1.1 	A bill for an act
1.2 	relating to education; providing for online learning; statewide assessment 
1.3 	supervision; limiting advertising; requiring a report; amending Minnesota 
1.4 	Statutes 2009 Supplement, section 124D.095, subdivisions 4, 10.
1.5 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.6 	Section 1. Minnesota Statutes 2009 Supplement, section 124D.095, subdivision 4, 
1.7 	is amended to read:
1.8 		Subd. 4.Online learning parameters. (a) An online learning student must receive 
1.9 	academic credit for completing the requirements of an online learning course or program. 
1.10 	Secondary credits granted to an online learning student count toward the graduation 
1.11 	and credit requirements of the enrolling district. The enrolling district must apply the 
1.12 	same graduation requirements to all students, including online learning students, and 
1.13 	must continue to provide nonacademic services to online learning students. If a student 
1.14 	completes an online learning course or program that meets or exceeds a graduation 
1.15 	standard or the grade progression requirement at the enrolling district, that standard or 
1.16 	requirement is met. The enrolling district must use the same criteria for accepting online 
1.17 	learning credits or courses as it does for accepting credits or courses for transfer students 
1.18 	under section 124D.03, subdivision 9. The enrolling district may reduce the course 
1.19 	schedule of an online learning student in proportion to the number of online learning 
1.20 	courses the student takes from an online learning provider that is not the enrolling district.
1.21 	(b) An online learning student may:
1.22 	(1) enroll in supplemental online learning courses equal to a maximum of 50 percent 
1.23 	of the student's full schedule of courses per term during a single school year and the 
1.24 	student may exceed the supplemental online learning registration limit if the enrolling 
2.1 	district permits supplemental online learning enrollment above the limit, or if the enrolling 
2.2 	district and the online learning provider agree to the instructional services;
2.3 	(2) complete course work at a grade level that is different from the student's current 
2.4 	grade level; and
2.5 	(3) enroll in additional courses with the online learning provider under a separate 
2.6 	agreement that includes terms for paying any tuition or course fees.
2.7 	(c) An online learning student has the same access to the computer hardware and 
2.8 	education software available in a school as all other students in the enrolling district. An 
2.9 	online learning provider must assist an online learning student whose family qualifies 
2.10 	for the education tax credit under section 290.0674 to acquire computer hardware and 
2.11 	educational software for online learning purposes.
2.12 	(d) An enrolling district may offer online learning to its enrolled students. Such 
2.13 	online learning does not generate online learning funds under this section. An enrolling 
2.14 	district that offers online learning only to its enrolled students is not subject to the 
2.15 	reporting requirements or review criteria under subdivision 7, unless the enrolling district 
2.16 	is a full-time online provider. A teacher with a Minnesota license must assemble and 
2.17 	deliver instruction to enrolled students receiving online learning from an enrolling district. 
2.18 	The delivery of instruction occurs when the student interacts with the computer or the 
2.19 	teacher and receives ongoing assistance and assessment of learning. The instruction may 
2.20 	include curriculum developed by persons other than a teacher holding a Minnesota license.
2.21 	(e) Both full-time and supplemental online learning providers are subject to the 
2.22 	reporting requirements and review criteria under subdivision 7. A teacher holding a 
2.23 	Minnesota license must assemble and deliver instruction to online learning students. The 
2.24 	delivery of instruction occurs when the student interacts with the computer or the teacher 
2.25 	and receives ongoing assistance and assessment of learning. The instruction may include 
2.26 	curriculum developed by persons other than a teacher holding a Minnesota license. 
2.27 	Unless the commissioner grants a waiver, a teacher providing online learning instruction 
2.28 	must not instruct more than 40 students in any one online learning course or program.
2.29 	Statewide assessments must be administered by teachers with a Minnesota license in a 
2.30 	secure location.
2.31 	(f) To enroll in more than 50 percent of the student's full schedule of courses per term 
2.32 	in online learning, the student must qualify to exceed the supplemental online learning 
2.33 	registration limit under paragraph (b) or apply to enroll in an approved full-time online 
2.34 	learning program, consistent with subdivision 3, paragraph (a). Full-time online learning 
2.35 	students may enroll in classes at a local school under a contract for instructional services 
2.36 	between the online learning provider and the school district.
3.1 	(g) An online learning provider must not spend public funds for advertising in an 
3.2 	amount that exceeds five percent of its total operating budget. On June 30 of each year, the 
3.3 	online learning provider must submit a report to the commissioner showing the expenses 
3.4 	for all advertising and the provider's annual budget. 

3.5 	Sec. 2. Minnesota Statutes 2009 Supplement, section 124D.095, subdivision 10, 
3.6 	is amended to read:
3.7 		Subd. 10.Online Learning Advisory Council. (a) An Online Learning Advisory 
3.8 	Council is established. The term for each council member shall be three years. The 
3.9 	advisory council is composed of 12 members from throughout the state who have 
3.10 	demonstrated experience with or interest in online learning. The members of the council 
3.11 	shall be appointed by the commissioner. The advisory council shall bring to the attention 
3.12 	of the commissioner any matters related to online learning and provide input to the 
3.13 	department in matters related, but not restricted, to:
3.14 	(1) quality assurance;
3.15 	(2) teacher qualifications;
3.16 	(3) program approval;
3.17 	(4) special education;
3.18 	(5) attendance;
3.19 	(6) program design and requirements; and
3.20 	(7) fair and equal access to programs.
3.21 	(b) By January 15, 2011, the Online Learning Advisory Council must make 
3.22 	recommendations to the commissioner on the following: 
3.23 	(1) legislative changes necessary to increase the department's oversight of online 
3.24 	learning programs and providers; and 
3.25 	(2) an incentive program to reward online learning programs and providers 
3.26 	that incorporate best practices using a hybrid program model that blends online and 
3.27 	face-to-face education.
3.28 	(c) Annually, by February 1, the commissioner must report findings of the 
3.29 	advisory council to the chairs and ranking minority members of the senate and house of 
3.30 	representatives committees with jurisdiction of kindergarten through grade 12 education 
3.31 	finance and policy. 
3.32 	(d) Notwithstanding section 15.059, subdivision 5, the Online Learning Advisory 
3.33 	Council under this subdivision expires June 30, 2013 is permanent and does not expire.

3.34 	Sec. 3. MINNESOTA DEPARTMENT OF EDUCATION.
 4.1 	The commissioner of education must designate at least one full-time equivalent 
4.2 	whose primary responsibility is online learning programs.