1.1 	A bill for an act
1.2 	relating to education; providing for policy for prekindergarten through grade 12 
1.3 	education, including general education, education excellence, special programs, 
1.4 	facilities and technology, early childhood education, and student transportation;
1.5 	amending Minnesota Statutes 2010, sections 11A.16, subdivision 5; 13.32, 
1.6 	subdivision 6; 119A.50, subdivision 3; 120A.22, subdivision 11; 120A.24; 
1.7 	120A.40; 120B.023, subdivision 2; 120B.11; 120B.12; 120B.30, subdivisions 1, 
1.8 	3, 4; 120B.31, subdivision 4; 120B.36, subdivisions 1, 2; 121A.15, subdivision 
1.9 	8; 121A.17, subdivision 3; 122A.09, subdivision 4; 122A.14, subdivision 3; 
1.10 	122A.16, as amended; 122A.18, subdivision 2; 122A.23, subdivision 2; 122A.40, 
1.11 	subdivisions 5, 11, by adding a subdivision; 122A.41, subdivisions 1, 2, 5a, 10, 
1.12 	14; 123B.41, subdivisions 2, 5; 123B.57; 123B.63, subdivision 3; 123B.71, 
1.13 	subdivision 5; 123B.72, subdivision 3; 123B.75, subdivision 5; 123B.88, by 
1.14 	adding a subdivision; 123B.92, subdivisions 1, 5; 124D.091, subdivision 2; 
1.15 	124D.36; 124D.37; 124D.38, subdivision 3; 124D.385, subdivision 3; 124D.39; 
1.16 	124D.40; 124D.42, subdivisions 6, 8; 124D.44; 124D.45, subdivision 2; 
1.17 	124D.52, subdivision 7; 124D.871; 125A.02, subdivision 1; 125A.15; 125A.51; 
1.18 	125A.79, subdivision 1; 126C.10, subdivision 8a; 126C.15, subdivision 2; 
1.19 	126C.41, subdivision 2; 127A.42, subdivision 2; 127A.43; 127A.45, by adding a 
1.20 	subdivision; 171.05, subdivision 2; 171.17, subdivision 1; 171.22, subdivision 
1.21 	1; 181A.05, subdivision 1; Laws 2011, chapter 5, section 1; proposing coding 
1.22 	for new law in Minnesota Statutes, chapter 120B; repealing Minnesota Statutes 
1.23 	2010, sections 120A.26, subdivisions 1, 2; 124D.38, subdivisions 4, 5, 6; 
1.24 	125A.54; 126C.457.
1.25 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.26 	ARTICLE 1
1.27 	GENERAL EDUCATION

1.28 	Section 1. Minnesota Statutes 2010, section 11A.16, subdivision 5, is amended to read:
1.29 		Subd. 5.Calculation of income. As of the end of each fiscal year, the state 
1.30 	board shall calculate the investment income earned by the permanent school fund. The 
1.31 	investment income earned by the fund shall equal the amount of interest on debt securities 
2.1 	and, dividends on equity securities, and interest earned on certified monthly earnings 
2.2 	before transfer to the Department of Education. Gains and losses arising from the sale of 
2.3 	securities shall be apportioned as follows:
2.4 	(a) If the sale of securities results in a net gain during a fiscal year, the gain shall 
2.5 	be apportioned in equal installments over the next ten fiscal years to offset net losses in 
2.6 	those years. If any portion of an installment is not needed to recover subsequent losses 
2.7 	identified in paragraph (b) it shall be added to the principal of the fund.
2.8 	(b) If the sale of securities results in a net loss during a fiscal year, the net loss shall 
2.9 	be recovered first from the gains in paragraph (a) apportioned to that fiscal year. If these 
2.10 	gains are insufficient, any remaining net loss shall be recovered from interest and dividend 
2.11 	income in equal installments over the following ten fiscal years.

2.12 	Sec. 2. Minnesota Statutes 2010, section 123B.41, subdivision 2, is amended to read:
2.13 		Subd. 2.Textbook. "Textbook" means any book or book substitute, including 
2.14 	electronic books as well as other printed materials delivered electronically, which a 
2.15 	pupil uses as a text or text substitute in a particular class or program in the school 
2.16 	regularly attended and a copy of which is expected to be available for the individual use 
2.17 	of each pupil in this class or program. The term shall be limited to books, workbooks, 
2.18 	or manuals, whether bound or in loose-leaf form, as well as electronic books and other 
2.19 	printed materials delivered electronically, intended for use as a principal source of study 
2.20 	material for a given class or a group of students. The term includes only such secular, 
2.21 	neutral and nonideological textbooks as are available, used by, or of benefit to Minnesota 
2.22 	public school pupils.

2.23 	Sec. 3. Minnesota Statutes 2010, section 123B.41, subdivision 5, is amended to read:
2.24 		Subd. 5.Individualized instructional or cooperative learning materials.
 2.25 	"Individualized instructional or cooperative learning materials" means educational 
2.26 	materials which:
2.27 	(a) are designed primarily for individual pupil use or use by pupils in a cooperative 
2.28 	learning group in a particular class or program in the school the pupil regularly attends;
2.29 	(b) are secular, neutral, nonideological and not capable of diversion for religious 
2.30 	use; and
2.31 	(c) are available, used by, or of benefit to Minnesota public school pupils.
2.32 	Subject to the requirements in clauses (a), (b), and (c), "individualized instructional 
2.33 	or cooperative learning materials" include, but are not limited to, the following if they 
2.34 	do not fall within the definition of "textbook" in subdivision 2: published materials; 
3.1 	periodicals; documents; pamphlets; photographs; reproductions; pictorial or graphic 
3.2 	works; prerecorded video programs; prerecorded tapes, cassettes and other sound 
3.3 	recordings; manipulative materials; desk charts; games; study prints and pictures; desk 
3.4 	maps; models; learning kits; blocks or cubes; flash cards; individualized multimedia 
3.5 	systems; prepared instructional computer software programs; choral and band sheet music; 
3.6 	electronic books and other printed materials delivered electronically; and CD-Rom.
3.7 	"Individualized instructional or cooperative learning materials" do not include 
3.8 	instructional equipment, instructional hardware, or ordinary daily consumable classroom 
3.9 	supplies.

3.10 	Sec. 4. Minnesota Statutes 2010, section 123B.63, subdivision 3, is amended to read:
3.11 		Subd. 3.Capital project levy referendum. A district may levy the local tax 
3.12 	rate approved by a majority of the electors voting on the question to provide funds for 
3.13 	an approved project. The election must take place no more than five years before the 
3.14 	estimated date of commencement of the project. The referendum must be held on a date 
3.15 	set by the board. A district must meet the requirements of section 123B.71 for projects 
3.16 	funded under this section. If a review and comment is required under section 123B.71, 
3.17 	subdivision 8, a referendum for a project not receiving a positive review and comment by 
3.18 	the commissioner under section 123B.71 must be approved by at least 60 percent of the 
3.19 	voters at the election. The referendum may be called by the school board and may be held:
3.20 	(1) separately, before an election for the issuance of obligations for the project 
3.21 	under chapter 475; or
3.22 	(2) in conjunction with an election for the issuance of obligations for the project 
3.23 	under chapter 475; or
3.24 	(3) notwithstanding section 475.59, as a conjunctive question authorizing both the 
3.25 	capital project levy and the issuance of obligations for the project under chapter 475. Any 
3.26 	obligations authorized for a project may be issued within five years of the date of the 
3.27 	election.
3.28 	The ballot must provide a general description of the proposed project, state the 
3.29 	estimated total cost of the project, state whether the project has received a positive or 
3.30 	negative review and comment from the commissioner, state the maximum amount of the 
3.31 	capital project levy as a percentage of net tax capacity, state the amount that will be raised 
3.32 	by that local tax rate in the first year it is to be levied, and state the maximum number of 
3.33 	years that the levy authorization will apply.
3.34 	The ballot must contain a textual portion with the information required in this 
3.35 	section and a question stating substantially the following:
4.1 	"Shall the capital project levy proposed by the board of .......... School District 
4.2 	No. .......... be approved?"
4.3 	If approved, the amount provided by the approved local tax rate applied to the net 
4.4 	tax capacity for the year preceding the year the levy is certified may be certified for the 
4.5 	number of years, not to exceed ten, approved.
4.6 	In the event a conjunctive question proposes to authorize both the capital project 
4.7 	levy and the issuance of obligations for the project, appropriate language authorizing the 
4.8 	issuance of obligations must also be included in the question.
4.9 	The district must notify the commissioner of the results of the referendum.

4.10 	Sec. 5. Minnesota Statutes 2010, section 123B.75, subdivision 5, is amended to read:
4.11 		Subd. 5.Levy recognition. (a) For fiscal years 2009 and 2010, in June of each 
4.12 	year, the school district must recognize as revenue, in the fund for which the levy was 
4.13 	made, the lesser of:
4.14 	(1) the sum of May, June, and July school district tax settlement revenue received in 
4.15 	that calendar year, plus general education aid according to section 126C.13, subdivision 
4.16 	4, received in July and August of that calendar year; or
4.17 	(2) the sum of:
4.18 	(i) 31 percent of the referendum levy certified according to section 126C.17, in 
4.19 	calendar year 2000; and
4.20 	(ii) the entire amount of the levy certified in the prior calendar year according to 
4.21 	section 124D.86, subdivision 4, for school districts receiving revenue under sections 
4.22 	124D.86, subdivision 3, clauses (1), (2), and (3); 126C.41, subdivisions 1, 2, paragraph 
4.23 	(a), and 3, paragraphs (b), (c), and (d); 126C.43, subdivision 2; 126C.457; and 126C.48, 
4.24 	subdivision 6; plus
4.25 	(iii) zero percent of the amount of the levy certified in the prior calendar year for the 
4.26 	school district's general and community service funds, plus or minus auditor's adjustments, 
4.27 	not including the levy portions that are assumed by the state, that remains after subtracting 
4.28 	the referendum levy certified according to section 126C.17 and the amount recognized 
4.29 	according to item (ii).
4.30 	(b) For fiscal year 2011 and later years, in June of each year, the school district must 
4.31 	recognize as revenue, in the fund for which the levy was made, the lesser of:
4.32 	(1) the sum of May, June, and July school district tax settlement revenue received in 
4.33 	that calendar year, plus general education aid according to section 126C.13, subdivision 
4.34 	4, received in July and August of that calendar year; or
4.35 	(2) the sum of:
5.1 	(i) the greater of 48.6 percent of the referendum levy certified according to section 
5.2 	126C.17 in the prior calendar year, or 31 percent of the referendum levy certified 
5.3 	according to section 126C.17 in calendar year 2000; plus
5.4 	(ii) the entire amount of the levy certified in the prior calendar year according to 
5.5 	section 124D.4531, 124D.86, subdivision 4, for school districts receiving revenue under 
5.6 	sections 124D.86, subdivision 3, clauses (1), (2), and (3); 126C.41, subdivisions 1, 2, 
5.7 	paragraph (a), and 3, paragraphs (b), (c), and (d); 126C.43, subdivision 2; 126C.457;
5.8 	and 126C.48, subdivision 6; plus
5.9 	(iii) 48.6 percent of the amount of the levy certified in the prior calendar year for the 
5.10 	school district's general and community service funds, plus or minus auditor's adjustments, 
5.11 	not including the levy portions that are assumed by the state, that remains after subtracting 
5.12 	the referendum levy certified according to section 126C.17 and the amount recognized 
5.13 	according to item (ii).

5.14 	Sec. 6. Minnesota Statutes 2010, section 125A.79, subdivision 1, is amended to read:
5.15 		Subdivision 1.Definitions. For the purposes of this section, the definitions in this 
5.16 	subdivision apply.
5.17 	(a) "Unreimbursed special education cost" means the sum of the following:
5.18 	(1) expenditures for teachers' salaries, contracted services, supplies, equipment, and 
5.19 	transportation services eligible for revenue under section 125A.76; plus
5.20 	(2) expenditures for tuition bills received under sections 125A.03 to 125A.24 and 
5.21 	125A.65 for services eligible for revenue under section 125A.76, subdivision 2; minus
5.22 	(3) revenue for teachers' salaries, contracted services, supplies, equipment, and 
5.23 	transportation services under section 125A.76; minus
5.24 	(4) tuition receipts under sections 125A.03 to 125A.24 and 125A.65 for services 
5.25 	eligible for revenue under section 125A.76, subdivision 2.
5.26 	(b) "General revenue" for a school district means the sum of the general education 
5.27 	revenue according to section 126C.10, subdivision 1, excluding alternative teacher 
5.28 	compensation revenue, plus the total qualifying referendum revenue specified in paragraph 
5.29 	(e) minus transportation sparsity revenue minusand total operating capital revenue.
5.30 	"General revenue" for a charter school means the sum of the general education revenue 
5.31 	according to section 124D.11, subdivision 1, excluding alternative teacher compensation 
5.32 	revenue, referendum equalization aid, transportation sparsity revenue, and operating 
5.33 	capital revenue, and transportation revenue according to section 124D.11, subdivision 2.
5.34 	(c) "Average daily membership" has the meaning given it in section 126C.05.
5.35 	(d) "Program growth factor" means 1.02 for fiscal year 2012 and later.
6.1 	(e) "Total qualifying referendum revenue" means two-thirds of the district's total 
6.2 	referendum revenue as adjusted according to section 127A.47, subdivision 7, paragraphs 
6.3 	(a) to (c), for fiscal year 2006, one-third of the district's total referendum revenue for fiscal 
6.4 	year 2007, and none of the district's total referendum revenue for fiscal year 2008 and later.

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

6.6 	Sec. 7. Minnesota Statutes 2010, section 126C.10, subdivision 8a, is amended to read:
6.7 		Subd. 8a.Sparsity revenue for school districts that close facilities. A school 
6.8 	district that closes a school facility is eligible for elementary and secondary sparsity 
6.9 	revenue equal to the greater of the amounts calculated under subdivisions 6, 7, and 8 or 
6.10 	the total amount of sparsity revenue for the previous fiscal year if the school board of the 
6.11 	district has adopted a written resolution stating that the district intends to close the school 
6.12 	facility, but cannot proceed with the closure without the adjustment to sparsity revenue 
6.13 	authorized by this subdivision. The written resolution must be approved by the school 
6.14 	board and filed with the commissioner of education at least 60 days prior to the start of the 
6.15 	fiscal year for which aid under this subdivision is first requested.

6.16 	EFFECTIVE DATE. This section is effective for board resolutions approved by 
6.17 	the school board in fiscal year 2011 and later for sparsity revenue calculations in fiscal 
6.18 	year 2012 and later.

6.19 	Sec. 8. Minnesota Statutes 2010, section 126C.15, subdivision 2, is amended to read:
6.20 		Subd. 2.Building allocation. (a) A district or cooperative must allocate its 
6.21 	compensatory revenue to each school building in the district or cooperative where 
6.22 	the children who have generated the revenue are served unless the school district or 
6.23 	cooperative has received permission under Laws 2005, First Special Session chapter 5, 
6.24 	article 1, section 50, to allocate compensatory revenue according to student performance 
6.25 	measures developed by the school board.
6.26 	(b) Notwithstanding paragraph (a), a district or cooperative may allocate up to 
6.27 	five percent of the amount of compensatory revenue that the district receives to school 
6.28 	sites according to a plan adopted by the school board. The money reallocated under 
6.29 	this paragraph must be spent for the purposes listed in subdivision 1, but may be 
6.30 	spent on students in any grade, including students attending school readiness or other 
6.31 	prekindergarten programs.
6.32 	(c) For the purposes of this section and section 126C.05, subdivision 3, "building" 
6.33 	means education site as defined in section 123B.04, subdivision 1.
7.1 	(d) Notwithstanding section 123A.26, subdivision 1, compensatory revenue 
7.2 	generated by students served at a cooperative unit shall be paid to the cooperative unit.
7.3 	(e) A district or cooperative with school building openings, school building 
7.4 	closings, changes in attendance area boundaries, or other changes in programs or student 
7.5 	demographics between the prior year and the current year may reallocate compensatory 
7.6 	revenue among sites to reflect these changes. A district or cooperative must report to the 
7.7 	department any adjustments it makes according to this paragraph and the department must 
7.8 	use the adjusted compensatory revenue allocations in preparing the report required under 
7.9 	section 123B.76, subdivision 3, paragraph (c).

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

8.9 	Sec. 10.  REPEALER.
 8.10 	Minnesota Statutes 2010, section 126C.457, is repealed.

8.11 	ARTICLE 2
8.12 	EDUCATION EXCELLENCE

8.13 	Section 1. Minnesota Statutes 2010, section 13.32, subdivision 6, is amended to read:
8.14 		Subd. 6.Admissions forms; remedial instruction. (a) Minnesota postsecondary 
8.15 	education institutions, for purposes of reporting and research, may collect on the 
8.16 	1986-1987 admissions form, and disseminate to any public educational agency or 
8.17 	institution the following data on individuals: student sex, ethnic background, age, and 
8.18 	disabilities. The data shall not be required of any individual and shall not be used for 
8.19 	purposes of determining the person's admission to an institution.
8.20 	(b) A school district that receives information under subdivision 3, paragraph (h) 
8.21 	from a postsecondary institution about an identifiable student shall maintain the data 
8.22 	as educational data and use that data to conduct studies to improve instruction. Public 
8.23 	postsecondary systems annually shall provide summary data to the Department of 
8.24 	Education indicating the extent and content of the remedial instruction received in each 
8.25 	system during the prior academic year by, and the results of assessment testing and the 
8.26 	academic performance of, students who graduated from a Minnesota school district within 
8.27 	two years before receiving the remedial instruction, and include as separate categories of 
8.28 	summary data the number and percentage of recent high school graduates who prepared 
8.29 	for postsecondary academic and career opportunities under section 120B.35, subdivision 
8.30 	3, paragraph (c), and the number of recent high school graduates who graduated as 
8.31 	students with disabilities. The department shall evaluate the data and annually report its 
8.32 	findings to the education committees of the legislature.
8.33 	(c) This section supersedes any inconsistent provision of law.

9.1 	Sec. 2. Minnesota Statutes 2010, section 120A.22, subdivision 11, is amended to read:
9.2 		Subd. 11.Assessment of performance. (a) Each year the performance of 
9.3 	every child who is not enrolled in a public school must be assessed using a nationally 
9.4 	norm-referenced standardized achievement examination. The superintendent of the 
9.5 	district in which the child receives instruction and the person in charge of the child's 
9.6 	instruction must agree about the specific examination to be used and the administration 
9.7 	and location of the examination or a nationally recognized college entrance exam.
9.8 	(b) To the extent the examination in paragraph (a) does not provide assessment in 
9.9 	all of the subject areas in subdivision 9, the parent must assess the child's performance 
9.10 	in the applicable subject area. This requirement applies only to a parent who provides 
9.11 	instruction and does not meet the requirements of subdivision 10, clause (1), (2), or (3).
9.12 	(c) If the results of the assessments in paragraphs (a) and (b) indicate that the 
9.13 	child's performance on the total battery score is at or below the 30th percentile or one 
9.14 	grade level below the performance level for children of the same age, the parent must 
9.15 	obtain additional evaluation of the child's abilities and performance for the purpose of 
9.16 	determining whether the child has learning problems.
9.17 	(d)(b) A child receiving instruction from a nonpublic school, person, or institution 
9.18 	that is accredited by an accrediting agency, recognized according to section 123B.445, or 
9.19 	recognized by the commissioner, is exempt from the requirements of this subdivision.

9.20 	Sec. 3. Minnesota Statutes 2010, section 120A.24, is amended to read:
9.21 	120A.24 REPORTING.
9.22 		Subdivision 1.Reports to superintendent. (a) The person in charge of providing 
9.23 	instruction to a child must submit the following information to the superintendent of the 
9.24 	district in which the child resides the name, birth date, and address of the child; the annual 
9.25 	tests intended to be used under section 120A.22, subdivision 11, if required; the name of 
9.26 	each instructor; and evidence of compliance with one of the requirements specified in 
9.27 	section 120A.22, subdivision 10:
9.28 	(1) by October 1 of each the first school year, the name, birth date, and address 
9.29 	of each child receiving instruction the child receives instruction after reaching the age 
9.30 	of seven;
9.31 	(2) the name of each instructor and evidence of compliance with one of the 
9.32 	requirements specified in section 120A.22, subdivision 10;
9.33 	(3) an annual instructional calendar; and
10.1 	(4) for each child instructed by a parent who meets only the requirement of section 
10.2 	120A.22, subdivision 10, clause (6), a quarterly report card on the achievement of the 
10.3 	child in each subject area required in section 120A.22, subdivision 9.
10.4 	(2) within 15 days of when a parent withdraws a child from public school after 
10.5 	age seven to homeschool;
10.6 	(3) within 15 days of moving out of a district; and
10.7 	(4) by October 1 after a new resident district is established.
10.8 	(b) The person in charge of providing instruction to a child between the ages of 
10.9 	seven and 16 must submit, by October 1 of each school year, a letter of intent to continue 
10.10 	to provide instruction under this section for all students under the person's supervision and 
10.11 	any changes to the information required in paragraph (a) for each student.
10.12 	(c) The superintendent may collect the required information under this section 
10.13 	through an electronic or Web-based format, but must not require electronic submission 
10.14 	of information under this section from the person in charge of reporting under this 
10.15 	subdivision.
10.16 		Subd. 2.Availability of documentation. (a) The person in charge of providing 
10.17 	instruction to a child must make available maintain documentation indicating that the 
10.18 	subjects required in section 120A.22, subdivision 9, are being taught and proof that the 
10.19 	tests under section 120A.22, subdivision 11, have been administered. This documentation 
10.20 	must include class schedules, copies of materials used for instruction, and descriptions of 
10.21 	methods used to assess student achievement.
10.22 	(b) The parent of a child who enrolls full time in public school after having been 
10.23 	enrolled in a home school under section 120A.22, subdivision 6, must provide the 
10.24 	enrolling public school or school district with the child's scores on any tests administered 
10.25 	to the child under section 120A.22, subdivision 11, and other education-related documents 
10.26 	the enrolling school or district requires to determine where the child is placed in school 
10.27 	and what course requirements apply. This paragraph does not apply to a shared-time 
10.28 	student who does not seek a public school diploma.
10.29 	(c) The person in charge of providing instruction to a child must make the 
10.30 	documentation in this subdivision available to the county attorney when a case is 
10.31 	commenced under section 120A.26, subdivision 5; chapter 260C; or when diverted under 
10.32 	chapter 260A.
10.33 		Subd. 3.Exemptions. A nonpublic school, person, or other institution that is 
10.34 	accredited by an accrediting agency, recognized according to section 123B.445, or 
10.35 	recognized by the commissioner, is exempt from the requirements in subdivisions 1 and
10.36 	subdivision 2, except for the requirement in subdivision 1, clause (1).  
11.1 		Subd. 4.Reports to the state. A superintendent must make an annual report to the 
11.2 	commissioner of education by December 1 of the total number of nonpublic schoolchildren 
11.3 	reported as residing in the district. The report must include the following information:
11.4 	(1) the number of children residing in the district attending nonpublic schools or 
11.5 	receiving instruction from persons or institutions other than a public school;
11.6 	(2) the number of children in clause (1) who are in compliance with section 120A.22
11.7 	and this section; and  
11.8 	(3) the number of children in clause (1) who the superintendent has determined are 
11.9 	not in compliance with section 120A.22 and this section.  
11.10 		Subd. 5.Obligations. Nothing in this section alleviates the obligations under 
11.11 	section 120A.22.

11.12 	Sec. 4. Minnesota Statutes 2010, section 120A.40, is amended to read:
11.13 	120A.40 SCHOOL CALENDAR.
11.14 	(a) Except for learning programs during summer, flexible learning year programs 
11.15 	authorized under sections 124D.12 to 124D.127, and learning year programs under section 
11.16 	124D.128, a district must not commence an elementary or secondary school year before 
11.17 	Labor Day, except as provided under paragraph (b). Days devoted to teachers' workshops 
11.18 	may be held before Labor Day. Districts that enter into cooperative agreements are 
11.19 	encouraged to adopt similar school calendars.
11.20 	(b) A district may begin the school year on any day before Labor Day:
11.21 	(1) to accommodate a construction or remodeling project of $400,000 or more 
11.22 	affecting a district school facility;
11.23 	(2) if the district has an agreement under section 123A.30, 123A.32, or 123A.35 
11.24 	with a district that qualifies under clause (1); or
11.25 	(3) if the district agrees to the same schedule with a school district in an adjoining 
11.26 	state; or
11.27 	(4) if the district canceled at least two instructional school days in the previous 
11.28 	school year because of a flood, tornado, or fire.

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

11.30 	Sec. 5. Minnesota Statutes 2010, section 120B.023, subdivision 2, is amended to read:
11.31 		Subd. 2.Revisions and reviews required. (a) The commissioner of education must 
11.32 	revise and appropriately embed technology and information literacy standards consistent 
11.33 	with recommendations from school media specialists into the state's academic standards 
12.1 	and graduation requirements and implement a review cycle for state academic standards 
12.2 	and related benchmarks, consistent with this subdivision. During each review cycle, the 
12.3 	commissioner also must examine the alignment of each required academic standard and 
12.4 	related benchmark with the knowledge and skills students need for college readiness and 
12.5 	advanced work in the particular subject area.
12.6 	(b) The commissioner in the 2006-2007 school year must revise and align the state's 
12.7 	academic standards and high school graduation requirements in mathematics to require 
12.8 	that students satisfactorily complete the revised mathematics standards, beginning in the 
12.9 	2010-2011 school year. Under the revised standards:
12.10 	(1) students must satisfactorily complete an algebra I credit by the end of eighth 
12.11 	grade; and
12.12 	(2) students scheduled to graduate in the 2014-2015 school year or later must 
12.13 	satisfactorily complete an algebra II credit or its equivalent.
12.14 	The commissioner also must ensure that the statewide mathematics assessments 
12.15 	administered to students in grades 3 through 8 and 11 are aligned with the state academic 
12.16 	standards in mathematics, consistent with section 120B.30, subdivision 1, paragraph 
12.17 	(b). The commissioner must implement a review of the academic standards and related 
12.18 	benchmarks in mathematics beginning in the 2015-2016 school year.
12.19 	(c) The commissioner in the 2007-2008 school year must revise and align the state's 
12.20 	academic standards and high school graduation requirements in the arts to require that 
12.21 	students satisfactorily complete the revised arts standards beginning in the 2010-2011 
12.22 	school year. The commissioner must implement a review of the academic standards and 
12.23 	related benchmarks in arts beginning in the 2016-2017 school year.
12.24 	(d) The commissioner in the 2008-2009 school year must revise and align the state's 
12.25 	academic standards and high school graduation requirements in science to require that 
12.26 	students satisfactorily complete the revised science standards, beginning in the 2011-2012 
12.27 	school year. Under the revised standards, students scheduled to graduate in the 2014-2015 
12.28 	school year or later must satisfactorily complete a chemistry or, physics, or career and 
12.29 	technical education  credit. The commissioner must implement a review of the academic 
12.30 	standards and related benchmarks in science beginning in the 2017-2018 school year.
12.31 	(e) The commissioner in the 2009-2010 school year must revise and align the state's 
12.32 	academic standards and high school graduation requirements in language arts to require 
12.33 	that students satisfactorily complete the revised language arts standards beginning in the 
12.34 	2012-2013 school year. The commissioner must implement a review of the academic 
12.35 	standards and related benchmarks in language arts beginning in the 2018-2019 school year.
13.1 	(f) The commissioner in the 2010-2011 school year must revise and align the state's 
13.2 	academic standards and high school graduation requirements in social studies to require 
13.3 	that students satisfactorily complete the revised social studies standards beginning in the 
13.4 	2013-2014 school year. The commissioner must implement a review of the academic 
13.5 	standards and related benchmarks in social studies beginning in the 2019-2020 school year.
13.6 	(g) School districts and charter schools must revise and align local academic 
13.7 	standards and high school graduation requirements in health, world languages, and career 
13.8 	and technical education to require students to complete the revised standards beginning 
13.9 	in a school year determined by the school district or charter school. School districts and 
13.10 	charter schools must formally establish a periodic review cycle for the academic standards 
13.11 	and related benchmarks in health, world languages, and career and technical education.
13.12 	(h) The commissioner is prohibited from adopting common core state standards 
13.13 	in any subject and school year listed in any revision cycle under this section that were 
13.14 	developed with the participation of the National Governors Association and the Council 
13.15 	of Chief State School Officers.

13.16 	Sec. 6. Minnesota Statutes 2010, section 120B.11, is amended to read:
13.17 	120B.11 SCHOOL DISTRICT PROCESS FOR REVIEWING CURRICULUM, 
13.18 	INSTRUCTION, AND STUDENT ACHIEVEMENT.
13.19 		Subdivision 1.Definitions. For the purposes of this section and section 120B.10, 
13.20 	the following terms have the meanings given them.
13.21 	(a) "Instruction" means methods of providing learning experiences that enable a 
13.22 	student to meet state and district academic standards and graduation requirements.
13.23 	(b) "Curriculum" means district or school adopted programs and written plans for 
13.24 	providing students with learning experiences that lead to expected knowledge and skills
13.25 	and college and career readiness.
13.26 		Subd. 2.Adopting policies.  A school board shall have in place an adopted written
13.27 	adopt a policy to support and improve teaching and learning that includes the following:
13.28 	(1) district goals for instruction including the use of best teaching practices, district 
13.29 	and school curriculum, and achievement for all student subgroups identified in section 
13.30 	120B.35, subdivision 3, paragraph (b), clause (2);
13.31 	(2) a process for evaluating each student's progress toward meeting state and local 
13.32 	academic standards and identifying the strengths and weaknesses of instruction in pursuit 
13.33 	of student and school success and curriculum affecting students' progress academic 
13.34 	achievement and growth;
14.1 	(3) a performance-based system for periodically reviewing and evaluating the 
14.2 	effectiveness of all instruction and curriculum;
14.3 	(4) a plan for improving instruction, curriculum, and student academic achievement
14.4 	and growth; and
14.5 	(5) an education effectiveness plan aligned with section sections 120B.023, 
14.6 	subdivision 2, and122A.625 that integrates high quality instruction, rigorous curriculum, 
14.7 	and technology, and a collaborative professional culture that develops teacher quality, 
14.8 	performance, and effectiveness.
14.9 		Subd. 3.District advisory committee. Each school board shall establish an 
14.10 	advisory committee to ensure active community participation in all phases of planning and 
14.11 	improving the instruction and curriculum affecting state and district academic standards, 
14.12 	consistent with subdivision 2. A district advisory committee, to the extent possible, 
14.13 	shall reflect the diversity of the district and its learning school sites, and shall include 
14.14 	teachers, parents, support staff, students, and other community residents. The district 
14.15 	may establish building site teams as subcommittees of the district advisory committee 
14.16 	under subdivision 4. The district advisory committee shall recommend to the school 
14.17 	board rigorous academic standards, student achievement goals and measures consistent 
14.18 	with section 120B.35, district assessments, and program evaluations. Learning School
14.19 	sites may expand upon district evaluations of instruction, curriculum, assessments, or 
14.20 	programs. Whenever possible, parents and other community residents shall comprise at 
14.21 	least two-thirds of advisory committee members.
14.22 		Subd. 4.Building Site team. A school may establish a building site team to develop 
14.23 	and implement an education effectiveness plan to improve instruction, curriculum, 
14.24 	and student achievement at the school site, consistent with subdivision 2. The team 
14.25 	shall advise the board and the advisory committee about developing an instruction and 
14.26 	curriculum improvement plan that aligns curriculum, assessment of student progress in 
14.27 	meeting state and district academic standards, and instruction.
14.28 		Subd. 5.Local report. (a) By October 1 of each year, the school board shall use 
14.29 	standard statewide reporting procedures the commissioner develops and adopt a report 
14.30 	that includes the following:
14.31 	(1) student achievement goals for meeting state academic standards;
14.32 	(2) results of local assessment data, and any additional test data;
14.33 	(3) the annual school district improvement plans including staff development goals 
14.34 	under section 122A.60;
14.35 	(4) information about district and learning site progress in realizing previously 
14.36 	adopted improvement plans; and
15.1 	(5) the amount and type of revenue attributed to each education site as defined 
15.2 	in section 123B.04.
15.3 	(b) Consistent with requirements for school performance report cards under section 
15.4 	120B.36, subdivision 1, the school board shall publish a summary of the report about 
15.5 	student achievement goals, local assessment outcomes, plans for improving curriculum 
15.6 	and instruction, and success in realizing previously adopted improvement plans in the 
15.7 	local newspaper with the largest circulation in the district, by mail, or by electronic means 
15.8 	such as the district Web site. If electronic means are used, school districts must publish 
15.9 	notice of the report in a periodical of general circulation in the district. School districts 
15.10 	must make copies of the report available to the public on request.
15.11 	(c) The title of the report shall contain the name and number of the school district and 
15.12 	read "Annual Report on Curriculum, Instruction, and Student Achievement." The report 
15.13 	must include at least the following information about advisory committee membership:
15.14 	(1) the name of each committee member and the date when that member's term 
15.15 	expires;
15.16 	(2) the method and criteria the school board uses to select committee members; and
15.17 	(3) the date by which a community resident must apply to next serve on the 
15.18 	committee.
15.19 		Subd. 6.Student evaluation. The school board annually shall provide high school 
15.20 	graduates or GED recipients who receive received a diploma or its equivalent from the 
15.21 	school district within the two previous school years with an opportunity to report to the 
15.22 	board by electronic means on the following:
15.23 	(1) the quality of district instruction, curriculum, and services; and
15.24 	(2) the quality of district delivery of instruction, curriculum, and services;
15.25 	(3) the utility of district facilities; and
15.26 	(4) the effectiveness of district administration.
15.27 	For purposes of improving instruction and curriculum and consistent with section 
15.28 	13.32, subdivision 6, paragraph (b), the board must forward a summary of its evaluation 
15.29 	findings to the commissioner upon request.
15.30 		Subd. 7.Periodic report. Each school district shall periodically ask affected 
15.31 	constituencies about their level of satisfaction with school. The district shall include the 
15.32 	results of this evaluation in the report required under subdivision 5.
15.33 		Subd. 8.Biennial evaluation; assessment program. At least once every two years, 
15.34 	the district report under subdivision 5 shall include an evaluation of the effectiveness of 
15.35 	district testing programs, according to the following:
15.36 	(1) written objectives of the assessment program;
16.1 	(2) names of tests and grade levels tested;
16.2 	(3) use of test results; and
16.3 	(4) student achievement results compared to previous years.

16.4 	EFFECTIVE DATE. This section is effective the day following final enactment 
16.5 	and applies to reports on the 2011-2012 school year and later.

16.6 	Sec. 7. [120B.115] HELPING STUDENTS ACQUIRE GRADE-LEVEL 
16.7 	READING PROFICIENCY BY THE END OF GRADE 3.
16.8 		Subdivision 1.Local literacy plan for students to achieve grade-level reading 
16.9 	proficiency. (a) To ensure every child succeeds in reading at or above grade level by 
16.10 	the end of grade 3, to identify and remediate students' reading deficiencies in a timely 
16.11 	manner, and to intervene effectively when students experience reading difficulties so that 
16.12 	they acquire the skills they need to make academic progress throughout elementary and 
16.13 	secondary school, and consistent with this section and section 120B.12, school districts 
16.14 	and charter schools must develop a local literacy plan to monitor the reading proficiency 
16.15 	of students in kindergarten through grade 3, inform parents of their students' reading 
16.16 	proficiency and growth, and set intervention strategies to bring students to grade-level 
16.17 	proficiency. Any student who is identified as not being grade-level proficient in reading 
16.18 	based on state or local reading assessments is a student with a reading deficiency for 
16.19 	purposes of this section.
16.20 	(b) Consistent with its local literacy plan, school sites within the district and charter 
16.21 	schools annually must assess a student's reading proficiency and provide intensive 
16.22 	reading instruction to any student who in any grade, kindergarten through 3, is identified 
16.23 	as having a reading deficiency. Each September and May, and periodically throughout 
16.24 	the school year, school sites within a district and charter schools must transmit to each 
16.25 	parent of an enrolled student updated and timely information about that student's reading 
16.26 	needs, proficiency, and growth toward becoming a successful grade-level reader, and, 
16.27 	where applicable, information about interventions under subdivision 2, paragraph (c). 
16.28 	Reading assessments must identify the nature of a student's difficulty, the student's areas 
16.29 	of academic need, and strategies for providing the student with appropriate intervention, 
16.30 	support, and instruction. A student must continue to receive intensive, comprehensive, 
16.31 	scientifically based reading instruction in the five reading areas: phonemic awareness, 
16.32 	phonics, fluency, vocabulary, and comprehension; as defined in section 122A.06, until the 
16.33 	student achieves grade-level reading proficiency.
16.34 	(c) Beginning in the 2014-2015 school year and later, school sites within a district 
16.35 	or a charter school must not promote to grade 4 a student who is unable to demonstrate 
17.1 	grade-level proficiency as measured by the statewide reading assessment in grade 3 or 
17.2 	locally determined reading assessments but may establish a good cause exception to 
17.3 	ensure a student is not unnecessarily retained in grade 3, consistent with paragraph (f). 
17.4 	At the start of grade 3, a district or charter school, consistent with its literacy plan under 
17.5 	paragraph (a), must give written notice to the parent of a student who demonstrates a 
17.6 	reading deficiency of the following:
17.7 	(1) the student has been identified as having a reading deficiency;
17.8 	(2) reading-related services currently being provided to the student;
17.9 	(3) proposed supplemental instructional services and supports to be provided to the 
17.10 	student to remediate the student's identified reading deficiencies;
17.11 	(4) that a student whose reading deficiencies are not remediated by the end of grade 
17.12 	3 must be retained in grade 3 unless a good cause exception applies;
17.13 	(5) strategies for parents to use in helping their student succeed in becoming 
17.14 	grade-level proficient in reading; and
17.15 	(6) that the annual statewide reading assessment score is not the sole factor in 
17.16 	determining whether a student is promoted and that multiple assessments of a student's 
17.17 	reading proficiency, including additional evaluations, portfolio reviews, and local 
17.18 	assessments are available to help parents and the district or charter school jointly decide 
17.19 	whether a student is reading at or above grade level and ready to be promoted to grade 4.
17.20 	Consistent with clause (6) and for purposes of this section, a student may be retained in 
17.21 	grade 3 only if the parent agrees in writing to having the student retained after the parent 
17.22 	meets with a school administrator, the student's classroom teacher, and other qualified 
17.23 	school professionals such as the school's reading teacher or school counselor to consider 
17.24 	whether or not to promote the student to grade 4 or retain the student in grade 3.
17.25 	(d) No district or charter school may assign a student to grade 4 based solely on the 
17.26 	student's age or any other factor that relates to keeping the student with the student's social 
17.27 	peers despite the student's reading deficiencies and constitutes social promotion. A student 
17.28 	must be promoted to grade 4 only after demonstrating mastery of the reading skills needed 
17.29 	to achieve academic success in grade 4 unless a good cause exception applies.
17.30 	(e) Districts and charter schools must include in their literacy plan under paragraph 
17.31 	(a) specific criteria and policies for promoting midyear to grade 4 a student retained in 
17.32 	grade 3 who subsequently demonstrates grade-level reading proficiency.
17.33 	(f) Under a good cause exception established by the district or charter school in its 
17.34 	literacy plan under paragraph (a), a student who does not demonstrate grade-level reading 
17.35 	proficiency on the statewide reading assessment by the end of grade 3 may be promoted to 
17.36 	grade 4 if the student is:
18.1 	(1) a limited English proficient student who has not received instruction in an 
18.2 	English language learner program during two school years;
18.3 	(2) an eligible child with disabilities whose individualized education program 
18.4 	indicates that participating in the statewide reading assessment program is not appropriate;
18.5 	(3) a student who demonstrates grade-level reading proficiency on an alternative 
18.6 	locally approved standardized reading assessment or, using a student portfolio compiled 
18.7 	by the teacher for this purpose, demonstrates grade-level reading proficiency;
18.8 	(4) an eligible child with disabilities who participates in statewide assessments 
18.9 	under an individualized education program or Section 504 plan that indicates that the 
18.10 	child has received intensive reading remediation for more than two school years, remains 
18.11 	substantially deficient in reading, and was previously retained in one or more grades in an 
18.12 	appropriate alternative placement, consistent with the student's individualized education 
18.13 	program; or
18.14 	(5) a student who received intensive reading instruction for two or more school years, 
18.15 	continues to be substantially deficient in reading, and was previously retained for a total of 
18.16 	two school years in an appropriate alternative placement as part of the local literacy plan.
18.17 	A student who is promoted to grade 4 under clause (5) must continue to be provided 
18.18 	specialized diagnostic information and specific research-based reading strategies during 
18.19 	the school day that are designed to improve the student's reading proficiency under 
18.20 	subdivision 2.
18.21 	(g) To request that a student be promoted to grade 4 under paragraph (f), a teacher 
18.22 	must submit to the school principal or other person having administrative control of the 
18.23 	school either the student's progress monitoring plan, individualized education program, 
18.24 	report card, or student portfolio that demonstrates, based on the student's record, that it is 
18.25 	appropriate to promote the student. The principal or other chief school administrator must 
18.26 	review the evidence and, after consulting with the student's teacher, determine whether 
18.27 	or not to promote the student. A principal employed by a school district must notify the 
18.28 	school superintendent of a decision to promote a student under this paragraph.
18.29 		Subd. 2.Supporting success in reading proficiency for retained students.
 18.30 	(a) Using valid and reliable diagnostic assessments, school sites within a district or a 
18.31 	charter school must provide a student who is not meeting grade-level reading standards 
18.32 	under this section with intensive, comprehensive, scientifically based reading instruction 
18.33 	and interventions, consistent with section 122A.06, subdivision 4, until the student 
18.34 	demonstrates grade-level reading proficiency. The student must receive expanded 
18.35 	instructional time and interventions that accommodate the student's learning style and 
19.1 	provide intensive skill development in phonemic awareness, phonics, fluency, vocabulary, 
19.2 	and comprehension, consistent with sections 120B.12 and 122A.06.
19.3 	(b) Beginning in the 2014-2015 school year, school sites within a district or a 
19.4 	charter school, in consultation with a student's parent, must review the student progress 
19.5 	monitoring plan for each student in grade 3 who is unable to demonstrate grade-level 
19.6 	proficiency on the statewide reading assessment and who does not meet the criteria for a 
19.7 	good cause exception. The review must identify additional supports and services needed 
19.8 	to remediate students' reading deficiency and enable the students to attain grade-level 
19.9 	reading proficiency.
19.10 	(c) School sites within districts and charter schools, consistent with their literacy 
19.11 	plan under subdivision 1, paragraph (a), must provide a student who is not a grade-level 
19.12 	reader or not promoted to grade 4 with intensive interventions to enhance the student's 
19.13 	ability to become a successful, grade-level reader. These interventions may include but 
19.14 	are not limited to:
19.15 	(1) small group instruction;
19.16 	(2) more frequent progress monitoring;
19.17 	(3) tutoring or mentoring by an individual trained in scientifically based reading 
19.18 	instruction;
19.19 	(4) extended school day, week, or year programs; and
19.20 	(5) summer reading camps.
19.21 	(d) School sites within a district or a charter school, consistent with its literacy plan 
19.22 	under subdivision 1, paragraph (a), must notify a parent in writing when a student is not 
19.23 	promoted because the student has a substantial reading deficiency and is ineligible for a 
19.24 	good cause exception under subdivision 1, paragraph (f). The notice must indicate the 
19.25 	interventions and supports that the school site or charter school will provide to the student 
19.26 	to remediate the student's reading deficiencies. The notice also must offer parents at least 
19.27 	one of the following instructional options for their student:
19.28 	(1) supplemental tutoring in comprehensive, scientifically based reading instruction, 
19.29 	including tutoring before or after school;
19.30 	(2) a read-at-home plan with parent-guided home reading; or
19.31 	(3) a mentor or tutor with specialized reading training.
19.32 	(e) The commissioner annually must analyze and publicly report data on the number 
19.33 	of students retained under this subdivision and section 120B.36, subdivision 1, paragraph 
19.34 	(f), on a school-by-school basis to indicate the extent of state and local progress in 
19.35 	enabling students to attain grade-level reading proficiency by the end of grade 3.

20.1 	EFFECTIVE DATE. This section is effective the day following final enactment 
20.2 	and applies to students entering grade 3 in the 2014-2015 school year and later.

20.3 	Sec. 8. Minnesota Statutes 2010, section 120B.12, is amended to read:
20.4 	120B.12 READING INTERVENTION.
20.5 		Subdivision 1.Literacy goal. The legislature seeks to have Minnesota's children 
20.6 	able to read no later than the end of second third grade.
20.7 		Subd. 2.Identification; report. For the 2002-2003 school year and later, Each 
20.8 	school district and charter school shall identify before the end of first second grade 
20.9 	students who are at risk of not learning to read reading at or above grade level before the 
20.10 	end of second third grade. The district and charter school must use a locally adopted 
20.11 	assessment method, consistent with section 120B.115, subdivision 1, to assess a student's 
20.12 	reading proficiency and to intervene effectively when a student demonstrates reading 
20.13 	deficiencies. The district and charter school must annually report the assessment results 
20.14 	of the assessment to the commissioner by June 1, consistent with section 120B.36, 
20.15 	subdivision 1, paragraph (f).
20.16 		Subd. 3.Intervention. For each student identified under subdivision 2, the district 
20.17 	and charter school shall provide a reading intervention method or program to assist the 
20.18 	student in reaching the goal of learning to read reading at or above grade level no later 
20.19 	than the end of second third grade. District intervention methods shall encourage parental 
20.20 	involvement and, where possible, collaboration with appropriate school and community 
20.21 	programs. Intervention methods may include, but are not limited to, requiring attendance 
20.22 	in summer school and intensified reading instruction that may require that the student be 
20.23 	removed from the regular classroom for part of the school day.
20.24 		Subd. 4.Staff development. Each district and charter school shall identify the staff 
20.25 	development needs to ensure that:
20.26 	(1) elementary teachers are able to implement comprehensive, scientifically based, 
20.27 	and balanced reading instruction programs that have resulted in improved student 
20.28 	performance;
20.29 	(2) elementary teachers who are instructing students identified under subdivision 2 
20.30 	are prepared to teach using the intervention methods or programs selected by the district 
20.31 	or charter school for the identified students; and
20.32 	(3) all licensed teachers employed by the district or charter school have regular 
20.33 	opportunities to improve reading instruction.
20.34 		Subd. 5.Commissioner. The commissioner shall recommend to districts and 
20.35 	charter schools multiple assessment tools that will assist districts, charter schools,  and 
21.1 	teachers with identifying students under subdivision 2. The commissioner shall also 
21.2 	make available to districts and charter schools examples of nationally recognized and 
21.3 	research-based instructional methods or programs that districts and charter schools may 
21.4 	use to provide reading intervention according to this section and section 120B.115.

21.5 	EFFECTIVE DATE. This section is effective the day following final enactment 
21.6 	and applies to school districts on that date. For charter schools, this section is effective 
21.7 	for the 2014-2015 school year and later.

21.8 	Sec. 9. Minnesota Statutes 2010, section 120B.30, subdivision 1, is amended to read:
21.9 		Subdivision 1.Statewide testing.  (a) The commissioner, with advice from experts 
21.10 	with appropriate technical qualifications and experience and stakeholders, consistent with 
21.11 	subdivision 1a, shall include in the comprehensive assessment system, for each grade 
21.12 	level to be tested, state-constructed tests developed from and aligned with the state's 
21.13 	required academic standards under section 120B.021, include multiple choice questions, 
21.14 	and be administered annually to all students in grades 3 through 8. State-developed 
21.15 	high school tests aligned with the state's required academic standards under section 
21.16 	120B.021 and administered to all high school students in a subject other than writing 
21.17 	must include multiple choice questions. The commissioner shall establish one or more 
21.18 	months during which schools shall administer the tests to students each school year. 
21.19 	Schools that the commissioner identifies for stand-alone field testing or other national 
21.20 	sampling must participate as directed. Superintendents or charter school directors may 
21.21 	appeal in writing to the commissioner for an exemption from a field test based on undue 
21.22 	hardship. The commissioner's decision regarding the appeal is final. For students enrolled 
21.23 	in grade 8 before the 2005-2006 school year, Minnesota basic skills tests in reading, 
21.24 	mathematics, and writing shall fulfill students' basic skills testing requirements for a 
21.25 	passing state notation. The passing scores of basic skills tests in reading and mathematics 
21.26 	are the equivalent of 75 percent correct for students entering grade 9 based on the first 
21.27 	uniform test administered in February 1998. Students who have not successfully passed 
21.28 	a Minnesota basic skills test by the end of the 2011-2012 school year must pass the 
21.29 	graduation-required assessments for diploma under paragraph (c).
21.30 	(b) The state assessment system must be aligned to the most recent revision of 
21.31 	academic standards as described in section 120B.023 in the following manner:
21.32 	(1) mathematics;
21.33 	(i) grades 3 through 8 beginning in the 2010-2011 school year; and
21.34 	(ii) high school level beginning in the 2013-2014 school year;
22.1 	(2) science; grades 5 and 8 and at the high school level beginning in the 2011-2012 
22.2 	school year; and
22.3 	(3) language arts and reading; grades 3 through 8 and high school level beginning in 
22.4 	the 2012-2013 school year.
22.5 	(c) For students enrolled in grade 8 in the 2005-2006 school year and later, only the 
22.6 	following options shall fulfill students' state graduation test requirements:
22.7 	(1) for reading and mathematics:
22.8 	(i) obtaining an achievement level equivalent to or greater than proficient as 
22.9 	determined through a standard setting process on the Minnesota comprehensive 
22.10 	assessments in grade 10 for reading and grade 11 for mathematics or achieving a passing 
22.11 	score as determined through a standard setting process on the graduation-required 
22.12 	assessment for diploma in grade 10 for reading and grade 11 for mathematics or 
22.13 	subsequent retests;
22.14 	(ii) achieving a passing score as determined through a standard setting process on the 
22.15 	state-identified language proficiency test in reading and the mathematics test for English 
22.16 	language learners or the graduation-required assessment for diploma equivalent of those 
22.17 	assessments for students designated as English language learners;
22.18 	(iii) achieving an individual passing score on the graduation-required assessment 
22.19 	for diploma as determined by appropriate state guidelines for students with an individual 
22.20 	education plan or 504 plan;
22.21 	(iv) obtaining achievement level equivalent to or greater than proficient as 
22.22 	determined through a standard setting process on the state-identified alternate assessment 
22.23 	or assessments in grade 10 for reading and grade 11 for mathematics for students with 
22.24 	an individual education plan; or
22.25 	(v) achieving an individual passing score on the state-identified alternate assessment 
22.26 	or assessments as determined by appropriate state guidelines for students with an 
22.27 	individual education plan; and
22.28 	(2) for writing:
22.29 	(i) achieving a passing score on the graduation-required assessment for diploma;
22.30 	(ii) achieving a passing score as determined through a standard setting process on 
22.31 	the state-identified language proficiency test in writing for students designated as English 
22.32 	language learners;
22.33 	(iii) achieving an individual passing score on the graduation-required assessment 
22.34 	for diploma as determined by appropriate state guidelines for students with an individual 
22.35 	education plan or 504 plan; or
23.1 	(iv) achieving an individual passing score on the state-identified alternate assessment 
23.2 	or assessments as determined by appropriate state guidelines for students with an 
23.3 	individual education plan.
23.4 	(d) Students enrolled in grade 8 in any school year from the 2005-2006 school 
23.5 	year to the 2009-2010 school year who do not pass the mathematics graduation-required 
23.6 	assessment for diploma under paragraph (c) are eligible to receive a high school diploma 
23.7 	if they:
23.8 	(1) complete with a passing score or grade all state and local coursework and credits 
23.9 	required for graduation by the school board granting the students their diploma;
23.10 	(2) participate in district-prescribed academic remediation in mathematics; and
23.11 	(3) fully participate in at least two retests of the mathematics GRAD test or until 
23.12 	they pass the mathematics GRAD test, whichever comes first. A school, district, or 
23.13 	charter school must place on the high school transcript a student's highest current pass 
23.14 	status for each subject that has a required graduation assessment score for each of the 
23.15 	following assessments on the student's high school transcript: the mathematics Minnesota 
23.16 	Comprehensive Assessment, reading Minnesota Comprehensive Assessment, and writing 
23.17 	Graduation-Required Assessment for Diploma, and when applicable, the mathematics 
23.18 	Graduation-Required Assessment for Diploma and reading Graduation-Required 
23.19 	Assessment for Diploma.
23.20 	In addition, the school board granting the students their diplomas may formally 
23.21 	decide to include a notation of high achievement on the high school diplomas of those 
23.22 	graduating seniors who, according to established school board criteria, demonstrate 
23.23 	exemplary academic achievement during high school.
23.24 	(e) The 3rd through 8th grade and high school test results shall be available to 
23.25 	districts for diagnostic purposes affecting student learning and district instruction and 
23.26 	curriculum, and for establishing educational accountability. The commissioner must 
23.27 	disseminate to the public the high school test results upon receiving those results.
23.28 	(f) The 3rd through 8th grade and high school tests must be aligned with state 
23.29 	academic standards. The commissioner shall determine the testing process and the order 
23.30 	of administration. The statewide results shall be aggregated at the site and district level, 
23.31 	consistent with subdivision 1a.
23.32 	(g) In addition to the testing and reporting requirements under this section, the 
23.33 	commissioner shall include the following components in the statewide public reporting 
23.34 	system:
24.1 	(1) uniform statewide testing of all students in grades 3 through 8 and at the high 
24.2 	school level that provides appropriate, technically sound accommodations or alternate 
24.3 	assessments;
24.4 	(2) educational indicators that can be aggregated and compared across school 
24.5 	districts and across time on a statewide basis, including average daily attendance, high 
24.6 	school graduation rates, and high school drop-out rates by age and grade level;
24.7 	(3) state results on the American College Test; and
24.8 	(4) state results from participation in the National Assessment of Educational 
24.9 	Progress so that the state can benchmark its performance against the nation and other 
24.10 	states, and, where possible, against other countries, and contribute to the national effort 
24.11 	to monitor achievement.

24.12 	Sec. 10. Minnesota Statutes 2010, section 120B.30, subdivision 3, is amended to read:
24.13 		Subd. 3.Reporting. The commissioner shall report test data results publicly and 
24.14 	to stakeholders, including the performance achievement levels developed from students' 
24.15 	unweighted test scores in each tested subject and a listing of demographic factors that 
24.16 	strongly correlate with student performance. The test results must not include personally 
24.17 	identifiable information as defined in Code of Federal Regulations, title 34, section 99.3.
24.18 	The commissioner shall also report data that compares performance results among school 
24.19 	sites, school districts, Minnesota and other states, and Minnesota and other nations. The 
24.20 	commissioner shall disseminate to schools and school districts a more comprehensive 
24.21 	report containing testing information that meets local needs for evaluating instruction 
24.22 	and curriculum.

24.23 	Sec. 11. Minnesota Statutes 2010, section 120B.30, subdivision 4, is amended to read:
24.24 		Subd. 4.Access to tests. Consistent with section 13.34, the commissioner must 
24.25 	adopt and publish a policy to provide public and parental access for review of basic skills 
24.26 	tests, Minnesota Comprehensive Assessments, or any other such statewide test and 
24.27 	assessment which would not compromise the objectivity or fairness of the testing or 
24.28 	examination process. Upon receiving a written request, the commissioner must make 
24.29 	available to parents or guardians a copy of their student's actual responses to the test 
24.30 	questions for their review.

24.31 	Sec. 12. Minnesota Statutes 2010, section 120B.31, subdivision 4, is amended to read:
24.32 		Subd. 4.Statistical adjustments; Student performance data. In developing 
24.33 	policies and assessment processes to hold schools and districts accountable for high levels 
25.1 	of academic standards under section 120B.021, the commissioner shall aggregate student 
25.2 	data over time to report student performance and growth levels measured at the school, 
25.3 	school district, and statewide level. When collecting and reporting the performance data, 
25.4 	the commissioner shall: (1) acknowledge the impact of significant demographic factors 
25.5 	such as residential instability, the number of single parent families, parents' level of 
25.6 	education, and parents' income level on school outcomes; and (2) organize and report the 
25.7 	data so that state and local policy makers can understand the educational implications 
25.8 	of changes in districts' demographic profiles over time. Any report the commissioner 
25.9 	disseminates containing summary data on student performance must integrate student 
25.10 	performance and the demographic factors that strongly correlate with that performance.

25.11 	Sec. 13. Minnesota Statutes 2010, section 120B.36, subdivision 1, is amended to read:
25.12 		Subdivision 1.School performance report cards. (a) The commissioner 
25.13 	shall report student academic performance under section 120B.35, subdivision 2; the 
25.14 	percentages of students showing low, medium, and high growth under section 120B.35, 
25.15 	subdivision 3, paragraph (b); school safety and student engagement and connection 
25.16 	under section 120B.35, subdivision 3, paragraph (d); rigorous coursework under 
25.17 	section 120B.35, subdivision 3, paragraph (c); two separate student-to-teacher ratios 
25.18 	that clearly indicate the definition of teacher consistent with sections 122A.06 and 
25.19 	122A.15 for purposes of determining these ratios; staff characteristics excluding salaries; 
25.20 	student enrollment demographics; district mobility; students' reading proficiency; and 
25.21 	extracurricular activities. The report also must indicate a school's adequate yearly progress 
25.22 	status, and must not set any designations applicable to high- and low-performing schools 
25.23 	due solely to adequate yearly progress status.
25.24 	(b) The commissioner shall develop, annually update, and post on the department 
25.25 	Web site school performance report cards.
25.26 	(c) The commissioner must make available performance report cards by the 
25.27 	beginning of each school year.
25.28 	(d) A school or district may appeal its adequate yearly progress status in writing to 
25.29 	the commissioner within 30 days of receiving the notice of its status. The commissioner's 
25.30 	decision to uphold or deny an appeal is final.
25.31 	(e) School performance report card data are nonpublic data under section 13.02, 
25.32 	subdivision 9, until not later than ten days after the appeal procedure described in 
25.33 	paragraph (d) concludes the commissioner publicly releases the data. The department
25.34 	commissioner shall annually post school performance report cards to its the department's
25.35 	public Web site no later than September 1, except that in the years when the report card 
26.1 	reflects new performance standards, the commissioner may post the school performance 
26.2 	report cards no later than October 1 if specifically authorized by the legislature to do so.
26.3 	(f) Consistent with this subdivision and sections 120B.115 and 120B.12, each school 
26.4 	site within a district and charter school must report to parents and the department on:
26.5 	(1) on a grade-by-grade basis, the progress that students are making toward 
26.6 	achieving local and state expectations for attaining reading proficiency and growth;
26.7 	(2) the effect of academic policies and procedures, including parent notification 
26.8 	among other policies and procedures, on promoting and retaining students based on 
26.9 	a student's reading proficiency;
26.10 	(3) the number and percentage of students in each grade, 3 through 10, who do or do 
26.11 	not demonstrate proficiency on statewide reading assessments;
26.12 	(4) the number and percentage of students promoted to grade 4 under section 
26.13 	120B.115, subdivision 1, paragraph (f); and
26.14 	(5) changes in local literacy policies to increase the number of students in each 
26.15 	grade, 3 through 10, who demonstrate reading proficiency and growth.
26.16 	Upon request, the department may provide school sites within a district and charter 
26.17 	schools with technical assistance to improve students' grade-level reading proficiency, 
26.18 	consistent with the data under this subdivision and sections 120B.115 and 120B.12.

26.19 	EFFECTIVE DATE. This section is effective for the 2014-2015 school year and 
26.20 	later and applies to reports prepared using data from the 2014-2015 school year and later.

26.21 	Sec. 14. Minnesota Statutes 2010, section 120B.36, subdivision 2, is amended to read:
26.22 		Subd. 2.Adequate yearly progress and other data. All data the department 
26.23 	receives, collects, or creates to determine adequate yearly progress status under Public 
26.24 	Law 107-110, section 1116, set state growth targets, and determine student growth are 
26.25 	nonpublic data under section 13.02, subdivision 9, until not later than ten days after the 
26.26 	appeal procedure described in subdivision 1, paragraph (d), concludes the commissioner 
26.27 	publicly releases the data. Districts must provide parents sufficiently detailed summary 
26.28 	data to permit parents to appeal under Public Law 107-110, section 1116(b)(2). The 
26.29 	department commissioner shall annually post federal adequate yearly progress data and 
26.30 	state student growth data to its the department's public Web site no later than September 
26.31 	1, except that in years when adequate yearly progress reflects new performance standards, 
26.32 	the commissioner may post federal adequate yearly progress data and state student growth 
26.33 	data no later than October 1 if specifically authorized by the legislature to do so.

27.1 	Sec. 15. Minnesota Statutes 2010, section 121A.15, subdivision 8, is amended to read:
27.2 		Subd. 8.Report. The administrator or other person having general control and 
27.3 	supervision of the elementary or secondary school shall file a report with the commissioner 
27.4 	on all persons enrolled in the school. The superintendent of each district shall file a report 
27.5 	with the commissioner for all persons within the district receiving instruction in a home 
27.6 	school in compliance with sections 120A.22 and 120A.24. The parent of persons receiving 
27.7 	instruction in a home school shall submit the statements as required by subdivisions 1, 2, 
27.8 	3, and 4, and 12 to the superintendent of the district in which the person resides by October 
27.9 	1 of each school year the first year of their homeschooling in Minnesota and the grade 7 
27.10 	year. The school report must be prepared on forms developed jointly by the commissioner 
27.11 	of health and the commissioner of education and be distributed to the local districts by the 
27.12 	commissioner of health. The school report must state the number of persons attending the 
27.13 	school, the number of persons who have not been immunized according to subdivision 1 or 
27.14 	2, and the number of persons who received an exemption under subdivision 3, clause (c) 
27.15 	or (d). The school report must be filed with the commissioner of education within 60 days 
27.16 	of the commencement of each new school term. Upon request, a district must be given a 
27.17 	60-day extension for filing the school report. The commissioner of education shall forward 
27.18 	the report, or a copy thereof, to the commissioner of health who shall provide summary 
27.19 	reports to boards of health as defined in section 145A.02, subdivision 2. The administrator 
27.20 	or other person having general control and supervision of the child care facility shall file a 
27.21 	report with the commissioner of human services on all persons enrolled in the child care 
27.22 	facility. The child care facility report must be prepared on forms developed jointly by 
27.23 	the commissioner of health and the commissioner of human services and be distributed 
27.24 	to child care facilities by the commissioner of health. The child care facility report 
27.25 	must state the number of persons enrolled in the facility, the number of persons with no 
27.26 	immunizations, the number of persons who received an exemption under subdivision 3, 
27.27 	clause (c) or (d), and the number of persons with partial or full immunization histories. 
27.28 	The child care facility report must be filed with the commissioner of human services by 
27.29 	November 1 of each year. The commissioner of human services shall forward the report, 
27.30 	or a copy thereof, to the commissioner of health who shall provide summary reports to 
27.31 	boards of health as defined in section 145A.02, subdivision 2. The report required by this 
27.32 	subdivision is not required of a family child care or group family child care facility, for 
27.33 	prekindergarten children enrolled in any elementary or secondary school provided services 
27.34 	according to sections 125A.05 and 125A.06, nor for child care facilities in which at least 
27.35 	75 percent of children in the facility participate on a onetime only or occasional basis to a 
27.36 	maximum of 45 hours per child, per month. 

28.1 	Sec. 16. Minnesota Statutes 2010, section 122A.09, subdivision 4, is amended to read:
28.2 		Subd. 4.License and rules. (a) The board must adopt rules to license public school 
28.3 	teachers and interns subject to chapter 14.
28.4 	(b) The board must adopt rules requiring a person to successfully completepass a 
28.5 	skills examination in reading, writing, and mathematics as a requirement for initial teacher 
28.6 	licensure. Such rules must require college and universities offering a board-approved 
28.7 	teacher preparation program to provideoffer remedial assistance to persons who did not 
28.8 	achieve a qualifying score on the skills examination, including those for whom English is 
28.9 	a second language.
28.10 	(c) The board must adopt rules to approve teacher preparation programs. The board, 
28.11 	upon the request of a postsecondary student preparing for teacher licensure or a licensed 
28.12 	graduate of a teacher preparation program, shall assist in resolving a dispute between the 
28.13 	person and a postsecondary institution providing a teacher preparation program when the 
28.14 	dispute involves an institution's recommendation for licensure affecting the person or the 
28.15 	person's credentials. At the board's discretion, assistance may include the application 
28.16 	of chapter 14.
28.17 	(d) The board must provide the leadership and shall adopt rules for the redesign of 
28.18 	teacher education programs to implement a research based, results-oriented curriculum 
28.19 	that focuses on the skills teachers need in order to be effective. The board shall implement 
28.20 	new systems of teacher preparation program evaluation to assure program effectiveness 
28.21 	based on proficiency of graduates in demonstrating attainment of program outcomes.
28.22 	(e) The board must adopt rules requiring candidates for initial licenses to successfully 
28.23 	completepass an examination of general pedagogical knowledge and examinations of 
28.24 	licensure-specific teaching skills. The rules shall be effective by September 1, 2001. 
28.25 	The rules under this paragraph also must require candidates for initial licenses to teach 
28.26 	prekindergarten or elementary students to successfully complete pass, as part of the 
28.27 	examination of licensure-specific teaching skills, test items assessing the candidates' 
28.28 	knowledge, skill, and ability in comprehensive, scientifically based reading instruction 
28.29 	under section 122A.06, subdivision 4, and their knowledge and understanding of the 
28.30 	foundations of reading development, the development of reading comprehension, and 
28.31 	reading assessment and instruction, and their ability to integrate that knowledge and 
28.32 	understanding.
28.33 	(f) The board must adopt rules requiring teacher educators to work directly with 
28.34 	elementary or secondary school teachers in elementary or secondary schools to obtain 
28.35 	periodic exposure to the elementary or secondary teaching environment.
29.1 	(g) The board must grant licenses based on appropriate professional competencies 
29.2 	that are aligned with the board's licensing system and students' diverse learning needs. 
29.3 	The board must include these licenses in a statewide differentiated licensing system 
29.4 	that creates new leadership roles for successful experienced teachers premised on a 
29.5 	collaborative professional culture dedicated to meeting students' diverse learning needs 
29.6 	in the 21st century and formalizes mentoring and induction for newly licensed teachers 
29.7 	that is provided through a teacher support framework to interns and to candidates for 
29.8 	initial licenses.
29.9 	(h) The board must design and implement an assessment system which requires a 
29.10 	candidate for an initial license and first continuing license to demonstrate the abilities 
29.11 	necessary to perform selected, representative teaching tasks at appropriate levels.
29.12 	(i) The board must receive recommendations from local committees as established 
29.13 	by the board for the renewal of teaching licenses.
29.14 	(j) The board must grant life licenses to those who qualify according to requirements 
29.15 	established by the board, and suspend or revoke licenses pursuant to sections 122A.20 and 
29.16 	214.10. The board must not establish any expiration date for application for life licenses.
29.17 	(k) The board must adopt rules that require all licensed teachers who are renewing 
29.18 	their continuing license to include in their renewal requirements further preparation in 
29.19 	the areas of using positive behavior interventions and in accommodating, modifying, and 
29.20 	adapting curricula, materials, and strategies to appropriately meet the needs of individual 
29.21 	students and ensure adequate progress toward the state's graduation rule.
29.22 	(l) In adopting rules to license public school teachers who provide health-related 
29.23 	services for disabled children, the board shall adopt rules consistent with license or 
29.24 	registration requirements of the commissioner of health and the health-related boards who 
29.25 	license personnel who perform similar services outside of the school.
29.26 	(m) The board must adopt rules that require all licensed teachers who are renewing 
29.27 	their continuing license to include in their renewal requirements further reading 
29.28 	preparation, consistent with section 122A.06, subdivision 4. The rules do not take effect 
29.29 	until they are approved by law. Teachers who do not provide direct instruction including, at 
29.30 	least, counselors, school psychologists, school nurses, school social workers, audiovisual 
29.31 	directors and coordinators, and recreation personnel are exempt from this section.
29.32 	(n) The board must adopt rules that require all licensed teachers who are renewing 
29.33 	their continuing license to include in their renewal requirements further preparation 
29.34 	in understanding the key warning signs of early-onset mental illness in children and 
29.35 	adolescents.

30.1 	Sec. 17. Minnesota Statutes 2010, section 122A.14, subdivision 3, is amended to read:
30.2 		Subd. 3.Rules for continuing education requirements. The board shall 
30.3 	adopt rules establishing continuing education requirements that promote continuous 
30.4 	improvement and acquisition of new and relevant skills by school administrators. A 
30.5 	retired school principal who serves as a substitute principal or assistant principal for the 
30.6 	same person on a day-to-day basis for no more than 15 consecutive school days is not 
30.7 	subject to continuing education requirements as a condition of serving as a substitute 
30.8 	principal or assistant principal.

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

30.10 	Sec. 18. Minnesota Statutes 2010, section 122A.16, as amended by Laws 2011, chapter 
30.11 	5, section 2, is amended to read:
30.12 	122A.16 HIGHLY QUALIFIED TEACHER DEFINED.
30.13 	(a) A qualified teacher is one holding a valid license, under this chapter, to perform 
30.14 	the particular service for which the teacher is employed in a public school.
30.15 	(b) For the purposes of the federal No Child Left Behind Act, a highly qualified 
30.16 	teacher is one who holds a valid license under this chapter, including under section 
30.17 	122A.245, among other sections, to perform the particular service for which the teacher is 
30.18 	employed in a public school or who meets the requirements of a highly objective uniform 
30.19 	state standard of evaluation (HOUSSE) and is determined by local administrators as 
30.20 	having highly qualified status according to the approved Minnesota highly qualified plan. 
30.21 	Teachers delivering core content instruction must be deemed highly qualified at the local 
30.22 	level and reported to the state via the staff automated reporting system.
30.23 	All Minnesota teachers teaching in a core academic subject area, as defined by the 
30.24 	federal No Child Left Behind Act, in which they are not fully licensed may complete the 
30.25 	following HOUSSE process in the core subject area for which the teacher is requesting 
30.26 	highly qualified status by completing an application, in the form and manner described by 
30.27 	the commissioner, that includes:
30.28 	(1) documentation of student achievement as evidenced by norm-referenced test 
30.29 	results that are objective and psychometrically valid and reliable;
30.30 	(2) evidence of local, state, or national activities, recognition, or awards for 
30.31 	professional contribution to achievement;
30.32 	(3) description of teaching experience in the teachers' core subject area in a public 
30.33 	school under a waiver, variance, limited license or other exception; nonpublic school; and 
30.34 	postsecondary institution;
31.1 	(4) test results from the Praxis II content test;
31.2 	(5) evidence of advanced certification from the National Board for Professional 
31.3 	Teaching Standards;
31.4 	(6) evidence of the successful completion of course work or pedagogy courses; and
31.5 	(7) evidence of the successful completion of high quality professional development 
31.6 	activities.
31.7 	Districts must assign a school administrator to serve as a HOUSSE reviewer to 
31.8 	meet with teachers under this paragraph and, where appropriate, certify the teachers' 
31.9 	applications. Teachers satisfy the definition of highly qualified when the teachers receive 
31.10 	at least 100 of the total number of points used to measure the teachers' content expertise 
31.11 	under clauses (1) to (7). Teachers may acquire up to 50 points only in any one clause (1) 
31.12 	to (7). Teachers may use the HOUSSE process to satisfy the definition of highly qualified 
31.13 	for more than one subject area.
31.14 	(c) Achievement of the HOUSSE criteria is not equivalent to a license. A teacher 
31.15 	must obtain permission from the Board of Teaching in order to teach in a public school.

31.16 	EFFECTIVE DATE. This section is effective for the 2011-2012 school year and 
31.17 	later.

31.18 	Sec. 19. Minnesota Statutes 2010, section 122A.18, subdivision 2, is amended to read:
31.19 		Subd. 2.Teacher and support personnel qualifications. (a) The Board of 
31.20 	Teaching must issue licenses under its jurisdiction to persons the board finds to be 
31.21 	qualified and competent for their respective positions.
31.22 	(b) The board must require a person to successfully complete pass an examination 
31.23 	of skills in reading, writing, and mathematics before being granted an initial teaching 
31.24 	license to provide direct instruction to pupils in prekindergarten, elementary, secondary, or 
31.25 	special education programs. The board must require colleges and universities offering 
31.26 	a board approved teacher preparation program to provide offer remedial assistance that 
31.27 	includes a formal diagnostic component to persons enrolled in their institution who did not 
31.28 	achieve a qualifying score on the skills examination, including those for whom English 
31.29 	is a second language. The colleges and universities must provide offer assistance in the 
31.30 	specific academic areas of deficiency in which the person did not achieve a qualifying 
31.31 	score. The board must issue a one-year license to teach in Minnesota to an otherwise 
31.32 	qualified person who completed his or her teacher preparation program outside the state of 
31.33 	Minnesota, during which time that person must take and pass the state skills examination 
31.34 	in reading, writing, and math. School districts must provide similar offer, appropriate, and 
31.35 	timely remedial assistance that includes a formal diagnostic component and mentoring to 
32.1 	those persons employed by the district who completed their teacher education preparation
32.2 	program outside the state of Minnesota, received a one-year license to teach in Minnesota 
32.3 	and did not achieve a qualifying score on the skills examination, including those persons 
32.4 	for whom English is a second language. The Board of Teaching shall report annually to 
32.5 	the education committees of the legislature on the total number of teacher candidates 
32.6 	during the most recent school year taking the skills examination, the number who achieve 
32.7 	a qualifying score on the examination, the number who do not achieve a qualifying score 
32.8 	on the examination, the distribution of all candidates' scores, the number of candidates 
32.9 	who have taken the examination at least once before, and the number of candidates who 
32.10 	have taken the examination at least once before and achieve a qualifying score.
32.11 	(c) A person who has completed an approved teacher preparation program and 
32.12 	obtained a one-year license to teach, but has not successfully completed the skills 
32.13 	examination, may renew the one-year license for two additional one-year periods. Each 
32.14 	renewal of the one-year license is contingent upon the licensee:
32.15 	(1) providing evidence of participating in an approved remedial assistance program 
32.16 	provided by a school district or postsecondary institution that includes a formal diagnostic 
32.17 	component in the specific areas in which the licensee did not obtain qualifying scores; and
32.18 	(2) attempting to successfully complete the skills examination during the period 
32.19 	of each one-year license.
32.20 	(d) (c) The Board of Teaching must grant continuing licenses only to those persons 
32.21 	who have met board criteria for granting a continuing license, which includes successfully 
32.22 	completing passing the skills examination in reading, writing, and mathematics.
32.23 	(e) (d) All colleges and universities approved by the board of teaching to prepare 
32.24 	persons for teacher licensure must include in their teacher preparation programs a common 
32.25 	core of teaching knowledge and skills to be acquired by all persons recommended 
32.26 	for teacher licensure. This common core shall meet the standards developed by the 
32.27 	interstate new teacher assessment and support consortium in its 1992 "model standards for 
32.28 	beginning teacher licensing and development." Amendments to standards adopted under 
32.29 	this paragraph are covered by chapter 14. The board of teaching shall report annually to 
32.30 	the education committees of the legislature on the performance of teacher candidates 
32.31 	on common core assessments of knowledge and skills under this paragraph during the 
32.32 	most recent school year.

32.33 	Sec. 20. Minnesota Statutes 2010, section 122A.23, subdivision 2, is amended to read:
32.34 		Subd. 2.Applicants licensed in other states. (a) Subject to the requirements of 
32.35 	sections 122A.18, subdivision subdivisions 2, paragraph (b), and 8, and 123B.03, the 
33.1 	Board of Teaching must issue a teaching license or a temporary teaching license under 
33.2 	paragraphs (b) to (e) to an applicant who holds at least a baccalaureate degree from a 
33.3 	regionally accredited college or university and holds or held a similar out-of-state teaching 
33.4 	license that requires the applicant to successfully complete a teacher preparation program 
33.5 	approved by the issuing state, which includes field-specific teaching methods and student 
33.6 	teaching or essentially equivalent experience. 
33.7 	(b) The Board of Teaching must issue a teaching license to an applicant who:
33.8 	(1) successfully completed all exams and human relations preparation components 
33.9 	required by the Board of Teaching; and
33.10 	(2) holds or held an out-of-state teaching license to teach the same content field and 
33.11 	grade levels if the scope of the out-of-state license is no more than one grade level less 
33.12 	than a similar Minnesota license.
33.13 	(c) The Board of Teaching, consistent with board rules, must issue up to three 
33.14 	one-year temporary teaching licenses to an applicant who holds or held an out-of-state 
33.15 	teaching license to teach the same content field and grade levels, where the scope of the 
33.16 	out-of-state license is no more than one grade level less than a similar Minnesota license, 
33.17 	but has not successfully completed all exams and human relations preparation components 
33.18 	required by the Board of Teaching.
33.19 	(d) The Board of Teaching, consistent with board rules, must issue up to three 
33.20 	one-year temporary teaching licenses to an applicant who:
33.21 	(1) successfully completed all exams and human relations preparation components 
33.22 	required by the Board of Teaching; and
33.23 	(2) holds or held an out-of-state teaching license to teach the same content field 
33.24 	and grade levels, where the scope of the out-of-state license is no more than one grade 
33.25 	level less than a similar Minnesota license, but has not completed field-specific teaching 
33.26 	methods or student teaching or equivalent experience.
33.27 	The applicant may complete field-specific teaching methods and student teaching 
33.28 	or equivalent experience by successfully participating in a one-year school district 
33.29 	mentorship program consistent with board-adopted standards of effective practice and 
33.30 	Minnesota graduation requirements.
33.31 	(e) The Board of Teaching must issue a temporary teaching license for a term of 
33.32 	up to three years only in the content field or grade levels specified in the out-of-state 
33.33 	license to an applicant who:
33.34 	(1) successfully completed all exams and human relations preparation components 
33.35 	required by the Board of Teaching; and
34.1 	(2) holds or held an out-of-state teaching license where the out-of-state license is 
34.2 	more limited in the content field or grade levels than a similar Minnesota license.
34.3 	(f) The Board of Teaching must not issue to an applicant more than three one-year 
34.4 	temporary teaching licenses under this subdivision.
34.5 	(g) The Board of Teaching must not issue a license under this subdivision if the 
34.6 	applicant has not attained the additional degrees, credentials, or licenses required in a 
34.7 	particular licensure field.

34.8 	Sec. 21. Minnesota Statutes 2010, section 122A.40, subdivision 5, is amended to read:
34.9 		Subd. 5.Probationary period. (a) The first three consecutive years of a 
34.10 	teacher's first teaching experience in Minnesota in a single district is deemed to be a 
34.11 	probationary period of employment, and after completion thereof, the probationary period 
34.12 	in each district in which the teacher is thereafter employed also shall be one year three 
34.13 	consecutive years of teaching experience, except that for purposes of this provision, 
34.14 	the probationary period for principals and assistant principals shall be two consecutive 
34.15 	years. The school board must adopt a plan for written evaluation of teachers during the 
34.16 	probationary period. Evaluation must occur at least three times each school year for a 
34.17 	teacher performing services on 120 or more school days, at least two times each year for a 
34.18 	teacher performing services on 60 to 119 school days, and at least one time each year for a 
34.19 	teacher performing services on fewer than 60 school days during that school year. Days 
34.20 	devoted to parent-teacher conferences, teachers' workshops, and other staff development 
34.21 	opportunities and days on which a teacher is absent from school must not be included in 
34.22 	determining the number of school days on which a teacher performs services. Except as 
34.23 	otherwise provided in paragraph (b), during the probationary period any annual contract 
34.24 	with any teacher may or may not be renewed as the school board shall see fit. However, 
34.25 	the board must give any such teacher whose contract it declines to renew for the following 
34.26 	school year written notice to that effect before July June 1. If the teacher requests reasons 
34.27 	for any nonrenewal of a teaching contract, the board must give the teacher its reason in 
34.28 	writing, including a statement that appropriate supervision was furnished describing the 
34.29 	nature and the extent of such supervision furnished the teacher during the employment 
34.30 	by the board, within ten days after receiving such request. The school board may, after 
34.31 	a hearing held upon due notice, discharge a teacher during the probationary period for 
34.32 	cause, effective immediately, under section 122A.44.
34.33 	(b) A board must discharge a probationary teacher, effective immediately, upon 
34.34 	receipt of notice under section 122A.20, subdivision 1, paragraph (b), that the teacher's 
34.35 	license has been revoked due to a conviction for child abuse or sexual abuse.
35.1 	(c) A probationary teacher whose first three years of consecutive employment in 
35.2 	a district are interrupted for active military service and who promptly resumes teaching 
35.3 	consistent with federal reemployment timelines for uniformed service personnel under 
35.4 	United States Code, title 38, section 4312(e), is considered to have a consecutive teaching 
35.5 	experience for purposes of paragraph (a).
35.6 	(d) A probationary teacher must complete at least 60 120 days of teaching service 
35.7 	each year during the probationary period. Days devoted to parent-teacher conferences, 
35.8 	teachers' workshops, and other staff development opportunities and days on which a 
35.9 	teacher is absent from school do not count as days of teaching service under this paragraph.

35.10 	EFFECTIVE DATE. This section is effective June 30, 2011, and applies to all 
35.11 	probationary teacher employment contracts ratified or modified after that date.

35.12 	Sec. 22. Minnesota Statutes 2010, section 122A.40, is amended by adding a 
35.13 	subdivision to read:
35.14 		Subd. 8a.Probationary period for principals hired internally. A two school year 
35.15 	probationary period is required for a licensed teacher employed by the board who is 
35.16 	subsequently employed by the board as a licensed school principal or assistant principal, 
35.17 	and an additional probationary period of two years is required for a licensed assistant 
35.18 	principal employed by the board who is subsequently employed by the board as a licensed 
35.19 	principal. A licensed teacher subsequently employed by the board as a licensed school 
35.20 	principal or assistant principal retains the teacher's continuing contract status as a licensed 
35.21 	teacher during the probationary period under this subdivision and has the right to return 
35.22 	to his or her previous position or an equivalent position, if available, if the teacher is 
35.23 	not promoted.

35.24 	EFFECTIVE DATE. This section is effective June 30, 2011, and applies to all 
35.25 	contracts for internally hired licensed school principals and assistant principals ratified or 
35.26 	modified after that date.

35.27 	Sec. 23. Minnesota Statutes 2010, section 122A.40, subdivision 11, is amended to read:
35.28 		Subd. 11.Unrequested leave of absence. (a) The board may place on unrequested 
35.29 	leave of absence, without pay or fringe benefits, as many teachers as may be necessary 
35.30 	because of discontinuance of position, lack of pupils, financial limitations, or merger of 
35.31 	classes caused by consolidation of districts. The unrequested leave is effective at the close 
35.32 	of the school year. In placing teachers on unrequested leave, the board may exempt from 
35.33 	the effects of paragraphs (b) to (g) those teachers who teach in a Montessori or language 
36.1 	immersion program, provide instruction in an advanced placement course, or hold a 
36.2 	kindergarten through grade 12 instrumental vocal classroom music license and currently 
36.3 	serve as a choir, band, or orchestra director and who, in the superintendent's judgment, 
36.4 	meet a unique need in delivering curriculum. However, within the Montessori or language 
36.5 	immersion program, a teacher must be placed on unrequested leave of absence consistent 
36.6 	with paragraph (c). The board is governed by the following provisions: of paragraphs 
36.7 	(b) to (g), consistent with this paragraph.
36.8 	(a) (b) The board may place probationary teachers on unrequested leave first in 
36.9 	the inverse order of their employment. A teacher who has acquired continuing contract 
36.10 	rights must not be placed on unrequested leave of absence while probationary teachers 
36.11 	are retained in positions for which the teacher who has acquired continuing contract 
36.12 	rights is licensed;.
36.13 	(b) (c) Teachers who have acquired continuing contract rights shall be placed on 
36.14 	unrequested leave of absence in fields in which they are licensed in the inverse order 
36.15 	in which they were employed by the school district. In the case of equal seniority, the 
36.16 	order in which teachers who have acquired continuing contract rights shall be placed on 
36.17 	unrequested leave of absence in fields in which they are licensed is negotiable;.
36.18 	(c) (d) Notwithstanding the provisions of clause (b) paragraph (c), a teacher is not 
36.19 	entitled to exercise any seniority when that exercise results in that teacher being retained 
36.20 	by the district in a field for which the teacher holds only a provisional license, as defined 
36.21 	by the board of teaching, unless that exercise of seniority results in the placement on 
36.22 	unrequested leave of absence of another teacher who also holds a provisional license in the 
36.23 	same field. The provisions of this clause do not apply to vocational education licenses;.
36.24 	(d) (e) Notwithstanding clauses (a), (b) and (c) paragraphs (b), (c), and (d), if the 
36.25 	placing of a probationary teacher on unrequested leave before a teacher who has acquired 
36.26 	continuing rights, the placing of a teacher who has acquired continuing contract rights 
36.27 	on unrequested leave before another teacher who has acquired continuing contract rights 
36.28 	but who has greater seniority, or the restriction imposed by the provisions of clause (c)
36.29 	paragraph (d) would place the district in violation of its affirmative action program, 
36.30 	the district may retain the probationary teacher, the teacher with less seniority, or the 
36.31 	provisionally licensed teacher;.
36.32 	(e) (f) Teachers placed on unrequested leave of absence must be reinstated to 
36.33 	the positions from which they have been given leaves of absence or, if not available, 
36.34 	to other available positions in the school district in fields in which they are licensed. 
36.35 	Reinstatement must be in the inverse order of placement on leave of absence. A teacher 
36.36 	must not be reinstated to a position in a field in which the teacher holds only a provisional 
37.1 	license, other than a vocational education license, while another teacher who holds a 
37.2 	nonprovisional license in the same field remains on unrequested leave. The order of 
37.3 	reinstatement of teachers who have equal seniority and who are placed on unrequested 
37.4 	leave in the same school year is negotiable;.
37.5 	(f) (g) Appointment of a new teacher must not be made while there is available, on 
37.6 	unrequested leave, a teacher who is properly licensed to fill such vacancy, unless the 
37.7 	teacher fails to advise the school board within 30 days of the date of notification that a 
37.8 	position is available to that teacher who may return to employment and assume the duties 
37.9 	of the position to which appointed on a future date determined by the board;.
37.10 	(g) (h) A teacher placed on unrequested leave of absence may engage in teaching 
37.11 	or any other occupation during the period of this leave;.
37.12 	(h) (i) The unrequested leave of absence must not impair the continuing contract 
37.13 	rights of a teacher or result in a loss of credit for previous years of service;.
37.14 	(i) (j) The unrequested leave of absence of a teacher who is placed on unrequested 
37.15 	leave of absence and who is not reinstated shall continue for a period of five years, after 
37.16 	which the right to reinstatement shall terminate. The teacher's right to reinstatement shall 
37.17 	also terminate if the teacher fails to file with the board by April 1 of any year a written 
37.18 	statement requesting reinstatement;.
37.19 	(j) (k) The same provisions applicable to terminations of probationary or continuing 
37.20 	contracts in subdivisions 5 and 7 must apply to placement on unrequested leave of 
37.21 	absence;.
37.22 	(k) (l) Nothing in this subdivision shall be construed to impair the rights of teachers 
37.23 	placed on unrequested leave of absence to receive unemployment benefits if otherwise 
37.24 	eligible.

37.25 	EFFECTIVE DATE. This section is effective June 30, 2011, and applies to all 
37.26 	collective bargaining agreements ratified or modified after that date.

37.27 	Sec. 24. Minnesota Statutes 2010, section 122A.41, subdivision 1, is amended to read:
37.28 		Subdivision 1.Words, terms, and phrases. Unless the language or context clearly 
37.29 	indicates that a different meaning is intended, the following words, terms, and phrases, for 
37.30 	the purposes of the following subdivisions in this section shall be defined as follows:
37.31 	(a) Teachers. The term "teacher" includes every person regularly employed, as a 
37.32 	principal, or to give instruction in a classroom, or to superintend or supervise classroom 
37.33 	instruction, or as placement teacher and visiting teacher. Persons regularly employed as 
37.34 	counselors and school librarians shall be covered by these sections as teachers if licensed 
37.35 	as teachers or as school librarians.
38.1 	(b) School board. The term "school board" includes a majority in membership 
38.2 	of any and all boards or official bodies having the care, management, or control over 
38.3 	public schools.
38.4 	(c) Demote. The word "demote" means to reduce in rank or to transfer to a lower 
38.5 	branch of the service or to a position carrying a lower salary or the compensation a person 
38.6 	actually receives in the new position.
38.7 	(d) Nonprovisional license. For purposes of this section, "nonprovisional license" 
38.8 	shall mean an entrance, continuing, or life license.

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

38.10 	Sec. 25. Minnesota Statutes 2010, section 122A.41, subdivision 2, is amended to read:
38.11 		Subd. 2.Probationary period; discharge or demotion. (a) All teachers in 
38.12 	the public schools in cities of the first class during the first three years of consecutive 
38.13 	employment shall be deemed to be in a probationary period of employment during which 
38.14 	period any annual contract with any teacher may, or may not, be renewed as the school 
38.15 	board, after consulting with the peer review committee charged with evaluating the 
38.16 	probationary teachers under subdivision 3, shall see fit. The school site management team 
38.17 	or the school board if there is no school site management team, shall adopt a plan for a 
38.18 	written evaluation of teachers during the probationary period according to subdivision 
38.19 	3. Evaluation by the peer review committee charged with evaluating probationary 
38.20 	teachers under subdivision 3 shall occur at least three times each school year for a teacher 
38.21 	performing services on 120 or more school days, at least two times each year for a teacher 
38.22 	performing services on 60 to 119 school days, and at least one time each year for a 
38.23 	teacher performing services on fewer than 60 school days. Days devoted to parent-teacher 
38.24 	conferences, teachers' workshops, and other staff development opportunities and days on 
38.25 	which a teacher is absent from school shall not be included in determining the number of 
38.26 	school days on which a teacher performs services. The school board may, during such 
38.27 	probationary period, discharge or demote a teacher for any of the causes as specified in 
38.28 	this code. A written statement of the cause of such discharge or demotion shall be given to 
38.29 	the teacher by the school board at least 30 days before such removal or demotion shall 
38.30 	become effective, and the teacher so notified shall have no right of appeal therefrom.
38.31 	(b) A probationary teacher whose first three years of consecutive employment are 
38.32 	interrupted for active military service and who promptly resumes teaching consistent with 
38.33 	federal reemployment timelines for uniformed service personnel under United States 
38.34 	Code, title 38, section 4312(e), is considered to have a consecutive teaching experience 
38.35 	for purposes of paragraph (a).
39.1 	(c) A probationary teacher must complete at least 60 120 days of teaching service 
39.2 	each year during the probationary period. Days devoted to parent-teacher conferences, 
39.3 	teachers' workshops, and other staff development opportunities and days on which a 
39.4 	teacher is absent from school do not count as days of teaching service under this paragraph.

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

39.6 	Sec. 26. Minnesota Statutes 2010, section 122A.41, subdivision 5a, is amended to read:
39.7 		Subd. 5a.Probationary period for principals hired internally. A board and 
39.8 	the exclusive representative of the school principals in the district may negotiate a plan 
39.9 	for a A two school year probationary period of up to two school years is required for 
39.10 	licensed teachers employed by the board who are subsequently employed by the board as 
39.11 	a licensed school principal or assistant principal and an additional probationary period of 
39.12 	up to two years is required for licensed assistant principals employed by the board who are 
39.13 	subsequently employed by the board as a licensed school principal. A licensed teacher 
39.14 	subsequently employed by the board as a licensed school principal or assistant principal 
39.15 	retains his or her continuing contract status as a licensed teacher during the probationary 
39.16 	period under this subdivision and has the right to return to his or her previous position or 
39.17 	an equivalent position, if available, if the teacher is not promoted.

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

39.19 	Sec. 27. Minnesota Statutes 2010, section 122A.41, subdivision 10, is amended to read:
39.20 		Subd. 10.Decision, when rendered. The hearing must be concluded and a decision 
39.21 	in writing, stating the grounds on which it is based, rendered within 25 days after giving of 
39.22 	such notice. Where the hearing is before a school board the teacher may be discharged 
39.23 	or demoted upon the affirmative vote of a majority of the members of the board. If the 
39.24 	charges, or any of such, are found to be true, the board conducting the hearing must 
39.25 	discharge, demote, or suspend the teacher, as seems to be for the best interest of the school. 
39.26 	A teacher must not be discharged for either of the causes specified in subdivision 6, clause 
39.27 	(3), except during the school year, and then only upon charges filed at least four months 
39.28 	before the close of the school sessions of such school year.

39.29 	EFFECTIVE DATE. This section is effective July 1, 2011, and applies to discharge 
39.30 	actions commenced on or after that date.

39.31 	Sec. 28. Minnesota Statutes 2010, section 122A.41, subdivision 14, is amended to read:
40.1 		Subd. 14.Services terminated by discontinuance or lack of pupils; preference 
40.2 	given. (a) A teacher whose services are terminated on account of discontinuance of 
40.3 	position or lack of pupils must receive first consideration for other positions in the district 
40.4 	for which that teacher is qualified. In the event it becomes necessary to discontinue 
40.5 	one or more positions, in making such discontinuance, teachers must receive first 
40.6 	consideration for other positions in the district for which that teacher is qualified and must 
40.7 	be discontinued in any department in the inverse order in which they were employed, 
40.8 	unless a board and the exclusive representative of teachers in the district negotiate a 
40.9 	plan providing otherwise.
40.10 	(b) The board may exempt from the effects of paragraph (a) those teachers who 
40.11 	teach in a Montessori or language immersion program or provide instruction in an 
40.12 	advanced placement course and who, in the superintendent's judgment, meet a unique 
40.13 	need in delivering curriculum. However, within the Montessori or language immersion 
40.14 	program, a teacher shall be discontinued based on the inverse order in which the teacher 
40.15 	was employed.
40.16 	(c) Notwithstanding the provisions of clause (a), a teacher is not entitled to exercise 
40.17 	any seniority when that exercise results in that teacher being retained by the district in 
40.18 	a field for which the teacher holds only a provisional license, as defined by the Board 
40.19 	of Teaching, unless that exercise of seniority results in the termination of services, on 
40.20 	account of discontinuance of position or lack of pupils, of another teacher who also 
40.21 	holds a provisional license in the same field. The provisions of this clause do not apply 
40.22 	to vocational education licenses.
40.23 	(c) (d) Notwithstanding the provisions of clause (a), a teacher must not be reinstated 
40.24 	to a position in a field in which the teacher holds only a provisional license, other than a 
40.25 	vocational education license, while another teacher who holds a nonprovisional license in 
40.26 	the same field is available for reinstatement.

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

40.28 	Sec. 29. Minnesota Statutes 2010, section 123B.88, is amended by adding a 
40.29 	subdivision to read:
40.30 		Subd. 1a.Full-service school zones. The board may establish a full-service 
40.31 	school zone by adopting a written resolution and may provide transportation for students 
40.32 	attending a school in that full-service school zone. A full-service school zone may be 
40.33 	established for a school that is located in an area with higher than average crime or other 
40.34 	social and economic challenges and that provides education, health or human services, or 
40.35 	other parental support in collaboration with a city, county, state, or nonprofit agency. The 
41.1 	pupil transportation must be intended to stabilize enrollment and reduce mobility at the 
41.2 	school located in a full-service school zone.

41.3 	EFFECTIVE DATE. This section is effective July 1, 2011.

41.4 	Sec. 30. Minnesota Statutes 2010, section 124D.091, subdivision 2, is amended to read:
41.5 		Subd. 2.Eligibility. A district that offers a concurrent enrollment course according 
41.6 	to an agreement under section 124D.09, subdivision 10, is eligible to receive aid for the 
41.7 	costs of providing postsecondary courses at the high school. Beginning in fiscal year 2011, 
41.8 	districts only are eligible for aid if the college or university concurrent enrollment courses 
41.9 	offered by the district are accredited by the National Alliance of Concurrent Enrollment 
41.10 	Partnership, in the process of being accredited, or are shown by clear evidence to be of 
41.11 	comparable standard to accredited courses, or are technical courses within a recognized 
41.12 	career and technical education program of study approved by the commissioner of 
41.13 	education and the chancellor of the Minnesota State Colleges and Universities.

41.14 	Sec. 31. Minnesota Statutes 2010, section 124D.36, is amended to read:
41.15 	124D.36 CITATION; MINNESOTA YOUTHWORKS SERVEMINNESOTA 
41.16 	INNOVATION ACT.
41.17 	Sections 124D.37 to 124D.45 shall be cited as the "Minnesota Youthworks
41.18 	ServeMinnesota Innovation Act." 

41.19 	Sec. 32. Minnesota Statutes 2010, section 124D.37, is amended to read:
41.20 	124D.37 PURPOSE OF MINNESOTA YOUTHWORKSSERVEMINNESOTA 
41.21 	INNOVATION ACT.
41.22 	The purposes of sections 124D.37 to 124D.45 are to:
41.23 	(1) renew the ethic of civic responsibility in Minnesota;
41.24 	(2) empower youth to improve their life opportunities through literacy, job 
41.25 	placement, and other essential skills;
41.26 	(3) empower government to meet its responsibility to prepare young people to be 
41.27 	contributing members of society;
41.28 	(4) help meet human, educational, environmental, and public safety needs, 
41.29 	particularly those needs relating to poverty;
41.30 	(5) prepare a citizenry that is academically competent, ready for work, and socially 
41.31 	responsible;
42.1 	(6) demonstrate the connection between youth and community service, community 
42.2 	service and education, and education and meaningful opportunities in the business 
42.3 	community;
42.4 	(7) demonstrate the connection between providing opportunities for at-risk youth 
42.5 	and reducing crime rates and the social costs of troubled youth;
42.6 	(8) create linkages for a comprehensive youth service and learning program in 
42.7 	Minnesota including school age programs, higher education programs, youth work 
42.8 	programs, and service corps programs; and
42.9 	(9) coordinate federal and state activities that advance the purposes in this section.

42.10 	Sec. 33. Minnesota Statutes 2010, section 124D.38, subdivision 3, is amended to read:
42.11 		Subd. 3.Federal law. "Federal law" means Public Law 101-610 111-13, as 
42.12 	amended, or any other federal law or program assisting youth community service, 
42.13 	work-based learning, or youth transition from school to work.

42.14 	Sec. 34. Minnesota Statutes 2010, section 124D.385, subdivision 3, is amended to read:
42.15 		Subd. 3.Duties. (a) The commission shall:
42.16 	(1) develop, with the assistance of the governor, the commissioner of education, and 
42.17 	affected state agencies, a comprehensive state plan to provide services under sections 
42.18 	124D.37 to 124D.45 and federal law;
42.19 	(2) actively pursue public and private funding sources for services, including 
42.20 	funding available under federal law;
42.21 	(3) administer the YouthworksServeMinnesota Innovation grant program under 
42.22 	sections 124D.39 to 124D.44, including soliciting and approving grant applications from 
42.23 	eligible organizations, and administering individual postservice benefits;
42.24 	(4) establish an evaluation plan for programs developed and services provided 
42.25 	under sections 124D.37 to 124D.45;
42.26 	(5) report to the governor, commissioner of education, and legislature; and
42.27 	(6) administer the federal AmeriCorps Program.
42.28 	(b) Nothing in sections 124D.37 to 124D.45 precludes an organization from 
42.29 	independently seeking public or private funding to accomplish purposes similar to those 
42.30 	described in paragraph (a).

42.31 	Sec. 35. Minnesota Statutes 2010, section 124D.39, is amended to read:
42.32 	124D.39 YOUTHWORKS SERVEMINNESOTA INNOVATION PROGRAM.
43.1 	The Youthworks ServeMinnesota Innovation program is established to provide 
43.2 	funding for the commission to leverage federal and private funding to fulfill the purposes 
43.3 	of section 124D.37. The Youthworks ServeMinnesota Innovation program must 
43.4 	supplement existing programs and services. The program must not displace existing 
43.5 	programs and services, existing funding of programs or services, or existing employment 
43.6 	and employment opportunities. No eligible organization may terminate, layoff, or reduce 
43.7 	the hours of work of an employee to place or hire a program participant. No eligible 
43.8 	organization may place or hire an individual for a project if an employee is on layoff from 
43.9 	the same or a substantially equivalent position. 

43.10 	Sec. 36. Minnesota Statutes 2010, section 124D.40, is amended to read:
43.11 	124D.40 YOUTHWORKS SERVEMINNESOTA INNOVATION GRANTS.
43.12 		Subdivision 1.Application. An eligible organization interested in receiving a 
43.13 	grant under sections 124D.39 to 124D.44 may prepare and submit an application to the 
43.14 	commission. As part of the grant application process, the commission must establish 
43.15 	and publish grant application guidelines that: (1) are consistent with this subdivision, 
43.16 	section 124D.37, and Public Law 111-13; (2) include criteria for reviewing an applicant's 
43.17 	cost-benefit analysis; and (3) require grantees to use research-based measures of program 
43.18 	outcomes to generate valid and reliable data that are available to the commission for 
43.19 	evaluation and public reporting purposes.
43.20 		Subd. 2.Grant authority. The commission must use any state appropriation and 
43.21 	any available federal funds, including any grant received under federal law, to award 
43.22 	grants to establish programs for Youthworks ServeMinnesota Innovation. At least one 
43.23 	grant each must be available for a metropolitan proposal, a rural proposal, and a statewide 
43.24 	proposal. If a portion of the suburban metropolitan area is not included in the metropolitan 
43.25 	grant proposal, the statewide grant proposal must incorporate at least one suburban 
43.26 	metropolitan area. In awarding grants, the commission may select at least one residential 
43.27 	proposal and one nonresidential proposal.

43.28 	Sec. 37. Minnesota Statutes 2010, section 124D.42, subdivision 6, is amended to read:
43.29 		Subd. 6.Program training. The commission must, within available resources:
43.30 	(1) orient each grantee organization in the nature, philosophy, and purpose of the 
43.31 	program; and
43.32 	(2) build an ethic of community service through general community service 
43.33 	training.; and
44.1 	(3) provide guidance on integrating performance-based measurement into program 
44.2 	models.

44.3 	Sec. 38. Minnesota Statutes 2010, section 124D.42, subdivision 8, is amended to read:
44.4 		Subd. 8.Minnesota reading corps program. (a) A Minnesota reading corps 
44.5 	program is established to provide Americorps ServeMinnesota Innovation members with a 
44.6 	data-based problem-solving model of literacy instruction to use in helping to train local 
44.7 	Head Start program providers, other prekindergarten program providers, and staff in 
44.8 	schools with students in kindergarten through grade 3 to evaluate and teach early literacy 
44.9 	skills to children age 3 to grade 3.
44.10 	(b) Literacy programs under this subdivision must comply with the provisions 
44.11 	governing literacy program goals and data use under section 119A.50, subdivision 3, 
44.12 	paragraph (b).

44.13 	Sec. 39. Minnesota Statutes 2010, section 124D.44, is amended to read:
44.14 	124D.44 MATCH REQUIREMENTS.
44.15 	Youthworks ServeMinnesota Innovation grant funds must be used for the living 
44.16 	allowance, cost of employer taxes under sections 3111 and 3301 of the Internal Revenue 
44.17 	Code of 1986, workers' compensation coverage, health benefits, training and evaluation
44.18 	for each program participant, and administrative expenses, which must not exceed 
44.19 	five seven percent of total program costs. Youthworks grant funds may also be used to 
44.20 	supplement applicant resources to fund postservice benefits for program participants.
44.21 	Applicant resources, from sources and in a form determined by the commission, must 
44.22 	be used to provide for all other program costs, including the portion of the applicant's 
44.23 	obligation for postservice benefits that is not covered by state or federal grant funds and 
44.24 	such costs as supplies, materials, transportation, and salaries and benefits of those staff 
44.25 	directly involved in the operation, internal monitoring, and evaluation of the program.

44.26 	Sec. 40. Minnesota Statutes 2010, section 124D.45, subdivision 2, is amended to read:
44.27 		Subd. 2.Interim report. The commission must report semiannually annually to the 
44.28 	legislature with interim recommendations to change the program.

44.29 	Sec. 41. Minnesota Statutes 2010, section 124D.52, subdivision 7, is amended to read:
44.30 		Subd. 7.Performance tracking system. (a) By July 1, 2000, each approved adult 
44.31 	basic education program must develop and implement a performance tracking system to 
44.32 	provide information necessary to comply with federal law and serve as one means of 
45.1 	assessing the effectiveness of adult basic education programs. For required reporting, 
45.2 	longitudinal studies, and program improvement, the tracking system must be designed to 
45.3 	collect data on the following core outcomes for learners who have completed participation
45.4 	participating in the adult basic education program:
45.5 	(1) demonstrated improvements in literacy skill levels in reading, writing, speaking 
45.6 	the English language, numeracy, problem solving, English language acquisition, and 
45.7 	other literacy skills;
45.8 	(2) placement in, retention in, or completion of postsecondary education, training, 
45.9 	unsubsidized employment, or career advancement; and
45.10 	(3) receipt of a secondary school diploma or its recognized equivalent; and
45.11 	(4) reduction in participation in the diversionary work program, Minnesota family 
45.12 	investment program, and food support education and training program.
45.13 	(b) A district, group of districts, state agency, or private nonprofit organization 
45.14 	providing an adult basic education program may meet this requirement by developing a 
45.15 	tracking system based on either or both of the following methodologies:
45.16 	(1) conducting a reliable follow-up survey; or
45.17 	(2) submitting student information, including Social Security numbers for data 
45.18 	matching.
45.19 	Data related to obtaining employment must be collected in the first quarter following 
45.20 	program completion or can be collected while the student is enrolled, if known. Data 
45.21 	related to employment retention must be collected in the third quarter following program 
45.22 	exit. Data related to any other specified outcome may be collected at any time during a 
45.23 	program year.
45.24 	(c) When a student in a program is requested to provide the student's Social Security 
45.25 	number, the student must be notified in a written form easily understandable to the student 
45.26 	that:
45.27 	(1) providing the Social Security number is optional and no adverse action may be 
45.28 	taken against the student if the student chooses not to provide the Social Security number;
45.29 	(2) the request is made under section 124D.52, subdivision 7; 
45.30 	(3) if the student provides the Social Security number, it will be used to assess the 
45.31 	effectiveness of the program by tracking the student's subsequent career; and
45.32 	(4) the Social Security number will be shared with the Department of Education; 
45.33 	Minnesota State Colleges and Universities; Office of Higher Education; Department of 
45.34 	Human Services; and the Department of Employment and Economic Development in 
45.35 	order to accomplish the purposes of this section described in paragraph (a) and will not be 
45.36 	used for any other purpose or reported to any other governmental entities.
46.1 	(d) Annually a district, group of districts, state agency, or private nonprofit 
46.2 	organization providing programs under this section must forward the tracking data 
46.3 	collected to the Department of Education. For the purposes of longitudinal studies on the 
46.4 	employment status of former students under this section, the Department of Education 
46.5 	must forward the Social Security numbers to the Department of Employment and 
46.6 	Economic Development to electronically match the Social Security numbers of former 
46.7 	students with wage detail reports filed under section 268.044. The results of data matches 
46.8 	must, for purposes of this section and consistent with the requirements of the United 
46.9 	States Code, title 29, section 2871, of the Workforce Investment Act of 1998, be compiled 
46.10 	in a longitudinal form by the Department of Employment and Economic Development 
46.11 	and released to the Department of Education in the form of summary data that does not 
46.12 	identify the individual students. The Department of Education may release this summary 
46.13 	data. State funding for adult basic education programs must not be based on the number or 
46.14 	percentage of students who decline to provide their Social Security numbers or on whether 
46.15 	the program is evaluated by means of a follow-up survey instead of data matching. 

46.16 	EFFECTIVE DATE. This section is effective the day following final enactment 
46.17 	and applies through the 2020-2021 school year.

46.18 	Sec. 42. Minnesota Statutes 2010, section 124D.871, is amended to read:
46.19 	124D.871 MAGNET SCHOOL AND PROGRAM GRANTS.
46.20 	(a) The commissioner of education, in consultation with the desegregation/integration 
46.21 	office under section 124D.892, shall award grants to school districts and chartered public 
46.22 	schools for planning and developing magnet schools and magnet programs. 
46.23 	(b) Grant recipients must use the grant money under paragraph (a) to establish 
46.24 	or operate a magnet school or a magnet program and provide all students with equal 
46.25 	educational opportunities. Grant recipients may expend grant money on:
46.26 	(1) teachers who provide instruction or services to students in a magnet school 
46.27 	or magnet program;
46.28 	(2) educational paraprofessionals who assist teachers in providing instruction or 
46.29 	services to students in a magnet school or magnet program;
46.30 	(3) clerical support needed to operate a magnet school or magnet program;
46.31 	(4) equipment, equipment maintenance contracts, materials, supplies, and other 
46.32 	property needed to operate a magnet school or magnet program;
46.33 	(5) minor remodeling needed to operate a magnet school or magnet program;
47.1 	(6) transportation for field trips that are part of a magnet school or magnet program 
47.2 	curriculum;
47.3 	(7) program planning and staff and curriculum development for a magnet school 
47.4 	or magnet program; and
47.5 	(8) disseminating information on magnet schools and magnet programs; and.
47.6 	(9) indirect costs calculated according to the state's statutory formula governing 
47.7 	indirect costs.

47.8 	Sec. 43. Minnesota Statutes 2010, section 171.05, subdivision 2, is amended to read:
47.9 		Subd. 2.Person less than 18 years of age. (a) Notwithstanding any provision 
47.10 	in subdivision 1 to the contrary, the department may issue an instruction permit to an 
47.11 	applicant who is 15, 16, or 17 years of age and who:
47.12 	(1) has completed a course of driver education in another state, has a previously 
47.13 	issued valid license from another state, or is enrolled in either:
47.14 	(i) a public, private, or commercial driver education program that is approved by 
47.15 	the commissioner of public safety and that includes classroom and behind-the-wheel 
47.16 	training; or
47.17 	(ii) an approved behind-the-wheel driver education program when the student is 
47.18 	receiving full-time instruction in a home school within the meaning of sections 120A.22 
47.19 	and 120A.24, the student is working toward a homeschool diploma, the student's status 
47.20 	as a homeschool student has been certified by the superintendent of the school district in 
47.21 	which the student resides, and the student is taking home-classroom driver training with 
47.22 	classroom materials approved by the commissioner of public safety, and the student's 
47.23 	parent has certified the student's homeschool and home-classroom driver training status on 
47.24 	the form approved by the commissioner;
47.25 	(2) has completed the classroom phase of instruction in the driver education program;
47.26 	(3) has passed a test of the applicant's eyesight;
47.27 	(4) has passed a department-administered test of the applicant's knowledge of traffic 
47.28 	laws;
47.29 	(5) has completed the required application, which must be approved by (i) either 
47.30 	parent when both reside in the same household as the minor applicant or, if otherwise, 
47.31 	then (ii) the parent or spouse of the parent having custody or, in the event there is no 
47.32 	court order for custody, then (iii) the parent or spouse of the parent with whom the minor 
47.33 	is living or, if items (i) to (iii) do not apply, then (iv) the guardian having custody of the 
47.34 	minor, (v) the foster parent or the director of the transitional living program in which the 
47.35 	child resides or, in the event a person under the age of 18 has no living father, mother, 
48.1 	or guardian, or is married or otherwise legally emancipated, then (vi) the applicant's 
48.2 	adult spouse, adult close family member, or adult employer; provided, that the approval 
48.3 	required by this clause contains a verification of the age of the applicant and the identity of 
48.4 	the parent, guardian, adult spouse, adult close family member, or adult employer; and
48.5 	(6) has paid the fee required in section 171.06, subdivision 2.
48.6 	(b) For the purposes of determining compliance with the certification in paragraph 
48.7 	(a), clause (1), item (ii), the commissioner may request verification of a student's 
48.8 	homeschool status from the superintendent of the school district in which the student 
48.9 	resides, and the superintendent shall provide that verification.
48.10 	(c) The instruction permit is valid for two years from the date of application and 
48.11 	may be renewed upon payment of a fee equal to the fee for issuance of an instruction 
48.12 	permit under section 171.06, subdivision 2.

48.13 	Sec. 44. Minnesota Statutes 2010, section 171.17, subdivision 1, is amended to read:
48.14 		Subdivision 1.Offenses. (a) The department shall immediately revoke the license 
48.15 	of a driver upon receiving a record of the driver's conviction of:
48.16 	(1) manslaughter resulting from the operation of a motor vehicle or criminal 
48.17 	vehicular homicide or injury under section 609.21;
48.18 	(2) a violation of section 169A.20 or 609.487;
48.19 	(3) a felony in the commission of which a motor vehicle was used;
48.20 	(4) failure to stop and disclose identity and render aid, as required under section 
48.21 	169.09, in the event of a motor vehicle accident, resulting in the death or personal injury 
48.22 	of another;
48.23 	(5) perjury or the making of a false affidavit or statement to the department under 
48.24 	any law relating to the application, ownership, or operation of a motor vehicle, including 
48.25 	on the certification required under section 171.05, subdivision 2, paragraph (a), clause (1), 
48.26 	item (ii), to issue an instruction permit to a homeschool student;
48.27 	(6) except as this section otherwise provides, three charges of violating within a 
48.28 	period of 12 months any of the provisions of chapter 169 or of the rules or municipal 
48.29 	ordinances enacted in conformance with chapter 169, for which the accused may be 
48.30 	punished upon conviction by imprisonment;
48.31 	(7) two or more violations, within five years, of the misdemeanor offense described 
48.32 	in section 169.444, subdivision 2, paragraph (a);
48.33 	(8) the gross misdemeanor offense described in section 169.444, subdivision 2, 
48.34 	paragraph (b);
49.1 	(9) an offense in another state that, if committed in this state, would be grounds for 
49.2 	revoking the driver's license; or
49.3 	(10) a violation of an applicable speed limit by a person driving in excess of 100 
49.4 	miles per hour. The person's license must be revoked for six months for a violation of 
49.5 	this clause, or for a longer minimum period of time applicable under section 169A.53, 
49.6 	169A.54, or 171.174.
49.7 	(b) The department shall immediately revoke the school bus endorsement of a driver 
49.8 	upon receiving a record of the driver's conviction of the misdemeanor offense described in 
49.9 	section 169.443, subdivision 7.

49.10 	Sec. 45. Minnesota Statutes 2010, section 171.22, subdivision 1, is amended to read:
49.11 		Subdivision 1.Violations. With regard to any driver's license, including a 
49.12 	commercial driver's license, it shall be unlawful for any person:
49.13 	(1) to display, cause or permit to be displayed, or have in possession, any fictitious 
49.14 	or fraudulently altered driver's license or Minnesota identification card;
49.15 	(2) to lend the person's driver's license or Minnesota identification card to any other 
49.16 	person or knowingly permit the use thereof by another;
49.17 	(3) to display or represent as one's own any driver's license or Minnesota 
49.18 	identification card not issued to that person;
49.19 	(4) to use a fictitious name or date of birth to any police officer or in any application 
49.20 	for a driver's license or Minnesota identification card, or to knowingly make a false 
49.21 	statement, or to knowingly conceal a material fact, or otherwise commit a fraud in any 
49.22 	such application;
49.23 	(5) to alter any driver's license or Minnesota identification card;
49.24 	(6) to take any part of the driver's license examination for another or to permit 
49.25 	another to take the examination for that person;
49.26 	(7) to make a counterfeit driver's license or Minnesota identification card;
49.27 	(8) to use the name and date of birth of another person to any police officer for the 
49.28 	purpose of falsely identifying oneself to the police officer; or
49.29 	(9) to display as a valid driver's license any canceled, revoked, or suspended driver's 
49.30 	license. A person whose driving privileges have been withdrawn may display a driver's 
49.31 	license only for identification purposes; or
49.32 	(10) to submit a false affidavit or statement to the department on the certification 
49.33 	required under section 171.05, subdivision 2, paragraph (a), clause (1), item (ii), to issue 
49.34 	an instruction permit to a homeschool student.

50.1 	Sec. 46. Minnesota Statutes 2010, section 181A.05, subdivision 1, is amended to read:
50.2 		Subdivision 1.When issued. Any minor 14 or 15 years of age who wishes to work 
50.3 	on school days during school hours shall first secure an employment certificate. The 
50.4 	certificate shall be issued only by the school district superintendent, the superintendent's 
50.5 	agent, or some other person designated by the Board of Education, or by the person 
50.6 	in charge of providing instruction for students enrolled in nonpublic schools under 
50.7 	section 120A.22, subdivision 4. The employment certificate shall be issued only for 
50.8 	a specific position with a designated employer and shall be issued only in the following 
50.9 	circumstances:
50.10 	(1) if a minor is to be employed in an occupation not prohibited by rules promulgated 
50.11 	under section 181A.09 and as evidence thereof presents a signed statement from the 
50.12 	prospective employer; and 
50.13 	(2) if the parent or guardian of the minor consents to the employment; and
50.14 	(3) if the issuing officer believes the minor is physically capable of handling the job 
50.15 	in question and further believes the best interests of the minor will be served by permitting 
50.16 	the minor to work.

50.17 	Sec. 47. Laws 2011, chapter 5, section 1, the effective date, is amended to read:

50.18 	EFFECTIVE DATE. This section is effective the day following final enactment 
50.19 	and applies to individuals who complete a teacher preparation program by the end of
50.20 	beginning no later than the 2013-2014 school year or later. The Board of Teaching shall 
50.21 	submit to the kindergarten through grade 12 education finance and reform committees 
50.22 	of the legislature by April 1, 2012, a progress report on its implementation of teacher 
50.23 	performance assessment under paragraph (d).

50.24 	Sec. 48. RECOMMENDATIONS ON COUNSELOR-TO-STUDENT RATIOS.
 50.25 	The commissioner must submit to the legislature by January 1, 2012, 
50.26 	recommendations for providing all public school students with access to licensed 
50.27 	counselors so that the counselor-to-student ratio in Minnesota public schools 
50.28 	approximately equals the average counselor-to-student ratio in public schools throughout 
50.29 	the United States, as determined by the American School Counselors Association. The 
50.30 	commissioner also must recommend appropriate professional-to-student ratios for licensed 
50.31 	school nurses, licensed school social workers, licensed school psychologists, and licensed 
50.32 	alcohol and chemical dependency counselors as determined by the national association 
50.33 	representing that particular group of professionals.

51.1 	Sec. 49. TIERED LICENSURE ADVISORY TASK FORCE.
 51.2 	(a) The Board of Teaching and the commissioner of education must jointly convene 
51.3 	and facilitate an advisory task force to develop recommendations for a statewide tiered 
51.4 	teacher licensure system, consistent with Minnesota Statutes, section 122A.09, subdivision 
51.5 	4, paragraph (g), that is premised on:
51.6 	(1) appropriate research-based professional competencies that include content skills, 
51.7 	adaptive expertise, college-readiness preparation, multicultural skills, use of student 
51.8 	performance data, and skills for fostering citizenship, among other competencies that 
51.9 	improve all students' learning outcomes;
51.10 	(2) ongoing teacher professional growth to enable teachers to develop multiple 
51.11 	professional competencies;
51.12 	(3) an assessment system for evaluating teachers' performance that is aligned with 
51.13 	student expectations and value-added measures of student outcomes and includes an 
51.14 	emphasis on developing students' reading and literacy skills, among other measures and 
51.15 	outcomes, and recognizes and rewards successful teachers;
51.16 	(4) an expectation that teachers progress through various stages of teaching 
51.17 	practice throughout their teaching careers and receive opportunities for leadership roles 
51.18 	commensurate with their practice and competency; and
51.19 	(5) a periodic evaluation of the licensing structure to determine its effectiveness in 
51.20 	meeting students' learning needs.
51.21 	When developing its recommendations, the task force is encouraged to consider, among 
51.22 	other resources, the draft "Model Core Teaching Standards" developed by the Interstate 
51.23 	Teacher Assessment and Support Consortium.
51.24 	(b) Each of the following entities shall appoint a member to the advisory task force: 
51.25 	Education Minnesota, the Minnesota Association of School Administrators, the Minnesota 
51.26 	Association for Colleges of Teacher Education, the Minnesota Association of School 
51.27 	Personnel Administrators, the Minnesota Elementary School Principals Association, the 
51.28 	Minnesota Secondary School Principals Association, the Parents United Network, the 
51.29 	Minnesota Business Partnership, the Minnesota Chamber of Commerce, the Minnesota 
51.30 	School Boards Association, and the Minnesota Association of Career and Technical 
51.31 	Educators. The executive director of the Board of Teaching or the commissioner may 
51.32 	appoint additional advisory task force members. Task force members may seek advice 
51.33 	from the Educator Development and Resource Center at the University of Minnesota on 
51.34 	developing a research-based framework for a differentiated licensure system in Minnesota.
51.35 	(c) Upon request, the commissioner must provide the task force with technical, 
51.36 	fiscal, and other support services.
52.1 	(d) Task force members' terms and other task force matters are subject to Minnesota 
52.2 	Statutes, section 15.059. The commissioner may reimburse task force members from the 
52.3 	Department of Education's current operating budget but may not compensate task force 
52.4 	members for task force activities.
52.5 	(e) The executive director of the Board of Teaching and the commissioner must 
52.6 	submit by February 15, 2012, a joint report to the education policy and finance committees 
52.7 	of the legislature recommending a differentiated statewide teacher licensing structure.
52.8 	(f) The advisory task force expires on February 16, 2012.

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

52.10 	Sec. 50. 90-DAY GOOD FAITH EFFORT EXCEPTION.
 52.11 	Notwithstanding Minnesota Statutes, section 128C.07, subdivision 3, or other law 
52.12 	to the contrary, the Minnesota State High School League must work with Albany Senior 
52.13 	High in Independent School District No. 745, Albany, Melrose Secondary School in 
52.14 	Independent School District No. 740, Melrose, and New London-Spicer Senior High in 
52.15 	Independent School District No. 345, New London-Spicer, to help each school arrange an 
52.16 	interscholastic conference membership after a 90-day good faith attempt by the school to 
52.17 	join a conference.

52.18 	EFFECTIVE DATE. This section is effective the day following final enactment 
52.19 	and applies through December 31, 2011.

52.20 	Sec. 51.  REPEALER.
 52.21 	Minnesota Statutes 2010, sections 120A.26, subdivisions 1 and 2; and 124D.38, 
52.22 	subdivisions 4, 5, and 6, are repealed.

52.23 	ARTICLE 3
52.24 	SPECIAL PROGRAMS

52.25 	Section 1. Minnesota Statutes 2010, section 125A.02, subdivision 1, is amended to 
52.26 	read:
52.27 		Subdivision 1.Child with a disability. "Child with a disability" means a child 
52.28 	identified under federal and state special education law as having a hearing impairment, 
52.29 	blindness, visual disability, deaf or hard-of-hearing, blind or visually impaired, deafblind, 
52.30 	or having a speech or language impairment, a physical disability impairment, other health 
52.31 	impairment disability, mental developmental cognitive disability, emotional/behavioral an 
52.32 	emotional or behavioral disorder, specific learning disability, autism spectrum disorder, 
53.1 	traumatic brain injury, or severe multiple disabilities impairments, or deafblind disability
53.2 	and who needs special education and related services, as determined by the rules of the 
53.3 	commissioner, is a child with a disability. A licensed physician, an advanced practice 
53.4 	nurse, or a licensed psychologist is qualified to make a diagnosis and determination 
53.5 	of attention deficit disorder or attention deficit hyperactivity disorder for purposes of 
53.6 	identifying a child with a disability.

53.7 	EFFECTIVE DATE. This section is effective July 1, 2011.

53.8 	Sec. 2. Minnesota Statutes 2010, section 125A.15, is amended to read:
53.9 	125A.15 PLACEMENT IN ANOTHER DISTRICT; RESPONSIBILITY.
53.10 	The responsibility for special instruction and services for a child with a disability 
53.11 	temporarily placed in another district for care and treatment shall be determined in the 
53.12 	following manner:
53.13 	(a) The district of residence of a child shall be the district in which the child's parent 
53.14 	resides, if living, or the child's guardian, or the district designated by the commissioner if 
53.15 	neither parent nor guardian is living within the state. If there is a dispute between school 
53.16 	districts regarding residency, the commissioner shall designate the district of residence.
53.17 	(b) If a district other than the resident district places a pupil for care and treatment, 
53.18 	the district placing the pupil must notify and give the resident district an opportunity to 
53.19 	participate in the placement decision. When an immediate emergency placement of a 
53.20 	pupil is necessary and time constraints foreclose a resident district from participating in 
53.21 	the emergency placement decision, the district in which the pupil is temporarily placed 
53.22 	must notify the resident district of the emergency placement within 15 days. The resident 
53.23 	district has up to five business days after receiving notice of the emergency placement 
53.24 	to request an opportunity to participate in the placement decision, which the placing 
53.25 	district must then provide.
53.26 	(c) When a child is temporarily placed for care and treatment in a day program 
53.27 	located in another district and the child continues to live within the district of residence 
53.28 	during the care and treatment, the district of residence is responsible for providing 
53.29 	transportation to and from the care and treatment program and an appropriate educational 
53.30 	program for the child. The resident district may establish reasonable restrictions on 
53.31 	transportation, except if a Minnesota court or agency orders the child placed at a day care 
53.32 	and treatment program and the resident district receives a copy of the order, then the 
53.33 	resident district must provide transportation to and from the program unless the court or 
53.34 	agency orders otherwise. Transportation shall only be provided by the resident district 
54.1 	during regular operating hours of the resident district. The resident district may provide the 
54.2 	educational program at a school within the district of residence, at the child's residence, or 
54.3 	in the district in which the day treatment center is located by paying tuition to that district.
54.4 	(d) When a child is temporarily placed in a residential program for care and 
54.5 	treatment, the nonresident district in which the child is placed is responsible for providing 
54.6 	an appropriate educational program for the child and necessary transportation while the 
54.7 	child is attending the educational program; and must bill the district of the child's residence 
54.8 	for the actual cost of providing the program, as outlined in section 125A.11, except as 
54.9 	provided in paragraph (e). However, the board, lodging, and treatment costs incurred in 
54.10 	behalf of a child with a disability placed outside of the school district of residence by the 
54.11 	commissioner of human services or the commissioner of corrections or their agents, for 
54.12 	reasons other than providing for the child's special educational needs must not become the 
54.13 	responsibility of either the district providing the instruction or the district of the child's 
54.14 	residence. For the purposes of this section, the state correctional facilities operated on a 
54.15 	fee-for-service basis are considered to be residential programs for care and treatment.
54.16 	(e) A privately owned and operated residential facility may enter into a contract 
54.17 	to obtain appropriate educational programs for special education children and services 
54.18 	with a joint powers entity. The entity with which the private facility contracts for special 
54.19 	education services shall be the district responsible for providing students placed in that 
54.20 	facility an appropriate educational program in place of the district in which the facility is 
54.21 	located. If a privately owned and operated residential facility does not enter into a contract 
54.22 	under this paragraph, then paragraph (d) applies.
54.23 	(f) The district of residence shall pay tuition and other program costs, not including 
54.24 	transportation costs, to the district providing the instruction and services. The district of 
54.25 	residence may claim general education aid for the child as provided by law. Transportation 
54.26 	costs must be paid by the district responsible for providing the transportation and the state 
54.27 	must pay transportation aid to that district.

54.28 	Sec. 3. Minnesota Statutes 2010, section 125A.51, is amended to read:
54.29 	125A.51 PLACEMENT OF CHILDREN WITHOUT DISABILITIES; 
54.30 	EDUCATION AND TRANSPORTATION.
54.31 	The responsibility for providing instruction and transportation for a pupil without a 
54.32 	disability who has a short-term or temporary physical or emotional illness or disability, as 
54.33 	determined by the standards of the commissioner, and who is temporarily placed for care 
54.34 	and treatment for that illness or disability, must be determined as provided in this section.
55.1 	(a) The school district of residence of the pupil is the district in which the pupil's 
55.2 	parent or guardian resides. If there is a dispute between school districts regarding 
55.3 	residency, the commissioner shall designate the district of residence.
55.4 	(b) When parental rights have been terminated by court order, the legal residence 
55.5 	of a child placed in a residential or foster facility for care and treatment is the district in 
55.6 	which the child resides.
55.7 	(c) Before the placement of a pupil for care and treatment, the district of residence 
55.8 	must be notified and provided an opportunity to participate in the placement decision. 
55.9 	When an immediate emergency placement is necessary and time does not permit 
55.10 	resident district participation in the placement decision, the district in which the pupil is 
55.11 	temporarily placed, if different from the district of residence, must notify the district 
55.12 	of residence of the emergency placement within 15 days of the placement. When a 
55.13 	nonresident district makes an emergency placement without first consulting with the 
55.14 	resident district, the resident district has up to five business days after receiving notice 
55.15 	of the emergency placement to request an opportunity to participate in the placement 
55.16 	decision, which the placing district must then provide.
55.17 	(d) When a pupil without a disability is temporarily placed for care and treatment 
55.18 	in a day program and the pupil continues to live within the district of residence during 
55.19 	the care and treatment, the district of residence must provide instruction and necessary 
55.20 	transportation to and from the care and treatment program for the pupil. The resident 
55.21 	district may establish reasonable restrictions on transportation, except if a Minnesota court 
55.22 	or agency orders the child placed at a day care and treatment program and the resident 
55.23 	district receives a copy of the order, then the resident district must provide transportation 
55.24 	to and from the program unless the court or agency orders otherwise. Transportation shall 
55.25 	only be provided by the resident district during regular operating hours of the resident 
55.26 	district. The resident district may provide the instruction at a school within the district of 
55.27 	residence, at the pupil's residence, or in the case of a placement outside of the resident 
55.28 	district, in the district in which the day treatment program is located by paying tuition to 
55.29 	that district. The district of placement may contract with a facility to provide instruction 
55.30 	by teachers licensed by the state Board of Teaching.
55.31 	(e) When a pupil without a disability is temporarily placed in a residential program 
55.32 	for care and treatment, the district in which the pupil is placed must provide instruction 
55.33 	for the pupil and necessary transportation while the pupil is receiving instruction, and in 
55.34 	the case of a placement outside of the district of residence, the nonresident district must 
55.35 	bill the district of residence for the actual cost of providing the instruction for the regular 
55.36 	school year and for summer school, excluding transportation costs.
56.1 	(f) Notwithstanding paragraph (e), if the pupil is homeless and placed in a public or 
56.2 	private homeless shelter, then the district that enrolls the pupil under section 127A.47, 
56.3 	subdivision 2, shall provide the transportation, unless the district that enrolls the pupil 
56.4 	and the district in which the pupil is temporarily placed agree that the district in which 
56.5 	the pupil is temporarily placed shall provide transportation. When a pupil without a 
56.6 	disability is temporarily placed in a residential program outside the district of residence, 
56.7 	the administrator of the court placing the pupil must send timely written notice of the 
56.8 	placement to the district of residence. The district of placement may contract with a 
56.9 	residential facility to provide instruction by teachers licensed by the state Board of 
56.10 	Teaching. For purposes of this section, the state correctional facilities operated on a 
56.11 	fee-for-service basis are considered to be residential programs for care and treatment.
56.12 	(g) The district of residence must include the pupil in its residence count of pupil 
56.13 	units and pay tuition as provided in section 123A.488 to the district providing the 
56.14 	instruction. Transportation costs must be paid by the district providing the transportation 
56.15 	and the state must pay transportation aid to that district. For purposes of computing state 
56.16 	transportation aid, pupils governed by this subdivision must be included in the disabled 
56.17 	transportation category if the pupils cannot be transported on a regular school bus route 
56.18 	without special accommodations.

56.19 	Sec. 4.  REPEALER.
 56.20 	Minnesota Statutes 2010, section 125A.54, is repealed.

56.21 	ARTICLE 4
56.22 	FACILITIES AND TECHNOLOGY

56.23 	Section 1. Minnesota Statutes 2010, section 123B.57, is amended to read:
56.24 	123B.57 CAPITAL EXPENDITURE; HEALTH AND SAFETY.
56.25 		Subdivision 1.Health and safety program revenue application. (a) To receive 
56.26 	health and safety revenue for any fiscal year a district must submit to the commissioner 
56.27 	an a capital expenditure health and safety revenue application for aid and levy by the 
56.28 	date determined by the commissioner. The application may be for hazardous substance 
56.29 	removal, fire and life safety code repairs, labor and industry regulated facility and 
56.30 	equipment violations, and health, safety, and environmental management, including 
56.31 	indoor air quality management. The application must include a health and safety program
56.32 	budget adopted and confirmed by the school district board as being consistent with the 
56.33 	district's health and safety policy under subdivision 2. The program budget must include 
57.1 	the estimated cost, per building, of the program per Uniform Financial Accounting and 
57.2 	Reporting Standards (UFARS) finance code, by fiscal year. Upon approval through the 
57.3 	adoption of a resolution by each of an intermediate district's member school district 
57.4 	boards and the approval of the Department of Education, a school district may include 
57.5 	its proportionate share of the costs of health and safety projects for an intermediate 
57.6 	district in its application.
57.7 	(b) Health and safety projects with an estimated cost of $500,000 or more per 
57.8 	site are not eligible for health and safety revenue. Health and safety projects with an 
57.9 	estimated cost of $500,000 or more per site that meet all other requirements for health and 
57.10 	safety funding, are eligible for alternative facilities bonding and levy revenue according 
57.11 	to section 123B.59. A school board shall not separate portions of a single project into 
57.12 	components to qualify for health and safety revenue, and shall not combine unrelated 
57.13 	projects into a single project to qualify for alternative facilities bonding and levy revenue.
57.14 	(c) The commissioner of education shall not make eligibility for health and safety 
57.15 	revenue contingent on a district's compliance status, level of program development, or 
57.16 	training. The commissioner shall not mandate additional performance criteria such as 
57.17 	training, certifications, or compliance evaluations as a prerequisite for levy approval.
57.18 		Subd. 2.Contents of program Health and safety policy. To qualify for health 
57.19 	and safety revenue, a district school board must adopt a health and safety program policy. 
57.20 	The program policy must include plans, where applicable, for hazardous substance 
57.21 	removal, fire and life safety code repairs, regulated facility and equipment violations, 
57.22 	and provisions for implementing a health and safety program that complies with health, 
57.23 	safety, and environmental management, regulations and best practices including indoor 
57.24 	air quality management.
57.25 	(a) A hazardous substance plan must contain provisions for the removal or 
57.26 	encapsulation of asbestos from school buildings or property, asbestos-related repairs, 
57.27 	cleanup and disposal of polychlorinated biphenyls found in school buildings or property, 
57.28 	and cleanup, removal, disposal, and repairs related to storing heating fuel or transportation 
57.29 	fuels such as alcohol, gasoline, fuel, oil, and special fuel, as defined in section 296A.01. 
57.30 	If a district has already developed a plan for the removal or encapsulation of asbestos as 
57.31 	required by the federal Asbestos Hazard Emergency Response Act of 1986, the district 
57.32 	may use a summary of that plan, which includes a description and schedule of response 
57.33 	actions, for purposes of this section. The plan must also contain provisions to make 
57.34 	modifications to existing facilities and equipment necessary to limit personal exposure 
57.35 	to hazardous substances, as regulated by the federal Occupational Safety and Health 
57.36 	Administration under Code of Federal Regulations, title 29, part 1910, subpart Z; or is 
58.1 	determined by the commissioner to present a significant risk to district staff or student 
58.2 	health and safety as a result of foreseeable use, handling, accidental spill, exposure, or 
58.3 	contamination.
58.4 	(b) A fire and life safety plan must contain a description of the current fire and life 
58.5 	safety code violations, a plan for the removal or repair of the fire and life safety hazard, 
58.6 	and a description of safety preparation and awareness procedures to be followed until the 
58.7 	hazard is fully corrected.
58.8 	(c) A facilities and equipment violation plan must contain provisions to correct 
58.9 	health and safety hazards as provided in Department of Labor and Industry standards 
58.10 	pursuant to section 182.655.
58.11 	(d) A health, safety, and environmental management plan must contain a description 
58.12 	of training, record keeping, hazard assessment, and program management as defined 
58.13 	in section 123B.56.
58.14 	(e) A plan to test for and mitigate radon produced hazards.
58.15 	(f) A plan to monitor and improve indoor air quality.
58.16 		Subd. 3.Health and safety revenue. A district's health and safety revenue 
58.17 	for a fiscal year equals the district's alternative facilities levy under section 123B.59, 
58.18 	subdivision 5, paragraph (b), plus the greater of zero or:
58.19 	(1) the sum of (a) the total approved cost of the district's hazardous substance 
58.20 	plan for fiscal years 1985 through 1989, plus (b) the total approved cost of the district's 
58.21 	health and safety program for fiscal year 1990 through the fiscal year to which the levy 
58.22 	is attributable, excluding expenditures funded with bonds issued under section 123B.59 
58.23 	or 123B.62, or chapter 475; certificates of indebtedness or capital notes under section 
58.24 	123B.61; levies under section 123B.58, 123B.59, 123B.63, or 126C.40, subdivision 1 or 
58.25 	6; and other federal, state, or local revenues, minus
58.26 	(2) the sum of (a) the district's total hazardous substance aid and levy for fiscal years 
58.27 	1985 through 1989 under sections 124.245 and 275.125, subdivision 11c, plus (b) the 
58.28 	district's health and safety revenue under this subdivision, for years before the fiscal year 
58.29 	to which the levy is attributable.
58.30 		Subd. 4.Health and safety levy. To receive health and safety revenue, a district 
58.31 	may levy an amount equal to the district's health and safety revenue as defined in 
58.32 	subdivision 3 multiplied by the lesser of one, or the ratio of the quotient derived by 
58.33 	dividing the adjusted net tax capacity of the district for the year preceding the year the 
58.34 	levy is certified by the adjusted marginal cost pupil units in the district for the school year 
58.35 	to which the levy is attributable, to $2,935.
59.1 		Subd. 5.Health and safety aid. A district's health and safety aid is the difference 
59.2 	between its health and safety revenue and its health and safety levy. If a district does not 
59.3 	levy the entire amount permitted, health and safety aid must be reduced in proportion to 
59.4 	the actual amount levied. Health and safety aid may not be reduced as a result of reducing 
59.5 	a district's health and safety levy according to section 123B.79.
59.6 		Subd. 6.Uses of health and safety revenue. (a) Health and safety revenue may be 
59.7 	used only for approved expenditures necessary to correct for the correction of fire and life 
59.8 	safety hazards, or for the; design, purchase, installation, maintenance, and inspection of 
59.9 	fire protection and alarm equipment; purchase or construction of appropriate facilities for 
59.10 	the storage of combustible and flammable materials; inventories and facility modifications 
59.11 	not related to a remodeling project to comply with lab safety requirements under section 
59.12 	121A.31; inspection, testing, repair, removal or encapsulation, and disposal of asbestos 
59.13 	from school buildings or property owned or being acquired by the district, asbestos-related 
59.14 	repairs, asbestos-containing building materials; cleanup and disposal of polychlorinated 
59.15 	biphenyls found in school buildings or property owned or being acquired by the district, 
59.16 	or the; cleanup and disposal of hazardous and infectious wastes; cleanup, removal, 
59.17 	disposal, and repairs related to storing heating fuel or transportation fuels such as alcohol, 
59.18 	gasoline, fuel oil, and special fuel, as defined in section 296A.01, Minnesota; correction of
59.19 	occupational safety and health administration regulated facility and equipment hazards,;
59.20 	indoor air quality inspections, investigations, and testing; mold abatement,; upgrades or 
59.21 	replacement of mechanical ventilation systems to meet American Society of Heating, 
59.22 	Refrigerating and Air Conditioning Engineers standards and State Mechanical Code,; 
59.23 	design, materials, and installation of local exhaust ventilation systems, including required 
59.24 	make-up air for controlling regulated hazardous substances; correction of Department of 
59.25 	Health Food Code and violations; correction of swimming pool hazards excluding depth 
59.26 	correction,; playground safety inspections, the correction of unsafe outdoor playground 
59.27 	equipment, and the installation of impact surfacing materials; bleacher repair or rebuilding 
59.28 	to comply with the order of a building code inspector under section 326B.112; testing and 
59.29 	mitigation of elevated radon hazards; lead testing; copper in water testing; cleanup after 
59.30 	major weather-related disasters or flooding; reduction of excessive organic and inorganic 
59.31 	levels in wells and capping of abandoned wells; installation and testing of boiler backflow 
59.32 	valves to prevent contamination of potable water; vaccinations, titers, and preventative 
59.33 	supplies for bloodborne pathogen compliance; costs to comply with the Janet B. Johnson 
59.34 	Parents' Right to Know Act; automated external defibrillators and other emergency plan 
59.35 	equipment and supplies specific to the district's emergency action plan; and health, safety, 
59.36 	and environmental management costs associated with implementing the district's health 
60.1 	and safety program including costs to establish and operate safety committees, in school 
60.2 	buildings or property owned or being acquired by the district. Testing and calibration 
60.3 	activities are permitted for existing mechanical ventilation systems at intervals no less than 
60.4 	every five years. Health and safety revenue must not be used to finance a lease purchase 
60.5 	agreement, installment purchase agreement, or other deferred payments agreement. Health 
60.6 	and safety revenue must not be used for the construction of new facilities or the purchase 
60.7 	of portable classrooms, for interest or other financing expenses, or for energy efficiency 
60.8 	projects under section 123B.65. The revenue may not be used for a building or property or 
60.9 	part of a building or property used for postsecondary instruction or administration or for a 
60.10 	purpose unrelated to elementary and secondary education.
60.11 		Subd. 6a.Restrictions on health and safety revenue. (b) Notwithstanding 
60.12 	paragraph (a) subdivision 6, health and safety revenue must not be used:
60.13 	(1) to finance a lease purchase agreement, installment purchase agreement, or other 
60.14 	deferred payments agreement;
60.15 	(2) for the construction of new facilities, remodeling of existing facilities, or the 
60.16 	purchase of portable classrooms;
60.17 	(3) for interest or other financing expenses;
60.18 	(4) for energy-efficiency projects under section 123B.65, for a building or property 
60.19 	or part of a building or property used for postsecondary instruction or administration or for 
60.20 	a purpose unrelated to elementary and secondary education;
60.21 	(5) for replacement of building materials or facilities including roof, walls, windows, 
60.22 	internal fixtures and flooring, nonhealth and safety costs associated with demolition of 
60.23 	facilities, structural repair or replacement of facilities due to unsafe conditions, violence 
60.24 	prevention and facility security, ergonomics, or public announcement systems and 
60.25 	emergency communication devices; or
60.26 	(6) for building and heating, ventilating and air conditioning supplies, maintenance, 
60.27 	and cleaning activities. All assessments, investigations, inventories, and support 
60.28 	equipment not leading to the engineering or construction of a project shall be included in 
60.29 	the health, safety, and environmental management costs in subdivision 8, paragraph (a).
60.30 		Subd. 6b.Health and safety projects. (a) Health and safety revenue applications 
60.31 	defined in subdivision 1 must be accompanied by a description of each project for which 
60.32 	funding is being requested. Project descriptions must provide enough detail for an auditor 
60.33 	to determine if the work qualifies for revenue. For projects other than fire and life 
60.34 	safety projects, playground projects, and health, safety, and environmental management 
60.35 	activities, a project description does not need to include itemized details such as material 
60.36 	types, room locations, square feet, names, or license numbers. The commissioner 
61.1 	may request supporting information and shall approve only projects that comply with 
61.2 	subdivisions 6 and 8, as defined by the Department of Education.
61.3 	(b) Districts may request funding for allowable projects based on self-assessments, 
61.4 	safety committee recommendations, insurance inspections, management assistance 
61.5 	reports, fire marshal orders, or other mandates. Notwithstanding subdivision 1, paragraph 
61.6 	(b), and subdivision 8, paragraph (b), for projects under $500,000, individual project 
61.7 	size for projects authorized by this subdivision is not limited and may include related 
61.8 	work in multiple facilities. Health and safety management costs from subdivision 8 may 
61.9 	be reported as a single project.
61.10 	(c) All costs directly related to a project shall be reported in the appropriate Uniform 
61.11 	Financial Accounting and Reporting Standards (UFARS) finance code.
61.12 	(d) For fire and life safety egress and all other projects exceeding $20,000, cited 
61.13 	under Minnesota Fire Code, a fire marshal plan review is required.
61.14 	(e) Districts shall update project estimates with actual expenditures for each 
61.15 	fiscal year. If a project's final cost is significantly higher than originally approved, the 
61.16 	commissioner may request additional supporting information.
61.17 		Subd. 6c.Appeals process. In the event a district is denied funding approval for 
61.18 	a project the district believes complies with subdivisions 6 and 8, and is not otherwise 
61.19 	excluded, a district may appeal the decision. All such requests must be in writing. The 
61.20 	commissioner shall respond in writing. A written request must contain the following: 
61.21 	project number; description and amount; reason for denial; unresolved questions for 
61.22 	consideration; reasons for reconsideration; and a specific statement of what action the 
61.23 	district is requesting.
61.24 		Subd. 7.Proration. In the event that the health and safety aid available for any year 
61.25 	is prorated, a district having its aid prorated may levy an additional amount equal to the 
61.26 	amount not paid by the state due to proration.
61.27 		Subd. 8.Health, safety, and environmental management cost. (a) "Health, safety, 
61.28 	and environmental management" is defined in section 123B.56.
61.29 	(b) A district's cost for health, safety, and environmental management is limited to 
61.30 	the lesser of:
61.31 	(1) actual cost to implement their plan; or
61.32 	(2) an amount determined by the commissioner, based on enrollment, building 
61.33 	age, and size.
61.34 	(b) (c) The department may contract with regional service organizations, private 
61.35 	contractors, Minnesota Safety Council, or state agencies to provide management 
61.36 	assistance to school districts for health and safety capital projects. Management assistance 
62.1 	is the development of written programs for the identification, recognition and control of 
62.2 	hazards, and prioritization and scheduling of district health and safety capital projects. 
62.3 	The department commissioner shall not mandate management assistance or exclude 
62.4 	private contractors from the opportunity to provide any health and safety services to 
62.5 	school districts.
62.6 	(c) Notwithstanding paragraph (b), the department may approve revenue, up to 
62.7 	the limit defined in paragraph (a) for districts having an approved health, safety, and 
62.8 	environmental management plan that uses district staff to accomplish coordination and 
62.9 	provided services.

62.10 	EFFECTIVE DATE. This section is effective July 1, 2011.

62.11 	Sec. 2. Minnesota Statutes 2010, section 123B.71, subdivision 5, is amended to read:
62.12 		Subd. 5.Final plans. If a construction contract has not been awarded within two 
62.13 	years of approval, the approval shall not be valid. After approval, final plans and the 
62.14 	approval shall be filed with made available, if requested, to the commissioner of education. 
62.15 	If substantial changes are made to the initial approved plans, documents reflecting 
62.16 	the changes shall be submitted to the commissioner for approval. Upon completing a 
62.17 	project, the school board shall certify to the commissioner that the project was completed 
62.18 	according to the approved plans.

62.19 	Sec. 3. Minnesota Statutes 2010, section 123B.72, subdivision 3, is amended to read:
62.20 		Subd. 3.Certification. Prior to occupying or reoccupying a school facility affected 
62.21 	by this section, a school board or its designee shall submit a document prepared by a 
62.22 	system inspector to the building official or to the commissioner, verifying that the facility's 
62.23 	heating, ventilation, and air conditioning system has been installed and operates according 
62.24 	to design specifications and code, according to section 123B.71, subdivision 9, clause 
62.25 	(11) (12). A systems inspector shall also verify that the facility's design will provide 
62.26 	the ability for monitoring of outdoor airflow and total airflow of ventilation systems in 
62.27 	new school facilities and that any heating, ventilation, or air conditioning system that is 
62.28 	installed or modified for a project subject to this section must provide a filtration system 
62.29 	with a current ASHRAE standard. 

62.30 	Sec. 4. HEALTH AND SAFETY POLICY.
 62.31 	Notwithstanding Minnesota Statutes, section 123B.57, subdivision 2, a school board 
62.32 	that has not yet adopted a health and safety policy by September 30, 2011, may submit an 
63.1 	application for health and safety revenue for taxes payable in 2012 in the form and manner 
63.2 	specified by the commissioner of education.

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

63.4 	ARTICLE 5
63.5 	ACCOUNTING

63.6 	Section 1. Minnesota Statutes 2010, section 127A.42, subdivision 2, is amended to 
63.7 	read:
63.8 		Subd. 2.Violations of law. The commissioner may reduce or withhold the district's 
63.9 	state aid for any school year whenever the board of the district authorizes or permits 
63.10 	violations of law within the district by:
63.11 	(1) employing a teacher in a public school, including a charter school, who does not 
63.12 	hold a valid teaching license or permit in a public school have appropriate permission to 
63.13 	teach from the Board of Teaching;
63.14 	(2) noncompliance with a mandatory rule of general application promulgated by the 
63.15 	commissioner in accordance with statute, unless special circumstances make enforcement 
63.16 	inequitable, impose an extraordinary hardship on the district, or the rule is contrary to 
63.17 	the district's best interests;
63.18 	(3) the district's continued performance of a contract made for the rental of rooms 
63.19 	or buildings for school purposes or for the rental of any facility owned or operated by or 
63.20 	under the direction of any private organization, if the contract has been disapproved, the 
63.21 	time for review of the determination of disapproval has expired, and no proceeding for 
63.22 	review is pending;
63.23 	(4) any practice which is a violation of sections 1 and 2 of article 13 of the 
63.24 	Constitution of the state of Minnesota;
63.25 	(5) failure to reasonably provide for a resident pupil's school attendance under 
63.26 	Minnesota Statutes;
63.27 	(6) noncompliance with state laws prohibiting discrimination because of race, 
63.28 	color, creed, religion, national origin, sex, age, marital status, status with regard to 
63.29 	public assistance or disability, as defined in sections 363A.08 to 363A.19 and 363A.28, 
63.30 	subdivision 10; or
63.31 	(7) using funds contrary to the statutory purpose of the funds.
63.32 	The reduction or withholding must be made in the amount and upon the procedure 
63.33 	provided in this section or, in the case of a violation under clause (1), using the procedure 
63.34 	provided in section 127A.43.

64.1 	EFFECTIVE DATE. This section is effective July 1, 2011.

64.2 	Sec. 2. Minnesota Statutes 2010, section 127A.43, is amended to read:
64.3 	127A.43 DISTRICT EMPLOYMENT OF UNLICENSED TEACHERS; AID 
64.4 	REDUCTION.
64.5 	When a district or charter school employs one or more teachers who do not hold 
64.6 	a valid teaching license, state aid shall may be withheld reduced in the proportion that 
64.7 	the number of such teachers is to the total number of teachers employed by the district, 
64.8 	multiplied by 60 percent of the basic revenue, as defined in section 126C.10, subdivision 
64.9 	2, of the district for the year in which the employment occurred. 

64.10 	EFFECTIVE DATE. This section is effective July 1, 2011.

64.11 	Sec. 3. Minnesota Statutes 2010, section 127A.45, is amended by adding a subdivision 
64.12 	to read:
64.13 		Subd. 17.Payment to creditors. Except where otherwise specifically authorized, 
64.14 	state education aid payments shall be made only to the school district, charter school, or 
64.15 	other education organization earning state aid revenues as a result of providing education 
64.16 	services.

64.17 	ARTICLE 6
64.18 	EARLY CHILDHOOD EDUCATION

64.19 	Section 1. Minnesota Statutes 2010, section 119A.50, subdivision 3, is amended to read:
64.20 		Subd. 3.Early childhood literacy programs. (a) A research-based early childhood 
64.21 	literacy program premised on actively involved parents, ongoing professional staff 
64.22 	development, and high quality early literacy program standards is established to increase 
64.23 	the literacy skills of children participating in Head Start to prepare them to be successful 
64.24 	readers and to increase families' participation in providing early literacy experiences to 
64.25 	their children. Program providers must:
64.26 	(1) work to prepare children to be successful learners;
64.27 	(2) work to close the achievement gap for at-risk children;
64.28 	(3) use an integrated approach to early literacy that daily offers a literacy-rich 
64.29 	classroom learning environment composed of books, writing materials, writing centers, 
64.30 	labels, rhyming, and other related literacy materials and opportunities;
64.31 	(4) support children's home language while helping the children master English and 
64.32 	use multiple literacy strategies to provide a cultural bridge between home and school;
65.1 	(5) use literacy mentors, ongoing literacy groups, and other teachers and staff to 
65.2 	provide appropriate, extensive professional development opportunities in early literacy 
65.3 	and classroom strategies for preschool teachers and other preschool staff;
65.4 	(6) use ongoing data-based assessments that enable preschool teachers to understand, 
65.5 	plan, and implement literacy strategies, activities, and curriculum that meet children's 
65.6 	literacy needs and continuously improve children's literacy; and
65.7 	(7) foster participation by parents, community stakeholders, literacy advisors, and 
65.8 	evaluation specialists.
65.9 	Program providers are encouraged to collaborate with qualified, community-based 
65.10 	early childhood providers in implementing this program and to seek nonstate funds to 
65.11 	supplement the program.
65.12 	(b) Program providers under paragraph (a) interested in extending literacy programs 
65.13 	to children in kindergarten through grade 3 may elect to form a partnership with an 
65.14 	eligible organization under section 124D.38, subdivision 2, or 124D.42, subdivision 6, 
65.15 	clause (3), schools enrolling children in kindergarten through grade 3, and other interested 
65.16 	and qualified community-based entities to provide ongoing literacy programs that offer 
65.17 	seamless literacy instruction focused on closing the literacy achievement gap. To close 
65.18 	the literacy achievement gap by the end of third grade, partnership members must agree 
65.19 	to use best efforts and practices and to work collaboratively to implement a seamless 
65.20 	literacy model from age three to grade 3, consistent with paragraph (a) and sections 
65.21 	120B.115, 120B.12, and 122A.06. Literacy programs under this paragraph must collect 
65.22 	and use literacy data to:
65.23 	(1) evaluate children's literacy skills; and
65.24 	(2) formulate specific intervention strategies to provide reading instruction to 
65.25 	children premised on the outcomes of formative and summative assessments and 
65.26 	research-based indicators of literacy development.
65.27 	The literacy programs under this paragraph also must train teachers and other 
65.28 	providers working with children to use the assessment outcomes under clause (2) to 
65.29 	develop and use effective, long-term literacy coaching models that are specific to the 
65.30 	program providers.
65.31 	(c) The commissioner must collect and evaluate literacy data on children from 
65.32 	age three to grade 3 who participate in literacy programs under this section, consistent 
65.33 	with this section and sections 120B.115 and 120B.36, subdivision 1, paragraph (f), to 
65.34 	determine the efficacy of early literacy programs on children's success in developing the 
65.35 	literacy skills that they need for long-term academic success and the programs' success in 
65.36 	closing the literacy achievement gap. Annually by February 1, the commissioner must 
66.1 	report to the education policy and finance committees of the legislature on the ongoing 
66.2 	impact of these programs.

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

66.4 	Sec. 2. Minnesota Statutes 2010, section 121A.17, subdivision 3, is amended to read:
66.5 		Subd. 3.Screening program. (a) A screening program must include at least the 
66.6 	following components: developmental assessments, hearing and vision screening or 
66.7 	referral, immunization review and referral, the child's height and weight, identification 
66.8 	of risk factors that may influence learning, an interview with the parent about the child, 
66.9 	and referral for assessment, diagnosis, and treatment when potential needs are identified. 
66.10 	The district and the person performing or supervising the screening must provide a 
66.11 	parent or guardian with clear written notice that the parent or guardian may decline to 
66.12 	answer questions or provide information about family circumstances that might affect 
66.13 	development and identification of risk factors that may influence learning. The notice 
66.14 	must clearly state that declining to answer questions or provide information does not 
66.15 	prevent the child from being enrolled in kindergarten or first grade if all other screening 
66.16 	components are met. If a parent or guardian is not able to read and comprehend the written 
66.17 	notice, the district and the person performing or supervising the screening must convey 
66.18 	the information in another manner. The notice must also inform the parent or guardian 
66.19 	that a child need not submit to the district screening program if the child's health records 
66.20 	indicate to the school that the child has received comparable developmental screening 
66.21 	performed within the preceding 365 days by a public or private health care organization or 
66.22 	individual health care provider. The notice must be given to a parent or guardian at the 
66.23 	time the district initially provides information to the parent or guardian about screening 
66.24 	and must be given again at the screening location.
66.25 	(b) All screening components shall be consistent with the standards of the state 
66.26 	commissioner of health for early developmental screening programs. A developmental 
66.27 	screening program must not provide laboratory tests or a physical examination to any 
66.28 	child. The district must request from the public or private health care organization or the 
66.29 	individual health care provider the results of any laboratory test or physical examination 
66.30 	within the 12 months preceding a child's scheduled screening.
66.31 	(c) If a child is without health coverage, the school district must refer the child to an 
66.32 	appropriate health care provider.
66.33 	(d) A board may offer additional components such as nutritional, physical and 
66.34 	dental assessments, review of family circumstances that might affect development, blood 
66.35 	pressure, laboratory tests, and health history.
67.1 	(e) If a statement signed by the child's parent or guardian is submitted to the 
67.2 	administrator or other person having general control and supervision of the school that 
67.3 	the child has not been screened because of conscientiously held beliefs of the parent 
67.4 	or guardian, the screening is not required.
67.5 	(f) Early childhood developmental screening helps a school district identify children 
67.6 	who may benefit from district and community resources available to help in their 
67.7 	development. Early childhood developmental screening includes a vision screening that 
67.8 	helps detect potential eye problems but is not a substitute for a comprehensive eye exam 
67.9 	by an ophthalmologist or optometrist.

67.10 	ARTICLE 7
67.11 	STUDENT TRANSPORTATION

67.12 	Section 1. Minnesota Statutes 2010, section 123B.92, subdivision 1, is amended to read:
67.13 		Subdivision 1.Definitions. For purposes of this section and section 125A.76, the 
67.14 	terms defined in this subdivision have the meanings given to them.
67.15 	(a) "Actual expenditure per pupil transported in the regular and excess transportation 
67.16 	categories" means the quotient obtained by dividing:
67.17 	(1) the sum of:
67.18 	(i) all expenditures for transportation in the regular category, as defined in paragraph 
67.19 	(b), clause (1), and the excess category, as defined in paragraph (b), clause (2), plus
67.20 	(ii) an amount equal to one year's depreciation on the district's school bus fleet 
67.21 	and mobile units computed on a straight line basis at the rate of 15 percent per year for 
67.22 	districts operating a program under section 124D.128 for grades 1 to 12 for all students in 
67.23 	the district and 12-1/2 percent per year for other districts of the cost of the fleet, plus
67.24 	(iii) an amount equal to one year's depreciation on the district's type III vehicles, as 
67.25 	defined in section 169.011, subdivision 71, which must be used a majority of the time for 
67.26 	pupil transportation purposes, computed on a straight line basis at the rate of 20 percent 
67.27 	per year of the cost of the type three school buses by:
67.28 	(2) the number of pupils eligible for transportation in the regular category, as defined 
67.29 	in paragraph (b), clause (1), and the excess category, as defined in paragraph (b), clause (2).
67.30 	(b) "Transportation category" means a category of transportation service provided to 
67.31 	pupils as follows:
67.32 	(1) Regular transportation is:
67.33 	(i) transportation to and from school during the regular school year for resident 
67.34 	elementary pupils residing one mile or more from the public or nonpublic school they 
67.35 	attend, and resident secondary pupils residing two miles or more from the public 
68.1 	or nonpublic school they attend, excluding desegregation transportation and noon 
68.2 	kindergarten transportation; but with respect to transportation of pupils to and from 
68.3 	nonpublic schools, only to the extent permitted by sections 123B.84 to 123B.87;
68.4 	(ii) transportation of resident pupils to and from language immersion programs;
68.5 	(iii) transportation of a pupil who is a custodial parent and that pupil's child between 
68.6 	the pupil's home and the child care provider and between the provider and the school, if 
68.7 	the home and provider are within the attendance area of the school;
68.8 	(iv) transportation to and from or board and lodging in another district, of resident 
68.9 	pupils of a district without a secondary school; and
68.10 	(v) transportation to and from school during the regular school year required under 
68.11 	subdivision 3 for nonresident elementary pupils when the distance from the attendance 
68.12 	area border to the public school is one mile or more, and for nonresident secondary pupils 
68.13 	when the distance from the attendance area border to the public school is two miles or 
68.14 	more, excluding desegregation transportation and noon kindergarten transportation.
68.15 	For the purposes of this paragraph, a district may designate a licensed day care 
68.16 	facility, school day care facility, respite care facility, the residence of a relative, or the 
68.17 	residence of a person or other location chosen by the pupil's parent or guardian, or an 
68.18 	after-school program for children operated by a political subdivision of the state, as the 
68.19 	home of a pupil for part or all of the day, if requested by the pupil's parent or guardian, 
68.20 	and if that facility, residence, or program is within the attendance area of the school the 
68.21 	pupil attends.
68.22 	(2) Excess transportation is:
68.23 	(i) transportation to and from school during the regular school year for resident 
68.24 	secondary pupils residing at least one mile but less than two miles from the public or 
68.25 	nonpublic school they attend, and transportation to and from school for resident pupils 
68.26 	residing less than one mile from school who are transported because of full-service school 
68.27 	zones, extraordinary traffic, drug, or crime hazards; and
68.28 	(ii) transportation to and from school during the regular school year required under 
68.29 	subdivision 3 for nonresident secondary pupils when the distance from the attendance area 
68.30 	border to the school is at least one mile but less than two miles from the public school 
68.31 	they attend, and for nonresident pupils when the distance from the attendance area border 
68.32 	to the school is less than one mile from the school and who are transported because of 
68.33 	full-service school zones, extraordinary traffic, drug, or crime hazards.
68.34 	(3) Desegregation transportation is transportation within and outside of the district 
68.35 	during the regular school year of pupils to and from schools located outside their normal 
69.1 	attendance areas under a plan for desegregation mandated by the commissioner or under 
69.2 	court order.
69.3 	(4) "Transportation services for pupils with disabilities" is:
69.4 	(i) transportation of pupils with disabilities who cannot be transported on a regular 
69.5 	school bus between home or a respite care facility and school;
69.6 	(ii) necessary transportation of pupils with disabilities from home or from school to 
69.7 	other buildings, including centers such as developmental achievement centers, hospitals, 
69.8 	and treatment centers where special instruction or services required by sections 125A.03 
69.9 	to 125A.24, 125A.26 to 125A.48, and 125A.65 are provided, within or outside the district 
69.10 	where services are provided;
69.11 	(iii) necessary transportation for resident pupils with disabilities required by sections 
69.12 	125A.12, and 125A.26 to 125A.48;
69.13 	(iv) board and lodging for pupils with disabilities in a district maintaining special 
69.14 	classes;
69.15 	(v) transportation from one educational facility to another within the district for 
69.16 	resident pupils enrolled on a shared-time basis in educational programs, and necessary 
69.17 	transportation required by sections 125A.18, and 125A.26 to 125A.48, for resident pupils 
69.18 	with disabilities who are provided special instruction and services on a shared-time basis 
69.19 	or if resident pupils are not transported, the costs of necessary travel between public 
69.20 	and private schools or neutral instructional sites by essential personnel employed by the 
69.21 	district's program for children with a disability;
69.22 	(vi) transportation for resident pupils with disabilities to and from board and lodging 
69.23 	facilities when the pupil is boarded and lodged for educational purposes; and
69.24 	(vii) services described in clauses (i) to (vi), when provided for pupils with 
69.25 	disabilities in conjunction with a summer instructional program that relates to the pupil's 
69.26 	individual education plan or in conjunction with a learning year program established 
69.27 	under section 124D.128.
69.28 	For purposes of computing special education initial aid under section 125A.76, 
69.29 	subdivision 2, the cost of providing transportation for children with disabilities includes 
69.30 	(A) the additional cost of transporting a homeless student from a temporary nonshelter 
69.31 	home in another district to the school of origin, or a formerly homeless student from a 
69.32 	permanent home in another district to the school of origin but only through the end of the 
69.33 	academic year; and (B) depreciation on district-owned school buses purchased after July 1, 
69.34 	2005, and used primarily for transportation of pupils with disabilities, calculated according 
69.35 	to paragraph (a), clauses (ii) and (iii). Depreciation costs included in the disabled 
70.1 	transportation category must be excluded in calculating the actual expenditure per pupil 
70.2 	transported in the regular and excess transportation categories according to paragraph (a).
70.3 	(5) "Nonpublic nonregular transportation" is:
70.4 	(i) transportation from one educational facility to another within the district for 
70.5 	resident pupils enrolled on a shared-time basis in educational programs, excluding 
70.6 	transportation for nonpublic pupils with disabilities under clause (4);
70.7 	(ii) transportation within district boundaries between a nonpublic school and a 
70.8 	public school or a neutral site for nonpublic school pupils who are provided pupil support 
70.9 	services pursuant to section 123B.44; and
70.10 	(iii) late transportation home from school or between schools within a district for 
70.11 	nonpublic school pupils involved in after-school activities.
70.12 	(c) "Mobile unit" means a vehicle or trailer designed to provide facilities for 
70.13 	educational programs and services, including diagnostic testing, guidance and counseling 
70.14 	services, and health services. A mobile unit located off nonpublic school premises is a 
70.15 	neutral site as defined in section 123B.41, subdivision 13.

70.16 	EFFECTIVE DATE. This section is effective July 1, 2011.

70.17 	Sec. 2. Minnesota Statutes 2010, section 123B.92, subdivision 5, is amended to read:
70.18 		Subd. 5.District reports. (a) Each district must report data to the department as 
70.19 	required by the department to account for transportation expenditures.
70.20 	(b) Salaries and fringe benefits of district employees whose primary duties are 
70.21 	other than transportation, including central office administrators and staff, building 
70.22 	administrators and staff, teachers, social workers, school nurses, and instructional aides, 
70.23 	must not be included in a district's transportation expenditures, except that a district may 
70.24 	include salaries and benefits according to paragraph (c) for (1) an employee designated 
70.25 	as the district transportation director, (2) an employee providing direct support to the 
70.26 	transportation director, or (3) an employee providing direct transportation services such as 
70.27 	a bus driver or bus aide.
70.28 	(c) Salaries and fringe benefits of the district employees listed in paragraph (b), 
70.29 	clauses (1), (2), and (3), who work part time in transportation and part time in other areas 
70.30 	must not be included in a district's transportation expenditures unless the district maintains 
70.31 	documentation of the employee's time spent on pupil transportation matters in the form 
70.32 	and manner prescribed by the department.
70.33 	(d) Pupil transportation expenditures, excluding expenditures for capital outlay, 
70.34 	leased buses, student board and lodging, crossing guards, and aides on buses, must be 
70.35 	allocated among transportation categories based on cost-per-mile, or cost-per-student, 
71.1 	cost-per-hour, or cost-per-route, regardless of whether the transportation services are 
71.2 	provided on district-owned or contractor-owned school buses. Expenditures for school 
71.3 	bus driver salaries and fringe benefits may either be directly charged to the appropriate 
71.4 	transportation category or may be allocated among transportation categories based 
71.5 	on cost-per-mile, or cost-per-student, cost-per-hour, or cost-per-route. Expenditures 
71.6 	by private contractors or individuals who provide transportation exclusively in one 
71.7 	transportation category must be charged directly to the appropriate transportation category. 
71.8 	Transportation services provided by contractor-owned school bus companies incorporated 
71.9 	under different names but owned by the same individual or group of individuals must be 
71.10 	treated as the same company for cost allocation purposes.
71.11 	(e) Notwithstanding paragraph (d), districts contracting for transportation services 
71.12 	are exempt from the standard cost allocation method for authorized and nonauthorized 
71.13 	transportation categories if the district: (1) bids its contracts separately for authorized 
71.14 	and nonauthorized transportation categories and for special transportation separately 
71.15 	from regular and excess transportation; (2) receives bids or quotes from more than one 
71.16 	vendor for these transportation categories; and (3) the district's cost-per-mile does not 
71.17 	vary more than ten percent among categories, excluding the salaries and fringe benefits 
71.18 	of bus aides. If the costs reported by the district for contractor-owned operations vary 
71.19 	by more than ten percent among categories, the department shall require the district to 
71.20 	reallocate its transportation costs, excluding the salaries and fringe benefits of bus aides, 
71.21 	among all categories.