1.1 	A bill for an act
1.2 	relating to education; providing for prekindergarten through grade 12 education, 
1.3 	including general education, education excellence, special programs, libraries, 
1.4 	and self-sufficiency and lifelong learning; making technical corrections;
1.5 	amending Minnesota Statutes 2008, sections 16A.06, subdivision 11; 120A.40; 
1.6 	120B.021, subdivision 1; 120B.022, subdivision 1; 120B.024; 120B.13, 
1.7 	subdivision 1; 120B.30; 120B.31; 120B.35; 120B.36; 121A.15, subdivision 8; 
1.8 	121A.41, subdivision 7; 122A.07, subdivisions 2, 3; 122A.18, subdivision 4; 
1.9 	122A.31, subdivision 4; 122A.40, subdivisions 6, 8; 122A.41, subdivisions 3, 5; 
1.10 	122A.413, subdivision 2; 122A.414, subdivisions 2, 2b; 122A.60, subdivision 
1.11 	2; 123A.05; 123A.06; 123A.08; 123B.03, subdivision 1; 123B.14, subdivision 
1.12 	7; 123B.51, by adding a subdivision; 123B.77, subdivision 3; 123B.81, 
1.13 	subdivisions 3, 4, 5; 123B.83, subdivision 3; 124D.095, subdivisions 2, 3, 4, 7, 
1.14 	10; 124D.128, subdivisions 2, 3; 124D.68, subdivisions 2, 3, 4, 5; 124D.83, 
1.15 	subdivision 4; 125A.02; 125A.07; 125A.08; 125A.091; 125A.11, subdivision 
1.16 	1; 125A.15; 125A.28; 125A.51; 125A.57, subdivision 2; 125A.62, subdivision 
1.17 	8; 125A.63, subdivisions 2, 4; 125A.744, subdivision 3; 125A.76, subdivision 
1.18 	1; 126C.05, subdivisions 2, 15, 20; 126C.10, subdivisions 2, 34; 126C.15, 
1.19 	subdivisions 2, 4; 126C.40, subdivision 6; 127A.08, by adding a subdivision; 
1.20 	127A.47, subdivisions 5, 7; 134.31, subdivision 4a, by adding a subdivision; 
1.21 	171.05, subdivision 2; 171.17, subdivision 1; 171.22, subdivision 1; 181A.05, 
1.22 	subdivision 1; 299A.297; proposing coding for new law in Minnesota Statutes, 
1.23 	chapters 120B; 125A; 127A; repealing Minnesota Statutes 2008, sections 
1.24 	120B.362; 121A.27; 121A.43; 121A.66; 121A.67, subdivision 1; 125A.03; 
1.25 	125A.05; 125A.18; Minnesota Rules, parts 3525.0210, subparts 5, 6, 9, 13, 17, 
1.26 	29, 30, 34, 43, 46, 47; 3525.0400; 3525.1100, subpart 2, item F; 3525.2445; 
1.27 	3525.2900, subpart 5; 3525.4220.
1.28 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.29 	ARTICLE 1
1.30 	GENERAL EDUCATION

1.31 	Section 1. Minnesota Statutes 2008, section 16A.06, subdivision 11, is amended to read:
1.32 		Subd. 11.Permanent school fund reporting. The commissioner shall biannually 
1.33 	report to the Permanent School Fund Advisory Committee and the legislature on the 
2.1 	management of the permanent school trust fund that shows how the commissioner the 
2.2 	amount of the permanent school fund transfer and information about the investment of the 
2.3 	permanent school fund provided by the State Board of Investment. The State Board of 
2.4 	Investment shall provide information about how they maximized the long-term economic 
2.5 	return of the permanent school trust fund.

2.6 	Sec. 2. Minnesota Statutes 2008, section 120A.40, is amended to read:
2.7 	120A.40 SCHOOL CALENDAR.
2.8 	(a) Except for learning programs during summer, flexible learning year programs 
2.9 	authorized under sections 124D.12 to 124D.127, and learning year programs under section 
2.10 	124D.128, a district must not commence an elementary or secondary school year before 
2.11 	Labor Day, except as provided under paragraph (b). Days devoted to teachers' workshops 
2.12 	may be held before Labor Day. Districts that enter into cooperative agreements are 
2.13 	encouraged to adopt similar school calendars.
2.14 	(b) A district may begin the school year on any day before Labor Day:
2.15 	(1) to accommodate a construction or remodeling project of $400,000 or more 
2.16 	affecting a district school facility.;
2.17 	(2) if the district has an agreement under section 123A.30, 123A.32, or 123A.35 
2.18 	with a district that qualifies under clause (1); or
2.19 	A school (3) if the district that agrees to the same schedule with a school district 
2.20 	in an adjoining state also may begin the school year before Labor Day as authorized 
2.21 	under this paragraph.

2.22 	Sec. 3. Minnesota Statutes 2008, section 123B.77, subdivision 3, is amended to read:
2.23 		Subd. 3.Statement for comparison and correction. (a) By November 30 of the 
2.24 	calendar year of the submission of the unaudited financial data, the district must provide to 
2.25 	the commissioner audited financial data for the preceding fiscal year. The audit must be 
2.26 	conducted in compliance with generally accepted governmental auditing standards, the 
2.27 	federal Single Audit Act, and the Minnesota legal compliance guide issued by the Office 
2.28 	of the State Auditor. An audited financial statement prepared in a form which will allow 
2.29 	comparison with and correction of material differences in the unaudited financial data 
2.30 	shall be submitted to the commissioner and the state auditor by December 31. The audited 
2.31 	financial statement must also provide a statement of assurance pertaining to uniform 
2.32 	financial accounting and reporting standards compliance and a copy of the management 
2.33 	letter submitted to the district by the school district's auditor.
3.1 	(b) By January February 15 of the calendar year following the submission of the 
3.2 	unaudited financial data, the commissioner shall convert the audited financial data 
3.3 	required by this subdivision into the consolidated financial statement format required 
3.4 	under subdivision 1a and publish the information on the department's Web site.

3.5 	Sec. 4. Minnesota Statutes 2008, section 123B.83, subdivision 3, is amended to read:
3.6 		Subd. 3.Failure to limit expenditures. If a district does not limit its expenditures in 
3.7 	accordance with this section, the commissioner may so notify the appropriate committees 
3.8 	of the legislature by no later than January 1 February 15 of the year following the end 
3.9 	of that fiscal year.

3.10 	Sec. 5. Minnesota Statutes 2008, section 125A.11, subdivision 1, is amended to read:
3.11 		Subdivision 1.Nonresident tuition rate; other costs. (a) For fiscal year 2006, 
3.12 	when a school district provides instruction and services outside the district of residence, 
3.13 	board and lodging, and any tuition to be paid, shall be paid by the district of residence. 
3.14 	The tuition rate to be charged for any child with a disability, excluding a pupil for whom 
3.15 	tuition is calculated according to section 127A.47, subdivision 7, paragraph (d), must be 
3.16 	the sum of (1) the actual cost of providing special instruction and services to the child 
3.17 	including a proportionate amount for special transportation and unreimbursed building 
3.18 	lease and debt service costs for facilities used primarily for special education, plus (2) 
3.19 	the amount of general education revenue and referendum aid attributable to the pupil, 
3.20 	minus (3) the amount of special education aid for children with a disability received 
3.21 	on behalf of that child, minus (4) if the pupil receives special instruction and services 
3.22 	outside the regular classroom for more than 60 percent of the school day, the amount of 
3.23 	general education revenue and referendum aid, excluding portions attributable to district 
3.24 	and school administration, district support services, operations and maintenance, capital 
3.25 	expenditures, and pupil transportation, attributable to that pupil for the portion of time 
3.26 	the pupil receives special instruction and services outside of the regular classroom. If 
3.27 	the boards involved do not agree upon the tuition rate, either board may apply to the 
3.28 	commissioner to fix the rate. Notwithstanding chapter 14, the commissioner must then set 
3.29 	a date for a hearing or request a written statement from each board, giving each board 
3.30 	at least ten days' notice, and after the hearing or review of the written statements the 
3.31 	commissioner must make an order fixing the tuition rate, which is binding on both school 
3.32 	districts. General education revenue and referendum equalization aid attributable to a 
3.33 	pupil must be calculated using the resident district's average general education revenue 
3.34 	and referendum equalization aid per adjusted pupil unit.
4.1 	(b) For fiscal year 2007 and later, when a school district provides special instruction 
4.2 	and services for a pupil with a disability as defined in section 125A.02 outside the district 
4.3 	of residence, excluding a pupil for whom an adjustment to special education aid is 
4.4 	calculated according to section 127A.47, subdivision 7, paragraph (e), special education 
4.5 	aid paid to the resident district must be reduced by an amount equal to (1) the actual 
4.6 	cost of providing special instruction and services to the pupil, including a proportionate 
4.7 	amount for special transportation and unreimbursed building lease and debt service costs 
4.8 	for facilities used primarily for special education, plus (2) the amount of general education 
4.9 	revenue and referendum equalization aid attributable to that pupil, calculated using the 
4.10 	resident district's average general education revenue and referendum equalization aid 
4.11 	per adjusted pupil unit excluding basic skills revenue, elementary sparsity revenue and 
4.12 	secondary sparsity revenue, minus (3) the amount of special education aid for children 
4.13 	with a disability received on behalf of that child, minus (4) if the pupil receives special 
4.14 	instruction and services outside the regular classroom for more than 60 percent of the 
4.15 	school day, the amount of general education revenue and referendum equalization aid, 
4.16 	excluding portions attributable to district and school administration, district support 
4.17 	services, operations and maintenance, capital expenditures, and pupil transportation, 
4.18 	attributable to that pupil for the portion of time the pupil receives special instruction 
4.19 	and services outside of the regular classroom, calculated using the resident district's 
4.20 	average general education revenue and referendum equalization aid per adjusted pupil unit 
4.21 	excluding basic skills revenue, elementary sparsity revenue and secondary sparsity revenue 
4.22 	and the serving district's basic skills revenue, elementary sparsity revenue and secondary 
4.23 	sparsity revenue per adjusted pupil unit. Notwithstanding clauses (1) and (4), for pupils 
4.24 	served by a cooperative unit without a fiscal agent school district, the general education 
4.25 	revenue and referendum equalization aid attributable to a pupil must be calculated using 
4.26 	the resident district's average general education revenue and referendum equalization aid 
4.27 	excluding compensatory revenue, elementary sparsity revenue, and secondary sparsity 
4.28 	revenue. Special education aid paid to the district or cooperative providing special 
4.29 	instruction and services for the pupil must be increased by the amount of the reduction in 
4.30 	the aid paid to the resident district. Amounts paid to cooperatives under this subdivision 
4.31 	and section 127A.47, subdivision 7, shall be recognized and reported as revenues and 
4.32 	expenditures on the resident school district's books of account under sections 123B.75
4.33 	and 123B.76. If the resident district's special education aid is insufficient to make the full 
4.34 	adjustment, the remaining adjustment shall be made to other state aid due to the district.
4.35 	(c) Notwithstanding paragraphs (a) and (b) and section 127A.47, subdivision 7, 
4.36 	paragraphs (d) and (e), a charter school where more than 30 percent of enrolled students 
5.1 	receive special education and related services, a site approved under section 125A.515, 
5.2 	an intermediate district, a special education cooperative, or a school district that served 
5.3 	as the applicant agency for a group of school districts for federal special education aids 
5.4 	for fiscal year 2006 may apply to the commissioner for authority to charge the resident 
5.5 	district an additional amount to recover any remaining unreimbursed costs of serving 
5.6 	pupils with a disability. The application must include a description of the costs and the 
5.7 	calculations used to determine the unreimbursed portion to be charged to the resident 
5.8 	district. Amounts approved by the commissioner under this paragraph must be included 
5.9 	in the tuition billings or aid adjustments under paragraph (a) or (b), or section 127A.47, 
5.10 	subdivision 7, paragraph (d) or (e), as applicable.
5.11 	(d) For purposes of this subdivision and section 127A.47, subdivision 7, paragraphs 
5.12 	(d) and (e), "general education revenue and referendum equalization aid" means the sum 
5.13 	of the general education revenue according to section 126C.10, subdivision 1, excluding 
5.14 	alternative teacher compensation revenue, plus the referendum equalization aid according 
5.15 	to section 126C.17, subdivision 7, as adjusted according to section 127A.47, subdivision 
5.16 	7, paragraphs (a) to (c).

5.17 	Sec. 6. Minnesota Statutes 2008, section 126C.05, subdivision 2, is amended to read:
5.18 		Subd. 2.Foreign exchange pupils. Notwithstanding section 124D.02, subdivision 
5.19 	3, or any other law to the contrary, a foreign exchange pupil enrolled in a district under a 
5.20 	cultural exchange program registered with the Office of the Secretary of State under 
5.21 	section 5A.02 may be counted as a resident pupil for the purposes of this chapter 
5.22 	and chapters 120B, 122A, 123A, 123B, 124D, 125A, and 127A, even if the pupil has 
5.23 	graduated from high school or the equivalent. 

5.24 	Sec. 7. Minnesota Statutes 2008, section 126C.10, subdivision 2, is amended to read:
5.25 		Subd. 2.Basic revenue. The basic revenue for each district equals the formula 
5.26 	allowance times the adjusted marginal cost pupil units for the school year. The formula 
5.27 	allowance for fiscal year 2007 is $4,974. The formula allowance for fiscal year 2008 is 
5.28 	$5,074 and the formula allowance for fiscal year 2009 and subsequent years is $5,124
5.29 	$........

5.30 	EFFECTIVE DATE. This section is effective July 1, 2009.

5.31 	Sec. 8. Minnesota Statutes 2008, section 126C.15, subdivision 2, is amended to read:
5.32 		Subd. 2.Building allocation. (a) A district must allocate its compensatory 
5.33 	revenue to each school building in the district where the children who have generated the 
6.1 	revenue are served unless the school district has received permission under Laws 2005, 
6.2 	First Special Session chapter 5, article 1, section 50, to allocate compensatory revenue 
6.3 	according to student performance measures developed by the school board.
6.4 	(b) Notwithstanding paragraph (a), a district may allocate up to five percent of the 
6.5 	amount of compensatory revenue that the district receives to school sites according to a 
6.6 	plan adopted by the school board. The money reallocated under this paragraph must be 
6.7 	spent for the purposes listed in subdivision 1, but may be spent on students in any grade, 
6.8 	including students attending school readiness or other prekindergarten programs.
6.9 	(c) For the purposes of this section and section 126C.05, subdivision 3, "building" 
6.10 	means education site as defined in section 123B.04, subdivision 1.
6.11 	(d) If the pupil is served at a site other than one owned and operated by the district, 
6.12 	the revenue shall be paid to the district and used for services for pupils who generate 
6.13 	the revenue Notwithstanding section 123A. 26, subdivision 1, compensatory revenue 
6.14 	generated by students served at a cooperative unit shall be paid to the cooperative unit.
6.15 	(e) A district with school building openings, school building closings, changes 
6.16 	in attendance area boundaries, or other changes in programs or student demographics 
6.17 	between the prior year and the current year may reallocate compensatory revenue among 
6.18 	sites to reflect these changes. A district must report to the department any adjustments it 
6.19 	makes according to this paragraph and the department must use the adjusted compensatory 
6.20 	revenue allocations in preparing the report required under section 123B.76, subdivision 3, 
6.21 	paragraph (c).

6.22 	Sec. 9. Minnesota Statutes 2008, section 126C.15, subdivision 4, is amended to read:
6.23 		Subd. 4.Separate accounts. Each district and cooperative unit that receives basic 
6.24 	skills revenue shall maintain separate accounts to identify expenditures for salaries and 
6.25 	programs related to basic skills revenue.

6.26 	Sec. 10. Minnesota Statutes 2008, section 126C.40, subdivision 6, is amended to read:
6.27 		Subd. 6.Lease purchase; installment buys. (a) Upon application to, and approval 
6.28 	by, the commissioner in accordance with the procedures and limits in subdivision 1, 
6.29 	paragraphs (a) and (b), a district, as defined in this subdivision, may:
6.30 	(1) purchase real or personal property under an installment contract or may lease 
6.31 	real or personal property with an option to purchase under a lease purchase agreement, by 
6.32 	which installment contract or lease purchase agreement title is kept by the seller or vendor 
6.33 	or assigned to a third party as security for the purchase price, including interest, if any; and
7.1 	(2) annually levy the amounts necessary to pay the district's obligations under the 
7.2 	installment contract or lease purchase agreement.
7.3 	(b) The obligation created by the installment contract or the lease purchase 
7.4 	agreement must not be included in the calculation of net debt for purposes of section 
7.5 	475.53, and does not constitute debt under other law. An election is not required in 
7.6 	connection with the execution of the installment contract or the lease purchase agreement.
7.7 	(c) The proceeds of the levy authorized by this subdivision must not be used to 
7.8 	acquire a facility to be primarily used for athletic or school administration purposes.
7.9 	(d) For the purposes of this subdivision, "district" means:
7.10 	(1) a school district required to have a comprehensive plan for the elimination of 
7.11 	segregationwhich is eligible for revenue under section 124D.86, subdivision 3, clause (1), 
7.12 	(2), or (3), and whose plan has been determined by the commissioner to be in compliance 
7.13 	with Department of Education rules relating to equality of educational opportunity and 
7.14 	school desegregation and, for a district eligible for revenue under section 124D.86, 
7.15 	subdivision 3, clause (4) or (5), where the acquisition of property under this subdivision is 
7.16 	determined by the commissioner to contribute to the implementation of the desegregation 
7.17 	plan; or
7.18 	(2) a school district that participates in a joint program for interdistrict desegregation 
7.19 	with a district defined in clause (1) if the facility acquired under this subdivision is to 
7.20 	be primarily used for the joint program and the commissioner determines that the joint 
7.21 	programs are being undertaken to implement the districts' desegregation plan.
7.22 	(e) Notwithstanding subdivision 1, the prohibition against a levy by a district to lease 
7.23 	or rent a district-owned building to itself does not apply to levies otherwise authorized 
7.24 	by this subdivision.
7.25 	(f) For the purposes of this subdivision, any references in subdivision 1 to building 
7.26 	or land shall include personal property.

7.27 	Sec. 11. Minnesota Statutes 2008, section 127A.47, subdivision 7, is amended to read:
7.28 		Subd. 7.Alternative attendance programs. The general education aid and special 
7.29 	education aid for districts must be adjusted for each pupil attending a nonresident district 
7.30 	under sections 123A.05 to 123A.08, 124D.03, 124D.08, and 124D.68. The adjustments 
7.31 	must be made according to this subdivision.
7.32 	(a) General education aid paid to a resident district must be reduced by an amount 
7.33 	equal to the referendum equalization aid attributable to the pupil in the resident district.
7.34 	(b) General education aid paid to a district serving a pupil in programs listed in this 
7.35 	subdivision must be increased by an amount equal to the greater of (1) the referendum 
8.1 	equalization aid attributable to the pupil in the nonresident district; or (2) the product of 
8.2 	the district's open enrollment concentration index, the maximum amount of referendum 
8.3 	revenue in the first tier, and the district's net open enrollment pupil units for that year. A 
8.4 	district's open enrollment concentration index equals the greater of: (i) zero, or (ii) the 
8.5 	lesser of 1.0, or the difference between the district's ratio of open enrollment pupil units 
8.6 	served to its resident pupil units for that year and 0.2. This clause does not apply to a 
8.7 	school district where more than 50 percent of the open enrollment students are enrolled 
8.8 	solely in online learning courses.
8.9 	(c) If the amount of the reduction to be made from the general education aid of the 
8.10 	resident district is greater than the amount of general education aid otherwise due the 
8.11 	district, the excess reduction must be made from other state aids due the district.
8.12 	(d) For fiscal year 2006, the district of residence must pay tuition to a district or an 
8.13 	area learning center, operated according to paragraph (f), providing special instruction and 
8.14 	services to a pupil with a disability, as defined in section 125A.02, or a pupil, as defined in 
8.15 	section 125A.51, who is enrolled in a program listed in this subdivision. The tuition must 
8.16 	be equal to (1) the actual cost of providing special instruction and services to the pupil, 
8.17 	including a proportionate amount for special transportation and unreimbursed building 
8.18 	lease and debt service costs for facilities used primarily for special education, minus (2) 
8.19 	if the pupil receives special instruction and services outside the regular classroom for 
8.20 	more than 60 percent of the school day, the amount of general education revenue and 
8.21 	referendum aid attributable to that pupil for the portion of time the pupil receives special 
8.22 	instruction and services outside of the regular classroom, excluding portions attributable to 
8.23 	district and school administration, district support services, operations and maintenance, 
8.24 	capital expenditures, and pupil transportation, minus (3) special education aid attributable 
8.25 	to that pupil, that is received by the district providing special instruction and services. 
8.26 	For purposes of this paragraph, general education revenue and referendum equalization 
8.27 	aid attributable to a pupil must be calculated using the serving district's average general 
8.28 	education revenue and referendum equalization aid per adjusted pupil unit.
8.29 	(e) For fiscal year 2007 and later, special education aid paid to a resident district 
8.30 	must be reduced by an amount equal to (1) the actual cost of providing special instruction 
8.31 	and services, including special transportation and unreimbursed building lease and debt 
8.32 	service costs for facilities used primarily for special education, for a pupil with a disability, 
8.33 	as defined in section 125A.02, or a pupil, as defined in section 125A.51, who is enrolled 
8.34 	in a program listed in this subdivision, minus (2) if the pupil receives special instruction 
8.35 	and services outside the regular classroom for more than 60 percent of the school day, 
8.36 	the amount of general education revenue and referendum equalization aid attributable 
9.1 	to that pupil for the portion of time the pupil receives special instruction and services 
9.2 	outside of the regular classroom, excluding portions attributable to district and school 
9.3 	administration, district support services, operations and maintenance, capital expenditures, 
9.4 	and pupil transportation, minus (3) special education aid attributable to that pupil, that is 
9.5 	received by the district providing special instruction and services. For purposes of this 
9.6 	paragraph, general education revenue and referendum equalization aid attributable to a 
9.7 	pupil must be calculated using the serving district's average general education revenue 
9.8 	and referendum equalization aid per adjusted pupil unit. Special education aid paid to the 
9.9 	district or cooperative providing special instruction and services for the pupil, or to the 
9.10 	fiscal agent district for a cooperative, must be increased by the amount of the reduction 
9.11 	in the aid paid to the resident district. If the resident district's special education aid is 
9.12 	insufficient to make the full adjustment, the remaining adjustment shall be made to other 
9.13 	state aids due to the district.
9.14 	(f) An area learning center operated by a service cooperative, intermediate district, 
9.15 	education district, or a joint powers cooperative may elect through the action of the 
9.16 	constituent boards to charge the resident district tuition for pupils rather than to have the 
9.17 	general education revenue paid to a fiscal agent school district. Except as provided in 
9.18 	paragraph (d) or (e), the district of residence must pay tuition equal to at least 90 percent of 
9.19 	the district average general education revenue per pupil unit minus an amount equal to the 
9.20 	product of the formula allowance according to section 126C.10, subdivision 2, times .0485, 
9.21 	calculated without basic skills compensatory revenue and transportation sparsity revenue, 
9.22 	times the number of pupil units for pupils attending the area learning center, plus the 
9.23 	amount of compensatory revenue generated by pupils attending the area learning center.

9.24 	ARTICLE 2
9.25 	EDUCATION EXCELLENCE

9.26 	Section 1. Minnesota Statutes 2008, section 120B.022, subdivision 1, is amended to 
9.27 	read:
9.28 		Subdivision 1.Elective standards. (a) A district must establish its own standards in 
9.29 	the following subject areas:
9.30 	(1) vocational and technical education; and
9.31 	(2) world languages.
9.32 	A school district must offer courses in all elective subject areas.
9.33 	(b) World languages teachers and other school staff should develop and implement 
9.34 	world languages programs that acknowledge and reinforce the language proficiency and 
9.35 	cultural awareness that non-English language speakers already possess, and encourage 
10.1 	students' proficiency in multiple world languages. Programs under this paragraph must 
10.2 	encompass indigenous American Indian languages and cultures, among other world 
10.3 	languages and cultures. The department shall consult with postsecondary institutions in 
10.4 	developing related professional development opportunities.
10.5 	(c) Any Minnesota public, charter, or nonpublic school may award Minnesota 
10.6 	World Language Proficiency Certificates or Minnesota World Language Proficiency High 
10.7 	Achievement Certificates, consistent with this subdivision.
10.8 	The Minnesota World Language Proficiency Certificate recognizes students who 
10.9 	demonstrate listening, speaking, reading, and writing language skills at the American 
10.10 	Council on the Teaching of Foreign Languages' Intermediate-Low level on a valid and 
10.11 	reliable assessment tool. For languages listed as Category 3 by the United States Foreign 
10.12 	Service Institute or Category 4 by the United States Defense Language Institute, the 
10.13 	standard is Intermediate-Low for listening and speaking and Novice-High for reading 
10.14 	and writing.
10.15 	The Minnesota World Language Proficiency High Achievement Certificate 
10.16 	recognizes students who demonstrate listening, speaking, reading, and writing language 
10.17 	skills at the American Council on the Teaching of Foreign Languages' Pre-Advanced level 
10.18 	for K-12 learners on a valid and reliable assessment tool. For languages listed as Category 
10.19 	3 by the United States Foreign Service Institute or Category 4 by the United States 
10.20 	Defense Language Institute, the standard is Pre-Advanced for listening and speaking and 
10.21 	Intermediate-Mid for reading and writing.

10.22 	Sec. 2. Minnesota Statutes 2008, section 120B.024, is amended to read:
10.23 	120B.024 GRADUATION REQUIREMENTS; COURSE CREDITS.
10.24 	(a) Students beginning 9th grade in the 2004-2005 school year and later must 
10.25 	successfully complete the following high school level course credits for graduation:
10.26 	(1) four credits of language arts;
10.27 	(2) three credits of mathematics, encompassing at least algebra, geometry, statistics, 
10.28 	and probability sufficient to satisfy the academic standard;
10.29 	(3) three credits of science, including at least one credit in biology;
10.30 	(4) three and one-half credits of social studies, encompassing at least United 
10.31 	States history, geography, government and citizenship, world history, and economics or 
10.32 	three credits of social studies encompassing at least United States history, geography, 
10.33 	government and citizenship, and world history, and one-half credit of economics taught in 
10.34 	a school's social studies, agriculture education, or business department;
10.35 	(5) one credit in the arts; and
11.1 	(6) a minimum of seven elective course credits.
11.2 	A course credit is equivalent to a student successfully completing an academic 
11.3 	year of study or a student mastering the applicable subject matter of the state academic 
11.4 	standards or local academic standards where state standards do not apply, as determined 
11.5 	by the local school district.
11.6 	(b) An agriculture science course may fulfill a science credit requirement in addition 
11.7 	to the specified science credits in biology and chemistry or physics under paragraph (a), 
11.8 	clause (3).
11.9 	(c) A career and technical education course may fulfill a science, mathematics, or 
11.10 	arts credit requirement in addition to the specified science, mathematics, or arts credits 
11.11 	under paragraph (a), clause (2), (3), or (5).

11.12 	EFFECTIVE DATE. This section is effective August 1, 2012, and applies to 
11.13 	students entering grade 9 in the 2012-2013 school year and later.

11.14 	Sec. 3. [120B.0245] EDUCATIONAL INNOVATION.
11.15 	(a) A school district must use five percent of the increased basic revenue it 
11.16 	receives each year to implement evidence-based innovation premised on research-based 
11.17 	curriculum, instruction, and other education measures and practices that are known to 
11.18 	improve academic performance for diverse groups of students. To this end, the school 
11.19 	district must develop and implement a comprehensive plan to narrow and eliminate 
11.20 	differences in student academic achievement in reading, math, and science based on 
11.21 	student measures of mobility, attendance, race and ethnicity, gender, English language 
11.22 	learner status, eligibility for free or reduced price lunch, and special education. A school 
11.23 	district must file its plan with the commissioner that describes how the district proposes 
11.24 	to use its innovation revenue to supplement state reading requirements under section 
11.25 	120B.12, subdivision 1, and state math and science requirements under section 120B.023, 
11.26 	subdivision 2, paragraphs (b) and (d), and improve student outcomes. The plan must 
11.27 	identify specific education goals and the indicators to demonstrate progress toward 
11.28 	achieving those goals. Once the commissioner approves the district's plan, the district 
11.29 	must spend its innovation revenue consistent with that plan.
11.30 	(b) A district under paragraph (a) must:
11.31 	(1) pursue specific education goals premised on (i) efficient use of resources, (ii) 
11.32 	performance incentives for educators that take into account variables in educational 
11.33 	performance, and (iii) continuous adaptation of best teaching practices;
11.34 	(2) show how evidence-based practices, efficient use of resources, and data-informed 
11.35 	evaluations enable the district to achieve its goals under clause (1); and
12.1 	(3) use the district's measures under clause (2) to demonstrate to the commissioner 
12.2 	the amount of progress the district achieved toward realizing its goals.

12.3 	EFFECTIVE DATE. This section is effective for the 2014-2015 school year and 
12.4 	later.

12.5 	Sec. 4. Minnesota Statutes 2008, section 120B.13, subdivision 1, is amended to read:
12.6 		Subdivision 1.Program structure; training programs for teachers. (a) The 
12.7 	advanced placement and international baccalaureate programs are well-established 
12.8 	academic programs for mature, academically directed high school students. These 
12.9 	programs, in addition to providing academic rigor, offer sound curricular design, 
12.10 	accountability, comprehensive external assessment, feedback to students and teachers, 
12.11 	and the opportunity for high school students to compete academically on a global level. 
12.12 	Advanced placement and international baccalaureate programs allow students to leave 
12.13 	high school with the academic skills and self-confidence to succeed in college and 
12.14 	beyond. The advanced placement and international baccalaureate programs help provide 
12.15 	Minnesota students with world-class educational opportunity.
12.16 	(b) Critical to schools' educational success is ongoing advanced 
12.17 	placement/international baccalaureate-approved teacher training. A secondary teacher 
12.18 	assigned by a district to teach an advanced placement or international baccalaureate course 
12.19 	or other interested educator may participate in a training program offered by The College 
12.20 	Board or International Baccalaureate North America, Inc. The state may pay a portion 
12.21 	of the tuition, room, board, and out-of-state travel costs a teacher or other interested 
12.22 	educator incurs in participating in a training program. The commissioner shall determine 
12.23 	application procedures and deadlines, select teachers and other interested educators to 
12.24 	participate in the training program, and determine the payment process and amount of the 
12.25 	subsidy. The procedures determined by the commissioner shall, to the extent possible, 
12.26 	ensure that advanced placement and international baccalaureate courses become available 
12.27 	in all parts of the state and that a variety of course offerings are available in school districts. 
12.28 	This subdivision does not prevent teacher or other interested educator participation in 
12.29 	training programs offered by The College Board or International Baccalaureate North 
12.30 	America, Inc., when tuition is paid by a source other than the state.
12.31 	(c) The commissioner may award state-funded competitive grants designed to create 
12.32 	advanced placement summer training institutes for secondary teachers. Two-year grants, 
12.33 	beginning and ending on October 1, may be awarded to Minnesota institutions of higher 
12.34 	education that comply with the training requirements outlined by the College Board. The 
12.35 	commissioner shall determine award criteria and the selection process.

13.1 	Sec. 5. [120B.299] DEFINITIONS.
13.2 		Subdivision 1.Definitions. The definitions in this section apply to this chapter.
13.3 		Subd. 2.Adequate yearly progress. A school or district makes "adequate yearly 
13.4 	progress" if, for every student subgroup under the federal 2001 No Child Left Behind 
13.5 	Act in the school or district, its proficiency index or other approved adjustments for 
13.6 	performance, based on statewide assessment scores, meets or exceeds federal expectations. 
13.7 	To make adequate yearly progress, the school or district also must satisfy applicable 
13.8 	federal requirements related to student attendance, graduation, and test participation rates.
13.9 		Subd. 3.Growth. "Growth" compares the difference in a student's achievement 
13.10 	score at two or more distinct points in time.
13.11 		Subd. 4.Growth and progress toward proficiency. The categories of low growth, 
13.12 	medium growth, and high growth shall be used to indicate both growth and progress 
13.13 	toward grade-level proficiency that is consistent with subdivision 8.
13.14 		Subd. 5.High growth. "High growth" is an assessment score one-half standard 
13.15 	deviation or more above the state growth target.
13.16 		Subd. 6.Low growth. "Low growth" is an assessment score one-half standard 
13.17 	deviation below the state growth target.
13.18 		Subd. 7.Medium growth. "Medium growth" is an assessment score within one-half 
13.19 	standard deviation above or below the state growth target.
13.20 		Subd. 8.Proficiency. "Proficiency" for purposes of reporting growth on school 
13.21 	performance report cards under section 120B.36, subdivision 1, means those students 
13.22 	who, in the previous school year, scored at or above "meets standards" on the statewide 
13.23 	assessments under section 120B.30. Each year, school performance report cards must 
13.24 	separately display: (1) the numbers and percentages of students who achieved low growth, 
13.25 	medium growth, and high growth and achieved proficiency in the previous school year; 
13.26 	and (2) the numbers and percentages of students who achieved low growth, medium 
13.27 	growth, and high growth and did not achieve proficiency in the previous school year.
13.28 		Subd. 9.State growth target. (a) "State growth target" is the average year-two 
13.29 	assessment scores for students with similar year-one assessment scores.
13.30 	(b) The state growth targets for each grade and subject are benchmarked as follows 
13.31 	until the assessment scale changes:
13.32 	(1) beginning in the 2008-2009 school year, the state growth target for grades 3 to 8 
13.33 	is benchmarked to 2006-2007 and 2007-2008 school year data;
13.34 	(2) beginning in the 2008-2009 school year the state growth target for grade 10 is 
13.35 	benchmarked to 2005-2006 and 2006-2007 school year data;
14.1 	(3) for the 2008-2009 school year, the state growth target for grade 11 is 
14.2 	benchmarked to 2005-2006 school year data; and
14.3 	(4) beginning in the 2009-2010 school year, the state growth target for grade 11 is 
14.4 	benchmarked to 2005-2006 and 2006-2007 school year data.
14.5 	(c) Each time before the assessment scale changes, a stakeholder group that includes 
14.6 	assessment and evaluation directors and staff and researchers must recommend a new 
14.7 	state growth target that the commissioner must consider when revising standards under 
14.8 	section 120B.023, subdivision 2. 
14.9 		Subd. 10.Value added. "Value added" is the amount of achievement a student 
14.10 	demonstrates above an established baseline. The difference between the student's score 
14.11 	and the baseline defines value added.
14.12 		Subd. 11.Value-added growth. "Value-added growth" is based on a student's 
14.13 	growth score. In a value-added growth system, the student's first test is the baseline, and 
14.14 	the difference between the student's first and next test scores within a defined period is the 
14.15 	measure of value added. Value-added growth models use student-level data to measure 
14.16 	what portion of a student's growth can be explained by inputs related to the educational 
14.17 	environment.

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

14.19 	Sec. 6. Minnesota Statutes 2008, section 120B.30, is amended to read:
14.20 	120B.30 STATEWIDE TESTING AND REPORTING SYSTEM.
14.21 		Subdivision 1.Statewide testing.  (a) The commissioner, with advice from experts 
14.22 	with appropriate technical qualifications and experience and stakeholders, consistent with 
14.23 	subdivision 1a, shall include in the comprehensive assessment system, for each grade 
14.24 	level to be tested, state-constructed tests developed from and to be computer-adaptive 
14.25 	reading and mathematics assessments for general education students that are aligned with 
14.26 	the state's required academic standards under section 120B.021, include both multiple 
14.27 	choice and constructed response questions, and are administered annually to all students 
14.28 	in grades 3 through 8 and at the high school level. A State-developed testhigh school 
14.29 	tests aligned with the state's required academic standards under section 120B.021 and 
14.30 	administered to all high school students in a subject other than writing, developed after 
14.31 	the 2002-2003 school year, must include both machine-scoreable multiple choice and 
14.32 	constructed response questions. The commissioner shall establish one or more months 
14.33 	during which schools shall administer the tests to students each school year. Schools 
14.34 	that the commissioner identifies for stand-alone field testing or other national sampling 
15.1 	must participate as directed. Superintendents or charter school directors may appeal in 
15.2 	writing to the commissioner for an exemption from a field test based on undue hardship. 
15.3 	The commissioner's decision regarding the appeal is final. For students enrolled in 
15.4 	grade 8 before the 2005-2006 school year, only Minnesota basic skills tests in reading, 
15.5 	mathematics, and writing shall fulfill students' basic skills testing requirements for a 
15.6 	passing state notation. The passing scores of basic skills tests in reading and mathematics 
15.7 	are the equivalent of 75 percent correct for students entering grade 9 in 1997 and 
15.8 	thereafter, as based on the first uniform test administration of administered in February 
15.9 	1998. Students who have not successfully passed a Minnesota basic skills test by the end 
15.10 	of the 2011-2012 school year must pass the graduation-required assessments for diploma 
15.11 	under paragraph (b).
15.12 	(b) For students enrolled in grade 8 in the 2005-2006 school year and later, only the 
15.13 	following options shall fulfill students' state graduation test requirements:
15.14 	(1) for reading and mathematics:
15.15 	(i) obtaining an achievement level equivalent to or greater than proficient as 
15.16 	determined through a standard setting process on the Minnesota comprehensive 
15.17 	assessments in grade 10 for reading and grade 11 for mathematics or achieving a passing 
15.18 	score as determined through a standard setting process on the graduation-required 
15.19 	assessment for diploma in grade 10 for reading and grade 11 for mathematics or 
15.20 	subsequent retests;
15.21 	(ii) achieving a passing score as determined through a standard setting process on the 
15.22 	state-identified language proficiency test in reading and the mathematics test for English 
15.23 	language learners or the graduation-required assessment for diploma equivalent of those 
15.24 	assessments for students designated as English language learners;
15.25 	(iii) achieving an individual passing score on the graduation-required assessment 
15.26 	for diploma as determined by appropriate state guidelines for students with an individual 
15.27 	education plan or 504 plan;
15.28 	(iv) obtaining achievement level equivalent to or greater than proficient as 
15.29 	determined through a standard setting process on the state-identified alternate assessment 
15.30 	or assessments in grade 10 for reading and grade 11 for mathematics for students with 
15.31 	an individual education plan; or
15.32 	(v) achieving an individual passing score on the state-identified alternate assessment 
15.33 	or assessments as determined by appropriate state guidelines for students with an 
15.34 	individual education plan; and
15.35 	(2) for writing:
15.36 	(i) achieving a passing score on the graduation-required assessment for diploma;
16.1 	(ii) achieving a passing score as determined through a standard setting process on 
16.2 	the state-identified language proficiency test in writing for students designated as English 
16.3 	language learners;
16.4 	(iii) achieving an individual passing score on the graduation-required assessment 
16.5 	for diploma as determined by appropriate state guidelines for students with an individual 
16.6 	education plan or 504 plan; or
16.7 	(iv) achieving an individual passing score on the state-identified alternate assessment 
16.8 	or assessments as determined by appropriate state guidelines for students with an 
16.9 	individual education plan.
16.10 	(c) Students enrolled in grade 8 in any school year from the 2005-2006 school 
16.11 	year to the 2009-2010 school year who do not pass the mathematics graduation-required 
16.12 	assessment for diploma under paragraph (b) are eligible to receive a high school diploma 
16.13 	with a passing state notation if they:
16.14 	(1) complete with a passing score or grade all state and local coursework and credits 
16.15 	required for graduation by the school board granting the students their diploma;
16.16 	(2) participate in district-prescribed academic remediation in mathematics; and
16.17 	(3) fully participate in at least two retest attempts after the initial spring 
16.18 	administration of the mathematics graduation-required assessment for diploma or until 
16.19 	they pass the mathematics graduation-required assessment for diploma, whichever 
16.20 	comes first. A school board issuing a student a high school diploma in any school year 
16.21 	from the 2009-2010 school year through the 2013-2014 school year must record on the 
16.22 	student's high school transcript the student's score on the mathematics graduation-required 
16.23 	assessments for diploma under this subdivision.
16.24 	In addition, the school board granting the students their diplomas may formally 
16.25 	decide to include a notation of high achievement on the high school diplomas of those 
16.26 	graduating seniors who, according to established school board criteria, demonstrate 
16.27 	exemplary academic achievement during high school.
16.28 	(d) The 3rd through 8th grade computer-adaptive assessments and high school level
16.29 	test results shall be available to districts for diagnostic purposes affecting student learning 
16.30 	and district instruction and curriculum, and for establishing educational accountability. 
16.31 	The commissioner must disseminate to the public the computer-adaptive assessments and 
16.32 	high school test results upon receiving those results.
16.33 	(d) State (e) The 3rd through 8th grade computer-adaptive assessments and 
16.34 	high school tests must be constructed and aligned with state academic standards. The
16.35 	commissioner shall determine the testing process and the order of administration shall be 
17.1 	determined by the commissioner. The statewide results shall be aggregated at the site and 
17.2 	district level, consistent with subdivision 1a.
17.3 	(e) (f) In addition to the testing and reporting requirements under this section, the 
17.4 	commissioner shall include the following components in the statewide public reporting 
17.5 	system:
17.6 	(1) uniform statewide testing of all students in grades 3 through 8 and at the high 
17.7 	school level that provides appropriate, technically sound accommodations, or alternate 
17.8 	assessments, or exemptions consistent with applicable federal law, only with parent or 
17.9 	guardian approval, for those very few students for whom the student's individual education 
17.10 	plan team under sections 125A.05 and 125A.06 determines that the general statewide test 
17.11 	is inappropriate for a student, or for a limited English proficiency student under section 
17.12 	124D.59, subdivision 2;
17.13 	(2) educational indicators that can be aggregated and compared across school 
17.14 	districts and across time on a statewide basis, including average daily attendance, high 
17.15 	school graduation rates, and high school drop-out rates by age and grade level;
17.16 	(3) state results on the American College Test; and
17.17 	(4) state results from participation in the National Assessment of Educational 
17.18 	Progress so that the state can benchmark its performance against the nation and other 
17.19 	states, and, where possible, against other countries, and contribute to the national effort 
17.20 	to monitor achievement.
17.21 		Subd. 1a.Statewide and local assessments; results. (a) For purposes of this 
17.22 	section, the following definitions have the meanings given them.
17.23 	"Above-grade level" test items contain subject area content that is above the grade 
17.24 	level of the student taking the assessment and are considered aligned with state academic 
17.25 	standards to the extent they are aligned with content represented in state academic 
17.26 	standards above the grade level of the student taking the assessment. Notwithstanding 
17.27 	the student's grade level, administering above-grade level test items to a student does not 
17.28 	violate the requirement that state assessments must be aligned with state standards.
17.29 	"Below-grade level" test items contain subject area content that is below the grade 
17.30 	level of the student taking the test and are considered aligned with state academic standards 
17.31 	to the extent they are aligned with content represented in state academic standards below 
17.32 	the student's current grade level. Notwithstanding the student's grade level, administering 
17.33 	below-grade level test items to a student does not violate the requirement that state 
17.34 	assessments must be aligned with state standards.
17.35 	"Computer-adaptive assessments" means fully adaptive assessments or partially 
17.36 	adaptive assessments.
18.1 	"Fully adaptive assessments" include test items that are on-grade level and items that 
18.2 	may be above or below a student's grade level.
18.3 	"On-grade level" test items contain subject area content that is aligned to state 
18.4 	academic standards for the grade level of the student taking the assessment.
18.5 	"Partially adaptive assessments" include two portions of test items, where one 
18.6 	portion is limited to on-grade level test items and a second portion includes test items that 
18.7 	are on-grade level or above or below a student's grade level.
18.8 	(b) The commissioner must use fully adaptive assessments to the extent no net loss 
18.9 	of federal and state funds occurs as a result of using these assessments. If a net loss of 
18.10 	federal and state funds were to occur under this subdivision, then the commissioner must 
18.11 	use partially adaptive assessments to meet existing federal educational accountability 
18.12 	requirements.
18.13 	(c) For purposes of conforming with existing federal educational accountability 
18.14 	requirements, the commissioner must develop implement computer-adaptive reading,
18.15 	and mathematics, and science assessments for grades 3 through 8, state-developed 
18.16 	high school reading and mathematics tests aligned with state academic standards, and 
18.17 	science assessments under clause (2) that districts and sites must use to monitor student 
18.18 	growth toward achieving those standards. The commissioner must not develop statewide 
18.19 	assessments for academic standards in social studies, health and physical education, and 
18.20 	the arts. The commissioner must require:
18.21 	(1) annual computer-adaptive reading and mathematics assessments in grades 3 
18.22 	through 8, and at the high school level for the 2005-2006 school year and later high school 
18.23 	reading and mathematics tests; and
18.24 	(2) annual science assessments in one grade in the grades 3 through 5 span, the 
18.25 	grades 6 through 98 span, and a life sciences assessment in the grades 109 through 12 
18.26 	span for the 2007-2008 school year and later, and the commissioner must not require 
18.27 	students to achieve a passing score on high school science assessments as a condition of 
18.28 	receiving a high school diploma.
18.29 	The commissioner must ensure that for annual computer-adaptive assessments:
18.30 	(i) individual student performance data and achievement and summary reports are 
18.31 	available within three school days of when students take an assessment;
18.32 	(ii) growth information is available for each student from the student's first 
18.33 	assessment to each proximate assessment using a constant measurement scale;
18.34 	(iii) parents, teachers, and school administrators are able to use elementary and 
18.35 	middle school student performance data to project student achievement in high school; and
19.1 	(iv) useful diagnostic information about areas of students' academic strengths and 
19.2 	weaknesses is available to teachers and school administrators for purposes of improving 
19.3 	student instruction and indicating the specific skills and concepts that should be introduced 
19.4 	and developed for students at given score levels, organized by strands within subject 
19.5 	areas, and linked to state academic standards.
19.6 	When contracting for computer-adaptive assessments under this section, the 
19.7 	commissioner must give priority to contracting with providers able to offer school districts 
19.8 	an option of providing supplementary, locally financed formative assessments that align 
19.9 	with state academic standards.
19.10 	(b) (d) The commissioner must ensure that all statewide tests administered to 
19.11 	elementary and secondary students measure students' academic knowledge and skills and 
19.12 	not students' values, attitudes, and beliefs.
19.13 	(c) (e) Reporting of assessment results must:
19.14 	(1) provide timely, useful, and understandable information on the performance of 
19.15 	individual students, schools, school districts, and the state;
19.16 	(2) include, by no later than the 2008-2009 school year, a value-added component 
19.17 	that is in addition to a measure for student achievement growth over time growth indicator 
19.18 	of student achievement under section 120B.35, subdivision 3, paragraph (b); and
19.19 	(3)(i) for students enrolled in grade 8 before the 2005-2006 school year, determine 
19.20 	whether students have met the state's basic skills requirements; and
19.21 	(ii) for students enrolled in grade 8 in the 2005-2006 school year and later, determine 
19.22 	whether students have met the state's academic standards.
19.23 	(d) (f) Consistent with applicable federal law and subdivision 1, paragraph (d), 
19.24 	clause (1), the commissioner must include appropriate, technically sound accommodations 
19.25 	or alternative assessments for the very few students with disabilities for whom statewide 
19.26 	assessments are inappropriate and for students with limited English proficiency.
19.27 	(e) (g) A school, school district, and charter school must administer statewide 
19.28 	assessments under this section, as the assessments become available, to evaluate student 
19.29 	progress in achieving the proficiency in the context of the state's grade level academic 
19.30 	standards. If a state assessment is not available, a school, school district, and charter 
19.31 	school must determine locally if a student has met the required academic standards. A 
19.32 	school, school district, or charter school may use a student's performance on a statewide 
19.33 	assessment as one of multiple criteria to determine grade promotion or retention. A 
19.34 	school, school district, or charter school may use a high school student's performance on a 
19.35 	statewide assessment as a percentage of the student's final grade in a course, or place a 
19.36 	student's assessment score on the student's transcript.
20.1 	(h) Annually by February 1, the commissioners of education and finance must certify 
20.2 	to the education policy and finance committees of the legislature that the assessments 
20.3 	required under this section have been implemented so as to:
20.4 	(1) satisfy the requirements of this section at the lowest combined total cost to 
20.5 	the state and local schools and school districts in terms of test development and local 
20.6 	technology infrastructure; and
20.7 	(2) eliminate duplicative testing.
20.8 		Subd. 2.Department of Education assistance. The Department of Education 
20.9 	shall contract for professional and technical services according to competitive bidding 
20.10 	procedures under chapter 16C for purposes of this section.
20.11 		Subd. 3.Reporting. The commissioner shall report test data publicly and to 
20.12 	stakeholders, including the performance achievement levels developed from students' 
20.13 	unweighted test scores in each tested subject and a listing of demographic factors that 
20.14 	strongly correlate with student performance. The commissioner shall also report data that 
20.15 	compares performance results among school sites, school districts, Minnesota and other 
20.16 	states, and Minnesota and other nations. The commissioner shall disseminate to schools 
20.17 	and school districts a more comprehensive report containing testing information that 
20.18 	meets local needs for evaluating instruction and curriculum.
20.19 		Subd. 4.Access to tests. The commissioner must adopt and publish a policy 
20.20 	to provide public and parental access for review of basic skills tests, Minnesota 
20.21 	Comprehensive Assessments, or any other such statewide test and assessment. Upon 
20.22 	receiving a written request, the commissioner must make available to parents or guardians 
20.23 	a copy of their student's actual responses to the test questions to be reviewed by the 
20.24 	parent for their review.

20.25 	EFFECTIVE DATE. This section is effective the day following final enactment. 
20.26 	Subdivision 1, paragraph (c), applies to the 2009-2010 through 2013-2014 school years 
20.27 	only. Notwithstanding any other law to the contrary, requirements related to the math 
20.28 	graduation-required assessment for diploma under this section are repealed June 30, 
20.29 	2014, and the commissioner of education must not implement any alternative to the 
20.30 	math graduation-required assessment for diploma without specific legislative authority. 
20.31 	Computer-adaptive test requirements apply to the 2010-2011 school year and later.

20.32 	Sec. 7. Minnesota Statutes 2008, section 120B.31, is amended to read:
20.33 	120B.31 SYSTEM ACCOUNTABILITY AND STATISTICAL 
20.34 	ADJUSTMENTS.
21.1 		Subdivision 1.Educational accountability and public reporting. Consistent 
21.2 	with the process direction to adopt a results-oriented graduation rule statewide academic 
21.3 	standards under section 120B.02, the department, in consultation with education and 
21.4 	other system stakeholders, must establish a coordinated and comprehensive system of 
21.5 	educational accountability and public reporting that promotes higher greater academic 
21.6 	achievement, preparation for higher academic education, preparation for the world of 
21.7 	work, citizenship under sections 120B.021, subdivision 1, clause (4), and 120B.024, 
21.8 	paragraph (a), clause (4), and the arts. 
21.9 		Subd. 2.Statewide testing. Each school year, all school districts shall give a 
21.10 	uniform statewide test to students at specified grades to provide information on the status, 
21.11 	needs and performance of Minnesota students.
21.12 		Subd. 3.Educational accountability. (a) The Independent Office of Educational 
21.13 	Accountability, as authorized by Laws 1997, First Special Session chapter 4, article 5, 
21.14 	section 28, subdivision 2, is established, and shall be funded through the Board of Regents 
21.15 	of the University of Minnesota. The office shall advise the education committees of the 
21.16 	legislature and the commissioner of education, at least on a biennial basis, on:
21.17 	(1) the degree to which the statewide educational accountability and reporting system 
21.18 	includes a comprehensive assessment framework that measures school accountability 
21.19 	for students achieving the goals described in the state's results-oriented high school
21.20 	graduation rule;
21.21 	(2) the completeness, integrity, and use of the information provided by the statewide 
21.22 	educational accountability and reporting system in the context of enabling legislators and 
21.23 	other stakeholders to make fully informed education policy decisions consistent with the 
21.24 	best and most current academic research available; and
21.25 	(3) the impact the statewide educational accountability and reporting system has on 
21.26 	prekindergarten through grade 12 education policy, effectiveness, resource distribution, 
21.27 	and structure. 
21.28 	(b) The office shall determine and annually report to the legislature whether and 
21.29 	how effectively: 
21.30 	(1) the statewide system of educational accountability utilizes uses multiple 
21.31 	indicators to provide valid and reliable comparative and contextual data on students, 
21.32 	schools, districts, and the state, and if not, recommend ways to improve the accountability 
21.33 	reporting system;
21.34 	(2) the commissioner makes statistical adjustments when reporting student data over 
21.35 	time, consistent with clause (4);
22.1 	(3) the commissioner uses indicators of student achievement growth a value-added 
22.2 	growth indicator of student achievement over time and a value-added assessment model 
22.3 	that estimates the effects of the school and school district on student achievement to 
22.4 	measure and measures school performance, consistent with section 120B.36, subdivision 
22.5 	1 120B.35, subdivision 3, paragraph (b);
22.6 	(4) the commissioner makes (3) data are available on students who do not pass one 
22.7 	or more of the state's required GRAD tests and do not receive a diploma as a consequence, 
22.8 	and categorizes these data are categorized according to gender, race, eligibility for free 
22.9 	or reduced lunch, and English language proficiency; and
22.10 	(5) the commissioner fulfills (4) the requirements under section 127A.095, 
22.11 	subdivision 2, are met.
22.12 	(b) (c) When the office reviews the statewide educational accountability and 
22.13 	reporting system, it shall also consider:
22.14 	(1) the objectivity and neutrality of the state's educational accountability system; and
22.15 	(2) the impact of a testing program on school curriculum and student learning.
22.16 		Subd. 4.Statistical adjustments; student performance data. In developing 
22.17 	policies and assessment processes to hold schools and districts accountable for high 
22.18 	levels of academic standards under section 120B.021, the commissioner shall aggregate 
22.19 	student data over time to report student performance and growth levels measured at the 
22.20 	school, school district, regional, or and statewide level. When collecting and reporting 
22.21 	the performance data, the commissioner shall: (1) acknowledge the impact of significant 
22.22 	demographic factors such as residential instability, the number of single parent families, 
22.23 	parents' level of education, and parents' income level on school outcomes; and (2) 
22.24 	organize and report the data so that state and local policy makers can understand the 
22.25 	educational implications of changes in districts' demographic profiles over time. Any 
22.26 	report the commissioner disseminates containing summary data on student performance 
22.27 	must integrate student performance and the demographic factors that strongly correlate 
22.28 	with that performance.

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

22.30 	Sec. 8. Minnesota Statutes 2008, section 120B.35, is amended to read:
22.31 	120B.35 STUDENT ACADEMIC ACHIEVEMENT AND PROGRESS
22.32 	GROWTH.
22.33 		Subdivision 1.Adequate yearly progress of schools and students School and 
22.34 	student indicators of growth and achievement. The commissioner must develop and 
23.1 	implement a system for measuring and reporting academic achievement and individual 
23.2 	student progress growth, consistent with the statewide educational accountability and 
23.3 	reporting system. The system components of the system must measure and separately 
23.4 	report the adequate yearly progress of schools and the growth of individual students: 
23.5 	students' current achievement in schools under subdivision 2; and individual students' 
23.6 	educational progress growth over time under subdivision 3. The system also must include 
23.7 	statewide measures of student academic achievement growth that identify schools with 
23.8 	high levels of achievement growth, and also schools with low levels of achievement
23.9 	growth that need improvement. When determining a school's effect, the data must 
23.10 	include both statewide measures of student achievement and, to the extent annual tests 
23.11 	are administered, indicators of achievement growth that take into account a student's 
23.12 	prior achievement. Indicators of achievement and prior achievement must be based on 
23.13 	highly reliable statewide or districtwide assessments. Indicators that take into account a 
23.14 	student's prior achievement must not be used to disregard a school's low achievement or to 
23.15 	exclude a school from a program to improve low achievement levels. The commissioner 
23.16 	by January 15, 2002, must submit a plan for integrating these components to the chairs of 
23.17 	the legislative committees having policy and budgetary responsibilities for elementary 
23.18 	and secondary education.
23.19 		Subd. 2.Federal expectations for student academic achievement. (a) Each school 
23.20 	year, a school district must determine if the student achievement levels at each school site 
23.21 	meet state and local federal expectations. If student achievement levels at a school site do 
23.22 	not meet state and local federal expectations and the site has not made adequate yearly 
23.23 	progress for two consecutive school years, beginning with the 2001-2002 school year, 
23.24 	the district must work with the school site to adopt a plan to raise student achievement 
23.25 	levels to meet state and local federal expectations. The commissioner of education shall 
23.26 	establish student academic achievement levels to comply with this paragraph.
23.27 	(b) School sites identified as not meeting federal expectations must develop 
23.28 	continuous improvement plans in order to meet state and local federal expectations for 
23.29 	student academic achievement. The department, at a district's request, must assist the 
23.30 	district and the school site in developing a plan to improve student achievement. The plan 
23.31 	must include parental involvement components.
23.32 	(c) The commissioner must:
23.33 	(1) provide assistance to assist school sites and districts identified as not meeting 
23.34 	federal expectations; and
24.1 	(2) provide technical assistance to schools that integrate student progress
24.2 	achievement measures under subdivision 3 in into the school continuous improvement 
24.3 	plan.
24.4 	(d) The commissioner shall establish and maintain a continuous improvement Web 
24.5 	site designed to make data on every school and district available to parents, teachers, 
24.6 	administrators, community members, and the general public.
24.7 		Subd. 3.Student progress assessment State growth target; other state measures.
 24.8 	(a) The state's educational assessment system component measuring individual students' 
24.9 	educational progress must be growth is based, to the extent annual tests are administered,
24.10 	on indicators of achievement growth that show an individual student's prior achievement. 
24.11 	Indicators of achievement and prior achievement must be based on highly reliable 
24.12 	statewide or districtwide assessments.
24.13 	(b) The commissioner, in consultation with a stakeholder group that includes 
24.14 	assessment and evaluation directors and staff and researchers must identify effective 
24.15 	models for measuring individual student progress that enable a school district or school 
24.16 	site to perform gains-based analysis, including evaluating the effects of the teacher, 
24.17 	school, and school district on student achievement over time. At least one model must 
24.18 	be a "value-added" assessment model that reliably estimates those effects for classroom 
24.19 	settings where a single teacher teaches multiple subjects to the same group of students, for 
24.20 	team teaching arrangements, and for other teaching circumstances. implement a model 
24.21 	that uses a value-added growth indicator and includes criteria for identifying schools 
24.22 	and school districts that demonstrate medium and high growth under section 120B.299, 
24.23 	subdivisions 5 and 7, and may recommend other value-added measures under section 
24.24 	120B.299, subdivision 10. The model may be used to advance educators' professional 
24.25 	development and replicate programs that succeed in meeting students' diverse learning 
24.26 	needs. Data on individual teachers generated under the model are personnel data under 
24.27 	section 13.43. The model must allow users to:
24.28 	(1) report student growth consistent with this paragraph; and
24.29 	(2) for all student categories, report and compare aggregated and disaggregated state 
24.30 	growth data using the nine student categories identified under the federal 2001 No Child 
24.31 	Left Behind Act and two student gender categories of male and female, respectively, 
24.32 	following appropriate reporting practices to protect nonpublic student data.
24.33 	The commissioner must report separate measures of student growth and proficiency, 
24.34 	consistent with this paragraph.
24.35 	(c) If a district has an accountability plan that includes gains-based analysis or 
24.36 	"value-added" assessment, the commissioner shall, to the extent practicable, incorporate 
25.1 	those measures in determining whether the district or school site meets expectations. The 
25.2 	department must coordinate with the district in evaluating school sites and continuous 
25.3 	improvement plans, consistent with best practices. When reporting student performance 
25.4 	under section 120B.36, subdivision 1, the commissioner annually, beginning July 1, 
25.5 	2011, must report two core measures indicating the extent to which current high school 
25.6 	graduates are being prepared for postsecondary academic and career opportunities:
25.7 	(1) a preparation measure indicating the number and percentage of high school 
25.8 	graduates in the most recent school year who completed course work important to 
25.9 	preparing them for postsecondary academic and career opportunities, consistent with 
25.10 	the core academic subjects required for admission to Minnesota's public colleges and 
25.11 	universities as determined by the Office of Higher Education under chapter 136A; and
25.12 	(2) a rigorous coursework measure indicating the number and percentage of high 
25.13 	school graduates in the most recent school year who successfully completed one or more 
25.14 	college-level advanced placement, international baccalaureate, postsecondary enrollment 
25.15 	options including concurrent enrollment, other rigorous courses of study under section 
25.16 	120B.021, subdivision 1a, or industry certification courses or programs.
25.17 	When reporting the core measures under clauses (1) and (2), the commissioner must also 
25.18 	analyze and report separate categories of information using the nine student categories 
25.19 	identified under the federal 2001 No Child Left Behind Act and two student gender 
25.20 	categories of male and female, respectively following appropriate reporting practices to 
25.21 	protect nonpublic student data.
25.22 	(d) When reporting student performance under section 120B.36, subdivision 1, the 
25.23 	commissioner annually, beginning July 1, 2013, must report summary data on school 
25.24 	safety and students' engagement and connection at school. The summary data under this 
25.25 	paragraph are separate from and must not be used for any purpose related to measuring 
25.26 	or evaluating the performance of classroom teachers. The commissioner, in consultation 
25.27 	with qualified experts on student engagement and connection and classroom teachers, 
25.28 	must identify highly reliable variables that generate summary data under this paragraph. 
25.29 	The summary data may be used at school, district, and state levels only. Any data on 
25.30 	individuals received, collected, or created that are used to generate the summary data 
25.31 	under this paragraph are nonpublic data under section 13.02, subdivision 9.
25.32 		Subd. 4.Improving schools. Consistent with the requirements of this section, 
25.33 	beginning June 20, 2012, the commissioner of education must establish a second 
25.34 	achievement benchmark to identify improving schools. The commissioner must 
25.35 	recommend to annually report to the public and the legislature by February 15, 2002, 
25.36 	indicators in addition to the achievement benchmark for identifying improving schools, 
26.1 	including an indicator requiring a school to demonstrate ongoing successful use of best 
26.2 	teaching practices the organizational and curricular practices implemented in those schools 
26.3 	that demonstrate medium and high growth compared to the state growth target.
26.4 		Subd. 5.Improving graduation rates for students with emotional or behavioral 
26.5 	disorders. (a) A district must develop strategies in conjunction with parents of students 
26.6 	with emotional or behavioral disorders and the county board responsible for implementing 
26.7 	sections 245.487 to 245.4889 to keep students with emotional or behavioral disorders in 
26.8 	school, when the district has a drop-out rate for students with an emotional or behavioral 
26.9 	disorder in grades 9 through 12 exceeding 25 percent. 
26.10 	(b) A district must develop a plan in conjunction with parents of students with 
26.11 	emotional or behavioral disorders and the local mental health authority to increase the 
26.12 	graduation rates of students with emotional or behavioral disorders. A district with a 
26.13 	drop-out rate for children with an emotional or behavioral disturbance in grades 9 through 
26.14 	12 that is in the top 25 percent of all districts shall submit a plan for review and oversight 
26.15 	to the commissioner.

26.16 	EFFECTIVE DATE. Subdivision 3, paragraph (b), applies to students in the 
26.17 	2008-2009 school year and later. Subdivision 3, paragraph (c), applies to students in the 
26.18 	2010-2011 school year and later. Subdivision 3, paragraph (d), applies to data that are 
26.19 	collected in the 2010-2011 school year and later and reported annually beginning July 1, 
26.20 	2013, consistent with advice the commissioner receives from recognized and qualified 
26.21 	experts on student engagement and connection and classroom teachers. Subdivision 4 
26.22 	applies in the 2011-2012 school year and later.

26.23 	Sec. 9. Minnesota Statutes 2008, section 120B.36, is amended to read:
26.24 	120B.36 SCHOOL ACCOUNTABILITY; APPEALS PROCESS.
26.25 		Subdivision 1.School performance report cards. (a) The commissioner shall use 
26.26 	objective criteria based on levels of student performance to report at least student academic 
26.27 	performance under section 120B.35, subdivision 2, the percentages of students showing 
26.28 	low, medium, and high growth under section 120B.35, subdivision 3, paragraph (b), 
26.29 	school safety and student engagement and connection under section 120B.35, subdivision 
26.30 	3, paragraph (d), rigorous coursework under section 120B.35, subdivision 3, paragraph 
26.31 	(c), two separate student-to-teacher ratios that clearly indicate the definition of teacher 
26.32 	consistent with sections 122A.06 and 122A.15 for purposes of determining these ratios, 
26.33 	and staff characteristics excluding salaries, with a value-added component added no later 
26.34 	than the 2008-2009 school year student enrollment demographics, district mobility, and 
27.1 	extracurricular activities. The report also must indicate a school's adequate yearly progress 
27.2 	status, and must not set any designations applicable to high- and low-performing schools 
27.3 	due solely to adequate yearly progress status.
27.4 	(b) The commissioner shall develop, annually update, and post on the department 
27.5 	Web site school performance report cards. 
27.6 	(c) The commissioner must make available the first performance report cards by 
27.7 	November 2003, and during the beginning of each school year thereafter.
27.8 	(d) A school or district may appeal its adequate yearly progress status in writing to 
27.9 	the commissioner within 30 days of receiving the notice of its status. The commissioner's 
27.10 	decision to uphold or deny an appeal is final.
27.11 	(e) School performance report cards card data are nonpublic data under section 
27.12 	13.02, subdivision 9, until not later than ten days after the appeal procedure described in 
27.13 	paragraph (d) concludes. The department shall annually post school performance report 
27.14 	cards to its public Web site no later than September 1. 
27.15 		Subd. 2.Adequate yearly progress and other data. All data the department 
27.16 	receives, collects, or creates for purposes of determining to determine adequate yearly 
27.17 	progress designations status under Public Law 107-110, section 1116, set state growth 
27.18 	targets, and determine student growth are nonpublic data under section 13.02, subdivision 
27.19 	9, until not later than ten days after the appeal procedure described in subdivision 1, 
27.20 	paragraph (d), concludes. Districts must provide parents sufficiently detailed summary 
27.21 	data to permit parents to appeal under Public Law 107-110, section 1116(b)(2). The 
27.22 	department shall annually post federal adequate yearly progress data and state student 
27.23 	growth data to its public Web site no later than September 1. 

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

27.25 	Sec. 10. Minnesota Statutes 2008, section 121A.15, subdivision 8, is amended to read:
27.26 		Subd. 8.Report. The administrator or other person having general control and 
27.27 	supervision of the elementary or secondary school shall file a report with the commissioner 
27.28 	on all persons enrolled in the school. The superintendent of each district shall file a report 
27.29 	with the commissioner for all persons within the district receiving instruction in a home 
27.30 	school in compliance with sections 120A.22 and 120A.24. The parent of persons receiving 
27.31 	instruction in a home school shall submit the statements as required by subdivisions 1, 2, 
27.32 	3, and 4 to the superintendent of the district in which the person resides by October 1 of 
27.33 	each school year the first year of their homeschooling and the 7th grade year. The school 
27.34 	report must be prepared on forms developed jointly by the commissioner of health and the 
27.35 	commissioner of education and be distributed to the local districts by the commissioner 
28.1 	of health. The school report must state the number of persons attending the school, the 
28.2 	number of persons who have not been immunized according to subdivision 1 or 2, and 
28.3 	the number of persons who received an exemption under subdivision 3, clause (c) or (d). 
28.4 	The school report must be filed with the commissioner of education within 60 days of the 
28.5 	commencement of each new school term. Upon request, a district must be given a 60-day 
28.6 	extension for filing the school report. The commissioner of education shall forward the 
28.7 	report, or a copy thereof, to the commissioner of health who shall provide summary 
28.8 	reports to boards of health as defined in section 145A.02, subdivision 2. The administrator 
28.9 	or other person having general control and supervision of the child care facility shall file a 
28.10 	report with the commissioner of human services on all persons enrolled in the child care 
28.11 	facility. The child care facility report must be prepared on forms developed jointly by 
28.12 	the commissioner of health and the commissioner of human services and be distributed 
28.13 	to child care facilities by the commissioner of health. The child care facility report 
28.14 	must state the number of persons enrolled in the facility, the number of persons with no 
28.15 	immunizations, the number of persons who received an exemption under subdivision 3, 
28.16 	clause (c) or (d), and the number of persons with partial or full immunization histories. 
28.17 	The child care facility report must be filed with the commissioner of human services by 
28.18 	November 1 of each year. The commissioner of human services shall forward the report, 
28.19 	or a copy thereof, to the commissioner of health who shall provide summary reports to 
28.20 	boards of health as defined in section 145A.02, subdivision 2. The report required by this 
28.21 	subdivision is not required of a family child care or group family child care facility, for 
28.22 	prekindergarten children enrolled in any elementary or secondary school provided services 
28.23 	according to sections 125A.05 and 125A.06, nor for child care facilities in which at least 
28.24 	75 percent of children in the facility participate on a onetime only or occasional basis to a 
28.25 	maximum of 45 hours per child, per month. 

28.26 	Sec. 11. Minnesota Statutes 2008, section 122A.07, subdivision 2, is amended to read:
28.27 		Subd. 2.Eligibility; board composition. Except for the representatives of higher 
28.28 	education and the public, to be eligible for appointment to the Board of Teaching a person 
28.29 	must be a teacher currently teaching in a Minnesota school and fully licensed for the 
28.30 	position held and have at least five years teaching experience in Minnesota, including the 
28.31 	two years immediately preceding nomination and appointment. Each nominee, other than 
28.32 	a public nominee, must be selected on the basis of professional experience and knowledge 
28.33 	of teacher education, accreditation, and licensure. The board must be composed of:
29.1 	(1) six teachers who are currently teaching in a Minnesota school or who were 
29.2 	teaching at the time of the appointment, at least four of whom must be teaching in a 
29.3 	public school;
29.4 	(2) one higher education representative, who must be a faculty member preparing 
29.5 	teachers;
29.6 	(3) one school administrator; and
29.7 	(4) three members of the public, two of whom must be present or former members 
29.8 	of school boards.

29.9 	Sec. 12. Minnesota Statutes 2008, section 122A.07, subdivision 3, is amended to read:
29.10 		Subd. 3.Vacant position. With the exception of a teacher who retires from teaching 
29.11 	during the course of completing a board term, the position of a member who leaves 
29.12 	Minnesota or whose employment status changes to a category different from that from 
29.13 	which appointed is deemed vacant.

29.14 	Sec. 13. Minnesota Statutes 2008, section 122A.18, subdivision 4, is amended to read:
29.15 		Subd. 4.Expiration and renewal. (a) Each license the Department of Education 
29.16 	issues through its licensing section must bear the date of issue. Licenses must expire 
29.17 	and be renewed according to the respective rules the Board of Teaching, the Board 
29.18 	of School Administrators, or the commissioner of education adopts. Requirements for 
29.19 	renewing a license must include showing satisfactory evidence of successful teaching or 
29.20 	administrative experience for at least one school year during the period covered by the 
29.21 	license in grades or subjects for which the license is valid or completing such additional 
29.22 	preparation as the Board of Teaching prescribes. The Board of School Administrators 
29.23 	shall establish requirements for renewing the licenses of supervisory personnel except 
29.24 	athletic coaches. The State Board of Teaching shall establish requirements for renewing 
29.25 	the licenses of athletic coaches.
29.26 	(b) Relicensure applicants, as a condition of relicensure, must present to their 
29.27 	local continuing education and relicensure committee or other local relicensure 
29.28 	committee evidence of work that demonstrates professional reflection and growth in best 
29.29 	teaching practices. The applicant must include a reflective statement of professional 
29.30 	accomplishment and the applicant's own assessment of professional growth showing 
29.31 	evidence of:
29.32 	(1) support for student learning;
29.33 	(2) use of best practices techniques and their applications to student learning;
30.1 	(3) collaborative work with colleagues that includes examples of collegiality such as 
30.2 	attested-to committee work, collaborative staff development programs, and professional 
30.3 	learning community work; or
30.4 	(4) continual professional development that may include job-embedded or other 
30.5 	ongoing formal professional learning during the relicensure period.
30.6 	The Board of Teaching must ensure that its teacher relicensing requirements also include 
30.7 	this paragraph.
30.8 	(b) (c) The Board of Teaching shall offer alternative continuing relicensure options 
30.9 	for teachers who are accepted into and complete the National Board for Professional 
30.10 	Teaching Standards certification process, and offer additional continuing relicensure 
30.11 	options for teachers who earn National Board for Professional Teaching Standards 
30.12 	certification. Continuing relicensure requirements for teachers who do not maintain 
30.13 	National Board for Professional Teaching Standards certification are those the board 
30.14 	prescribes, consistent with this section.

30.15 	EFFECTIVE DATE. This section is effective the day following final enactment 
30.16 	and applies to licensees seeking relicensure beginning July 1, 2012.

30.17 	Sec. 14. Minnesota Statutes 2008, section 122A.40, subdivision 6, is amended to read:
30.18 		Subd. 6.Peer review Mentoring for probationary teachers. A school board and 
30.19 	an exclusive representative of the teachers in the district must develop a probationary 
30.20 	teacher peer review process through joint agreement. The process may include having 
30.21 	trained observers serve as mentors or coaches or having teachers participate in professional 
30.22 	learning communities.

30.23 	EFFECTIVE DATE. This section is effective for the 2009-2010 school year and 
30.24 	later.

30.25 	Sec. 15. Minnesota Statutes 2008, section 122A.40, subdivision 8, is amended to read:
30.26 		Subd. 8.Peer review coaching for continuing contract teachers. A school board 
30.27 	and an exclusive representative of the teachers in the district shall develop a peer review 
30.28 	process for continuing contract teachers through joint agreement. The process may 
30.29 	include having trained observers serve as peer coaches or having teachers participate in 
30.30 	professional learning communities.

30.31 	EFFECTIVE DATE. This section is effective for the 2009-2010 school year and 
30.32 	later.

31.1 	Sec. 16. Minnesota Statutes 2008, section 122A.41, subdivision 3, is amended to read:
31.2 		Subd. 3.Peer review Mentoring for probationary teachers. A board and an 
31.3 	exclusive representative of the teachers in the district must develop a probationary teacher 
31.4 	peer review process through joint agreement. The process may include having trained 
31.5 	observers serve as mentors or coaches or having teachers participate in professional 
31.6 	learning communities.

31.7 	EFFECTIVE DATE. This section is effective for the 2009-2010 school year and 
31.8 	later.

31.9 	Sec. 17. Minnesota Statutes 2008, section 122A.41, subdivision 5, is amended to read:
31.10 		Subd. 5.Peer review coaching for continuing contract teachers. A school 
31.11 	board and an exclusive representative of the teachers in the district must develop a peer 
31.12 	review process for nonprobationary teachers through joint agreement. The process may 
31.13 	include having trained observers serve as peer coaches or having teachers participate in 
31.14 	professional learning communities.

31.15 	EFFECTIVE DATE. This section is effective for the 2009-2010 school year and 
31.16 	later.

31.17 	Sec. 18. Minnesota Statutes 2008, section 122A.413, subdivision 2, is amended to read:
31.18 		Subd. 2.Plan components. The educational improvement plan must be approved 
31.19 	by the school board and have at least these elements:
31.20 	(1) assessment and evaluation tools to measure student performance and progress;
31.21 	(2) performance goals and benchmarks for improvement;
31.22 	(3) measures of student attendance and completion rates;
31.23 	(4) a rigorous research and practice-based professional development system, based 
31.24 	on national and state standards of effective teaching practice and consistent with section 
31.25 	122A.60, that is aligned with educational improvement, and designed to achieve ongoing 
31.26 	and schoolwide progress and growth in teaching quality improvement, and consistent with 
31.27 	clearly defined research-based standards practice;
31.28 	(5) measures of student, family, and community involvement and satisfaction;
31.29 	(6) a data system about students and their academic progress that provides parents 
31.30 	and the public with understandable information;
31.31 	(7) a teacher induction and mentoring program for probationary teachers that 
31.32 	provides continuous learning and sustained teacher support; and
32.1 	(8) substantial participation by the exclusive representative of the teachers in 
32.2 	developing the plan.

32.3 	EFFECTIVE DATE. This section is effective the day following final enactment 
32.4 	and applies to plans developed in the 2009-2010 school year and later.

32.5 	Sec. 19. Minnesota Statutes 2008, section 122A.414, subdivision 2, is amended to read:
32.6 		Subd. 2.Alternative teacher professional pay system. (a) To participate in this 
32.7 	program, a school district, intermediate school district, school site, or charter school must 
32.8 	have an educational improvement plan under section 122A.413 and an alternative teacher 
32.9 	professional pay system agreement under paragraph (b). A charter school participant also 
32.10 	must comply with subdivision 2a.
32.11 	(b) The alternative teacher professional pay system agreement must:
32.12 	(1) describe how teachers can achieve career advancement and additional 
32.13 	compensation;
32.14 	(2) describe how the school district, intermediate school district, school site, or 
32.15 	charter school will provide teachers with career advancement options that allow teachers 
32.16 	to retain primary roles in student instruction and facilitate site-focused professional 
32.17 	development that helps other teachers improve their skills;
32.18 	(3) reform the "steps and lanes" salary schedule, prevent any teacher's compensation 
32.19 	paid before implementing the pay system from being reduced as a result of participating 
32.20 	in this system, and base at least 60 percent of any compensation increase on teacher 
32.21 	performance using:
32.22 	(i) schoolwide student achievement gains under section 120B.35 or locally selected 
32.23 	standardized assessment outcomes, or both;
32.24 	(ii) measures of student achievement; and
32.25 	(iii) an objective evaluation program and evidence of effective practice that includes:
32.26 	(A) individual teacher evaluations aligned with the educational improvement plan 
32.27 	under section 122A.413 and the staff development plan under section 122A.60; and
32.28 	(B) objective evaluations using multiple criteria conducted by a locally selected and 
32.29 	periodically trained evaluation team that understands teaching and learning reflection and 
32.30 	growth in best teaching practices shown through support for student learning, collaborative 
32.31 	work with colleagues, or continual professional learning, consistent with section 122A.18, 
32.32 	subdivision 4, paragraph (b), clauses (1) to (3);
32.33 	(4) provide integrated ongoing site-based professional development activities to 
32.34 	improve instructional skills and learning that are aligned with student needs under section 
32.35 	122A.413, consistent with the staff development plan under section 122A.60 and led 
33.1 	during the school day by trained teacher leaders such as master or mentor teachers or 
33.2 	peer coaches;
33.3 	(5) allow any teacher in a participating school district, intermediate school district, 
33.4 	school site, or charter school that implements an alternative pay system to participate in 
33.5 	that system without any quota or other limit; and
33.6 	(6) encourage collaboration rather than competition among teachers.

33.7 	EFFECTIVE DATE. This section is effective the day following final enactment 
33.8 	and applies to all alternative teacher professional pay system agreements entered into or 
33.9 	modified after that date.

33.10 	Sec. 20. Minnesota Statutes 2008, section 122A.414, subdivision 2b, is amended to 
33.11 	read:
33.12 		Subd. 2b.Approval process. (a) Consistent with the requirements of this section 
33.13 	and sections 122A.413 and 122A.415, the department must prepare and transmit to 
33.14 	interested school districts, intermediate school districts, school sites, and charter schools 
33.15 	a standard form for applying to participate in the alternative teacher professional pay 
33.16 	system. The commissioner annually must establish three dates as deadlines by which 
33.17 	interested applicants must submit an application to the commissioner under this section. 
33.18 	An interested school district, intermediate school district, school site, or charter school 
33.19 	must submit to the commissioner a completed application executed by the district 
33.20 	superintendent and the exclusive bargaining representative of the teachers if the applicant 
33.21 	is a school district, intermediate school district, or school site, or executed by the charter 
33.22 	school board of directors if the applicant is a charter school. The application must include 
33.23 	the proposed alternative teacher professional pay system agreement under subdivision 
33.24 	2. The department must convene a review committee that at least includes teachers 
33.25 	and administrators a completed application within 30 days of receiving a completed 
33.26 	application to the most recent application deadline and recommend to the commissioner 
33.27 	whether to approve or disapprove the application. The commissioner must approve 
33.28 	applications on a first-come, first-served basis. The applicant's alternative teacher 
33.29 	professional pay system agreement must be legally binding on the applicant and the 
33.30 	collective bargaining representative before the applicant receives alternative compensation 
33.31 	revenue. The commissioner must approve or disapprove an application based on the 
33.32 	requirements under subdivisions 2 and 2a.
33.33 	(b) If the commissioner disapproves an application, the commissioner must give the 
33.34 	applicant timely notice of the specific reasons in detail for disapproving the application. 
33.35 	The applicant may revise and resubmit its application and related documents to the 
34.1 	commissioner within 30 days of receiving notice of the commissioner's disapproval and 
34.2 	the commissioner must approve or disapprove the revised application, consistent with this 
34.3 	subdivision. Applications that are revised and then approved are considered submitted on 
34.4 	the date the applicant initially submitted the application.

34.5 	EFFECTIVE DATE. This section is effective the day following final enactment 
34.6 	and applies to all applications submitted after that date.

34.7 	Sec. 21. Minnesota Statutes 2008, section 122A.60, subdivision 2, is amended to read:
34.8 		Subd. 2.Contents of the plan. The plan must include the staff development 
34.9 	outcomes under subdivision 3, the means to achieve the outcomes, and procedures for 
34.10 	evaluating progress at each school site toward meeting education outcomes., consistent 
34.11 	with relicensure requirements under section 122A.18, subdivision 2, paragraph (b). The 
34.12 	plan also must:
34.13 	(1) support stable and productive professional communities achieved through 
34.14 	ongoing and schoolwide progress and growth in teaching practice;
34.15 	(2) emphasize coaching, professional learning communities, classroom action 
34.16 	research, and other job-embedded models;
34.17 	(3) maintain a strong subject matter focus premised on students' learning goals;
34.18 	(4) ensure specialized preparation and learning about issues related to teaching 
34.19 	students with special needs and limited English proficiency; and
34.20 	(5) reinforce national and state standards of effective teaching practice.

34.21 	EFFECTIVE DATE. This section is effective for the 2009-2010 school year and 
34.22 	later.

34.23 	Sec. 22. Minnesota Statutes 2008, section 123A.05, is amended to read:
34.24 	123A.05 AREA LEARNING CENTER STATE-APPROVED ALTERNATIVE 
34.25 	PROGRAM ORGANIZATION.
34.26 		Subdivision 1.Governance. (a) A district may establish an area learning center 
34.27 	either by itself or in cooperation with other districts, alternative learning program, or 
34.28 	contract alternative in accordance with sections 124D.68, subdivision 3, paragraph (d), 
34.29 	and 124D.69.
34.30 	(b) An area learning center is encouraged to cooperate with a service cooperative, an 
34.31 	intermediate school district, a local education and employment transitions partnership, 
34.32 	public and private secondary and postsecondary institutions, public agencies, businesses, 
34.33 	and foundations. Except for a district located in a city of the first class, a an area 
35.1 	learning center must be established in cooperation with other districts and must serve 
35.2 	the geographic area of at least two districts. An area learning center must provide 
35.3 	comprehensive educational services to enrolled secondary students throughout the year, 
35.4 	including a daytime school within a school or separate site for both high school and 
35.5 	middle school level students.
35.6 	(c) An alternative learning program may serve the students of one or more districts, 
35.7 	may designate which grades are served, and may make program hours and a calendar 
35.8 	optional.
35.9 	(d) A contract alternative is an alternative learning program operated by a private 
35.10 	organization that has contracted with a school district to provide educational services for 
35.11 	students under section 124D.68, subdivision 2.
35.12 		Subd. 2.Reserve revenue. Each district that is a member of an area learning center 
35.13 	or alternative learning program must reserve revenue in an amount equal to the sum of (1) 
35.14 	at least 90 percent of the district average general education revenue per pupil unit minus 
35.15 	an amount equal to the product of the formula allowance according to section 126C.10, 
35.16 	subdivision 2, times .0485, calculated without basic skills revenue and transportation 
35.17 	sparsity revenue, times the number of pupil units attending an area learning center or 
35.18 	alternative learning program under this section, plus (2) the amount of basic skills revenue 
35.19 	generated by pupils attending the area learning center or alternative learning program. The 
35.20 	amount of reserved revenue under this subdivision may only be spent on program costs 
35.21 	associated with the area learning center or alternative learning program.
35.22 		Subd. 3.Access to services. A center state-approved alternative program shall have 
35.23 	access to the district's regular education programs, special education programs, technology 
35.24 	facilities, and staff. It may contract with individuals or postsecondary institutions. It shall 
35.25 	seek the involvement of community education programs, postsecondary institutions, 
35.26 	interagency collaboratives, culturally based organizations, mutual assistance associations, 
35.27 	and other community resources, businesses, and other federal, state, and local public 
35.28 	agencies.
35.29 		Subd. 4.Nonresident pupils. A pupil who does not reside in the district may 
35.30 	attend a center state-approved alternative program without consent of the school board of 
35.31 	the district of residence.

35.32 	Sec. 23. Minnesota Statutes 2008, section 123A.06, is amended to read:
35.33 	123A.06 CENTER STATE-APPROVED ALTERNATIVE PROGRAMS AND 
35.34 	SERVICES.
36.1 		Subdivision 1.Program focus. (a) The programs and services of a center
36.2 	state-approved alternative program must focus on academic and learning skills, applied 
36.3 	learning opportunities, trade and vocational skills, work-based learning opportunities, 
36.4 	work experience, youth service to the community, transition services, and English 
36.5 	language and literacy programs for children whose primary language is a language other 
36.6 	than English. Applied learning, work-based learning, and service learning may best be 
36.7 	developed in collaboration with a local education and transitions partnership, culturally 
36.8 	based organizations, mutual assistance associations, or other community resources. 
36.9 	In addition to offering programs, the center state-approved alternative program shall 
36.10 	coordinate the use of other available educational services, special education services, 
36.11 	social services, health services, and postsecondary institutions in the community and 
36.12 	services area.
36.13 	(b) Consistent with the requirements of sections 121A.40 to 121A.56, a school 
36.14 	district may provide an alternative education program for a student who is within the 
36.15 	compulsory attendance age under section 120A.20, and who is involved in severe or 
36.16 	repeated disciplinary action. 
36.17 		Subd. 2.People to be served. A center state-approved alternative program shall 
36.18 	provide programs for secondary pupils and adults. A center may also provide programs 
36.19 	and services for elementary and secondary pupils who are not attending the center
36.20 	state-approved alternative program to assist them in being successful in school. A center 
36.21 	shall use research-based best practices for serving limited English proficient students and 
36.22 	their parents. An individual education plan team may identify a center state-approved 
36.23 	alternative program as an appropriate placement to the extent a center state-approved 
36.24 	alternative program can provide the student with the appropriate special education services 
36.25 	described in the student's plan. Pupils eligible to be served are those who qualify under 
36.26 	the graduation incentives program in section 124D.68, subdivision 2, those enrolled 
36.27 	under section 124D.02, subdivision 2, or those pupils who are eligible to receive special 
36.28 	education services under sections 125A.03 to 125A.24, and 125A.65. 
36.29 		Subd. 3.Hours of instruction exemption. Notwithstanding any law to the contrary, 
36.30 	the area learning center programs must be available throughout the entire year. A center 
36.31 	may petition the state board under Minnesota Rules, part 3500.1000, for exemption from 
36.32 	other rules.
36.33 		Subd. 4.Granting a diploma. Upon successful completion of the area learning 
36.34 	center program, a pupil is entitled to receive a high school diploma. The pupil may elect 
36.35 	to receive a diploma from either the district of residence or the district in which the area 
36.36 	learning center is located.

37.1 	Sec. 24. Minnesota Statutes 2008, section 123A.08, is amended to read:
37.2 	123A.08 CENTER STATE-APPROVED ALTERNATIVE PROGRAM
37.3 	FUNDING.
37.4 		Subdivision 1.Outside sources for resources and services. A center
37.5 	state-approved alternative program may accept:
37.6 	(1) resources and services from postsecondary institutions serving center
37.7 	state-approved alternative program pupils;
37.8 	(2) resources from Job Training Partnership Workforce Investment Act programs, 
37.9 	including funding for jobs skills training for various groups and the percentage reserved 
37.10 	for education;
37.11 	(3) resources from the Department of Human Services and county welfare funding;
37.12 	(4) resources from a local education and employment transitions partnership; or
37.13 	(5) private resources, foundation grants, gifts, corporate contributions, and other 
37.14 	grants.
37.15 		Subd. 2.General education aid. Payment of general education aid for nonresident 
37.16 	pupils enrolled in the center area learning centers and alternative learning programs must 
37.17 	be made according to section 127A.47, subdivision 7.
37.18 		Subd. 3.Special education revenue. Payment of special education revenue for 
37.19 	nonresident pupils enrolled in the center state-approved alternative program must be made 
37.20 	according to section 125A.15 127A.47, subdivision 7.

37.21 	Sec. 25. Minnesota Statutes 2008, section 123B.03, subdivision 1, is amended to read:
37.22 		Subdivision 1.Background check required. (a) A school hiring authority shall 
37.23 	request a criminal history background check from the superintendent of the Bureau of 
37.24 	Criminal Apprehension on all individuals who are offered employment in a school and 
37.25 	on all individuals, except enrolled student volunteers, who are offered the opportunity to 
37.26 	provide athletic coaching services or other extracurricular academic coaching services 
37.27 	to a school, regardless of whether any compensation is paid. In order for an individual 
37.28 	to be eligible for employment or to provide the services, the individual must provide an 
37.29 	executed criminal history consent form and a money order or check payable to either the 
37.30 	Bureau of Criminal Apprehension or the school hiring authority, at the discretion of the 
37.31 	school hiring authority, in an amount equal to the actual cost to the Bureau of Criminal 
37.32 	Apprehension and the school district of conducting the criminal history background 
37.33 	check. A school hiring authority deciding to receive payment may, at its discretion, accept 
37.34 	payment in the form of a negotiable instrument other than a money order or check and 
37.35 	shall pay the superintendent of the Bureau of Criminal Apprehension directly to conduct 
38.1 	the background check. The superintendent of the Bureau of Criminal Apprehension shall 
38.2 	conduct the background check by retrieving criminal history data maintained in the 
38.3 	criminal justice information system computers. A school hiring authority, at its discretion, 
38.4 	may decide not to request a criminal history background check on an individual who holds 
38.5 	an initial entrance license issued by the State Board of Teaching or the commissioner of 
38.6 	education within the 12 months preceding an offer of employment.
38.7 	(b) A school hiring authority may use the results of a criminal background check 
38.8 	conducted at the request of another school hiring authority if:
38.9 	(1) the results of the criminal background check are on file with the other school 
38.10 	hiring authority or otherwise accessible;
38.11 	(2) the other school hiring authority conducted a criminal background check within 
38.12 	the previous 12 months;
38.13 	(3) the individual who is the subject of the criminal background check executes a 
38.14 	written consent form giving a school hiring authority access to the results of the check; and
38.15 	(4) there is no reason to believe that the individual has committed an act subsequent 
38.16 	to the check that would disqualify the individual for employment.
38.17 	(c) A school hiring authority may, at its discretion, request a criminal history 
38.18 	background check from the superintendent of the Bureau of Criminal Apprehension on 
38.19 	any individual who seeks to enter a school or its grounds for the purpose of serving as a 
38.20 	school volunteer or working as an independent contractor or student employee. In order 
38.21 	for an individual to enter a school or its grounds under this paragraph when the school 
38.22 	hiring authority decides to request a criminal history background check on the individual, 
38.23 	the individual first must provide an executed criminal history consent form and a money 
38.24 	order, check, or other negotiable instrument payable to the school district in an amount 
38.25 	equal to the actual cost to the Bureau of Criminal Apprehension and the school district 
38.26 	of conducting the criminal history background check. Notwithstanding section 299C.62, 
38.27 	subdivision 1, the cost of the criminal history background check under this paragraph is 
38.28 	the responsibility of the individual A school hiring authority may decide to pay the cost of 
38.29 	conducting a background check under this paragraph, in which case the individual who is 
38.30 	the subject of the background check need not pay for the background check.
38.31 	(d) For all nonstate residents who are offered employment in a school, a school 
38.32 	hiring authority shall request a criminal history background check on such individuals 
38.33 	from the superintendent of the Bureau of Criminal Apprehension and from the government 
38.34 	agency performing the same function in the resident state or, if no government entity 
38.35 	performs the same function in the resident state, from the Federal Bureau of Investigation. 
38.36 	Such individuals must provide an executed criminal history consent form and a money 
39.1 	order, check, or other negotiable instrument payable to the school hiring authority in an 
39.2 	amount equal to the actual cost to the government agencies and the school district of 
39.3 	conducting the criminal history background check. Notwithstanding section 299C.62, 
39.4 	subdivision 1, the cost of the criminal history background check under this paragraph is 
39.5 	the responsibility of the individual.
39.6 	(e) At the beginning of each school year or when a student enrolls, a school hiring 
39.7 	authority must notify parents and guardians about the school hiring authority's policy 
39.8 	requiring a criminal history background check on employees and other individuals who 
39.9 	provide services to the school, and identify those positions subject to a background check 
39.10 	and the extent of the hiring authority's discretion in requiring a background check. The 
39.11 	school hiring authority may include the notice in the student handbook, a school policy 
39.12 	guide, or other similar communication. Nothing in this paragraph affects a school hiring 
39.13 	authority's ability to request a criminal history background check on an individual under 
39.14 	paragraph (c).

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

39.16 	Sec. 26. Minnesota Statutes 2008, section 123B.51, is amended by adding a 
39.17 	subdivision to read:
39.18 		Subd. 5a.Temporary closing. A school district that proposes to temporarily close a 
39.19 	schoolhouse or that intends to lease the facility to another entity for use as a schoolhouse 
39.20 	for three or fewer years is not subject to subdivision 5 if the school board holds a public 
39.21 	meeting and allows public comment on the schoolhouse's future.

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

39.23 	Sec. 27. Minnesota Statutes 2008, section 124D.095, subdivision 2, is amended to read:
39.24 		Subd. 2.Definitions. For purposes of this section, the following terms have the 
39.25 	meanings given them.
39.26 	(a) "Online learning" is an interactive course or program that delivers instruction 
39.27 	from a teacher to a student by computer; is combined with other traditional delivery 
39.28 	methods that include frequent student assessment and may include actual teacher contact 
39.29 	time; and meets or exceeds state academic standards.
39.30 	(b) "Online learning provider" is a school district, an intermediate school district, an 
39.31 	organization of two or more school districts operating under a joint powers agreement, or 
39.32 	a charter school located in Minnesota that provides online learning to students.
40.1 	(c) "Student" is a Minnesota resident enrolled in a school under section 120A.22, 
40.2 	subdivision 4, in kindergarten through grade 12.
40.3 	(d) "Online learning student" is a student enrolled in an online learning course or 
40.4 	program delivered by an online provider under paragraph (b).
40.5 	(e) "Enrolling district" means the school district or charter school in which a student 
40.6 	is enrolled under section 120A.22, subdivision 4, for purposes of compulsory attendance.
40.7 	(f) "Supplemental online learning" means an online course taken in place of a course 
40.8 	period during the regular school day at a local district school.
40.9 	(g) "Full-time online provider" means an enrolling school authorized by the 
40.10 	department to deliver comprehensive public education at any or all of the elementary, 
40.11 	middle, or high school levels.
40.12 	(h) "Online course syllabus" is a written document that an online learning provider 
40.13 	makes available to the enrolling district using a format prescribed by the commissioner to 
40.14 	identify the state academic standards embedded in an online course, the course content 
40.15 	outline, required course assessments, expectations for actual teacher contact time and 
40.16 	other student-to-teacher communications, and academic support available to the online 
40.17 	learning student.

40.18 	Sec. 28. Minnesota Statutes 2008, section 124D.095, subdivision 3, is amended to read:
40.19 		Subd. 3.Authorization; notice; limitations on enrollment. (a) A student may 
40.20 	apply for full-time enrollment in an approved online learning program under section 
40.21 	124D.03, 124D.08 or 124D.10, or for supplemental online learning. Notwithstanding 
40.22 	sections 124D.03, 124D.08, and 124D.10, procedures for enrolling in supplemental online 
40.23 	learning shall be as provided in this subdivision. A student age 17 or younger must 
40.24 	have the written consent of a parent or guardian to apply. No school district or charter 
40.25 	school may prohibit a student from applying to enroll in online learning. In order that a 
40.26 	student may enroll in online learning, the student and the student's parents must submit an 
40.27 	application to the online learning provider and identify the reason for enrolling in online 
40.28 	learning. The online learning provider that accepts a student under this section must within 
40.29 	ten days notify the student and the enrolling district in writing if the enrolling district is 
40.30 	not the online learning provider. The student and family must notify the online learning 
40.31 	provider of their intent to enroll in online learning within ten days of acceptance, at which 
40.32 	time the student and parent must sign a statement of assurance that they have reviewed the 
40.33 	online course or program and understand the expectations of online learning enrollment. 
40.34 	The online learning provider must notify the enrolling district of the student's enrollment
40.35 	application to enroll in online learning in writing on a form provided by the department.
41.1 	(b) Supplemental online learning notification to the enrolling district upon student 
41.2 	enrollment in application to the online learning program provider will include the 
41.3 	courses or program, credits to be awarded, and the start date of online enrollment, and 
41.4 	confirmation that the courses will meet the student's graduation plan. An online learning 
41.5 	provider must provide the enrolling district with an online course syllabus. Within 15 days 
41.6 	after the online learning provider makes the supplemental online course syllabus available 
41.7 	to the enrolling district, the enrolling district must notify the online provider whether or 
41.8 	not the student, parent or guardian, and enrolling district agree that the course meets 
41.9 	the enrolling district's graduation requirements. A student may enroll in supplemental 
41.10 	online learning courses up to the midpoint of the enrolling district's term. The enrolling 
41.11 	district may waive this requirement for special circumstances and upon acceptance by the 
41.12 	online provider. An online learning course or program that meets or exceeds a graduation 
41.13 	standard or grade progression requirements at the enrolling district as demonstrated on 
41.14 	the online provider's syllabus must be considered to meet the corresponding graduation 
41.15 	requirements of the student in the enrolling district. If the enrolling district decides that 
41.16 	the course does not meet its graduation requirements, then:
41.17 	(1) the district shall provide a written explanation of its decision upon request by the 
41.18 	student, parent or guardian, or online provider;
41.19 	(2) the district shall allow the online provider the opportunity to respond in writing 
41.20 	to the district's written explanation of its decision for the purpose of describing how the 
41.21 	course may meet the district's graduation requirement; and
41.22 	(3) the student, parent or guardian, or online provider may request that the 
41.23 	Department of Education review the district's decision to determine whether it is consistent 
41.24 	with this section.
41.25 	(c) An online learning provider must notify the commissioner that it is delivering 
41.26 	online learning and report the number of online learning students it is accepting and the 
41.27 	online learning courses and programs it is delivering.
41.28 	(d) An online learning provider may limit enrollment if the provider's school board 
41.29 	or board of directors adopts by resolution specific standards for accepting and rejecting 
41.30 	students' applications.
41.31 	(e) An enrolling district may reduce an online learning student's regular classroom 
41.32 	instructional membership in proportion to the student's membership in online learning 
41.33 	courses.
41.34 	(f) The online provider must report or provide access to information on an individual 
41.35 	student's progress and accumulated credit to the student, parent or guardian, and enrolling 
41.36 	district in a manner specified by the commissioner unless another manner is agreed upon 
42.1 	by the enrolling district and the online provider and submitted to the commissioner. The 
42.2 	enrolling district must designate a contact person to assist in facilitating and monitoring 
42.3 	the student's progress and accumulated credit towards graduation. 

42.4 	Sec. 29. Minnesota Statutes 2008, section 124D.095, subdivision 4, is amended to read:
42.5 		Subd. 4.Online learning parameters. (a) An online learning student must receive 
42.6 	academic credit for completing the requirements of an online learning course or program. 
42.7 	Secondary credits granted to an online learning student must be counted toward the 
42.8 	graduation and credit requirements of the enrolling district. An online learning provider 
42.9 	must make available to the enrolling district the course syllabus, standard alignment, 
42.10 	content outline, assessment requirements, and contact information for supplemental online 
42.11 	courses taken by students in the enrolling district. The enrolling district must apply the 
42.12 	same graduation requirements to all students, including online learning students, and 
42.13 	must continue to provide nonacademic services to online learning students. If a student 
42.14 	completes an online learning course or program that meets or exceeds a graduation 
42.15 	standard or grade progression requirement at the enrolling district, that standard or 
42.16 	requirement is met. The enrolling district must use the same criteria for accepting online 
42.17 	learning credits or courses as it does for accepting credits or courses for transfer students 
42.18 	under section 124D.03, subdivision 9. The enrolling district may reduce the course 
42.19 	schedule of an online learning student in proportion to the number of online learning 
42.20 	courses the student takes from an online learning provider that is not the enrolling district.
42.21 	(b) An online learning student may:
42.22 	(1) enroll in supplemental online learning courses during a single school year to a 
42.23 	maximum of 50 percent of the student's full schedule of courses per term. A student may 
42.24 	exceed the supplemental online learning registration limit if the enrolling district grants 
42.25 	permission for supplemental online learning enrollment above the limit, or if an agreement 
42.26 	is made between the enrolling district and the online learning provider for instructional 
42.27 	services;
42.28 	(2) complete course work at a grade level that is different from the student's current 
42.29 	grade level; and
42.30 	(3) enroll in additional courses with the online learning provider under a separate 
42.31 	agreement that includes terms for payment of any tuition or course fees.
42.32 	(c) An online learning student has the same access to the computer hardware and 
42.33 	education software available in a school as all other students in the enrolling district. An 
42.34 	online learning provider must assist an online learning student whose family qualifies 
43.1 	for the education tax credit under section 290.0674 to acquire computer hardware and 
43.2 	educational software for online learning purposes.
43.3 	(d) An enrolling district may offer online learning to its enrolled students. Such 
43.4 	online learning does not generate online learning funds under this section. An enrolling 
43.5 	district that offers online learning only to its enrolled students is not subject to the 
43.6 	reporting requirements or review criteria under subdivision 7, unless the enrolling district 
43.7 	is a full-time online provider. A teacher with a Minnesota license must assemble and 
43.8 	deliver instruction to enrolled students receiving online learning from an enrolling district. 
43.9 	The delivery of instruction occurs when the student interacts with the computer or the 
43.10 	teacher and receives ongoing assistance and assessment of learning. The instruction may 
43.11 	include curriculum developed by persons other than a teacher with a Minnesota license.
43.12 	(e) AnBoth full-time and supplemental online learning provider that is not the 
43.13 	enrolling district is providers are subject to the reporting requirements and review criteria 
43.14 	under subdivision 7. A teacher with a Minnesota license must assemble and deliver 
43.15 	instruction to online learning students. The delivery of instruction occurs when the student 
43.16 	interacts with the computer or the teacher and receives ongoing assistance and assessment 
43.17 	of learning. The instruction may include curriculum developed by persons other than a 
43.18 	teacher with a Minnesota license. Unless the commissioner grants a waiver, a teacher 
43.19 	providing online learning instruction must not instruct more than 40 students in any one 
43.20 	online learning course or program.
43.21 	(f) To enroll in more than 50 percent of the student's full schedule of courses per term 
43.22 	in online learning, the student must qualify to exceed the supplemental online learning 
43.23 	registration limit under paragraph (b) or apply for enrollment to an approved full-time 
43.24 	online learning program following appropriate procedures in subdivision 3, paragraph (a). 
43.25 	Full-time online learning students may enroll in classes at a local school per contract for 
43.26 	instructional services between the online learning provider and the school district.

43.27 	Sec. 30. Minnesota Statutes 2008, section 124D.095, subdivision 7, is amended to read:
43.28 		Subd. 7.Department of Education. (a) The department must review and 
43.29 	certify online learning providers. The online learning courses and programs must be 
43.30 	rigorous, aligned with state academic standards, and contribute to grade progression 
43.31 	in a single subject. Online learning providers must demonstrate to the commissioner 
43.32 	that online learning courses have equivalent standards or instruction, curriculum, and 
43.33 	assessment requirements as other courses offered to enrolled students. The online 
43.34 	learning provider must also demonstrate expectations for actual teacher contact time 
43.35 	or other student-to-teacher communication The online provider must provide a written 
44.1 	statement that: (1) all courses meet state academic standards; and (2) the online learning 
44.2 	curriculum, instruction, and assessment, expectations for actual teacher-contact time or 
44.3 	other student-to-teacher communication, and academic support meet nationally recognized 
44.4 	professional standards and are demonstrated as such in a syllabus provided according to 
44.5 	the commissioner's requirements. Once an online learning provider is approved under 
44.6 	this paragraph, all of its online learning course offerings are eligible for payment under 
44.7 	this section unless a course is successfully challenged by an enrolling district or the 
44.8 	department under paragraph (b).
44.9 	(b) An enrolling district may challenge the validity of a course offered by an online 
44.10 	learning provider. The department must review such challenges based on the certification 
44.11 	procedures under paragraph (a). The department may initiate its own review of the validity 
44.12 	of an online learning course offered by an online learning provider.
44.13 	(c) The department may collect a fee not to exceed $250 for certifying online 
44.14 	learning providers or $50 per course for reviewing a challenge by an enrolling district.
44.15 	(d) The department must develop, publish, and maintain a list of approved online 
44.16 	learning providers and online learning courses and programs that it has reviewed and 
44.17 	certified.

44.18 	Sec. 31. Minnesota Statutes 2008, section 124D.095, subdivision 10, is amended to 
44.19 	read:
44.20 		Subd. 10.Online Learning Advisory Council. (a) An Online Learning Advisory 
44.21 	Council is established under section 15.059, except that. The term for each council 
44.22 	member shall be three years. The advisory council is composed of 12 members from 
44.23 	throughout the state who have demonstrated experience with or interest in online learning. 
44.24 	The members of the council shall be appointed by the commissioner. The advisory council 
44.25 	shall bring to the attention of the commissioner any matters related to online learning and 
44.26 	provide input to the department in matters related, but not restricted, to:
44.27 	(1) quality assurance;
44.28 	(2) teacher qualifications;
44.29 	(3) program approval;
44.30 	(4) special education;
44.31 	(5) attendance;
44.32 	(6) program design and requirements; and
44.33 	(7) fair and equal access to programs.
44.34 	(b) The Online Learning Advisory Council under this subdivision expires June 
44.35 	30, 2008 2013.

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

45.2 	Sec. 32. Minnesota Statutes 2008, section 124D.128, subdivision 2, is amended to read:
45.3 		Subd. 2.Commissioner designation. (a) An area learning center A state-approved 
45.4 	alternative program designated by the state must be a site. An area learning center A 
45.5 	state-approved alternative program must provide services to students who meet the criteria 
45.6 	in section 124D.68 and who are enrolled in:
45.7 	(1) a district that is served by the center state-approved alternative program; or
45.8 	(2) a charter school located within the geographic boundaries of a district that is 
45.9 	served by the center state-approved alternative program.
45.10 	(b) A school district or charter school may be approved biennially by the state to 
45.11 	provide additional instructional programming that results in grade level acceleration. The 
45.12 	program must be designed so that students make grade progress during the school year 
45.13 	and graduate prior to the students' peers.
45.14 	(c) To be designated, a district, charter school, or center state-approved alternative 
45.15 	program must demonstrate to the commissioner that it will:
45.16 	(1) provide a program of instruction that permits pupils to receive instruction 
45.17 	throughout the entire year; and
45.18 	(2) develop and maintain a separate record system that, for purposes of section 
45.19 	126C.05, permits identification of membership attributable to pupils participating in the 
45.20 	program. The record system and identification must ensure that the program will not have 
45.21 	the effect of increasing the total average daily membership attributable to an individual 
45.22 	pupil as a result of a learning year program. The record system must include the date the 
45.23 	pupil originally enrolled in a learning year program, the pupil's grade level, the date of 
45.24 	each grade promotion, the average daily membership generated in each grade level, the 
45.25 	number of credits or standards earned, and the number needed to graduate. 
45.26 	(d) A student who has not completed a school district's graduation requirements 
45.27 	may continue to enroll in courses the student must complete in order to graduate until 
45.28 	the student satisfies the district's graduation requirements or the student is 21 years old, 
45.29 	whichever comes first.

45.30 	Sec. 33. Minnesota Statutes 2008, section 124D.128, subdivision 3, is amended to read:
45.31 		Subd. 3.Student planning. A district, charter school, or area learning center
45.32 	state-approved alternative program must inform all pupils and their parents about the 
45.33 	learning year program and that participation in the program is optional. A continual 
45.34 	learning plan must be developed at least annually for each pupil with the participation 
46.1 	of the pupil, parent or guardian, teachers, and other staff; each participant must sign and 
46.2 	date the plan. The plan must specify the learning experiences that must occur during the 
46.3 	entire fiscal year and are necessary for grade progression or, for secondary students, 
46.4 	graduation. The plan must include:
46.5 	(1) the pupil's learning objectives and experiences, including courses or credits the 
46.6 	pupil plans to complete each year and, for a secondary pupil, the graduation requirements 
46.7 	the student must complete;
46.8 	(2) the assessment measurements used to evaluate a pupil's objectives;
46.9 	(3) requirements for grade level or other appropriate progression; and
46.10 	(4) for pupils generating more than one average daily membership in a given grade, 
46.11 	an indication of which objectives were unmet.
46.12 	The plan may be modified to conform to district schedule changes. The district may 
46.13 	not modify the plan if the modification would result in delaying the student's time of 
46.14 	graduation.

46.15 	Sec. 34. Minnesota Statutes 2008, section 124D.68, subdivision 2, is amended to read:
46.16 		Subd. 2.Eligible pupils. A pupil under the age of 21 or who meets the requirements 
46.17 	of section 120A.20, subdivision 1, paragraph (c), is eligible to participate in the graduation 
46.18 	incentives program, if the pupil:
46.19 	(1) performs substantially below the performance level for pupils of the same age 
46.20 	in a locally determined achievement test;
46.21 	(2) is at least one year behind in satisfactorily completing coursework or obtaining 
46.22 	credits for graduation;
46.23 	(3) is pregnant or is a parent;
46.24 	(4) has been assessed as chemically dependent;
46.25 	(5) has been excluded or expelled according to sections 121A.40 to 121A.56;
46.26 	(6) has been referred by a school district for enrollment in an eligible program or 
46.27 	a program pursuant to section 124D.69;
46.28 	(7) is a victim of physical or sexual abuse;
46.29 	(8) has experienced mental health problems;
46.30 	(9) has experienced homelessness sometime within six months before requesting a 
46.31 	transfer to an eligible program;
46.32 	(10) speaks English as a second language or has limited English proficiency; or
46.33 	(11) has withdrawn from school or has been chronically truant; or
46.34 	(12) is being treated in a hospital in the seven-county metropolitan area for cancer or 
46.35 	other life threatening illness or is the sibling of an eligible pupil who is being currently 
47.1 	treated, and resides with the pupil's family at least 60 miles beyond the outside boundary 
47.2 	of the seven-county metropolitan area.

47.3 	Sec. 35. Minnesota Statutes 2008, section 124D.68, subdivision 3, is amended to read:
47.4 		Subd. 3.Eligible programs. (a) A pupil who is eligible according to subdivision 2 
47.5 	may enroll in area learning centers a state-approved alternative program under sections 
47.6 	123A.05 to 123A.08. 
47.7 	(b) A pupil who is eligible according to subdivision 2 and who is between the ages 
47.8 	of 16 and 21 a high school junior or senior may enroll in postsecondary courses under 
47.9 	section 124D.09. 
47.10 	(c) A pupil who is eligible under subdivision 2, may enroll in any public elementary 
47.11 	or secondary education program. 
47.12 	(d) A pupil who is eligible under subdivision 2, may enroll in any nonpublic, 
47.13 	nonsectarian school that has contracted with the serving school district to provide 
47.14 	educational services. However, notwithstanding other provisions of this section, only a 
47.15 	pupil who is eligible under subdivision 2, clause (12), may enroll in a contract alternative 
47.16 	school that is specifically structured to provide educational services to such a pupil.
47.17 	(e) A pupil who is between the ages of 16 and 21 may enroll in any adult basic 
47.18 	education programs approved under section 124D.52 and operated under the community 
47.19 	education program contained in section 124D.19. 

47.20 	Sec. 36. Minnesota Statutes 2008, section 124D.68, subdivision 4, is amended to read:
47.21 		Subd. 4.Additional eligible program. A pupil who is at least 16 years of age, 
47.22 	who is eligible under subdivision 2, clause (a), and who has been enrolled only in a 
47.23 	public school, if the pupil has been enrolled in any school, during the year immediately 
47.24 	before transferring under this subdivision, may transfer to any nonpublic school that has 
47.25 	contracted with the serving school district to provide nonsectarian educational services. 
47.26 	The school must enroll every eligible pupil who seeks to transfer to the school under 
47.27 	this program subject to available space.

47.28 	Sec. 37. Minnesota Statutes 2008, section 124D.68, subdivision 5, is amended to read:
47.29 		Subd. 5.Pupil enrollment. Any eligible pupil may apply to enroll in an eligible 
47.30 	program. Approval of the resident district is not required for:
47.31 	(1) an eligible pupil to enroll in any eligible program in a nonresident district 
47.32 	under subdivision 3 or 4 or an area learning center a state-approved alternative program
47.33 	established under section 123A.05; or
48.1 	(2) an eligible pupil under subdivision 2, to enroll in an adult basic education 
48.2 	program approved under section 124D.52.

48.3 	Sec. 38. Minnesota Statutes 2008, section 124D.83, subdivision 4, is amended to read:
48.4 		Subd. 4.Early childhood family education revenue. A school receiving aid 
48.5 	under this section is eligiblemay apply annually to the commissioner to receive an early 
48.6 	childhood family education revenue grant to provide early childhood family education 
48.7 	programs for parents and children who are enrolled or eligible for enrollment in a federally 
48.8 	recognized tribe. The revenue equals 1.5 times the statewide average expenditure per 
48.9 	participant under section 124D.135, times the number of children and parents participating 
48.10 	full time in the program. The program must grant must be used for programs and services 
48.11 	that comply with section 124D.13, except that the school is not required to provide a 
48.12 	community education program or establish a community education advisory council. The 
48.13 	program must be designed to improve the skills of parents and promote American Indian 
48.14 	history, language, and culture. The school must make affirmative efforts to encourage 
48.15 	participation by fathers. Admission may not be limited to those enrolled in or eligible for 
48.16 	enrollment in a federally recognized tribe.

48.17 	Sec. 39. Minnesota Statutes 2008, section 126C.05, subdivision 15, is amended to read:
48.18 		Subd. 15.Learning year pupil units. (a) When a pupil is enrolled in a learning 
48.19 	year program under section 124D.128, an area learning center or an alternative learning 
48.20 	program approved by the commissioner under sections 123A.05 and 123A.06, an 
48.21 	alternative program approved by the commissioner, or a contract alternative program 
48.22 	under section 124D.68, subdivision 3, paragraph (d), or subdivision 3a, for more than 
48.23 	1,020 hours in a school year for a secondary student, more than 935 hours in a school year 
48.24 	for an elementary student, or more than 425 hours in a school year for a kindergarten 
48.25 	student without a disability, that pupil may be counted as more than one pupil in average 
48.26 	daily membership for purposes of section 126C.10, subdivision 2a. The amount in excess 
48.27 	of one pupil must be determined by the ratio of the number of hours of instruction 
48.28 	provided to that pupil in excess of: (i) the greater of 1,020 hours or the number of hours 
48.29 	required for a full-time secondary pupil in the district to 1,020 for a secondary pupil; (ii) 
48.30 	the greater of 935 hours or the number of hours required for a full-time elementary pupil 
48.31 	in the district to 935 for an elementary pupil in grades 1 through 6; and (iii) the greater of 
48.32 	425 hours or the number of hours required for a full-time kindergarten student without a 
48.33 	disability in the district to 425 for a kindergarten student without a disability. Hours that 
48.34 	occur after the close of the instructional year in June shall be attributable to the following 
49.1 	fiscal year. A kindergarten student must not be counted as more than 1.2 pupils in average 
49.2 	daily membership under this subdivision. A student in grades 1 through 12 must not be 
49.3 	counted as more than 1.2 pupils in average daily membership under this subdivision. 
49.4 	(b)(i) To receive general education revenue for a pupil in an area learning center 
49.5 	or alternative learning program that has an independent study component, a district 
49.6 	must meet the requirements in this paragraph. The district must develop, for the pupil, 
49.7 	a continual learning plan consistent with section 124D.128, subdivision 3. Each school 
49.8 	district that has a state-approved public an area learning center or alternative learning 
49.9 	program must reserve revenue in an amount equal to at least 90 percent of the district 
49.10 	average general education revenue per pupil unit less compensatory revenue per pupil 
49.11 	unit, minus an amount equal to the product of the formula allowance according to section 
49.12 	126C.10, subdivision 2, times .0485, calculated without basic skills and transportation 
49.13 	sparsity revenue, times the number of pupil units generated by students attending a 
49.14 	state-approved public an area learning center or alternative learning program. The amount 
49.15 	of reserved revenue available under this subdivision may only be spent for program costs 
49.16 	associated with the state-approved public area learning center or alternative learning 
49.17 	program. Compensatory revenue must be allocated according to section 126C.15, 
49.18 	subdivision 2.Basic skills revenue generated according to section 126C.10, subdivision 4, 
49.19 	by pupils attending the eligible program must be allocated to the program.
49.20 	(ii) General education revenue for a pupil in an approved a state-approved
49.21 	alternative program without an independent study component must be prorated for a 
49.22 	pupil participating for less than a full year, or its equivalent. The district must develop a 
49.23 	continual learning plan for the pupil, consistent with section 124D.128, subdivision 3. 
49.24 	Each school district that has a state-approved public an area learning center or alternative 
49.25 	learning program must reserve revenue in an amount equal to at least 90 percent of the 
49.26 	district average general education revenue per pupil unit less compensatory revenue per 
49.27 	pupil unit, minus an amount equal to the product of the formula allowance according 
49.28 	to section 126C.10, subdivision 2, times .0485, calculated without basic skills and 
49.29 	transportation sparsity revenue, times the number of pupil units generated by students 
49.30 	attending a state-approved public an area learning center or alternative learning program. 
49.31 	The amount of reserved revenue available under this subdivision may only be spent for 
49.32 	program costs associated with the state-approved public area learning center or alternative 
49.33 	learning program. Compensatory revenue must be allocated according to section 126C.15, 
49.34 	subdivision 2. Basic skills revenue generated according to section 126C.10, subdivision 4, 
49.35 	by pupils attending the eligible program must be allocated to the program.
50.1 	(iii) General education revenue for a pupil in an approved a state-approved
50.2 	alternative program that has an independent study component must be paid for each hour 
50.3 	of teacher contact time and each hour of independent study time completed toward a 
50.4 	credit or graduation standards necessary for graduation. Average daily membership for a 
50.5 	pupil shall equal the number of hours of teacher contact time and independent study 
50.6 	time divided by 1,020.
50.7 	(iv) For an a state-approved alternative program having an independent study 
50.8 	component, the commissioner shall require a description of the courses in the program, the 
50.9 	kinds of independent study involved, the expected learning outcomes of the courses, and 
50.10 	the means of measuring student performance against the expected outcomes.

50.11 	Sec. 40. Minnesota Statutes 2008, section 126C.05, subdivision 20, is amended to read:
50.12 		Subd. 20.Project-based average daily membership. (a) Project-based is an 
50.13 	instructional program where students complete coursework for credit at an individual pace 
50.14 	that is primarily student-led and may be completed on site, in the community, or online. A 
50.15 	project-based program may be made available to all or designated students and grades 
50.16 	in a school. To receive general education revenue for a pupil enrolled in a public school 
50.17 	with a project-based program, a school must meet the requirements in this paragraph. 
50.18 	The school must:
50.19 	(1) register with the commissioner as a project-based program by May 30 of the 
50.20 	preceding fiscal year apply and receive approval from the commissioner as a project-based 
50.21 	program at least 90 days prior to starting the program;
50.22 	(2) provide a minimum teacher contact of no less than one hour per week per 
50.23 	project-based credit for each pupil;
50.24 	(3) ensure that the program will not increase the total average daily membership 
50.25 	generated by the student and that there will be the expectation that the students will be 
50.26 	making typical progression towards high school graduation;
50.27 	(3) (4) maintain a record system that shows when each credit or portion thereof was 
50.28 	reported for membership for each pupil; and
50.29 	(4) (5) report pupil membership consistent with paragraph (b).
50.30 	(b) The commissioner must develop a formula for reporting pupil membership to 
50.31 	compute average daily membership for each registeredapproved project-based school
50.32 	program. Average daily membership for a pupil in a registeredan approved project-based 
50.33 	program is the lesser of:
50.34 	(1) 1.0; or
51.1 	(2) the ratio of (i) the number of membership hours generated by project-based 
51.2 	credits completed during the school year plus membership hours generated by credits 
51.3 	completed in a seat-based setting to (ii) the annual required instructional hours at that 
51.4 	grade level. Membership hours for a partially completed project-based credit must be 
51.5 	prorated. General education revenue for a pupil in a project-based program must be 
51.6 	prorated for a pupil participating for less than a full year, or its equivalent.
51.7 	(c) For a program that has not been approved by the commissioner for project-based 
51.8 	learning but an auditor or other site visit deems that any portion or credits awarded 
51.9 	by the school are project-based, student membership must be computed according to 
51.10 	paragraph (b).

51.11 	Sec. 41. [127A.70] MINNESOTA P-20 EDUCATION PARTNERSHIP.
51.12 		Subdivision 1.Establishment; membership. A P-20 education partnership is 
51.13 	established to create a seamless system of education that maximizes achievements of 
51.14 	all students, from early childhood through elementary, secondary, and postsecondary 
51.15 	education, while promoting the efficient use of financial and human resources. The 
51.16 	partnership shall consist of major statewide educational groups or constituencies or 
51.17 	noneducational statewide organizations with a stated interest in P-20 education. The initial 
51.18 	membership of the partnership includes the members serving on the Minnesota P-16 
51.19 	Education Partnership and four legislators appointed as follows:
51.20 	(1) one senator from the majority party and one senator from the minority party, 
51.21 	appointed by the Subcommittee on Committees of the Committee on Rules and 
51.22 	Administration; and
51.23 	(2) one member of the house of representatives appointed by the speaker of the 
51.24 	house and one member appointed by the minority leader of the house of representatives.
51.25 	The chair of the P-16 education partnership must convene the first meeting of the 
51.26 	P-20 partnership. Prospective members may be nominated by any partnership member and 
51.27 	new members will be added with the approval of a two-thirds majority of the partnership. 
51.28 	The partnership will also seek input from nonmember organizations whose expertise can 
51.29 	help inform the partnership's work.
51.30 	Partnership members shall be represented by the chief executives, presidents, or 
51.31 	other formally designated leaders of their respective organizations, or their designees. The 
51.32 	partnership shall meet at least three times during each calendar year.
51.33 		Subd. 2.Powers and duties; report. The partnership shall develop 
51.34 	recommendations to the governor and the legislature designed to maximize the 
51.35 	achievement of all P-20 students while promoting the efficient use of state resources, 
52.1 	thereby helping the state realize the maximum value for its investment. These 
52.2 	recommendations may include, but are not limited to, strategies, policies, or other actions 
52.3 	focused on:
52.4 	(1) improving the quality of and access to education at all points from preschool 
52.5 	through graduate education;
52.6 	(2) improving preparation for, and transitions to, postsecondary education and 
52.7 	work; and
52.8 	(3) ensuring educator quality by creating rigorous standards for teacher recruitment, 
52.9 	teacher preparation, induction and mentoring of beginning teachers, and continuous 
52.10 	professional development for career teachers.
52.11 	By January 15 of each year, the partnership shall submit a report to the governor 
52.12 	and to the chairs and ranking minority members of the legislative committees and 
52.13 	divisions with jurisdiction over P-20 education policy and finance that summarizes the 
52.14 	partnership's progress in meeting its goals and identifies the need for any draft legislation 
52.15 	when necessary to further the goals of the partnership to maximize student achievement 
52.16 	while promoting efficient use of resources.
52.17 		Subd. 3.Expiration. Notwithstanding section 15.059, subdivision 5, the partnership 
52.18 	is permanent and does not expire.

52.19 	Sec. 42. Minnesota Statutes 2008, section 171.05, subdivision 2, is amended to read:
52.20 		Subd. 2.Person less than 18 years of age. (a) Notwithstanding any provision 
52.21 	in subdivision 1 to the contrary, the department may issue an instruction permit to an 
52.22 	applicant who is 15, 16, or 17 years of age and who:
52.23 	(1) has completed a course of driver education in another state, has a previously 
52.24 	issued valid license from another state, or is enrolled in either:
52.25 	(i) a public, private, or commercial driver education program that is approved by 
52.26 	the commissioner of public safety and that includes classroom and behind-the-wheel 
52.27 	training; or
52.28 	(ii) an approved behind-the-wheel driver education program when the student is 
52.29 	receiving full-time instruction in a home school within the meaning of sections 120A.22
52.30 	and 120A.24, the student is working toward a homeschool diploma, the student's status 
52.31 	as a homeschool student has been certified by the superintendent of the school district in 
52.32 	which the student resides, and the student is taking home-classroom driver training with 
52.33 	classroom materials approved by the commissioner of public safety, and the student's 
52.34 	parent or guardian has certified the student's homeschool and home-classroom driver 
52.35 	training status on the form approved by the commissioner;
53.1 	(2) has completed the classroom phase of instruction in the driver education program;
53.2 	(3) has passed a test of the applicant's eyesight;
53.3 	(4) has passed a department-administered test of the applicant's knowledge of traffic 
53.4 	laws;
53.5 	(5) has completed the required application, which must be approved by (i) either 
53.6 	parent when both reside in the same household as the minor applicant or, if otherwise, then 
53.7 	(ii) the parent or spouse of the parent having custody or, in the event there is no court order 
53.8 	for custody, then (iii) the parent or spouse of the parent with whom the minor is living 
53.9 	or, if items (i) to (iii) do not apply, then (iv) the guardian having custody of the minor or, 
53.10 	in the event a person under the age of 18 has no living father, mother, or guardian, or is 
53.11 	married or otherwise legally emancipated, then (v) the applicant's adult spouse, adult close 
53.12 	family member, or adult employer; provided, that the approval required by this clause 
53.13 	contains a verification of the age of the applicant and the identity of the parent, guardian, 
53.14 	adult spouse, adult close family member, or adult employer; and
53.15 	(6) has paid the fee required in section 171.06, subdivision 2.
53.16 	(b) For the purposes of determining compliance with the certification of paragraph 
53.17 	(a), clause (1), item (ii), the commissioner may request verification of a student's 
53.18 	homeschool status from the superintendent of the school district in which the student 
53.19 	resides and the superintendent shall provide that verification.
53.20 	(c) The instruction permit is valid for two years from the date of application and 
53.21 	may be renewed upon payment of a fee equal to the fee for issuance of an instruction 
53.22 	permit under section 171.06, subdivision 2.

53.23 	Sec. 43. Minnesota Statutes 2008, section 171.17, subdivision 1, is amended to read:
53.24 		Subdivision 1.Offenses. (a) The department shall immediately revoke the license 
53.25 	of a driver upon receiving a record of the driver's conviction of:
53.26 	(1) manslaughter resulting from the operation of a motor vehicle or criminal 
53.27 	vehicular homicide or injury under section 609.21;
53.28 	(2) a violation of section 169A.20 or 609.487;
53.29 	(3) a felony in the commission of which a motor vehicle was used;
53.30 	(4) failure to stop and disclose identity and render aid, as required under section 
53.31 	169.09, in the event of a motor vehicle accident, resulting in the death or personal injury 
53.32 	of another;
53.33 	(5) perjury or the making of a false affidavit or statement to the department under 
53.34 	any law relating to the application, ownership or operation of a motor vehicle, including 
54.1 	on the certification required under section 171.05, subdivision 2, clause (1), item (ii), to 
54.2 	issue an instruction permit to a homeschool student;
54.3 	(6) except as this section otherwise provides, three charges of violating within a 
54.4 	period of 12 months any of the provisions of chapter 169 or of the rules or municipal 
54.5 	ordinances enacted in conformance with chapter 169, for which the accused may be 
54.6 	punished upon conviction by imprisonment;
54.7 	(7) two or more violations, within five years, of the misdemeanor offense described 
54.8 	in section 169.444, subdivision 2, paragraph (a);
54.9 	(8) the gross misdemeanor offense described in section 169.444, subdivision 2, 
54.10 	paragraph (b);
54.11 	(9) an offense in another state that, if committed in this state, would be grounds for 
54.12 	revoking the driver's license; or
54.13 	(10) a violation of an applicable speed limit by a person driving in excess of 100 
54.14 	miles per hour. The person's license must be revoked for six months for a violation of 
54.15 	this clause, or for a longer minimum period of time applicable under section 169A.53, 
54.16 	169A.54, or 171.174.
54.17 	(b) The department shall immediately revoke the school bus endorsement of a driver 
54.18 	upon receiving a record of the driver's conviction of the misdemeanor offense described in 
54.19 	section 169.443, subdivision 7.

54.20 	Sec. 44. Minnesota Statutes 2008, section 171.22, subdivision 1, is amended to read:
54.21 		Subdivision 1.Violations. With regard to any driver's license, including a 
54.22 	commercial driver's license, it shall be unlawful for any person:
54.23 	(1) to display, cause or permit to be displayed, or have in possession, any fictitious 
54.24 	or fraudulently altered driver's license or Minnesota identification card;
54.25 	(2) to lend the person's driver's license or Minnesota identification card to any other 
54.26 	person or knowingly permit the use thereof by another;
54.27 	(3) to display or represent as one's own any driver's license or Minnesota 
54.28 	identification card not issued to that person;
54.29 	(4) to use a fictitious name or date of birth to any police officer or in any application 
54.30 	for a driver's license or Minnesota identification card, or to knowingly make a false 
54.31 	statement, or to knowingly conceal a material fact, or otherwise commit a fraud in any 
54.32 	such application;
54.33 	(5) to alter any driver's license or Minnesota identification card;
54.34 	(6) to take any part of the driver's license examination for another or to permit 
54.35 	another to take the examination for that person;
55.1 	(7) to make a counterfeit driver's license or Minnesota identification card;
55.2 	(8) to use the name and date of birth of another person to any police officer for the 
55.3 	purpose of falsely identifying oneself to the police officer; or
55.4 	(9) to display as a valid driver's license any canceled, revoked, or suspended driver's 
55.5 	license. A person whose driving privileges have been withdrawn may display a driver's 
55.6 	license only for identification purposes; or
55.7 	(10) to submit a false affidavit or statement to the department on the certification 
55.8 	required under section 171.05, subdivision 2, clause (1), item (ii), to issue an instruction 
55.9 	permit to a homeschool student.

55.10 	Sec. 45. Minnesota Statutes 2008, section 181A.05, subdivision 1, is amended to read:
55.11 		Subdivision 1.When issued. Any minor 14 or 15 years of age who wishes to work 
55.12 	on school days during school hours shall first secure an employment certificate. The 
55.13 	certificate shall be issued only by the school district superintendent, the superintendent's 
55.14 	agent, or some other person designated by the Board of Education, or by the person in 
55.15 	charge of providing instruction for students enrolled in nonpublic schools as defined in 
55.16 	section 120A.22, subdivision 4. The employment certificate shall be issued only for 
55.17 	a specific position with a designated employer and shall be issued only in the following 
55.18 	circumstances:
55.19 	(1) if a minor is to be employed in an occupation not prohibited by rules promulgated 
55.20 	under section 181A.09 and as evidence thereof presents a signed statement from the 
55.21 	prospective employer; and 
55.22 	(2) if the parent or guardian of the minor consents to the employment; and
55.23 	(3) if the issuing officer believes the minor is physically capable of handling the job 
55.24 	in question and further believes the best interests of the minor will be served by permitting 
55.25 	the minor to work.

55.26 	Sec. 46. IMPLEMENTING RIGOROUS COURSEWORK MEASURES 
55.27 	RELATED TO STUDENT PERFORMANCE.
 55.28 	To implement the requirements of Minnesota Statutes, section 120B.35, subdivision 
55.29 	3, paragraph (c), clauses (1) and (2), and to help parents and members of the public better 
55.30 	understand the reported data, the commissioner of education must convene a group 
55.31 	of recognized and qualified experts and interested stakeholders, including parents and 
55.32 	teachers among other stakeholders, to develop a model projecting anticipated performance 
55.33 	of each high school on preparation and rigorous coursework measures that compares the 
55.34 	school with similar schools. The model must use information about entering high school 
56.1 	students based on particular background characteristics that are predictive of differing 
56.2 	rates of college readiness. These characteristics include grade 8 achievement levels, high 
56.3 	school student mobility, high school student attendance, and the size of each entering ninth 
56.4 	grade class. The group of experts and stakeholders may examine other characteristics not 
56.5 	part of the prediction model including the nine student categories identified under the 
56.6 	federal 2001 No Child Left Behind Act, and two student gender categories of male and 
56.7 	female, respectively. The commissioner annually must use the predicted level of entering 
56.8 	students' performance to provide a context for interpreting graduating students' actual 
56.9 	performance. The group convened under this section expires June 30, 2011.

56.10 	EFFECTIVE DATE. This section is effective the day following final enactment 
56.11 	and applies to school report cards beginning July 1, 2011.

56.12 	Sec. 47. IMPLEMENTING MEASURES FOR ASSESSING SCHOOL SAFETY 
56.13 	AND STUDENTS' ENGAGEMENT AND CONNECTION AT SCHOOL .
 56.14 	(a) To implement the requirements of Minnesota Statutes, section 120B.35, 
56.15 	subdivision 3, paragraph (d), the commissioner of education, in consultation with 
56.16 	interested stakeholders, including parents and teachers among other stakeholders, 
56.17 	must convene a group of recognized and qualified experts on student engagement and 
56.18 	connection and classroom teachers currently teaching in Minnesota schools to:
56.19 	(1) identify highly reliable variables of student engagement and connection that 
56.20 	may include student attendance, home support for learning, and student participation in 
56.21 	out-of-school activities, among other variables; and
56.22 	(2) determine how to report "safety" in order to comply with federal law.
56.23 	(b) The commissioner must submit a written report and all the group's working 
56.24 	papers to the education committees of the house of representatives and senate by February 
56.25 	15, 2010, presenting the group's responses to paragraph (a), clauses (1) and (2). The 
56.26 	commissioner must submit a second, related report to the education committees of the 
56.27 	legislature by February 15, 2013, indicating the content and analysis of and the format 
56.28 	for reporting the data collected in the 2010-2011 and 2011-2012 school years under 
56.29 	Minnesota Statutes, section 120B.35, subdivision 3, paragraph (d). The group convened 
56.30 	under this section expires December 31, 2013.

56.31 	EFFECTIVE DATE. This section is effective the day following final enactment 
56.32 	and applies to school report cards beginning July 1, 2013.

57.1 	Sec. 48. EXAMINING THE CHARACTERISTICS AND IMPACT OF HIGH 
57.2 	STAKES MATH AND SCIENCE TESTS IN THE CONTEXT OF AWARDING 
57.3 	HIGH SCHOOL DIPLOMAS.
 57.4 	(a) To carefully and responsibly determine the state policy of administering high 
57.5 	stakes math and science tests in the context of awarding high school diplomas, the 
57.6 	Independent Office of Educational Accountability under Minnesota Statutes, section 
57.7 	120B.31, subdivision 3, must convene and facilitate an advisory group that includes 
57.8 	measurement experts selected by the State Council on Measurement in Education, 
57.9 	three regionally diverse school district research and evaluation directors selected by the 
57.10 	Minnesota Assessment Group, one school superintendent selected by the Minnesota 
57.11 	Association of School Administrators, one high school principal selected by the Minnesota 
57.12 	Board of School Administrators, one University of Minnesota faculty member selected 
57.13 	by the dean of the College of Education and Human Development, one licensed math 
57.14 	teacher and one licensed science teacher selected by Education Minnesota, the director of 
57.15 	evaluation and testing at the Minnesota Department of Education, two parents of currently 
57.16 	enrolled high school students selected by the Minnesota Parent Teacher Association, 
57.17 	one representative of the business community selected by the Minnesota Chamber of 
57.18 	Commerce, one representative of the business community selected by the Minnesota 
57.19 	Business Partnership, one representative of Minnesota's two-year postsecondary 
57.20 	institutions selected by Minnesota State Colleges and Universities, one representative of 
57.21 	Minnesota's four-year postsecondary institutions selected by the University of Minnesota, 
57.22 	an interested member of the public, and mathematicians, scientists, and workforce 
57.23 	development experts that the Office of Educational Accountability selects to consider and 
57.24 	recommend how best to motivate students and improve students' academic achievement in 
57.25 	the context of high stakes math and science exams required for high school graduation. 
57.26 	The advisory group at least must evaluate and make recommendations on:
57.27 	(1) particular kinds of math and science exams that Minnesota might use as high 
57.28 	stakes exams to award or deny students a high school diploma;
57.29 	(2) appropriate levels of high school math and science proficiency and the 
57.30 	educational support to help students achieve those proficiency levels;
57.31 	(3) the relationship between math and science proficiency levels and state definitions 
57.32 	of college and career readiness;
57.33 	(4) the interrelationship between requiring students to demonstrate math and science 
57.34 	proficiency and college or career readiness, and awarding or denying students a high 
57.35 	school diploma;
58.1 	(5) the interrelationship between high stakes testing and other coursework and 
58.2 	credits required for graduation or college and career readiness; and
58.3 	(6) appropriate accommodations for students with individualized education plans 
58.4 	and students with limited English proficiency in some circumstances.
58.5 	(b) The advisory group under paragraph (a) is not subject to Minnesota Statutes, 
58.6 	section 15.059. The Office of Educational Accountability must present the advisory 
58.7 	group's evaluation and recommendations under paragraph (a) to the education policy 
58.8 	and finance committees of the legislature by February 15, 2010. The advisory group 
58.9 	expires on June 1, 2010.

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

58.11 	Sec. 49. ADVISORY TASK FORCE.
 58.12 	(a) An advisory task force on improving teacher quality and identifying institutional 
58.13 	structures and strategies for effectively integrating secondary and postsecondary academic 
58.14 	and career education is established to consider and recommend to the education policy and 
58.15 	finance committees of the legislature proposals on how to:
58.16 	(1) foster classroom teachers' interest and ability to acquire a master's degree in the 
58.17 	teachers' substantive fields of licensure; and
58.18 	(2) meet all elementary and secondary students' needs for adequate education 
58.19 	planning and preparation and improve all students' ability to acquire the knowledge and 
58.20 	skills needed for postsecondary academic and career education.
58.21 	(b) The commissioner of education, or the commissioner's designee, shall appoint 
58.22 	an advisory task force that is composed of a representative from each of the following 
58.23 	entities: Education Minnesota, the University of Minnesota, the Minnesota Department 
58.24 	of Education, the Minnesota Board of Teaching, the Minnesota Private College Council, 
58.25 	the Minnesota Office of Higher Education, the Minnesota Career College Association, 
58.26 	the Minnesota Parent Teacher Association, the Minnesota Chamber of Commerce, the 
58.27 	Minnesota Business Partnership, the Minnesota Department of Employment and Economic 
58.28 	Development, the Minnesota Association of Career and Technical Administrators, 
58.29 	the Minnesota Association of Career and Technical Educators, the Minnesota State 
58.30 	Colleges and Universities, and other representatives of other entities recommended by 
58.31 	task force members. Task force members' terms and other task force matters are subject 
58.32 	to Minnesota Statutes, section 15.059. The commissioner of education may reimburse 
58.33 	task force members from the Department of Education's current operating budget but may 
58.34 	not compensate task force members for task force activities. By February 15, 2010, the 
58.35 	task force must submit written recommendations to the education policy and finance 
59.1 	committees of the legislature on improving teacher quality and identifying the institutional 
59.2 	structures and strategies for effectively integrating secondary and postsecondary academic 
59.3 	and career education, consistent with this section.
59.4 	(c) Upon request, the commissioner of education must provide the task force with 
59.5 	technical, fiscal, and other support services.
59.6 	(d) The advisory task force expires February 16, 2010.

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

59.8 	Sec. 50. APPROPRIATION; OFFICE OF EDUCATIONAL ACCOUNTABILITY.
 59.9 	$....... in fiscal year 2010 and $....... in fiscal year 2011 is appropriated from the 
59.10 	general fund to the Board of Regents of the University of Minnesota for the Office of 
59.11 	Educational Accountability under Minnesota Statutes, section 120B.31, subdivision 3.
59.12 	Any balance in the first year does not cancel but is available in the second year. The 
59.13 	base appropriation for the Office of Educational Accountability in fiscal years 2010 and 
59.14 	2011 is $....... each year.

59.15 	Sec. 51.  REPEALER.
 59.16 	Minnesota Statutes 2008, section 120B.362, is repealed the day following final 
59.17 	enactment.

59.18 	ARTICLE 3
59.19 	SPECIAL PROGRAMS

59.20 	Section 1. Minnesota Statutes 2008, section 121A.41, subdivision 7, is amended to 
59.21 	read:
59.22 		Subd. 7.Pupil. "Pupil" means any student:
59.23 	(1) without a disability under 21 years of age old; or
59.24 	(2) with a disability until September 1 after the child with a disability becomes 22 
59.25 	years of age under 21 years old who has not received a regular high school diploma or 
59.26 	for a child with a disability who becomes 21 years old during the school year but has not 
59.27 	received a regular high school diploma, until the end of that school year;
59.28 	(3) and who remains eligible to attend a public elementary or secondary school.

59.29 	Sec. 2. Minnesota Statutes 2008, section 125A.02, is amended to read:
59.30 	125A.02 CHILD WITH A DISABILITY DEFINED.
60.1 		Subdivision 1. Child with a disability. Every child who has "Child with a 
60.2 	disability" means a child identified under federal and state special education law as 
60.3 	having a hearing impairment, blindness, visual disability, speech or language impairment, 
60.4 	physical disability, other health impairment, mental disability, emotional/behavioral 
60.5 	disorder, specific learning disability, autism, traumatic brain injury, multiple disabilities, or 
60.6 	deaf/blind disability and who needs special instruction and education and related services, 
60.7 	as determined by the standards rules of the commissioner, is a child with a disability. A 
60.8 	licensed physician, an advanced practice nurse, or a licensed psychologist is qualified 
60.9 	to make a diagnosis and determination of attention deficit disorder or attention deficit 
60.10 	hyperactivity disorder for purposes of identifying a child with a disability. 
60.11 		Subd. 1a.Children ages three through seven experiencing developmental 
60.12 	delays. In addition, every child under age three, and at local district discretion from age 
60.13 	three to age seven, who needs special instruction and services, as determined by the 
60.14 	standards rules of the commissioner, because the child has a substantial delay or has 
60.15 	an identifiable physical or mental condition known to hinder normal development is 
60.16 	a child with a disability. 
60.17 		Subd. 2.Not a child with a disability. A child with a short-term or temporary 
60.18 	physical or emotional illness or disability, as determined by the standards rules of the 
60.19 	commissioner, is not a child with a disability.

60.20 	Sec. 3. [125A.031] GENERAL SCHOOL DISTRICT OBLIGATIONS TO 
60.21 	CHILDREN WITH DISABILITIES.
60.22 	(a) Except as specifically provided in other law, the following requirements 
60.23 	governing school district obligations to children with disabilities apply.
60.24 	(b) A resident school district must identify, locate, and evaluate every child with 
60.25 	a disability who is in need of special education and related services, including a child 
60.26 	from birth to age 3.
60.27 	(c) A resident school district must make available a free appropriate public education 
60.28 	to:
60.29 	(1) a child with a disability under 21 years old who has not received a regular high 
60.30 	school diploma; and
60.31 	(2) for the duration of the school year, a child with a disability who becomes 21 
60.32 	years old during that school year but has not received a regular high school diploma.
60.33 	(d) The resident school district must ensure that a child with a disability who is 
60.34 	enrolled in a nonpublic school or facility receives special education and related services, 
60.35 	consistent with the child's individualized education program, at no cost to the child's parent 
61.1 	if the district places the child in the nonpublic school or facility to meet the requirements 
61.2 	of this section or applicable federal law.
61.3 	(e) Consistent with the number of children with disabilities who are enrolled by their 
61.4 	parents in a nonpublic school or facility located within a district, the district in which the 
61.5 	nonpublic school or facility is located must ensure that those children have an opportunity 
61.6 	to participate in special education and related services and that the amount the district 
61.7 	spends to provide such services must be at least equal to the proportionate amount of 
61.8 	federal funds made available under this chapter.

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

61.10 	Sec. 4. Minnesota Statutes 2008, section 125A.07, is amended to read:
61.11 	125A.07 RULES OF COMMISSIONER RULEMAKING.
61.12 	(a) As defined in Consistent with this paragraph section, the commissioner must
61.13 	shall adopt new rules and amend existing rules relative to qualifications of essential 
61.14 	personnel, courses of study, methods of instruction, pupil eligibility, size of classes, rooms, 
61.15 	equipment, supervision, parent consultation, and other necessary rules for instruction of 
61.16 	children with a disability. These rules must provide standards and procedures appropriate 
61.17 	for the implementation of and within the limitations of sections 125A.08 and 125A.091. 
61.18 	These rules must also provide standards for the discipline, control, management, and 
61.19 	protection of children with a disability. The commissioner must not adopt rules for pupils 
61.20 	served primarily in the regular classroom establishing either case loads or the maximum 
61.21 	number of pupils that may be assigned to special education teachers. The commissioner, in 
61.22 	consultation with the Departments of Health and Human Services, must adopt permanent 
61.23 	rules for instruction and services for children under age five and their families. These 
61.24 	rules are binding on state and local education, health, and human services agencies. The 
61.25 	commissioner must adopt rules to determine eligibility for special education services. The 
61.26 	rules must include procedures and standards by which to grant variances for experimental 
61.27 	eligibility criteria. The commissioner must, according to section 14.05, subdivision 4, 
61.28 	notify a district applying for a variance from the rules within 45 calendar days of receiving 
61.29 	the request whether the request for the variance has been granted or denied. If a request is 
61.30 	denied, the commissioner must specify the program standards used to evaluate the request 
61.31 	and the reasons for denying the request related to children with disabilities only under 
61.32 	specific authority and consistent with the requirements of chapter 14 and paragraph (c).
62.1 	(b) As provided in this paragraph, the state's regulatory scheme should support 
62.2 	schools by assuring that all state special education rules adopted by the commissioner 
62.3 	result in one or more of the following outcomes:
62.4 	(1) increased time available to teachers and, where appropriate, to support staff 
62.5 	including school nurses for educating students through direct and indirect instruction;
62.6 	(2) consistent and uniform access to effective education programs for students with 
62.7 	disabilities throughout the state;
62.8 	(3) reduced inequalities and conflict, appropriate due process hearing procedures 
62.9 	and reduced court actions related to the delivery of special education instruction and 
62.10 	services for students with disabilities;
62.11 	(4) clear expectations for service providers and for students with disabilities;
62.12 	(5) increased accountability for all individuals and agencies that provide instruction 
62.13 	and other services to students with disabilities;
62.14 	(6) greater focus for the state and local resources dedicated to educating students 
62.15 	with disabilities; and
62.16 	(7) clearer standards for evaluating the effectiveness of education and support 
62.17 	services for students with disabilities.
62.18 	(c) Subject to chapter 14, the commissioner may adopt, amend, or rescind a rule 
62.19 	related to children with disabilities if such action is specifically required by federal law.

62.20 	Sec. 5. Minnesota Statutes 2008, section 125A.08, is amended to read:
62.21 	125A.08 SCHOOL DISTRICT OBLIGATIONS INDIVIDUALIZED 
62.22 	EDUCATION PROGRAMS.
62.23 	(a) At the beginning of each school year, each school district shall have in effect, for 
62.24 	each child with a disability, an individualized education program.
62.25 	(b) As defined in this section, every district must ensure the following:
62.26 	(1) all students with disabilities are provided the special instruction and services 
62.27 	which are appropriate to their needs. Where the individual education plan team has 
62.28 	determined appropriate goals and objectives based on the student's needs, including the 
62.29 	extent to which the student can be included in the least restrictive environment, and Where 
62.30 	there are essentially equivalent and effective instruction, related services, or assistive 
62.31 	technology devices available to meet the student's needs, cost to the district may be among 
62.32 	the factors considered by the team in choosing how to provide the appropriate services, 
62.33 	instruction, or devices that are to be made part of the student's individual education plan. 
62.34 	The individual education plan team shall consider and may authorize services covered 
62.35 	by medical assistance according to section 256B.0625, subdivision 26. The student's 
63.1 	needs and the special education instruction and services to be provided must be agreed 
63.2 	upon through the development of an individual education plan. The plan must address 
63.3 	the student's need to develop skills to live and work as independently as possible within 
63.4 	the community. The individual education plan team must consider positive behavioral 
63.5 	interventions, strategies, and supports that address behavior for children with attention 
63.6 	deficit disorder or attention deficit hyperactivity disorder. By During grade 9 or age 14, 
63.7 	the plan must address the student's needs for transition from secondary services to 
63.8 	postsecondary education and training, employment, community participation, recreation, 
63.9 	and leisure and home living. In developing the plan, districts must inform parents of the 
63.10 	full range of transitional goals and related services that should be considered. The plan 
63.11 	must include a statement of the needed transition services, including a statement of the 
63.12 	interagency responsibilities or linkages or both before secondary services are concluded;
63.13 	(2) children with a disability under age five and their families are provided special 
63.14 	instruction and services appropriate to the child's level of functioning and needs;
63.15 	(3) children with a disability and their parents or guardians are guaranteed procedural 
63.16 	safeguards and the right to participate in decisions involving identification, assessment 
63.17 	including assistive technology assessment, and educational placement of children with a 
63.18 	disability;
63.19 	(4) eligibility and needs of children with a disability are determined by an initial 
63.20 	assessment or reassessment, which may be completed using existing data under United 
63.21 	States Code, title 20, section 33, et seq.;
63.22 	(5) to the maximum extent appropriate, children with a disability, including those 
63.23 	in public or private institutions or other care facilities, are educated with children who 
63.24 	are not disabled, and that special classes, separate schooling, or other removal of children 
63.25 	with a disability from the regular educational environment occurs only when and to the 
63.26 	extent that the nature or severity of the disability is such that education in regular classes 
63.27 	with the use of supplementary services cannot be achieved satisfactorily;
63.28 	(6) in accordance with recognized professional standards, testing and evaluation 
63.29 	materials, and procedures used for the purposes of classification and placement of children 
63.30 	with a disability are selected and administered so as not to be racially or culturally 
63.31 	discriminatory; and
63.32 	(7) the rights of the child are protected when the parents or guardians are not known 
63.33 	or not available, or the child is a ward of the state.
63.34 	(b) (c) For paraprofessionals employed to work in programs for students with 
63.35 	disabilities, the school board in each district shall ensure that:
64.1 	(1) before or immediately upon employment, each paraprofessional develops 
64.2 	sufficient knowledge and skills in emergency procedures, building orientation, roles and 
64.3 	responsibilities, confidentiality, vulnerability, and reportability, among other things, to 
64.4 	begin meeting the needs of the students with whom the paraprofessional works;
64.5 	(2) annual training opportunities are available to enable the paraprofessional to 
64.6 	continue to further develop the knowledge and skills that are specific to the students with 
64.7 	whom the paraprofessional works, including understanding disabilities, following lesson 
64.8 	plans, and implementing follow-up instructional procedures and activities; and
64.9 	(3) a districtwide process obligates each paraprofessional to work under the ongoing 
64.10 	direction of a licensed teacher and, where appropriate and possible, the supervision of a 
64.11 	school nurse.

64.12 	Sec. 6. Minnesota Statutes 2008, section 125A.091, is amended to read:
64.13 	125A.091 ALTERNATIVE DISPUTE RESOLUTION AND DUE PROCESS 
64.14 	HEARINGS.
64.15 		Subdivision 1.District obligation. A school district must use the procedures in 
64.16 	federal law and state law and rule to reach decisions about the identification, evaluation, 
64.17 	educational placement, manifestation determination, interim alternative educational 
64.18 	placement, or the provision of a free appropriate public education to a child with a 
64.19 	disability.
64.20 		Subd. 2.Prior written notice. A parent must receive prior written notice 
64.21 	a reasonable time before the district proposes or refuses to initiate or change the 
64.22 	identification, evaluation, educational placement, or the provision of a free appropriate 
64.23 	public education to a child with a disability.
64.24 		Subd. 3.Content of notice. The notice under subdivision 2 must:
64.25 	(1) describe the action the district proposes or refuses;
64.26 	(2) explain why the district proposes or refuses to take the action;
64.27 	(3) describe any other option the district considered and the reason why it rejected 
64.28 	the option;
64.29 	(4) describe each evaluation procedure, test, record, or report the district used as a 
64.30 	basis for the proposed or refused action;
64.31 	(5) describe any other factor affecting the proposal or refusal of the district to take 
64.32 	the action;
64.33 	(6) state that the parent of a child with a disability is protected by procedural 
64.34 	safeguards and, if this notice is not an initial referral for evaluation, how a parent can get a 
64.35 	description of the procedural safeguards; and
65.1 	(7) identify where a parent can get help in understanding this law.
65.2 		Subd. 3a.Additional requirements for prior written notice. In addition to federal 
65.3 	law requirements, a prior written notice shall:
65.4 	(1) inform the parent that except for the initial placement of a child in special 
65.5 	education, the school district will proceed with its proposal for the child's placement or 
65.6 	for providing special education services unless the child's parent notifies the district of 
65.7 	an objection within 14 days of when the district sends the prior written notice to the 
65.8 	parent; and
65.9 	(2) state that a parent who objects to a proposal or refusal in the prior written notice 
65.10 	may request a conciliation conference under subdivision 7 or another alternative dispute 
65.11 	resolution procedure under subdivision 8 or 9.
65.12 		Subd. 4.Understandable notice. (a) The written notice under subdivision 2 must 
65.13 	be understandable to the general public and available in the parent's native language or by 
65.14 	another communication form, unless it is clearly not feasible to do so.
65.15 	(b) If the parent's native language or other communication form is not written, 
65.16 	the district must take steps to ensure that:
65.17 	(1) the notice is translated orally or by other means to the parent in the parent's 
65.18 	native language or other communication form;
65.19 	(2) the parent understands the notice; and
65.20 	(3) written evidence indicates the requirements in subdivision 2 are met.
65.21 		Subd. 5.Initial action; parent consent. (a) The district must not proceed with the 
65.22 	initial evaluation of a child, the initial placement of a child in a special education program, 
65.23 	or the initial provision of special education services for a child without the prior written 
65.24 	consent of the child's parent. A district may not override the written refusal of a parent to 
65.25 	consent to an initial evaluation or reevaluation.
65.26 	(b) A parent, after consulting with health care, education, or other professional 
65.27 	providers, may agree or disagree to provide the parent's child with sympathomimetic 
65.28 	medications unless section 144.344 applies. 
65.29 		Subd. 6.Dispute resolution processes; generally. Parties are encouraged to 
65.30 	resolve disputes over the identification, evaluation, educational placement, manifestation 
65.31 	determination, interim alternative educational placement, or the provision of a free 
65.32 	appropriate public education to a child with a disability through conciliation, mediation, 
65.33 	facilitated team meetings, or other alternative process. All dispute resolution options are 
65.34 	voluntary on the part of the parent and must not be used to deny or delay the right to a 
65.35 	due process hearing. All dispute resolution processes under this section are provided 
65.36 	at no cost to the parent.
66.1 		Subd. 7.Conciliation conference. A parent must have an opportunity to meet 
66.2 	with appropriate district staff in at least one conciliation conference if the parent objects 
66.3 	to any proposal of which the parent receives notice under subdivision 2 3a. If the parent 
66.4 	refuses district efforts to conciliate the dispute, the conciliation requirement is satisfied. 
66.5 	Following a conciliation conference A district must hold a conciliation conference within 
66.6 	ten calendar days from the date the district receives a parent's objection to a proposal or 
66.7 	refusal in the prior written notice. Except as provided in this section, all discussions held 
66.8 	during a conciliation conference are confidential and are not admissible in a due process 
66.9 	hearing. Within five school days after the final conciliation conference, the district must 
66.10 	prepare and provide to the parent a conciliation conference memorandum that describes 
66.11 	the district's final proposed offer of service. This memorandum is admissible in evidence 
66.12 	in any subsequent proceeding.
66.13 		Subd. 8.Voluntary dispute resolution options. In addition to offering at least 
66.14 	one conciliation conference, a district must inform a parent of other dispute resolution 
66.15 	processes, including at least mediation and facilitated team meetings. The fact that 
66.16 	an alternative dispute resolution process was used is admissible in evidence at any 
66.17 	subsequent proceeding. State-provided mediators and team meeting facilitators shall not 
66.18 	be subpoenaed to testify at a due process hearing or civil action under federal special 
66.19 	education law nor are any records of mediators or state-provided team meeting facilitators 
66.20 	accessible to the parties.
66.21 		Subd. 9.Mediation. Mediation is a dispute resolution process that involves a 
66.22 	neutral party provided by the state to assist a parent and a district in resolving disputes 
66.23 	over the identification, evaluation, educational placement, manifestation determination, 
66.24 	interim alternative educational placement, or the provision of a free appropriate public 
66.25 	education to a child with a disability. A mediation process is available as an informal 
66.26 	alternative to a due process hearing but must not be used to deny or postpone the 
66.27 	opportunity of a parent or district to obtain a due process hearing. Mediation is voluntary 
66.28 	for all parties. All mediation discussions are confidential and inadmissible in evidence 
66.29 	in any subsequent proceeding, unless the:
66.30 	(1) parties expressly agree otherwise;
66.31 	(2) evidence is otherwise available; or
66.32 	(3) evidence is offered to prove bias or prejudice of a witness.
66.33 		Subd. 10.Mediated agreements. Mediated agreements are not admissible unless 
66.34 	the parties agree otherwise or a party to the agreement believes the agreement is not being 
66.35 	implemented, in which case the aggrieved party may enter the agreement into evidence at 
66.36 	a due process hearing. The parties may request another mediation to resolve a dispute over 
67.1 	implementing the mediated agreement. After a due process hearing is requested, a party 
67.2 	may request mediation and the commissioner must provide a mediator who conducts a 
67.3 	mediation session no later than the third business day after the mediation request is made 
67.4 	to the commissioner. If the parties resolve all or a portion of the dispute, or agree to use 
67.5 	another procedure to resolve the dispute, the mediator shall ensure that the resolution 
67.6 	or agreement is in writing and signed by the parties and each party is given a copy of 
67.7 	the document. The written resolution or agreement shall state that all discussions that 
67.8 	occurred during mediation are confidential and may not be used as evidence in any hearing 
67.9 	or civil proceeding. The resolution or agreement is legally binding upon the parties and is 
67.10 	enforceable in the state or federal district court. A party may request another mediation to 
67.11 	resolve a dispute over implementing the mediated agreement.
67.12 		Subd. 11.Facilitated team meeting. A facilitated team meeting is an IEP, IFSP, 
67.13 	or IIIP team meeting led by an impartial state-provided facilitator to promote effective 
67.14 	communication and assist a team in developing an individualized education plan.
67.15 		Subd. 12.Impartial due process hearing. (a) A parent or a district is entitled to 
67.16 	an impartial due process hearing conducted by the state when a dispute arises over the 
67.17 	identification, evaluation, educational placement, manifestation determination, interim 
67.18 	alternative educational placement, or the provision of a free appropriate public education 
67.19 	to a child with a disability. The hearing must be held in the district responsible for 
67.20 	ensuring that a free appropriate public education is provided according to state and federal 
67.21 	law. The proceedings must be recorded and preserved, at state expense, pending ultimate 
67.22 	disposition of the action. The parent and the district shall receive, at state expense, a copy 
67.23 	of the hearing transcript or recording and the hearing officer's findings of fact, conclusion 
67.24 	of law, and decisions.
67.25 	(b) The due process hearing must be conducted according to the rules of the 
67.26 	commissioner and federal law.
67.27 		Subd. 13.Hearing officer qualifications. The commissioner must appoint an 
67.28 	individual who is qualified under this subdivision to serve as a hearing officer. The 
67.29 	commissioner shall maintain a list of qualified hearing officers who are not employees of 
67.30 	or otherwise under contract with the department or the school district except when under 
67.31 	contract with the department as a hearing officer, and who do not have a personal or 
67.32 	professional interest that conflicts with their objectivity when serving as hearing officers 
67.33 	in hearings under this section. The list shall include a statement of the qualifications of 
67.34 	each person listed. A hearing officer must know and understand state and federal special 
67.35 	education laws, rules, and regulations, and legal interpretations by federal and state courts. 
67.36 	A hearing officer also must have the knowledge and ability to conduct hearings and render 
68.1 	and write decisions according to appropriate, standard legal practice. Upon receipt of a 
68.2 	written request for a hearing, the commissioner shall appoint a hearing officer from the 
68.3 	list. The hearing officer must:
68.4 	(1) be knowledgeable and impartial;
68.5 	(2) have no personal interest in or specific involvement with the student who is a 
68.6 	party to the hearing;
68.7 	(3) not have been employed as an administrator by the district that is a party to 
68.8 	the hearing;
68.9 	(4) not have been involved in selecting the district administrator who is a party 
68.10 	to the hearing;
68.11 	(5) have no personal, economic, or professional interest in the outcome of the 
68.12 	hearing other than properly administering federal and state laws, rules, and policies;
68.13 	(6) have no substantial involvement in developing state or local policies or 
68.14 	procedures challenged in the hearing;
68.15 	(7) not be a current employee or board member of a Minnesota public school district, 
68.16 	education district, intermediate unit or regional education agency, or the department if 
68.17 	the department is the service provider; and
68.18 	(8) not be a current employee or board member of a disability advocacy organization 
68.19 	or group.
68.20 		Subd. 14.Request for hearing. A request for a due process hearing must:
68.21 	(1) be in writing;
68.22 	(2) describe the nature of the dispute about providing special education services to 
68.23 	the student including facts relating to the dispute; and
68.24 	(3) state, to the extent known, the relief sought.
68.25 	Any school district administrator receiving a request for a due process hearing 
68.26 	must immediately forward the request to the commissioner. Within two business days of 
68.27 	receiving a request for a due process hearing, the commissioner must appoint a hearing 
68.28 	officer. The commissioner must not deny a request for hearing because the request 
68.29 	is incomplete. A party may disqualify a hearing officer only by affirmatively showing 
68.30 	prejudice or bias to the commissioner or to the chief administrative law judge if the hearing 
68.31 	officer is an administrative law judge. If a party affirmatively shows prejudice against a 
68.32 	hearing officer, the commissioner must assign another hearing officer to hear the matter. (a) 
68.33 	A parent or a school district may file a written request for a due process hearing regarding 
68.34 	a proposal or refusal to initiate or change that child's evaluation, individualized education 
68.35 	program, or educational placement, or to provide a free appropriate public education.
69.1 	(b) The parent shall include in the hearing request the name of the child, the address 
69.2 	of the child's residence, the name of the school the child attends, a description of the 
69.3 	child's problem relating to the proposed or refused initiation or change, including facts 
69.4 	relating to the problem, and a proposed resolution of the problem to the extent known 
69.5 	and available to the parents at the time.
69.6 	(c) A parent or a school district may file a written request for a hearing under United 
69.7 	States Code, title 20, section 1415, paragraph (k).
69.8 	(d) A parent or school district filing a request for a hearing under this subdivision 
69.9 	must provide the request to the other party and a copy of the request to the department. 
69.10 	Upon receiving a request for a hearing, the department shall give to the child's parent a 
69.11 	copy of the procedural safeguards notice available to a parent under federal regulations.
69.12 	(e)(1) If the parent of a child with a disability files a written request for a hearing, 
69.13 	and the school district has not previously sent a written notice to the parent under 
69.14 	subdivision 3a, regarding the subject matter of the hearing request, the school district 
69.15 	shall, within ten days of receiving the hearing request, send to the child's parent a written 
69.16 	explanation of why the school district proposed or refused to take the action raised in the 
69.17 	hearing request, a description of other options that the individualized education program 
69.18 	team considered and the reason why those options were rejected, a description of each 
69.19 	evaluation procedure, assessment, record, or report that the school district used as the 
69.20 	basis for the proposed or refused action, and a description of the factors that are relevant 
69.21 	to the school district's proposal or refusal. A response by a school district under this 
69.22 	subdivision does not preclude the school district from asserting that the parent's request 
69.23 	for a hearing is insufficient under clause (2).
69.24 	(2) A hearing may not occur until the party requesting the hearing files a request that 
69.25 	meets the requirements of paragraph (b). The request under paragraph (b) is considered 
69.26 	sufficient unless the party receiving the request notifies the hearing officer and the other 
69.27 	party in writing within 15 days of receiving the request that the receiving party believes 
69.28 	the request does not meet the requirements of paragraph (b). Within five days of receiving 
69.29 	a notice under this subdivision, the hearing officer shall determine whether the request 
69.30 	meets the requirements under paragraph (b) and notify the parties.
69.31 	(f) Except as provided in paragraph (e), clause (1), the party receiving a request for a 
69.32 	hearing shall send to the party requesting the hearing a written response that addresses the 
69.33 	issues raised in the hearing request within ten days of receiving the request.
69.34 		Subd. 15.Prehearing conference. A prehearing conference must be held within 
69.35 	five business days of the date the commissioner appoints the hearing officer. The hearing 
69.36 	officer must initiate the prehearing conference which may be conducted in person, at a 
70.1 	location within the district, or by telephone. The hearing officer must create a written 
70.2 	verbatim record of the prehearing conference which is available to either party upon 
70.3 	request. At the prehearing conference, the hearing officer must:
70.4 	(1) identify the questions that must be answered to resolve the dispute and eliminate 
70.5 	claims and complaints that are without merit;
70.6 	(2) set a scheduling order for the hearing and additional prehearing activities;
70.7 	(3) determine if the hearing can be disposed of without an evidentiary hearing and, if 
70.8 	so, establish the schedule and procedure for doing so; and
70.9 	(4) establish the management, control, and location of the hearing to ensure its fair, 
70.10 	efficient, and effective disposition.
70.11 		Subd. 16.Burden of proof. The burden of proof at a due process hearing is on the 
70.12 	district to demonstrate, by a preponderance of the evidence, that it is complying with the 
70.13 	law and offered or provided a free appropriate public education to the child in the least 
70.14 	restrictive environment. If the district has not offered or provided a free appropriate public 
70.15 	education in the least restrictive environment and the parent wants the district to pay for a 
70.16 	private placement, the burden of proof is on the parent to demonstrate, by a preponderance 
70.17 	of the evidence, that the private placement is appropriate party seeking relief.
70.18 		Subd. 17.Admissible evidence. The hearing officer may admit all evidence 
70.19 	that possesses probative value, including hearsay, if it is the type of evidence on which 
70.20 	reasonable, prudent persons are accustomed to rely in conducting their serious affairs. The 
70.21 	hearing officer must give effect to the rules of privilege recognized by law and exclude 
70.22 	evidence that is incompetent, irrelevant, immaterial, or unduly repetitious.
70.23 		Subd. 18.Hearing officer authority. (a) A hearing officer must limit an impartial 
70.24 	due process hearing to the time sufficient for each party to present its case.
70.25 	(b) A hearing officer must establish and maintain control and manage the hearing. 
70.26 	This authority includes, but is not limited to:
70.27 	(1) requiring attorneys representing parties at the hearing, after notice and an 
70.28 	opportunity to be heard, to pay court reporting and hearing officer costs, or fines payable 
70.29 	to the state, for failing to: (i) obey scheduling or prehearing orders, (ii) appear, (iii) be 
70.30 	prepared, or (iv) participate in the hearing process in good faith;
70.31 	(2) administering oaths and affirmations;
70.32 	(3) issuing subpoenas;
70.33 	(4) determining the responsible and providing districts and joining those districts, if 
70.34 	not already notified, in the proceedings;
71.1 	(5) making decisions involving identification, evaluation, educational placement, 
71.2 	manifestation determination, interim alternative educational placement, or the provision of 
71.3 	a free appropriate public education to a child with a disability; and
71.4 	(6) ordering an independent educational evaluation of a child at district expense; and
71.5 	(7) extending the hearing decision timeline for good cause shown.
71.6 	(c) Good cause includes, but is not limited to, the time required for mediation or 
71.7 	other settlement discussions, independent educational evaluation, complexity and volume 
71.8 	of issues, or finding or changing counsel.
71.9 		Subd. 19.Expedited due process hearings. Consistent with federal law, a parent 
71.10 	has the right to or a school district may file a written request for an expedited due process 
71.11 	hearing when there is a dispute over a manifestation determination or a proposed or actual 
71.12 	placement in an interim alternative educational setting. A district has the right to an 
71.13 	expedited due process hearing when proposing or seeking to maintain placement in an 
71.14 	interim alternative educational setting. A hearing officer must hold an expedited due 
71.15 	process hearing within 20 school days of the date the expedited due process request is 
71.16 	filed and must issue a decision within ten calendar school days of after the request for a
71.17 	hearing. A hearing officer may extend by up to five additional calendar days the time for 
71.18 	issuing a decision in an expedited due process hearing. All policies in this section apply 
71.19 	to expedited due process hearings to the extent they do not conflict with federal law. A 
71.20 	resolution meeting must occur within seven days of receiving the request for an expedited 
71.21 	due process hearing unless the parent and the school district agree in writing either to 
71.22 	waive the resolution meeting or use the mediation process. The expedited due process 
71.23 	hearing may proceed unless the matter has been resolved to the satisfaction of both parties 
71.24 	within 15 days of receiving the expedited due process hearing request.
71.25 		Subd. 20.Hearing officer's decision; time period. (a) The hearing officer must 
71.26 	issue a decision within 45 calendar days of the date on which the commissioner receives 
71.27 	the request for a due process hearing ensure that not later than 45 days after the 30-day 
71.28 	period or the adjusted time periods under federal regulations expire, the hearing officer 
71.29 	reaches a final decision in the due process hearing and transmits a copy of the decision to 
71.30 	each party. A hearing officer, at the request of either party, may grant specific extensions 
71.31 	of time beyond the 45-day period under subdivision 18. The hearing officer must conduct 
71.32 	the oral arguments in a hearing at a time and place that is reasonably convenient to the 
71.33 	parents and child involved. A hearing officer is encouraged to accelerate the time line to 
71.34 	30 days for a child under the age of three whose needs change rapidly and who requires 
71.35 	quick resolution of a dispute. A hearing officer may not extend the time beyond the 45-day 
71.36 	period unless requested by either party for good cause shown on the record. Extensions 
72.1 	of time must not exceed a total of 30 calendar days unless both parties and the hearing 
72.2 	officer agree or time is needed to complete an independent educational evaluation. Good 
72.3 	cause includes, but is not limited to, the time required for mediation or other settlement 
72.4 	discussions, independent educational evaluation, complexity and volume of issues, or 
72.5 	finding or changing counsel.
72.6 	(b) The hearing officer's decision must:
72.7 	(1) be in writing;
72.8 	(2) state the controlling and material facts upon which the decision is made in order 
72.9 	to apprise the reader of the basis and reason for the decision; and
72.10 	(3) be based on local standards, state statute, the rules of the commissioner, and 
72.11 	federal law.
72.12 	(b) Once the hearing officer has issued a final decision, the hearing officer lacks 
72.13 	authority to amend the decision except for clerical or mathematical errors.
72.14 	(c) Nothing in this subdivision precludes a hearing officer from ordering a school 
72.15 	district to comply with federal procedural safeguards under the federal Individuals with 
72.16 	Disabilities Education Act.
72.17 		Subd. 21.Compensatory educational services. The hearing officer may require 
72.18 	the resident or responsible district to provide compensatory educational services to the 
72.19 	child if the hearing officer finds that the district has not offered or made available to 
72.20 	the child a free appropriate public education in the least restrictive environment and the 
72.21 	child suffered a loss of educational benefit. Such services take the form of direct and 
72.22 	indirect special education and related services designed to address any loss of educational 
72.23 	benefit that may have occurred. The hearing officer's finding must be based on a present 
72.24 	determination of whether the child has suffered a loss of educational benefit.
72.25 		Subd. 22.Child's educational placement during due process hearing. (a) Until a 
72.26 	due process hearing under this section is completed or the district and the parent agree 
72.27 	otherwise, the child must remain in the child's current educational placement and must 
72.28 	not be denied initial admission to school.
72.29 	(b) Until an expedited due process hearing challenging an interim alternative 
72.30 	educational placement is completed, the child must remain in the interim alternative 
72.31 	educational setting until the decision of the hearing officer or the expiration of the 45 days 
72.32 	permitted for an interim alternative educational setting, whichever occurs first, unless the 
72.33 	parent and district agree otherwise.
72.34 		Subd. 23.Implementation of hearing officer order. (a) That portion of a hearing 
72.35 	officer's decision granting relief requested by the parent must be implemented upon 
72.36 	issuance.
73.1 	(b) Except as provided under paragraph (a) or the district and parent agree otherwise, 
73.2 	following a hearing officer's decision granting relief requested by the district, the child 
73.3 	must remain in the current educational placement until the time to request judicial review 
73.4 	under subdivision 24 expires or, if judicial review is requested, at the time the Minnesota 
73.5 	Court of Appeals or the federal district court issues its decision, whichever is later.
73.6 		Subd. 24.Review of hearing officer decisions. The parent or district may seek 
73.7 	review of the hearing officer's decision in the Minnesota Court of Appeals or in the federal 
73.8 	district court, consistent with federal law. A party must appeal to the Minnesota Court 
73.9 	of Appeals within 60 days of receiving the hearing officer's decision and must appeal to 
73.10 	federal district court within 90 days of receiving the hearing officer's decision.
73.11 		Subd. 25.Enforcement of orders. The commissioner must monitor final hearing 
73.12 	officer decisions and ensure enforcement of hearing officer orders decisions.
73.13 		Subd. 26.Hearing officer and person conducting alternative dispute resolution 
73.14 	are state employees. A hearing officer or person conducting alternative dispute resolution 
73.15 	under this section is an employee of the state under section 3.732 for purposes of section 
73.16 	3.736 only. 
73.17 		Subd. 27.Hearing officer training. A hearing officer must participate in training 
73.18 	and follow procedures established offered by the commissioner.
73.19 		Subd. 28.District liability. A district is not liable for harmless technical violations 
73.20 	of this section or rules implementing this section federal or state laws, rules, or regulations 
73.21 	governing special education if the school district can demonstrate on a case-by-case basis
73.22 	that the violations did not harm a student's educational progress or the parent's right to 
73.23 	notice, participation, or due process. This subdivision is applicable to due process hearings 
73.24 	and special education complaints filed with the department.

73.25 	Sec. 7. [125A.094] RESTRICTIVE PROCEDURES FOR CHILDREN WITH 
73.26 	DISABILITIES.
73.27 	The use of restrictive procedures for children with disabilities is governed by 
73.28 	sections 125A.0941 and 125A.0942, and must be consistent with this chapter.

73.29 	EFFECTIVE DATE. This section is effective July 1, 2010.

73.30 	Sec. 8. [125A.0941] DEFINITIONS.
73.31 	(a) The following terms have the meanings given them.
73.32 	(b) "Emergency" means a situation where immediate intervention is needed to protect 
73.33 	a child or other individual from physical injury or to prevent serious property damage.
74.1 	(c) "Positive behavioral interventions and supports" means interventions and 
74.2 	strategies to improve the school environment and teach children the skills to behave 
74.3 	appropriately.
74.4 	(d) "Physical holding" means physical intervention intended to hold a child immobile 
74.5 	or limit a child's movement and where body contact is the only source of physical restraint. 
74.6 	The term "physical holding" does not mean physical contact that:
74.7 	(1) helps a child respond or complete a task;
74.8 	(2) comforts or assists a child without restricting the child's movement;
74.9 	(3) is needed to administer an authorized health-related service or procedure; or
74.10 	(4) is needed to physically escort a child.
74.11 	(e) "Restrictive procedures" means the use of physical holding or seclusion in an 
74.12 	emergency that is involuntary or unintended by the child, deprives the child of mobility, or 
74.13 	is adverse to that child.
74.14 	(f) "Seclusion" means confining a child alone in a locked room from which the child 
74.15 	can not exit but may be quickly removed if a fire or other disaster occurs. Time-out is 
74.16 	not seclusion.
74.17 	(g) "Time-out" means removing a child from an activity to a location where the child 
74.18 	cannot participate or observe the activity and may include moving or ordering a child to 
74.19 	an unlocked room.

74.20 	EFFECTIVE DATE. This section is effective July 1, 2010.

74.21 	Sec. 9. [125A.0942] STANDARDS FOR RESTRICTIVE PROCEDURES.
74.22 		Subdivision 1.Restrictive procedures plan. (a) Schools shall maintain and make 
74.23 	publicly accessible an allowable restrictive procedures plan for children that includes at 
74.24 	least the following:
74.25 	(1) the list of restrictive procedures the school intends to use;
74.26 	(2) how the school will monitor the use of restrictive procedures, including 
74.27 	conducting post-use debriefings and convening an oversight committee;
74.28 	(3) a written description and verification of the training staff completed under 
74.29 	subdivision 5; and
74.30 	(4) how the school will periodically review the use of restrictive procedures on a 
74.31 	child and systemwide basis within a school or district.
74.32 	(b) In reviewing the use of restrictive procedures, the school or district must consider:
74.33 	(1) any pattern or problems indicated by similarities in the time of day, day of the 
74.34 	week, duration of the use of a procedure, individuals involved, or other factors related to 
74.35 	using restrictive procedures consistent with subdivision 2;
75.1 	(2) any injuries resulting from the use of restrictive procedures;
75.2 	(3) actions needed to correct deficiencies in how the school implements restrictive 
75.3 	procedures;
75.4 	(4) an assessment of when restrictive procedures could be avoided; and
75.5 	(5) proposed actions to limit use of physical holding or seclusion.
75.6 		Subd. 2.Restrictive procedures. (a) Restrictive procedures may be used only by a 
75.7 	licensed special education teacher, school social worker, school psychologist, behavior 
75.8 	analyst certified by the National Behavior Analyst Certification Board, other licensed 
75.9 	education professional, paraprofessional under section 120B.363, or mental health 
75.10 	professional under section 245.4871, subdivision 27, who has completed the training 
75.11 	program under subdivision 5.
75.12 	(b) A school shall make reasonable efforts to notify the parent on the same day 
75.13 	a restrictive procedure is used on the child or as indicated by the child's parent under 
75.14 	paragraph (e).
75.15 	(c) When restrictive procedures are used twice in 30 days or when a pattern emerges 
75.16 	and restrictive procedures are not included in a child's individualized education plan, the 
75.17 	district must hold a meeting of the individualized education plan team, conduct or review 
75.18 	a functional behavioral analysis, review data, develop additional or revised positive 
75.19 	behavioral interventions and support, propose actions to reduce the use of restrictive 
75.20 	procedures, and modify the individualized education plan or behavior intervention plan as 
75.21 	appropriate. At the meeting, the team must review and include in the child's individualized 
75.22 	education plan any known medical or psychological limitations that contraindicate the use 
75.23 	of a restrictive procedure, and prohibit that restrictive procedure.
75.24 	(d) An individualized education plan team may plan for using restrictive procedures 
75.25 	and may include these procedures in a child's individualized education plan.
75.26 	(e) Restrictive procedures may be included in the child's individualized education 
75.27 	plan but are not considered part of the pupil's behavior intervention plan and can only be 
75.28 	used in an emergency, consistent with this section. The individualized education plan shall 
75.29 	indicate how the parent wants to be notified when a restrictive procedure is used.
75.30 		Subd. 3.Physical holding or seclusion. Physical holding or seclusion may be used 
75.31 	only in an emergency. A school that uses physical holding or seclusion shall meet the 
75.32 	following requirements:
75.33 	(1) the physical holding or seclusion must be the least intrusive intervention that 
75.34 	effectively responds to the emergency;
75.35 	(2) physical holding or seclusion must end when the threat of harm ends and the 
75.36 	staff determines that the child can safely return to the classroom or activity;
76.1 	(3) staff must constantly and directly observe the child while physical holding or 
76.2 	seclusion is being used;
76.3 	(4) each time physical holding or seclusion is used, the staff person who implements 
76.4 	or oversees the physical holding or seclusion shall document, as soon as possible after the 
76.5 	incident concludes, the following information:
76.6 	(i) a detailed description of the incident that led to the physical holding or seclusion;
76.7 	(ii) why a less restrictive measure failed or was determined by staff to be 
76.8 	inappropriate or impractical;
76.9 	(iii) the time the physical holding or seclusion began and the time the child was 
76.10 	released; and
76.11 	(iv) a brief record of the child's behavioral and physical status;
76.12 	(5) the room used for seclusion must:
76.13 	(i) be at least six feet by five feet;
76.14 	(ii) be well lit, well ventilated, and clean;
76.15 	(iii) have a window that allows staff to directly observe a child in seclusion;
76.16 	(iv) have tamperproof fixtures, electrical switches located immediately outside the 
76.17 	door, and secure ceilings;
76.18 	(v) have doors that open out and are unlocked, locked with keyless locks that 
76.19 	have immediate release mechanisms, or locked with locks that have immediate release 
76.20 	mechanisms connected with a fire and emergency system; and
76.21 	(vi) not contain objects that a child may use to injure the child or others; and
76.22 	(6) before using a room for seclusion, a school must:
76.23 	(i) receive written notice from local authorities regarding its compliance with 
76.24 	applicable building, fire, and safety codes; and
76.25 	(ii) register the room with the commissioner, who may view that room.
76.26 		Subd. 4.Prohibitions. The following actions or procedures are prohibited:
76.27 	(1) engaging in conduct prohibited under section 121A.58;
76.28 	(2) requiring a child to assume and maintain a specified physical position, activity, 
76.29 	or posture that induces physical pain;
76.30 	(3) totally or partially restricting a child's senses, except at a level of intrusiveness 
76.31 	that does not exceed:
76.32 	(i) placing a hand in front of a child's eyes as a visual screen; or
76.33 	(ii) playing music through earphones worn by the child at a sound level that causes 
76.34 	discomfort;
76.35 	(4) presenting an intense sound, light, or other sensory stimuli using smell, taste, 
76.36 	substance, or spray;
77.1 	(5) denying or restricting a child's access to equipment and devices such as walkers, 
77.2 	wheelchairs, hearing aids, and communication boards that facilitate the child's functioning, 
77.3 	except when temporarily removing the equipment or device is needed to prevent injury 
77.4 	to the child or others or serious damage to the equipment or device, in which case the 
77.5 	equipment or device shall be returned to the child as soon as possible;
77.6 	(6) interacting with a child in a manner that constitutes sexual abuse, neglect, or 
77.7 	physical abuse under section 626.556;
77.8 	(7) withholding regularly scheduled meals or water;
77.9 	(8) denying access to bathroom facilities; and
77.10 	(9) physical holding that restricts a child's ability to breathe.
77.11 		Subd. 5.Training for staff. (a) To meet the requirements of subdivision 1, 
77.12 	paragraph (a), clause (4), staff who use restrictive procedures shall successfully complete 
77.13 	training in the following skills and knowledge areas before using restrictive procedures 
77.14 	with a child:
77.15 	(1) positive behavioral interventions;
77.16 	(2) communicative intent of behaviors;
77.17 	(3) relationship building;
77.18 	(4) alternatives to restrictive procedures, including techniques to identify events and 
77.19 	environmental factors that may escalate behavior;
77.20 	(5) de-escalation methods;
77.21 	(6) avoiding power struggles;
77.22 	(7) standards for using restrictive procedures;
77.23 	(8) obtaining emergency medical assistance;
77.24 	(9) time limits for restrictive procedures;
77.25 	(10) obtaining approval for using restrictive procedures;
77.26 	(11) appropriate use of approved restrictive procedures including simulated 
77.27 	experiences involving physical restraint;
77.28 	(12) thresholds for using and stopping restrictive procedures;
77.29 	(13) the physiological and psychological impact of physical holding and seclusion;
77.30 	(14) monitoring and responding to a child's physical signs of distress when physical 
77.31 	holding is being used; and
77.32 	(15) recognizing the symptoms of and interventions that may cause positional 
77.33 	asphyxia when physical holding is used.
77.34 	(b) The commissioner, after consulting with the commissioner of human services, 
77.35 	must develop and maintain a list of training programs that satisfy the requirements of 
77.36 	paragraph (a). The district shall maintain records of staff who have been trained and the 
78.1 	organization or professional that conducted the training. The district may collaborate with 
78.2 	children's community mental health providers to coordinate trainings.
78.3 	(c) Training under this subdivision must be updated at least every two school years.
78.4 		Subd. 6.Records. For purposes of monitoring and review, a school using restrictive 
78.5 	procedures shall make data available upon request on the number and types of restrictive 
78.6 	procedures used, consistent with applicable law. Schools annually shall submit to the 
78.7 	commissioner aggregate data on the use of restrictive procedures. The commissioner shall 
78.8 	issue an annual report by December 31 of each year on the use of restrictive procedures in 
78.9 	Minnesota and post the report on the department's Web site.
78.10 		Subd. 7.Behavior supports. School districts must establish effective schoolwide 
78.11 	systems of positive behavior supports and may use restrictive procedures only in 
78.12 	emergencies. Nothing in this section precludes the use of reasonable force under sections 
78.13 	121A.582 and 609.379.

78.14 	EFFECTIVE DATE. This section is effective July 1, 2010.

78.15 	Sec. 10. Minnesota Statutes 2008, section 125A.15, is amended to read:
78.16 	125A.15 PLACEMENT IN ANOTHER DISTRICT; RESPONSIBILITY.
78.17 	The responsibility for special instruction and services for a child with a disability 
78.18 	temporarily placed in another district for care and treatment shall be determined in the 
78.19 	following manner:
78.20 	(a) The district of residence of a child shall be the district in which the child's parent 
78.21 	resides, if living, or the child's guardian, or the district designated by the commissioner if 
78.22 	neither parent nor guardian is living within the state.
78.23 	(b) If a district other than the resident district places a pupil for care and treatment, 
78.24 	the district placing the pupil must notify and give the resident district an opportunity to 
78.25 	participate in the placement decision. When an immediate emergency placement of a 
78.26 	pupil is necessary and time constraints foreclose a resident district from participating in 
78.27 	the emergency placement decision, the district in which the pupil is temporarily placed 
78.28 	must notify the resident district of the emergency placement within 15 days. The resident 
78.29 	district has up to five business days after receiving notice of the emergency placement 
78.30 	to request an opportunity to participate in the placement decision, which the placing 
78.31 	district must then provide.
78.32 	(c) When a child is temporarily placed for care and treatment in a day program 
78.33 	located in another district and the child continues to live within the district of residence 
78.34 	during the care and treatment, the district of residence is responsible for providing 
79.1 	transportation to and from the care and treatment facilityprogram and an appropriate 
79.2 	educational program for the child. The resident district may establish reasonable 
79.3 	restrictions on transportation, except if a Minnesota court or agency orders the child 
79.4 	placed at a day care and treatment program and the resident district receives a copy of 
79.5 	the order, then the resident district must provide transportation to and from the program 
79.6 	unless the court or agency orders otherwise. Transportation shall only be provided by the 
79.7 	resident district during regular operating hours of the resident district. The resident district 
79.8 	may provide the educational program at a school within the district of residence, at the 
79.9 	child's residence, or in the district in which the day treatment center is located by paying 
79.10 	tuition to that district.
79.11 	(c) (d) When a child is temporarily placed in a residential program for care and 
79.12 	treatment, the nonresident district in which the child is placed is responsible for providing 
79.13 	an appropriate educational program for the child and necessary transportation while the 
79.14 	child is attending the educational program; and must bill the district of the child's residence 
79.15 	for the actual cost of providing the program, as outlined in section 125A.11, except as 
79.16 	provided in paragraph (d) (e). However, the board, lodging, and treatment costs incurred 
79.17 	in behalf of a child with a disability placed outside of the school district of residence by 
79.18 	the commissioner of human services or the commissioner of corrections or their agents, 
79.19 	for reasons other than providing for the child's special educational needs must not become 
79.20 	the responsibility of either the district providing the instruction or the district of the child's 
79.21 	residence. For the purposes of this section, the state correctional facilities operated on a 
79.22 	fee-for-service basis are considered to be residential programs for care and treatment.
79.23 	(d) (e) A privately owned and operated residential facility may enter into a contract 
79.24 	to obtain appropriate educational programs for special education children and services 
79.25 	with a joint powers entity. The entity with which the private facility contracts for special 
79.26 	education services shall be the district responsible for providing students placed in that 
79.27 	facility an appropriate educational program in place of the district in which the facility is 
79.28 	located. If a privately owned and operated residential facility does not enter into a contract 
79.29 	under this paragraph, then paragraph (c) (d) applies.
79.30 	(e) (f) The district of residence shall pay tuition and other program costs, not 
79.31 	including transportation costs, to the district providing the instruction and services. 
79.32 	The district of residence may claim general education aid for the child as provided by 
79.33 	law. Transportation costs must be paid by the district responsible for providing the 
79.34 	transportation and the state must pay transportation aid to that district.

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

80.1 	Sec. 11. Minnesota Statutes 2008, section 125A.28, is amended to read:
80.2 	125A.28 STATE INTERAGENCY COORDINATING COUNCIL.
80.3 	An Interagency Coordinating Council of at least 17, but not more than 25 members 
80.4 	is established, in compliance with Public Law 108-446, section 641. The members 
80.5 	must be appointed by the governor. Council members must elect the council chair. The 
80.6 	representative of the commissioner may not serve as the chair. The council must be 
80.7 	composed of at least five parents, including persons of color, of children with disabilities 
80.8 	under age 12, including at least three parents of a child with a disability under age seven, 
80.9 	five representatives of public or private providers of services for children with disabilities 
80.10 	under age five, including a special education director, county social service director, 
80.11 	local Head Start director, and a community health services or public health nursing 
80.12 	administrator, one member of the senate, one member of the house of representatives, one 
80.13 	representative of teacher preparation programs in early childhood-special education or 
80.14 	other preparation programs in early childhood intervention, at least one representative of 
80.15 	advocacy organizations for children with disabilities under age five, one physician who 
80.16 	cares for young children with special health care needs, one representative each from the 
80.17 	commissioners of commerce, education, health, human services, a representative from the 
80.18 	state agency responsible for child care, foster care, mental health, homeless coordinator 
80.19 	of education of homeless children and youth, and a representative from Indian health 
80.20 	services or a tribal council. Section 15.059, subdivisions 2 to 5, apply to the council. 
80.21 	The council must meet at least quarterly.
80.22 	The council must address methods of implementing the state policy of developing 
80.23 	and implementing comprehensive, coordinated, multidisciplinary interagency programs of 
80.24 	early intervention services for children with disabilities and their families.
80.25 	The duties of the council include recommending policies to ensure a comprehensive 
80.26 	and coordinated system of all state and local agency services for children under age five 
80.27 	with disabilities and their families. The policies must address how to incorporate each 
80.28 	agency's services into a unified state and local system of multidisciplinary assessment 
80.29 	practices, individual intervention plans, comprehensive systems to find children in need of 
80.30 	services, methods to improve public awareness, and assistance in determining the role of 
80.31 	interagency early intervention committees.
80.32 	On the date that Minnesota Part C Annual Performance Report is submitted to the 
80.33 	federal Office of Special Education, the council must recommend to the governor and the 
80.34 	commissioners of education, health, human services, commerce, and employment and 
80.35 	economic development policies for a comprehensive and coordinated system.
81.1 	Notwithstanding any other law to the contrary, the State Interagency Coordinating 
81.2 	Council expires on June 30, 2009 2014.

81.3 	Sec. 12. Minnesota Statutes 2008, section 125A.51, is amended to read:
81.4 	125A.51 PLACEMENT OF CHILDREN WITHOUT DISABILITIES; 
81.5 	EDUCATION AND TRANSPORTATION.
81.6 	The responsibility for providing instruction and transportation for a pupil without a 
81.7 	disability who has a short-term or temporary physical or emotional illness or disability, as 
81.8 	determined by the standards of the commissioner, and who is temporarily placed for care 
81.9 	and treatment for that illness or disability, must be determined as provided in this section.
81.10 	(a) The school district of residence of the pupil is the district in which the pupil's 
81.11 	parent or guardian resides.
81.12 	(b) When parental rights have been terminated by court order, the legal residence 
81.13 	of a child placed in a residential or foster facility for care and treatment is the district in 
81.14 	which the child resides.
81.15 	(c) Before the placement of a pupil for care and treatment, the district of residence 
81.16 	must be notified and provided an opportunity to participate in the placement decision. 
81.17 	When an immediate emergency placement is necessary and time does not permit 
81.18 	resident district participation in the placement decision, the district in which the pupil is 
81.19 	temporarily placed, if different from the district of residence, must notify the district 
81.20 	of residence of the emergency placement within 15 days of the placement. When a 
81.21 	nonresident district makes an emergency placement without first consulting with the 
81.22 	resident district, the resident district has up to five business days after receiving notice 
81.23 	of the emergency placement to request an opportunity to participate in the placement 
81.24 	decision, which the placing district must then provide.
81.25 	(d) When a pupil without a disability is temporarily placed for care and treatment 
81.26 	in a day program and the pupil continues to live within the district of residence during 
81.27 	the care and treatment, the district of residence must provide instruction and necessary 
81.28 	transportation to and from the care and treatment facilityprogram for the pupil. The 
81.29 	resident district may establish reasonable restrictions on transportation, except if a 
81.30 	Minnesota court or agency orders the child placed at a day care and treatment program 
81.31 	and the resident district receives a copy of the order, then the resident district must provide 
81.32 	transportation to and from the program unless the court or agency orders otherwise. 
81.33 	Transportation shall only be provided by the resident district during regular operating 
81.34 	hours of the resident district. The resident district may provide the instruction at a school 
81.35 	within the district of residence, at the pupil's residence, or in the case of a placement 
82.1 	outside of the resident district, in the district in which the day treatment program is located 
82.2 	by paying tuition to that district. The district of placement may contract with a facility to 
82.3 	provide instruction by teachers licensed by the state Board of Teaching.
82.4 	(e) When a pupil without a disability is temporarily placed in a residential program 
82.5 	for care and treatment, the district in which the pupil is placed must provide instruction 
82.6 	for the pupil and necessary transportation while the pupil is receiving instruction, and in 
82.7 	the case of a placement outside of the district of residence, the nonresident district must 
82.8 	bill the district of residence for the actual cost of providing the instruction for the regular 
82.9 	school year and for summer school, excluding transportation costs.
82.10 	(f) Notwithstanding paragraph (e), if the pupil is homeless and placed in a public or 
82.11 	private homeless shelter, then the district that enrolls the pupil under section 127A.47, 
82.12 	subdivision 2, shall provide the transportation, unless the district that enrolls the pupil 
82.13 	and the district in which the pupil is temporarily placed agree that the district in which 
82.14 	the pupil is temporarily placed shall provide transportation. When a pupil without a 
82.15 	disability is temporarily placed in a residential program outside the district of residence, 
82.16 	the administrator of the court placing the pupil must send timely written notice of the 
82.17 	placement to the district of residence. The district of placement may contract with a 
82.18 	residential facility to provide instruction by teachers licensed by the state Board of 
82.19 	Teaching. For purposes of this section, the state correctional facilities operated on a 
82.20 	fee-for-service basis are considered to be residential programs for care and treatment.
82.21 	(g) The district of residence must include the pupil in its residence count of pupil 
82.22 	units and pay tuition as provided in section 123A.488 to the district providing the 
82.23 	instruction. Transportation costs must be paid by the district providing the transportation 
82.24 	and the state must pay transportation aid to that district. For purposes of computing state 
82.25 	transportation aid, pupils governed by this subdivision must be included in the disabled 
82.26 	transportation category if the pupils cannot be transported on a regular school bus route 
82.27 	without special accommodations.

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

82.29 	Sec. 13. Minnesota Statutes 2008, section 125A.57, subdivision 2, is amended to read:
82.30 		Subd. 2.Assistive technology device. "Assistive technology device" means any 
82.31 	item, piece of equipment, software, or product system, whether acquired commercially 
82.32 	off the shelf, modified, or customized, that is used to increase, maintain, or improve 
82.33 	functional capabilities of children with disabilities a child with a disability. The term does 
82.34 	not include a surgically implanted medical device or a replacement of that device.

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

83.2 	Sec. 14. Minnesota Statutes 2008, section 125A.63, subdivision 2, is amended to read:
83.3 		Subd. 2.Programs. The resource centers must offer summer institutes and like 
83.4 	programsor other training programs throughout the state for deaf or hard of hearing, blind 
83.5 	or visually impaired, and multiply disabled pupils. The resource centers must also offer 
83.6 	workshops for teachers, and leadership development for teachers.
83.7 	A program offered through the resource centers must promote and develop education 
83.8 	programs offered by school districts or other organizations. The program must assist 
83.9 	school districts or other organizations to develop innovative programs.

83.10 	Sec. 15. Minnesota Statutes 2008, section 125A.63, subdivision 4, is amended to read:
83.11 		Subd. 4.Advisory committees. The commissioner shall establish an 
83.12 	advisory committee for each resource center. The advisory committees shall develop 
83.13 	recommendations regarding the resource centers and submit an annual report to the 
83.14 	commissioner on the form and in the manner prescribed by the commissioner. The 
83.15 	advisory committee for the Resource Center for the Deaf and Hard of Hearing shall meet 
83.16 	at least four times a year and submit an annual report to the commissioner, the legislature, 
83.17 	and the Commission of Deaf, DeafBlind and Hard of Hearing Minnesotans.
83.18 	The recommendations must include:
83.19 	(1) aggregate data-based education outcomes over time for deaf and hard-of-hearing 
83.20 	children, consistent with state academic standards and assessments under chapter 120B; 
83.21 	and
83.22 	(2) a data-based plan that includes evidence-based best practices known to improve 
83.23 	the educational outcomes of deaf and hard-of-hearing children.

83.24 	Sec. 16. Minnesota Statutes 2008, section 125A.744, subdivision 3, is amended to read:
83.25 		Subd. 3.Implementation. Consistent with section 256B.0625, subdivision 26, 
83.26 	school districts may enroll as medical assistance providers or subcontractors and bill 
83.27 	the Department of Human Services under the medical assistance fee for service claims 
83.28 	processing system for special education services which are covered services under chapter 
83.29 	256B, which are provided in the school setting for a medical assistance recipient, and for 
83.30 	whom the district has secured informed consent consistent with section 13.05, subdivision 
83.31 	4, paragraph (d), and section 256B.77, subdivision 2, paragraph (p), to bill for each type 
83.32 	of covered service. School districts shall be reimbursed by the commissioner of human 
83.33 	services for the federal share of individual education plan health-related services that 
84.1 	qualify for reimbursement by medical assistance, minus up to five percent retained by the 
84.2 	commissioner of human services for administrative costs, not to exceed $350,000 per 
84.3 	fiscal year. The commissioner may withhold up to five percent of each payment to a 
84.4 	school district. Following the end of each fiscal year, the commissioner shall settle up with 
84.5 	each school district in order to ensure that collections from each district for departmental 
84.6 	administrative costs are made on a pro rata basis according to federal earnings for these 
84.7 	services in each district. A school district is not eligible to enroll as a home care provider 
84.8 	or a personal care provider organization for purposes of billing home care services under 
84.9 	sections 256B.0651 and 256B.0653 to 256B.0656 until the commissioner of human 
84.10 	services issues a bulletin instructing county public health nurses on how to assess for the 
84.11 	needs of eligible recipients during school hours. To use private duty nursing services or 
84.12 	personal care services at school, the recipient or responsible party must provide written 
84.13 	authorization in the care plan identifying the chosen provider and the daily amount 
84.14 	of services to be used at school.

84.15 	Sec. 17.  REPEALER.
 84.16 	(a) Minnesota Statutes 2008, sections 121A.43; 125A.03; 125A.05; and 125A.18,
84.17 	are repealed.
84.18 	(b) Minnesota Statutes 2008, sections 121A.66; and 121A.67, subdivision 1, are 
84.19 	repealed effective July 1, 2010.
84.20 	(c) Minnesota Rules, parts 3525.0210, subparts 5, 6, 9, 13, 17, 29, 30, 34, 43, 46, 
84.21 	and 47; 3525.0400; 3525.1100, subpart 2, item F; 3525.2445; 3525.2900, subpart 5; and 
84.22 	3525.4220, are repealed effective July 1, 2010.

84.23 	ARTICLE 4
84.24 	LIBRARIES

84.25 	Section 1. Minnesota Statutes 2008, section 134.31, subdivision 4a, is amended to read:
84.26 		Subd. 4a.Services to the blind and physically handicapped people with visual 
84.27 	and physical disabilities. The Minnesota Department of Education shall provide 
84.28 	specialized services to the blind and physically handicapped people with visual and 
84.29 	physical disabilities through the Minnesota Braille and Talking Book Library for the Blind 
84.30 	and Physically Handicapped under a cooperative plan with the National Library Services 
84.31 	for the Blind and Physically Handicapped of the Library of Congress.

84.32 	Sec. 2. Minnesota Statutes 2008, section 134.31, is amended by adding a subdivision 
84.33 	to read:
85.1 		Subd. 7.Telephone or electronic meetings. (a) Notwithstanding section 13D.01, 
85.2 	the Advisory Committee for the Minnesota Braille and Talking Book Library may conduct 
85.3 	a meeting of its members by telephone or other electronic means so long as the following 
85.4 	conditions are met:
85.5 	(1) all members of the committee participating in the meeting, wherever their 
85.6 	physical locations, can hear one another and can hear all discussion and testimony;
85.7 	(2) members of the public present at the regular meeting location of the committee 
85.8 	can hear all discussion, testimony, and votes of the members of the committee;
85.9 	(3) at least one member of the committee is physically present at the regular meeting 
85.10 	location; and
85.11 	(4) all votes are conducted by roll call, so each member's vote on each issue can be 
85.12 	identified and recorded.
85.13 	(b) Each member of the committee participating in a meeting by telephone or other 
85.14 	electronic means is considered present at the meeting for purposes of determining quorum 
85.15 	and participating in all proceedings.
85.16 	(c) If telephone or other electronic means is used to conduct a meeting, to the extent 
85.17 	practical, the committee shall allow a person to monitor the meeting electronically from a 
85.18 	remote location. The committee may require the person making the connection to pay 
85.19 	for the documented additional costs that the committee incurs as a result of the additional 
85.20 	connection.
85.21 	(d) If telephone or other electronic means is used to conduct a regular, special, or 
85.22 	emergency meeting, the committee shall provide notice of the regular meeting location, 
85.23 	the fact that some members may participate by telephone or other electronic means, and 
85.24 	the provisions of paragraph (c). The timing and method of providing notice is governed 
85.25 	by section 13D.04.

85.26 	ARTICLE 5
85.27 	SELF-SUFFICIENCY AND LIFELONG LEARNING

85.28 	Section 1. Minnesota Statutes 2008, section 299A.297, is amended to read:
85.29 	299A.297 OTHER DUTIES.
85.30 	The commissioner of public safety, in consultation with the Chemical Abuse and 
85.31 	Violence Prevention Council, shall:
85.32 	(1) provide information and assistance upon request to school preassessment teams 
85.33 	established under section 121A.26and school and community advisory teams established 
85.34 	under section 121A.27;
86.1 	(2) provide information and assistance upon request to the State Board of Pharmacy 
86.2 	with respect to the board's enforcement of chapter 152;
86.3 	(3) cooperate with and provide information and assistance upon request to the 
86.4 	Alcohol and Other Drug Abuse Section in the Department of Human Services;
86.5 	(4) coordinate the policy of the office with that of the Narcotic Enforcement Unit in 
86.6 	the Bureau of Criminal Apprehension; and
86.7 	(5) coordinate the activities of the regional drug task forces, provide assistance and 
86.8 	information to them upon request, and assist in the formation of task forces in areas of 
86.9 	the state in which no task force operates.

86.10 	Sec. 2.  REPEALER.
 86.11 	Minnesota Statutes 2008, section 121A.27, is repealed.

86.12 	ARTICLE 6
86.13 	STATE AGENCIES

86.14 	Section 1. Minnesota Statutes 2008, section 127A.08, is amended by adding a 
86.15 	subdivision to read:
86.16 		Subd. 5.Grants and gifts. The commissioner may apply for and receive grants 
86.17 	and gifts administered by agencies of the state and other government or nongovernment 
86.18 	sources. Any money received is hereby appropriated and dedicated for the purpose for 
86.19 	which it is granted. The commissioner annually by February 1 must report to the education 
86.20 	policy and finance committees of the legislature the amount of money it received under 
86.21 	this subdivision and the purpose for which it was granted.

86.22 	ARTICLE 7
86.23 	TECHNICAL CORRECTIONS

86.24 	Section 1. Minnesota Statutes 2008, section 120B.021, subdivision 1, is amended to 
86.25 	read:
86.26 		Subdivision 1.Required academic standards. The following subject areas are 
86.27 	required for statewide accountability:
86.28 	(1) language arts;
86.29 	(2) mathematics;
86.30 	(3) science;
86.31 	(4) social studies, including history, geography, economics, and government and 
86.32 	citizenship;
87.1 	(5) health and physical education, for which locally developed academic standards 
87.2 	apply; and
87.3 	(6) the arts, for which statewide or locally developed academic standards apply, as 
87.4 	determined by the school district. Public elementary and middle schools must offer at least 
87.5 	three and require at least two of the following four arts areas: dance; music; theater; and 
87.6 	visual arts. Public high schools must offer at least three and require at least one of the 
87.7 	following five arts areas: media arts; dance; music; theater; and visual arts.
87.8 	The commissioner must submit proposed standards in science and social studies to 
87.9 	the legislature by February 1, 2004.
87.10 	For purposes of applicable federal law, the academic standards for language arts, 
87.11 	mathematics, and science apply to all public school students, except the very few students 
87.12 	with extreme cognitive or physical impairments for whom an individualized education 
87.13 	plan team has determined that the required academic standards are inappropriate. An 
87.14 	individualized education plan team that makes this determination must establish alternative 
87.15 	standards with appropriate alternate achievement standards based on these academic 
87.16 	standards for students with individualized education plans described under federal law.
87.17 	A school district, no later than the 2007-2008 school year, must adopt graduation 
87.18 	requirements that meet or exceed state graduation requirements established in law or 
87.19 	rule. A school district that incorporates these state graduation requirements before the 
87.20 	2007-2008 school year must provide students who enter the 9th grade in or before 
87.21 	the 2003-2004 school year the opportunity to earn a diploma based on existing locally 
87.22 	established graduation requirements in effect when the students entered the 9th grade. 
87.23 	District efforts to develop, implement, or improve instruction or curriculum as a result 
87.24 	of the provisions of this section must be consistent with sections 120B.10, 120B.11, 
87.25 	and 120B.20. 
87.26 	The commissioner must include the contributions of Minnesota American Indian 
87.27 	tribes and communities as they relate to the academic standards during the review and 
87.28 	revision of the required academic standards.

87.29 	Sec. 2. Minnesota Statutes 2008, section 122A.31, subdivision 4, is amended to read:
87.30 		Subd. 4.Reimbursement. (a) For purposes of revenue under section 125A.78
87.31 	125A.76, the Department of Education must only reimburse school districts for the 
87.32 	services of those interpreters/transliterators who satisfy the standards of competency 
87.33 	under this section.
87.34 	(b) Notwithstanding paragraph (a), a district shall be reimbursed for the services 
87.35 	of interpreters with a nonrenewable provisional certificate, interpreters/transliterators 
88.1 	employed to mentor the provisional certified interpreters, and persons for whom a 
88.2 	time-limited extension has been granted under subdivision 1, paragraph (d), or subdivision 
88.3 	2, paragraph (c).

88.4 	Sec. 3. Minnesota Statutes 2008, section 123B.14, subdivision 7, is amended to read:
88.5 		Subd. 7.Clerk records. The clerk shall keep a record of all meetings of the 
88.6 	district and the board in books provided by the district for that purpose. The clerk shall, 
88.7 	within three days after an election, notify all persons elected of their election. By August
88.8 	September 15 of each year the clerk shall file with the board a report of the revenues, 
88.9 	expenditures and balances in each fund for the preceding fiscal year. The report together 
88.10 	with vouchers and supporting documents shall subsequently be examined by a public 
88.11 	accountant or the state auditor, either of whom shall be paid by the district, as provided 
88.12 	in section 123B.77, subdivision 3. The board shall by resolution approve the report or 
88.13 	require a further or amended report. By AugustSeptember 15 of each year, the clerk shall 
88.14 	make and transmit to the commissioner certified reports, showing:
88.15 	(1) The condition and value of school property;
88.16 	(2) the revenues and expenditures in detail, and such other financial information 
88.17 	required by law, rule, or as may be called for by the commissioner;
88.18 	(3) (2) the length of school term and the enrollment and attendance by grades; and
88.19 	(4) (3) such other items of information as may be called for by the commissioner.
88.20 	The clerk shall enter in the clerk's record book copies of all reports and of the 
88.21 	teachers' term reports, as they appear in the registers, and of the proceedings of any 
88.22 	meeting as furnished by the clerk pro tem, and keep an itemized account of all the 
88.23 	expenses of the district. The clerk shall furnish to the auditor of the proper county, by 
88.24 	October 10September 30 of each year, an attested copy of the clerk's record, showing 
88.25 	the amount of moneyproposed property tax voted by the district or the board for school 
88.26 	purposes; draw and sign all orders upon the treasurer for the payment of money for bills 
88.27 	allowed by the board for salaries of officers and for teachers' wages and all claims, to be 
88.28 	countersigned by the chair. Such orders must state the consideration, payee, and the 
88.29 	fund and the clerk shall take a receipt therefor. Teachers' wages shall have preference in 
88.30 	the order in which they become due, and no money applicable for teachers' wages shall 
88.31 	be used for any other purpose, nor shall teachers' wages be paid from any fund except 
88.32 	that raised or apportioned for that purpose.

88.33 	Sec. 4. Minnesota Statutes 2008, section 123B.81, subdivision 3, is amended to read:
89.1 		Subd. 3.Debt verification. The commissioner shall establish a uniform auditing or 
89.2 	other verification procedure for districts to determine whether a statutory operating debt 
89.3 	exists in any Minnesota school district as of June 30, 1977. This procedure must identify 
89.4 	all interfund transfers made during fiscal year 1977 from a fund included in computing 
89.5 	statutory operating debt to a fund not included in computing statutory operating debt. The 
89.6 	standards for this uniform auditing or verification procedure must be promulgated by the 
89.7 	state board pursuant to chapter 14 commissioner. If a district applies to the commissioner 
89.8 	for a statutory operating debt verification or if the unaudited financial statement for the 
89.9 	school year ending June 30, 1977 reveals that a statutory operating debt might exist, the 
89.10 	commissioner shall require a verification of the amount of the statutory operating debt 
89.11 	which actually does exist.

89.12 	Sec. 5. Minnesota Statutes 2008, section 123B.81, subdivision 4, is amended to read:
89.13 		Subd. 4.Debt elimination. If an audit or other verification procedure conducted 
89.14 	pursuant to subdivision 3 determines that a statutory operating debt exists, a district 
89.15 	must follow the procedures set forth in this section 123B.83 to eliminate this statutory 
89.16 	operating debt. 

89.17 	Sec. 6. Minnesota Statutes 2008, section 123B.81, subdivision 5, is amended to read:
89.18 		Subd. 5.Certification of debt. The commissioner shall certify the amount of 
89.19 	statutory operating debt for each district. Prior to June 30, 1979, the commissioner may, 
89.20 	on the basis of corrected figures, adjust the total amount of statutory operating debt 
89.21 	certified for any district.

89.22 	Sec. 7. Minnesota Statutes 2008, section 125A.62, subdivision 8, is amended to read:
89.23 		Subd. 8.Grants and gifts. The board, through the chief administrators of the 
89.24 	academies, may apply for all competitive grants administered by agencies of the state 
89.25 	and other government or nongovernment sources. Application may not be made for 
89.26 	grants over which the board has discretion. Any funds received under this subdivision is 
89.27 	appropriated and dedicated for the purpose for which it is granted.

89.28 	Sec. 8. Minnesota Statutes 2008, section 125A.76, subdivision 1, is amended to read:
89.29 		Subdivision 1.Definitions. For the purposes of this section, the definitions in this 
89.30 	subdivision apply.
90.1 	(a) "Basic revenue" has the meaning given it in section 126C.10, subdivision 2. 
90.2 	For the purposes of computing basic revenue pursuant to this section, each child with a 
90.3 	disability shall be counted as prescribed in section 126C.05, subdivision 1.
90.4 	(b) "Essential personnel" means teachers, cultural liaisons, related services, and 
90.5 	support services staff providing direct services to students. Essential personnel may also 
90.6 	include special education paraprofessionals or clericals providing support to teachers and 
90.7 	students by preparing paperwork and making arrangements related to special education 
90.8 	compliance requirements, including parent meetings and individual education plans.
90.9 	Essential personnel does not include administrators and supervisors.
90.10 	(c) "Average daily membership" has the meaning given it in section 126C.05.
90.11 	(d) "Program growth factor" means 1.046 for fiscal year 2012 and later.

90.12 	Sec. 9. Minnesota Statutes 2008, section 126C.10, subdivision 34, is amended to read:
90.13 		Subd. 34.Basic alternative teacher compensation aid. (a) For fiscal years 
90.14 	2007 and later 2008, and 2009, the basic alternative teacher compensation aid for a 
90.15 	school district with a plan approved under section 122A.414, subdivision 2b, equals 65
90.16 	73.1 percent of the alternative teacher compensation revenue under section 122A.415, 
90.17 	subdivision 1. The basic alternative teacher compensation aid for an intermediate school 
90.18 	district or charter school with a plan approved under section 122A.414, subdivisions 2a 
90.19 	and 2b, if the recipient is a charter school, equals $260 times the number of pupils enrolled 
90.20 	in the school on October 1 of the previous fiscal year, or on October 1 of the current fiscal 
90.21 	year for a charter school in the first year of operation, times the ratio of the sum of the 
90.22 	alternative teacher compensation aid and alternative teacher compensation levy for all 
90.23 	participating school districts to the maximum alternative teacher compensation revenue 
90.24 	for those districts under section 122A.415, subdivision 1.
90.25 	(b) For fiscal years 2010 and later, the basic alternative teacher compensation aid for 
90.26 	a school with a plan approved under section 122A.414, subdivision 2b, equals 65 percent 
90.27 	of the alternative teacher compensation revenue under section 122A.415, subdivision 1. 
90.28 	The basic alternative teacher compensation aid for an intermediate school district or 
90.29 	charter school with a plan approved under section 122A.414, subdivisions 2a and 2b, if 
90.30 	the recipient is a charter school, equals $260 times the number of pupils enrolled in the 
90.31 	school on October 1 of the previous year, or on October 1 of the current year for a charter 
90.32 	school in the first year of operation, times the ratio of the sum of the alternative teacher 
90.33 	compensation aid and alternative teacher compensation levy for all participating school 
90.34 	districts to the maximum alternative teacher compensation revenue for those districts 
90.35 	under section 122A.415, subdivision 1.
91.1 	(b) (c) Notwithstanding paragraphs (a) and (b) and section 122A.415, subdivision 
91.2 	1, the state total basic alternative teacher compensation aid entitlement must not exceed 
91.3 	$75,636,000 for fiscal year 2007 and later. The commissioner must limit the amount 
91.4 	of alternative teacher compensation aid approved under section 122A.415 so as not to 
91.5 	exceed these limits.

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

91.7 	Sec. 10. Minnesota Statutes 2008, section 127A.47, subdivision 5, is amended to read:
91.8 		Subd. 5.Notification of resident district. A district educating a pupil who is 
91.9 	a resident of another district must notify the district of residence within 60 days of the 
91.10 	date the pupil is determined by the district to be a nonresident, but not later than August 
91.11 	1 following the end of the school year in which the pupil is educated. If the district of 
91.12 	residence does not receive a notification from the providing district pursuant to this 
91.13 	subdivision, it is not liable to that district for any tuition billing received after August 1 
91.14 	of the next school year.