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, and special programs; 
1.4 	authorizing rulemaking; requiring reports;amending Minnesota Statutes 2008, 
1.5 	sections 11A.16, subdivision 5; 120B.15; 122A.14, by adding a subdivision; 
1.6 	122A.16; 122A.18, subdivisions 1, 2; 122A.23, subdivision 2; 123B.12; 
1.7 	123B.75, subdivision 5; 124D.091, subdivisions 2, 3; 125A.21, subdivisions 3, 
1.8 	5, 7; 125A.79, subdivision 1; 127A.42, subdivision 2; 127A.43; 127A.45, by 
1.9 	adding a subdivision; Minnesota Statutes 2009 Supplement, sections 120B.30, 
1.10 	subdivisions 1, 3, 4; 120B.35, subdivision 3; 120B.36, subdivision 1; 122A.09, 
1.11 	subdivision 4; 123B.92, subdivision 1; 124D.10, subdivisions 3, 4, 6a, 23; 
1.12 	124D.11, subdivision 9; 125A.02, subdivision 1; 125A.63, subdivisions 2, 4, 5; 
1.13 	126C.41, subdivision 2; 126C.44; repealing Minnesota Statutes 2008, sections 
1.14 	122A.24; 125A.54.
1.15 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.16 	ARTICLE 1
1.17 	GENERAL EDUCATION

1.18 	Section 1. Minnesota Statutes 2008, section 11A.16, subdivision 5, is amended to read:
1.19 		Subd. 5.Calculation of income. As of the end of each fiscal year, the state 
1.20 	board shall calculate the investment income earned by the permanent school fund. The 
1.21 	investment income earned by the fund shall equal the amount of interest on debt securities 
1.22 	and, dividends on equity securities, and interest earned on certified monthly earnings prior 
1.23 	to the transfer to the Department of Education. Gains and losses arising from the sale of 
1.24 	securities shall be apportioned as follows:
1.25 	(a) If the sale of securities results in a net gain during a fiscal year, the gain shall 
1.26 	be apportioned in equal installments over the next ten fiscal years to offset net losses in 
2.1 	those years. If any portion of an installment is not needed to recover subsequent losses 
2.2 	identified in paragraph (b) it shall be added to the principal of the fund.
2.3 	(b) If the sale of securities results in a net loss during a fiscal year, the net loss shall 
2.4 	be recovered first from the gains in paragraph (a) apportioned to that fiscal year. If these 
2.5 	gains are insufficient, any remaining net loss shall be recovered from interest and dividend 
2.6 	income in equal installments over the following ten fiscal years.

2.7 	Sec. 2. Minnesota Statutes 2008, section 123B.12, is amended to read:
2.8 	123B.12 INSUFFICIENT FUNDS TO PAY ORDERS.
2.9 	(a) In the event that a district or a cooperative unit defined in section 123A.24, 
2.10 	subdivision 2, has insufficient funds to pay its usual lawful current obligations, subject to 
2.11 	section 471.69, the board may enter into agreements with banks or any person to take its 
2.12 	orders. Any order drawn, after having been presented to the treasurer for payment and not 
2.13 	paid for want of funds shall be endorsed by the treasurer by putting on the back thereof 
2.14 	the words "not paid for want of funds," giving the date of endorsement and signed by the 
2.15 	treasurer. A record of such presentment, nonpayment and endorsement shall be made by 
2.16 	the treasurer. The treasurer shall serve a written notice upon the payee or the payee's 
2.17 	assignee, personally, or by mail, when the treasurer is prepared to pay such orders. The 
2.18 	notice may be directed to the payee or the payee's assignee at the address given in writing 
2.19 	by such payee or assignee to such treasurer, at any time prior to the service of such notice. 
2.20 	No order shall draw any interest if such address is not given when the same is unknown to 
2.21 	the treasurer, and no order shall draw any interest after the service of such notice.  
2.22 	(b) A district may enter, subject to section 471.69, into a an unsecured line of credit 
2.23 	agreement with a financial institution. The amount of credit available must not exceed 
2.24 	95 percent of average expenditure per month of operating expenditures in the previous 
2.25 	fiscal year. Any amount advanced must be repaid no later than 45 days after the day of 
2.26 	advancement.

2.27 	Sec. 3. Minnesota Statutes 2008, section 123B.75, subdivision 5, is amended to read:
2.28 		Subd. 5.Levy recognition. (a) "School district tax settlement revenue" means the 
2.29 	current, delinquent, and manufactured home property tax receipts collected by the county 
2.30 	and distributed to the school district.
2.31 	(b) For fiscal year 2004 and later years, in June of each year, the school district must 
2.32 	recognize as revenue, in the fund for which the levy was made, the lesser of:
3.1 	(1) the sum of May, June, and July school district tax settlement revenue received in 
3.2 	that calendar year, plus general education aid according to section 126C.13, subdivision 
3.3 	4, received in July and August of that calendar year; or
3.4 	(2) the sum of:
3.5 	(i) 31 percent of the referendum levy certified according to section 126C.17, in 
3.6 	calendar year 2000; and
3.7 	(ii) the entire amount of the levy certified in the prior calendar year according to 
3.8 	section 124D.86, subdivision 4, for school districts receiving revenue under sections 
3.9 	124D.86, subdivision 3, clauses (1), (2), and (3); 126C.41, subdivisions 1, 2, paragraph 
3.10 	(a), and 3, paragraphs (b), (c), and (d); 126C.43, subdivision 2; 126C.457; and 126C.48, 
3.11 	subdivision 6.

3.12 	Sec. 4. Minnesota Statutes 2009 Supplement, section 123B.92, subdivision 1, is 
3.13 	amended to read:
3.14 		Subdivision 1.Definitions. For purposes of this section and section 125A.76, the 
3.15 	terms defined in this subdivision have the meanings given to them.
3.16 	(a) "Actual expenditure per pupil transported in the regular and excess transportation 
3.17 	categories" means the quotient obtained by dividing:
3.18 	(1) the sum of:
3.19 	(i) all expenditures for transportation in the regular category, as defined in paragraph 
3.20 	(b), clause (1), and the excess category, as defined in paragraph (b), clause (2), plus
3.21 	(ii) an amount equal to one year's depreciation on the district's school bus fleet 
3.22 	and mobile units computed on a straight line basis at the rate of 15 percent per year for 
3.23 	districts operating a program under section 124D.128 for grades 1 to 12 for all students in 
3.24 	the district and 12-1/2 percent per year for other districts of the cost of the fleet, plus
3.25 	(iii) an amount equal to one year's depreciation on the district's type III vehicles, as 
3.26 	defined in section 169.011, subdivision 71, which must be used a majority of the time for 
3.27 	pupil transportation purposes, computed on a straight line basis at the rate of 20 percent 
3.28 	per year of the cost of the type three school buses by:
3.29 	(2) the number of pupils eligible for transportation in the regular category, as defined 
3.30 	in paragraph (b), clause (1), and the excess category, as defined in paragraph (b), clause (2).
3.31 	(b) "Transportation category" means a category of transportation service provided to 
3.32 	pupils as follows:
3.33 	(1) Regular transportation is:
3.34 	(i) transportation to and from school during the regular school year for resident 
3.35 	elementary pupils residing one mile or more from the public or nonpublic school they 
4.1 	attend, and resident secondary pupils residing two miles or more from the public 
4.2 	or nonpublic school they attend, excluding desegregation transportation and noon 
4.3 	kindergarten transportation; but with respect to transportation of pupils to and from 
4.4 	nonpublic schools, only to the extent permitted by sections 123B.84 to 123B.87;
4.5 	(ii) transportation of resident pupils to and from language immersion programs;
4.6 	(iii) transportation of a pupil who is a custodial parent and that pupil's child between 
4.7 	the pupil's home and the child care provider and between the provider and the school, if 
4.8 	the home and provider are within the attendance area of the school;
4.9 	(iv) transportation to and from or board and lodging in another district, of resident 
4.10 	pupils of a district without a secondary school; and
4.11 	(v) transportation to and from school during the regular school year required under 
4.12 	subdivision 3 for nonresident elementary pupils when the distance from the attendance 
4.13 	area border to the public school is one mile or more, and for nonresident secondary pupils 
4.14 	when the distance from the attendance area border to the public school is two miles or 
4.15 	more, excluding desegregation transportation and noon kindergarten transportation.
4.16 	For the purposes of this paragraph, a district may designate a licensed day care 
4.17 	facility, school day care facility, respite care facility, the residence of a relative, or the 
4.18 	residence of a person chosen by the pupil's parent or guardian, or an after school program 
4.19 	for children operated by a political subdivision of the state, as the home of a pupil for part 
4.20 	or all of the day, if requested by the pupil's parent or guardian, and if that facility or,
4.21 	residence, or program is within the attendance area of the school the pupil attends.
4.22 	(2) Excess transportation is:
4.23 	(i) transportation to and from school during the regular school year for resident 
4.24 	secondary pupils residing at least one mile but less than two miles from the public or 
4.25 	nonpublic school they attend, and transportation to and from school for resident pupils 
4.26 	residing less than one mile from school who are transported because of extraordinary 
4.27 	traffic, drug, or crime hazards; and
4.28 	(ii) transportation to and from school during the regular school year required under 
4.29 	subdivision 3 for nonresident secondary pupils when the distance from the attendance area 
4.30 	border to the school is at least one mile but less than two miles from the public school 
4.31 	they attend, and for nonresident pupils when the distance from the attendance area border 
4.32 	to the school is less than one mile from the school and who are transported because of 
4.33 	extraordinary traffic, drug, or crime hazards.
4.34 	(3) Desegregation transportation is transportation within and outside of the district 
4.35 	during the regular school year of pupils to and from schools located outside their normal 
5.1 	attendance areas under a plan for desegregation mandated by the commissioner or under 
5.2 	court order.
5.3 	(4) "Transportation services for pupils with disabilities" is:
5.4 	(i) transportation of pupils with disabilities who cannot be transported on a regular 
5.5 	school bus between home or a respite care facility and school;
5.6 	(ii) necessary transportation of pupils with disabilities from home or from school to 
5.7 	other buildings, including centers such as developmental achievement centers, hospitals, 
5.8 	and treatment centers where special instruction or services required by sections 125A.03 
5.9 	to 125A.24, 125A.26 to 125A.48, and 125A.65 are provided, within or outside the district 
5.10 	where services are provided;
5.11 	(iii) necessary transportation for resident pupils with disabilities required by sections 
5.12 	125A.12, and 125A.26 to 125A.48;
5.13 	(iv) board and lodging for pupils with disabilities in a district maintaining special 
5.14 	classes;
5.15 	(v) transportation from one educational facility to another within the district for 
5.16 	resident pupils enrolled on a shared-time basis in educational programs, and necessary 
5.17 	transportation required by sections 125A.18, and 125A.26 to 125A.48, for resident pupils 
5.18 	with disabilities who are provided special instruction and services on a shared-time basis 
5.19 	or if resident pupils are not transported, the costs of necessary travel between public 
5.20 	and private schools or neutral instructional sites by essential personnel employed by the 
5.21 	district's program for children with a disability;
5.22 	(vi) transportation for resident pupils with disabilities to and from board and lodging 
5.23 	facilities when the pupil is boarded and lodged for educational purposes; and
5.24 	(vii) services described in clauses (i) to (vi), when provided for pupils with 
5.25 	disabilities in conjunction with a summer instructional program that relates to the pupil's 
5.26 	individual education plan or in conjunction with a learning year program established 
5.27 	under section 124D.128.
5.28 	For purposes of computing special education initial aid under section 125A.76, 
5.29 	subdivision 2, the cost of providing transportation for children with disabilities includes 
5.30 	(A) the additional cost of transporting a homeless student from a temporary nonshelter 
5.31 	home in another district to the school of origin, or a formerly homeless student from a 
5.32 	permanent home in another district to the school of origin but only through the end of the 
5.33 	academic year; and (B) depreciation on district-owned school buses purchased after July 1, 
5.34 	2005, and used primarily for transportation of pupils with disabilities, calculated according 
5.35 	to paragraph (a), clauses (ii) and (iii). Depreciation costs included in the disabled 
6.1 	transportation category must be excluded in calculating the actual expenditure per pupil 
6.2 	transported in the regular and excess transportation categories according to paragraph (a).
6.3 	(5) "Nonpublic nonregular transportation" is:
6.4 	(i) transportation from one educational facility to another within the district for 
6.5 	resident pupils enrolled on a shared-time basis in educational programs, excluding 
6.6 	transportation for nonpublic pupils with disabilities under clause (4);
6.7 	(ii) transportation within district boundaries between a nonpublic school and a 
6.8 	public school or a neutral site for nonpublic school pupils who are provided pupil support 
6.9 	services pursuant to section 123B.44; and
6.10 	(iii) late transportation home from school or between schools within a district for 
6.11 	nonpublic school pupils involved in after-school activities.
6.12 	(c) "Mobile unit" means a vehicle or trailer designed to provide facilities for 
6.13 	educational programs and services, including diagnostic testing, guidance and counseling 
6.14 	services, and health services. A mobile unit located off nonpublic school premises is a 
6.15 	neutral site as defined in section 123B.41, subdivision 13.

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

6.17 	Sec. 5. Minnesota Statutes 2008, section 125A.79, subdivision 1, is amended to read:
6.18 		Subdivision 1.Definitions. For the purposes of this section, the definitions in this 
6.19 	subdivision apply.
6.20 	(a) "Unreimbursed special education cost" means the sum of the following:
6.21 	(1) expenditures for teachers' salaries, contracted services, supplies, equipment, and 
6.22 	transportation services eligible for revenue under section 125A.76; plus
6.23 	(2) expenditures for tuition bills received under sections 125A.03 to 125A.24 and 
6.24 	125A.65 for services eligible for revenue under section 125A.76, subdivision 2; minus
6.25 	(3) revenue for teachers' salaries, contracted services, supplies, equipment, and 
6.26 	transportation services under section 125A.76; minus
6.27 	(4) tuition receipts under sections 125A.03 to 125A.24 and 125A.65 for services 
6.28 	eligible for revenue under section 125A.76, subdivision 2.
6.29 	(b) "General revenue" for a school district means the sum of the general education 
6.30 	revenue according to section 126C.10, subdivision 1, excluding alternative teacher 
6.31 	compensation revenue, plus the total qualifying referendum revenue specified in paragraph 
6.32 	(e) minus transportation sparsity revenue minus total operating capital revenue. "General 
6.33 	revenue" for a charter school means the sum of the general education revenue according to 
6.34 	section 124D.11, subdivision 1, and transportation revenue according to section 124D.11, 
7.1 	subdivision 2, excluding alternative teacher compensation revenue, minus referendum 
7.2 	equalization aid minus transportation sparsity revenue minus operating capital revenue.
7.3 	(c) "Average daily membership" has the meaning given it in section 126C.05.
7.4 	(d) "Program growth factor" means 1.02 for fiscal year 2012 and later.
7.5 	(e) "Total qualifying referendum revenue" means two-thirds of the district's total 
7.6 	referendum revenue as adjusted according to section 127A.47, subdivision 7, paragraphs 
7.7 	(a) to (c), for fiscal year 2006, one-third of the district's total referendum revenue for fiscal 
7.8 	year 2007, and none of the district's total referendum revenue for fiscal year 2008 and later.

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

7.10 	Sec. 6. Minnesota Statutes 2009 Supplement, section 126C.41, subdivision 2, is 
7.11 	amended to read:
7.12 		Subd. 2.Retired employee health benefits. (a) A district may levy an amount up 
7.13 	to the amount the district is required by the collective bargaining agreement in effect 
7.14 	on March 30, 1992, to pay for health insurance or unreimbursed medical expenses for 
7.15 	licensed and nonlicensed employees who have terminated services in the employing 
7.16 	district and withdrawn from active teaching service or other active service, as applicable, 
7.17 	before July 1, 1992, and to pay for health insurance or unreimbursed medical expenses 
7.18 	for licensed and nonlicensed employees who have terminated services in the employing 
7.19 	district and withdrawn from active teaching service or other active service, as applicable 
7.20 	before July 1, 1998, only if a sunset clause is in effect for the current collective bargaining 
7.21 	agreement. The total amount of the levy each year may not exceed $600,000.
7.22 	(b) In addition to the levy authority granted under paragraph (a), a school district 
7.23 	may levy for other postemployment benefits expenses actually paid during the previous 
7.24 	fiscal year. For purposes of this subdivision, "postemployment benefits" means benefits 
7.25 	giving rise to a liability under Statement No. 45 of the Government Accounting Standards 
7.26 	Board. A district seeking levy authority under this subdivision must:
7.27 	(1) create or have created an actuarial liability to pay postemployment benefits to 
7.28 	employees or officers after their termination of service;
7.29 	(2) have a sunset clause in effect for the current collective bargaining agreement as 
7.30 	required by paragraph (a); and
7.31 	(3) apply for the authority in the form and manner required by the commissioner 
7.32 	of education.
7.33 	If the total levy authority requested under this paragraph exceeds the amount established 
7.34 	in paragraph (c), the commissioner must proportionately reduce each district's maximum 
8.1 	levy authority under this subdivision. The commissioner may subsequently adjust each 
8.2 	district's levy authority under this subdivision so long as the total levy authority does not 
8.3 	exceed the maximum levy authority for that year.
8.4 	(c) The maximum levy authority under paragraph (b) must not exceed the following 
8.5 	amounts:
8.6 	(1) $9,242,000 for taxes payable in 2010;
8.7 	(2) $29,863,000 for taxes payable in 2011; and
8.8 	(3) for taxes payable in 2012 and later, the maximum levy authority must not exceed 
8.9 	the sum of the previous year's authority and $14,000,000.

8.10 	Sec. 7. Minnesota Statutes 2009 Supplement, section 126C.44, is amended to read:
8.11 	126C.44 SAFE SCHOOLS LEVY.
8.12 	(a) Each district may make a levy on all taxable property located within the district 
8.13 	for the purposes specified in this section. The maximum amount which may be levied 
8.14 	for all costs under this section shall be equal to $30 multiplied by the district's adjusted 
8.15 	marginal cost pupil units for the school year. The proceeds of the levy must be reserved and 
8.16 	used for directly funding the following purposes or for reimbursing the cities and counties 
8.17 	who contract with the district for the following purposes: (1) to pay the costs incurred for 
8.18 	the salaries, benefits, and transportation costs of peace officers and sheriffs for liaison in 
8.19 	services in the district's schools; (2) to pay the costs for a drug abuse prevention program 
8.20 	as defined in section 609.101, subdivision 3, paragraph (e), in the elementary schools; 
8.21 	(3) to pay the costs for a gang resistance education training curriculum in the district's 
8.22 	schools; (4) to pay the costs for security in the district's schools and on school property; (5) 
8.23 	to pay the costs for other crime prevention, drug abuse, student and staff safety, voluntary 
8.24 	opt-in suicide prevention tools, and violence prevention measures taken by the school 
8.25 	district; or (6) to pay costs for licensed school counselors, licensed school nurses, licensed 
8.26 	school social workers, licensed school psychologists, and licensed alcohol and chemical 
8.27 	dependency counselors to help provide early responses to problems. For expenditures 
8.28 	under clause (1), the district must initially attempt to contract for services to be provided 
8.29 	by peace officers or sheriffs with the police department of each city or the sheriff's 
8.30 	department of the county within the district containing the school receiving the services. If 
8.31 	a local police department or a county sheriff's department does not wish to provide the 
8.32 	necessary services, the district may contract for these services with any other police or 
8.33 	sheriff's department located entirely or partially within the school district's boundaries.
8.34 	(b) A school district that is a member of an intermediate school district may 
8.35 	include in its authority under this section the costs associated with safe schools activities 
9.1 	authorized under paragraph (a) for intermediate school district programs. This authority 
9.2 	must not exceed $10 times the adjusted marginal cost pupil units of the member districts. 
9.3 	This authority is in addition to any other authority authorized under this section. Revenue 
9.4 	raised under this paragraph must be transferred to the intermediate school district.
9.5 	(c) A school district must set aside at least $3 per adjusted marginal cost pupil 
9.6 	unit of the safe schools levy proceeds for the purposes authorized under paragraph (a), 
9.7 	clause (6). The district must annually certify either that: (1) its total spending on services 
9.8 	provided by the employees listed in paragraph (a), clause (6), is not less than the sum of 
9.9 	its expenditures for these purposes, excluding amounts spent under this section, in the 
9.10 	previous year plus the amount spent under this section; or (2) that the district's full-time 
9.11 	equivalent number of employees listed in paragraph (a), clause (6), is not less than the 
9.12 	number for the previous year.

9.13 	EFFECTIVE DATE. This section is effective the day following final enactment 
9.14 	and applies to certifications for fiscal year 2010.

9.15 	Sec. 8. Minnesota Statutes 2008, section 127A.45, is amended by adding a subdivision 
9.16 	to read:
9.17 		Subd. 17.Payment to creditors. Except where otherwise specifically authorized, 
9.18 	state education aid payments shall be made only to the education organization earning 
9.19 	state aid revenues as a result of providing education services.

9.20 	ARTICLE 2
9.21 	EDUCATION EXCELLENCE

9.22 	Section 1. Minnesota Statutes 2008, section 120B.15, is amended to read:
9.23 	120B.15 GIFTED AND TALENTED STUDENTS PROGRAMS.
9.24 	(a) School districts and charter schools may identify students, locally develop 
9.25 	programs addressing instructional and affective needs, provide staff development, and 
9.26 	evaluate programs to provide gifted and talented students with challenging and appropriate 
9.27 	educational programs.
9.28 	(b) School districts and charter schools may adopt guidelines for assessing and 
9.29 	identifying students for participation in gifted and talented programs. The guidelines 
9.30 	should include the use of:
9.31 	(1) multiple and objective criteria; and
9.32 	(2) assessments and procedures that are valid and reliable, fair, and based on 
9.33 	current theory and research addressing the use of tools and methods that are sensitive to 
10.1 	underrepresented groups, including, but not limited to, low income, minority, gifted and 
10.2 	learning disabled, and English language learners.
10.3 	(c) School districts and charter schools must adopt procedures for the academic 
10.4 	acceleration of gifted and talented students. These procedures must include how the 
10.5 	district will:
10.6 	(1) assess a student's readiness and motivation for acceleration; and
10.7 	(2) match the level, complexity, and pace of the curriculum to a student to achieve 
10.8 	the best type of academic acceleration for that student.

10.9 	Sec. 2. Minnesota Statutes 2009 Supplement, section 120B.30, subdivision 1, is 
10.10 	amended to read:
10.11 		Subdivision 1.Statewide testing.  (a) The commissioner, with advice from experts 
10.12 	with appropriate technical qualifications and experience and stakeholders, consistent with 
10.13 	subdivision 1a, shall include in the comprehensive assessment system, for each grade 
10.14 	level to be tested, state-constructed tests developed from and aligned with the state's 
10.15 	required academic standards under section 120B.021, include multiple choice questions, 
10.16 	and be administered annually to all students in grades 3 through 8. State-developed 
10.17 	high school tests aligned with the state's required academic standards under section 
10.18 	120B.021 and administered to all high school students in a subject other than writing 
10.19 	must include multiple choice questions. The commissioner shall establish one or more 
10.20 	months during which schools shall administer the tests to students each school year. 
10.21 	Schools that the commissioner identifies for stand-alone field testing or other national 
10.22 	sampling must participate as directed. Superintendents or charter school directors may 
10.23 	appeal in writing to the commissioner for an exemption from a field test based on undue 
10.24 	hardship. The commissioner's decision regarding the appeal is final. For students enrolled 
10.25 	in grade 8 before the 2005-2006 school year, Minnesota basic skills tests in reading, 
10.26 	mathematics, and writing shall fulfill students' basic skills testing requirements for a 
10.27 	passing state notation. The passing scores of basic skills tests in reading and mathematics 
10.28 	are the equivalent of 75 percent correct for students entering grade 9 based on the first 
10.29 	uniform test administered in February 1998. Students who have not successfully passed 
10.30 	a Minnesota basic skills test by the end of the 2011-2012 school year must pass the 
10.31 	graduation-required assessments for diploma under paragraph (b).
10.32 	(b) The state assessment system must be aligned to the most recent revision of 
10.33 	academic standards as described in section 120B.023 in the following manner:
10.34 	(1) mathematics;
10.35 	(i) grades 3 through 8 beginning in the 2010-2011 school year; and
11.1 	(ii) high school level beginning in the 2013-2014 school year;
11.2 	(2) science; grades 5 and 8 and at the high school level beginning in the 2011-2012 
11.3 	school year; and
11.4 	(3) language arts and reading; grades 3 through 8 and high school level beginning in 
11.5 	the 2012-2013 school year.
11.6 	(c) For students enrolled in grade 8 in the 2005-2006 school year and later, only the 
11.7 	following options shall fulfill students' state graduation test requirements:
11.8 	(1) for reading and mathematics:
11.9 	(i) obtaining an achievement level equivalent to or greater than proficient as 
11.10 	determined through a standard setting process on the Minnesota comprehensive 
11.11 	assessments in grade 10 for reading and grade 11 for mathematics or achieving a passing 
11.12 	score as determined through a standard setting process on the graduation-required 
11.13 	assessment for diploma in grade 10 for reading and grade 11 for mathematics or 
11.14 	subsequent retests;
11.15 	(ii) achieving a passing score as determined through a standard setting process on the 
11.16 	state-identified language proficiency test in reading and the mathematics test for English 
11.17 	language learners or the graduation-required assessment for diploma equivalent of those 
11.18 	assessments for students designated as English language learners;
11.19 	(iii) achieving an individual passing score on the graduation-required assessment 
11.20 	for diploma as determined by appropriate state guidelines for students with an individual 
11.21 	education plan or 504 plan;
11.22 	(iv) obtaining achievement level equivalent to or greater than proficient as 
11.23 	determined through a standard setting process on the state-identified alternate assessment 
11.24 	or assessments in grade 10 for reading and grade 11 for mathematics for students with 
11.25 	an individual education plan; or
11.26 	(v) achieving an individual passing score on the state-identified alternate assessment 
11.27 	or assessments as determined by appropriate state guidelines for students with an 
11.28 	individual education plan; and
11.29 	(2) for writing:
11.30 	(i) achieving a passing score on the graduation-required assessment for diploma;
11.31 	(ii) achieving a passing score as determined through a standard setting process on 
11.32 	the state-identified language proficiency test in writing for students designated as English 
11.33 	language learners;
11.34 	(iii) achieving an individual passing score on the graduation-required assessment 
11.35 	for diploma as determined by appropriate state guidelines for students with an individual 
11.36 	education plan or 504 plan; or
12.1 	(iv) achieving an individual passing score on the state-identified alternate assessment 
12.2 	or assessments as determined by appropriate state guidelines for students with an 
12.3 	individual education plan.
12.4 	(d) Students enrolled in grade 8 in any school year from the 2005-2006 school 
12.5 	year to the 2009-2010 school year who do not pass the mathematics graduation-required 
12.6 	assessment for diploma under paragraph (b) are eligible to receive a high school diploma 
12.7 	with a passing state notation if they:
12.8 	(1) complete with a passing score or grade all state and local coursework and credits 
12.9 	required for graduation by the school board granting the students their diploma;
12.10 	(2) participate in district-prescribed academic remediation in mathematics; and
12.11 	(3) fully participate in at least two retests of the mathematics GRAD test or until 
12.12 	they pass the mathematics GRAD test, whichever comes first. A school, district, or 
12.13 	charter school must place on the high school transcript a student's highestcurrent pass 
12.14 	status for each subject that has a required graduation assessment score for each of the 
12.15 	following assessments on the student's high school transcript: the mathematics Minnesota 
12.16 	Comprehensive Assessment, reading Minnesota Comprehensive Assessment, and writing 
12.17 	Graduation-Required Assessment for Diploma, and when applicable, the mathematics 
12.18 	Graduation-Required Assessment for Diploma and reading Graduation-Required 
12.19 	Assessment for Diploma.
12.20 	In addition, the school board granting the students their diplomas may formally 
12.21 	decide to include a notation of high achievement on the high school diplomas of those 
12.22 	graduating seniors who, according to established school board criteria, demonstrate 
12.23 	exemplary academic achievement during high school.
12.24 	(e) The 3rd through 8th grade and high school test results shall be available to 
12.25 	districts for diagnostic purposes affecting student learning and district instruction and 
12.26 	curriculum, and for establishing educational accountability. The commissioner must 
12.27 	disseminate to the public the high school test results upon receiving those results.
12.28 	(f) The 3rd through 8th grade and high school tests must be aligned with state 
12.29 	academic standards. The commissioner shall determine the testing process and the order 
12.30 	of administration. The statewide results shall be aggregated at the site and district level, 
12.31 	consistent with subdivision 1a.
12.32 	(g) In addition to the testing and reporting requirements under this section, the 
12.33 	commissioner shall include the following components in the statewide public reporting 
12.34 	system:
13.1 	(1) uniform statewide testing of all students in grades 3 through 8 and at the high 
13.2 	school level that provides appropriate, technically sound accommodations or alternate 
13.3 	assessments;
13.4 	(2) educational indicators that can be aggregated and compared across school 
13.5 	districts and across time on a statewide basis, including average daily attendance, high 
13.6 	school graduation rates, and high school drop-out rates by age and grade level;
13.7 	(3) state results on the American College Test; and
13.8 	(4) state results from participation in the National Assessment of Educational 
13.9 	Progress so that the state can benchmark its performance against the nation and other 
13.10 	states, and, where possible, against other countries, and contribute to the national effort 
13.11 	to monitor achievement.

13.12 	Sec. 3. Minnesota Statutes 2009 Supplement, section 120B.30, subdivision 3, is 
13.13 	amended to read:
13.14 		Subd. 3.Reporting. The commissioner shall report test data results publicly and 
13.15 	to stakeholders, including the performance achievement levels developed from students' 
13.16 	unweighted test scores in each tested subject and a listing of demographic factors that 
13.17 	strongly correlate with student performance. The test results must not include personally 
13.18 	identifiable information as defined in Code of Federal Regulations, title 34, section 99.3.
13.19 	The commissioner shall also report data that compares performance results among school 
13.20 	sites, school districts, Minnesota and other states, and Minnesota and other nations. The 
13.21 	commissioner shall disseminate to schools and school districts a more comprehensive 
13.22 	report containing testing information that meets local needs for evaluating instruction 
13.23 	and curriculum.

13.24 	Sec. 4. Minnesota Statutes 2009 Supplement, section 120B.30, subdivision 4, is 
13.25 	amended to read:
13.26 		Subd. 4.Access to tests. Consistent with section 13.34, the commissioner must 
13.27 	adopt and publish a policy to provide public and parental access for review of basic skills 
13.28 	tests, Minnesota Comprehensive Assessments, or any other such statewide test and 
13.29 	assessment which would not compromise the objectivity or fairness of the testing or 
13.30 	examination process. Upon receiving a written request, the commissioner must make 
13.31 	available to parents or guardians a copy of their student's actual responses to the test 
13.32 	questions for their review.

14.1 	Sec. 5. Minnesota Statutes 2009 Supplement, section 120B.35, subdivision 3, is 
14.2 	amended to read:
14.3 		Subd. 3.State growth target; other state measures. (a) The state's educational 
14.4 	assessment system measuring individual students' educational growth is based on 
14.5 	indicators of achievement growth that show an individual student's prior achievement. 
14.6 	Indicators of achievement and prior achievement must be based on highly reliable 
14.7 	statewide or districtwide assessments.
14.8 	(b) The commissioner, in consultation with a stakeholder group that includes 
14.9 	assessment and evaluation directors and staff and researchers must implement a model 
14.10 	that uses a value-added growth indicator and includes criteria for identifying schools 
14.11 	and school districts that demonstrate medium and high growth under section 120B.299, 
14.12 	subdivisions 8 and 9, and may recommend other value-added measures under section 
14.13 	120B.299, subdivision 3. The model may be used to advance educators' professional 
14.14 	development and replicate programs that succeed in meeting students' diverse learning 
14.15 	needs. Data on individual teachers generated under the model are personnel data under 
14.16 	section 13.43. The model must allow users to:
14.17 	(1) report student growth consistent with this paragraph; and
14.18 	(2) for all student categories, report and compare aggregated and disaggregated state 
14.19 	growth data using the nine student categories identified under the federal 2001 No Child 
14.20 	Left Behind Act and two student gender categories of male and female, respectively, 
14.21 	following appropriate reporting practices to protect nonpublic student data.
14.22 	The commissioner must report separate measures of student growth and proficiency, 
14.23 	consistent with this paragraph.
14.24 	(c) When reporting student performance under section 120B.36, subdivision 1, the 
14.25 	commissioner annually, beginning July 1, 2011, must report two core measures indicating 
14.26 	the extent to which current high school graduates are being prepared for postsecondary 
14.27 	academic and career opportunities:
14.28 	(1) a preparation measure indicating the number and percentage of high school 
14.29 	graduates in the most recent school year who completed course work important to 
14.30 	preparing them for postsecondary academic and career opportunities, consistent with 
14.31 	the core academic subjects required for admission to Minnesota's public colleges and 
14.32 	universities as determined by the Office of Higher Education under chapter 136A; and
14.33 	(2) a rigorous coursework measure indicating the number and percentage of high 
14.34 	school graduates in the most recent school year who successfully completed one or more 
14.35 	college-level advanced placement, international baccalaureate, postsecondary enrollment 
15.1 	options including concurrent enrollment, other rigorous courses of study under section 
15.2 	120B.021, subdivision 1a, or industry certification courses or programs.
15.3 	When reporting the core measures under clauses (1) and (2), the commissioner must also 
15.4 	analyze and report separate categories of information using the nine student categories 
15.5 	identified under the federal 2001 No Child Left Behind Act and two student gender 
15.6 	categories of male and female, respectively, following appropriate reporting practices to 
15.7 	protect nonpublic student data.
15.8 	(d) When reporting student performance under section 120B.36, subdivision 1, the 
15.9 	commissioner annually, beginning July 1, 2014, must report summary data on school 
15.10 	safety and students' engagement and connection at school. The summary data under this 
15.11 	paragraph are separate from and must not be used for any purpose related to measuring 
15.12 	or evaluating the performance of classroom teachers. The commissioner, in consultation 
15.13 	with qualified experts on student engagement and connection and classroom teachers, 
15.14 	must identify highly reliable variables that generate summary data under this paragraph. 
15.15 	The summary data may be used at school, district, and state levels only. Any data on 
15.16 	individuals received, collected, or created that are used to generate the summary data 
15.17 	under this paragraph are nonpublic data under section 13.02, subdivision 9.
15.18 	(e) For purposes of statewide educational accountability, the commissioner must 
15.19 	identify and report measures that demonstrate the success of school districts, school sites, 
15.20 	charter schools, and alternative program providers in improving the graduation outcomes 
15.21 	of students under this paragraph. When reporting student performance under section 
15.22 	120B.36, subdivision 1, the commissioner, beginning July 1, 2013, must annually report 
15.23 	summary data on (i) the four- and six-year graduation rates of students throughout the state 
15.24 	who are identified as at risk of not graduating or off track to graduate, including students 
15.25 	who are eligible to participate in a program under section 123A.05 or 124D.68, among 
15.26 	other students, and (ii) the success that school districts, school sites, charter schools, and 
15.27 	alternative program providers experience in:
15.28 	(1) identifying at-risk and off-track student populations by grade;
15.29 	(2) providing successful prevention and intervention strategies for at-risk students;
15.30 	(3) providing successful recuperative and recovery or reenrollment strategies for 
15.31 	off-track students; and
15.32 	(4) improving the graduation outcomes of at-risk and off-track students.
15.33 	For purposes of this paragraph, a student who is at risk of not graduating is a student 
15.34 	in eighth or ninth grade who meets one or more of the following criteria: first enrolled 
15.35 	in an English language learners program in eighth or ninth grade and may be older than 
15.36 	other students enrolled in the same grade; as an eighth grader, is absent from school for at 
16.1 	least 20 percent of the days of instruction during the school year, is two or more years 
16.2 	older than other students enrolled in the same grade, or fails multiple core academic 
16.3 	courses; or as a ninth grader, fails multiple ninth grade core academic courses in English 
16.4 	language arts, math, science, or social studies.
16.5 	For purposes of this paragraph, a student who is off track to graduate is a student 
16.6 	who meets one or more of the following criteria: first enrolled in an English language 
16.7 	learners program in high school and is older than other students enrolled in the same grade; 
16.8 	is a returning dropout; is 16 or 17 years old and two or more academic years off track to 
16.9 	graduate; is 18 years or older and two or more academic years off track to graduate; or is 
16.10 	18 years or older and may graduate within one school year.

16.11 	EFFECTIVE DATE. Subdivision 3, paragraph (e), applies to data that are collected 
16.12 	in the 2012-2013 school year and later and reported annually beginning July 1, 2013, 
16.13 	consistent with the recommendations the commissioner receives from recognized and 
16.14 	qualified experts on improving differentiated graduation rates, and establishing alternative 
16.15 	routes to a standard high school diploma for at-risk and off-track students.

16.16 	Sec. 6. Minnesota Statutes 2009 Supplement, section 120B.36, subdivision 1, is 
16.17 	amended to read:
16.18 		Subdivision 1.School performance report cards. (a) The commissioner 
16.19 	shall report student academic performance under section 120B.35, subdivision 2; the 
16.20 	percentages of students showing low, medium, and high growth under section 120B.35, 
16.21 	subdivision 3, paragraph (b); school safety and student engagement and connection 
16.22 	under section 120B.35, subdivision 3, paragraph (d); rigorous coursework under section 
16.23 	120B.35, subdivision 3, paragraph (c); the four- and six-year graduation rates of at-risk and 
16.24 	off-track students throughout the state under section 120B.35, subdivision 3, paragraph 
16.25 	(e), and the success that school districts, school sites, charter schools, and alternative 
16.26 	program providers experience in their efforts to improve the graduation outcomes of 
16.27 	those students; two separate student-to-teacher ratios that clearly indicate the definition 
16.28 	of teacher consistent with sections 122A.06 and 122A.15 for purposes of determining 
16.29 	these ratios; staff characteristics excluding salaries; student enrollment demographics; 
16.30 	district mobility; and extracurricular activities. The report also must indicate a school's 
16.31 	adequate yearly progress status, and must not set any designations applicable to high- and 
16.32 	low-performing schools due solely to adequate yearly progress status.
16.33 	(b) The commissioner shall develop, annually update, and post on the department 
16.34 	Web site school performance report cards.
17.1 	(c) The commissioner must make available performance report cards by the 
17.2 	beginning of each school year.
17.3 	(d) A school or district may appeal its adequate yearly progress status in writing to 
17.4 	the commissioner within 30 days of receiving the notice of its status. The commissioner's 
17.5 	decision to uphold or deny an appeal is final.
17.6 	(e) School performance report card data are nonpublic data under section 13.02, 
17.7 	subdivision 9, until not later than ten days after the appeal procedure described in 
17.8 	paragraph (d) concludes. The department shall annually post school performance report 
17.9 	cards to its public Web site no later than September 1.

17.10 	EFFECTIVE DATE. This section is effective the day following final enactment 
17.11 	and applies to annual reports beginning July 1, 2013.

17.12 	Sec. 7. Minnesota Statutes 2009 Supplement, section 122A.09, subdivision 4, is 
17.13 	amended to read:
17.14 		Subd. 4.License and rules. (a) The board mustmay adopt new rules and amend 
17.15 	any existing rules to license public school teachers and interns subject toonly under 
17.16 	specific legislative authority and consistent with the requirements of chapter 14. This 
17.17 	paragraph does not prohibit the board from making technical changes or corrections to 
17.18 	rules or repealing rules adopted by the board.
17.19 	(b) The board must adopt rules requiring a person to successfully complete pass a 
17.20 	skills examination in reading, writing, and mathematics as a requirement for initial teacher 
17.21 	licensure entrance into a board-approved teacher preparation program. Such rules must 
17.22 	require college and universities offering a board-approved teacher preparation program to 
17.23 	provide remedial assistance to persons who did not achieve a qualifying score on the skills 
17.24 	examination, including those for whom English is a second language.
17.25 	(c) The board must adopt rules to approve teacher preparation programs. The board, 
17.26 	upon the request of a postsecondary student preparing for teacher licensure or a licensed 
17.27 	graduate of a teacher preparation program, shall assist in resolving a dispute between the 
17.28 	person and a postsecondary institution providing a teacher preparation program when the 
17.29 	dispute involves an institution's recommendation for licensure affecting the person or the 
17.30 	person's credentials. At the board's discretion, assistance may include the application 
17.31 	of chapter 14.
17.32 	(d) The board must provide the leadership and shall adopt rules for the redesign of 
17.33 	teacher education programs to implement a research based, results-oriented curriculum 
17.34 	that focuses on the skills teachers need in order to be effective. The board shall implement 
18.1 	new systems of teacher preparation program evaluation to assure program effectiveness 
18.2 	based on proficiency of graduates in demonstrating attainment of program outcomes.
18.3 	(e) The board must adopt rules requiring candidates for initial licenses to 
18.4 	successfully complete pass an examination of general pedagogical knowledge and 
18.5 	examinations of licensure-specific teaching skills. The rules shall be effective by 
18.6 	September 1, 2001. The rules under this paragraph also must require candidates for 
18.7 	initial licenses to teach prekindergarten or elementary students to successfully complete, 
18.8 	as part of the examination of licensure-specific teaching skills, test items assessing the 
18.9 	candidates' knowledge, skill, and ability in comprehensive, scientifically based reading 
18.10 	instruction under section 122A.06, subdivision 4, and their knowledge and understanding 
18.11 	of the foundations of reading development, the development of reading comprehension, 
18.12 	and reading assessment and instruction, and their ability to integrate that knowledge 
18.13 	and understanding. The rules under this paragraph also must require general education 
18.14 	candidates for initial licenses to teach prekindergarten or elementary students to pass, 
18.15 	as part of the examination of licensure-specific teaching skills, test items assessing the 
18.16 	candidates' knowledge, skill, and ability in mathematics.
18.17 	(f) The board must adopt rules requiring teacher educators to work directly with 
18.18 	elementary or secondary school teachers in elementary or secondary schools to obtain 
18.19 	periodic exposure to the elementary or secondary teaching environment.
18.20 	(g) The board must grant licenses to interns and to candidates for initial licenses.
18.21 	(h) The board must design and implement an assessment system which requires a 
18.22 	candidate for an initial license and first continuing license to demonstrate the abilities 
18.23 	necessary to perform selected, representative teaching tasks at appropriate levels.
18.24 	(i) The board must receive recommendations from local committees as established 
18.25 	by the board for the renewal of teaching licenses. Committee recommendations must be 
18.26 	consistent with section 122A.18, subdivision 4, paragraph (b).
18.27 	(j) The board must grant life licenses to those who qualify according to requirements 
18.28 	established by the board, and suspend or revoke licenses pursuant to sections 122A.20 and 
18.29 	214.10. The board must not establish any expiration date for application for life licenses.
18.30 	(k) The board must adopt rules that require all licensed teachers who are renewing 
18.31 	their continuing license to include in their renewal requirements further preparation in 
18.32 	the areas of using positive behavior interventions and in accommodating, modifying, and 
18.33 	adapting curricula, materials, and strategies to appropriately meet the needs of individual 
18.34 	students and ensure adequate progress toward the state's graduation rule.
18.35 	(l) In adopting rules to license public school teachers who provide health-related 
18.36 	services for disabled children, the board shall adopt rules consistent with license or 
19.1 	registration requirements of the commissioner of health and the health-related boards who 
19.2 	license personnel who perform similar services outside of the school.
19.3 	(m) The board must adopt rules that require all licensed teachers who are renewing 
19.4 	their continuing license to include in their renewal requirements further reading 
19.5 	preparation, consistent with section 122A.06, subdivision 4. The rules do not take effect 
19.6 	until they are approved by law. Teachers who do not provide direct instruction including, at 
19.7 	least, counselors, school psychologists, school nurses, school social workers, audiovisual 
19.8 	directors and coordinators, and recreation personnel are exempt from this section.
19.9 	(n) The board must adopt rules that require all licensed teachers who are renewing 
19.10 	their continuing license to include in their renewal requirements further preparation 
19.11 	in understanding the key warning signs of early-onset mental illness in children and 
19.12 	adolescents.
19.13 	(o) The board, consistent with section 122A.18, subdivision 4, paragraph (b), must 
19.14 	amend its licensure renewal rules to include professional reflection and growth in best 
19.15 	teaching practices in the preparation requirements for relicensure under this paragraph 
19.16 	and paragraphs (i), (k), (m), and (n), and any other preparation requirements applicable to 
19.17 	teachers seeking to renew their continuing license from the board.
19.18 	(p) The board, consistent with paragraph (d), must adopt rules for approving 
19.19 	programs that allow qualified teacher candidates to teach in a Minnesota classroom on a 
19.20 	limited-term license, consistent with the following:
19.21 	(1) the board may issue a limited-term license, which is not a full standard license, 
19.22 	to a qualified candidate one time for a period of up to two full school years so that the 
19.23 	person may teach in a Minnesota classroom;
19.24 	(2) an approved program provider must be either a college or university with a 
19.25 	board-approved teacher preparation program or a nonprofit corporation established for 
19.26 	an education-related purpose and subject to chapter 317A that forms a partnership with 
19.27 	a college or university with a board-approved teacher preparation program and must be 
19.28 	selective in accepting candidates for a limited-term license; 
19.29 	(3) a candidate for a limited-term license must have at least a bachelor's degree and 
19.30 	must pass the required teacher licensure exams in skills, content, and pedagogy under this 
19.31 	section before the program provider may recommend the candidate for a limited-term 
19.32 	license;
19.33 	(4) the program provider and the employer must provide school-based experiences 
19.34 	for a teacher with a limited-term license and ensure that the teacher is supervised, observed, 
19.35 	mentored, and evaluated throughout the time the teacher is teaching in a classroom;
20.1 	(5) each full school year that a teacher with a limited-term license is employed to 
20.2 	teach in a Minnesota school is one year of the teacher's first probationary employment 
20.3 	period;
20.4 	(6) a teacher with a limited-term license may be the teacher of record in a Minnesota 
20.5 	school for up to two full school years and is a qualified teacher under section 122A.16; and
20.6 	(7) a teacher with a limited-term license must successfully complete board-authorized 
20.7 	work samples before the program provider may recommend to the board that it issue 
20.8 	the teacher a full standard license.
20.9 	The board's rules must allow it to issue limited-term licenses to candidates 
20.10 	recommended by research-based, innovative teacher preparation and licensure programs 
20.11 	that the board approves under this paragraph. The rules must allow the board to grant 
20.12 	initial approval to a program provider and make continuing approval contingent on the 
20.13 	program provider meeting the same program accountability and candidate competency 
20.14 	measures that all other program providers must meet for board approval under this section.

20.15 	EFFECTIVE DATE. This section is effective the day following final enactment 
20.16 	and applies to all new and amended rules proposed by the Board of Teaching, including all 
20.17 	new and amended rules that are not yet formally adopted, except that the amendments 
20.18 	to paragraphs (i) and (o) apply to licensees seeking relicensure beginning June 30, 2012. 
20.19 	This section does not affect the requirement that the Board of Teaching continue to finally 
20.20 	adopt rules initially proposed before the effective date of this section, to implement the 
20.21 	requirement of Laws 2003, chapter 129, article 1, section 10, and of Laws 2007, chapter 
20.22 	146, article 2, section 34, that the board adopt rules relating to credentials for education 
20.23 	paraprofessionals.

20.24 	Sec. 8. Minnesota Statutes 2008, section 122A.14, is amended by adding a subdivision 
20.25 	to read:
20.26 		Subd. 10.Rules incorporating national standards. The Board of School 
20.27 	Administrators must engage in rulemaking to incorporate national standards into the 
20.28 	licensing standards for principals. The rules must address national standards for effective 
20.29 	school leadership.

20.30 	Sec. 9. Minnesota Statutes 2008, section 122A.16, is amended to read:
20.31 	122A.16 HIGHLY QUALIFIED TEACHER DEFINED.
20.32 	(a) A qualified teacher is one holding a valid license, under this chapter, to perform 
20.33 	the particular service for which the teacher is employed in a public school.
21.1 	(b) For the purposes of the federal No Child Left Behind Act, a highly qualified 
21.2 	teacher is one who holds a valid license under this chapter to perform the particular service 
21.3 	for which the teacher is employed in a public school or who meets the requirements of a 
21.4 	highly objective uniform state standard of evaluation (HOUSSE).
21.5 	All Minnesota teachers teaching in a core academic subject area, as defined by the 
21.6 	federal No Child Left Behind Act, in which they are not fully licensed may complete the 
21.7 	following HOUSSE process in the core subject area for which the teacher is requesting 
21.8 	highly qualified status by completing an application, in the form and manner described by 
21.9 	the commissioner, that includes:
21.10 	(1) documentation of student achievement as evidenced by norm-referenced test 
21.11 	results that are objective and psychometrically valid and reliable;
21.12 	(2) evidence of local, state, or national activities, recognition, or awards for 
21.13 	professional contribution to achievement;
21.14 	(3) description of teaching experience in the teachers' core subject area in a public 
21.15 	school under a waiver, variance, limited license or other exception; nonpublic school; and 
21.16 	postsecondary institution;
21.17 	(4) test results from the Praxis IIsubject area content test;
21.18 	(5) evidence of advanced certification from the National Board for Professional 
21.19 	Teaching Standards;
21.20 	(6) evidence of the successful completion of course work or pedagogy courses; and
21.21 	(7) evidence of the successful completion of high quality professional development 
21.22 	activities.
21.23 	Districts must assign a school administrator to serve as a HOUSSE reviewer to 
21.24 	meet with teachers under this paragraph and, where appropriate, certify the teachers' 
21.25 	applications. Teachers satisfy the definition of highly qualified when the teachers receive 
21.26 	at least 100 of the total number of points used to measure the teachers' content expertise 
21.27 	under clauses (1) to (7). Teachers may acquire up to 50 points only in any one clause (1) 
21.28 	to (7). Teachers may use the HOUSSE process to satisfy the definition of highly qualified 
21.29 	for more than one subject area.
21.30 	(c) Achievement of the HOUSSE criteria is not equivalent to a license. A teacher 
21.31 	must obtain permission from the Board of Teaching in order to teach in a public school.

21.32 	Sec. 10. Minnesota Statutes 2008, section 122A.18, subdivision 1, is amended to read:
21.33 		Subdivision 1.Authority to license. (a) The Board of Teaching must license 
21.34 	teachers, as defined in section 122A.15, subdivision 1, except for supervisory personnel, 
21.35 	as defined in section 122A.15, subdivision 2.  
22.1 	(b) The Board of School Administrators must license supervisory personnel as 
22.2 	defined in section 122A.15, subdivision 2, except for athletic coaches.  
22.3 	(c) Licenses under the jurisdiction of the Board of Teaching, the Board of School 
22.4 	Administrators, and the commissioner of education must be issued through the licensing 
22.5 	section of the department.
22.6 	(d) The Board of Teaching and the Department of Education must enter into a data 
22.7 	sharing agreement to share educational data at the K-12 level for the limited purpose 
22.8 	of program approval and improvement for teacher education programs. The program 
22.9 	approval process must include targeted redesign of teacher preparation programs to 
22.10 	address identified K-12 student areas of concern. The Board of Teaching must ensure 
22.11 	that this information remains confidential and shall only be used for this purpose. Any 
22.12 	unauthorized disclosure shall be subject to a penalty.
22.13 	(e) The Board of School Administrators and the Department of Education must enter 
22.14 	into a data sharing agreement to share educational data at the K-12 level for the limited 
22.15 	purpose of program approval and improvement for education administration programs. 
22.16 	The program approval process must include targeted redesign of education administration 
22.17 	preparation programs to address identified K-12 student areas of concern. The Board of 
22.18 	School Administrators must ensure that this information remains confidential and shall 
22.19 	only be used for this purpose. Any unauthorized disclosure shall be subject to a penalty.

22.20 	Sec. 11. Minnesota Statutes 2008, section 122A.18, subdivision 2, is amended to read:
22.21 		Subd. 2.Teacher and support personnel qualifications. (a) The Board of 
22.22 	Teaching must issue licenses under its jurisdiction to persons the board finds to be 
22.23 	qualified and competent for their respective positions.
22.24 	(b) The board must require a person to successfully complete pass an examination of 
22.25 	skills in reading, writing, and mathematics before being granted an initial teaching license 
22.26 	to provide direct instruction to pupils in prekindergarten, elementary, secondary, or special 
22.27 	education programs. The board must require colleges and universities offering a board 
22.28 	approved teacher preparation program to provide remedial assistance that includes a 
22.29 	formal diagnostic component to persons enrolled in their institution who did not achieve a 
22.30 	qualifying score on the skills examination, including those for whom English is a second 
22.31 	language. The colleges and universities must provide assistance in the specific academic 
22.32 	areas of deficiency in which the person did not achieve a qualifying score. School 
22.33 	districts must provide similar, appropriate, and timely remedial assistance that includes a 
22.34 	formal diagnostic component and mentoring to those persons employed by the district 
22.35 	who completed their teacher education program outside the state of Minnesota, received 
23.1 	a one-year license to teach in Minnesota and did not achieve a qualifying score on the 
23.2 	skills examination, including those persons for whom English is a second language. The 
23.3 	Board of Teaching shall report annually to the education committees of the legislature 
23.4 	on the total number of teacher candidates during the most recent school year taking the 
23.5 	skills examination, the number who achieve a qualifying score on the examination, the 
23.6 	number who do not achieve a qualifying score on the examination, the distribution of all 
23.7 	candidates' scores, the number of candidates who have taken the examination at least once 
23.8 	before, and the number of candidates who have taken the examination at least once before 
23.9 	and achieve a qualifying score.
23.10 	(c) A person who has completed an approved teacher preparation program and 
23.11 	obtained a one-year license to teach, but has not successfully completed the skills 
23.12 	examination, may renew the one-year license for two additional one-year periods. Each 
23.13 	renewal of the one-year license is contingent upon the licensee:
23.14 	(1) providing evidence of participating in an approved remedial assistance program 
23.15 	provided by a school district or postsecondary institution that includes a formal diagnostic 
23.16 	component in the specific areas in which the licensee did not obtain qualifying scores; and
23.17 	(2) attempting to successfully complete the skills examination during the period 
23.18 	of each one-year license.
23.19 	(d)(c) The Board of Teaching must grant continuing licenses only to those persons 
23.20 	who have met board criteria for granting a continuing license, which includes successfully 
23.21 	completing passing the skills examination in reading, writing, and mathematics.
23.22 	(e)(d) All colleges and universities approved by the board of teaching to prepare 
23.23 	persons for teacher licensure must include in their teacher preparation programs a common 
23.24 	core of teaching knowledge and skills to be acquired by all persons recommended 
23.25 	for teacher licensure. This common core shall meet the standards developed by the 
23.26 	interstate new teacher assessment and support consortium in its 1992 "model standards for 
23.27 	beginning teacher licensing and development." Amendments to standards adopted under 
23.28 	this paragraph are covered by chapter 14. The board of teaching shall report annually to 
23.29 	the education committees of the legislature on the performance of teacher candidates 
23.30 	on common core assessments of knowledge and skills under this paragraph during the 
23.31 	most recent school year.
23.32 	(e) All colleges and universities approved by the Board of Teaching to prepare 
23.33 	persons for teacher licensure must require online pedagogy and at least one online course 
23.34 	to be completed by all persons recommended for teacher licensure.
23.35 	(f) The Board of Teaching must ensure the K-12 teacher licensing standards maintain 
23.36 	a high level of alignment with the K-12 student standards. The Board of Teaching must 
24.1 	adopt a review cycle that mirrors the K-12 student standards review cycle under section 
24.2 	120B.023, subdivision 2. The teacher standards must be reviewed and aligned with the 
24.3 	K-12 student standards within one year of the final review and adoption of the K-12 
24.4 	student standards.

24.5 	Sec. 12. Minnesota Statutes 2008, section 122A.23, subdivision 2, is amended to read:
24.6 		Subd. 2.Applicants licensed in other states. (a) Subject to the requirements 
24.7 	of sections 122A.18, subdivision 8, and 123B.03, the Board of Teaching must issue 
24.8 	a teaching license or a temporary teaching license under paragraphs (b) to (e) to an 
24.9 	applicant who holds at least a baccalaureate degree from a regionally accredited college 
24.10 	or university and holds or held a similar out-of-state teaching license that requires the 
24.11 	applicant to successfully complete a teacher preparation program approved by the issuing 
24.12 	state, which includes field-specific teaching methods and student teaching or essentially 
24.13 	equivalent experience.  
24.14 	(b) The Board of Teaching must issue a teaching license to an applicant who:
24.15 	(1) successfully completed passed all exams and successfully completed human 
24.16 	relations preparation components required by the Board of Teaching; and
24.17 	(2) holds or held an out-of-state teaching license to teach the same content field and 
24.18 	grade levels if the scope of the out-of-state license is no more than one grade level less 
24.19 	than a similar Minnesota license.
24.20 	(c) The Board of Teaching, consistent with board rules, must issue up to three 
24.21 	one-year temporary teaching licenses to an applicant who holds or held an out-of-state 
24.22 	teaching license to teach the same content field and grade levels, where the scope of the 
24.23 	out-of-state license is no more than one grade level less than a similar Minnesota license, 
24.24 	but has not successfully completed passed all exams and successfully completed human 
24.25 	relations preparation components required by the Board of Teaching.
24.26 	(d) The Board of Teaching, consistent with board rules, must issue up to three 
24.27 	one-year temporary teaching licenses to an applicant who:
24.28 	(1) successfully completed passed all exams and successfully completed human 
24.29 	relations preparation components required by the Board of Teaching; and
24.30 	(2) holds or held an out-of-state teaching license to teach the same content field 
24.31 	and grade levels, where the scope of the out-of-state license is no more than one grade 
24.32 	level less than a similar Minnesota license, but has not completed field-specific teaching 
24.33 	methods or student teaching or equivalent experience.
24.34 	The applicant may complete field-specific teaching methods and student teaching 
24.35 	or equivalent experience by successfully participating in a one-year school district 
25.1 	mentorship program consistent with board-adopted standards of effective practice and 
25.2 	Minnesota graduation requirements.
25.3 	(e) The Board of Teaching must issue a temporary teaching license for a term of 
25.4 	up to three years only in the content field or grade levels specified in the out-of-state 
25.5 	license to an applicant who:
25.6 	(1) successfully completed passed all exams and successfully completed human 
25.7 	relations preparation components required by the Board of Teaching; and
25.8 	(2) holds or held an out-of-state teaching license where the out-of-state license is 
25.9 	more limited in the content field or grade levels than a similar Minnesota license.
25.10 	(f) The Board of Teaching must not issue to an applicant more than three one-year 
25.11 	temporary teaching licenses under this subdivision.
25.12 	(g) The Board of Teaching must not issue a license under this subdivision if the 
25.13 	applicant has not attained the additional degrees, credentials, or licenses required in a 
25.14 	particular licensure field.

25.15 	Sec. 13. Minnesota Statutes 2008, section 124D.091, subdivision 2, is amended to read:
25.16 		Subd. 2.Eligibility. A district that offers a concurrent enrollment course according 
25.17 	to an agreement under section 124D.09, subdivision 10, is eligible to receive aid for the 
25.18 	costs of providing postsecondary courses at the high school. Beginning in fiscal year 
25.19 	2011, districts only are eligible for aid if the college or university concurrent enrollment 
25.20 	courses offered by the district: (1) are accredited by the National Alliance of Concurrent 
25.21 	Enrollment Partnership, or are in the process of being accredited, or; (2) are shown by 
25.22 	clear evidence to be of comparable standard to accredited courses; or (3) are technical 
25.23 	courses within a recognized career and technical education program of study approved 
25.24 	by the commissioner of education and the chancellor of the Minnesota State Colleges 
25.25 	and Universities.

25.26 	Sec. 14. Minnesota Statutes 2008, section 124D.091, subdivision 3, is amended to read:
25.27 		Subd. 3.Aid. An eligible district shall receive up to $150 per pupil enrolled in a
25.28 	an eligible concurrent enrollment course. The money must be used to defray the cost of 
25.29 	delivering the course at the high school. The commissioner shall establish application 
25.30 	procedures and deadlines for receipt of aid payments.

25.31 	Sec. 15. Minnesota Statutes 2009 Supplement, section 124D.10, subdivision 3, is 
25.32 	amended to read:
26.1 		Subd. 3.Authorizer. (a) For purposes of this section, the terms defined in this 
26.2 	subdivision have the meanings given them.
26.3 	"Application" to receive approval as an authorizer means the proposal an eligible 
26.4 	authorizer submits to the commissioner under paragraph (c) before that authorizer is able 
26.5 	to submit any affidavit to charter to a school.
26.6 	"Application" under subdivision 4 means the charter school business plan a 
26.7 	school developer submits to an authorizer for approval to establish a charter school that 
26.8 	documents the school developer's mission statement, school purposes, program design, 
26.9 	financial plan, governance and management structure, and background and experience, 
26.10 	plus any other information the authorizer requests. The application also shall include a 
26.11 	"statement of assurances" of legal compliance prescribed by the commissioner.
26.12 	"Affidavit" means a written statement the authorizer submits to the commissioner 
26.13 	for approval to establish a charter school under subdivision 4 attesting to its review and 
26.14 	approval process before chartering a school.
26.15 	"Affidavit" means the form an authorizer submits to the commissioner that is a 
26.16 	precondition to a charter school organizing an affiliated nonprofit building corporation 
26.17 	under subdivision 17a.
26.18 	(b) The following organizations may authorize one or more charter schools:
26.19 	(1) a school board; intermediate school district school board; education district 
26.20 	organized under sections 123A.15 to 123A.19;
26.21 	(2) a charitable organization under section 501(c)(3) of the Internal Revenue 
26.22 	Code of 1986, excluding a nonpublic sectarian or religious institution, without an 
26.23 	approved affidavit by the commissioner prior to July 1, 2009, and any person other than a 
26.24 	natural person that directly or indirectly, through one or more intermediaries, controls, 
26.25 	is controlled by, or is under common control with the nonpublic sectarian or religious 
26.26 	institution, and any other charitable organization under this clause that in the federal IRS 
26.27 	Form 1023, Part IV, describes activities indicating a religious purpose, that:
26.28 	(i) is a member of the Minnesota Council of Nonprofits or the Minnesota Council on 
26.29 	Foundations;
26.30 	(ii) is registered with the attorney general's office;
26.31 	(iii) reports an end-of-year fund balance of at least $2,000,000; and
26.32 	(iv) is incorporated in the state of Minnesota;
26.33 	(3) a Minnesota private college, notwithstanding clause (2), that grants two- or 
26.34 	four-year degrees and is registered with the Minnesota Office of Higher Education under 
26.35 	chapter 136A; community college, state university, or technical college governed by the 
27.1 	Board of Trustees of the Minnesota State Colleges and Universities; or the University of 
27.2 	Minnesota; or
27.3 	(4) a nonprofit corporation subject to chapter 317A, described in section 317A.905, 
27.4 	and exempt from federal income tax under section 501(c)(6) of the Internal Revenue Code 
27.5 	of 1986, may authorize one or more charter schools if the charter school has operated 
27.6 	for at least three years under a different authorizer and if the nonprofit corporation has 
27.7 	existed for at least 25 years.
27.8 	(5) no more than three single-purpose sponsors that are charitable, nonsectarian 
27.9 	organizations formed under section 501(c)(3) of the Internal Revenue Code of 1986 and 
27.10 	incorporated in the state of Minnesota whose sole purpose is to charter schools. Eligible 
27.11 	organizations interested in being approved as a sponsor under this paragraph must submit a 
27.12 	proposal to the commissioner that includes the provisions of paragraph (c) and a five-year 
27.13 	financial plan. Such authorizers shall consider and approve applications using the criteria 
27.14 	provided in subdivision 4 and shall not limit the applications it solicits, considers, or 
27.15 	approves to any single curriculum, learning program, or method.
27.16 	(c) An eligible authorizer under this subdivision must apply to the commissioner for 
27.17 	approval as an authorizer before submitting any affidavit to the commissioner to charter 
27.18 	a school. The application for approval as a charter school authorizer must demonstrate 
27.19 	the applicant's ability to implement the procedures and satisfy the criteria for chartering a 
27.20 	school under this section. The commissioner must approve or disapprove an application 
27.21 	within 60 business days of the application deadline. If the commissioner disapproves 
27.22 	the application, the commissioner must notify the applicant of the deficiencies and the 
27.23 	applicant then has 20 business days to address the deficiencies to the commissioner's 
27.24 	satisfaction. Failing to address the deficiencies to the commissioner's satisfaction makes 
27.25 	an applicant ineligible to be an authorizer. The commissioner, in establishing criteria for 
27.26 	approval, must consider the applicant's:
27.27 	(1) capacity and infrastructure;
27.28 	(2) application criteria and process;
27.29 	(3) contracting process;
27.30 	(4) ongoing oversight and evaluation processes; and
27.31 	(5) renewal criteria and processes.
27.32 	(d) The affidavit application for approval to be submitted to and evaluated by the 
27.33 	commissioner must include at least the following:
27.34 	(1) how chartering schools is a way for the organization to carry out its mission;
27.35 	(2) a description of the capacity of the organization to serve as a sponsor, including 
27.36 	the personnel who will perform the sponsoring duties, their qualifications, the amount of 
28.1 	time they will be assigned to this responsibility, and the financial resources allocated 
28.2 	by the organization to this responsibility;
28.3 	(3) a description of the application and review process the authorizer will use to make 
28.4 	decisions regarding the granting of charters, which will include at least the following:
28.5 	(i) how the statutory purposes defined in subdivision 1 are addressed;
28.6 	(ii) the mission, goals, program model, and student performance expectations;
28.7 	(iii) an evaluation plan for the school that includes criteria for evaluating educational, 
28.8 	organizational, and fiscal plans;
28.9 	(iv) the school's governance plan;
28.10 	(v) the financial management plan; and
28.11 	(vi) the administration and operations plan;
28.12 	(4) a description of the type of contract it will arrange with the schools it charters 
28.13 	that meets the provisions of subdivision 6 and defines the rights and responsibilities of the 
28.14 	charter school for governing its educational program, controlling its funds, and making 
28.15 	school management decisions;
28.16 	(5) the process to be used for providing ongoing oversight of the school consistent 
28.17 	with the contract expectations specified in clause (4) that assures that the schools chartered 
28.18 	are complying with both the provisions of applicable law and rules, and with the contract;
28.19 	(6) the process for making decisions regarding the renewal or termination of 
28.20 	the school's charter based on evidence that demonstrates the academic, organizational, 
28.21 	and financial competency of the school, including its success in increasing student 
28.22 	achievement and meeting the goals of the charter school agreement; and
28.23 	(7) an assurance specifying that the organization is committed to serving as a 
28.24 	sponsor for the full five-year term.
28.25 	A disapproved applicant under this paragraph may resubmit an application during a 
28.26 	future application period.
28.27 	(e) The authorizer must participate in department-approved training.
28.28 	(f) An authorizer that chartered a school before August 1, 2009, must apply by 
28.29 	June 30, 2011, to the commissioner for approval, under paragraph (c), to continue as an 
28.30 	authorizer under this section. For purposes of this paragraph, an authorizer that fails to 
28.31 	submit a timely application is ineligible to charter a school.
28.32 	(g) The commissioner shall review an authorizer's performance every five years in 
28.33 	a manner and form determined by the commissioner and may review an authorizer's 
28.34 	performance more frequently at the commissioner's own initiative or at the request of a 
28.35 	charter school operator, charter school board member, or other interested party. The 
28.36 	commissioner, after completing the review, shall transmit a report with findings to the 
29.1 	authorizer. If, consistent with this section, the commissioner finds that an authorizer 
29.2 	has not fulfilled the requirements of this section, the commissioner may subject the 
29.3 	authorizer to corrective action, which may include terminating the contract with the 
29.4 	charter school board of directors of a school it chartered. The commissioner must notify 
29.5 	the authorizer in writing of any findings that may subject the authorizer to corrective 
29.6 	action and the authorizer then has 15 business days to request an informal hearing before 
29.7 	the commissioner takes corrective action.
29.8 	(h) The commissioner may at any time take corrective action against an authorizer, 
29.9 	including terminating an authorizer's ability to charter a school for:
29.10 	(1) failing to demonstrate the criteria under paragraph (c) under which the 
29.11 	commissioner approved the authorizer;
29.12 	(2) violating a term of the chartering contract between the authorizer and the charter 
29.13 	school board of directors; or
29.14 	(3) unsatisfactory performance as an approved authorizer.

29.15 	Sec. 16. Minnesota Statutes 2009 Supplement, section 124D.10, subdivision 4, is 
29.16 	amended to read:
29.17 		Subd. 4.Formation of school. (a) An authorizer, after receiving an application from 
29.18 	a school developer, may charter a licensed teacher under section 122A.18, subdivision 
29.19 	1, or a group of individuals that includes one or more licensed teachers under section 
29.20 	122A.18, subdivision 1, to operate a school subject to the commissioner's approval of the 
29.21 	authorizer's affidavit under paragraph (b). The school must be organized and operated 
29.22 	as a cooperative under chapter 308A or nonprofit corporation under chapter 317A and 
29.23 	the provisions under the applicable chapter shall apply to the school except as provided 
29.24 	in this section.
29.25 	Notwithstanding sections 465.717 and 465.719, a school district, subject to this 
29.26 	section and section 124D.11, may create a corporation for the purpose of establishing a 
29.27 	charter school.
29.28 	(b) Before the operators may establish and operate a school, the authorizer must file 
29.29 	an affidavit with the commissioner stating its intent to charter a school. An authorizer 
29.30 	must file a separate affidavit for each school it intends to charter. The affidavit must 
29.31 	state the terms and conditions under which the authorizer would charter a school and 
29.32 	how the authorizer intends to oversee the fiscal and student performance of the charter 
29.33 	school and to comply with the terms of the written contract between the authorizer 
29.34 	and the charter school board of directors under subdivision 6. The commissioner must 
29.35 	approve or disapprove the authorizer's affidavit within 60 business days of receipt of the 
30.1 	affidavit. If the commissioner disapproves the affidavit, the commissioner shall notify 
30.2 	the authorizer of the deficiencies in the affidavit and the authorizer then has 20 business 
30.3 	days to address the deficiencies. If the authorizer does not address deficiencies to the 
30.4 	commissioner's satisfaction, the commissioner's disapproval is final. Failure to obtain 
30.5 	commissioner approval precludes an authorizer from chartering the school that is the 
30.6 	subject of this affidavit.
30.7 	(c) The authorizer may prevent an approved charter school from opening for 
30.8 	operation if, among other grounds, the charter school violates this section or does not meet 
30.9 	the ready-to-open standards that are part of the authorizer's oversight and evaluation 
30.10 	process or are stipulated in the charter school contract.
30.11 	(d) The operators authorized to organize and operate a school, before entering into a 
30.12 	contract or other agreement for professional or other services, goods, or facilities, must 
30.13 	incorporate as a cooperative under chapter 308A or as a nonprofit corporation under 
30.14 	chapter 317A and must establish a board of directors composed of at least five members 
30.15 	who are not related parties until a timely election for members of the ongoing charter 
30.16 	school board of directors is held according to the school's articles and bylaws under 
30.17 	paragraph (f). A charter school board of directors must be composed of at least five 
30.18 	members who are not related parties. Staff members employed at the school, including 
30.19 	teachers providing instruction under a contract with a cooperative, and all parents or legal 
30.20 	guardians of children enrolled in the school are the voters eligible to elect the members 
30.21 	of the school's board of directors. A charter school must notify eligible voters of the 
30.22 	school board election dates at least 30 days before the election. Board of director meetings 
30.23 	must comply with chapter 13D.
30.24 	(e) Upon the request of an individual, the charter school must make available in 
30.25 	a timely fashion the minutes of meetings of the board of directors, and of members 
30.26 	and committees having any board-delegated authority; financial statements showing all 
30.27 	operations and transactions affecting income, surplus, and deficit during the school's last 
30.28 	annual accounting period; and a balance sheet summarizing assets and liabilities on the 
30.29 	closing date of the accounting period. A charter school also must post on its official Web 
30.30 	site information identifying its authorizer and indicate how to contact that authorizer and 
30.31 	include that same information about its authorizer in other school materials that it makes 
30.32 	available to the public.
30.33 	(f) Every charter school board member shall attend department-approved training 
30.34 	on board governance, the board's role and responsibilities, employment policies and 
30.35 	practices, and financial management. A board member who does not begin the required 
31.1 	training within six months of being seated and complete the required training within 12 
31.2 	months of being seated on the board is ineligible to continue to serve as a board member.
31.3 	(g) The ongoing board must be elected before the school completes its third year 
31.4 	of operation. Board elections must be held during a time when school is in session. The 
31.5 	charter school board of directors shall be composed of at least five nonrelated members 
31.6 	and include: (i) at least one licensed teacher employed and serving as a teacher at the 
31.7 	school or a licensed teacher providing instruction under a contact contract between the 
31.8 	charter school and a cooperative; (ii) the parent or legal guardian of a student enrolled 
31.9 	in the charter school who is not employed by the charter school; and (iii) an interested 
31.10 	community member who is not employed by the charter school and does not have a child 
31.11 	enrolled in the school. The board may be a teacher majority board composed of teachers 
31.12 	described in this paragraph. The chief financial officer and the chief administrator are may 
31.13 	only serve as ex-officio nonvoting board members and shall not serve as a voting member 
31.14 	of the board. Charter school employees or contractors shall not serve on the board unless 
31.15 	the employee is a licensed teacher for purposes of item (i) or clause (1). Board bylaws 
31.16 	shall outline the process and procedures for changing the board's governance model, 
31.17 	consistent with chapter 317A. A board may change its governance model only:
31.18 	(1) by a majority vote of the board of directors and the licensed teachers employed 
31.19 	by the school, including licensed teachers providing instruction under a contract between 
31.20 	the school and a cooperative; and
31.21 	(2) with the authorizer's approval.
31.22 	Any change in board governance must conform with the board structure established 
31.23 	under this paragraph.
31.24 	(h) The granting or renewal of a charter by an authorizer must not be conditioned 
31.25 	upon the bargaining unit status of the employees of the school.
31.26 	(i) The granting or renewal of a charter school by an authorizer must not be 
31.27 	contingent on the charter school being required to contract, lease, or purchase services 
31.28 	from the authorizer. Any potential contract, lease, or purchase of service from an 
31.29 	authorizer must be disclosed to the commissioner, accepted through an open bidding 
31.30 	process, and be a separate contract from the charter contract. The school must document 
31.31 	the open bidding process. An authorizer must not enter into a contract to provide 
31.32 	management and financial services for a school that it authorizes, unless the school 
31.33 	documents that it received at least two competitive bids.
31.34 	(j) An authorizer may permit the board of directors of a charter school to expand 
31.35 	the operation of the charter school to additional sites or to add additional grades at the 
31.36 	school beyond those described in the authorizer's original affidavit as approved by 
32.1 	the commissioner only after submitting a supplemental affidavit for approval to the 
32.2 	commissioner in a form and manner prescribed by the commissioner. The supplemental 
32.3 	affidavit must show that:
32.4 	(1) the expansion proposed by the charter school is supported by need and projected 
32.5 	enrollment;
32.6 	(2) the charter school expansion is warranted, at a minimum, by longitudinal data 
32.7 	demonstrating students' improved academic performance and growth on statewide 
32.8 	assessments under chapter 120B;
32.9 	(3) the charter school is fiscally sound and has the financial capacity to implement 
32.10 	the proposed expansion; and
32.11 	(4) the authorizer finds that the charter school has the management capacity to 
32.12 	carry out its expansion.
32.13 	(k) The commissioner shall have 30 business days to review and comment on the 
32.14 	supplemental affidavit. The commissioner shall notify the authorizer of any deficiencies in 
32.15 	the supplemental affidavit and the authorizer then has 30 business days to address, to the 
32.16 	commissioner's satisfaction, any deficiencies in the supplemental affidavit. The school 
32.17 	may not expand grades or add sites until the commissioner has approved the supplemental 
32.18 	affidavit. The commissioner's approval or disapproval of a supplemental affidavit is final.

32.19 	Sec. 17. Minnesota Statutes 2009 Supplement, section 124D.10, subdivision 6a, 
32.20 	is amended to read:
32.21 		Subd. 6a.Audit report. (a) The charter school must submit an audit report to the 
32.22 	commissioner and its authorizer by December 31 each year.
32.23 	(b) The charter school, with the assistance of the auditor conducting the audit, must 
32.24 	include with the report a copy of all charter school agreements for corporate management 
32.25 	services. If the entity that provides the professional services to the charter school is 
32.26 	exempt from taxation under section 501 of the Internal Revenue Code of 1986, that entity 
32.27 	must file with the commissioner by February 15 a copy of the annual return required under 
32.28 	section 6033 of the Internal Revenue Code of 1986.
32.29 	(c) If the commissioner receives an audit report indicating that a material weakness 
32.30 	exists in the financial reporting systems of a charter school, the charter school must 
32.31 	submit a written report to the commissioner explaining how the material weakness will 
32.32 	be resolved. An entity, as a condition of providing financial services to a charter school, 
32.33 	must agree to and make available information about a charter school's financial audit to 
32.34 	the commissioner upon request.

33.1 	Sec. 18. Minnesota Statutes 2009 Supplement, section 124D.10, subdivision 23, 
33.2 	is amended to read:
33.3 		Subd. 23.Causes for nonrenewal or termination of charter school contract. (a) 
33.4 	The duration of the contract with an authorizer must be for the term contained in the 
33.5 	contract according to subdivision 6. The authorizer may or may not renew a contract at 
33.6 	the end of the term for any ground listed in paragraph (b). An authorizer may unilaterally 
33.7 	terminate a contract during the term of the contract for any ground listed in paragraph 
33.8 	(b). At least 60 days before not renewing or terminating a contract, the authorizer shall 
33.9 	notify the board of directors of the charter school of the proposed action in writing. The 
33.10 	notice shall state the grounds for the proposed action in reasonable detail and that the 
33.11 	charter school's board of directors may request in writing an informal hearing before the 
33.12 	authorizer within 15 business days of receiving notice of nonrenewal or termination of the 
33.13 	contract. Failure by the board of directors to make a written request for a hearing within 
33.14 	the 15-business-day period shall be treated as acquiescence to the proposed action. Upon 
33.15 	receiving a timely written request for a hearing, the authorizer shall give ten business days' 
33.16 	notice to the charter school's board of directors of the hearing date. The authorizer shall 
33.17 	conduct an informal hearing before taking final action. The authorizer shall take final 
33.18 	action to renew or not renew a contract no later than 20 business days before the proposed 
33.19 	date for terminating the contract or the end date of the contract.
33.20 	(b) A contract may be terminated or not renewed upon any of the following grounds:
33.21 	(1) failure to meet the requirements for pupil performance contained in the contract;
33.22 	(2) failure to meet generally accepted standards of fiscal management;
33.23 	(3) violations of law; or
33.24 	(4) other good cause shown.
33.25 	If a contract is terminated or not renewed under this paragraph, the school must be 
33.26 	dissolved according to the applicable provisions of chapter 308A or 317A.
33.27 	(c) If the sponsor and the charter school board of directors mutually agree to 
33.28 	terminate or not renew the contract, a change in sponsors is allowed if the commissioner 
33.29 	approves the transfer to a different eligible authorizer to authorize the charter school. 
33.30 	Both parties must jointly submit their intent in writing to the commissioner to mutually 
33.31 	terminate the contract. The sponsor that is a party to the existing contract at least must 
33.32 	inform the approved different eligible sponsor about the fiscal and operational status 
33.33 	and student performance of the school. Before the commissioner determines whether 
33.34 	to approve a transfer of authorizer, the commissioner first must determine whether the 
33.35 	charter school and prospective new authorizer can identify and effectively resolve those 
33.36 	circumstances causing the previous authorizer and the charter school to mutually agree to 
34.1 	terminate the contract. If no transfer of sponsor is approved, the school must be dissolved 
34.2 	according to applicable law and the terms of the contract.
34.3 	(d) The commissioner, after providing reasonable notice to the board of directors of 
34.4 	a charter school and the existing authorizer, and after providing an opportunity for a public 
34.5 	hearing under chapter 14, may terminate the existing contract between the authorizer and 
34.6 	the charter school board if the charter school has a history of:
34.7 	(1) failure to meet pupil performance requirements contained in the contract
34.8 	consistent with state law;
34.9 	(2) financial mismanagement or failure to meet generally accepted standards of 
34.10 	fiscal management; or
34.11 	(3) repeated or major violations of the law.
34.12 	(e) If the commissioner terminates a charter school contract under subdivision 3, 
34.13 	paragraph (g), the commissioner shall provide the charter school with information about 
34.14 	other eligible authorizers.

34.15 	Sec. 19. Minnesota Statutes 2009 Supplement, section 124D.11, subdivision 9, is 
34.16 	amended to read:
34.17 		Subd. 9.Payment of aids to charter schools. (a) Notwithstanding section 127A.45, 
34.18 	subdivision 3, aid payments for the current fiscal year to a charter school shall be of an 
34.19 	equal amount on each of the 24 payment dates.
34.20 	(b) Notwithstanding paragraph (a) and section 127A.45, for a charter school ceasing 
34.21 	operation on or prior to June 30 of a school year, for the payment periods occurring after 
34.22 	the school ceases serving students, the commissioner shall withhold the estimated state aid 
34.23 	owed the school. The charter school board of directors and authorizer must submit to the 
34.24 	commissioner a closure plan under chapter 308A or 317A, and financial information about 
34.25 	the school's liabilities and assets. After receiving the closure plan, financial information, 
34.26 	an audit of pupil counts, documentation of lease expenditures, and monitoring of special 
34.27 	education expenditures, the commissioner may release cash withheld and may continue 
34.28 	regular payments up to the current year payment percentages if further amounts are 
34.29 	owed. If, based on audits and monitoring, the school received state aid in excess of the 
34.30 	amount owed, the commissioner shall retain aid withheld sufficient to eliminate the aid 
34.31 	overpayment. For a charter school ceasing operations prior to, or at the end of, a school 
34.32 	year, notwithstanding section 127A.45, subdivision 3, preliminary final payments may 
34.33 	be made after receiving the closure plan, audit of pupil counts, monitoring of special 
34.34 	education expenditures, documentation of lease expenditures, and school submission of 
34.35 	Uniform Financial Accounting and Reporting Standards (UFARS) financial data for the 
35.1 	final year of operation. Final payment may be made upon receipt of audited financial 
35.2 	statements under section 123B.77, subdivision 3.
35.3 	(c) If a charter school fails to comply with the commissioner's directive to return, 
35.4 	for cause, federal or state funds administered by the department, the commissioner may 
35.5 	withhold an amount of state aid sufficient to satisfy the directive.
35.6 	(d) If, within the timeline under section 471.425, a charter school fails to pay the state 
35.7 	of Minnesota, a school district, intermediate school district, or service cooperative after 
35.8 	receiving an undisputed invoice for goods and services, the commissioner may withhold 
35.9 	an amount of state aid sufficient to satisfy the claim and shall distribute the withheld 
35.10 	aid to the interested state agency, school district, intermediate school district, or service 
35.11 	cooperative. An interested state agency, school district, intermediate school district, or 
35.12 	education cooperative shall notify the commissioner when a charter school fails to pay an 
35.13 	undisputed invoice within 75 business days of when it received the original invoice.
35.14 	(e) Notwithstanding section 127A.45, subdivision 3, and paragraph (a), 80 percent 
35.15 	of the start-up cost aid under subdivision 8 shall be paid within 45 days after the first day 
35.16 	of student attendance for that school year.
35.17 	(f) In order to receive state aid payments under this subdivision, a charter school in 
35.18 	its first three years of operation must submit a school calendar in the form and manner 
35.19 	requested by the department and a quarterly report to the Department of Education. The 
35.20 	report must list each student by grade, show the student's start and end dates, if any, 
35.21 	with the charter school, and for any student participating in a learning year program, 
35.22 	the report must list the hours and times of learning year activities. The report must be 
35.23 	submitted not more than two weeks after the end of the calendar quarter to the department. 
35.24 	The department must develop a Web-based reporting form for charter schools to use 
35.25 	when submitting enrollment reports. A charter school in its fourth and subsequent year of 
35.26 	operation must submit a school calendar and enrollment information to the department in 
35.27 	the form and manner requested by the department.
35.28 	(g) Notwithstanding chapter 317A, a charter school may not pledge or assign state 
35.29 	aids to be received to a lender or creditor.
35.30 	(g) (h) Notwithstanding sections 317A.701 to 317A.791, upon closure of a charter 
35.31 	school and satisfaction of creditors, cash and investment balances remaining shall be 
35.32 	returned to the state.

35.33 	Sec. 20. Minnesota Statutes 2008, section 127A.42, subdivision 2, is amended to read:
36.1 		Subd. 2.Violations of law. The commissioner may reduce or withhold the district's 
36.2 	state aid for any school year whenever the board of the district authorizes or permits 
36.3 	violations of law within the district by:
36.4 	(1) employing a teacher who does not hold a valid teaching license or permit in a 
36.5 	public school;
36.6 	(2) noncompliance with a mandatory rule of general application promulgated by the 
36.7 	commissioner in accordance with statute, unless special circumstances make enforcement 
36.8 	inequitable, impose an extraordinary hardship on the district, or the rule is contrary to 
36.9 	the district's best interests;
36.10 	(3) the district's continued performance of a contract made for the rental of rooms 
36.11 	or buildings for school purposes or for the rental of any facility owned or operated by or 
36.12 	under the direction of any private organization, if the contract has been disapproved, the 
36.13 	time for review of the determination of disapproval has expired, and no proceeding for 
36.14 	review is pending;
36.15 	(4) any practice which is a violation of sections 1 and 2 of article 13 of the 
36.16 	Constitution of the state of Minnesota;
36.17 	(5) failure to reasonably provide for a resident pupil's school attendance under 
36.18 	Minnesota Statutes;
36.19 	(6) noncompliance with state laws prohibiting discrimination because of race, 
36.20 	color, creed, religion, national origin, sex, age, marital status, status with regard to 
36.21 	public assistance or disability, as defined in sections 363A.08 to 363A.19 and 363A.28, 
36.22 	subdivision 10; or 
36.23 	(7) using funds contrary to the statutory purpose of the funds.
36.24 	The reduction or withholding must be made in the amount and upon the procedure 
36.25 	provided in this section, or, in the case of the violation stated in clause (1), upon the 
36.26 	procedure provided in section 127A.43.

36.27 	Sec. 21. Minnesota Statutes 2008, section 127A.43, is amended to read:
36.28 	127A.43 DISTRICT EMPLOYMENT OF UNLICENSED TEACHERS; AID 
36.29 	REDUCTION.
36.30 	When a district employs one or more teachers who do not hold a valid teaching 
36.31 	license, state aid shall be withheld reduced in the proportion that the number of such 
36.32 	teachers is to the total number of teachers employed by the district, multiplied by 60 
36.33 	percent of the basic revenue, as defined in section 126C.10, subdivision 2, of the district 
36.34 	for the year in which the employment occurred.  

37.1 	Sec. 22. IMPLEMENTING DIFFERENTIATED GRADUATION RATE 
37.2 	MEASURES AND EXPLORING ALTERNATIVE ROUTES TO A STANDARD 
37.3 	DIPLOMA FOR AT-RISK AND OFF-TRACK STUDENTS.
 37.4 	(a) To implement the requirements of Minnesota Statutes, section 120B.35, 
37.5 	subdivision 3, paragraph (e), the commissioner of education must convene a group 
37.6 	of recognized and qualified experts on improving differentiated graduation rates and 
37.7 	establishing alternative routes to a standard high school diploma for at-risk and off-track 
37.8 	students throughout the state. The commissioner must assist the group, as requested, 
37.9 	to explore and recommend to the commissioner and the legislature (i) research-based 
37.10 	measures that demonstrate the relative success of school districts, school sites, charter 
37.11 	schools, and alternative program providers in improving the graduation outcomes of 
37.12 	at-risk and off-track students, and (ii) state options for establishing alternative routes to a 
37.13 	standard diploma  that take into account the demographic and geographic characteristics 
37.14 	of students who pursue an alternative route and the rates at which these students either 
37.15 	drop out of school or receive a standard diploma in four to six years, among other factors. 
37.16 	When proposing alternative routes to a standard diploma, the group also must identify 
37.17 	highly reliable variables that generate summary data to comply with Minnesota Statutes, 
37.18 	section 120B.35, subdivision 3, paragraph (e), including: who initiates the request for 
37.19 	an alternative route; who approves the request for an alternative route; the parameters 
37.20 	of the alternative route process, including whether a student first must fail a regular, 
37.21 	state-mandated exam; the comparability of the academic and achievement criteria reflected 
37.22 	in the alternative route and the standard route for a standard diploma. The group is also 
37.23 	encouraged to identify the data, time lines, and methods needed to evaluate and report on 
37.24 	the alternative routes to a standard diploma once they are implemented and the student 
37.25 	outcomes that result from those routes.
37.26 	(b) The commissioner must convene the first meeting of this group by September 
37.27 	15, 2010. Group members must include: one administrator of, one teacher from, and 
37.28 	one parent of a student currently enrolled in a state-approved alternative program 
37.29 	selected by the Minnesota Association of Alternative Programs; one representative 
37.30 	selected by the Minnesota Online Learning Alliance; one representative selected by 
37.31 	the Metropolitan Federation of Alternative Schools; one representative selected by the 
37.32 	Minnesota Association of Charter Schools; one representative selected by the Minnesota 
37.33 	School Board Association; one representative selected by Education Minnesota; one 
37.34 	representative selected by the Association of Metropolitan School Districts; one 
37.35 	representative selected by the Minnesota Rural Education Association; two faculty 
37.36 	members selected by the dean of the college of education at the University of Minnesota 
38.1 	with expertise in serving and assessing at-risk and off-track students; two Minnesota State 
38.2 	Colleges and Universities faculty members selected by the Minnesota State Colleges 
38.3 	and Universities chancellor with expertise in serving and assessing at-risk and off-track 
38.4 	students; one currently serving superintendent from a school district selected by the 
38.5 	Minnesota Association of School Administrators; one currently serving high school 
38.6 	principal selected by the Minnesota Association of Secondary School Principals; and 
38.7 	two public members selected by the commissioner. The group may seek input from 
38.8 	representatives of other interested stakeholders and organizations with expertise to help 
38.9 	inform the group's work. The group must meet at least monthly. Group members do not 
38.10 	receive compensation or reimbursement of expenses for participating in this group. The 
38.11 	group expires February 16, 2012.
38.12 	(c) The group, by February 15, 2012, must develop and submit to the commissioner 
38.13 	and the education policy and finance committees of the legislature recommendations 
38.14 	and legislation, consistent with this section and Minnesota Statutes, section 120B.35, 
38.15 	subdivision 3, paragraph (e), for:
38.16 	(1)  measuring and reporting differentiated graduation rates for at-risk and off-track 
38.17 	students throughout the state and the success and costs that school districts, school sites, 
38.18 	charter schools, and alternative program providers experience in identifying and serving 
38.19 	at-risk or off-track student populations; and
38.20 	(2) establishing alternative routes to a standard diploma.

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

38.23 	Sec. 23. RULEMAKING AUTHORITY.
 38.24 	The commissioner of education shall adopt rules consistent with chapter 14 that 
38.25 	provide English language proficiency standards for instruction of students identified 
38.26 	as limited English proficient under Minnesota Statutes, sections 124D.58 to 124D.64. 
38.27 	The English language proficiency standards must encompass the language domains of 
38.28 	listening, speaking, reading, and writing. The English language proficiency standards must 
38.29 	reflect social and academic dimensions of acquiring a second language that are accepted 
38.30 	of English language learners in prekindergarten through grade 12. The English language 
38.31 	proficiency standards must address the specific contexts for language acquisition in the 
38.32 	areas of social and instructional settings as well as academic language encountered in 
38.33 	language arts, mathematics, science, and social studies. The English language proficiency 
38.34 	standards must express the progression of language development through language 
38.35 	proficiency levels. The English language proficiency standards must be implemented 
39.1 	for all limited English proficient students beginning in the 2011-2012 school year and 
39.2 	assessed beginning in the 2012-2013 school year.

39.3 	Sec. 24. REPEALER.
 39.4 	Minnesota Statutes 2008, section 122A.24, is repealed.

39.5 	EFFECTIVE DATE. This section is effective August 1, 2010.

39.6 	ARTICLE 3
39.7 	SPECIAL PROGRAMS

39.8 	Section 1. Minnesota Statutes 2009 Supplement, section 125A.02, subdivision 1, 
39.9 	is amended to read:
39.10 		Subdivision 1.Child with a disability. "Child with a disability" means a child 
39.11 	identified under federal and state special education law as having a hearing impairment
39.12 	who meets the criteria for deaf and hard-of-hearing, blindness, visual disability blind 
39.13 	or visually impaired, speech or language impairment impairments, physical disability
39.14 	physically impaired, other health impairment disabilities, mental developmental cognitive
39.15 	disability, emotional/behavioral disorder emotional or behavioral disorders, specific 
39.16 	learning disability, autism spectrum disorders, traumatic brain injury, multiple disabilities
39.17 	severely multiply impaired, or deafblind disability and who needs special education 
39.18 	and related services, as determined by the rules of the commissioner, is a child with a 
39.19 	disability. A licensed physician, an advanced practice nurse, or a licensed psychologist is 
39.20 	qualified to make a diagnosis and determination of attention deficit disorder or attention 
39.21 	deficit hyperactivity disorder for purposes of identifying a child with a disability.

39.22 	Sec. 2. Minnesota Statutes 2008, section 125A.21, subdivision 3, is amended to read:
39.23 		Subd. 3.Use of reimbursements. Of the reimbursements received, districts may:
39.24 	(1) retain an amount sufficient to compensate the district for its administrative costs 
39.25 	of obtaining reimbursements;
39.26 	(2) regularly obtain from education- and health-related entities training and other 
39.27 	appropriate technical assistance designed to improve the district's ability to determine 
39.28 	which services are reimbursable and to seek timely reimbursement in a cost-effective 
39.29 	manner access third-party payments for individualized education program health-related 
39.30 	services; or
39.31 	(3) reallocate reimbursements for the benefit of students with special needs
39.32 	individualized education programs or individual family service plans in the district.

40.1 	Sec. 3. Minnesota Statutes 2008, section 125A.21, subdivision 5, is amended to read:
40.2 		Subd. 5.Informed consent. When obtaining informed consent, consistent with 
40.3 	sections 13.05, subdivision 4, paragraph (d); and 256B.77, subdivision 2, paragraph (p), 
40.4 	and Code of Federal Regulations, title 34, parts 99 and 300, to bill health plans for covered 
40.5 	services, the school district must notify the legal representative (1) that the cost of the 
40.6 	person's private health insurance premium may increase due to providing the covered 
40.7 	service in the school setting, (2) that the school district may pay certain enrollee health 
40.8 	plan costs, including but not limited to, co-payments, coinsurance, deductibles, premium 
40.9 	increases or other enrollee cost-sharing amounts for health and related services required 
40.10 	by an individual service plan, or individual family service plan, and (3) that the school's 
40.11 	billing for each type of covered service may affect service limits and prior authorization 
40.12 	thresholds. The informed consent may be revoked in writing at any time by the person 
40.13 	authorizing the billing of the health plan.  

40.14 	Sec. 4. Minnesota Statutes 2008, section 125A.21, subdivision 7, is amended to read:
40.15 		Subd. 7.District disclosure of information. A school district may disclose 
40.16 	information contained in a student's individual education plan, consistent with section 
40.17 	13.32, subdivision 3, paragraph (a), and Code of Federal Regulations, title 34, part 99;
40.18 	including records of the student's diagnosis and treatment, to a health plan company only 
40.19 	with the signed and dated consent of the student's parent, or other legally authorized 
40.20 	individual. The school district shall disclose only that information necessary for the health 
40.21 	plan company to decide matters of coverage and payment. A health plan company may 
40.22 	use the information only for making decisions regarding coverage and payment, and for 
40.23 	any other use permitted by law.  

40.24 	Sec. 5. Minnesota Statutes 2009 Supplement, section 125A.63, subdivision 2, is 
40.25 	amended to read:
40.26 		Subd. 2.Programs. The Department of Education, through the resource centers 
40.27 	must offer summer institutes or other training programs and other educational strategies
40.28 	throughout the state for deaf or hard-of-hearing, blind or visually impaired, and multiply 
40.29 	disabled pupils. The resource centers must also offer workshops for teachers, and 
40.30 	leadership development for teachers.
40.31 	A program offered through the resource centers must promote and develop education 
40.32 	programs offered by school districts or other organizations. The program must assist 
40.33 	school districts or other organizations to develop innovative programs.

41.1 	Sec. 6. Minnesota Statutes 2009 Supplement, section 125A.63, subdivision 4, is 
41.2 	amended to read:
41.3 		Subd. 4.Advisory committees. (a) The commissioner shall establish an 
41.4 	advisory committee for each resource center. The advisory committees shall develop 
41.5 	recommendations regarding the resource centers and submit an annual report to the 
41.6 	commissioner on the form and in the manner prescribed by the commissioner.
41.7 	(b) The advisory committee for the Resource Center for the Deaf and Hard of 
41.8 	Hearing shall meet periodically at least four times per year and submit an annual report 
41.9 	to the commissioner, the education policy and finance committees of the legislature, 
41.10 	and the Commission of Deaf, DeafBlind, and Hard of Hearing Minnesotans. The report 
41.11 	must, at least:
41.12 	(1) identify and report the aggregate, data-based education outcomes for children 
41.13 	with the primary disability classification of deaf and hard of hearing, consistent with 
41.14 	the commissioner's child count reporting practices, the commissioner's state and local 
41.15 	outcome data reporting system by district and region, and the school performance report 
41.16 	cards under section 120B.36, subdivision 1, and relevant IDEA Parts B and C mandated 
41.17 	reporting data; and
41.18 	(2) describe the implementation of a data-based plan for improving the education 
41.19 	outcomes of deaf and hard of hearing children that is premised on evidence-based best 
41.20 	practices, and provide a cost estimate for ongoing implementation of the plan.; and
41.21 	(3) include the recommendations for improving the developmental outcomes of 
41.22 	children birth to age 3 and the data underlying those recommendations that the coordinator 
41.23 	identifies under subdivision 5.

41.24 	Sec. 7. Minnesota Statutes 2009 Supplement, section 125A.63, subdivision 5, is 
41.25 	amended to read:
41.26 		Subd. 5.Statewide hearing loss early education intervention coordinator. (a) 
41.27 	The coordinator shall:
41.28 	(1) collaborate with the early hearing detection and intervention coordinator for the 
41.29 	Department of Health, the director of the Department of Education Resource Center for 
41.30 	Deaf and Hard-of-Hearing, and the Department of Health Early Hearing Detection and 
41.31 	Intervention Advisory Council;
41.32 	(2) coordinate and support Department of Education early hearing detection and 
41.33 	intervention teams;
41.34 	(3) leverage resources by serving as a liaison between interagency early intervention 
41.35 	committees; part C coordinators from the Departments of Education, Health, and 
42.1 	Human Services; Department of Education regional low-incidence facilitators; service 
42.2 	coordinators from school districts; Minnesota children with special health needs in the 
42.3 	Department of Health; public health nurses; child find; Department of Human Services 
42.4 	Deaf and Hard-of-Hearing Services Division; and others as appropriate;
42.5 	(4) identify, support, and promote culturally appropriate and evidence-based early 
42.6 	intervention practices for infants with hearing loss, and provide training, outreach, and use 
42.7 	of technology to increase consistency in statewide service provision;
42.8 	(5) identify culturally appropriate specialized reliable and valid instruments to assess 
42.9 	and track the progress of children with hearing loss and promote their use;
42.10 	(6) ensure that early childhood providers, parents, and members of the individual 
42.11 	family service and intervention plan are provided with child progress data resulting from 
42.12 	specialized assessments;
42.13 	(7) educate early childhood providers and teachers of the deaf and hard-of-hearing 
42.14 	to use developmental data from specialized assessments to plan and adjust individual 
42.15 	family service plans; and
42.16 	(8) make recommendations that would improve educational outcomes to the early 
42.17 	hearing detection and intervention committee, the commissioners of education and health, 
42.18 	the Commission of Deaf, DeafBlind and Hard-of-Hearing Minnesotans, and the advisory 
42.19 	council of the Minnesota Department of Education Resource Center for the Deaf and 
42.20 	Hard-of-Hearing.
42.21 	(b) The Department of Education must provide aggregate data regarding outcomes 
42.22 	of deaf and hard-of-hearing children with hearing loss who receive early intervention 
42.23 	services within the state in accordance with the state performance plan.

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

42.25 	Sec. 8. REVISOR'S INSTRUCTION.
 42.26 	The revisor of statutes shall substitute the term "individualized education program" 
42.27 	or similar terms for "individual education plan" or similar terms wherever they appear 
42.28 	in Minnesota Statutes and Minnesota Rules referring to the requirements relating to 
42.29 	the federal Individuals with Disabilities Education Act. The revisor shall also make 
42.30 	grammatical changes related to the changes in terms.

42.31 	Sec. 9.  REPEALER.
 42.32 	Minnesota Statutes 2008, section 125A.54, is repealed.