3E Relating to education; providing for the financing of early childhood, family, adult and prekindergarten through grade 12 education programs and services

ARTICLE 1 - GENERAL EDUCATION

Modifying permanent school fund reporting requirements; allowing certain cooperating school districts and school districts with agreements to commence before Labor Day; specifying required hours of instruction for kindergarten through grade 12 students; setting the referendum allowance for certain reorganized school districts; modifying the due dates for school district clerk district expenses reporting; modifying rulemaking requirements for nonpublic pupil education materials and services; clarifying foreign exchange pupil recognition as resident pupil; providing basic alternative teacher compensation aids to school districts and charter schools and prescribing levy formulas; requiring a consolidated tax rate establishment and permitting district consolidated levy, limit; modifying the general education aid; modifying the required use of basic skills revenue; modifying requirements for a referendum revenue allowance revocation or reduction petition; modifying eligibility criteria for school district swimming pool levies; allowing school districts to retain a certain amount of the wind energy production tax deduction and requiring commissioner to transfer to the permanent school trust fund a portion of the wind energy production tax; requiring commissioner to annually reduce the general education aid earned by school districts and charter schools based on the statewide average daily membership aid adjustment; modifying the school district definition for lease purchase to include racially isolated school districts; requiring commissioner to reduce the state aid paid to school districts and charter schools not providing the required hours of instruction, specifying a reduction formula; modifying certain aid adjustments; specifying certain alternative teacher compensation requirements for independent school district #742, St. Cloud; providing a consolidated levy adjustment; adjusting referendum market value equalizing factors; creating flexibility on use of learning and development revenue and safe schools levy revenue; restoring support for general education; specifying a transition revenue allowance for independent school district #286, Brooklyn Center; making certain technical and conforming amendments; appropriating money from the general fund for general education aid, enrollment options transportation, abatement revenue, consolidation transition, nonpublic pupil education aid and transportation, one-room schoolhouse, independent school districts #239, Rushford-Peterson and #356, Lancaster, the compensatory revenue pilot project program and consolidated levy adjustment; appropriating money from the fiscal stabilization account in the federal fund for restoring state support for general education to reduce the statewide average daily membership aid adjustment; repealing certain provisions relating to certain general education revenue provisions and a previously enacted provision relating to priority for new alternative compensation school district and charter schools for fiscal years 2009 to 2010

ARTICLE 2 - EDUCATION EXCELLENCE

Allowing nonpublic schools to assess students using a nationally recognized college entrance exam; expanding compulsory attendance legitimate exemptions for children with a mental health diagnosis; modifying home school assessment of performance provisions and reporting requirements, specifying obligations; modifying academic and elective standards and graduation requirements, adding physical education as a required academic standard; establishing a Minnesota virtual education program; providing for public, charter and private schools to award Minnesota world language proficiency certificates or Minnesota world language proficiency high achievement certificates; requiring school districts to include cardiopulmonary resuscitation and automated external defibrillator instruction; establishing state measures for student achievement growth; modifying the statewide testing and reporting system requirements and the value-added assessment program; providing high school mathematics assessments; modifying educational accountability and reporting system requirements; specifying certain student academic achievement and growth target requirements and other state measures; modifying certain student performance reporting, school performance report cards criteria and yearly progress data requirements; modifying school safety drill policy requirements; modifying certain home schooling statement submittal requirements; clarifying the definition of comprehensive scientifically based reading instruction, modifying board of teaching licensure requirements to include an assessment for reading instruction and specifying certain assessment components, creating an assessment of reading instruction, providing for a legislative review of board of teaching rules, clarifying board of teaching composition requirements; creating an alternative teacher preparation program and a two-year resident teacher license for qualified nontraditional candidates as a means of acquiring a standard entrance license; modifying alternative teacher professional pay system processes; providing basic and alternative teacher compensation aids to school districts and prescribing levy formulas; providing for alternative compensation application grants; authorizing school boards to spend staff development revenue on CPR and automatic external defibrillator training; authorizing school districts to establish state approved alternative learning programs or a contract alternative under certain conditions; allowing school districts to waive background check fees for volunteers; permitting revenue and expenditure budget summary publication, eliminating certain duties of school superintendents relating to the reporting of MCA-II testing information; providing a process for the temporary closing of a schoolhouse or facility; clarifying and modifying requirements for supplemental and full-time online learning providers (online learning option act); extending the sunset for the online learning advisory council and the charter school advisory council; modifying certain charter school requirements and organization provisions relating to advisory council membership and duties, sponsors, formation of school, conflict of interest, conversion of existing schools, charter contracts, audit reports, statutes and rules exemptions, federal requirements, aid reductions, admission requirements, employment and operating matters, annual public reports, evaluations, lease aid, building corporations, leave to teach in a charter school, charter school contracts, related party lease costs and extent of specific legal authority, providing the charter school state total building lease aid formula and modifying provisions relating to aid payments to charter schools; establishing a Minnesota reading corps program to provide Americorps members with a data based problem solving model of literacy instruction; modifying eligibility requirements for participating in a state-approved alternative program; reorganizing early childhood family education (ECFE) revenue as a grant program for federally recognized tribes; modifying the integration revenue formula and specifying eligibility; establishing the summer of success program to provide intensive intervention to students not yet proficient on 8th grade standardized mathematics and reading assessments; modifying the funding formula for general education revenue pupil units in state approved alternative programs; clarifying the project-based average daily membership provision; modifying driver instruction (learner) permit certification and employment certificate issuance authority for home school parents and specifying certain certification revoking offenses and unlawful violations for home school students with instruction permits, specifying certain employment certificate issuance authority by a home school instructor; permitting special school district #6, South St. Paul to contract with the South Metro fire department to conduct fire inspections services; requiring commissioner to adopt a reading instruction assessment for licensure candidates by a certain date, specifying certain rule making prohibitions; providing a temporary suspension reserved revenues for staff development; appropriating money to department of education for charter school building lease and startup aid, integration aid, magnet school grants, interdistrict desegregation or integration transportation grants, American Indian success for the future and teacher preparation grants, tribal contract school aid, early childhood programs at tribal schools, statewide testing and reporting system, summer of success, alternative compensation aid, certain students advanced placement and international baccalaureate examination fees and teacher training and support programs, collaborative urban education grants, the youth works program, for student organizations, early childhood literacy programs, teacher centers, the principals leadership institute and the Minnesota virtual education program; repealing certain provisions relating to teacher alternative preparation licensing, teacher centers policy board membership, home school education code enforcement and prosecution, value-added assessment program and charter school authority to raise initial working capital, information dissemination and certain definitions

ARTICLE 3 - SPECIAL PROGRAMS

Redefining pupil; clarifying the days of suspension to be school days and eliminating certain duties of an individual education program (IEP) team; clarifying exclusion and expulsion procedures for pupils with a disability for federal law conformity purposes; extending the time for school district notification to parents of enrollment of a child in the limited English proficiency (LEP) program; defining local education agency; clarifying school district obligations to children with disabilities, defining child with disability; modifying certain rulemaking requirements; requiring federal and state special education law conformance for evaluating children to determine disability; requiring school districts to have an individualized IEP for every student with a disability at the beginning of the school year; modifying certain alternative dispute resolution process and due process hearing guidelines for children with disabilities relating to additional prior written notice requirements and parental options, conciliation conference, mediated agreements, impartial due process hearings, hearing officer qualifications, hearing requests, burden of proof, hearing officer authority, duties and training, expedited due process hearings, enforcement of orders and district liability; requiring a nonresident district to notify the resident district of an emergency placement of a child with disabilities within a certain number of days, authorizing a resident district to establish certain reasonable restrictions on transportation; extending the state interagency coordinating council expiration date; outlining a timeline for notification of placement of a child without disabilities and specifying certain transportation requirements; clarifying the definition of assistive technology device; modifying certain deaf and hard-of-hearing resource centers and advisory committee provisions; increasing the fiscal year cap on administrative costs for the department of human services to administer IEP health-related services; modifying the definition of essential personnel; conforming certain provisions with federal requirements relating to notification of a students resident district; appropriating money to department of education for special education aid, aid for children with disabilities, teacher travel for home-based services, excess costs, court-placed special education revenue and special education out-of-state tuition; repealing method of special instruction and certain alternative dispute resolution process and due process hearings provisions

ARTICLE 4 - FACILITIES AND TECHNOLOGIES

Modifying the debt service appropriations; modifying certain school district alternative facilities aid participation requirements and alternative facilities appropriations; modifying certain school district construction approval and information requirements; establishing state and local district technology guidelines, specifying certain duties of commissioner, the Minnesota education technology task force and representatives of school districts; clarifying the inclusion of intermediate school districts in telecommunications and internet access equity aid; eliminating the 2011 alternative facilities aid for a special school district; appropriating money to department of education for health and safety revenue, debt service equalization, alternative facilities bonding aid, equity in telecommunications access and deferred maintenance aid

ARTICLE 5 - NUTRITION, LIBRARIES AND ACCOUNTING

Modifying certain library responsibilities for the blind and physically handicapped relating to the Braille and talking book library; authorizing advisory committee for the Minnesota Braille and talking book library to conduct meetings by telephone and other electronic means; adjusting regional public library system maintenance of effort provisions, limitations; authorizing independent school districts #2853, Lac qui Parle Valley and #280, Richfield to levy up to a certain amount for replacement elevator costs, requiring revenue; authorizing school districts capital account fund transfers under certain conditions; authorizing certain fund transfers for independent school districts #2853, Lac qui Parle Valley, #77, Mankato, #62, Ortonville, and #282, St. Anthony-New Brighton; appropriating money to department for school lunch, school breakfast, kindergarten milk, summer school service replacement aid, basic system support, multicounty multitype library systems, electronic library for Minnesota and for regional library telecommunications aid

ARTICLE 6 - EARLY CHILDHOOD EDUCATION, PREVENTION, SELF-SUFFICIENCY AND LIFELONG LEARNING

Establishing the office of early learning to coordinate high quality prekindergarten and child care programs under the administration of commissioners of human services and education, transferring certain responsibilities and positions from department of education; modifying appropriation distribution of money to agencies for Head start program, program exemption; establishing a prekindergarten through grade 3 program, specifying program components and allowing certain financing authority; modifying early childhood programs data submission requirements; modifying certain early childhood family education (ECFE) levy requirements; establishing a quality rating and improvement system to ensure children have access to high quality early learning and care programs, specifying system components; requiring commissioners of human services (DHS) and education to continue prekindergarten exploratory projects located in St. Paul and in Hennepin and Blue Earth counties conducted in partnership with the Minnesota early learning foundation to promote school readiness, requiring commissioners after a certain date to establish additional prekindergarten projects in Otter Tail, Itasca, St. Louis counties and a consortium of Benton, Stearns and Sherburne counties, specifying allowance eligibility, quality standards and application; clarifying the purpose of a school readiness program; modifying certain school readiness program provider requirements; modifying the role of commissioner in maintaining and acceptable list of community education youth service projects; modifying annual report requirements for community education programs; modifying the amount of an adult basic education supplemental service grant to a single organization; stating the early education state funding policy for revenue use of American Recovery and Reinvestment Act of 2009, requiring report to legislature; appropriating money to department of education for school readiness, ECFE aid, health and developmental screening aid, Head Start program, educate parents partnership, kindergarten entrance assessment initiative and intervention program, parent award star rating tool, prekindergarten finance allowances, community education aid, adults with disabilities program aid, hearing-impaired adults programs, school-age care revenue, adult basic education revenue and GED tests; specifying certain instructions to the revisor of statutes; repealing the school and community advisory team provision

ARTICLE 7 - STATE AGENCIES

Authorizing commissioner of education to apply for and receive grants and gifts administered by state and nongovernmental agencies, specifying certain grants and gifts use requirements and reporting requirements; appropriating money to the department of education for the Minnesota childrens museum, Minnesota academy of science, board of teaching, board of school administrators, for a hearing loss coordinator and work languages coordinator, Duluth childrens museum, to the board of teaching for licensure by portfolio, to the Minnesota state academies for the deaf and the blind and to the Perpich center for arts education

ARTICLE 8 - EDUCATION FORECAST ADJUSTMENTS

Making changes to the fiscal year 2009 appropriations consistent with the February forecast; adjusting certain prior appropriations for general education including general education aid, enrollment options transportation, abatement revenue, consolidation transition, nonpublic education aid and nonpublic pupil transportation, for education excellence including charter school building lease aid, charter school startup cost aid, integration aid, interdistrict desegregation or integration transportation grants and tribal contract schools, for special education including aid for children with disabilities, travel from home-based services and court-ordered special education revenue, for facilities and technology including health and safety revenue, deferred maintenance aid and school technology and operating capital aid grants, for nutrition including school lunch aid and the traditional school breakfast aid and kindergarten milk, for early childhood education aid and health and developmental screening aid, for prevention including community education aid and adults with disabilities program aid and for self-sufficient and lifelong learning including adult basic education aid
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