for application for life licenses. 24.24    (k) The board must adopt rules that require all licensed teachers who are renewing 24.25their continuing license to include in their renewal requirements further preparation in 24.26the areas of using positive behavior interventions and in accommodating, modifying, and 24.27adapting curricula, materials, and strategies to appropriately meet the needs of individual 24.28students and ensure adequate progress toward the state's graduation rule. 24.29    (l) In adopting rules to license public school teachers who provide health-related 24.30services for disabled children, the board shall adopt rules consistent with license or 24.31registration requirements of the commissioner of health and the health-related boards who 24.32license personnel who perform similar services outside of the school. 24.33    (m) The board must adopt rules that require all licensed teachers who are renewing 24.34their continuing license to include in their renewal requirements further reading 24.35preparation, consistent with section 122A.06, subdivision 4. The rules do not take effect 24.36until they are approved by law. Teachers who do not provide direct instruction including, at 25.1least, counselors, school psychologists, school nurses, school social workers, audiovisual 25.2directors and coordinators, and recreation personnel are exempt from this section. 25.3    (n) The board must adopt rules that require all licensed teachers who are renewing 25.4their continuing license to include in their renewal requirements further preparation 25.5in understanding the key warning signs of early-onset mental illness in children and 25.6adolescents. 25.7 new text begin EFFECTIVE DATE. new text end new text begin This section is effective for the 2008-2009 school year and new text end 25.8 new text begin later. new text end 25.9    Sec. 16. Minnesota Statutes 2006, section 122A.14, is amended by adding a 25.10subdivision to read: 25.11     new text begin Subd. 2a. new text end new text begin Gifted and talented preparation. new text end new text begin A university approved by the board to new text end 25.12 new text begin prepare candidates for administrative licensure must provide candidates, as part of the new text end 25.13 new text begin traditional and alternative preparation programs, the opportunity to acquire competency in new text end 25.14 new text begin administering gifted and talented services. new text end 25.15 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment new text end 25.16 new text begin and applies to candidates who enroll in either a traditional or an alternative preparation new text end 25.17 new text begin administrator licensure program after August 15, 2009. new text end 25.18    Sec. 17. Minnesota Statutes 2006, section 122A.14, is amended by adding a 25.19subdivision to read: 25.20     new text begin Subd. 2c. new text end new text begin Gifted and talented preparation; board review. new text end new text begin (a) The board must new text end 25.21 new text begin periodically review and approve traditional and alternative preparation sequences for new text end 25.22 new text begin school administrators and the sequence of competencies in administering gifted and new text end 25.23 new text begin talented student programs and services. new text end 25.24     new text begin (b) The board also may advise a university on developing and implementing new text end 25.25 new text begin continuing education programs focused on building competencies for administering gifted new text end 25.26 new text begin and talented programs and other gifted services. new text end 25.27 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end 25.28    Sec. 18. Minnesota Statutes 2006, section 122A.18, is amended by adding a 25.29subdivision to read: 25.30     new text begin Subd. 10. new text end new text begin Gifted and talented preparation; board review. new text end new text begin (a) A college or new text end 25.31 new text begin university with a teacher preparation program approved by the board must provide teacher new text end 26.1 new text begin candidates with the opportunity to acquire competency in recognizing gifted students and new text end 26.2 new text begin in providing classroom instruction to gifted and talented students. new text end 26.3     new text begin (b) The board must periodically review and approve traditional and alternative new text end 26.4 new text begin sequences for teacher candidates in recognizing gifted students and in providing classroom new text end 26.5 new text begin instruction to gifted and talented students. new text end 26.6 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment new text end 26.7 new text begin and applies to teacher candidates who enroll in either a traditional or an alternative new text end 26.8 new text begin preparation teacher licensure program after September 1, 2009. new text end 26.9    Sec. 19. Minnesota Statutes 2006, section 122A.60, is amended to read: 26.10122A.60 STAFF DEVELOPMENT PROGRAM. 26.11    Subdivision 1. Staff development committee. A school board must use the revenue 26.12authorized in section 122A.61 for in-service education for programs under section 26.13120B.22, subdivision 2 , or for staff development plans under this section. The board 26.14must establish an advisory staff development committee to develop the plan, assist site 26.15professional development teams in developing a site plan consistent with the goals of the 26.16plan, and evaluate staff development efforts at the site level. A majority of the advisory 26.17committee and the site professional development team must be teachers representing 26.18various grade levels, subject areas, and special education. The advisory committee must 26.19also include nonteaching staff, parents, and administrators. 26.20    Subd. 1a. Effective staff development activities. (a) Staff development activities 26.21must new text begin be aligned with the district and school site staff development plans, based on student new text end 26.22 new text begin achievement data, focused on student learning goals, and used in the classroom setting. new text end 26.23 new text begin Activities must new text end : 26.24    (1) focus on the school classroom and research-based strategies that improve student 26.25learning; 26.26    (2) provide opportunities for teachers to practice and improve their instructional 26.27skills over time; 26.28    (3) provide new text begin regular new text end opportunities for teachers to use student data as part of their 26.29daily work to increase student achievement; 26.30    (4) enhance teacher content knowledge and instructional skills; 26.31    (5) align with state and local academic standards; 26.32    (6) provide new text begin job-embedded or integrated professional development new text end opportunities 26.33 new text begin during teacher contract day new text end to build professional relationships, foster collaboration among 26.34principals and staff who provide instruction new text begin to identify instructional strategies to meet new text end 27.1 new text begin student learning goals, plan for instruction, practice new teaching strategies, review new text end 27.2 new text begin the results of implementing strategies new text end , and provide opportunities for teacher-to-teacher 27.3 new text begin coaching and new text end mentoring; and 27.4    (7) align with the plan of the district or site for an alternative teacher professional 27.5pay system. 27.6Staff development activities may new text begin also new text end include curriculum development and curriculum 27.7training programs, and activities that provide teachers and other members of site-based 27.8teams training to enhance team performance. The school district also may implement other 27.9staff development activities required by law and activities associated with professional 27.10teacher compensation models. 27.11    (b) Release time provided for teachers to supervise students on field trips and school 27.12activities, or independent tasks not associated with enhancing the teacher's knowledge 27.13and instructional skills, such as preparing report cards, calculating grades, or organizing 27.14classroom materials, may not be counted as staff development time that is financed with 27.15staff development reserved revenue under section 122A.61. 27.16    Subd. 2. Contents of the plan. The plan must new text begin be based on student achievement and new text end 27.17include new text begin student learning goals, new text end the staff development outcomes under subdivision 3, the 27.18means to achieve the outcomes, and procedures for evaluating progress at each school 27.19site toward meeting education outcomes. 27.20    Subd. 3. Staff development outcomes. The advisory staff development committee 27.21must adopt a staff development plan for new text begin increasing teacher effectiveness and new text end improving 27.22student achievement. The plan must be consistent with education outcomes that the 27.23school board determines. The plan must include ongoing staff development activities that 27.24contribute toward continuous improvement in achievement of the following goals: 27.25    (1) improve student achievement of state and local education standards in all areas 27.26of the curriculum by using new text begin research-based new text end best practices methods; 27.27    (2) effectively meet the needs of a diverse student population, including at-risk 27.28children, new text begin English language learners, new text end children with disabilities, and gifted children, within 27.29the regular classroom and other settings; 27.30    (3) provide an inclusive curriculum for a racially, ethnically, and culturally diverse 27.31student population that is consistent with the state education diversity rule and the district's 27.32education diversity plan; 27.33    (4) improve staff collaboration and develop mentoring and peer coaching programs 27.34for teachers new to the school or district new text begin or in their first five years of teaching new text end ; 28.1    (5) effectively teach and model violence prevention policy and curriculum that 28.2address early intervention alternatives, issues of harassment, and teach nonviolent 28.3alternatives for conflict resolution; and 28.4    (6) provide teachers and other members of site-based management teams with 28.5appropriate management and financial management skills. 28.6    Subd. 4. Staff development report. (a) By October 15 new text begin 1 new text end of each year, the district 28.7and site staff development committees shall write and submit a report of staff development 28.8activities and expenditures for the previous year, in the form and manner determined by 28.9the commissioner. The report, signed by the district superintendent and staff development 28.10chair, must include assessment and evaluation data indicating progress toward district and 28.11site staff development goals based on teaching and learning outcomes, including the 28.12percentage of teachers and other staff involved in instruction who participate in effective 28.13staff development activities under subdivision 3. 28.14    (b) The report must break down expenditures for: 28.15    (1) curriculum development and curriculum training programs; and 28.16    (2) staff development training models, workshops, and conferences, and the cost of 28.17releasing teachers or providing substitute teachers for staff development purposes. 28.18    The report also must indicate whether the expenditures were incurred at the district 28.19level or the school site level, and whether the school site expenditures were made possible 28.20by grants to school sites that demonstrate exemplary use of allocated staff development 28.21revenue. These expenditures must be reported using the uniform financial and accounting 28.22and reporting standards. 28.23    (c) The commissioner shall report the staff development progress and expenditure 28.24data to the house of representatives and senate committees having jurisdiction over 28.25education by February 15 each year. 28.26    Sec. 20. Minnesota Statutes 2006, section 122A.61, subdivision 1, is amended to read: 28.27    Subdivision 1. Staff development revenue. A district is required to reserve 28.28an amount equal to at least two percent of the basic revenue under section 126C.10, 28.29subdivision 2 , for in-service education for programs under section 120B.22, subdivision 2, 28.30for new text begin with the primary purpose of creating and implementing district and school site new text end staff 28.31development plans, including new text begin . Funds may also be used to support new text end plans for challenging 28.32instructional activities and experiences under section 122A.60, and for curriculum 28.33development and programs, other in-service education, teachers' workshops, teacher 28.34conferences, the cost of substitute teachers staff development purposes, preservice and 28.35in-service education for special education professionals and paraprofessionals, and other 29.1related costs for staff development efforts. A district may annually waive the requirement 29.2to reserve their basic revenue under this section if a majority vote of the licensed teachers 29.3in the district and a majority vote of the school board agree to a resolution to waive the 29.4requirement. A district in statutory operating debt is exempt from reserving basic revenue 29.5according to this section. Districts may expend an additional amount of unreserved 29.6revenue for staff development based on their needs. With the exception of amounts 29.7reserved for staff development from revenues allocated directly to school sites, the board 29.8must initially allocate 50 percent of the reserved revenue to each school site in the district 29.9on a per teacher basis, which must be retained by the school site until used. The board may 29.10retain 25 percent to be used for district wide staff development efforts. The remaining 29.1125 percent of the revenue must be used to make grants to school sites for best practices 29.12methods. A grant may be used for any purpose authorized under section 120B.22, 29.13subdivision 2 , 122A.60, or for the costs of curriculum development and programs, 29.14other in-service education, teachers' workshops, teacher conferences, substitute teachers 29.15for staff development purposes, and other staff development efforts, and determined by 29.16the site professional development team. The site professional development team must 29.17demonstrate to the school board the extent to which staff at the site have met the outcomes 29.18of the program. The board may withhold a portion of initial allocation of revenue if the 29.19staff development outcomes are not being met. 29.20    Sec. 21. Minnesota Statutes 2006, section 122A.75, subdivision 1, is amended to read: 29.21    Subdivision 1. Services. An Administrators Academy is established. The academy 29.22shall provide at least the following services: 29.23    (1) an administrator assessment that results in an individual professional 29.24development plan; 29.25    (2) research and development assistance that provides current research and data 29.26of interest to administrators; and 29.27    (3) brokerage assistance to provide services and resources to help administrators 29.28with needs identified in their individual professional development plan new text begin ; and new text end 29.29     new text begin (4) the opportunity for administrators to acquire competency in administering gifted new text end 29.30 new text begin and talented services, consistent with section 122A.14, subdivision 2c new text end . 29.31 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment new text end 29.32 new text begin and applies to administrators participating in an administrators academy program after new text end 29.33 new text begin August 1, 2009. new text end 30.1    Sec. 22. Minnesota Statutes 2007 Supplement, section 123B.143, subdivision 1, 30.2is amended to read: 30.3    Subdivision 1. Contract; duties. All districts maintaining a classified secondary 30.4school must employ a superintendent who shall be an ex officio nonvoting member of the 30.5school board. The authority for selection and employment of a superintendent must be 30.6vested in the board in all cases. An individual employed by a board as a superintendent 30.7shall have an initial employment contract for a period of time no longer than three years 30.8from the date of employment. Any subsequent employment contract must not exceed a 30.9period of three years. A board, at its discretion, may or may not renew an employment 30.10contract. A board must not, by action or inaction, extend the duration of an existing 30.11employment contract. Beginning 365 days prior to the expiration date of an existing 30.12employment contract, a board may negotiate and enter into a subsequent employment 30.13contract to take effect upon the expiration of the existing contract. A subsequent contract 30.14must be contingent upon the employee completing the terms of an existing contract. If a 30.15contract between a board and a superintendent is terminated prior to the date specified in 30.16the contract, the board may not enter into another superintendent contract with that same 30.17individual that has a term that extends beyond the date specified in the terminated contract. 30.18A board may terminate a superintendent during the term of an employment contract for any 30.19of the grounds specified in section 122A.40, subdivision 9 or 13. A superintendent shall 30.20not rely upon an employment contract with a board to assert any other continuing contract 30.21rights in the position of superintendent under section 122A.40. Notwithstanding the 30.22provisions of sections 122A.40, subdivision 10 or 11, 123A.32, 123A.75, or any other law 30.23to the contrary, no individual shall have a right to employment as a superintendent based 30.24on order of employment in any district. If two or more districts enter into an agreement for 30.25the purchase or sharing of the services of a superintendent, the contracting districts have 30.26the absolute right to select one of the individuals employed to serve as superintendent 30.27in one of the contracting districts and no individual has a right to employment as the 30.28superintendent to provide all or part of the services based on order of employment in a 30.29contracting district. The superintendent of a district shall perform the following: 30.30    (1) visit and supervise the schools in the district, report and make recommendations 30.31about their condition when advisable or on request by the board; 30.32    (2) recommend to the board employment and dismissal of teachers; 30.33    (3) superintend school grading practices and examinations for promotions; 30.34    (4) make reports required by the commissioner; new text begin and new text end 30.35    (5) by January 10, submit an annual report to the commissioner in a manner 30.36prescribed by the commissioner, in consultation with school districts, identifying the 31.1expenditures that the district requires to ensure an 80 percent student passage rate on 31.2the MCA-IIs taken in the eighth grade, identifying the highest student passage rate the 31.3district expects it will be able to attain on the MCA-IIs by grade 12, and the amount of 31.4expenditures that the district requires to attain the targeted student passage rate; and 31.5    (6) perform other duties prescribed by the board. 31.6 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end 31.7    Sec. 23. Minnesota Statutes 2006, section 123B.36, subdivision 1, is amended to read: 31.8    Subdivision 1. School boards may require fees. (a) For purposes of this 31.9subdivision, "home school" means a home school as defined in sections 120A.22 and 31.10120A.24 with five or fewer students receiving instruction. 31.11    (b) A school board is authorized to require payment of fees in the following areas: 31.12    (1) in any program where the resultant product, in excess of minimum requirements 31.13and at the pupil's option, becomes the personal property of the pupil; 31.14    (2) admission fees or charges for extracurricular activities, where attendance 31.15is optional and where the admission fees or charges a student must pay to attend or 31.16participate in an extracurricular activity is the same for all students, regardless of whether 31.17the student is enrolled in a public or a home school; 31.18    (3) a security deposit for the return of materials, supplies, or equipment; 31.19    (4) personal physical education and athletic equipment and apparel, although any 31.20pupil may personally provide it if it meets reasonable requirements and standards relating 31.21to health and safety established by the board; 31.22    (5) items of personal use or products that a student has an option to purchase such as 31.23student publications, class rings, annuals, and graduation announcements; 31.24    (6) fees specifically permitted by any other statute, including but not limited to 31.25section 171.05, subdivision 2; provided (i) driver education fees do not exceed the actual 31.26cost to the school and school district of providing driver education, and (ii) the driver 31.27education courses are open to enrollment to persons between the ages of 15 and 18 who 31.28reside or attend school in the school district; 31.29    (7) field trips considered supplementary to a district educational program; 31.30    (8) any authorized voluntary student health and accident benefit plan; 31.31    (9) for the use of musical instruments owned or rented by the district, a reasonable 31.32rental fee not to exceed either the rental cost to the district or the annual depreciation plus 31.33the actual annual maintenance cost for each instrument; 31.34    (10) transportation of pupils to and from extracurricular activities conducted at 31.35locations other than school, where attendance is optional new text begin , and transportation of charter new text end 32.1 new text begin school students participating in extracurricular activities in their resident district under new text end 32.2 new text begin section 123B.49, subdivision 4 new text end new text begin , paragraph (a), which must be charged to the charter school new text end ; 32.3    (11) transportation to and from school of pupils living within two miles from school 32.4and all other transportation services not required by law. If a district charges fees for 32.5transportation of pupils, it must establish guidelines for that transportation to ensure that 32.6no pupil is denied transportation solely because of inability to pay; 32.7    (12) motorcycle classroom education courses conducted outside of regular school 32.8hours; provided the charge must not exceed the actual cost of these courses to the school 32.9district; 32.10    (13) transportation to and from postsecondary institutions for pupils enrolled under 32.11the postsecondary enrollment options program under section 123B.88, subdivision 22. 32.12Fees collected for this service must be reasonable and must be used to reduce the cost 32.13of operating the route. Families who qualify for mileage reimbursement under section 32.14124D.09, subdivision 22 , may use their state mileage reimbursement to pay this fee. If no 32.15fee is charged, districts must allocate costs based on the number of pupils riding the route. 32.16 new text begin EFFECTIVE DATE. new text end new text begin This section is effective for the 2008-2009 school year and new text end 32.17 new text begin later. new text end 32.18    Sec. 24. Minnesota Statutes 2006, section 123B.49, subdivision 4, is amended to read: 32.19    Subd. 4. Board control of extracurricular activities. (a) The board may take 32.20charge of and control all extracurricular activities of the teachers and children of the public 32.21schools in the district. Extracurricular activities means all direct and personal services for 32.22pupils for their enjoyment that are managed and operated under the guidance of an adult 32.23or staff member. The board shall allow all resident pupils receiving instruction in a home 32.24school as defined in section 123B.36, subdivision 1, paragraph (a), new text begin and all resident pupils new text end 32.25 new text begin receiving instruction in a charter school as defined in section 124D.10 new text end new text begin new text end to be eligible to 32.26fully participate in extracurricular activities on the same basis as public school students. new text begin new text end 32.27 new text begin enrolled in the district's schools. A charter school student must give the enrolling charter new text end 32.28 new text begin school and the resident school district at least a 30-day notice of the student's intent to new text end 32.29 new text begin participate in an extracurricular activity in the resident district. Before a charter school new text end 32.30 new text begin student begins participating in an extracurricular activity in the resident district, the new text end 32.31 new text begin charter school must agree in writing to pay the amount attributable to that student that the new text end 32.32 new text begin district may charge to the charter school under paragraph (f). A charter school student new text end 32.33 new text begin is not eligible to participate in an extracurricular activity in the resident district if that new text end 32.34 new text begin extracurricular activity is offered by the enrolling charter school or the extracurricular new text end 32.35 new text begin activity is not controlled by the high school league under chapter 128C. Charter school new text end 33.1 new text begin students participating in extracurricular activities must meet the academic and student new text end 33.2 new text begin conduct requirements of the resident district. The charter school must: new text end 33.3     new text begin (1) collect the same information that a district collects on a student's eligibility to new text end 33.4 new text begin participate in an extracurricular activity; new text end 33.5     new text begin (2) transmit that information to the district at least ten days before a student begins new text end 33.6 new text begin to participate in the extracurricular activity; and new text end 33.7     new text begin (3) immediately transmit to the district any additional information affecting the new text end 33.8 new text begin student's eligibility. new text end 33.9    (b) Extracurricular activities have all of the following characteristics: 33.10    (1) they are not offered for school credit nor required for graduation; 33.11    (2) they are generally conducted outside school hours, or if partly during school 33.12hours, at times agreed by the participants, and approved by school authorities; 33.13    (3) the content of the activities is determined primarily by the pupil participants 33.14under the guidance of a staff member or other adult. 33.15    (c) If the board does not take charge of and control extracurricular activities, these 33.16activities shall be self-sustaining with all expenses, except direct salary costs and indirect 33.17costs of the use of school facilities, met by dues, admissions, or other student fund-raising 33.18events. The general fund must reflect only those salaries directly related to and readily 33.19identified with the activity and paid by public funds. Other revenues and expenditures for 33.20extra curricular activities must be recorded according to the Manual for Activity Fund 33.21Accounting. Extracurricular activities not under board control must have an annual 33.22financial audit and must also be audited annually for compliance with this section. 33.23    (d) If the board takes charge of and controls extracurricular activities, any or all 33.24costs of these activities may be provided from school revenues and all revenues and 33.25expenditures for these activities shall be recorded in the same manner as other revenues 33.26and expenditures of the district. 33.27    (e) If the board takes charge of and controls extracurricular activities, the teachers or 33.28pupils in the district must not participate in such activity, nor shall the school name or any 33.29allied name be used in connection therewith, except by consent and direction of the board. 33.30     new text begin (f) School districts may charge charter schools for each student for each activity the new text end 33.31 new text begin lesser of one-half of the statewide average per pupil expenditure on student activities new text end 33.32 new text begin and athletics as measured by the most recent edition of School District Profiles posted new text end 33.33 new text begin to the Department of Education's Web site, or their proportional share of the amount of new text end 33.34 new text begin the extracurricular activities that are not covered by student fees under section 123B.36, new text end 33.35 new text begin subdivision 1 new text end new text begin , ticket revenues, fund-raising efforts, sponsorships, or other income new text end 33.36 new text begin generated for those activities for which the charter school is charged. A district may charge new text end 34.1 new text begin charter school students the same fees it charges enrolled students to participate in an new text end 34.2 new text begin extracurricular activity. All charges to a charter school and charter school students must be new text end 34.3 new text begin paid when the charter school students are selected to participate in the activity. A district is new text end 34.4 new text begin not required to provide transportation from the charter school to the resident district for a new text end 34.5 new text begin charter school student who participates in an extracurricular activity in the resident district. new text end 34.6 new text begin EFFECTIVE DATE. new text end new text begin This section is effective for the 2008-2009 school year and new text end 34.7 new text begin later. new text end 34.8    Sec. 25. Minnesota Statutes 2006, section 123B.51, is amended by adding a 34.9subdivision to read: 34.10     new text begin Subd. 5a. new text end new text begin Temporary closing. new text end new text begin A school district that proposes to temporarily close a new text end 34.11 new text begin schoolhouse or that intends to lease the facility to another entity for use as a schoolhouse new text end 34.12 new text begin for three or fewer years is not subject to subdivision 5 if the school board holds a public new text end 34.13 new text begin meeting and allows public comment on the schoolhouse's future. new text end 34.14 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end 34.15    Sec. 26. Minnesota Statutes 2006, section 123B.57, subdivision 6, is amended to read: 34.16    Subd. 6. Uses of health and safety revenue. (a) Health and safety revenue may 34.17be used only for approved expenditures necessary to correct fire and life safety hazards, 34.18or for the removal or encapsulation of asbestos from school buildings or property 34.19owned or being acquired by the district, asbestos-related repairs, cleanup and disposal 34.20of polychlorinated biphenyls found in school buildings or property owned or being 34.21acquired by the district, or the cleanup, removal, disposal, and repairs related to storing 34.22heating fuel or transportation fuels such as alcohol, gasoline, fuel oil, and special fuel, 34.23as defined in section 296A.01, Minnesota occupational safety and health administration 34.24regulated facility and equipment hazards, indoor air quality mold abatement, upgrades 34.25or replacement of mechanical ventilation systems to meet American Society of Heating, 34.26Refrigerating and Air Conditioning Engineers standards and State Mechanical Code, 34.27Department of Health Food Code and swimming pool hazards excluding depth correction, 34.28and health, safety, and environmental management. Testing and calibration activities are 34.29permitted for existing mechanical ventilation systems at intervals no less than every five 34.30years. Health and safety revenue must not be used to finance a lease purchase agreement, 34.31installment purchase agreement, or other deferred payments agreement. Health and safety 34.32revenue must not be used for the construction of new facilities or the purchase of portable 34.33classrooms, for interest or other financing expenses, or for energy efficiency projects 35.1under section 123B.65. The revenue may not be used for a building or property or part 35.2of a building or property used for postsecondary instruction or administration or for a 35.3purpose unrelated to elementary and secondary education. 35.4    (b) Notwithstanding paragraph (a), health and safety revenue must not be used for 35.5replacement of building materials or facilities including roof, walls, windows, internal 35.6fixtures and flooring, nonhealth and safety costs associated with demolition of facilities, 35.7structural repair or replacement of facilities due to unsafe conditions, violence prevention 35.8and facility security, ergonomics, building and heating, ventilating and air conditioning 35.9supplies, maintenance, and cleaning activities. All assessments, investigations, 35.10inventories, and support equipment not leading to the engineering or construction of a 35.11project shall be included in the health, safety, and environmental management costs in 35.12subdivision 8, paragraph (a). 35.13     new text begin (c) Health and safety revenue may be used for basic first aid training, focusing on new text end 35.14 new text begin CPR and the use of automatic external defibrillators. new text end 35.15     new text begin (d) Health and safety revenue may be used to contract for a site-specific evaluation new text end 35.16 new text begin and impact report on the health and environmental effects of the use or installation of new text end 35.17 new text begin synthetic turf on an athletic playing field on school property. new text end 35.18    Sec. 27. Minnesota Statutes 2006, section 123B.71, subdivision 9, is amended to read: 35.19    Subd. 9. Information required. A school board proposing to construct a facility 35.20described in subdivision 8 shall submit to the commissioner a proposal containing 35.21information including at least the following: 35.22    (1) the geographic area and population to be served, preschool through grade 12 35.23student enrollments for the past five years, and student enrollment projections for the 35.24next five years; 35.25    (2) a list of existing facilities by year constructed, their uses, and an assessment of 35.26the extent to which alternate facilities are available within the school district boundaries 35.27and in adjacent school districts; 35.28    (3) a list of the specific deficiencies of the facility that demonstrate the need for a 35.29new or renovated facility to be provided, and a list of the specific benefits that the new 35.30or renovated facility will provide to the students, teachers, and community users served 35.31by the facility; 35.32    (4) the relationship of the project to any priorities established by the school district, 35.33educational cooperatives that provide support services, or other public bodies in the 35.34service area; 36.1    (5) a specification of how the project will increase community use of the facility 36.2and whether and how the project will increase collaboration with other governmental or 36.3nonprofit entities; 36.4    (6) a description of the project, including the specification of site and outdoor space 36.5acreage and square footage allocations for classrooms, laboratories, and support spaces; 36.6estimated expenditures for the major portions of the project; and the dates the project will 36.7begin and be completed; 36.8    (7) a specification of the source of financing the project; the scheduled date for 36.9a bond issue or school board action; a schedule of payments, including debt service 36.10equalization aid; and the effect of a bond issue on local property taxes by the property 36.11class and valuation; 36.12    (8) an analysis of how the proposed new or remodeled facility will affect school 36.13district operational or administrative staffing costs, and how the district's operating budget 36.14will cover any increased operational or administrative staffing costs; 36.15    (9) a description of the consultation with local or state road and transportation 36.16officials on school site access and safety issues, and the ways that the project will address 36.17those issues; 36.18    (10) a description of how indoor air quality issues have been considered and a 36.19certification that the architects and engineers designing the facility will have professional 36.20liability insurance; 36.21    (11) as required under section 123B.72, for buildings coming into service after 36.22July 1, 2002, a certification that the plans and designs for the extensively renovated or 36.23new facility's heating, ventilation, and air conditioning systems will meet or exceed 36.24code standards; will provide for the monitoring of outdoor airflow and total airflow of 36.25ventilation systems; and will provide an indoor air quality filtration system that meets 36.26ASHRAE standard 52.1; 36.27    (12) a specification of any desegregation requirements that cannot be met by any 36.28other reasonable means; 36.29    (13) a specification, if applicable, of how the facility will utilize environmentally 36.30sustainable school facility design concepts; and 36.31    (14) a description of how the architects and engineers have considered the American 36.32National Standards Institute Acoustical Performance Criteria, Design Requirements 36.33and Guidelines for Schools of the maximum background noise level and reverberation 36.34times new text begin ; and new text end 36.35     new text begin (15) for projects that include installation of synthetic turf on an athletic playing new text end 36.36 new text begin field, a site-specific evaluation and impact report on the health and environmental effects new text end 37.1 new text begin of the use or installation of synthetic turf on an athletic playing field on school property. new text end 37.2 new text begin For purposes of this section, "synthetic turf" means any materials or compositions that new text end 37.3 new text begin include crumb rubber used in the place of grass to surface parks, outdoor athletic playing new text end 37.4 new text begin fields, indoor athletic facilities, or other venues; and "crumb rubber" means ground rubber new text end 37.5 new text begin derived from waste tires, which contain one or more of the following: acetone, arsenic, new text end 37.6 new text begin cadmium, chromium, lead, vanadium, or zinc new text end . 37.7 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end 37.8    Sec. 28. Minnesota Statutes 2007 Supplement, section 124D.095, subdivision 4, 37.9is amended to read: 37.10    Subd. 4. Online learning parameters. (a) An online learning student must receive 37.11academic credit for completing the requirements of an online learning course or program. 37.12Secondary credits granted to an online learning student must be counted toward the 37.13graduation and credit requirements of the enrolling district. An online learning provider 37.14must make available to the enrolling district the course syllabus, standard alignment, 37.15content outline, assessment requirements, and contact information for supplemental online 37.16courses taken by students in the enrolling district. The enrolling district must apply the 37.17same graduation requirements to all students, including online learning students, and 37.18must continue to provide nonacademic services to online learning students. If a student 37.19completes an online learning course or program that meets or exceeds a graduation 37.20standard or grade progression requirement at the enrolling district, that standard or 37.21requirement is met. The enrolling district must use the same criteria for accepting online 37.22learning credits or courses as it does for accepting credits or courses for transfer students 37.23under section 124D.03, subdivision 9. The enrolling district may reduce the course 37.24schedule of an online learning student in proportion to the number of online learning 37.25courses the student takes from an online learning provider that is not the enrolling district. 37.26    (b) An online learning student may: 37.27    (1) enroll in supplemental online learning courses during a single school year to a 37.28maximum of 50 percent of the student's full schedule of courses per term. A student may 37.29exceed the supplemental online learning registration limit if the enrolling district grants 37.30permission for supplemental online learning enrollment above the limit, or if an agreement 37.31is made between the enrolling district and the online learning provider for instructional 37.32services; 37.33    (2) complete course work at a grade level that is different from the student's current 37.34grade level; and 38.1    (3) enroll in additional courses with the online learning provider under a separate 38.2agreement that includes terms for payment of any tuition or course fees. 38.3    (c) An online learning student has the same access to the computer hardware and 38.4education software available in a school as all other students in the enrolling district. An 38.5online learning provider must assist an online learning student whose family qualifies 38.6for the education tax credit under section 290.0674 to acquire computer hardware and 38.7educational software for online learning purposes. 38.8    (d) An enrolling district may offer online learning to its enrolled students. 38.9Such online learning does not generate online learning funds under this section. 38.10 new text begin Notwithstanding paragraph (e), new text end an enrolling district that offers online learning only to its 38.11enrolled students is not subject to the reporting requirements or review criteria under 38.12subdivision 7 new text begin , unless the enrolling district is a full-time online provider new text end . A teacher with a 38.13Minnesota license must assemble and deliver instruction to enrolled students receiving 38.14online learning from an enrolling district. The delivery of instruction occurs when the 38.15student interacts with the computer or the teacher and receives ongoing assistance and 38.16assessment of learning. The instruction may include curriculum developed by persons 38.17other than a teacher with a Minnesota license. 38.18    (e) An online learning provider that is not the enrolling district is subject to 38.19the reporting requirements and review criteria under subdivision 7. A teacher with a 38.20Minnesota license must assemble and deliver instruction to online learning students. The 38.21delivery of instruction occurs when the student interacts with the computer or the teacher 38.22and receives ongoing assistance and assessment of learning. The instruction may include 38.23curriculum developed by persons other than a teacher with a Minnesota license. Unless 38.24the commissioner grants a waiver, a teacher providing online learning instruction must not 38.25instruct more than 40 students in any one online learning course or program. 38.26    (f) To enroll in more than 50 percent of the student's full schedule of courses per term 38.27in online learning, the student must qualify to exceed the supplemental online learning 38.28registration limit under paragraph (b) or apply for enrollment to an approved full-time 38.29online learning program following appropriate procedures in subdivision 3, paragraph (a). 38.30Full-time online learning students may enroll in classes at a local school per contract for 38.31instructional services between the online learning provider and the school district. 38.32    Sec. 29. Minnesota Statutes 2006, section 124D.10, subdivision 2a, is amended to read: 38.33    Subd. 2a. Charter School Advisory Council. (a) A Charter School Advisory 38.34Council is established under section 15.059 except that the term for each council member 38.35shall be three years. The advisory council is composed of seven members from throughout 39.1the state who have demonstrated experience with or interest in charter schools. The 39.2members of the council shall be appointed by the commissioner. The advisory council 39.3shall bring to the attention of the commissioner any matters related to charter schools 39.4that the council deems necessary and shall: 39.5    (1) encourage school boards to make full use of charter school opportunities; 39.6    (2) encourage the creation of innovative schools; 39.7    (3) provide leadership and support for charter school sponsors to increase the 39.8innovation in and the effectiveness, accountability, and fiscal soundness of charter schools; 39.9    (4) serve an ombudsman function in facilitating the operations of new and existing 39.10charter schools; 39.11    (5) promote timely financial management training for newly elected members of 39.12a charter school board of directors and ongoing training for other members of a charter 39.13school board of directors; and 39.14    (6) facilitate compliance with auditing and other reporting requirements. The 39.15advisory council shall refer all its proposals to the commissioner who shall provide time 39.16for reports from the council. 39.17    (b) The Charter School Advisory Council under this subdivision expires June 30, 39.182007 new text begin does not expire and the expiration date provided in section 15.059, subdivision new text end 39.19 new text begin 5, does not apply to this section new text end . 39.20 new text begin EFFECTIVE DATE. new text end new text begin This section is effective retroactively from June 30, 2007. new text end 39.21    Sec. 30. Minnesota Statutes 2007 Supplement, section 124D.10, subdivision 4, is 39.22amended to read: 39.23    Subd. 4. Formation of school. (a) A sponsor may authorize one or more licensed 39.24teachers under section 122A.18, subdivision 1, to operate a charter school subject to 39.25approval by the commissioner. A board must vote on charter school application for 39.26sponsorship no later than 90 days after receiving the application. The school must be 39.27organized and operated as a cooperative under chapter 308A or nonprofit corporation 39.28under chapter 317A and the provisions under the applicable chapter shall apply to the 39.29school except as provided in this section. Notwithstanding sections 465.717 and 465.719, 39.30a school district may create a corporation for the purpose of creating a charter school. 39.31    (b) Before the operators may form and operate a school, the sponsor must file an 39.32affidavit with the commissioner stating its intent to authorize a charter school. The 39.33affidavit must new text begin demonstrate the sponsor's ability to fulfill the responsibilities of a sponsor new text end 39.34 new text begin and new text end state the terms and conditions under which the sponsor would authorize a charter 39.35school and how the sponsor intends to oversee the fiscal and student performance of the 40.1charter school and to comply with the terms of the written contract between the sponsor 40.2and the charter school board of directors under subdivision 6 new text begin in the form and manner new text end 40.3 new text begin prescribed by the commissioner. The sponsor must submit an affidavit to the commissioner new text end 40.4 new text begin for each charter school it proposes to authorize new text end . The commissioner must approve or 40.5disapprove the sponsor's proposed authorization within 90 days of receipt of the affidavit. 40.6Failure to obtain commissioner approval precludes a sponsor from authorizing the charter 40.7school that was the subject of the affidavit. 40.8    (c) The operators authorized to organize and operate a school, before entering into a 40.9contract or other agreement for professional or other services, goods, or facilities, must 40.10incorporate as a cooperative under chapter 308A or as a nonprofit corporation under 40.11chapter 317A and must establish a board of directors composed of at least five new text begin nonrelated new text end 40.12members until a timely election for members of the charter school board of directors is 40.13held according to the school's articles and bylaws. A charter school board of directors 40.14must be composed of at least five members. Any staff members who are employed at the 40.15school, including teachers providing instruction under a contract with a cooperative, and 40.16all parents of children enrolled in the school may new text begin are eligible to new text end participate in the election 40.17for members of the school's board of directors. Licensed teachers employed at the school, 40.18including teachers providing instruction under a contract with a cooperative, must be a 40.19majority of the members of the board of directors before the school completes its third 40.20year of operation, unless the commissioner waives the requirement for a majority of 40.21licensed teachers on the board. Board of director meetings must comply with chapter 13D. 40.22    (d) The granting or renewal of a charter by a sponsoring entity must not be 40.23conditioned upon the bargaining unit status of the employees of the school. 40.24     new text begin (e) The granting or renewal of a charter school by a sponsor must not be contingent new text end 40.25 new text begin on the charter school being required to contract, lease, or purchase services from the new text end 40.26 new text begin sponsor. A sponsor is prohibited from entering into a contract to provide management or new text end 40.27 new text begin financial services for a school that it is authorized to sponsor. new text end 40.28    (e) new text begin (f) new text end A sponsor may authorize the operators of a charter school to expand the 40.29operation of the charter school to additional sites or to add additional grades at the school 40.30beyond those described in the sponsor's application as approved by the commissioner only 40.31after submitting a supplemental application to the commissioner in a form and manner 40.32prescribed by the commissioner. The supplemental application must provide evidence that: 40.33    (1) the expansion of the charter school is supported by need and projected enrollment; 40.34    (2) the charter school is fiscally sound; 40.35    (3) the sponsor supports the expansion; and 41.1    (4) the building of the additional site meets all health and safety requirements to 41.2be eligible for lease aid. 41.3    (f) new text begin (g) new text end The commissioner annually must provide timely financial management 41.4training to newly elected members of a charter school board of directors and ongoing 41.5training to other members of a charter school board of directors. Training must address 41.6ways to: 41.7    (1) proactively assess opportunities for a charter school to maximize all available 41.8revenue sources; 41.9    (2) establish and maintain complete, auditable records for the charter school; 41.10    (3) establish proper filing techniques; 41.11    (4) document formal actions of the charter school, including meetings of the charter 41.12school board of directors; 41.13    (5) properly manage and retain charter school and student records; 41.14    (6) comply with state and federal payroll record-keeping requirements; and 41.15    (7) address other similar factors that facilitate establishing and maintaining complete 41.16records on the charter school's operations. 41.17    Sec. 31. Minnesota Statutes 2006, section 124D.10, subdivision 4a, is amended to read: 41.18    Subd. 4a. Conflict of interest. (a) A member of a charter school board of directors 41.19is prohibited from serving as a member of the board of directors or as an employee or agent 41.20of or a contractor with a for-profit entity with whom the charter school contracts, directly 41.21or indirectly, for professional services, goods, or facilities. A violation of this prohibition 41.22renders a contract voidable at the option of the commissioner. new text begin The commissioner may new text end 41.23 new text begin reduce a charter school's state aid under section 127A.42 if the charter school board fails new text end 41.24 new text begin to correct a violation under this subdivision in a timely manner. new text end A member of a charter 41.25school board of directors who violates this prohibition shall be individually liable to the 41.26charter school for any damage caused by the violation. 41.27    (b) An individual may serve as a member of the board of directors if no conflict of 41.28interest under paragraph (a) exists. 41.29    (c) A member of a charter school board of directors that serves as a member of the 41.30board of directors or as an employee or agent of or a contractor with a nonprofit entity 41.31with whom the charter school contracts, directly or indirectly, for professional services, 41.32goods, or facilities, must disclose all potential conflicts to the commissioner. new text begin A violation new text end 41.33 new text begin of this requirement makes a contract voidable at the option of the commissioner. The new text end 41.34 new text begin commissioner may reduce a charter school's aid under section 127A.42 if the charter new text end 41.35 new text begin school fails to correct a violation under this subdivision in a timely manner. new text end 42.1    (d) The conflict of interest provisions under this subdivision do not apply to 42.2compensation paid to a teacher employed by the charter school who also serves as a 42.3member of the board of directors. 42.4    (e) The conflict of interest provisions under this subdivision do not apply to a teacher 42.5who provides services to a charter school through a cooperative formed under chapter 42.6308A when the teacher also serves on the charter school board of directors. 42.7    Sec. 32. Minnesota Statutes 2006, section 124D.10, subdivision 6, is amended to read: 42.8    Subd. 6. Contract. The sponsor's authorization for a charter school must be in the 42.9form of a written contract signed by the sponsor and the board of directors of the charter 42.10school. The contract must be completed within 90 days of the commissioner's approval 42.11of the sponsor's proposed authorization. The contract for a charter school must be in 42.12writing and contain at least the following: 42.13    (1) a description of a program that carries out one or more of the purposes in 42.14subdivision 1; 42.15    (2) specific outcomes pupils are to achieve under subdivision 10; 42.16    (3) admission policies and procedures; 42.17    (4) management and administration of the school; 42.18    (5) requirements and procedures for program and financial audits; 42.19    (6) how the school will comply with subdivisions 8, 13, 16, and 23; 42.20    (7) assumption of liability by the charter school; 42.21    (8) types and amounts of insurance coverage to be obtained by the charter school; 42.22    (9) the term of the contract, which may be up to three years; 42.23    (10) if new text begin how new text end the board of directors or the operators of the charter school new text begin will new text end provide 42.24special instruction and services for children with a disability under sections 125A.03 42.25to 125A.24, and 125A.65, a description of the financial parameters within which the 42.26charter school will operate to provide the special instruction and services to children 42.27with a disability; and 42.28    (11) the process and criteria the sponsor intends to use to monitor and evaluate the 42.29fiscal and student performance of the charter school, consistent with subdivision 15. 42.30    Sec. 33. Minnesota Statutes 2006, section 124D.10, subdivision 6a, is amended to read: 42.31    Subd. 6a. Audit report. new text begin (a) new text end The charter school must submit an audit report to the 42.32commissioner by December 31 each year. 42.33     new text begin (b) new text end The charter school, with the assistance of the auditor conducting the audit, must 42.34include with the report a copy of all charter school agreements for corporate management 43.1services. If the entity that provides the professional services to the charter school is 43.2exempt from taxation under section 501 of the Internal Revenue Code of 1986, that entity 43.3must file with the commissioner by February 15 a copy of the annual return required under 43.4section 6033 of the Internal Revenue Code of 1986. 43.5     new text begin (c) new text end If the commissioner receives as part of the new text begin an new text end audit report a management letter 43.6indicating that a material weakness exists in the financial reporting systems of a charter 43.7school, the charter school must submit a written report to the commissioner explaining 43.8how the material weakness will be resolved. 43.9     new text begin (d) new text end Upon the request of an individual, the charter school must make available in a 43.10timely fashion the minutes of meetings of members, the board of directors, and committees 43.11having any of the authority of the board of directors, and statements showing the financial 43.12result of all operations and transactions affecting income and surplus during the school's 43.13last annual accounting period and a balance sheet containing a summary of its assets and 43.14liabilities as of the closing date of the accounting period. 43.15    Sec. 34. Minnesota Statutes 2006, section 124D.10, subdivision 7, is amended to read: 43.16    Subd. 7. Public status; exemption from statutes and rules. A charter school is a 43.17public school and is part of the state's system of public education. Except as provided in 43.18this section, a charter school is exempt from all statutes and rules applicable to a school, 43.19a board, or a district, although it may elect to comply with one or more provisions of 43.20statutes or rules. new text begin A charter school is exempt from all statutes and rules applicable to new text end 43.21 new text begin a school, school board, or school district unless a statute or rule is made specifically new text end 43.22 new text begin applicable to a charter school. new text end 43.23    Sec. 35. Minnesota Statutes 2006, section 124D.10, subdivision 8, is amended to read: 43.24    Subd. 8. State and local requirements. (a) A charter school shall meet all 43.25applicable new text begin federal, new text end state new text begin , new text end and local health and safety requirements new text begin applicable to school new text end 43.26 new text begin districts new text end . 43.27    (b) A school sponsored by a school board may be located in any district, unless the 43.28school board of the district of the proposed location disapproves by written resolution. 43.29    (c) A charter school must be nonsectarian in its programs, admission policies, 43.30employment practices, and all other operations. A sponsor may not authorize a charter 43.31school or program that is affiliated with a nonpublic sectarian school or a religious 43.32institution. new text begin A charter school must not modify any charter school space or otherwise new text end 43.33 new text begin accommodate the practices of any one religious group unless the charter school also new text end 44.1 new text begin accommodates any other religious group that requests a modification of the charter school new text end 44.2 new text begin space or other accommodation of its religious practices. new text end 44.3    (d) Charter schools must not be used as a method of providing education or 44.4generating revenue for students who are being home-schooled. 44.5    (e) The primary focus of a charter school must be to provide a comprehensive 44.6program of instruction for at least one grade or age group from five through 18 years 44.7of age. Instruction may be provided to people younger than five years and older than 44.818 years of age. 44.9    (f) A charter school may not charge tuition. 44.10    (g) A charter school is subject to and must comply with chapter 363A and section 44.11121A.04 . 44.12    (h) A charter school is subject to and must comply with the Pupil Fair Dismissal 44.13Act, sections 121A.40 to 121A.56, and the Minnesota Public School Fee Law, sections 44.14123B.34 to 123B.39. 44.15    (i) A charter school is subject to the same financial audits, audit procedures, and 44.16audit requirements as a district. Audits must be conducted in compliance with generally 44.17accepted governmental auditing standards, the Federal Single Audit Act, if applicable, 44.18and section 6.65. A charter school is subject to and must comply with sections 15.054; 44.19118A.01 ; 118A.02; 118A.03; 118A.04; 118A.05; 118A.06; 123B.52, subdivision 5; 44.20471.38 ; 471.391; 471.392; 471.425; 471.87; 471.88, subdivisions 1, 2, 3, 4, 5, 6, 12, 13, 44.21and 15 ; 471.881; and 471.89. The audit must comply with the requirements of sections 44.22123B.75 to 123B.83, except to the extent deviations are necessary because of the program 44.23at the school. Deviations must be approved by the commissioner. The Department 44.24of Education, state auditor, or legislative auditor may conduct financial, program, or 44.25compliance audits. A charter school determined to be in statutory operating debt under 44.26sections 123B.81 to 123B.83 must submit a plan under section 123B.81, subdivision 4. 44.27    (j) A charter school is a district for the purposes of tort liability under chapter 466. 44.28    (k) A charter school must comply with sections 13.32; 120A.22, subdivision 7; 44.29121A.75 ; and 260B.171, subdivisions 3 and 5. 44.30    (l) A charter school is subject to the Pledge of Allegiance requirement under section 44.31121A.11, subdivision 3 . 44.32     new text begin (m) A charter school is subject to sections 123B.36 new text end new text begin , subdivision 1, paragraph new text end 44.33 new text begin (b), clause (10), and 123B.49, subdivision 4, paragraphs (a) and (f), when its students new text end 44.34 new text begin participate in extracurricular activities in their resident district. new text end 44.35 new text begin EFFECTIVE DATE. new text end new text begin This section is effective for the 2009-2009 school year and new text end 44.36 new text begin later. new text end 45.1    Sec. 36. Minnesota Statutes 2006, section 124D.10, subdivision 9, is amended to read: 45.2    Subd. 9. Admission requirements. A charter school may limit admission to: 45.3    (1) pupils within an age group or grade level; 45.4    (2) people who are eligible to participate in the graduation incentives program 45.5under section 124D.68; or 45.6    (3) residents of a specific geographic area where the percentage of the population 45.7of non-Caucasian people of that area is greater than the percentage of the non-Caucasian 45.8population in the congressional district in which the geographic area is located, and as 45.9long as the school reflects the racial and ethnic diversity of the specific area. 45.10    A charter school shall enroll an eligible pupil who submits a timely application, 45.11unless the number of applications exceeds the capacity of a program, class, grade level, or 45.12building. In this case, pupils must be accepted by lot. If a charter school is the only school 45.13located in a town new text begin municipality new text end serving pupils within a particular grade level, then pupils 45.14that are residents of the town must be given preference for enrollment before accepting 45.15pupils by lot. If a pupil lives within two miles of a charter school and the next closest 45.16public school is more than five miles away, the charter school must give those pupils 45.17preference for enrollment before accepting other pupils by lot. 45.18    A charter school shall give preference for enrollment to a sibling of an enrolled pupil 45.19and to a foster child of that pupil's parents before accepting other pupils by lot. 45.20    A charter school may not limit admission to pupils on the basis of intellectual ability, 45.21measures of achievement or aptitude, or athletic ability. 45.22 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment new text end 45.23 new text begin and applies to all applications for enrollment in the 2008-2009 school year and later. new text end 45.24    Sec. 37. Minnesota Statutes 2006, section 124D.10, subdivision 23, is amended to read: 45.25    Subd. 23. Causes for nonrenewal or termination of charter school contract. 45.26    (a) The duration of the contract with a sponsor must be for the term contained in the 45.27contract according to subdivision 6. The sponsor may or may not renew a contract at 45.28the end of the term for any ground listed in paragraph (b). A sponsor may unilaterally 45.29terminate a contract during the term of the contract for any ground listed in paragraph (b). 45.30At least 60 days before not renewing or terminating a contract, the sponsor shall notify the 45.31board of directors of the charter school of the proposed action in writing new text begin by registered new text end 45.32 new text begin mail new text end . The notice shall state the grounds for the proposed action in reasonable detail and 45.33that the charter school's board of directors may request in writing an informal hearing 45.34before the sponsor within 14 days of receiving notice of nonrenewal or termination of 45.35the contract. Failure by the board of directors to make a written request for a hearing 46.1within the 14-day period shall be treated as acquiescence to the proposed action. Upon 46.2receiving a timely written request for a hearing, the sponsor shall give reasonable notice 46.3to the charter school's board of directors of the hearing date. The sponsor shall conduct 46.4an informal hearing before taking final action. The sponsor shall take final action to 46.5renew or not renew a contract by the last day of classes in the school year new text begin no later than 15 new text end 46.6 new text begin days before the date the sponsor terminates the contract or the end date specified in the new text end 46.7 new text begin contract new text end . If the sponsor is a local board, the school's board of directors may appeal the 46.8sponsor's decision to the commissioner. 46.9    (b) A contract may be terminated or not renewed upon any of the following grounds: 46.10    (1) failure to meet the requirements for pupil performance contained in the contract; 46.11    (2) failure to meet generally accepted standards of fiscal management; 46.12    (3) violations of law; or 46.13    (4) other good cause shown. 46.14    If a contract is terminated or not renewed under this paragraph, the school must be 46.15dissolved according to the applicable provisions of chapter 308A or 317A, except when 46.16the commissioner approves the decision of a different eligible sponsor to authorize the 46.17charter school. 46.18    (c) If at the end of a contract term, either the sponsor or new text begin and new text end the charter school 46.19board of directors wants new text begin mutually agree new text end to voluntarily terminate the contract, a change 46.20in sponsors is allowed if the commissioner approves the decision of a different eligible 46.21sponsor to authorize the charter school. The party intending to terminate the contract must 46.22notify the other party and the commissioner of its intent at least 90 days before the date 46.23on which the contract ends. new text begin Both parties jointly must submit to the commissioner their new text end 46.24 new text begin written intent to terminate the contract. The commissioner must determine whether the new text end 46.25 new text begin charter school and the prospective new sponsor can clearly identify and effectively resolve new text end 46.26 new text begin those circumstances causing the previous sponsor and the charter school to terminate the new text end 46.27 new text begin contract before the commissioner determines whether to grant the change of sponsor. new text end The 46.28sponsor that is a party to the existing contract at least must inform the approved different 46.29eligible sponsor about the fiscal and student performance of the school. If no different 46.30eligible sponsor is approved, the school must be dissolved according to applicable law and 46.31the terms of the contract. 46.32    (d) The commissioner, after providing reasonable notice to the board of directors 46.33of a charter school and the existing sponsor, and after providing an opportunity for a 46.34public hearing, may terminate the existing sponsorial relationship if the charter school 46.35has a history of: 47.1     new text begin (1) sustained failure to meet the requirements for pupil performance contained new text end 47.2 new text begin in the contract; new text end 47.3    (1) new text begin (2) new text end financial mismanagement; or 47.4    (2) new text begin (3) new text end repeated violations of the law new text begin ; or new text end 47.5     new text begin (4) other good cause shown new text end . 47.6    Sec. 38. Minnesota Statutes 2007 Supplement, section 124D.10, subdivision 23a, 47.7is amended to read: 47.8    Subd. 23a. Related party lease costs. (a) A charter school is prohibited from 47.9entering a lease of real property with a related party as defined in subdivision 26 new text begin new text end 47.10 new text begin this subdivision new text end , unless the lessor is a nonprofit corporation under chapter 317A or a 47.11cooperative under chapter 308A, and the lease cost is reasonable under section 124D.11, 47.12subdivision 4 , clause (1). 47.13     new text begin (b) For purposes of this subdivision: new text end 47.14     new text begin (1) "related party" means an affiliate or close relative of the other party in question, new text end 47.15 new text begin an affiliate of a close relative, or a close relative of an affiliate; new text end 47.16     new text begin (2) "affiliate" means a person that directly or indirectly, through one or more new text end 47.17 new text begin intermediaries, controls, is controlled by, or is under common control with another person; new text end 47.18     new text begin (3) "close relative" means an individual whose relationship by blood, marriage, or new text end 47.19 new text begin adoption to another individual is no more remote than first cousin; new text end 47.20     new text begin (4) "person" means an individual or entity of any kind; and new text end 47.21     new text begin (5) "control" means the ability to affect the management, operations, or policies of a new text end 47.22 new text begin person, whether through ownership of voting securities, by contract, or otherwise. new text end 47.23    (b) new text begin (c) new text end A lease of real property to be used for a charter school, not excluded in 47.24paragraph (a), must contain the following statement: "This lease is subject to Minnesota 47.25Statutes, section 124D.10, subdivision 23a." 47.26    (c) new text begin (d) new text end If a charter school enters into as lessee a lease with a related party and the 47.27charter school subsequently closes, the commissioner has the right to recover from the 47.28lessor any lease payments in excess of those that are reasonable under section 124D.11, 47.29subdivision 4 , clause (1). 47.30    Sec. 39. new text begin [124D.805] COMMITTEE ON AMERICAN INDIAN EDUCATION new text end 47.31 new text begin PROGRAMS. new text end 47.32     new text begin Subdivision 1. new text end new text begin Establishment. new text end new text begin The commissioner of education shall establish an new text end 47.33 new text begin American Indian education committee. Members appointed by the commissioner must new text end 47.34 new text begin include representatives of tribal bodies, community groups, parents of children eligible new text end 48.1 new text begin to be served by the programs, American Indian administrators and teachers, persons new text end 48.2 new text begin experienced in the training of teachers for American Indian education programs, persons new text end 48.3 new text begin involved in programs for American Indian children in American Indian schools, and new text end 48.4 new text begin persons knowledgeable in the field of American Indian education. Appointed members new text end 48.5 new text begin shall be representative of significant segments of the population of American Indians. new text end 48.6     new text begin Subd. 2. new text end new text begin Committee to advise commissioner. new text end new text begin The committee on American new text end 48.7 new text begin Indian education programs shall advise the commissioner in the administration of the new text end 48.8 new text begin commissioner's duties under sections 124D.71 to 124D.82 and other programs for the new text end 48.9 new text begin education of American Indian people as determined by the commissioner. new text end 48.10     new text begin Subd. 3. new text end new text begin Expenses. new text end new text begin Members serve without compensation of any kind for any new text end 48.11 new text begin purpose. The commissioner must determine the membership terms and the duration of new text end 48.12 new text begin the committee, which expire no later than June 30, 2020. new text end 48.13    Sec. 40. Minnesota Statutes 2006, section 124D.86, subdivision 1, is amended to read: 48.14    Subdivision 1. Use of revenue. new text begin (a) new text end Integration revenue under this section must 48.15be used for programs established under a desegregation plan filed with the Department 48.16of Education according to Minnesota Rules, parts 3535.0100 to 3535.0180, or under 48.17court order. The revenue must be used to create or enhance learning opportunities which 48.18are designed to provide opportunities for students to have increased interracial contacts 48.19through classroom experiences, staff initiatives, and other educationally related programs. 48.20     new text begin (b) A school district, as a condition of receiving revenue each year under this new text end 48.21 new text begin section, must have: new text end 48.22     new text begin (1) published specific desegregation or integration goals; new text end 48.23     new text begin (2) identified valid and reliable indicators to measure annual progress toward new text end 48.24 new text begin achieving district goals; and new text end 48.25     new text begin (3) using its identified indicators, demonstrated to the commissioner the amount of new text end 48.26 new text begin progress in achieving the district goals in the preceding school year. new text end 48.27 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment new text end 48.28 new text begin and applies to the 2008-2009 school year and later. new text end 48.29    Sec. 41. new text begin [125B.015] STATE AND SCHOOL DISTRICT TECHNOLOGY new text end 48.30 new text begin STANDARDS. new text end 48.31     new text begin Subdivision 1. new text end new text begin State technology standards; standard setting. new text end new text begin (a) Notwithstanding new text end 48.32 new text begin other law to the contrary, the commissioner, the Minnesota Education Technology Task new text end 48.33 new text begin Force, and representatives of school districts must work together to identify for school new text end 48.34 new text begin districts the robust technology tools and systems that improve the educational achievement new text end 49.1 new text begin of all Minnesota students. These entities must establish a foundation of flexible shared new text end 49.2 new text begin services that supports state development and implementation of new and more efficient new text end 49.3 new text begin educational business practices, including the use of modern analytical tools that help new text end 49.4 new text begin schools and school districts make data-driven decisions and increase instructional time. new text end 49.5 new text begin These entities also must anticipate the needs of school districts for effectively using new text end 49.6 new text begin emerging technologies to make the best and most cost-effective use of finite educational new text end 49.7 new text begin resources. new text end 49.8     new text begin (b) The commissioner, the Minnesota Education Technology Task Force, new text end 49.9 new text begin representatives of school districts, and other interested and affected stakeholders, must new text end 49.10 new text begin establish and then maintain, revise, and publish every four years beginning December 1, new text end 49.11 new text begin 2008, state and district technology standards and accompanying guidelines consistent with new text end 49.12 new text begin the requirements of this section and section 120B.023, subdivision 2, paragraph (a). The new text end 49.13 new text begin state and school districts must use the technology standards to participate in a uniform new text end 49.14 new text begin data collection system premised on: new text end 49.15     new text begin (1) common data definitions for all required data elements; new text end 49.16     new text begin (2) a common course catalogue; new text end 49.17     new text begin (3) common transcript definitions; and new text end 49.18     new text begin (4) school district infrastructure technology standards. new text end 49.19     new text begin (c) School districts, consistent with this section and other applicable law, may use new text end 49.20 new text begin financial resources in addition to state funding to provide students with the technology new text end 49.21 new text begin tools they need to succeed in an increasingly complex and information-rich environment. new text end 49.22     new text begin Subd. 2. new text end new text begin District technology standards. new text end new text begin (a) The commissioner, in collaboration new text end 49.23 new text begin with the Minnesota Education Technology Task Force, must establish and then maintain, new text end 49.24 new text begin revise, and publish six categories of district technology standards consistent with this new text end 49.25 new text begin section. The district technology standards must encompass: new text end 49.26     new text begin (1) instructional technology that includes best practices in 21st century classroom new text end 49.27 new text begin instruction and student learning; new text end 49.28     new text begin (2) technological tools that support formative and summative online assessments, new text end 49.29 new text begin equipment, and software; new text end 49.30     new text begin (3) shared services that facilitate network and data systems administration; new text end 49.31     new text begin (4) data practices that include technical security, Internet safety, and data privacy; new text end 49.32     new text begin (5) data management that facilitates efficient data transfers involving school districts new text end 49.33 new text begin and the department; and new text end 49.34     new text begin (6) facilities infrastructure that supports multipurpose technology facilities for new text end 49.35 new text begin instruction and assessment. new text end 50.1     new text begin (b) School districts must align district technology expenditures with state and district new text end 50.2 new text begin technology standards established under this section. new text end 50.3     new text begin (c) Beginning December 1, 2010, and each two-year period thereafter, school new text end 50.4 new text begin districts must use the district technology standards in this section to complete a review of new text end 50.5 new text begin the district technology environment that: new text end 50.6     new text begin (1) examines the alignment of district technology expenditures to the technology new text end 50.7 new text begin standards under this section; new text end 50.8     new text begin (2) identifies service gaps in the district technology plan; and new text end 50.9     new text begin (3) estimates the funding needed to fill service gaps. new text end 50.10     new text begin (d) School districts must transmit the substance of the review to the commissioner in new text end 50.11 new text begin the form and manner the commissioner determines in collaboration with the Minnesota new text end 50.12 new text begin Education Technology Task Force. The commissioner must evaluate and report the new text end 50.13 new text begin substance of the reviews to the legislature by February 15, 2011, and each two-year period new text end 50.14 new text begin thereafter. new text end 50.15     new text begin Subd. 3. new text end new text begin Expedited process. new text end new text begin The commissioner must use the expedited rulemaking new text end 50.16 new text begin process under section 14.389 to adopt state and district technology standards consistent new text end 50.17 new text begin with this section. new text end 50.18 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment new text end 50.19 new text begin and applies to the 2008-2009 school year and later. new text end 50.20    Sec. 42. new text begin [127A.70] MINNESOTA P-20 EDUCATION PARTNERSHIP. new text end 50.21     new text begin Subdivision 1. new text end new text begin Establishment; membership. new text end new text begin (a) A P-20 education partnership is new text end 50.22 new text begin established to create a seamless system of education that maximizes achievements of new text end 50.23 new text begin all students, from early childhood through elementary, secondary, and postsecondary new text end 50.24 new text begin education, while promoting the efficient use of financial and human resources. The new text end 50.25 new text begin partnership shall consist of major statewide educational groups or constituencies or new text end 50.26 new text begin noneducational statewide organizations with a stated interest in P-20 education. The initial new text end 50.27 new text begin membership of the partnership includes the members serving on the Minnesota P-16 new text end 50.28 new text begin Education Partnership and four legislators appointed as follows: new text end 50.29     new text begin (1) one senator from the majority party and one senator from the minority party, new text end 50.30 new text begin appointed by the Subcommittee on Committees of the Committee on Rules and new text end 50.31 new text begin Administration; and new text end 50.32     new text begin (2) one member of the house of representatives appointed by the speaker of the new text end 50.33 new text begin house and one member appointed by the minority leader of the house. new text end 50.34     new text begin The chair of the P-16 education partnership must convene the first meeting of the new text end 50.35 new text begin P-20 partnership. Prospective members may be nominated by any partnership member and new text end 51.1 new text begin new members will be added with the approval of a two-thirds majority of the partnership. new text end 51.2 new text begin The partnership will also seek input from nonmember organizations whose expertise can new text end 51.3 new text begin help inform the partnership's work. new text end 51.4     new text begin Partnership members shall be represented by the chief executives, presidents, or new text end 51.5 new text begin other formally designated leaders of their respective organizations, or their designees. The new text end 51.6 new text begin partnership shall meet at least three times during each calendar year. new text end 51.7     new text begin Subd. 2. new text end new text begin Powers and duties; report. new text end new text begin The partnership shall develop new text end 51.8 new text begin recommendations to the governor and the legislature designed to maximize the new text end 51.9 new text begin achievement of all P-20 students while promoting the efficient use of state resources, new text end 51.10 new text begin thereby helping the state realize the maximum value for its investment. These new text end 51.11 new text begin recommendations may include, but are not limited to, strategies, policies, or other actions new text end 51.12 new text begin focused on: new text end 51.13     new text begin (1) improving the quality of and access to education at all points from preschool new text end 51.14 new text begin through the graduate education; new text end 51.15     new text begin (2) improving preparation for, and transitions to, postsecondary education and new text end 51.16 new text begin work; and new text end 51.17     new text begin (3) ensuring educator quality by creating rigorous standards for teacher recruitment, new text end 51.18 new text begin teacher preparation, induction and mentoring of beginning teachers, and continuous new text end 51.19 new text begin professional development for career teachers. new text end 51.20     new text begin By January 15 of each year, the partnership shall submit a report to the governor new text end 51.21 new text begin and to the chairs and ranking minority members of the legislative committees and new text end 51.22 new text begin divisions with jurisdiction over P-20 education policy and finance that summarizes the new text end 51.23 new text begin partnership's progress in meeting its goals and identifies the need for any draft legislation new text end 51.24 new text begin when necessary to further the goals of the partnership to maximize student achievement new text end 51.25 new text begin while promoting efficient use of resources. new text end 51.26     new text begin Subd. 3. new text end new text begin Expiration. new text end new text begin Notwithstanding section 15.059, subdivision 5, the partnership new text end 51.27 new text begin is permanent and does not expire. new text end 51.28    Sec. 43. new text begin SCHOOL DISTRICT PLANS TO IMPROVE STUDENTS' ACADEMIC new text end 51.29 new text begin ACHIEVEMENT. new text end 51.30     new text begin Subdivision 1. new text end new text begin District academic achievement plan; priorities. new text end new text begin (a) A school new text end 51.31 new text begin district experiencing disparities in academic achievement is encouraged to develop a new text end 51.32 new text begin short and long-term plan encompassing one through four years to significantly improve new text end 51.33 new text begin students' academic achievement that uses concrete measures to eliminate differences in new text end 51.34 new text begin academic performance among groups of students defined by race, ethnicity, and income. new text end 51.35 new text begin The plan must: new text end 52.1     new text begin (1) reflect a research-based understanding of high-performing educational systems new text end 52.2 new text begin and best educational practices; new text end 52.3     new text begin (2) include innovative and practical strategies and programs, whether existing or new text end 52.4 new text begin new, that supplement district initiatives to increase students' academic achievement under new text end 52.5 new text begin state and federal educational accountability requirements; and new text end 52.6     new text begin (3) contain valid and reliable measures of student achievement that the district uses new text end 52.7 new text begin to demonstrate the efficacy of the district plan to the commissioner of education. new text end 52.8     new text begin (b) A district must address the elements under section 44, paragraph (a), to the new text end 52.9 new text begin extent those elements are implicated in the district's plan. new text end 52.10     new text begin (c) A district must identify in its plan the strategies and programs the district has new text end 52.11 new text begin implemented and found effective in improving students' academic achievement. new text end 52.12     new text begin (d) The district must include with the plan the amount of expenditures necessary new text end 52.13 new text begin to implement the plan. The district must indicate how current resources are used to new text end 52.14 new text begin implement the plan, including, but not limited to, state-limited English proficiency aid new text end 52.15 new text begin under Minnesota Statutes, section 124D.65; integration revenue under Minnesota Statutes, new text end 52.16 new text begin section 124D.86; early childhood family education revenue under Minnesota Statutes, new text end 52.17 new text begin section 124D.135; school readiness aid under Minnesota Statutes, section 124D.16; basic new text end 52.18 new text begin skills revenue under Minnesota Statutes, section 126C.10, subdivision 4; extended time new text end 52.19 new text begin revenue under Minnesota Statutes, section 126C.10, subdivision 2a; and alternative new text end 52.20 new text begin compensation revenue under Minnesota Statutes, section 122A.415. new text end 52.21     new text begin Subd. 2. new text end new text begin Plan. new text end new text begin (a) A school district by October 1, 2008, must submit its plan in new text end 52.22 new text begin electronic format to the commissioner of education, consistent with subdivision 1. new text end 52.23     new text begin (b) The commissioner of education must analyze the commonalities and differences new text end 52.24 new text begin of the district plans and the effective strategies and programs districts have implemented new text end 52.25 new text begin to improve students' academic achievement, and submit the analysis and underlying data new text end 52.26 new text begin to the advisory task force on improving students' academic achievement under section new text end 52.27 new text begin 44 by November 1, 2008, and also report the substance of the analyses to the education new text end 52.28 new text begin policy and finance committees of the legislature by January 1, 2009. new text end 52.29 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end 52.30    Sec. 44. new text begin ADVISORY TASK FORCE ON IMPROVING STUDENTS' new text end 52.31 new text begin ACADEMIC ACHIEVEMENT. new text end 52.32     new text begin (a) An advisory task force on improving students' academic achievement is new text end 52.33 new text begin established to review the plans submitted to the commissioner of education under section new text end 52.34 new text begin 43 and recommend to the education committees of the legislature a proposal for improving new text end 52.35 new text begin students' academic achievement and eliminating differences in academic performance new text end 53.1 new text begin among groups of students defined by race, ethnicity, and income. The task force members new text end 53.2 new text begin must at least consider how the following education-related issues impact the educational new text end 53.3 new text begin achievement of low-income students and students of color: new text end 53.4     new text begin (1) rigorous preparation and coursework and how to (i) effectively invest in early new text end 53.5 new text begin childhood and parent education, (ii) increase academic rigor and high expectations on new text end 53.6 new text begin elementary and secondary students in schools serving a majority of low-income students new text end 53.7 new text begin and students of color, and (iii) provide parents, educators, and community members with new text end 53.8 new text begin meaningful opportunities to collaborate in educating students in schools serving a majority new text end 53.9 new text begin of low-income students and students of color; new text end 53.10     new text begin (2) professional development for educators and how to (i) provide stronger financial new text end 53.11 new text begin and professional incentives to attract and retain experienced, bilingual, and culturally new text end 53.12 new text begin competent teachers and administrators in schools serving a majority of low-income new text end 53.13 new text begin students and students of color, (ii) recruit and retain teachers of color, and (iii) develop and new text end 53.14 new text begin include cultural sensitivity and interpersonal and pedagogical skills training that teachers new text end 53.15 new text begin need for effective intercultural teaching; new text end 53.16     new text begin (3) English language learners and how to (i) use well-designed tests, curricula, new text end 53.17 new text begin and English as a second language programs and services as diagnostic tools to develop new text end 53.18 new text begin effective student interventions, (ii) monitor students' language capabilities, (iii) provide new text end 53.19 new text begin academic instruction in English that supports students' learning and is appropriate new text end 53.20 new text begin for students' level of language proficiency, and (iv) incorporate the perspectives and new text end 53.21 new text begin contributions of ethnic and racial groups, consistent with Minnesota Statutes, section new text end 53.22 new text begin 120B.022, subdivision 1, paragraph (b); new text end 53.23     new text begin (4) special education and how to (i) incorporate linguistic and cultural sensitivity new text end 53.24 new text begin into special education diagnosis and referral, (ii) increase the frequency and quality of new text end 53.25 new text begin prereferral interventions, and (iii) decrease the number of minority and nonnative English new text end 53.26 new text begin speaking students inappropriately placed in special education; new text end 53.27     new text begin (5) GRAD tests and how to (i) incorporate linguistic and cultural sensitivity into the new text end 53.28 new text begin reading and math GRAD tests, and (ii) develop interventions to meet students' learning new text end 53.29 new text begin needs; and new text end 53.30     new text begin (6) valid and reliable data and how to use data on student on-time graduation rates, new text end 53.31 new text begin student dropout rates, documented disciplinary actions, and completed and rigorous course new text end 53.32 new text begin work indicators to determine how well-prepared low-income students and students of new text end 53.33 new text begin color are for postsecondary academic and career opportunities. new text end 53.34     new text begin The task force also must examine the findings of a 2008 report by Minnesota new text end 53.35 new text begin superintendents on strategies for creating a world-class educational system to establish new text end 54.1 new text begin priorities for improving students' academic achievement. The task force may consider new text end 54.2 new text begin other related matters at its discretion. new text end 54.3     new text begin (b) The commissioner of education must convene the first meeting of the advisory new text end 54.4 new text begin task force on improving students' academic achievement by July 1, 2008. The task force new text end 54.5 new text begin members must adopt internal procedures and standards for subsequent meetings. The task new text end 54.6 new text begin force is composed of the following members: new text end 54.7     new text begin (1) a representative from a Twin Cities metropolitan area school district, a suburban new text end 54.8 new text begin school district, a school district located in a regional center, and a rural school district, new text end 54.9 new text begin all four representatives appointed by the education commissioner based on identified new text end 54.10 new text begin concentrations of low-performing, low-income students and students of color; new text end 54.11     new text begin (2) a faculty member of a teacher preparation program at the University of new text end 54.12 new text begin Minnesota's College of Education and Human Development, appointed by the college new text end 54.13 new text begin dean or the dean's designee; new text end 54.14     new text begin (3) a faculty member from the urban teachers program at Metropolitan State new text end 54.15 new text begin University appointed by the university president or the president's designee; new text end 54.16     new text begin (4) a faculty member from a Minnesota State Colleges and Universities teacher new text end 54.17 new text begin preparation program located outside the Twin Cities metropolitan area, appointed by new text end 54.18 new text begin the chancellor or the chancellor's designee; new text end 54.19     new text begin (5) a classroom teacher appointed by Education Minnesota; new text end 54.20     new text begin (6) an expert in early childhood care and education appointed by a state early new text end 54.21 new text begin childhood organization; new text end 54.22     new text begin (7) a member from each state council representing a community of color, appointed new text end 54.23 new text begin by the respective council; new text end 54.24     new text begin (8) a curriculum specialist with expertise in providing language instruction for new text end 54.25 new text begin nonnative English speakers, appointed by a state curriculum organization; new text end 54.26     new text begin (9) a special education teacher, appointed by a state organization of special education new text end 54.27 new text begin educators; new text end 54.28     new text begin (10) a parent of color, appointed by a state parent-teacher organization; new text end 54.29     new text begin (11) a district testing director appointed by a recognized Minnesota assessment new text end 54.30 new text begin group composed of assessment and evaluation directors and staff and researchers; and new text end 54.31     new text begin (12) a Department of Education staff person with expertise in school desegregation new text end 54.32 new text begin matters appointed by the commissioner of education or the commissioner's designee. new text end 54.33     new text begin A majority of task force members, at their discretion, may invite other representatives new text end 54.34 new text begin of interested public or nonpublic organizations, Minnesota's communities of color, and new text end 54.35 new text begin stakeholders in local and state educational equity to become task force members. A new text end 54.36 new text begin majority of task force members must be persons of color. new text end 55.1     new text begin (c) Members of the task force serve without compensation of any kind for any new text end 55.2 new text begin purpose. By February 15, 2009, the task force must submit a written proposal to the new text end 55.3 new text begin education policy and finance committees of the legislature on how to significantly improve new text end 55.4 new text begin students' academic achievement. new text end 55.5     new text begin (d) The advisory task force expires on February 16, 2009. new text end 55.6 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end 55.7    Sec. 45. new text begin ADVISORY TASK FORCE; INTEGRATING SECONDARY AND new text end 55.8 new text begin POSTSECONDARY ACADEMIC AND CAREER EDUCATION. new text end 55.9     new text begin (a) An advisory task force on improving teacher quality and identifying institutional new text end 55.10 new text begin structures and strategies for effectively integrating secondary and postsecondary academic new text end 55.11 new text begin and career education is established to consider and recommend to the education policy and new text end 55.12 new text begin finance committees of the legislature proposals on how to: new text end 55.13     new text begin (1) foster classroom teachers' interest and ability to acquire a master's degree in the new text end 55.14 new text begin teachers' substantive fields of licensure; and new text end 55.15     new text begin (2) meet all elementary and secondary students' needs for adequate education new text end 55.16 new text begin planning and preparation and improve all students' ability to acquire the knowledge and new text end 55.17 new text begin skills needed for postsecondary academic and career education. new text end 55.18     new text begin (b) The commissioner of education, or the commissioner's designee, shall appoint new text end 55.19 new text begin an advisory task force that is composed of a representative from each of the following new text end 55.20 new text begin entities: Education Minnesota, the University of Minnesota, the Department of new text end 55.21 new text begin Education, the Board of Teaching, the Minnesota Private College Council, the Office of new text end 55.22 new text begin Higher Education, the Minnesota Career College Association, the Minnesota PTA, the new text end 55.23 new text begin Minnesota Chamber of Commerce, the Minnesota Business Partnership, the Department new text end 55.24 new text begin of Employment and Economic Development, the Minnesota Association of Career and new text end 55.25 new text begin Technical Administrators, the Minnesota Association of Career and Technical Educators, new text end 55.26 new text begin the Minnesota State Colleges and Universities, and other representatives of other new text end 55.27 new text begin entities recommended by task force members. Members of the task force serve without new text end 55.28 new text begin compensation of any kind for any purpose. By February 15, 2009, the task force must new text end 55.29 new text begin submit written recommendations to the education policy and finance committees of the new text end 55.30 new text begin legislature on improving teacher quality and identifying the institutional structures and new text end 55.31 new text begin strategies for effectively integrating secondary and postsecondary academic and career new text end 55.32 new text begin education, consistent with this section. new text end 55.33     new text begin (c) Upon request, the commissioner of education must provide the task force with new text end 55.34 new text begin technical, fiscal, and other support services. new text end 55.35     new text begin (d) The advisory task force expires February 16, 2009. new text end 56.1 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end 56.2    Sec. 46. new text begin NO CHILD LEFT BEHIND ACT; WAIVER FROM FINANCIAL new text end 56.3 new text begin CONSTRAINTS. new text end 56.4     new text begin (a) The commissioner of education must immediately petition the federal new text end 56.5 new text begin Department of Education to allow Minnesota schools to continue to receive federal new text end 56.6 new text begin funds under the No Child Left Behind Act of 2001 for state educational services without new text end 56.7 new text begin the restrictions in federal regulations. The commissioner must include in the petition new text end 56.8 new text begin information to demonstrate the long history of Minnesota's educational efficacy and how new text end 56.9 new text begin flexibility related to expending such federal funds will enhance the state education system. new text end 56.10     new text begin (b) The commissioner must not enforce the educational assessment and new text end 56.11 new text begin accountability provisions in Minnesota Statutes, chapter 120B, related to implementing new text end 56.12 new text begin the No Child Left Behind Act of 2001 after the 2008-2009 school year. A school board new text end 56.13 new text begin may file a written resolution with the state auditor under Minnesota Statutes, section new text end 56.14 new text begin 6.79, recommending how the legislature should reform the educational assessment new text end 56.15 new text begin and accountability provisions in Minnesota Statutes, chapter 120B, absent the federal new text end 56.16 new text begin mandates. The commissioner may report proposals and requests to the educational new text end 56.17 new text begin committees of the legislature by January 1, 2009. new text end 56.18    Sec. 47. new text begin COMPUTER ADAPTIVE ASSESSMENTS. new text end 56.19     new text begin The Department of Education, by December 1, 2008, must report to the education new text end 56.20 new text begin committees of the legislature on its efforts to add a computer adaptive assessment that new text end 56.21 new text begin includes formative analytics to the Minnesota's comprehensive assessment administered new text end 56.22 new text begin under Minnesota Statutes, section 120B.30. new text end 56.23 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end 56.24    Sec. 48. new text begin ENDING PARTICIPATION IN NO CHILD LEFT BEHIND. new text end 56.25     new text begin The commissioner of education must nullify and revoke by August 1, 2009, the new text end 56.26 new text begin consolidated state plan that the state of Minnesota submitted to the federal Department new text end 56.27 new text begin of Education on implementing the No Child Left Behind Act of 2001, and any other new text end 56.28 new text begin Minnesota state contract or agreement entered into under the provisions of the No Child new text end 56.29 new text begin Left Behind Act of 2001 if (1) the commissioners of education and finance jointly certify new text end 56.30 new text begin that by not implementing the provisions of the No Child Left Behind Act, the state's new text end 56.31 new text begin schools will realize a net financial benefit; (2) state assessment and accountability reforms new text end 56.32 new text begin to include a growth-based assessment are enacted during the 2008 legislative session; and new text end 56.33 new text begin (3) the commissioner of education implements these reforms. new text end 57.1    Sec. 49. new text begin REVIVAL AND REENACTMENT. new text end 57.2     new text begin Minnesota Statutes, section 124D.10, subdivision 2a, is revived and reenacted new text end 57.3 new text begin effective retroactively and without interruption from June 30, 2007. new text end 57.4ARTICLE 3 57.5SPECIAL PROGRAMS 57.6    Section 1. Minnesota Statutes 2006, section 124D.60, subdivision 1, is amended to 57.7read: 57.8    Subdivision 1. Notice. Within ten new text begin 30 new text end days after the enrollment of any pupil in an 57.9instructional program for limited English proficient students, the district in which the pupil 57.10resides must notify the parent by mail. This notice must: 57.11    (1) be in writing in English and in the primary language of the pupil's parents; 57.12    (2) inform the parents that their child has been enrolled in an instructional program 57.13for limited English proficient students; 57.14    (3) contain a simple, nontechnical description of the purposes, method and content 57.15of the program; 57.16    (4) inform the parents that they have the right to visit the educational program for 57.17limited English proficient students in which their child is enrolled; 57.18    (5) inform the parents of the time and manner in which to request and receive a 57.19conference for the purpose of explaining the nature and purpose of the program; and 57.20    (6) inform the parents of their rights to withdraw their child from an educational 57.21program for limited English proficient students and the time and manner in which to do so. 57.22    The department shall, at the request of the district, prepare the notice in the primary 57.23language of the parent. 57.24    Sec. 2. Minnesota Statutes 2007 Supplement, section 125A.14, is amended to read: 57.25125A.14 EXTENDED SCHOOL YEAR. 57.26    A district may provide extended school year services for children with a disability 57.27living within the district and nonresident children temporarily placed in the district 57.28pursuant to section 125A.15 or . Prior to March 31 or 30 days after the child with 57.29a disability is placed in the district, whichever is later, the providing district shall give 57.30notice to the district of residence of any nonresident children temporarily placed in the 57.31district pursuant to section 125A.15 or , of its intention to provide these programs. 57.32Notwithstanding any contrary provisions in sections 125A.15 and , the district 57.33providing the special instruction and services must apply for special education aid for the 57.34extended school year services. The unreimbursed actual cost of providing the program 58.1for nonresident children with a disability, including the cost of board and lodging, may 58.2be billed to the district of the child's residence and must be paid by the resident district. 58.3Transportation costs must be paid by the district responsible for providing transportation 58.4pursuant to section 125A.15 or and transportation aid must be paid to that district. 58.5    Sec. 3. Minnesota Statutes 2006, section 125A.15, is amended to read: 58.6125A.15 PLACEMENT IN ANOTHER DISTRICT; RESPONSIBILITY. 58.7    The responsibility for special instruction and services for a child with a disability 58.8temporarily placed in another district for care and treatment shall be determined in the 58.9following manner: 58.10    (a) The district of residence of a child shall be the district in which the child's parent 58.11resides, if living, or the child's guardian, or the district designated by the commissioner if 58.12neither parent nor guardian is living within the state. 58.13    (b) new text begin If a district other than the resident district places a pupil for care and treatment, new text end 58.14 new text begin the district placing the pupil must notify and give the resident district an opportunity to new text end 58.15 new text begin participate in the placement decision. When an immediate emergency placement of a new text end 58.16 new text begin pupil is necessary and time constraints foreclose a resident district from participating in new text end 58.17 new text begin the emergency placement decision, the district in which the pupil is temporarily placed new text end 58.18 new text begin must notify the resident district of the emergency placement within 15 days. The resident new text end 58.19 new text begin district has up to five business days after receiving notice of the emergency placement new text end 58.20 new text begin to request an opportunity to participate in the placement decision, which the placing new text end 58.21 new text begin district must then provide. new text end 58.22     new text begin (c) new text end When a child is temporarily placed for care and treatment in a day program 58.23located in another district and the child continues to live within the district of residence 58.24during the care and treatment, the district of residence is responsible for providing 58.25transportation to and from the care and treatment facility new text begin program new text end and an appropriate 58.26educational program for the child. new text begin The resident district may establish reasonable new text end 58.27 new text begin restrictions on transportation, except if a Minnesota court or agency orders the child new text end 58.28 new text begin placed at a day care and treatment program and the resident district receives a copy of new text end 58.29 new text begin the order, then the resident district must provide transportation to and from the program new text end 58.30 new text begin unless the court or agency orders otherwise. new text end Transportation shall only be provided by the 58.31 new text begin resident new text end district during regular operating hours of the new text begin resident new text end district. The new text begin resident new text end district 58.32may provide the educational program at a school within the district of residence, at the 58.33child's residence, or in the district in which the day treatment center is located by paying 58.34tuition to that district. 59.1    (c) new text begin (d) new text end When a child is temporarily placed in a residential program for care and 59.2treatment, the nonresident district in which the child is placed is responsible for providing 59.3an appropriate educational program for the child and necessary transportation while the 59.4child is attending the educational program; and must bill the district of the child's residence 59.5for the actual cost of providing the program, as outlined in section 125A.11, except as 59.6provided in paragraph (d) new text begin (e) new text end . However, the board, lodging, and treatment costs incurred 59.7in behalf of a child with a disability placed outside of the school district of residence by 59.8the commissioner of human services or the commissioner of corrections or their agents, 59.9for reasons other than providing for the child's special educational needs must not become 59.10the responsibility of either the district providing the instruction or the district of the child's 59.11residence. For the purposes of this section, the state correctional facilities operated on a 59.12fee-for-service basis are considered to be residential programs for care and treatment. 59.13    (d) new text begin (e) new text end A privately owned and operated residential facility may enter into a contract 59.14to obtain appropriate educational programs for special education children and services 59.15with a joint powers entity. The entity with which the private facility contracts for special 59.16education services shall be the district responsible for providing students placed in that 59.17facility an appropriate educational program in place of the district in which the facility is 59.18located. If a privately owned and operated residential facility does not enter into a contract 59.19under this paragraph, then paragraph (c) new text begin (d) new text end applies. 59.20    (e) new text begin (f) new text end The district of residence shall pay tuition and other program costs, not 59.21including transportation costs, to the district providing the instruction and services. 59.22The district of residence may claim general education aid for the child as provided by 59.23law. Transportation costs must be paid by the district responsible for providing the 59.24transportation and the state must pay transportation aid to that district. 59.25 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day after final enactment. new text end 59.26    Sec. 4. Minnesota Statutes 2006, section 125A.51, is amended to read: 59.27125A.51 PLACEMENT OF CHILDREN WITHOUT DISABILITIES; 59.28EDUCATION AND TRANSPORTATION. 59.29    The responsibility for providing instruction and transportation for a pupil without a 59.30disability who has a short-term or temporary physical or emotional illness or disability, as 59.31determined by the standards of the commissioner, and who is temporarily placed for care 59.32and treatment for that illness or disability, must be determined as provided in this section. 59.33    (a) The school district of residence of the pupil is the district in which the pupil's 59.34parent or guardian resides. 60.1    (b) When parental rights have been terminated by court order, the legal residence 60.2of a child placed in a residential or foster facility for care and treatment is the district in 60.3which the child resides. 60.4    (c) Before the placement of a pupil for care and treatment, the district of residence 60.5must be notified and provided an opportunity to participate in the placement decision. 60.6When an immediate emergency placement is necessary and time does not permit 60.7resident district participation in the placement decision, the district in which the pupil is 60.8temporarily placed, if different from the district of residence, must notify the district 60.9of residence of the emergency placement within 15 days of the placement. new text begin When a new text end 60.10 new text begin nonresident district makes an emergency placement without first consulting with the new text end 60.11 new text begin resident district, the resident district has up to five business days after receiving notice new text end 60.12 new text begin of the emergency placement to request an opportunity to participate in the placement new text end 60.13 new text begin decision, which the placing district must then provide. new text end 60.14    (d) When a pupil without a disability is temporarily placed for care and treatment 60.15in a day program and the pupil continues to live within the district of residence during 60.16the care and treatment, the district of residence must provide instruction and necessary 60.17transportation to and from the new text begin care and new text end treatment facility new text begin program new text end for the pupil. new text begin The new text end 60.18 new text begin resident district may establish reasonable restrictions on transportation, except if a new text end 60.19 new text begin Minnesota court or agency orders the child placed at a day care and treatment program new text end 60.20 new text begin and the resident district receives a copy of the order, then the resident district must provide new text end 60.21 new text begin transportation to and from the program unless the court or agency orders otherwise. new text end 60.22Transportation shall only be provided by the new text begin resident new text end district during regular operating 60.23hours of the new text begin resident new text end district. The new text begin resident new text end district may provide the instruction at a school 60.24within the district of residence, at the pupil's residence, or in the case of a placement 60.25outside of the resident district, in the district in which the day treatment program is located 60.26by paying tuition to that district. The district of placement may contract with a facility to 60.27provide instruction by teachers licensed by the state Board of Teaching. 60.28    (e) When a pupil without a disability is temporarily placed in a residential program 60.29for care and treatment, the district in which the pupil is placed must provide instruction 60.30for the pupil and necessary transportation while the pupil is receiving instruction, and in 60.31the case of a placement outside of the district of residence, the nonresident district must 60.32bill the district of residence for the actual cost of providing the instruction for the regular 60.33school year and for summer school, excluding transportation costs. 60.34    (f) Notwithstanding paragraph (e), if the pupil is homeless and placed in a public or 60.35private homeless shelter, then the district that enrolls the pupil under section 127A.47, 60.36subdivision 2 , shall provide the transportation, unless the district that enrolls the pupil 61.1and the district in which the pupil is temporarily placed agree that the district in which 61.2the pupil is temporarily placed shall provide transportation. When a pupil without a 61.3disability is temporarily placed in a residential program outside the district of residence, 61.4the administrator of the court placing the pupil must send timely written notice of the 61.5placement to the district of residence. The district of placement may contract with a 61.6residential facility to provide instruction by teachers licensed by the state Board of 61.7Teaching. For purposes of this section, the state correctional facilities operated on a 61.8fee-for-service basis are considered to be residential programs for care and treatment. 61.9    (g) The district of residence must include the pupil in its residence count of pupil 61.10units and pay tuition as provided in section 123A.488 to the district providing the 61.11instruction. Transportation costs must be paid by the district providing the transportation 61.12and the state must pay transportation aid to that district. For purposes of computing state 61.13transportation aid, pupils governed by this subdivision must be included in the disabled 61.14transportation category if the pupils cannot be transported on a regular school bus route 61.15without special accommodations. 61.16 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day after final enactment. new text end 61.17    Sec. 5. Minnesota Statutes 2006, section 125A.744, subdivision 3, is amended to read: 61.18    Subd. 3. Implementation. Consistent with section 256B.0625, subdivision 26, 61.19school districts may enroll as medical assistance providers or subcontractors and bill 61.20the Department of Human Services under the medical assistance fee for service claims 61.21processing system for special education services which are covered services under chapter 61.22256B, which are provided in the school setting for a medical assistance recipient, and for 61.23whom the district has secured informed consent consistent with section 13.05, subdivision 61.244 , paragraph (d), and section 256B.77, subdivision 2, paragraph (p), to bill for each type 61.25of covered service. School districts shall be reimbursed by the commissioner of human 61.26services for the federal share of individual education plan health-related services that 61.27qualify for reimbursement by medical assistance, minus up to five percent retained by the 61.28commissioner of human services for administrative costs, not to exceed $350,000 per 61.29fiscal year. The commissioner may withhold up to five percent of each payment to a 61.30school district. Following the end of each fiscal year, the commissioner shall settle up with 61.31each school district in order to ensure that collections from each district for departmental 61.32administrative costs are made on a pro rata basis according to federal earnings for these 61.33services in each district. A school district is not eligible to enroll as a home care provider 61.34or a personal care provider organization for purposes of billing home care services under 61.35sections 256B.0651 and 256B.0653 to 256B.0656 until the commissioner of human 62.1services issues a bulletin instructing county public health nurses on how to assess for the 62.2needs of eligible recipients during school hours. To use private duty nursing services or 62.3personal care services at school, the recipient or responsible party must provide written 62.4authorization in the care plan identifying the chosen provider and the daily amount 62.5of services to be used at school. 62.6    Sec. 6. new text begin EXPEDITED PROCESS, SPECIFIC LEARNING DISABILITY RULE. new text end 62.7     new text begin The commissioner of education may use the expedited process under Minnesota new text end 62.8 new text begin Statutes, section 14.389, to conform Minnesota Rule, part 3525.1341, to new federal new text end 62.9 new text begin requirements on specific learning disabilities under Public Law 108-446, Sections 602(30) new text end 62.10 new text begin and 614(b)(6), the Individuals with Disabilities Education Improvement Act of 2004, new text end 62.11 new text begin and its implementing regulations. new text end 62.12 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day after final enactment. new text end 62.13    Sec. 7. new text begin REPEALER. new text end 62.14 new text begin Minnesota Statutes 2006, sections 121A.67; 125A.16; 125A.19; 125A.20; and new text end 62.15 new text begin 125A.57, new text end new text begin and new text end new text begin Laws 2006, chapter 263, article 3, section 16, new text end new text begin are repealed. new text end 62.16 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end 62.17ARTICLE 4 62.18LIBRARIES 62.19    Section 1. Minnesota Statutes 2007 Supplement, section 134.31, subdivision 4a, 62.20is amended to read: 62.21    Subd. 4a. Services to the blind and physically handicapped. The Minnesota 62.22Department of Education shall provide specialized services to the blind and physically 62.23handicapped through the Minnesota new text begin Braille and Talking Book new text end Library for the Blind and 62.24Physically Handicapped under a cooperative plan with the National Library Services for 62.25the Blind and Physically Handicapped of the Library of Congress. 62.26    Sec. 2. Minnesota Statutes 2006, section 134.31, subdivision 6, is amended to read: 62.27    Subd. 6. Advisory committee. The commissioner shall appoint an advisory 62.28committee of five members to advise the staff of the Minnesota new text begin Braille and Talking new text end 62.29 new text begin Book new text end Library for the Blind and Physically Handicapped on long-range plans and library 62.30services. Members shall be people who use the library. Section 15.059 governs this 62.31committee except that the committee shall not expire. 63.1    Sec. 3. Minnesota Statutes 2006, section 134.31, is amended by adding a subdivision 63.2to read: 63.3     new text begin Subd. 7. new text end new text begin Telephone or electronic meetings. new text end new text begin (a) Notwithstanding section 13D.01, new text end 63.4 new text begin the Advisory Committee for the Minnesota Braille and Talking Book Library may conduct new text end 63.5 new text begin a meeting of its members by telephone or other electronic means so long as the following new text end 63.6 new text begin conditions are met: new text end 63.7     new text begin (1) all members of the committee participating in the meeting, wherever their new text end 63.8 new text begin physical locations, can hear one another and can hear all discussion and testimony; new text end 63.9     new text begin (2) members of the public present at the regular meeting location of the committee new text end 63.10 new text begin can hear all discussion, testimony, and votes of the members of the committee; new text end 63.11     new text begin (3) at least one member of the committee is physically present at the regular meeting new text end 63.12 new text begin location; and new text end 63.13     new text begin (4) all votes are conducted by roll call, so each member's votes on each issue can be new text end 63.14 new text begin identified and recorded. new text end 63.15     new text begin (b) Each member of the committee participating in a meeting by telephone or other new text end 63.16 new text begin electronic means is considered present at the meeting for purposes of determining quorum new text end 63.17 new text begin and participating in all proceedings. new text end 63.18     new text begin (c) If telephone or other electronic means is used to conduct a meeting, to the extent new text end 63.19 new text begin practical, the committee shall allow a person to monitor the meeting electronically from a new text end 63.20 new text begin remote location. The committee may require the person making the connection to pay new text end 63.21 new text begin for the documented marginal costs that the committee incurs as a result of the additional new text end 63.22 new text begin connection. new text end 63.23     new text begin (d) If telephone or other electronic means is used to conduct a regular, special, or new text end 63.24 new text begin emergency meeting, the committee shall provide notice of the regular meeting location, new text end 63.25 new text begin the fact that some members may participate by telephone or other electronic means, and new text end 63.26 new text begin the provisions of paragraph (c). The timing and method of providing notice is governed new text end 63.27 new text begin by section 13D.04. new text end 63.28ARTICLE 5 63.29STATE AGENCIES 63.30    Section 1. Minnesota Statutes 2006, section 125A.65, subdivision 4, is amended to 63.31read: 63.32    Subd. 4. Unreimbursed costs. (a) For fiscal year 2006, in addition to the tuition 63.33charge allowed in subdivision 3, the academies may charge the child's district of residence 63.34for the academy's unreimbursed cost of providing an instructional aide assigned to that 63.35child, after deducting the special education aid under section 125A.76, attributable to the 64.1child, if that aide is required by the child's individual education plan. Tuition received 64.2under this paragraph must be used by the academies to provide the required service. 64.3    (b) For fiscal year 2007 new text begin 2008 new text end and later, the special education aid paid to the 64.4academies shall be increased by the academy's unreimbursed cost of providing an new text begin one new text end 64.5 new text begin to one new text end instructional aide new text begin and behavioral management aides new text end assigned to a child, after 64.6deducting the special education aid under section 125A.76 attributable to the child, if that 64.7aide is new text begin the aides are new text end required by the child's individual education plan. Aid received under 64.8this paragraph must be used by the academies to provide the required service. 64.9    (c) For fiscal year 2007 new text begin 2008 new text end and later, the special education aid paid to the district 64.10of the child's residence shall be reduced by the amount paid to the academies for district 64.11residents under paragraph (b). 64.12    (d) Notwithstanding section 127A.45, subdivision 3, beginning in fiscal year 2008, 64.13the commissioner shall make an estimated final adjustment payment to the Minnesota 64.14State Academies for general education aid and special education aid for the prior fiscal 64.15year by August 15. 64.16     new text begin (e) For fiscal year 2008, the academies may retain receipts received through mutual new text end 64.17 new text begin agreements with school districts for one to one behavior management aides. new text end 64.18 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end 64.19    Sec. 2. Minnesota Statutes 2006, section 125A.65, is amended by adding a subdivision 64.20to read: 64.21     new text begin Subd. 11. new text end new text begin Third-party reimbursement. new text end new text begin The Minnesota State Academies must seek new text end 64.22 new text begin reimbursement under section 125A.21 from third parties for the cost of services provided new text end 64.23 new text begin by the Minnesota State Academies whenever the services provided are otherwise covered new text end 64.24 new text begin by a child's public or private health plan. new text end 64.25 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment new text end 64.26 new text begin for revenue in fiscal year 2008. new text end 64.27    Sec. 3. Minnesota Statutes 2006, section 135A.14, subdivision 2, is amended to read: 64.28    Subd. 2. Statement of immunization required new text begin ; disclosure new text end . new text begin (a) new text end Except as provided 64.29in subdivision 3, no student may remain enrolled in a public or private postsecondary 64.30educational institution unless the student has submitted to the administrator a statement that 64.31the student has received appropriate immunization against measles, rubella, and mumps 64.32after having attained the age of 12 months, and against diphtheria and tetanus within ten 64.33years of first registration at the institution. This statement must indicate the month and 65.1year of each immunization given. Instead of submitting a statement, a student may provide 65.2an immunization record maintained by a school according to section 121A.15, subdivision 65.37 , or a school in another state if the required information is contained in the record. A 65.4student who has submitted a statement as provided in this subdivision may transfer to 65.5a different Minnesota institution without submitting another statement if the student's 65.6transcript or other official documentation indicates that the statement was submitted. 65.7     new text begin (b) Any written information provided to a student about immunization requirements new text end 65.8 new text begin under this subdivision must describe the exemptions from immunizations under new text end 65.9 new text begin subdivision 3 on the same page and in the same format and style as the written new text end 65.10 new text begin communication for the immunization requirements. new text end 65.11ARTICLE 6 65.12SELF-SUFFICIENCY AND LIFELONG LEARNING 65.13    Section 1. Minnesota Statutes 2006, section 120A.22, subdivision 5, is amended to 65.14read: 65.15    Subd. 5. Ages and terms. (a) Every child between seven and 16 years of age must 65.16receive instruction. Every child under the age of seven who is enrolled in a half-day 65.17kindergarten, or a full-day kindergarten program on alternate days, or other kindergarten 65.18programs shall receive instruction. Except as provided in subdivision 6, a parent may 65.19withdraw a child under the age of seven from enrollment at any time. 65.20    (b) A school district by annual board action may require children subject to this 65.21subdivision to receive instruction in summer school. A district that acts to require children 65.22to receive instruction in summer school shall establish at the time of its action the criteria 65.23for determining which children must receive instruction. 65.24 new text begin EFFECTIVE DATE. new text end new text begin This section is effective for the 2008-2009 school year and new text end 65.25 new text begin later. new text end 65.26    Sec. 2. Minnesota Statutes 2006, section 120A.22, subdivision 6, is amended to read: 65.27    Subd. 6. Children under seven. (a) Once a pupil under the age of seven is enrolled 65.28in kindergarten new text begin first grade new text end or a higher grade in a public school, the pupil is subject to the 65.29compulsory attendance provisions of this chapter and section 120A.34, unless the board of 65.30the district in which the pupil is enrolled has a policy that exempts children under seven 65.31from this subdivision new text begin or paragraph (b) applies new text end . 65.32    (b) In a district in which children under seven are subject to compulsory attendance 65.33under this subdivision, paragraphs (c) to (e) apply. 66.1    (c) A parent or guardian may withdraw the pupil from enrollment in the school for 66.2good cause by notifying the district. Good cause includes, but is not limited to, enrollment 66.3of the pupil in another school, as defined in subdivision 4, or the immaturity of the child. 66.4    (d) When the pupil enrolls, the enrolling official must provide the parent or guardian 66.5who enrolls the pupil with a written explanation of the provisions of this subdivision. 66.6    (e) A pupil under the age of seven who is withdrawn from enrollment in the public 66.7school under paragraph (c) is no longer subject to the compulsory attendance provisions 66.8of this chapter. 66.9    (f) new text begin (b) This subdivision does not apply to: new text end 66.10     new text begin (1) a kindergartner under age seven whose parent withdraws the child after notifying new text end 66.11 new text begin the district; and new text end 66.12     new text begin (2) a child under age seven enrolled in first grade whose parent withdraws the child new text end 66.13 new text begin after notifying the district and enrolls the child in another school under subdivision 4. new text end 66.14     new text begin (c) new text end In a district that had adopted a policy to exempt children under seven from this 66.15subdivision, the district's chief attendance officer must keep the truancy enforcement 66.16authorities supplied with a copy of the board's current policy certified by the clerk of 66.17the board. 66.18 new text begin EFFECTIVE DATE. new text end new text begin This section is effective for the 2008-2009 school year and new text end 66.19 new text begin later. new text end 66.20    Sec. 3. Minnesota Statutes 2007 Supplement, section 124D.13, subdivision 11, is 66.21amended to read: 66.22    Subd. 11. Teachers. A school board must employ necessary qualified new text begin licensed new text end 66.23teachers licensed in early childhood or parent education for its early childhood family 66.24education programs. new text begin The Board of Teaching, at its discretion, may grant an applicant a new text end 66.25 new text begin variance under this subdivision, consistent with sections 122A.09, subdivision 10, and new text end 66.26 new text begin 122A.25, and Board of Teaching rules. new text end 66.27 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end 66.28    Sec. 4. Minnesota Statutes 2006, section 124D.19, subdivision 14, is amended to read: 66.29    Subd. 14. Community education; annual report. Each district offering a 66.30community education program under this section must annually new text begin complete a program new text end 66.31report to the department information regarding the cost per participant and cost per contact 66.32hour for each community education program, including youth after-school enrichment 67.1programs, that receives aid or levy. The department must include cost per participant and 67.2cost per contact hour information by program in the community education annual report. 67.3 new text begin EFFECTIVE DATE. new text end new text begin This section is effective for the 2008-2009 school year and new text end 67.4 new text begin later. new text end 67.5    Sec. 5. Minnesota Statutes 2006, section 124D.522, is amended to read: 67.6124D.522 ADULT BASIC EDUCATION SUPPLEMENTAL SERVICE 67.7GRANTS. 67.8    (a) The commissioner, in consultation with the policy review task force under 67.9section 124D.521, may make grants to nonprofit organizations to provide services that 67.10are not offered by a district adult basic education program or that are supplemental to 67.11either the statewide adult basic education program, or a district's adult basic education 67.12program. The commissioner may make grants for: staff development for adult basic 67.13education teachers and administrators; training for volunteer tutors; training, services, and 67.14materials for serving disabled students through adult basic education programs; statewide 67.15promotion of adult basic education services and programs; development and dissemination 67.16of instructional and administrative technology for adult basic education programs; 67.17programs which primarily serve communities of color; adult basic education distance 67.18learning projects, including television instruction programs; and other supplemental 67.19services to support the mission of adult basic education and innovative delivery of adult 67.20basic education services. 67.21    (b) The commissioner must establish eligibility criteria and grant application 67.22procedures. Grants under this section must support services throughout the state, focus on 67.23educational results for adult learners, and promote outcome-based achievement through 67.24adult basic education programs. Beginning in fiscal year 2002, the commissioner may 67.25make grants under this section from the state total adult basic education aid set aside for 67.26supplemental service grants under section 124D.531. Up to one-fourth of the appropriation 67.27for supplemental service grants must be used for grants for adult basic education programs 67.28to encourage and support innovations in adult basic education instruction and service 67.29delivery. A grant to a single organization cannot exceed $100,000 new text begin 25 percent of the total new text end 67.30 new text begin supplemental services aid new text end . Nothing in this section prevents an approved adult basic 67.31education program from using state or federal aid to purchase supplemental services. 67.32    Sec. 6. Minnesota Statutes 2007 Supplement, section 124D.531, subdivision 1, is 67.33amended to read: 68.1    Subdivision 1. State total adult basic education aid. (a) The state total adult basic 68.2education aid for fiscal year 2005 is $36,509,000. The state total adult basic education 68.3aid for fiscal year 2006 equals $36,587,000 plus any amount that is not paid for during 68.4the previous fiscal year, as a result of adjustments under subdivision 4, paragraph (a), or 68.5section 124D.52, subdivision 3. The state total adult basic education aid for fiscal year 68.62007 equals $37,673,000 plus any amount that is not paid for during the previous fiscal 68.7year, as a result of adjustments under subdivision 4, paragraph (a), or section 124D.52, 68.8subdivision 3 . The state total adult basic education aid for fiscal year 2008 equals 68.9$40,650,000, plus any amount that is not paid during the previous fiscal year as a result of 68.10adjustments under subdivision 4, paragraph (a), or section 124D.52, subdivision 3. The 68.11state total adult basic education aid for later fiscal years equals: 68.12    (1) the state total adult basic education aid for the preceding fiscal year plus any 68.13amount that is not paid for during the previous fiscal year, as a result of adjustments under 68.14subdivision 4, paragraph (a), or section 124D.52, subdivision 3; times 68.15    (2) the lesser of: 68.16    (i) 1.03; or 68.17    (ii) the greater of or the ratio of the state total contact hours in the first prior 68.18program year to the state total contact hours in the second prior program year new text begin the average new text end 68.19 new text begin growth in state total contact hours over the prior ten program years new text end . 68.20    Beginning in fiscal year 2002, two percent of the state total adult basic education 68.21aid must be set aside for adult basic education supplemental service grants under section 68.22124D.522 . 68.23    (b) The state total adult basic education aid, excluding basic population aid, equals 68.24the difference between the amount computed in paragraph (a), and the state total basic 68.25population aid under subdivision 2. 68.26    Sec. 7. Minnesota Statutes 2006, section 124D.55, is amended to read: 68.27124D.55 GENERAL EDUCATION DEVELOPMENT (GED) TEST FEES. 68.28    The commissioner shall pay 60 percent of the fee that is charged to an eligible 68.29individual for the full battery of a general education development (GED) test, but not 68.30more than $20 new text begin $40 new text end for an eligible individual.