1.1 	A bill for an act
1.2 	relating to education; modifying policies for early childhood through grade 12 
1.3 	and adult education, including student accountability, educators, school programs 
1.4 	and operations, charter schools, special education, and early childhood education; 
1.5 	authorizing rulemaking; requiring reports; appropriating money;amending 
1.6 	Minnesota Statutes 2012, sections 15.059, subdivision 5b; 120A.40; 120A.41; 
1.7 	120B.02; 120B.021, subdivision 1; 120B.023; 120B.024; 120B.125; 120B.128; 
1.8 	120B.15; 120B.30, subdivisions 1, 1a; 120B.31, subdivision 1; 120B.35, 
1.9 	subdivision 3; 120B.36, subdivision 1; 121A.22, subdivision 2; 121A.2205; 
1.10 	122A.09, subdivision 4; 122A.14, subdivision 1; 122A.18, subdivision 2; 
1.11 	122A.23, subdivision 2; 122A.28, subdivision 1; 122A.33, subdivision 3; 
1.12 	123B.88, subdivision 22; 123B.92, subdivision 1; 124D.10; 124D.122; 124D.52, 
1.13 	by adding a subdivision; 124D.59, subdivision 2; 124D.61; 124D.79, subdivision 
1.14 	1, by adding a subdivision; 125A.0941; 125A.0942; 125A.27, subdivisions 8, 11, 
1.15 	14; 125A.28; 125A.29; 125A.30; 125A.32; 125A.33; 125A.35, subdivision 1; 
1.16 	125A.36; 125A.43; 126C.10, subdivision 14; 260A.02, subdivision 3; 260A.03; 
1.17 	260A.05, subdivision 1; 260A.07, subdivision 1; Laws 2011, First Special 
1.18 	Session chapter 11, article 7, section 2, subdivision 8, as amended; proposing 
1.19 	coding for new law in Minnesota Statutes, chapters 120B; 121A; 124D; repealing 
1.20 	Minnesota Statutes 2012, section 125A.35, subdivisions 4, 5; Minnesota Rules, 
1.21 	parts 3501.0010; 3501.0020; 3501.0030, subparts 1, 2, 3, 4, 5, 6, 7, 9, 10, 11, 
1.22 	12, 13, 14, 15, 16; 3501.0040; 3501.0050; 3501.0060; 3501.0090; 3501.0100; 
1.23 	3501.0110; 3501.0120; 3501.0130; 3501.0140; 3501.0150; 3501.0160; 
1.24 	3501.0170; 3501.0180; 3501.0200; 3501.0210; 3501.0220; 3501.0230; 
1.25 	3501.0240; 3501.0250; 3501.0270; 3501.0280, subparts 1, 2; 3501.0290; 
1.26 	3501.0505; 3501.0510; 3501.0515; 3501.0520; 3501.0525; 3501.0530; 
1.27 	3501.0535; 3501.0540; 3501.0545; 3501.0550; 3501.1000; 3501.1020; 
1.28 	3501.1030; 3501.1040; 3501.1050; 3501.1110; 3501.1120; 3501.1130; 
1.29 	3501.1140; 3501.1150; 3501.1160; 3501.1170; 3501.1180; 3501.1190.
1.30 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.31 	ARTICLE 1
1.32 	STUDENT ACCOUNTABILITY

1.33 	Section 1. [120B.018] DEFINITIONS.
2.1 		Subdivision 1.Scope. The definitions in this section apply to this chapter.
2.2 		Subd. 2.Academic standard. "Academic standard" means a summary description 
2.3 	of student learning in a required content area under section 120B.021 or elective content 
2.4 	area under section 120B.022.
2.5 		Subd. 3.Career and college ready benchmark. "Career and college ready 
2.6 	benchmark" means specific knowledge or skill that a student must attain to complete part 
2.7 	of an academic standard.
2.8 		Subd. 4.Credit. "Credit" means the determination by the local school district that a 
2.9 	student successfully completed an academic year of study or demonstrated attainment of 
2.10 	applicable subject matter.
2.11 		Subd. 5.Elective standard. "Elective standard" means a locally adopted 
2.12 	expectation for student learning in career and technical education or world languages.
2.13 		Subd. 6.Required standard. "Required standard" means (1) a statewide adopted 
2.14 	expectation for student learning in the content areas of language arts, mathematics, 
2.15 	science, social studies, physical education, and the arts or (2) a locally adopted expectation 
2.16 	for student learning in health or the arts.
2.17 		Subd. 7.School site. "School site" means a separate facility, or a separate program 
2.18 	within a facility that a local school board recognizes as a school site for funding purposes.

2.19 	Sec. 2. Minnesota Statutes 2012, section 120B.02, is amended to read:
2.20 	120B.02 EDUCATIONAL EXPECTATIONS AND GRADUATION 
2.21 	REQUIREMENTS FOR MINNESOTA'S STUDENTS.
2.22 		Subdivision 1.Educational expectations. (a) The legislature is committed to 
2.23 	establishing rigorous academic standards for Minnesota's public school students. To 
2.24 	that end, the commissioner shall adopt in rule statewide academic standards. The 
2.25 	commissioner shall not prescribe in rule or otherwise the delivery system, classroom 
2.26 	assessments, or form of instruction that school sites must use. For purposes of this chapter, 
2.27 	a school site is a separate facility, or a separate program within a facility that a local school 
2.28 	board recognizes as a school site for funding purposes.
2.29 	(b) All commissioner actions regarding the rule must be premised on the following:
2.30 	(1) the rule is intended to raise academic expectations for students, teachers, and 
2.31 	schools;
2.32 	(2) any state action regarding the rule must evidence consideration of school district 
2.33 	autonomy; and
2.34 	(3) the Department of Education, with the assistance of school districts, must make 
2.35 	available information about all state initiatives related to the rule to students and parents, 
3.1 	teachers, and the general public in a timely format that is appropriate, comprehensive, and 
3.2 	readily understandable.
3.3 	(c) When fully implemented, the requirements for high school graduation in 
3.4 	Minnesota must require students to satisfactorily complete, as determined by the school 
3.5 	district, the course credit requirements under section 120B.024, all state academic 
3.6 	standards or local academic standards where state standards do not apply, and successfully 
3.7 	pass graduation examinations as required under section 120B.30.
3.8 	(d) (c) The commissioner shall periodically review and report on the state's 
3.9 	assessment process.
3.10 	(e) (d) School districts are not required to adopt specific provisions of the federal 
3.11 	School-to-Work programs.
3.12 		Subd. 2.Graduation requirements. The state minimum requirements for high 
3.13 	school graduation are satisfactorily completing the credit requirements under section 
3.14 	120B.024, as determined by the school district, and demonstrating attainment of required 
3.15 	academic standards and career and college readiness benchmarks on a nationally normed 
3.16 	college entrance exam under section 120B.30. A school district must adopt graduation 
3.17 	requirements that meet or exceed state graduation requirements established in law or rule.

3.18 	EFFECTIVE DATE. This section is effective August 1, 2013, and applies to 
3.19 	students entering 9th grade in the 2013-2014 school year and later.

3.20 	Sec. 3. Minnesota Statutes 2012, section 120B.021, subdivision 1, is amended to read:
3.21 		Subdivision 1.Required academic standards. (a) The following subject areas 
3.22 	are required for statewide accountability:
3.23 	(1) language arts;
3.24 	(2) mathematics;
3.25 	(3) science;
3.26 	(4) social studies, including history, geography, economics, and government and 
3.27 	citizenship;
3.28 	(5) physical education;
3.29 	(6) health, for which locally developed academic standards apply; and
3.30 	(7) the arts, for which statewide or locally developed academic standards apply, as 
3.31 	determined by the school district. Public elementary and middle schools must offer at least 
3.32 	three and require at least two of the following four arts areas: dance; music; theater; and 
3.33 	visual arts. Public high schools must offer at least three and require at least one of the 
3.34 	following five arts areas: media arts; dance; music; theater; and visual arts.
4.1 	The commissioner must submit proposed standards in science and social studies to 
4.2 	the legislature by February 1, 2004.
4.3 	(b) For purposes of applicable federal law, the academic standards for language arts, 
4.4 	mathematics, and science apply to all public school students, except the very few students 
4.5 	with extreme cognitive or physical impairments for whom an individualized education 
4.6 	program team has determined that the required academic standards are inappropriate. An 
4.7 	individualized education program team that makes this determination must establish 
4.8 	alternative standards.
4.9 	A school district, no later than the 2007-2008 school year, must adopt graduation 
4.10 	requirements that meet or exceed state graduation requirements established in law or rule. 
4.11 	A school district that incorporates these state graduation requirements before the 2007-2008 
4.12 	school year must provide students who enter the 9th grade in or before the 2003-2004 
4.13 	school year the opportunity to earn a diploma based on existing locally established 
4.14 	graduation requirements in effect when the students entered the 9th grade.(c) District 
4.15 	efforts to develop, implement, or improve instruction or curriculum as a result of the 
4.16 	provisions of this section must be consistent with sections 120B.10, 120B.11, and 120B.20.
4.17 	The commissioner must include the contributions of Minnesota American Indian 
4.18 	tribes and communities as they relate to the academic standards during the review and 
4.19 	revision of the required academic standards.

4.20 	Sec. 4. Minnesota Statutes 2012, section 120B.023, is amended to read:
4.21 	120B.023 BENCHMARKS.
4.22 		Subdivision 1.Benchmarks implement, supplement statewide academic 
4.23 	standards. (a) The commissioner must supplement required state academic standards with 
4.24 	grade-level benchmarks. High school benchmarks may cover more than one grade. The 
4.25 	benchmarks must implement statewide academic standards by specifying the academic 
4.26 	knowledge and skills that Schools must offer and students must achieve all benchmarks for 
4.27 	an academic standard to satisfactorily complete a that state standard. The commissioner 
4.28 	must publish benchmarks to inform and guide parents, teachers, school districts, and other 
4.29 	interested persons and to use in developing tests consistent with the benchmarks.
4.30 	(b) The commissioner shall publish benchmarks in the State Register and transmit 
4.31 	the benchmarks in any other manner that informs and guides parents, teachers, school 
4.32 	districts, and other interested persons and makes them accessible to the general public. The 
4.33 	commissioner must use benchmarks in developing career and college readiness assessments 
4.34 	under section 120B.30. The commissioner may charge a reasonable fee for publications.
5.1 	(c) Once established, the commissioner may change the benchmarks only with 
5.2 	specific legislative authorization and after completing a review under subdivision 2.
5.3 	(d) The commissioner must develop and implement a system for reviewing each 
5.4 	of the required academic standards and related benchmarks and elective standards on a 
5.5 	periodic cycle, consistent with subdivision 2.
5.6 	(e) (d) The benchmarks are not subject to chapter 14 and section 14.386 does not 
5.7 	apply.
5.8 		Subd. 2.Revisions and reviews required. (a) The commissioner of education must 
5.9 	revise and appropriately embed technology and information literacy standards consistent 
5.10 	with recommendations from school media specialists into the state's academic standards 
5.11 	and graduation requirements and implement a review cycle for state academic standards 
5.12 	and related benchmarks, consistent with this subdivision. During each review cycle, the 
5.13 	commissioner also must examine the alignment of each required academic standard and 
5.14 	related benchmark with the knowledge and skills students need for college readiness 
5.15 	and advanced work in the particular subject area. The commissioner must include the 
5.16 	contributions of Minnesota American Indian tribes and communities as related to the 
5.17 	academic standards during the review and revision of the required academic standards.
5.18 	(b) The commissioner in the 2006-2007 school year must revise and align the state's 
5.19 	academic standards and high school graduation requirements in mathematics to require 
5.20 	that students satisfactorily complete the revised mathematics standards, beginning in the 
5.21 	2010-2011 school year. Under the revised standards:
5.22 	(1) students must satisfactorily complete an algebra I credit by the end of eighth 
5.23 	grade; and
5.24 	(2) students scheduled to graduate in the 2014-2015 school year or later must 
5.25 	satisfactorily complete an algebra II credit or its equivalent.
5.26 	(b) The commissioner also must ensure that the statewide mathematics assessments 
5.27 	administered to students in grades 3 through 8 and 11 are aligned with the state academic 
5.28 	standards in mathematics, consistent with section 120B.30, subdivision 1, paragraph 
5.29 	(b). The commissioner must implement a review of the academic standards and related 
5.30 	benchmarks in mathematics beginning in the 2015-2016 school year.
5.31 	(c) The commissioner in the 2007-2008 school year must revise and align the state's 
5.32 	academic standards and high school graduation requirements in the arts to require that 
5.33 	students satisfactorily complete the revised arts standards beginning in the 2010-2011 
5.34 	school year. The commissioner must implement a review of the academic standards and 
5.35 	related benchmarks in arts beginning in the 2016-2017 school year.
6.1 	(d) The commissioner in the 2008-2009 school year must revise and align the state's 
6.2 	academic standards and high school graduation requirements in science to require that 
6.3 	students satisfactorily complete the revised science standards, beginning in the 2011-2012 
6.4 	school year. Under the revised standards, students scheduled to graduate in the 2014-2015 
6.5 	school year or later must satisfactorily complete a chemistry or physics credit or a career 
6.6 	and technical education credit that meets standards underlying the chemistry, physics, 
6.7 	or biology credit or a combination of those standards approved by the district. The 
6.8 	commissioner must implement a review of the academic standards and related benchmarks 
6.9 	in science beginning in the 2017-2018 school year.
6.10 	(e) The commissioner in the 2009-2010 school year must revise and align the state's 
6.11 	academic standards and high school graduation requirements in language arts to require 
6.12 	that students satisfactorily complete the revised language arts standards beginning in the 
6.13 	2012-2013 school year. The commissioner must implement a review of the academic 
6.14 	standards and related benchmarks in language arts beginning in the 2018-2019 school year.
6.15 	(f) The commissioner in the 2010-2011 school year must revise and align the state's 
6.16 	academic standards and high school graduation requirements in social studies to require 
6.17 	that students satisfactorily complete the revised social studies standards beginning in the 
6.18 	2013-2014 school year. The commissioner must implement a review of the academic 
6.19 	standards and related benchmarks in social studies beginning in the 2019-2020 school year.
6.20 	(g) School districts and charter schools must revise and align local academic 
6.21 	standards and high school graduation requirements in health, world languages, and career 
6.22 	and technical education to require students to complete the revised standards beginning 
6.23 	in a school year determined by the school district or charter school. School districts and 
6.24 	charter schools must formally establish a periodic review cycle for the academic standards 
6.25 	and related benchmarks in health, world languages, and career and technical education.

6.26 	Sec. 5. Minnesota Statutes 2012, section 120B.024, is amended to read:
6.27 	120B.024 GRADUATION REQUIREMENTS; COURSE CREDITS.
6.28 		Subdivision 1.Graduation requirements. (a) Students beginning 9th grade in the 
6.29 	2011-2012 school year and later must successfully complete the following high school 
6.30 	level course credits for graduation:
6.31 	(1) four credits of language arts sufficient to satisfy all of the academic standards 
6.32 	in English language arts;
6.33 	(2) three credits of mathematics, encompassing at least algebra, geometry, statistics, 
6.34 	and probability including an algebra II credit or its equivalent, sufficient to satisfy all of 
6.35 	the academic standard standards in mathematics;
7.1 	(3) an algebra I credit by the end of 8th grade sufficient to satisfy all of the 8th 
7.2 	grade standards in mathematics;
7.3 	(3) (4) three credits of science, including at least: (i) one credit in biology; and (ii) 
7.4 	one chemistry or physics credit or a career and technical education credit that meets 
7.5 	standards underlying the chemistry, physics, or biology credit or a combination of those 
7.6 	standards approved by the district, but meeting biology standards under this item does not 
7.7 	meet the biology requirement under item (i);
7.8 	(4) (5) three and one-half credits of social studies, encompassing at least United 
7.9 	States history, geography, government and citizenship, world history, and economics or 
7.10 	three credits of social studies encompassing at least United States history, geography, 
7.11 	government and citizenship, and world history, and one-half credit of economics taught in 
7.12 	a school's social studies, agriculture education, or business department sufficient to satisfy 
7.13 	all of the academic standards in social studies;
7.14 	(5) (6) one credit in of the arts sufficient to satisfy all of the state or local academic 
7.15 	standards in the arts; and
7.16 	(6) (7) a minimum of seven elective course credits.
7.17 	A course credit is equivalent to a student successfully completing an academic 
7.18 	year of study or a student mastering the applicable subject matter, as determined by the 
7.19 	local school district.
7.20 		Subd. 2.Credit equivalencies. (a) A one-half credit of economics taught in a 
7.21 	school's agriculture education or business department may fulfill a one-half credit in 
7.22 	social studies under subdivision 1, clause (5), if the credit is sufficient to satisfy all of the 
7.23 	academic standards in economics.
7.24 	(b) An agriculture science course may fulfill a science credit requirement other than 
7.25 	the specified science credit in biology under paragraph (a) subdivision 1, clause (3) (4).
7.26 	(c) A career and technical education course may fulfill a mathematics or arts credit 
7.27 	requirement or a science credit requirement other than the specified science credit in 
7.28 	biology under paragraph (a) subdivision 1, clause (2), (3), or (5) (4), or (6).

7.29 	EFFECTIVE DATE. This section is effective August 1, 2013, and applies to 
7.30 	students entering 9th grade in the 2013-2014 school year and later.

7.31 	Sec. 6. Minnesota Statutes 2012, section 120B.125, is amended to read:
7.32 	120B.125 PLANNING FOR STUDENTS' SUCCESSFUL TRANSITION 
7.33 	TO POSTSECONDARY EDUCATION AND EMPLOYMENT; INVOLUNTARY 
7.34 	CAREER TRACKING PROHIBITED.
8.1 	(a) Consistent with sections 120B.128, 120B.13, 120B.131, 120B.132, 120B.14, 
8.2 	120B.15, 120B.30, subdivision 1, paragraph (c), 125A.08, and other related sections, 
8.3 	school districts are strongly encouraged to, beginning in the 2013-2014 school year, must
8.4 	 assist all students by no later than grade 9 to explore their college and career interests and 
8.5 	aspirations and develop a plan for a smooth and successful transition to postsecondary 
8.6 	education or employment. All students' plans must be designed to:
8.7 	(1) provide a comprehensive academic plan for completing a college and 
8.8 	career-ready curriculum premised on meeting state and local academic standards and 
8.9 	developing 21st century skills such as team work, collaboration, and good work habits;
8.10 	(2) emphasize academic rigor and high expectations;
8.11 	(3) help students identify personal learning styles that may affect their postsecondary 
8.12 	education and employment choices;
8.13 	(4) help students succeed at gaining gain access to postsecondary education and 
8.14 	career options;
8.15 	(5) integrate strong academic content into career-focused courses and integrate 
8.16 	relevant career-focused courses into strong academic content;
8.17 	(6) help students and families identify and gain access to appropriate counseling 
8.18 	and other supports and assistance that enable students to complete required coursework, 
8.19 	prepare for postsecondary education and careers, and obtain information about 
8.20 	postsecondary education costs and eligibility for financial aid and scholarship;
8.21 	(7) help students and families identify collaborative partnerships of kindergarten 
8.22 	through grade 12 schools, postsecondary institutions, economic development agencies, and 
8.23 	employers that support students' transition to postsecondary education and employment 
8.24 	and provide students with experiential learning opportunities; and
8.25 	(8) be reviewed and revised at least annually by the student, the student's parent or 
8.26 	guardian, and the school or district to ensure that the student's course-taking schedule 
8.27 	keeps the student "on track" making adequate progress to meet state and local high school 
8.28 	graduation requirements and with a reasonable chance to succeed with employment or 
8.29 	postsecondary education without the need to first complete remedial course work.
8.30 	(b) A school district may develop grade-level curricula or provide instruction that 
8.31 	introduces students to various careers, but must not require any curriculum, instruction, 
8.32 	or employment-related activity that obligates an elementary or secondary student to 
8.33 	involuntarily select a career, career interest, employment goals, or related job training.
8.34 	(c) School districts are encouraged to seek and use revenue and in-kind contributions 
8.35 	from nonstate sources and to seek administrative cost savings through innovative local 
8.36 	funding arrangements, such as the Collaboration Among Rochester Educators (CARE) 
9.1 	model for funding postsecondary enrollment options, among other sources, for purposes 
9.2 	of implementing this section.

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

9.4 	Sec. 7. Minnesota Statutes 2012, section 120B.128, is amended to read:
9.5 	120B.128 EDUCATIONAL PLANNING AND ASSESSMENT SYSTEM 
9.6 	(EPAS) PROGRAM.
9.7 	(a) School districts and charter schools may elect to participate in the Educational 
9.8 	Planning and Assessment System (EPAS) program offered by ACT, Inc. to provide a 
9.9 	longitudinal, systematic approach to student educational and career planning, assessment, 
9.10 	instructional support, and evaluation. The EPAS achievement tests include English, 
9.11 	reading, mathematics, science, and components on planning for high school and 
9.12 	postsecondary education, interest inventory, needs assessments, and student education 
9.13 	plans. These tests are linked to the ACT assessment for college admission and allow 
9.14 	students, parents, teachers, and schools to determine the student's college readiness before 
9.15 	grades 11 and 12.
9.16 	(b) The commissioner of education shall provide ACT Explore tests for students 
9.17 	in grade 8 and the ACT Plan test for students in grade 10 to assess individual student 
9.18 	academic strengths and weaknesses, academic achievement and progress, higher order 
9.19 	thinking skills, and college readiness.
9.20 	(c) Students entering grade 9 before the 2013-2014 school year who have not 
9.21 	yet demonstrated proficiency on the Minnesota comprehensive assessments, the 
9.22 	graduation-required assessments for diploma, or the basic skills testing requirements may 
9.23 	satisfy state high school graduation requirements for assessments in reading, mathematics, 
9.24 	and writing by taking the ACT assessment for college admission prior to high school 
9.25 	graduation.
9.26 	(d) The state shall pay the test costs for school districts and charter schools that 
9.27 	choose to participate in the EPAS program to participate in the assessments under this 
9.28 	section. The commissioner shall establish an application procedure and a process for 
9.29 	state payment of costs.

9.30 	EFFECTIVE DATE. This section is effective the day following final enactment 
9.31 	and applies through the 2015-2016 school year.

9.32 	Sec. 8. Minnesota Statutes 2012, section 120B.15, is amended to read:
9.33 	120B.15 GIFTED AND TALENTED STUDENTS PROGRAMS.
10.1 	(a) School districts may identify students, locally develop programs addressing 
10.2 	instructional and affective needs, provide staff development, and evaluate programs to 
10.3 	provide gifted and talented students with challenging and appropriate educational programs.
10.4 	(b) School districts may must adopt guidelines for assessing and identifying students 
10.5 	for participation in gifted and talented programs. The guidelines should include the use of:
10.6 	(1) multiple and objective criteria; and
10.7 	(2) assessments and procedures that are valid and reliable, fair, and based on current 
10.8 	theory and research. Assessments and procedures should be sensitive to underrepresented 
10.9 	groups, including, but not limited to, low-income, minority, twice-exceptional, and 
10.10 	English learners.
10.11 	(c) School districts must adopt procedures for the academic acceleration of gifted 
10.12 	and talented students. These procedures must include how the district will:
10.13 	(1) assess a student's readiness and motivation for acceleration; and
10.14 	(2) match the level, complexity, and pace of the curriculum to a student to achieve 
10.15 	the best type of academic acceleration for that student.
10.16 	(d) School districts must adopt procedures for early admission to kindergarten 
10.17 	or first grade of gifted and talented learners. The procedures must be sensitive to 
10.18 	underrepresented groups and must address how the district or charter school will:
10.19 	(1) assess a child's readiness and motivation for accelerations;
10.20 	(2) assess a child's cognitive abilities, achievement, and performance; and
10.21 	(3) monitor the child's adjustment postacceleration.
10.22 	The school district shall admit a gifted and talented child to kindergarten or first 
10.23 	grade who fails to meet the age requirement under section 120A.20, subdivision 1, 
10.24 	paragraph (b), provided the child completes the procedures and meets the criteria for early 
10.25 	entrance adopted by the school board under this subdivision.

10.26 	Sec. 9. [120B.21] MENTAL HEALTH EDUCATION.
10.27 	School districts and charter schools are encouraged to provide mental health 
10.28 	instruction for students in grades 6 through 12 aligned with local health standards and 
10.29 	integrated into existing programs, curriculum, or the general school environment of a 
10.30 	district or charter school. The commissioner, in consultation with the commissioner of 
10.31 	human services and mental health organizations, is encouraged to provide districts and 
10.32 	charter schools with:
10.33 	(1) age-appropriate model learning activities for grades 6 through 12 that encompass 
10.34 	the mental health components of the National Health Education Standards and the 
11.1 	benchmarks developed by the department's quality teaching network in health and best 
11.2 	practices in mental health education; and
11.3 	(2) a directory of resources for planning and implementing age-appropriate mental 
11.4 	health curriculum and instruction in grades 6 through 12.

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

11.6 	Sec. 10. Minnesota Statutes 2012, section 120B.30, subdivision 1, is amended to read:
11.7 		Subdivision 1.Statewide testing.  (a) The commissioner, with advice from experts 
11.8 	with appropriate technical qualifications and experience and stakeholders, consistent 
11.9 	with subdivision 1a, shall include in the comprehensive assessment system, for each 
11.10 	grade level to be tested, state-constructed tests developed from and as computer-adaptive 
11.11 	reading and mathematics assessments for students that are aligned with the state's required 
11.12 	academic standards under section 120B.021, include multiple choice questions, and be
11.13 	 are administered annually to all students in grades 3 through 8 7. State-developed high 
11.14 	school tests aligned with the state's required academic standards under section 120B.021 
11.15 	and administered to all high school students in a subject other than writing must include 
11.16 	multiple choice questions. The commissioner shall establish one or more months during 
11.17 	which schools shall administer the tests to students each school year. For students enrolled 
11.18 	in grade 8 before the 2005-2006 school year, Minnesota basic skills tests in reading, 
11.19 	mathematics, and writing shall fulfill students' basic skills testing requirements for a 
11.20 	passing state notation. The passing scores of basic skills tests in reading and mathematics 
11.21 	are the equivalent of 75 percent correct for students entering grade 9 based on the first 
11.22 	uniform test administered in February 1998. Students who have not successfully passed a 
11.23 	Minnesota basic skills test by the end of the 2011-2012 school year must passand students 
11.24 	in their senior year who have not yet demonstrated proficiency on the graduation-required 
11.25 	assessments for diploma under paragraph (c), except that for the 2012-2013 and 2013-2014 
11.26 	school years only, these students may satisfy the state's graduation test requirement for 
11.27 	math by complying with paragraph (d), clauses (1) and (3) by the end of the 2012-2013 
11.28 	school year must take a college admission assessment under paragraph (c) and consistent 
11.29 	with section 120B.128, paragraph (c), that supports career and college readiness for all 
11.30 	students, or the student may choose to instead take a nationally recognized armed services 
11.31 	vocational aptitude test.
11.32 	(b) The state assessment system must be aligned to the most recent revision of 
11.33 	academic standards as described in section 120B.023 in the following manner:
11.34 	(1) mathematics;
11.35 	(i) grades 3 through 8 beginning in the 2010-2011 school year; and
12.1 	(ii) high school level beginning in the 2013-2014 school year;
12.2 	(2) science; grades 5 and 8 and at the high school level beginning in the 2011-2012 
12.3 	school year; and
12.4 	(3) language arts and reading; grades 3 through 8 and high school level beginning in 
12.5 	the 2012-2013 school year.
12.6 	(c) For students enrolled in grade 8 in the 2005-2006 2012-2013 school year and 
12.7 	later, only the following options shall fulfill students' state graduation test requirements, 
12.8 	based on a longitudinal, systematic approach to student education and career planning, 
12.9 	assessment, instructional support, and evaluation, include the following:
12.10 	(1) for reading and mathematics:
12.11 	(i) obtaining an achievement level equivalent to or greater than proficient as 
12.12 	determined through a standard setting process on the Minnesota comprehensive 
12.13 	assessments in grade 10 for reading and grade 11 for mathematics or achieving a passing 
12.14 	score as determined through a standard setting process on the graduation-required 
12.15 	assessment for diploma in grade 10 for reading and grade 11 for mathematics or 
12.16 	subsequent retests;
12.17 	(ii) achieving a passing score as determined through a standard setting process 
12.18 	on the state-identified language proficiency test in reading and the mathematics test for 
12.19 	English learners or the graduation-required assessment for diploma equivalent of those 
12.20 	assessments for students designated as English learners;
12.21 	(iii) achieving an individual passing score on the graduation-required assessment for 
12.22 	diploma as determined by appropriate state guidelines for students with an individualized 
12.23 	education program or 504 plan;
12.24 	(iv) obtaining achievement level equivalent to or greater than proficient as 
12.25 	determined through a standard setting process on the state-identified alternate assessment 
12.26 	or assessments in grade 10 for reading and grade 11 for mathematics for students with 
12.27 	an individualized education program; or
12.28 	(v) achieving an individual passing score on the state-identified alternate assessment 
12.29 	or assessments as determined by appropriate state guidelines for students with an 
12.30 	individualized education program; and
12.31 	(2) for writing:
12.32 	(i) achieving a passing score on the graduation-required assessment for diploma;
12.33 	(ii) achieving a passing score as determined through a standard setting process on 
12.34 	the state-identified language proficiency test in writing for students designated as English 
12.35 	learners;
13.1 	(iii) achieving an individual passing score on the graduation-required assessment for 
13.2 	diploma as determined by appropriate state guidelines for students with an individualized 
13.3 	education program or 504 plan; or
13.4 	(iv) achieving an individual passing score on the state-identified alternate assessment 
13.5 	or assessments as determined by appropriate state guidelines for students with an 
13.6 	individualized education program.
13.7 	(1) attainment of required academic standards and career and college readiness 
13.8 	benchmarks under section 120B.023  as demonstrated on a nationally normed college 
13.9 	entrance exam, or taking a nationally recognized armed services vocational aptitude 
13.10 	test at the election of the student;
13.11 	(2) achievement and career and college readiness tests in mathematics, reading, and 
13.12 	writing, consistent with paragraph (e), to monitor students' continuous development of 
13.13 	and growth in requisite knowledge and skills; analyze students' progress and performance 
13.14 	levels, identifying students' academic strengths and diagnosing areas where students 
13.15 	require curriculum or instructional adjustments, targeted interventions, or remediation; 
13.16 	and based on analysis of students' progress and performance data, determine students' 
13.17 	learning and instructional needs and the instructional tools and best practices that support 
13.18 	academic rigor for the student; and
13.19 	(3) consistent with this paragraph and section 120B.125, age-appropriate exploration 
13.20 	and planning activities and career assessments to encourage students to identify personally 
13.21 	relevant career interests and aptitudes and help students and their families develop a 
13.22 	regularly reexamined transition plan for postsecondary education or employment without 
13.23 	need for postsecondary remediation.
13.24 	Expectations of schools, districts, and the state for career or college readiness under 
13.25 	this subdivision must be comparable in rigor, clarity of purpose, and rates of student 
13.26 	completion. A student under clause (2) must receive targeted, relevant, academically 
13.27 	rigorous, and resourced instruction, which may include a targeted instruction and 
13.28 	intervention plan focused on improving the student's knowledge and skills in core subjects 
13.29 	so that the student has a reasonable chance to succeed in a career or college without need 
13.30 	for postsecondary remediation. Consistent with sections 120B.13, 124D.09, 124D.091, 
13.31 	124D.49, and related sections, an enrolling school or district must actively encourage a 
13.32 	student in grade 11 or 12 who is identified as academically ready for a career or college 
13.33 	to participate in courses and programs awarding college credit to high school students. 
13.34 	Students are not required to achieve a specified score or level of proficiency on an 
13.35 	assessment under this subdivision to graduate from high school.
14.1 	(d) Students enrolled in grade 8 in any school year from the 2005-2006 school 
14.2 	year to the 2009-2010 school year who do not pass the mathematics graduation-required 
14.3 	assessment for diploma under paragraph (c) are eligible to receive a high school diploma 
14.4 	if they:
14.5 	(1) complete with a passing score or grade all state and local coursework and credits 
14.6 	required for graduation by the school board granting the students their diploma;
14.7 	(2) participate in district-prescribed academic remediation in mathematics; and
14.8 	(3) fully participate in at least two retests of the mathematics GRAD test or until 
14.9 	they pass the mathematics GRAD test, whichever comes first. To improve the secondary 
14.10 	and postsecondary outcomes of all students, the alignment between secondary and 
14.11 	postsecondary education programs and Minnesota's workforce needs, and the efficiency 
14.12 	and cost-effectiveness of secondary and postsecondary programs, the commissioner, after 
14.13 	consulting with the Minnesota State Colleges and Universities chancellor and using a 
14.14 	request for proposal process, shall contract for a series of assessments that are consistent 
14.15 	with this subdivision, aligned with state academic standards, and include career and 
14.16 	college readiness benchmarks. Mathematics, reading, and writing assessments for students 
14.17 	in grades 8 and 10 must be predictive of and aligned with a nationally normed assessment 
14.18 	for career and college readiness. This nationally recognized assessment must be a college 
14.19 	entrance exam and given to students in grade 11 or 12. This series of assessments must 
14.20 	include a college placement diagnostic exam and contain career exploration elements. 
14.21 	Students in grade 11 or 12 may choose to take a nationally recognized armed services 
14.22 	vocational aptitude test as an alternative to the college and career readiness entrance 
14.23 	exam under this paragraph. The commissioner and the Minnesota State Colleges and 
14.24 	Universities chancellor must collaborate in aligning instruction and assessments for 
14.25 	adult basic education students to provide the students with diagnostic information about 
14.26 	any targeted interventions they need so that they may seek postsecondary education or 
14.27 	employment without need for postsecondary remediation.
14.28 	(1) Districts and schools, on an annual basis, must use the career exploration 
14.29 	elements in these assessments to help students, beginning no later than grade 9, and their 
14.30 	families explore and plan for postsecondary education or careers based on the students' 
14.31 	interests, aptitudes, and aspirations. Districts and schools must use timely regional labor 
14.32 	market information and partnerships, among other resources, to help students and their 
14.33 	families successfully develop, pursue, review, and revise an individualized plan for 
14.34 	postsecondary education or a career. This process must help increase students' engagement 
14.35 	in and connection to school, improve students' knowledge and skills, and deepen students' 
14.36 	understanding of career pathways as a sequence of academic and career courses that lead 
15.1 	to an industry-recognized credential, an associate's degree, or a bachelor's degree and are 
15.2 	available to all students, whatever their interests and career goals.
15.3 	(2) Students who, based on their growth in academic achievement between grades 8 
15.4 	and 10, show adequate progress toward meeting state career and college readiness must 
15.5 	be given the college entrance exam part of these assessments in grade 11 or a nationally 
15.6 	recognized armed services vocational aptitude test. A student under this clause who 
15.7 	demonstrates attainment of required state academic standards, which include career and 
15.8 	college readiness benchmarks, on these assessments is academically ready for a career or 
15.9 	college and is encouraged to participate in courses and programs awarding college credit to 
15.10 	high school students. Such courses and programs may include sequential courses of study 
15.11 	within broad career areas and technical skill assessments that extend beyond course grades.
15.12 	(3) All students in grade 11 not subject to clause (2) must be given the college 
15.13 	placement diagnostic exam so that the students, their families, the school, and the district 
15.14 	can use the results to diagnose areas for targeted instruction, intervention, or remediation 
15.15 	and improve students' knowledge and skills in core subjects sufficient for the student 
15.16 	to graduate and have a reasonable chance to succeed in a career or college without 
15.17 	remediation. These students must be given the college entrance exam part of these 
15.18 	assessments in grade 12 or a nationally recognized armed services vocational aptitude test.
15.19 	(4) A student in clause (3) who demonstrates (i) attainment of required state 
15.20 	academic standards, which include career and college readiness benchmarks,  on these 
15.21 	assessments, (ii) attainment of career and college readiness benchmarks on the college 
15.22 	placement diagnostic part of these assessments, and, where applicable, (iii) successfully 
15.23 	completes targeted instruction, intervention, or remediation approved by the commissioner 
15.24 	and the Minnesota State Colleges and Universities chancellor after consulting with local 
15.25 	school officials and educators, is academically ready for a career or college and is 
15.26 	encouraged to participate in courses and programs awarding college credit to high school 
15.27 	students. Such courses and programs may include sequential courses of study within 
15.28 	broad career areas and technical skill assessments that extend beyond course grades.
15.29 	(5) A study to determine the alignment between these assessments and state 
15.30 	academic standards under this chapter must be conducted. Where alignment exists, the 
15.31 	commissioner must seek federal approval to, and immediately upon receiving approval 
15.32 	replace the federally required assessments referenced under subdivision 1a and section 
15.33 	120B.35, subdivision 2, with assessments under this paragraph.
15.34 	(e) In developing, supporting, and improving students' academic readiness for a 
15.35 	career or college, schools, districts, and the state must have a continuum of empirically 
15.36 	derived, clearly defined benchmarks focused on students' attainment of knowledge and 
16.1 	skills so that students, their parents, and teachers know how well students must perform to 
16.2 	have a reasonable chance to succeed in a career or college without need for postsecondary 
16.3 	remediation. The commissioner and Minnesota's public postsecondary institutions must 
16.4 	ensure that the foundational knowledge and skills for students' successful performance 
16.5 	in postsecondary employment or education and an articulated series of possible targeted 
16.6 	interventions are clearly identified and satisfy Minnesota's postsecondary admissions 
16.7 	requirements.
16.8 	(f) A school, district, or charter school must place record on the high school 
16.9 	transcript a student's current pass status for each subject that has a required graduation 
16.10 	assessment progress toward career and college readiness.
16.11 	In addition, (g) The school board granting the students their diplomas may formally 
16.12 	decide to include a notation of high achievement on the high school diplomas of those 
16.13 	graduating seniors who, according to established school board criteria, demonstrate 
16.14 	exemplary academic achievement during high school.
16.15 	(e) (h) The 3rd through 8th 7th grade computer-adaptive assessment results and 
16.16 	high school test results shall be available to districts for diagnostic purposes affecting 
16.17 	student learning and district instruction and curriculum, and for establishing educational 
16.18 	accountability. The commissioner must establish empirically derived benchmarks on 
16.19 	adaptive assessments in grades 3 through 7 that reveal a trajectory toward career and 
16.20 	college readiness. The commissioner must disseminate to the public the computer-adaptive 
16.21 	assessments and high school test results upon receiving those results.
16.22 	(f) (i) The 3rd through 8th 7th grade computer-adaptive assessments and high school 
16.23 	tests must be aligned with state academic standards. The commissioner shall determine the 
16.24 	testing process and the order of administration. The statewide results shall be aggregated 
16.25 	at the site and district level, consistent with subdivision 1a.
16.26 	(g) In addition to the testing and reporting requirements under this section, (j) The 
16.27 	commissioner shall include the following components in the statewide public reporting 
16.28 	system:
16.29 	(1) uniform statewide testing computer-adaptive assessments of all students in 
16.30 	grades 3 through 8 7 and testing at the high school level that provides appropriate, 
16.31 	technically sound accommodations or alternate assessments;
16.32 	(2) educational indicators that can be aggregated and compared across school 
16.33 	districts and across time on a statewide basis, including average daily attendance, high 
16.34 	school graduation rates, and high school drop-out rates by age and grade level;
16.35 	(3) state results on the American College Test; and
17.1 	(4) state results from participation in the National Assessment of Educational 
17.2 	Progress so that the state can benchmark its performance against the nation and other 
17.3 	states, and, where possible, against other countries, and contribute to the national effort 
17.4 	to monitor achievement.

17.5 	EFFECTIVE DATE. This section is effective the day following final enactment 
17.6 	and applies to the 2013-2014 school year and later except that paragraph (a) applies 
17.7 	the day following final enactment and the requirements for using computer-adaptive 
17.8 	mathematics and reading assessments for grades 3 through 7 apply in the 2015-2016 
17.9 	school year and later.

17.10 	Sec. 11. Minnesota Statutes 2012, section 120B.30, subdivision 1a, is amended to read:
17.11 		Subd. 1a.Statewide and local assessments; results. (a) For purposes of this 
17.12 	section, the following definitions have the meanings given them.
17.13 	(1) "Computer-adaptive assessments" means fully adaptive assessments.
17.14 	(2) "Fully adaptive assessments" include test items that are on-grade level and items 
17.15 	that may be above or below a student's grade level.
17.16 	(3) "On-grade level" test items contain subject area content that is aligned to state 
17.17 	academic standards for the grade level of the student taking the assessment.
17.18 	(4) "Above-grade level" test items contain subject area content that is above the 
17.19 	grade level of the student taking the assessment and is considered aligned with state 
17.20 	academic standards to the extent it is aligned with content represented in state academic 
17.21 	standards above the grade level of the student taking the assessment. Notwithstanding 
17.22 	the student's grade level, administering above-grade level test items to a student does not 
17.23 	violate the requirement that state assessments must be aligned with state standards.
17.24 	(5) "Below-grade level" test items contain subject area content that is below the 
17.25 	grade level of the student taking the test and is considered aligned with state academic 
17.26 	standards to the extent it is aligned with content represented in state academic standards 
17.27 	below the student's current grade level. Notwithstanding the student's grade level, 
17.28 	administering below-grade level test items to a student does not violate the requirement 
17.29 	that state assessments must be aligned with state standards.
17.30 	(b) The commissioner must use fully adaptive mathematics and reading assessments 
17.31 	for grades 3 through 7 beginning in the 2015-2016 school year and later.
17.32 	(c) For purposes of conforming with existing federal educational accountability 
17.33 	requirements, the commissioner must develop and implement computer-adaptive reading 
17.34 	and mathematics assessments for grades 3 through 8 7, state-developed high school 
17.35 	reading and mathematics tests aligned with state academic standards, and science 
18.1 	assessments under clause (2) that districts and sites must use to monitor student growth 
18.2 	toward achieving those standards. The commissioner must not develop statewide 
18.3 	assessments for academic standards in social studies, health and physical education, and 
18.4 	the arts. The commissioner must require:
18.5 	(1) annual computer-adaptive reading and mathematics assessments in grades 3 
18.6 	through 8 7, and high school reading and mathematics tests; and
18.7 	(2) annual science assessments in one grade in the grades 3 through 5 span, the 
18.8 	grades 6 through 8 span, and a life sciences assessment in the grades 9 through 12 span, 
18.9 	and the commissioner must not require students to achieve a passing score on high school 
18.10 	science assessments as a condition of receiving a high school diploma.
18.11 	(d) The commissioner must ensure that for annual computer-adaptive assessments:
18.12 	(1) individual student performance data and achievement reports are available within 
18.13 	three school days of when students take an assessment;
18.14 	(2) growth information is available for each student from the student's first 
18.15 	assessment to each proximate assessment using a constant measurement scale;
18.16 	(3) parents, teachers, and school administrators are able to use elementary and 
18.17 	middle school student performance data to project students' secondary and postsecondary 
18.18 	achievement; and
18.19 	(4) useful diagnostic information about areas of students' academic strengths and 
18.20 	weaknesses is available to teachers and school administrators for improving student 
18.21 	instruction and indicating the specific skills and concepts that should be introduced and 
18.22 	developed for students at given performance levels, organized by strands within subject 
18.23 	areas, and aligned to state academic standards.
18.24 	(b) (e) The commissioner must ensure that all statewide tests administered to 
18.25 	elementary and secondary students measure students' academic knowledge and skills and 
18.26 	not students' values, attitudes, and beliefs.
18.27 	(c) (f) Reporting of assessment results must:
18.28 	(1) provide timely, useful, and understandable information on the performance of 
18.29 	individual students, schools, school districts, and the state;
18.30 	(2) include a value-added growth indicator of student achievement under section 
18.31 	120B.35, subdivision 3, paragraph (b); and
18.32 	(3)(i) for students enrolled in grade 8 before the 2005-2006 school year, determine 
18.33 	whether students have met the state's basic skills requirements; and
18.34 	(ii) for students enrolled in grade 8 in the 2005-2006 school year and later, determine 
18.35 	whether students have met the state's academic standards.
19.1 	(d) (g) Consistent with applicable federal law and subdivision 1, paragraph (d), 
19.2 	clause (1), the commissioner must include appropriate, technically sound accommodations 
19.3 	or alternative assessments for the very few students with disabilities for whom statewide 
19.4 	assessments are inappropriate and for English learners.
19.5 	(e)(h) A school, school district, and charter school must administer statewide 
19.6 	assessments under this section, as the assessments become available, to evaluate student 
19.7 	proficiency progress toward career and college readiness in the context of the state's grade 
19.8 	level academic standards. If a state assessment is not available, a school, school district, 
19.9 	and charter school must determine locally if a student has met the required academic 
19.10 	standards. A school, school district, or charter school may use a student's performance 
19.11 	on a statewide assessment as one of multiple criteria to determine grade promotion or 
19.12 	retention. A school, school district, or charter school may use a high school student's 
19.13 	performance on a statewide assessment as a percentage of the student's final grade in a 
19.14 	course, or place a student's assessment score on the student's transcript.

19.15 	EFFECTIVE DATE. This section is effective for the 2013-2014 school year and 
19.16 	later except the requirements for using computer-adaptive mathematics and reading 
19.17 	assessments for grades 3 through 7 apply in the 2015-2016 school year and later.

19.18 	Sec. 12. Minnesota Statutes 2012, section 120B.31, subdivision 1, is amended to read:
19.19 		Subdivision 1.Educational accountability and public reporting. Consistent 
19.20 	with the direction to adopt statewide academic standards under section 120B.02, the 
19.21 	department, in consultation with education and other system stakeholders, must establish a 
19.22 	coordinated and comprehensive system of educational accountability and public reporting 
19.23 	that promotes greater academic achievement, preparation for higher academic education, 
19.24 	preparation for the world of work, citizenship under sections 120B.021, subdivision 1, 
19.25 	clause (4), and 120B.024, paragraph (a), clause (4), and the arts.

19.26 	Sec. 13. Minnesota Statutes 2012, section 120B.35, subdivision 3, is amended to read:
19.27 		Subd. 3.State growth target; other state measures. (a) The state's educational 
19.28 	assessment system measuring individual students' educational growth is based on 
19.29 	indicators of achievement growth that show an individual student's prior achievement. 
19.30 	Indicators of achievement and prior achievement must be based on highly reliable 
19.31 	statewide or districtwide assessments.
19.32 	(b) The commissioner, in consultation with a stakeholder group that includes 
19.33 	assessment and evaluation directors and staff and researchers must implement a model 
19.34 	that uses a value-added growth indicator and includes criteria for identifying schools 
20.1 	and school districts that demonstrate medium and high growth under section 120B.299, 
20.2 	subdivisions 8 and 9, and may recommend other value-added measures under section 
20.3 	120B.299, subdivision 3. The model may be used to advance educators' professional 
20.4 	development and replicate programs that succeed in meeting students' diverse learning 
20.5 	needs. Data on individual teachers generated under the model are personnel data under 
20.6 	section 13.43. The model must allow users to:
20.7 	(1) report student growth consistent with this paragraph; and
20.8 	(2) for all student categories, report and compare aggregated and disaggregated state 
20.9 	growth data using the nine student categories identified under the federal 2001 No Child 
20.10 	Left Behind Act and two student gender categories of male and female, respectively, 
20.11 	following appropriate reporting practices to protect nonpublic student data.
20.12 	The commissioner must report separate measures of student growth and proficiency, 
20.13 	consistent with this paragraph.
20.14 	(c) When reporting student performance under section 120B.36, subdivision 1, the 
20.15 	commissioner annually, beginning July 1, 2011, must report two core measures indicating 
20.16 	the extent to which current high school graduates are being prepared for postsecondary 
20.17 	academic and career opportunities:
20.18 	(1) a preparation measure indicating the number and percentage of high school 
20.19 	graduates in the most recent school year who completed course work important to 
20.20 	preparing them for postsecondary academic and career opportunities, consistent with 
20.21 	the core academic subjects required for admission to Minnesota's public colleges and 
20.22 	universities as determined by the Office of Higher Education under chapter 136A; and
20.23 	(2) a rigorous coursework measure indicating the number and percentage of high 
20.24 	school graduates in the most recent school year who successfully completed one or more 
20.25 	college-level advanced placement, international baccalaureate, postsecondary enrollment 
20.26 	options including concurrent enrollment, other rigorous courses of study under section 
20.27 	120B.021, subdivision 1a, or industry certification courses or programs.
20.28 	When reporting the core measures under clauses (1) and (2), the commissioner must also 
20.29 	analyze and report separate categories of information using the nine student categories 
20.30 	identified under the federal 2001 No Child Left Behind Act and two student gender 
20.31 	categories of male and female, respectively, following appropriate reporting practices to 
20.32 	protect nonpublic student data.
20.33 	(d) When reporting student performance under section 120B.36, subdivision 1, the 
20.34 	commissioner annually, beginning July 1, 2014, must report summary data on school 
20.35 	safety and students' engagement and connection at school. The summary data under this 
20.36 	paragraph are separate from and must not be used for any purpose related to measuring 
21.1 	or evaluating the performance of classroom teachers. The commissioner, in consultation 
21.2 	with qualified experts on student engagement and connection and classroom teachers, 
21.3 	must identify highly reliable variables that generate summary data under this paragraph. 
21.4 	The summary data may be used at school, district, and state levels only. Any data on 
21.5 	individuals received, collected, or created that are used to generate the summary data 
21.6 	under this paragraph are nonpublic data under section 13.02, subdivision 9.
21.7 	(e) For purposes of statewide educational accountability, the commissioner must 
21.8 	identify and report measures that demonstrate the success of school districts, school sites, 
21.9 	charter schools, and alternative program providers in improving the graduation outcomes 
21.10 	of students under this paragraph. When reporting student performance under section 
21.11 	120B.36, subdivision 1, the commissioner, beginning July 1, 2015, must annually report 
21.12 	summary data on:
21.13 	(1) the four- and six-year graduation rates of students throughout the state who 
21.14 	are identified as at risk of not graduating or off track to graduate, including students 
21.15 	who are eligible to participate in a program under section 123A.05 or 124D.68, among 
21.16 	other students; and
21.17 	(2) the success that school districts, school sites, charter schools, and alternative 
21.18 	program providers experience in:
21.19 	(i) identifying at-risk and off-track student populations by grade;
21.20 	(ii) providing successful prevention and intervention strategies for at-risk students;
21.21 	(iii) providing successful recuperative and recovery or reenrollment strategies for 
21.22 	off-track students; and
21.23 	(iv) improving the graduation outcomes of at-risk and off-track students.
21.24 	For purposes of this paragraph, a student who is at risk of not graduating is a student 
21.25 	in eighth or ninth grade who meets one or more of the following criteria: first enrolled in 
21.26 	an English language learners program in eighth or ninth grade and may be older than other 
21.27 	students enrolled in the same grade; as an eighth grader, is absent from school for at least 
21.28 	20 percent of the days of instruction during the school year, is two or more years older 
21.29 	than other students enrolled in the same grade, or fails multiple core academic courses; or 
21.30 	as a ninth grader, fails multiple ninth grade core academic courses in English language 
21.31 	arts, mathematics, science, or social studies.
21.32 	For purposes of this paragraph, a student who is off track to graduate is a student 
21.33 	who meets one or more of the following criteria: first enrolled in an English language 
21.34 	learners program in high school and is older than other students enrolled in the same grade; 
21.35 	is a returning dropout; is 16 or 17 years old and two or more academic years off track to 
22.1 	graduate; is 18 years or older and two or more academic years off track to graduate; or is 
22.2 	18 years or older and may graduate within one school year.

22.3 	EFFECTIVE DATE. Paragraph (e) applies to data that are collected in the 
22.4 	2014-2015 school year and later and reported annually beginning July 1, 2015, consistent 
22.5 	with the recommendations the commissioner receives from recognized and qualified 
22.6 	experts on improving differentiated graduation rates, and establishing alternative routes to 
22.7 	a standard high school diploma for at-risk and off-track students.

22.8 	Sec. 14. Minnesota Statutes 2012, section 120B.36, subdivision 1, is amended to read:
22.9 		Subdivision 1.School performance report cards reports. (a) The commissioner 
22.10 	shall report student academic performance under section 120B.35, subdivision 2; the 
22.11 	percentages of students showing low, medium, and high growth under section 120B.35, 
22.12 	subdivision 3, paragraph (b); school safety and student engagement and connection 
22.13 	under section 120B.35, subdivision 3, paragraph (d); rigorous coursework under section 
22.14 	120B.35, subdivision 3, paragraph (c); the percentage of students whose progress and 
22.15 	performance levels are meeting career and college readiness benchmarks under section 
22.16 	120B.30, subdivision 1; longitudinal data on district and school progress in reducing 
22.17 	disparities in students' academic achievement under section 124D.861, subdivision 3; two 
22.18 	separate student-to-teacher ratios that clearly indicate the definition of teacher consistent 
22.19 	with sections 122A.06 and 122A.15 for purposes of determining these ratios; staff 
22.20 	characteristics excluding salaries; student enrollment demographics; district mobility; and 
22.21 	extracurricular activities. The report also must indicate a school's adequate yearly progress 
22.22 	status under applicable federal law, and must not set any designations applicable to high- 
22.23 	and low-performing schools due solely to adequate yearly progress status.
22.24 	(b) The commissioner shall develop, annually update, and post on the department 
22.25 	Web site school performance report cards reports.
22.26 	(c) The commissioner must make available performance report cards reports by the 
22.27 	beginning of each school year.
22.28 	(d) A school or district may appeal its adequate yearly progress status in writing to 
22.29 	the commissioner within 30 days of receiving the notice of its status. The commissioner's 
22.30 	decision to uphold or deny an appeal is final.
22.31 	(e) School performance report card reports data are nonpublic data under section 
22.32 	13.02, subdivision 9, until the commissioner publicly releases the data. The commissioner 
22.33 	shall annually post school performance report cards reports to the department's public Web 
22.34 	site no later than September 1, except that in years when the report card reflects reports 
23.1 	reflect new performance standards, the commissioner shall post the school performance 
23.2 	report cards reports no later than October 1.

23.3 	EFFECTIVE DATE. This section is effective for the 2013-2014 school year and 
23.4 	later.

23.5 	Sec. 15. Minnesota Statutes 2012, section 124D.52, is amended by adding a 
23.6 	subdivision to read:
23.7 		Subd. 8.Standard high school diploma for adults. (a) The commissioner shall 
23.8 	adopt rules for providing a standard high school diploma to adults who:
23.9 	(1) are not eligible for kindergarten through grade 12 services;
23.10 	(2) do not have a high school diploma; and
23.11 	(3) successfully complete an adult basic education program of instruction approved 
23.12 	by the commissioner necessary to earn an adult high school diploma.
23.13 	(b) Persons participating in an approved adult basic education program of instruction 
23.14 	must demonstrate proficiency in a standard set of competencies that reflect the knowledge 
23.15 	and skills sufficient to ensure that postsecondary programs and institutions and potential 
23.16 	employers regard persons with a standard high school diploma and persons with a 
23.17 	standard high school diploma for adults as equally well prepared and qualified graduates. 
23.18 	Approved adult basic education programs of instruction under this subdivision must issue 
23.19 	a standard high school diploma for adults who successfully demonstrate the competencies, 
23.20 	knowledge, and skills required by the program.

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

23.22 	Sec. 16. STATEWIDE ASSESSMENT AND ACCOUNTABILITY; TRANSITION.
 23.23 	Notwithstanding other law to the contrary, students enrolled in grade 8 before the 
23.24 	2012-2013 school year are eligible to be assessed under the amended provisions of 
23.25 	Minnesota Statutes, section 120B.30, subdivision 1, to the extent such assessments are 
23.26 	available, or under Minnesota Statutes, section 120B.128. Other measures of statewide 
23.27 	accountability, including student performance, preparation, rigorous course taking, 
23.28 	engagement and connection, and transition into postsecondary education or the workforce 
23.29 	remain in effect.

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

23.31 	Sec. 17. CAREER PATHWAYS AND TECHNICAL EDUCATION ADVISORY 
23.32 	TASK FORCE.
 24.1 		Subdivision 1.Recommendations. (a) A career pathways and technical education 
24.2 	advisory task force is established to recommend to the Minnesota legislature, consistent 
24.3 	with Minnesota Statutes, sections 120B.30, subdivision 1, and 120B.35, subdivision 3, 
24.4 	how to structurally redesign secondary and postsecondary education to:
24.5 	(1) improve secondary and postsecondary outcomes for students and adult learners;
24.6 	(2) align secondary and postsecondary education programs serving students and 
24.7 	adult learners;
24.8 	(3) align secondary and postsecondary education programs and Minnesota's 
24.9 	workforce needs; and
24.10 	(4) measure and evaluate the combined efficacy of Minnesota's public kindergarten 
24.11 	through grade 12 and postsecondary education programs.
24.12 	(b) Advisory task force members, in preparing these recommendations, must 
24.13 	seek the advice of education providers, employers, policy makers, and other interested 
24.14 	stakeholders and must at least consider how to:
24.15 	(1) better inform students about career options, occupational trends, and educational 
24.16 	paths leading to viable and rewarding careers and reduce the gap between the demand for 
24.17 	and preparation of a skilled Minnesota workforce;
24.18 	(2) in consultation with a student's family, develop and periodically adapt as needed 
24.19 	an education and work plan for each student aligned with the student's personal and 
24.20 	professional interests, abilities, skills, and aspirations;
24.21 	(3) improve monitoring of high school students' progress with targeted interventions 
24.22 	and support and remove the need for remedial instruction;
24.23 	(4) increase and accelerate opportunities for secondary school students to earn 
24.24 	postsecondary credits leading to a certificate, industry license, or degree;
24.25 	(5) better align high school courses and expectations and postsecondary 
24.26 	credit-bearing courses;
24.27 	(6) better align high school standards and assessments, postsecondary readiness 
24.28 	measures and entrance requirements, and the expectations of Minnesota employers;
24.29 	(7) increase the rates at which students complete a postsecondary certificate, 
24.30 	industry license, or degree; and
24.31 	(8) provide graduates of two-year and four-year postsecondary institutions with the 
24.32 	foundational skills needed for civic engagement, ongoing employment, and continuous 
24.33 	learning.
24.34 		Subd. 2.Task force membership and operation. (a) Advisory task force members 
24.35 	must include representatives of the following: the Minnesota Association of Career and 
24.36 	Technical Administrators; the Minnesota Association for Career and Technical Education; 
25.1 	University of Minnesota and Minnesota State Colleges and Universities faculty working 
25.2 	to develop career and technical educators in Minnesota; the National Research Center 
25.3 	for Career and Technical Education; the Department of Education; the Department of 
25.4 	Employment and Economic Development; the Minnesota Chamber of Commerce; the 
25.5 	Minnesota Business Partnership; the Minnesota Board of Teaching; the Minnesota 
25.6 	Association of Colleges for Teacher Education; Minnesota State Colleges and Universities 
25.7 	foundational skills and general education faculty; and any other representatives selected 
25.8 	by the task force members. The education commissioner or the commissioner's designee 
25.9 	must convene the task force. Task force members are not eligible for compensation or 
25.10 	reimbursement for expenses related to task force activities.
25.11 	(b) The commissioner, upon request, must provide technical assistance to the task 
25.12 	force.
25.13 	(c) The task force must submit its written recommendations under this section to the 
25.14 	legislative committees with jurisdiction over kindergarten through grade 12 education by 
25.15 	February 15, 2014.

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

25.17 	Sec. 18. STANDARD ADULT HIGH SCHOOL DIPLOMA ADVISORY TASK 
25.18 	FORCE.
 25.19 	(a) The commissioner of education shall appoint a nine-member advisory task 
25.20 	force to recommend programmatic requirements for adult basic education programs of 
25.21 	instruction leading to a standard adult high school diploma under Minnesota Statutes, 
25.22 	section 124D.52, subdivision 8. 
25.23 	(b) The commissioner of education must appoint representatives from the following 
25.24 	organizations to the task force by July 1, 2013:
25.25 	(1) one employee of the Department of Education with expertise in adult basic 
25.26 	education;
25.27 	(2) five adult basic education administrators and teachers from local adult basic 
25.28 	education programs located in rural, suburban, and urban areas of the state, at least one of 
25.29 	whom represents the Literacy Action network;
25.30 	(3) one employee of the Minnesota State Colleges and Universities with expertise 
25.31 	in adult basic education;
25.32 	(4) one employee of the Department of Employment and Economic Development 
25.33 	with expertise in adult basic education and employment; and
25.34 	(5) one member of the Minnesota Chamber of Commerce familiar with adult basic 
25.35 	education programs under Minnesota Statutes, section 124D.52.
26.1 	(c) The commissioner of education must convene the task force. Task force 
26.2 	members are not eligible for compensation or reimbursement for expenses related to task 
26.3 	force activities. The commissioner, upon request, must provide technical assistance to 
26.4 	task force members.
26.5 	(d) By February 1, 2014, the task force must submit its recommendations to the 
26.6 	commissioner of education for providing a standard adult high school diploma to persons 
26.7 	who are not eligible for kindergarten through grade 12 services, who do not have a 
26.8 	high school diploma, and who successfully complete an approved adult basic education 
26.9 	program of instruction necessary to earn an adult high school diploma. The commissioner 
26.10 	must consider these recommendations when adopting rules under Minnesota Statutes, 
26.11 	section 124D.52, subdivision 8.

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

26.13 	Sec. 19. IMPLEMENTING DIFFERENTIATED GRADUATION RATE 
26.14 	MEASURES AND EXPLORING ALTERNATIVE ROUTES TO A STANDARD 
26.15 	DIPLOMA FOR AT-RISK AND OFF-TRACK STUDENTS.
 26.16 	(a) To implement the requirements of Minnesota Statutes, section 120B.35, 
26.17 	subdivision 3, paragraph (e), the commissioner of education must consult with recognized 
26.18 	and qualified experts and the stakeholders listed in paragraph (b) on improving 
26.19 	differentiated graduation rates and establishing alternative routes to a standard high school 
26.20 	diploma for at-risk and off-track students throughout the state. The commissioner must 
26.21 	consider and recommend to the legislature:
26.22 	(1) research-based measures that demonstrate the relative success of school 
26.23 	districts, school sites, charter schools, and alternative program providers in improving the 
26.24 	graduation outcomes of at-risk and off-track students; and
26.25 	(2) state options for establishing alternative routes to a standard diploma consistent 
26.26 	with the educational accountability system under Minnesota Statutes, chapter 120B.
26.27 	When proposing alternative routes to a standard diploma, the commissioner also must 
26.28 	identify highly reliable variables that generate summary data to comply with Minnesota 
26.29 	Statutes, section 120B.35, subdivision 3, paragraph (e), including: who initiates the 
26.30 	request for an alternative route; who approves the request for an alternative route; the 
26.31 	parameters of the alternative route process, including whether a student first must fail a 
26.32 	regular, state-mandated exam; and the comparability of the academic and achievement 
26.33 	criteria reflected in the alternative route and the standard route for a standard diploma. 
26.34 	The commissioner is also encouraged to identify the data, timelines, and methods needed 
27.1 	to evaluate and report on the alternative routes to a standard diploma once they are 
27.2 	implemented and the student outcomes that result from those routes.
27.3 	(b) Stakeholders to be consulted include persons from: state-approved alternative 
27.4 	programs; online programs; charter schools; school boards; teachers; metropolitan school 
27.5 	districts; rural educators; university and college faculty with expertise in serving and 
27.6 	assessing at-risk and off-track students; superintendents; high school principals; and 
27.7 	the public. The commissioner may seek input from other interested stakeholders and 
27.8 	organizations with expertise to help inform the commissioner.
27.9 	(c) The commissioner, by February 15, 2014, must develop and submit to the 
27.10 	education policy and finance committees of the legislature recommendations and 
27.11 	legislation, consistent with this section and Minnesota Statutes, section 120B.35, 
27.12 	subdivision 3, paragraph (e), for:
27.13 	(1) measuring and reporting differentiated graduation rates for at-risk and off-track 
27.14 	students throughout the state and the success and costs that school districts, school sites, 
27.15 	charter schools, and alternative program providers experience in identifying and serving 
27.16 	at-risk or off-track student populations; and
27.17 	(2) establishing alternative routes to a standard diploma.

27.18 	EFFECTIVE DATE. This section is effective the day following final enactment 
27.19 	and applies to school report cards beginning July 1, 2015.

27.20 	Sec. 20. APPROPRIATIONS.
 27.21 		Subdivision 1.Minnesota Department of Education. The sums indicated in this 
27.22 	section are appropriated from the general fund to the Department of Education for the 
27.23 	fiscal years designated.
27.24 		Subd. 2.College and career ready assessments. For the costs necessary for 
27.25 	school district and charter school students to participate in the required assessments under 
27.26 	section 10:

27.27		$
	.......
	.....
	2014
	
27.28		$
	.......
	.....
	2015
	
27.29 	Any balance in the first year does not cancel but is available in the second year.
27.30 		Subd. 3.Computer-adapted tests. For the development costs associated with 
27.31 	state-developed, computer-adapted tests under section 11:

27.32		$
	.......
	.....
	2014
	
27.33		$
	.......
	.....
	2015
	
28.1 	Any balance in the first year does not cancel but is available in the second year.
28.2 		Subd. 4.Request for proposals. For the costs associated with developing the 
28.3 	request for proposals for the assessments required under section 11, paragraph (d):

28.4		$
	.......
	.....
	2014
	
28.5		$
	.......
	.....
	2015
	
28.6 	Any balance in the first year does not cancel but is available in the second year.
28.7 		Subd. 5.Career Pathways and Technical Advisory Task Force. For the costs of 
28.8 	the Career Pathways Advisory Task Force under section 17:

28.9		$
	.......
	.....
	2014
	
28.10 	Any balance in the fiscal year 2014 does not cancel but is available in the fiscal 
28.11 	year 2015.

28.12 	Sec. 21. REVISOR'S INSTRUCTION.
 28.13 	The revisor of statutes shall renumber Minnesota Statutes, section 120B.023, 
28.14 	subdivision 2, as Minnesota Statutes, section 120B.021, subdivision 4. The revisor shall 
28.15 	make necessary cross-reference changes consistent with the renumbering.

28.16 	Sec. 22.  REPEALER.
 28.17 	(a) Minnesota Rules, parts 3501.0505; 3501.0510; 3501.0515; 3501.0520; 
28.18 	3501.0525; 3501.0530; 3501.0535; 3501.0540; 3501.0545; and 3501.0550, are repealed.
28.19 	(b) Minnesota Rules, parts 3501.0010; 3501.0020; 3501.0030, subparts 1, 2, 3, 4, 
28.20 	5, 6, 7, 9, 10, 11, 12, 13, 14, 15, and 16; 3501.0040; 3501.0050; 3501.0060; 3501.0090; 
28.21 	3501.0100; 3501.0110; 3501.0120; 3501.0130; 3501.0140; 3501.0150; 3501.0160; 
28.22 	3501.0170; 3501.0180; 3501.0200; 3501.0210; 3501.0220; 3501.0230; 3501.0240; 
28.23 	3501.0250; 3501.0270; 3501.0280, subparts 1 and 2; 3501.0290; 3501.1000; 3501.1020; 
28.24 	3501.1030; 3501.1040; 3501.1050; 3501.1110; 3501.1120; 3501.1130; 3501.1140; 
28.25 	3501.1150; 3501.1160; 3501.1170; 3501.1180; and 3501.1190, are repealed.

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

28.27 	ARTICLE 2
28.28 	EDUCATORS

28.29 	Section 1. Minnesota Statutes 2012, section 122A.09, subdivision 4, is amended to read:
28.30 		Subd. 4.License and rules. (a) The board must adopt rules to license public school 
28.31 	teachers and interns subject to chapter 14.
29.1 	(b) The board must adopt rules requiring a person until September 1, 2014, to pass 
29.2 	a skills examination in reading, writing, and mathematics as a requirement for initial 
29.3 	teacher licensure, except that the board may issue up to three temporary, one-year teaching 
29.4 	licenses to an otherwise qualified candidate who has not passed the skills exam at the time 
29.5 	the candidate successfully completes an approved teacher preparation program. Such 
29.6 	rules must require college and universities offering a board-approved teacher preparation 
29.7 	program to provide remedial assistance to persons who did not achieve a qualifying score 
29.8 	on the skills examination, including those for whom English is a second language.
29.9 	(c) The board must adopt rules to approve teacher preparation programs. The board, 
29.10 	upon the request of a postsecondary student preparing for teacher licensure or a licensed 
29.11 	graduate of a teacher preparation program, shall assist in resolving a dispute between the 
29.12 	person and a postsecondary institution providing a teacher preparation program when the 
29.13 	dispute involves an institution's recommendation for licensure affecting the person or the 
29.14 	person's credentials. At the board's discretion, assistance may include the application 
29.15 	of chapter 14.
29.16 	(d) The board must provide the leadership and adopt rules for the redesign of teacher 
29.17 	education programs to implement a research based, results-oriented curriculum that 
29.18 	focuses on the skills teachers need in order to be effective. The board shall implement new 
29.19 	systems of teacher preparation program evaluation to assure program effectiveness based 
29.20 	on proficiency of graduates in demonstrating attainment of program outcomes. Teacher 
29.21 	preparation programs including alternative teacher preparation programs under section 
29.22 	122A.245, among other programs, must include a content-specific, board-approved, 
29.23 	performance-based assessment that measures teacher candidates in three areas: planning 
29.24 	for instruction and assessment; engaging students and supporting learning; and assessing 
29.25 	student learning.
29.26 	(e) The board must adopt rules requiring candidates for initial licenses to pass an 
29.27 	examination of general pedagogical knowledge and examinations of licensure-specific 
29.28 	teaching skills. The rules shall be effective by September 1, 2001. The rules under this 
29.29 	paragraph also must require candidates for initial licenses to teach prekindergarten or 
29.30 	elementary students to pass, as part of the examination of licensure-specific teaching 
29.31 	skills, test items assessing the candidates' knowledge, skill, and ability in comprehensive, 
29.32 	scientifically based reading instruction under section 122A.06, subdivision 4, and their 
29.33 	knowledge and understanding of the foundations of reading development, the development 
29.34 	of reading comprehension, and reading assessment and instruction, and their ability to 
29.35 	integrate that knowledge and understanding.
30.1 	(f) The board must adopt rules requiring teacher educators to work directly with 
30.2 	elementary or secondary school teachers in elementary or secondary schools to obtain 
30.3 	periodic exposure to the elementary or secondary teaching environment.
30.4 	(g) The board must grant licenses to interns and to candidates for initial licenses 
30.5 	based on appropriate professional competencies that are aligned with the board's licensing 
30.6 	system and students' diverse learning needs. The board must include these licenses in a 
30.7 	statewide differentiated licensing system that creates new leadership roles for successful 
30.8 	experienced teachers premised on a collaborative professional culture dedicated to meeting 
30.9 	students' diverse learning needs in the 21st century and formalizes mentoring and induction 
30.10 	for newly licensed teachers that is provided through a teacher support framework.
30.11 	(h) The board must design and implement an assessment system which requires a 
30.12 	candidate for an initial license and first continuing license to demonstrate the abilities 
30.13 	necessary to perform selected, representative teaching tasks at appropriate levels.
30.14 	(i) The board must receive recommendations from local committees as established 
30.15 	by the board for the renewal of teaching licenses.
30.16 	(j) The board must grant life licenses to those who qualify according to requirements 
30.17 	established by the board, and suspend or revoke licenses pursuant to sections 122A.20 and 
30.18 	214.10. The board must not establish any expiration date for application for life licenses.
30.19 	(k) The board must adopt rules that require all licensed teachers who are renewing 
30.20 	their continuing license to include in their renewal requirements further preparation in 
30.21 	the areas of using positive behavior interventions and in accommodating, modifying, and 
30.22 	adapting curricula, materials, and strategies to appropriately meet the needs of individual 
30.23 	students and ensure adequate progress toward the state's graduation rule.
30.24 	(l) In adopting rules to license public school teachers who provide health-related 
30.25 	services for disabled children, the board shall adopt rules consistent with license or 
30.26 	registration requirements of the commissioner of health and the health-related boards who 
30.27 	license personnel who perform similar services outside of the school.
30.28 	(m) The board must adopt rules that require all licensed teachers who are renewing 
30.29 	their continuing license to include in their renewal requirements further reading 
30.30 	preparation, consistent with section 122A.06, subdivision 4. The rules do not take effect 
30.31 	until they are approved by law. Teachers who do not provide direct instruction including, at 
30.32 	least, counselors, school psychologists, school nurses, school social workers, audiovisual 
30.33 	directors and coordinators, and recreation personnel are exempt from this section.
30.34 	(n) The board must adopt rules that require all licensed teachers who are renewing 
30.35 	their continuing license to include in their renewal requirements further preparation, 
30.36 	first, in understanding the key warning signs of early-onset mental illness in children 
31.1 	and adolescents and then, during subsequent licensure renewal periods, preparation may 
31.2 	include providing a more in-depth understanding of students' mental illness trauma, 
31.3 	accommodations for students' mental illness, parents' role in addressing students' mental 
31.4 	illness, Fetal Alcohol Spectrum Disorders, autism, the requirements of section 125A.0942 
31.5 	governing restrictive procedures, and de-escalation methods, among other similar topics.

31.6 	EFFECTIVE DATE. Paragraph (b) is effective the day following final enactment. 
31.7 	Paragraph (n) is effective August 1, 2014.

31.8 	Sec. 2. Minnesota Statutes 2012, section 122A.14, subdivision 1, is amended to read:
31.9 		Subdivision 1.Licensing. (a) The board shall license school administrators. The 
31.10 	board shall adopt rules to license school administrators under chapter 14. Other than the 
31.11 	rules transferred to the board under section 122A.18, subdivision 4, the board may not 
31.12 	adopt or amend rules under this section until the rules are approved by law. The rules shall 
31.13 	include the licensing of persons who have successfully completed alternative preparation 
31.14 	programs under section 122A.27 or other alternative competency-based preparation 
31.15 	programs. The board may enter into agreements with the Board of Teaching regarding 
31.16 	multiple license matters.
31.17 	(b) The board must issue a special education director's license to a qualified 
31.18 	candidate licensed as a school psychologist, school speech and language pathologist, or 
31.19 	school social worker who has experience in public schools working with eligible children 
31.20 	with disabilities, their parents and families, and licensed special education teachers, 
31.21 	regardless of whether or not the candidate has teaching experience or a teaching license.

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

31.23 	Sec. 3. Minnesota Statutes 2012, section 122A.18, subdivision 2, is amended to read:
31.24 		Subd. 2.Teacher and support personnel qualifications. (a) The Board of 
31.25 	Teaching must issue licenses under its jurisdiction to persons the board finds to be 
31.26 	qualified and competent for their respective positions.
31.27 	(b) The board, until September 1, 2014, must require a person to pass an examination 
31.28 	of skills in reading, writing, and mathematics before being granted an initial teaching 
31.29 	license to provide direct instruction to pupils in prekindergarten, elementary, secondary, 
31.30 	or special education programs, except that the board may issue up to three temporary, 
31.31 	one-year teaching licenses to an otherwise qualified candidate who has not passed the skills 
31.32 	exam at the time the candidate successfully completes an approved teacher preparation 
31.33 	program. The board must require colleges and universities offering a board approved 
32.1 	teacher preparation program to provide make available upon request remedial assistance 
32.2 	that includes a formal diagnostic component to persons enrolled in their institution who 
32.3 	did not achieve a qualifying score on the skills examination, including those for whom 
32.4 	English is a second language. The colleges and universities must provide make available
32.5 	 assistance in the specific academic areas of deficiency in which the person did not achieve 
32.6 	a qualifying score. School districts may make available upon request similar, appropriate, 
32.7 	and timely remedial assistance that includes a formal diagnostic component to those 
32.8 	persons employed by the district who completed their teacher education program, who did 
32.9 	not achieve a qualifying score on the skills examination, including those persons for whom 
32.10 	English is a second language and persons under section 122A.23, subdivision 2, paragraph 
32.11 	(h), who completed their teacher's education program outside the state of Minnesota, 
32.12 	and who received a temporary license to teach in Minnesota. The Board of Teaching 
32.13 	shall report annually to the education committees of the legislature on the total number 
32.14 	of teacher candidates during the most recent school year taking the skills examination, 
32.15 	the number who achieve a qualifying score on the examination, the number who do not 
32.16 	achieve a qualifying score on the examination, the distribution of all candidates' scores, 
32.17 	the number of candidates who have taken the examination at least once before, and the 
32.18 	number of candidates who have taken the examination at least once before and achieve 
32.19 	a qualifying score.
32.20 	(c) A person who has completed an approved teacher preparation program and has 
32.21 	been issued three temporary, one-year teaching licenses, but has not passed the skills exam, 
32.22 	may have the board renew the temporary license if the school district employing the licensee 
32.23 	requests that the licensee continue to teach for that district under a temporary license.
32.24 	(d) The Board of Teaching must grant continuing licenses only to those persons who 
32.25 	have met board criteria for granting a continuing license, which includes passing the skills 
32.26 	examination in reading, writing, and mathematics.
32.27 	(d) (e) All colleges and universities approved by the board of teaching to prepare 
32.28 	persons for teacher licensure must include in their teacher preparation programs a common 
32.29 	core of teaching knowledge and skills to be acquired by all persons recommended 
32.30 	for teacher licensure. This common core shall meet the standards developed by the 
32.31 	interstate new teacher assessment and support consortium in its 1992 "model standards for 
32.32 	beginning teacher licensing and development." Amendments to standards adopted under 
32.33 	this paragraph are covered by chapter 14. The board of teaching shall report annually to 
32.34 	the education committees of the legislature on the performance of teacher candidates 
32.35 	on common core assessments of knowledge and skills under this paragraph during the 
32.36 	most recent school year.
33.1 	(f) Notwithstanding this subdivision or other law to the contrary, beginning 
33.2 	September 1, 2014, a teacher is not required to pass an examination of skills in reading, 
33.3 	writing, and mathematics before the board grants the teacher an initial teaching license to 
33.4 	provide direct instruction to pupils in prekindergarten, elementary, secondary, or special 
33.5 	education programs.

33.6 	EFFECTIVE DATE. This section, except paragraph (f), is effective the day 
33.7 	following final enactment. Paragraph (f) is effective beginning September 1, 2014.

33.8 	Sec. 4. Minnesota Statutes 2012, section 122A.23, subdivision 2, is amended to read:
33.9 		Subd. 2.Applicants licensed in other states. (a) Subject to the requirements of 
33.10 	sections 122A.18, subdivision 8, and 123B.03, the Board of Teaching must issue a teaching 
33.11 	license or a temporary teaching license under paragraphs (b) to (e) to an applicant who holds 
33.12 	at least a baccalaureate degree from a regionally accredited college or university and holds 
33.13 	or held a similar out-of-state teaching license that requires the applicant to successfully 
33.14 	complete a teacher preparation program approved by the issuing state, which includes 
33.15 	field-specific teaching methods and student teaching or essentially equivalent experience.
33.16 	(b) The Board of Teaching must issue a teaching license to an applicant who:
33.17 	(1) successfully completed all exams and human relations preparation components 
33.18 	required by the Board of Teaching; and
33.19 	(2) holds or held an out-of-state teaching license to teach the same content field and 
33.20 	grade levels if the scope of the out-of-state license is no more than one grade level less 
33.21 	than a similar Minnesota license.
33.22 	(c) The Board of Teaching, consistent with board rules and paragraph (h), must 
33.23 	issue up to three one-year temporary teaching licenses to an applicant who holds or held 
33.24 	an out-of-state teaching license to teach the same content field and grade levels, where 
33.25 	the scope of the out-of-state license is no more than one grade level less than a similar 
33.26 	Minnesota license, but has not successfully completed all exams and human relations 
33.27 	preparation components required by the Board of Teaching.
33.28 	(d) The Board of Teaching, consistent with board rules, must issue up to three 
33.29 	one-year temporary teaching licenses to an applicant who:
33.30 	(1) successfully completed all exams and human relations preparation components 
33.31 	required by the Board of Teaching; and
33.32 	(2) holds or held an out-of-state teaching license to teach the same content field 
33.33 	and grade levels, where the scope of the out-of-state license is no more than one grade 
33.34 	level less than a similar Minnesota license, but has not completed field-specific teaching 
33.35 	methods or student teaching or equivalent experience.
34.1 	The applicant may complete field-specific teaching methods and student teaching 
34.2 	or equivalent experience by successfully participating in a one-year school district 
34.3 	mentorship program consistent with board-adopted standards of effective practice and 
34.4 	Minnesota graduation requirements.
34.5 	(e) The Board of Teaching must issue a temporary teaching license for a term of 
34.6 	up to three years only in the content field or grade levels specified in the out-of-state 
34.7 	license to an applicant who:
34.8 	(1) successfully completed all exams and human relations preparation components 
34.9 	required by the Board of Teaching; and
34.10 	(2) holds or held an out-of-state teaching license where the out-of-state license is 
34.11 	more limited in the content field or grade levels than a similar Minnesota license.
34.12 	(f) The Board of Teaching must not issue to an applicant more than three one-year 
34.13 	temporary teaching licenses under this subdivision.
34.14 	(g) The Board of Teaching must not issue a license under this subdivision if the 
34.15 	applicant has not attained the additional degrees, credentials, or licenses required in a 
34.16 	particular licensure field.
34.17 	(h) The Board of Teaching must require Until September 1, 2014, an applicant 
34.18 	for a teaching license or a temporary teaching license under this subdivision to must
34.19 	 pass a skills examination in reading, writing, and mathematics before the board issues 
34.20 	the applicant a continuing teaching license. Consistent with section 122A.18, subdivision 
34.21 	2, paragraph (c), and notwithstanding other provisions of this subdivision, the board 
34.22 	may issue up to three temporary, one-year teaching licenses to an otherwise qualified 
34.23 	applicant who has not passed the skills exam and the board may renew this temporary 
34.24 	license if the school district employing the applicant requests that the applicant continue 
34.25 	to teach for that district under a temporary license.  Notwithstanding this subdivision or 
34.26 	other law to the contrary, beginning September 1, 2014, a teacher is not required to pass 
34.27 	an examination of skills in reading, writing, and mathematics before the board grants the 
34.28 	teacher a continuing license to provide direct instruction to pupils in prekindergarten, 
34.29 	elementary, secondary, or special education programs.

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

34.31 	Sec. 5. Minnesota Statutes 2012, section 122A.28, subdivision 1, is amended to read:
34.32 		Subdivision 1.K-12 license to teach deaf and hard-of-hearing students; 
34.33 	relicensure. (a) The Board of Teaching must review and determine appropriate licensure 
34.34 	requirements for a candidate for a license or an applicant for a continuing license to teach 
34.35 	deaf and hard-of-hearing students in prekindergarten through grade 12. In addition to 
35.1 	other requirements, a candidate must demonstrate the minimum level of proficiency in 
35.2 	American sign language as determined by the board.
35.3 	(b) Among other relicensure requirements, each teacher under this section must 
35.4 	complete 30 continuing education clock hours on hearing loss topics, including American 
35.5 	Sign Language, American Sign Language linguistics, or deaf culture, in each licensure 
35.6 	renewal period.

35.7 	EFFECTIVE DATE. This section is effective August 1, 2013.

35.8 	Sec. 6. Minnesota Statutes 2012, section 122A.33, subdivision 3, is amended to read:
35.9 		Subd. 3.Notice of nonrenewal; opportunity to respond. A school board that 
35.10 	declines to renew the coaching contract of a licensed or nonlicensed head varsity coach 
35.11 	must notify the coach within 14 days of that decision. If the coach requests reasons for not 
35.12 	renewing the coaching contract, the board must give the coach its reasons in writing within 
35.13 	ten days of receiving the request. The existence of parent complaints must not be the sole 
35.14 	reason for a board to not renew a coaching contract. Upon request, the board must provide 
35.15 	the coach with a reasonable opportunity to respond to the reasons at a board meeting. The 
35.16 	hearing may be opened or closed at the election of the coach unless the board closes the 
35.17 	meeting under section 13D.05, subdivision 2, to discuss private data.

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

35.19 	Sec. 7. TEACHER LICENSURE ADVISORY TASK FORCE.
 35.20 	(a) A Teacher Licensure Advisory Task Force is established to make 
35.21 	recommendations to the Board of Teaching, the education commissioner, and the education 
35.22 	committees of the legislature on requirements for: teacher applicants to demonstrate 
35.23 	mastery of basic reading, writing, and mathematics skills through nationally normed 
35.24 	assessments, a basic skills portfolio, or accredited college coursework, among other 
35.25 	methods of demonstrating basic skills mastery; and an alternative licensure pathway for 
35.26 	nonnative English speakers seeking licensure to teach in a language immersion program.
35.27 	(b) Task force recommendations on how teacher candidates demonstrate basic skills 
35.28 	mastery must encompass the following criteria:
35.29 	(1) assessment content must be relevant to the teacher's subject area licensure;
35.30 	(2) the scope of assessment content must be documented in sufficient detail to 
35.31 	correspond to a similarly detailed description of relevant public school curriculum;
36.1 	(3) the scope of assessment content must be publicly available and readily accessible 
36.2 	on the Web site of the Board of Teaching and all Minnesota public teacher preparation 
36.3 	programs and institutions;
36.4 	(4) the Board of Teaching and all Minnesota public teacher preparation programs 
36.5 	and institutions, upon request, must make available to the public at cost a written review 
36.6 	of the scope of assessment content;
36.7 	(5) if applicable, the Board of Teaching and all Minnesota public teacher preparation 
36.8 	programs and institutions annually must post on their Web site up-to-date longitudinal 
36.9 	summary data showing teacher candidates' overall passing rate and the passing rate for 
36.10 	each demographic group of teacher candidates taking a basic skills assessment in that 
36.11 	school year and in previous school years;
36.12 	(6) reliable evidence showing assessment content is not culturally biased;
36.13 	(7) the Board of Teaching and all Minnesota public teacher preparation programs 
36.14 	and institutions must appropriately accommodate teacher candidates with documented 
36.15 	learning disabilities; and
36.16 	(8) if applicable, give timely, detailed feedback to teacher candidates who do not 
36.17 	pass the basic skills assessment sufficient for the candidate to target specific areas of 
36.18 	deficiency for appropriate remediation.
36.19 	(c) The Teacher Licensure Advisory Task Force shall be composed of the following 
36.20 	members:
36.21 	(1) two members of the Board of Teaching appointed by the board's executive 
36.22 	director;
36.23 	(2) two representatives from the Department of Education appointed by the 
36.24 	commissioner of education;
36.25 	(3) two house members appointed by the speaker of the house, one from the minority 
36.26 	party and one from the majority party;
36.27 	(4) two state senators appointed by the senate rules committee, one from the 
36.28 	minority party and one from the majority party;
36.29 	(5) one elementary school principal from rural Minnesota appointed by the 
36.30 	Minnesota Elementary School Principals Association and one secondary school principal 
36.31 	from the seven-county metropolitan area appointed by the Minnesota Secondary School 
36.32 	Principals Association;
36.33 	(6) one licensed and practicing public elementary school teacher and one licensed 
36.34 	and practicing secondary school teacher appointed by Education Minnesota;
36.35 	(7) one teacher preparation faculty member each from the University of Minnesota 
36.36 	system appointed by the system president, the Minnesota State Colleges and Universities 
37.1 	system appointed by the system chancellor, and the Minnesota Private Colleges and 
37.2 	Universities system appointed by the Minnesota Private Colleges Council;
37.3 	(8) one member of the Nonpublic Education Council appointed by the council; and
37.4 	(9) one representative of Minnesota charter schools appointed by the Minnesota 
37.5 	Charter Schools Association.
37.6 	(d) The executive director of the Board of Teaching and the commissioner of 
37.7 	education jointly must convene the task force by August 1, 2013. Task force members 
37.8 	are not eligible for compensation or reimbursement for expenses related to task force 
37.9 	activities. The executive director of the board and the commissioner of education must 
37.10 	provide technical assistance to task force members upon request.
37.11 	(e) By February 1, 2014, task force members must submit to the Board of Teaching, 
37.12 	the education commissioner, and the education committees of the legislature their written 
37.13 	recommendations on requirements for teacher applicants to demonstrate mastery of basic 
37.14 	reading, writing, and mathematics skills and for an alternative licensure pathway for 
37.15 	nonnative English speakers seeking licensure to teach in a language immersion program.

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

37.17 	Sec. 8. STUDENT SERVICES PERSONNEL TEAM STAFFING GRANTS.
 37.18 		Subdivision 1.Grant program established. A grant program is established to assist 
37.19 	school districts with caseloads above the established and recognized recommendations 
37.20 	or guidelines of the student service personnel professions in licensed school counseling, 
37.21 	school psychology, school nursing, school social work, and chemical dependency 
37.22 	counseling. Grants must be used to create or maintain student service personnel teams 
37.23 	to address the academic, career, personal, social, and early-onset mental health needs of 
37.24 	the students within that district.
37.25 		Subd. 2.Definitions. "Student services personnel team" means a licensed school 
37.26 	counselor, school psychologist, school nurse, school social worker, and chemical 
37.27 	dependency counselor licensed by the Board of Teaching to provide such services.
37.28 		Subd. 3.Application. The commissioner of education shall develop the form 
37.29 	and method for applying for the grants. The commissioner shall develop criteria for 
37.30 	determining the allocation of the grants. This criteria must include priority funding 
37.31 	directed to school districts in which student service personnel teams either (1) do not exist, 
37.32 	(2) need missing or additional positions of a specific student service personnel team to 
37.33 	complete the team, (3) are not normally funded or reimbursed by other sources, or (4) have 
37.34 	caseloads among specific team members in excess of 50 percent of the established and 
37.35 	recognized recommendations or guidelines of the profession.
38.1 		Subd. 4.Grant awards. To qualify for a grant, each student services personnel 
38.2 	team member must serve within the scope and practice of the established and recognized 
38.3 	capacity of their respective professions and as defined by the Board of Teaching. Grants 
38.4 	for the student services personnel team shall be used to lower the caseloads for specific 
38.5 	team member areas in order to more effectively provide direct services to kindergarten 
38.6 	through grade 12 students. Grant funding under this section must be matched by new 
38.7 	funding for the student services personnel team from the school district. The school 
38.8 	district must provide the additional funding for a two-year period or repay the grant to the 
38.9 	Department of Education.
38.10 		Subd. 5.Reports. School districts that receive grant funds shall report to the 
38.11 	commissioner of education no later than July 31 of each year regarding the impact of the 
38.12 	student services personnel team on the academic, career, personal, social, and early-onset 
38.13 	mental health needs of the students served by the team during the previous academic year. 
38.14 	The Department of Education shall develop the criteria necessary for the reports.

38.15 	Sec. 9. APPROPRIATION.
 38.16 		Subdivision 1.Department of Education. The sums indicated in this section are 
38.17 	appropriated from the general fund to the Department of Education for the fiscal years 
38.18 	designated.
38.19 		Subd. 2.Student services grants. For student services personnel team staffing 
38.20 	grants under section 8:

38.21		$
	20,000,000
	.....
	2014
	
38.22		$
	20,000,000
	.....
	2015
	
38.23 	Any balance in the first year does not cancel, but is available in the second year.

38.24 	ARTICLE 3
38.25 	SCHOOL PROGRAMS AND OPERATIONS

38.26 	Section 1. Minnesota Statutes 2012, section 120A.40, is amended to read:
38.27 	120A.40 SCHOOL CALENDAR.
38.28 	(a) Except for learning programs during summer, flexible learning year programs 
38.29 	authorized under sections 124D.12 to 124D.127, and learning year programs under section 
38.30 	124D.128, A district must not may commence an elementary or secondary school year 
38.31 	before Labor Day, except as provided under paragraph (b) it shall not hold a school day on 
38.32 	the Thursday and Friday immediately preceding Labor Day. Days devoted to teachers' 
39.1 	workshops may be held before Labor Day. Districts that enter into cooperative agreements 
39.2 	are encouraged to adopt similar school calendars.
39.3 	(b) A district may begin the school year on any day before Labor Day:
39.4 	(1) to accommodate a construction or remodeling project of $400,000 or more 
39.5 	affecting a district school facility;
39.6 	(2) if the district has an agreement under section 123A.30, 123A.32, or 123A.35 
39.7 	with a district that qualifies under clause (1); or
39.8 	(3) if the district agrees to the same schedule with a school district in an adjoining 
39.9 	state.

39.10 	EFFECTIVE DATE. This section is effective for the 2013-2014 school year and 
39.11 	later.

39.12 	Sec. 2. Minnesota Statutes 2012, section 120A.41, is amended to read:
39.13 	120A.41 LENGTH OF SCHOOL YEAR; HOURS OF INSTRUCTION.
39.14 	A school board's annual school calendar must include at least 425 hours of 
39.15 	instruction for a kindergarten student without a disability, 935 hours of instruction for a 
39.16 	student in grades 1 though 6, and 1,020 hours of instruction for a student in grades 7 
39.17 	though 12, not including summer school. Nothing in this section permits a school district 
39.18 	to adopt A school board's annual calendar must include at least 165 days of instruction 
39.19 	for a student in grades 1 through 11 unless a four-day week schedule unless has been
39.20 	 approved by the commissioner under section 124D.126.

39.21 	Sec. 3. Minnesota Statutes 2012, section 121A.22, subdivision 2, is amended to read:
39.22 		Subd. 2.Exclusions. In addition, this section does not apply to drugs or medicine 
39.23 	that are:
39.24 	(1) purchased without a prescription;
39.25 	(2) used by a pupil who is 18 years old or older;
39.26 	(3) used in connection with services for which a minor may give effective consent, 
39.27 	including section 144.343, subdivision 1, and any other law;
39.28 	(4) used in situations in which, in the judgment of the school personnel who are 
39.29 	present or available, the risk to the pupil's life or health is of such a nature that drugs or 
39.30 	medicine should be given without delay;
39.31 	(5) used off the school grounds;
39.32 	(6) used in connection with athletics or extra curricular activities;
39.33 	(7) used in connection with activities that occur before or after the regular school day;
40.1 	(8) provided or administered by a public health agency to prevent or control an 
40.2 	illness or a disease outbreak as provided for in sections 144.05 and 144.12;
40.3 	(9) prescription asthma or reactive airway disease medications self-administered by 
40.4 	a pupil with an asthma inhaler if the district has received a written authorization from the 
40.5 	pupil's parent permitting the pupil to self-administer the medication, the inhaler is properly 
40.6 	labeled for that student, and the parent has not requested school personnel to administer 
40.7 	the medication to the pupil. The parent must submit written authorization for the pupil to 
40.8 	self-administer the medication each school year; or
40.9 	(10) prescription nonsyringe injectors of epinephrine auto-injectors, consistent with 
40.10 	section 121A.2205, if the parent and prescribing medical professional annually inform the 
40.11 	pupil's school in writing that (i) the pupil may possess the epinephrine or (ii) the pupil is 
40.12 	unable to possess the epinephrine and requires immediate access to nonsyringe injectors 
40.13 	of epinephrine auto-injectors that the parent provides properly labeled to the school for 
40.14 	the pupil as needed, or consistent with section 121A.2207.

40.15 	Sec. 4. Minnesota Statutes 2012, section 121A.2205, is amended to read:
40.16 	121A.2205 POSSESSION AND USE OF NONSYRINGE INJECTORS OF
40.17 	 EPINEPHRINE AUTO-INJECTORS; MODEL POLICY.
40.18 		Subdivision 1.Definitions. As used in this section:
40.19 	(1) "administer" means the direct application of an epinephrine auto-injector to 
40.20 	the body of an individual;
40.21 	(2) "epinephrine auto-injector" means a device that automatically injects a 
40.22 	premeasured dose of epinephrine; and
40.23 	(3) "school" means a public school under section 120A.22, subdivision 4, or a 
40.24 	nonpublic school, excluding a home school, under section 120A.22, subdivision 4, that 
40.25 	is subject to the federal Americans with Disabilities Act.
40.26 		Subd. 2.Plan for use of epinephrine auto-injectors. (a) At the start of each school 
40.27 	year or at the time a student enrolls in school, whichever is first, a student's parent, school 
40.28 	staff, including those responsible for student health care, and the prescribing medical 
40.29 	professional must develop and implement an individualized written health plan for a 
40.30 	student who is prescribed nonsyringe injectors of epinephrine auto-injectors that enables 
40.31 	the student to:
40.32 	(1) possess nonsyringe injectors of epinephrine auto-injectors; or
40.33 	(2) if the parent and prescribing medical professional determine the student is unable 
40.34 	to possess the epinephrine, have immediate access to nonsyringe injectors of epinephrine 
40.35 	auto-injectors in close proximity to the student at all times during the instructional day.
41.1 	The plan must designate the school staff responsible for implementing the student's 
41.2 	health plan, including recognizing anaphylaxis and administering nonsyringe injectors of
41.3 	 epinephrine auto-injectors when required, consistent with section 121A.22, subdivision 2, 
41.4 	clause (10). This health plan may be included in a student's 504 plan.
41.5 	(b) A school under this section is a public school under section 120A.22, subdivision 
41.6 	4, or a nonpublic school, excluding a home school, under section 120A.22, subdivision 4, 
41.7 	that is subject to the federal Americans with Disabilities Act. Other nonpublic schools are 
41.8 	encouraged to develop and implement an individualized written health plan for students 
41.9 	requiring nonsyringe injectors of epinephrine auto-injectors, consistent with this section 
41.10 	and section 121A.22, subdivision 2, clause (10).
41.11 	(c) A school district and its agents and employees are immune from liability for any 
41.12 	act or failure to act, made in good faith, in implementing this section.
41.13 	(d) The education commissioner may develop and transmit to interested schools a 
41.14 	model policy and individualized health plan form consistent with this section and federal 
41.15 	504 plan requirements. The policy and form may:
41.16 	(1) assess a student's ability to safely possess nonsyringe injectors of epinephrine
41.17 	 auto-injectors;
41.18 	(2) identify staff training needs related to recognizing anaphylaxis and administering 
41.19 	epinephrine when needed;
41.20 	(3) accommodate a student's need to possess or have immediate access to nonsyringe 
41.21 	injectors of epinephrine auto-injectors in close proximity to the student at all times during 
41.22 	the instructional day; and
41.23 	(4) ensure that the student's parent provides properly labeled nonsyringe injectors of 
41.24 	epinephrine auto-injectors to the school for the student as needed.
41.25 	(e) Additional nonsyringe injectors of epinephrine auto-injectors may be available in 
41.26 	school first aid kits.
41.27 	(f) The school board of the school district must define instructional day for the 
41.28 	purposes of this section.

41.29 	Sec. 5. [121A.2207] LIFE-THREATENING ALLERGIES IN SCHOOLS; 
41.30 	GUIDELINES; STOCK SUPPLY OF EPINEPHRINE AUTO-INJECTORS; 
41.31 	EMERGENCY ADMINISTRATION.
41.32 		Subdivision 1.Districts and schools permitted to maintain supply. (a) 
41.33 	Notwithstanding section 151.37, districts and schools may obtain and possess epinephrine 
41.34 	auto-injectors to be maintained and administered according to this section. A district or 
41.35 	school may maintain a stock supply of epinephrine auto-injectors.
42.1 	(b) For purposes of this section, "district" means a district as defined under section 
42.2 	121A.41, subdivision 3, or a school site or facility within the district, and "school" means 
42.3 	a charter school as defined under section 124D.10.
42.4 		Subd. 2.Use of supply. (a) A district or school may authorize school nurses and 
42.5 	other designated school personnel trained under this section to administer an epinephrine 
42.6 	auto-injector to any student or other individual based on guidelines under subdivision 4, 
42.7 	regardless of whether the student or other individual has a prescription for an epinephrine 
42.8 	auto-injector if:
42.9 	(1) the school nurse or designated person believes in good faith that an individual 
42.10 	is experiencing anaphylaxis; and
42.11 	(2) the person experiencing anaphylaxis is on school premises or off school premises 
42.12 	at a school-sponsored event.
42.13 	(b) The administration of an epinephrine auto-injector in accordance with this 
42.14 	section is not the practice of medicine.
42.15 		Subd. 3.Arrangements with manufacturers. A district or school may enter into 
42.16 	arrangements with manufacturers of epinephrine auto-injectors to obtain epinephrine 
42.17 	auto-injectors at fair-market, free, or reduced prices. A third party, other than a 
42.18 	manufacturer or supplier, may pay for a school's supply of epinephrine auto-injectors.
42.19 		Subd. 4.District and school policies required for use of epinephrine 
42.20 	auto-injector.  A district or school permitting administration of epinephrine auto-injectors 
42.21 	pursuant to subdivision 2 shall develop guidelines in a manner consistent with section 
42.22 	121A.22, subdivision 4, and plan for implementation of the guidelines, which shall 
42.23 	include: (1) annual education and training for designated school personnel on the 
42.24 	management of students with life-threatening allergies, including training related to 
42.25 	the administration of an epinephrine auto-injector; (2) procedures for identification of 
42.26 	anaphylaxis and responding to life-threatening allergic reactions; and (3) a plan to ensure 
42.27 	that epinephrine auto-injectors maintained at the school are not expired. In developing the 
42.28 	guidelines, the district or school must consider applicable model rules and include input 
42.29 	from interested community stakeholders. The guidelines must include a requirement to call 
42.30 	emergency medical services and inform the individual's parent, guardian, or emergency 
42.31 	contact when an epinephrine auto-injector is administered. Each district and school shall 
42.32 	make the guidelines and plan available on its Web site, or if such Web sites do not exist, 
42.33 	make the plan publicly available through other practicable means as determined by the 
42.34 	district or school. Upon request, a printed copy of the guidelines and plan must be made 
42.35 	available at no charge. Each district and school shall maintain a log of each incident at a 
42.36 	school or related school event involving the administration of an epinephrine auto-injector.

43.1 	Sec. 6. Minnesota Statutes 2012, section 123B.88, subdivision 22, is amended to read:
43.2 		Subd. 22.Postsecondary enrollment options pupils. Districts may provide bus 
43.3 	transportation along school bus routes when space is available, for pupils attending 
43.4 	programs at a postsecondary institution under the postsecondary enrollment options 
43.5 	program. The transportation is permitted only if it does not increase the district's 
43.6 	expenditures for transportation. Fees collected for this service under section 123B.36, 
43.7 	subdivision 1, paragraph (13), shall be subtracted from the authorized cost for nonregular 
43.8 	transportation for the purpose of section 123B.92. A school district may provide 
43.9 	transportation for a pupil participating in an articulated program operated under an 
43.10 	agreement between the school district and the postsecondary institution.

43.11 	Sec. 7. Minnesota Statutes 2012, section 123B.92, subdivision 1, is amended to read:
43.12 		Subdivision 1.Definitions. For purposes of this section and section 125A.76, the 
43.13 	terms defined in this subdivision have the meanings given to them.
43.14 	(a) "Actual expenditure per pupil transported in the regular and excess transportation 
43.15 	categories" means the quotient obtained by dividing:
43.16 	(1) the sum of:
43.17 	(i) all expenditures for transportation in the regular category, as defined in paragraph 
43.18 	(b), clause (1), and the excess category, as defined in paragraph (b), clause (2), plus
43.19 	(ii) an amount equal to one year's depreciation on the district's school bus fleet 
43.20 	and mobile units computed on a straight line basis at the rate of 15 percent per year for 
43.21 	districts operating a program under section 124D.128 for grades 1 to 12 for all students in 
43.22 	the district and 12-1/2 percent per year for other districts of the cost of the fleet, plus
43.23 	(iii) an amount equal to one year's depreciation on the district's type III vehicles, as 
43.24 	defined in section 169.011, subdivision 71, which must be used a majority of the time for 
43.25 	pupil transportation purposes, computed on a straight line basis at the rate of 20 percent 
43.26 	per year of the cost of the type three school buses by:
43.27 	(2) the number of pupils eligible for transportation in the regular category, as defined 
43.28 	in paragraph (b), clause (1), and the excess category, as defined in paragraph (b), clause (2).
43.29 	(b) "Transportation category" means a category of transportation service provided to 
43.30 	pupils as follows:
43.31 	(1) Regular transportation is:
43.32 	(i) transportation to and from school during the regular school year for resident 
43.33 	elementary pupils residing one mile or more from the public or nonpublic school they 
43.34 	attend, and resident secondary pupils residing two miles or more from the public 
43.35 	or nonpublic school they attend, excluding desegregation transportation and noon 
44.1 	kindergarten transportation; but with respect to transportation of pupils to and from 
44.2 	nonpublic schools, only to the extent permitted by sections 123B.84 to 123B.87;
44.3 	(ii) transportation of resident pupils to and from language immersion programs;
44.4 	(iii) transportation of a pupil who is a custodial parent and that pupil's child between 
44.5 	the pupil's home and the child care provider and between the provider and the school, if 
44.6 	the home and provider are within the attendance area of the school;
44.7 	(iv) transportation to and from or board and lodging in another district, of resident 
44.8 	pupils of a district without a secondary school; and
44.9 	(v) transportation to and from school during the regular school year required under 
44.10 	subdivision 3 for nonresident elementary pupils when the distance from the attendance 
44.11 	area border to the public school is one mile or more, and for nonresident secondary pupils 
44.12 	when the distance from the attendance area border to the public school is two miles or 
44.13 	more, excluding desegregation transportation and noon kindergarten transportation.
44.14 	For the purposes of this paragraph, a district may designate a licensed day care facility, 
44.15 	school day care facility, respite care facility, the residence of a relative, or the residence 
44.16 	of a person or other location chosen by the pupil's parent or guardian, or an after-school 
44.17 	program for children operated by a political subdivision of the state, as the home of a pupil 
44.18 	for part or all of the day, if requested by the pupil's parent or guardian, and if that facility, 
44.19 	residence, or program is within the attendance area of the school the pupil attends.
44.20 	(2) Excess transportation is:
44.21 	(i) transportation to and from school during the regular school year for resident 
44.22 	secondary pupils residing at least one mile but less than two miles from the public or 
44.23 	nonpublic school they attend, and transportation to and from school for resident pupils 
44.24 	residing less than one mile from school who are transported because of full-service school 
44.25 	zones, extraordinary traffic, drug, or crime hazards; and
44.26 	(ii) transportation to and from school during the regular school year required under 
44.27 	subdivision 3 for nonresident secondary pupils when the distance from the attendance area 
44.28 	border to the school is at least one mile but less than two miles from the public school 
44.29 	they attend, and for nonresident pupils when the distance from the attendance area border 
44.30 	to the school is less than one mile from the school and who are transported because of 
44.31 	full-service school zones, extraordinary traffic, drug, or crime hazards.
44.32 	(3) Desegregation transportation is transportation within and outside of the district 
44.33 	during the regular school year of pupils to and from schools located outside their normal 
44.34 	attendance areas under a plan for desegregation mandated by the commissioner or under 
44.35 	court order.
44.36 	(4) "Transportation services for pupils with disabilities" is:
45.1 	(i) transportation of pupils with disabilities who cannot be transported on a regular 
45.2 	school bus between home or a respite care facility and school;
45.3 	(ii) necessary transportation of pupils with disabilities from home or from school to 
45.4 	other buildings, including centers such as developmental achievement centers, hospitals, 
45.5 	and treatment centers where special instruction or services required by sections 125A.03 
45.6 	to 125A.24, 125A.26 to 125A.48, and 125A.65 are provided, within or outside the district 
45.7 	where services are provided;
45.8 	(iii) necessary transportation for resident pupils with disabilities required by sections 
45.9 	125A.12, and 125A.26 to 125A.48;
45.10 	(iv) board and lodging for pupils with disabilities in a district maintaining special 
45.11 	classes;
45.12 	(v) transportation from one educational facility to another within the district for 
45.13 	resident pupils enrolled on a shared-time basis in educational programs, and necessary 
45.14 	transportation required by sections 125A.18, and 125A.26 to 125A.48, for resident pupils 
45.15 	with disabilities who are provided special instruction and services on a shared-time basis 
45.16 	or if resident pupils are not transported, the costs of necessary travel between public 
45.17 	and private schools or neutral instructional sites by essential personnel employed by the 
45.18 	district's program for children with a disability;
45.19 	(vi) transportation for resident pupils with disabilities to and from board and lodging 
45.20 	facilities when the pupil is boarded and lodged for educational purposes;
45.21 	(vii) transportation of pupils for a curricular field trip activity on a school bus 
45.22 	equipped with a power lift when the power lift is required by a student's disability or 
45.23 	section 504 plan; and
45.24 	(viii) services described in clauses (i) to (vii), when provided for pupils with 
45.25 	disabilities in conjunction with a summer instructional program that relates to the 
45.26 	pupil's individualized education program or in conjunction with a learning year program 
45.27 	established under section 124D.128.
45.28 	For purposes of computing special education initial aid under section 125A.76, 
45.29 	subdivision 2, the cost of providing transportation for children with disabilities includes 
45.30 	(A) the additional cost of transporting a homeless student from a temporary nonshelter 
45.31 	home in another district to the school of origin, or a formerly homeless student from a 
45.32 	permanent home in another district to the school of origin but only through the end of 
45.33 	the academic year; and (B) depreciation on district-owned school buses purchased after 
45.34 	July 1, 2005, and used primarily for transportation of pupils with disabilities, calculated 
45.35 	according to paragraph (a), clauses (ii) and (iii). Depreciation costs included in the 
45.36 	disabled transportation category must be excluded in calculating the actual expenditure 
46.1 	per pupil transported in the regular and excess transportation categories according to 
46.2 	paragraph (a). For purposes of subitem (A), a school district may transport a child who 
46.3 	does not have a school of origin to the same school attended by that child's sibling, if 
46.4 	the siblings are homeless.
46.5 	(5) "Nonpublic nonregular transportation" is:
46.6 	(i) transportation from one educational facility to another within the district for 
46.7 	resident pupils enrolled on a shared-time basis in educational programs, excluding 
46.8 	transportation for nonpublic pupils with disabilities under clause (4);
46.9 	(ii) transportation within district boundaries between a nonpublic school and a 
46.10 	public school or a neutral site for nonpublic school pupils who are provided pupil support 
46.11 	services pursuant to section 123B.44; and
46.12 	(iii) late transportation home from school or between schools within a district for 
46.13 	nonpublic school pupils involved in after-school activities.
46.14 	(c) "Mobile unit" means a vehicle or trailer designed to provide facilities for 
46.15 	educational programs and services, including diagnostic testing, guidance and counseling 
46.16 	services, and health services. A mobile unit located off nonpublic school premises is a 
46.17 	neutral site as defined in section 123B.41, subdivision 13.

46.18 	EFFECTIVE DATE. This section is effective July 1, 2013.

46.19 	Sec. 8. Minnesota Statutes 2012, section 124D.122, is amended to read:
46.20 	124D.122 ESTABLISHMENT OF FLEXIBLE LEARNING YEAR PROGRAM.
46.21 	The board of any district or a consortium of districts, with the approval of the 
46.22 	commissioner, may establish and operate a flexible learning year program in one or 
46.23 	more of the day or residential facilities for children with a disability within the district.
46.24 	 Consortiums may use a single application and evaluation process, though results, public 
46.25 	hearings, and board approvals must be obtained for each district.

46.26 	Sec. 9. Minnesota Statutes 2012, section 124D.59, subdivision 2, is amended to read:
46.27 		Subd. 2.English learner. (a) "English learner" means a pupil in kindergarten 
46.28 	through grade 12 who meets the following requirements:
46.29 	(1) the pupil, as declared by a parent or guardian first learned a language other than 
46.30 	English, comes from a home where the language usually spoken is other than English, or 
46.31 	usually speaks a language other than English; and
46.32 	(2) the pupil is determined by developmentally appropriate measures, which might 
46.33 	include observations, teacher judgment, parent recommendations, or developmentally 
47.1 	appropriate assessment instruments that measure the pupil's emerging academic English 
47.2 	and are aligned to state standards for English language development defined in rule, to 
47.3 	lack the necessary English skills to participate fully in classes taught in English.
47.4 	(b) Notwithstanding paragraph (a), a pupil in grades 4 through 12 who was enrolled 
47.5 	in a Minnesota public school on the dates during the previous school year when a 
47.6 	commissioner provided assessment that measures the pupil's emerging academic English 
47.7 	was administered, shall not be counted as an English learner in calculating English learner 
47.8 	pupil units under section 126C.05, subdivision 17, and shall not generate state English 
47.9 	learner aid under section 124D.65, subdivision 5, unless the pupil scored below the state 
47.10 	cutoff score or is otherwise counted as a nonproficient participant on an assessment 
47.11 	measuring emerging academic English provided by the commissioner during the previous 
47.12 	school year.
47.13 	(c) Notwithstanding paragraphs (a) and (b), a pupil in kindergarten through grade 
47.14 	12 shall not be counted as an English learner in calculating English learner pupil units 
47.15 	under section 126C.05, subdivision 17, and shall not generate state English learner aid 
47.16 	under section 124D.65, subdivision 5, if:
47.17 	(1) the pupil is not enrolled during the current fiscal year in an educational program 
47.18 	for English learners in accordance with sections 124D.58 to 124D.64; or
47.19 	(2) the pupil has generated five seven or more years of average daily membership in 
47.20 	Minnesota public schools since July 1, 1996.

47.21 	EFFECTIVE DATE. This section is effective for revenue for fiscal year 2014 
47.22 	and later.

47.23 	Sec. 10. Minnesota Statutes 2012, section 124D.61, is amended to read:
47.24 	124D.61 GENERAL REQUIREMENTS FOR PROGRAMS.
47.25 	A district that enrolls one or more English learners must implement an educational 
47.26 	program that includes at a minimum the following requirements:
47.27 	(1) identification, program entrance, and reclassification criteria for English learners 
47.28 	and program entrance and exit criteria for English learners must be documented by the 
47.29 	district, applied uniformly to English learners, and made available to parents and other 
47.30 	stakeholders upon request;
47.31 	(2) a written plan of services that describes programming by English proficiency level 
47.32 	made available to parents upon request. The plan must articulate the amount and scope of 
47.33 	service offered to English learners through an educational program for English learners;
48.1 	(3) professional development opportunities for ESL, bilingual education, 
48.2 	mainstream, and all staff working with English learners which are: (i) coordinated with 
48.3 	the district's professional development activities; (ii) related to the needs of English 
48.4 	learners; and (iii) ongoing;
48.5 	(4) to the extent possible, avoid isolating English learners for a substantial part of 
48.6 	the school day; and
48.7 	(5) in predominantly nonverbal subjects, such as art, music, and physical education, 
48.8 	permit English learners to participate fully and on an equal basis with their contemporaries 
48.9 	in public school classes provided for these subjects. To the extent possible, the district 
48.10 	must assure to pupils enrolled in a program for English learners an equal and meaningful 
48.11 	opportunity to participate fully with other pupils in all extracurricular activities.
48.12 	The exit criteria under clause (1) must be equivalent to the emerging academic English 
48.13 	measures on state assessments for English language development.

48.14 	Sec. 11. Minnesota Statutes 2012, section 124D.79, subdivision 1, is amended to read:
48.15 		Subdivision 1.Community involvement. The commissioner must provide for the 
48.16 	maximum involvement of the state committees on American Indian education, parents 
48.17 	of American Indian children, secondary students eligible to be served, American Indian 
48.18 	language and culture education teachers, American Indian teachers, teachers' aides, 
48.19 	representatives of community groups, and persons knowledgeable in the field of American 
48.20 	Indian education, in the formulation of policy and procedures relating to the administration 
48.21 	of sections 124D.71 to 124D.82. The commissioner must annually hold a field hearing on 
48.22 	American Indian education to gather input from American Indian educators, parents, and 
48.23 	students on the state of American Indian education in Minnesota. Results of the hearing 
48.24 	must be made available to all 11 tribal nations for review and comment.

48.25 	Sec. 12. Minnesota Statutes 2012, section 124D.79, is amended by adding a 
48.26 	subdivision to read:
48.27 		Subd. 4.Consultation with the Tribal Nations Education Committee. (a) The 
48.28 	commissioner shall seek consultation with the Tribal Nations Education Committee on all 
48.29 	issues relating to American Indian education including:
48.30 	(1) administration of the commissioner's duties under sections 124D.71 to 124D.82 
48.31 	and other programs;
48.32 	(2) administration of other programs for the education of American Indian people, as 
48.33 	determined by the commissioner;
48.34 	(3) awarding of scholarships to eligible American Indian students;
49.1 	(4) administration of the commissioner's duties regarding awarding of American 
49.2 	Indian postsecondary preparation grants to school districts; and
49.3 	(5) recommendations of education policy changes for American Indians.
49.4 	(b) Membership in the Tribal Nations Education Committee is the sole discretion 
49.5 	of the committee and nothing in this subdivision gives the commissioner authority to 
49.6 	dictate committee membership.

49.7 	Sec. 13. [124D.791] INDIAN EDUCATION DIRECTOR.
49.8 		Subdivision 1.Appointment. An Indian education director shall be appointed by 
49.9 	the commissioner.
49.10 		Subd. 2.Qualifications. The commissioner shall select the Indian education 
49.11 	director on the basis of outstanding professional qualifications and knowledge of 
49.12 	American Indian education, culture, practices, and beliefs. The Indian education director 
49.13 	serves in the unclassified service. The commissioner may remove the Indian education 
49.14 	director for cause. The commissioner is encouraged to seek qualified applicants who 
49.15 	are enrolled members of a tribe.
49.16 		Subd. 3.Compensation. Compensation of the Indian education director shall be 
49.17 	established under chapter 15A.
49.18 		Subd. 4.Duties; powers. (a) The Indian education director shall:
49.19 	(1) serve as the liaison for the department with the Tribal Nations Education 
49.20 	Committee, the 11 reservations, the Minnesota Chippewa tribe, the Minnesota Indian 
49.21 	Affairs Council, and the Urban Indian Advisory Council;
49.22 	(2) evaluate the state of American Indian education in Minnesota;
49.23 	(3) engage the tribal bodies, community groups, parents of children eligible to 
49.24 	be served by Indian education programs, American Indian administrators and teachers, 
49.25 	persons experienced in the training of teachers for American Indian education programs, 
49.26 	the tribally controlled schools, and other persons knowledgeable in the field of American 
49.27 	Indian education and seek their advice on policies that can improve the quality of 
49.28 	American Indian education;
49.29 	(4) advise the commissioner on the American Indian education issues, including:
49.30 	(i) issues facing American Indian students;
49.31 	(ii) policies for American Indian education;
49.32 	(iii) awarding scholarships to eligible American Indian students and in administering 
49.33 	the commissioner's duties regarding awarding of American Indian postsecondary 
49.34 	preparation grants to school districts; and
50.1 	(iv) administration of the commissioner's duties under sections 124D.71 to 124D.82 
50.2 	and other programs for the education of American Indian people;
50.3 	(5) propose to the commissioner legislative changes that will improve the quality 
50.4 	of American Indian education;
50.5 	(6) develop a strategic plan and a long-term framework for American Indian 
50.6 	education, in conjunction with the Minnesota Indian Affairs Council, that is updated every 
50.7 	five years and implemented by the commissioner, with goals to:
50.8 	(i) increase American Indian student achievement, including increased levels of 
50.9 	proficiency and growth on statewide accountability assessments;
50.10 	(ii) increase the number of American Indian teachers in public schools;
50.11 	(iii) close the achievement gap between American Indian students and their more 
50.12 	advantaged peers;
50.13 	(iv) increase the statewide graduation rate for American Indian students; and
50.14 	(v) increase American Indian student placement in postsecondary programs and 
50.15 	the workforce; and
50.16 	(7) keep the American Indian community informed about the work of the department 
50.17 	by reporting to the Tribal Nations Education Committee at each committee meeting.

50.18 	Sec. 14. [124D.861] ACHIEVEMENT AND INTEGRATION FOR MINNESOTA.
50.19 		Subdivision 1.Program to close the academic achievement and opportunity 
50.20 	gap. The "Achievement and Integration for Minnesota" program is established to 
50.21 	promote diversity, pursue racial and economic integration, and increase student academic 
50.22 	achievement and equitable educational opportunities in Minnesota public schools. The 
50.23 	program must serve students of varying racial, ethnic, and economic backgrounds, taking 
50.24 	into account unique geographic and demographic particularities affecting students, 
50.25 	schools, and districts including race, neighborhood locations and characteristics, grades, 
50.26 	socioeconomic status, academic performance, and language barriers. Eligible districts 
50.27 	must use the revenue under section 124D.862 to pursue racial and economic integration in 
50.28 	schools through: (1) in-school educational practices and integrated learning environments 
50.29 	created to prepare all students to be effective citizens, enhance social cohesion, and 
50.30 	reinforce democratic values; and (2) corresponding and meaningful policies and curricula 
50.31 	and trained instructors, administrators, school counselors, and other advocates who 
50.32 	support and enhance in-school practices and integrated learning environments under this 
50.33 	section. In-school practices and integrated learning environments must promote increased 
50.34 	student academic achievement, cultural fluency, graduation and educational attainment 
50.35 	rates, and parent involvement.
51.1 		Subd. 2.Plan components. (a) The school board of each eligible district must 
51.2 	formally develop and implement a long-term comprehensive plan that identifies the 
51.3 	collaborative structures and systems, in-school strategies, inclusive best educational 
51.4 	practices, and partnerships with higher education institutions and industries required 
51.5 	to effect this section and increase the academic achievement of all students. Plan 
51.6 	components may include: innovative and integrated prekindergarten through grade 12 
51.7 	learning environments that offer students school enrollment choices; family engagement 
51.8 	initiatives that involve families in their students' academic life and success; professional 
51.9 	development opportunities for teachers and administrators focused on improving the 
51.10 	academic achievement of all students; increased programmatic opportunities focused 
51.11 	on rigor and college and career readiness for underserved students, including students 
51.12 	enrolled in alternative learning centers under section 123A.05, public alternative programs 
51.13 	under section 126C.05, subdivision 15, or contract alternative programs under section 
51.14 	124D.69, among other underserved students; or recruitment and retention of teachers and 
51.15 	administrators with diverse backgrounds. The plan must specify district and school goals 
51.16 	for reducing the disparity in academic achievement among all racial and ethnic categories of 
51.17 	students and promoting racial and economic integration in schools and districts over time.
51.18 	(b) Among other requirements, an eligible district must implement a cost-effective, 
51.19 	research-based intervention that includes formative assessment practices to reduce the 
51.20 	disparity in student academic achievement between the highest and lowest performing 
51.21 	racial and ethnic categories of students as measured by student demonstration of 
51.22 	proficiency on state reading and math assessments.
51.23 	(c) Eligible districts must collaborate in creating efficiencies and eliminating the 
51.24 	duplication of programs and services under this section, which may include forming a 
51.25 	single, seven-county metropolitan areawide partnership of eligible districts for this purpose.
51.26 		Subd. 3.Biennial progress; budget process. (a) To receive revenue under section 
51.27 	124D.862, the school board of an eligible district must hold at least one formal hearing by 
51.28 	March 1 in the year preceding the current biennium to report to the public its progress in 
51.29 	realizing the goals identified in its plan.  At the hearing, the board must provide the public 
51.30 	with longitudinal data demonstrating district and school progress in reducing the disparity 
51.31 	in student academic achievement among all racial and ethnic categories of students and 
51.32 	realizing racial and economic integration, consistent with its plan and the measures in 
51.33 	paragraph (b). At least 30 days before the formal hearing under this paragraph, the 
51.34 	board must post on the district Web site, in an understandable, readily accessible format, 
51.35 	up-to-date longitudinal data on district and school progress in reducing disparities in 
51.36 	students' academic achievement, consistent with this subdivision. The district also must 
52.1 	submit to the commissioner by March 1 in the year preceding the current biennium a 
52.2 	detailed biennial budget for continuing to implement its plan and the commissioner must 
52.3 	review and approve or disapprove the budget by June 1 of that year.
52.4 	(b) The longitudinal data required under paragraph (a) must be based on one or 
52.5 	more of the following measures:
52.6 	(1) the number of world language proficiency or high achievement certificates 
52.7 	awarded under section 120B.022, subdivision 1, paragraphs (b) and (c);
52.8 	(2) student growth and progress toward proficiency in reading or mathematics as 
52.9 	defined under section 120B.299;
52.10 	(3) adequate yearly progress under section 120B.35, subdivision 2;
52.11 	(4) preparation for postsecondary academic and career opportunities under section 
52.12 	120B.35, subdivision 3, paragraph (c), clause (1);
52.13 	(5) rigorous coursework completed under section 120B.35, subdivision 3, paragraph 
52.14 	(c), clause (2); or
52.15 	(6) school safety and students' engagement and connection at school under section 
52.16 	120B.35, subdivision 3, paragraph (d).
52.17 		Subd. 4.Evaluation. The commissioner must evaluate the efficacy of district 
52.18 	plans in reducing the disparity in student academic achievement among all racial and 
52.19 	ethnic categories of students and realizing racial and economic integration and report the 
52.20 	commissioner's findings to the K-12 education committees of the legislature by February 1 
52.21 	every fourth year beginning February 1, 2017.

52.22 	EFFECTIVE DATE. This section is effective for fiscal year 2014 and later.

52.23 	Sec. 15. [124D.862] ACHIEVEMENT AND INTEGRATION REVENUE.
52.24 		Subdivision 1.Eligibility. A school district is eligible for achievement and 
52.25 	integration revenue under this section if the district has a biennial achievement and 
52.26 	integration plan approved by the department under section 124D.861.
52.27 		Subd. 2.Achievement and integration revenue. (a) An eligible district's initial 
52.28 	achievement and integration revenue equals the sum of (1) $....... per pupil unit plus (2) 
52.29 	$....... times district's pupil units for that year times the ratio of the district's enrollment of 
52.30 	protected students to total enrollment for the previous school year.
52.31 	(b) In each year, .02 percent of each district's initial achievement and integration 
52.32 	revenue is transferred to the Department of Education for the oversight and accountability 
52.33 	activities required under this section and section 124D.861.
53.1 	(c) A district that did not meet its achievement goals established in section 124D.861 
53.2 	for the previous biennium must have its initial achievement and integration revenue 
53.3 	reduced by ....... percent for the current year.
53.4 	(d) Any revenue saved by the reductions in paragraph (c) must be proportionately 
53.5 	reallocated on a per pupil basis to all districts that met their achievement goals in the 
53.6 	previous biennium.
53.7 		Subd. 3.Achievement and integration aid. A district's achievement and 
53.8 	integration aid equals 70 percent of its achievement and integration revenue.
53.9 		Subd. 4.Achievement and integration levy. A district's achievement and 
53.10 	integration levy equals the difference between its achievement and integration revenue 
53.11 	and its achievement and integration aid.
53.12 		Subd. 5.Incentive revenue. An eligible school district's maximum incentive 
53.13 	revenue equals $....... per pupil unit. In order to receive this revenue, a district must be 
53.14 	implementing a voluntary plan to reduce racial enrollment disparities through intradistrict 
53.15 	and interdistrict activities that have been approved as a part of the district's achievement 
53.16 	and integration plan.
53.17 		Subd. 6.Revenue reserved. Integration revenue received under this section must 
53.18 	be reserved and used only for the programs authorized in subdivision 7.
53.19 		Subd. 7.Revenue uses. At least 80 percent of a district's achievement and 
53.20 	integration revenue received under this section must be used for innovative and integrated 
53.21 	learning environments, family engagement activities, and other approved programs 
53.22 	providing direct services to students. Up to 20 percent of the revenue may be used for 
53.23 	professional development and staff development activities and not more than ten percent 
53.24 	of this share of the revenue may be used for administrative expenditures.

53.25 	EFFECTIVE DATE. This section is effective for revenue for fiscal year 2014 
53.26 	and later.

53.27 	Sec. 16. Minnesota Statutes 2012, section 126C.10, subdivision 14, is amended to read:
53.28 		Subd. 14.Uses of total operating capital revenue. Total operating capital revenue 
53.29 	may be used only for the following purposes:
53.30 	(1) to acquire land for school purposes;
53.31 	(2) to acquire or construct buildings for school purposes;
53.32 	(3) to rent or lease buildings, including the costs of building repair or improvement 
53.33 	that are part of a lease agreement;
53.34 	(4) to improve and repair school sites and buildings, and equip or reequip school 
53.35 	buildings with permanent attached fixtures, including library media centers;
54.1 	(5) for a surplus school building that is used substantially for a public nonschool 
54.2 	purpose;
54.3 	(6) to eliminate barriers or increase access to school buildings by individuals with a 
54.4 	disability;
54.5 	(7) to bring school buildings into compliance with the State Fire Code adopted 
54.6 	according to chapter 299F;
54.7 	(8) to remove asbestos from school buildings, encapsulate asbestos, or make 
54.8 	asbestos-related repairs;
54.9 	(9) to clean up and dispose of polychlorinated biphenyls found in school buildings;
54.10 	(10) to clean up, remove, dispose of, and make repairs related to storing heating fuel 
54.11 	or transportation fuels such as alcohol, gasoline, fuel oil, and special fuel, as defined 
54.12 	in section 296A.01;
54.13 	(11) for energy audits for school buildings and to modify buildings if the audit 
54.14 	indicates the cost of the modification can be recovered within ten years;
54.15 	(12) to improve buildings that are leased according to section 123B.51, subdivision 4;
54.16 	(13) to pay special assessments levied against school property but not to pay 
54.17 	assessments for service charges;
54.18 	(14) to pay principal and interest on state loans for energy conservation according to 
54.19 	section 216C.37 or loans made under the Douglas J. Johnson Economic Protection Trust 
54.20 	Fund Act according to sections 298.292 to 298.298;
54.21 	(15) to purchase or lease interactive telecommunications equipment;
54.22 	(16) by board resolution, to transfer money into the debt redemption fund to: (i) 
54.23 	pay the amounts needed to meet, when due, principal and interest payments on certain 
54.24 	obligations issued according to chapter 475; or (ii) pay principal and interest on debt 
54.25 	service loans or capital loans according to section 126C.70;
54.26 	(17) to pay operating capital-related assessments of any entity formed under a 
54.27 	cooperative agreement between two or more districts;
54.28 	(18) to purchase or lease computers and related materials hardware, initial purchase 
54.29 	of related software, but not annual licensing fees, copying machines, telecommunications 
54.30 	equipment, and other noninstructional equipment;
54.31 	(19) to purchase or lease assistive technology or equipment for instructional 
54.32 	programs;
54.33 	(20) to purchase textbooks as defined in section 123B.41, subdivision 2;
54.34 	(21) to purchase new and replacement library media resources or technology;
54.35 	(22) to lease or purchase vehicles;
55.1 	(23) to purchase or lease telecommunications equipment, computers, and related 
55.2 	equipment for integrated information management systems for:
55.3 	(i) managing and reporting learner outcome information for all students under a 
55.4 	results-oriented graduation rule;
55.5 	(ii) managing student assessment, services, and achievement information required 
55.6 	for students with individualized education programs; and
55.7 	(iii) other classroom information management needs;
55.8 	(24) to pay personnel costs directly related to the acquisition, operation, and 
55.9 	maintenance of telecommunications systems, computers, related equipment, and network 
55.10 	and applications software; and
55.11 	(25) to pay the costs directly associated with closing a school facility, including 
55.12 	moving and storage costs.

55.13 	Sec. 17. TRANSFER OF LANDS; RED LAKE SCHOOL DISTRICT.
 55.14 		Subdivision 1.Conveyance. A conveyance of right, title, and interest in Parcels A, 
55.15 	B, and C, described in subdivision 2, and all improvements thereon, from Independent 
55.16 	School District No. 38, Red Lake, to the Red Lake Band of Chippewa Indians is not a sale 
55.17 	within the meaning of Minnesota Statutes, section 16A.695, provided:
55.18 	(1) the tax-exempt status of any bonds previously issued is not compromised by 
55.19 	the conveyance;
55.20 	(2) the Red Lake Band of Chippewa Indians leases Parcels A, B, and C, and all 
55.21 	buildings thereon to Independent School District No. 38, Red Lake, for a term that is at 
55.22 	least 125 percent of the useful life of the bond-financed improvements; and
55.23 	(3) the conveyance is approved by Independent School District No. 38, Red Lake.
55.24 		Subd. 2.Land descriptions. (a) Parcel A is described as follows:
55.25 	Located in Lots 1 and 2, Section 21, Township 151 North, Range 34 West, 
55.26 	Minnesota, and described as follows: commencing at a point which is the intersection of a 
55.27 	projection of the center line of B Street and the north edge of Minnesota State Highway 
55.28 	No. 1; thence North 78 degrees East along the north edge of Highway No. 1 750 feet to 
55.29 	point of beginning; thence North 78 degrees East a distance of 675 feet; thence North 12 
55.30 	degrees West 1,160 feet; thence South 78 degrees West a distance of 675 feet; thence South 
55.31 	12 degrees East 1,160 feet to point of beginning, containing 17.98 acres, more or less.
55.32 	Reserving, however, to the United States, all mineral deposits in the above-described 
55.33 	land, together with the right to prospect for and remove such deposits under rules and 
55.34 	regulations prescribed by the Secretary of the Interior.
55.35 	(b) Parcel B is described as follows:
56.1 	That part of Government Lot 3, Section 5, Township 152 North, Range 33 West, 
56.2 	described as follows:
56.3 	Beginning at the closing section corner common to Sections 5 and 6, located on the 
56.4 	13th Standard Parallel and a distance of 1,108.8 feet West of the south quarter corner of 
56.5 	Section 32, which is a 3/4" pipe 24" long; thence on a bearing of South 0 degrees 33 
56.6 	minutes East along existing fence line a distance of 116.0 feet to top of bank on shore line 
56.7 	of Red Lake and approximately 50 feet from shore of said lake where a 3/4" pipe 24" 
56.8 	long was placed by a fence post at top of bank; thence meander along top of said bank 
56.9 	on a bearing of North 73 degrees 45 minutes East, a distance of 1,040 feet, more or less, 
56.10 	approximately 50 feet from shore line of said Red Lake, with all riparian rights reserved 
56.11 	between these two corners; thence on a bearing of North 1 degree 15 minutes East a 
56.12 	distance of 160 feet; thence North 89 degrees 8 minutes West, a distance of 210 feet; 
56.13 	thence North 1 degree 15 minutes East a distance of 320 feet; thence due West a distance 
56.14 	of 369.0 feet to a 3/4" pipe 24" long; thence on a bearing of North 0 degrees 33 minutes 
56.15 	West a distance of 330.0 feet to a 3/4" pipe 24" long and set at west corner post of entrance 
56.16 	and on fence line running westerly; thence due West a distance of 435.8 feet to point of 
56.17 	beginning, containing 17.62 acres, more or less.
56.18 	Subject to road right-of-way from a point on west line of above-described property 
56.19 	and 450.0 feet South of section corner common to Sections 5 and 6, which is the point of 
56.20 	beginning. A tract of land 30.0 feet wide, 20.0 feet on the North and 10.0 feet on the South 
56.21 	of a center line described as: on a bearing South 88 degrees 49 minutes East, a distance of 
56.22 	455.0 feet East, a tract of land 20 feet wide, 10 feet on the West and 10.0 feet on the East 
56.23 	of a center line on a bearing of North 0 degrees 33 minutes West, a distance of 130.0 feet 
56.24 	North at which point said right-of-way leaves the property.
56.25 	Excepting the following:
56.26 	(1) one lot described as follows: commencing at the closing section corner common 
56.27 	to Sections 5 and 6 on the 13th Standard Parallel, which is a 3/4" pipe 24" long; thence on 
56.28 	a bearing of South 0 degrees 33 minutes East, a distance of 430.0 feet to a 3/4" pipe 24" 
56.29 	long, which is the point of beginning; thence on a bearing of South 88 degrees 49 minutes 
56.30 	East, a distance of 200 feet; thence on a bearing of North 0 degrees 33 minutes West, 115 
56.31 	feet; thence on a bearing of North 88 degrees 49 minutes West, a distance of 200 feet; 
56.32 	thence on a bearing of South 0 degrees 33 minutes East a distance of 115 feet to the point 
56.33 	of beginning, containing 0.528 acres, more or less; and
56.34 	(2) one lot described as follows: commencing at the closing section corner common 
56.35 	to Sections 5 and 6 on the 13th Standard parallel, which is a 3/4" pipe 24" long; thence on 
56.36 	a bearing of South 0 degrees 33 minutes East, a distance of 430.0 feet to a 3/4" pipe 24" 
57.1 	long; thence on a bearing of South 88 degrees 49 minutes East, a distance of 270.0 feet to 
57.2 	a point of beginning, and which is a 3/4" pipe 24" long set on property line 1 foot back of 
57.3 	sidewalk line with an (X) chiselled at edge of sidewalk opposite the corner; thence on a 
57.4 	bearing of North 1 degree l1 minutes East, a distance of 115.0 feet to a 3/4" pipe 24" long; 
57.5 	thence on a bearing of South 88 degrees 49 minutes East, a distance 90.0 feet to a 3/4" 
57.6 	pipe 24" long; thence on a bearing of South 1 degree l1 minutes West, a distance of 115.0 
57.7 	feet to a 3/4" pipe 24" long set 1 foot back of sidewalk line with an (X) chiselled at edge of 
57.8 	sidewalk opposite the corner; thence on a bearing of North 88 degrees 49 minutes West, a 
57.9 	distance of 90.0 feet to point of beginning, containing 0.24 acres, more or less.
57.10 	There are reserved to the United States in trust for the Red Lake Band of Chippewa 
57.11 	Indians all minerals, including oil and gas, in the above-described land together with the 
57.12 	right to prospect for and remove such deposits under rules and regulations prescribed 
57.13 	by the Secretary of the Interior.
57.14 	(c) Parcel C is located in Lots 3 and 4 of Section 21, Township 151 North, Range 34 
57.15 	West, Minnesota, and described as follows:
57.16 	Beginning at a point which is the intersection of a projection of the center line of 
57.17 	B Street and the north edge of Minnesota State Highway No. 1, North 78 degrees East 
57.18 	along the north edge of Highway No. 1 750 feet; thence North 12 degrees West 1,160 
57.19 	feet; thence South 78 degrees West 750 feet to the center line of B Street; thence South 12 
57.20 	degrees East along the center line of B Street and its projection, to the point of beginning. 
57.21 	The area described above not to exceed twenty acres.
57.22 	Reserving however, to the United States, all mineral deposits in the above-described 
57.23 	land together with the right to prospect for and remove such deposits under rules and 
57.24 	regulations prescribed by the Secretary of the Interior.

57.25 	Sec. 18. APPROPRIATIONS.
 57.26 		Subdivision 1.Department. The sums indicated in this section are appropriated 
57.27 	from the general fund to the Department of Education for the fiscal years designated.
57.28 		Subd. 2.Achievement and integration aid. For achievement and integration aid 
57.29 	under Minnesota Statutes, section 124D.861:

57.30		$
	.......
	.....
	2014
	
57.31		$
	.......
	.....
	2015
	
57.32 	The 2014 appropriation includes $....... for 2013 and $....... for 2014.
57.33 	The 2015 appropriation includes $....... for 2014 and $....... for 2015.

58.1 	Sec. 19. REVISOR'S INSTRUCTION.
 58.2 	In Minnesota Statutes and Minnesota Rules, the revisor of statutes shall substitute 
58.3 	the term "Division of State Library Services" for "Library Development and Services," 
58.4 	"Office of Library Development and Services," or "LDS" where "LDS" stands for "Library 
58.5 	Development and Services." The revisor shall also make grammatical changes related 
58.6 	to the changes in terms.

58.7 	ARTICLE 4
58.8 	CHARTER SCHOOLS

58.9 	Section 1. Minnesota Statutes 2012, section 124D.10, is amended to read:
58.10 	124D.10 CHARTER SCHOOLS.
58.11 		Subdivision 1.Purposes. (a) The primary purpose of this section is to:
58.12 	(1) improve pupil learning and student achievement;. Additional purposes include to:
58.13 	(2) (1) increase learning opportunities for pupils;
58.14 	(3) (2) encourage the use of different and innovative teaching methods;
58.15 	(4) (3) measure learning outcomes and create different and innovative forms of 
58.16 	measuring outcomes;
58.17 	(5) (4) establish new forms of accountability for schools; and or
58.18 	(6) (5) create new professional opportunities for teachers, including the opportunity 
58.19 	to be responsible for the learning program at the school site.
58.20 	(b) This section does not provide a means to keep open a school that a school board 
58.21 	decides to close. However, a school board may endorse or authorize the establishing of 
58.22 	a charter school to replace the school the board decided to close. Applicants seeking a 
58.23 	charter under this circumstance must demonstrate to the authorizer that the charter sought 
58.24 	is substantially different in purpose and program from the school the board closed and 
58.25 	that the proposed charter satisfies the requirements of this subdivision. If the school 
58.26 	board that closed the school authorizes the charter, it must document in its affidavit to the 
58.27 	commissioner that the charter is substantially different in program and purpose from 
58.28 	the school it closed.
58.29 	An authorizer shall not approve an application submitted by a charter school 
58.30 	developer under subdivision 4, paragraph (a), if the application does not comply with this 
58.31 	subdivision. The commissioner shall not approve an affidavit submitted by an authorizer 
58.32 	under subdivision 4, paragraph (b), if the affidavit does not comply with this subdivision.
58.33 		Subd. 2.Applicability. This section applies only to charter schools formed and 
58.34 	operated under this section.
59.1 		Subd. 3.Authorizer. (a) For purposes of this section, the terms defined in this 
59.2 	subdivision have the meanings given them.
59.3 	"Application" to receive approval as an authorizer means the proposal an eligible 
59.4 	authorizer submits to the commissioner under paragraph (c) before that authorizer is able 
59.5 	to submit any affidavit to charter to a school.
59.6 	"Application" under subdivision 4 means the charter school business plan a 
59.7 	school developer submits to an authorizer for approval to establish a charter school that 
59.8 	documents the school developer's mission statement, school purposes, program design, 
59.9 	financial plan, governance and management structure, and background and experience, 
59.10 	plus any other information the authorizer requests. The application also shall include a 
59.11 	"statement of assurances" of legal compliance prescribed by the commissioner.
59.12 	"Affidavit" means a written statement the authorizer submits to the commissioner 
59.13 	for approval to establish a charter school under subdivision 4 attesting to its review and 
59.14 	approval process before chartering a school.
59.15 	(b) The following organizations may authorize one or more charter schools:
59.16 	(1) a school board, intermediate school district school board, or education district 
59.17 	organized under sections 123A.15 to 123A.19;
59.18 	(2) a charitable organization under section 501(c)(3) of the Internal Revenue Code 
59.19 	of 1986, excluding a nonpublic sectarian or religious institution; any person other than a 
59.20 	natural person that directly or indirectly, through one or more intermediaries, controls, 
59.21 	is controlled by, or is under common control with the nonpublic sectarian or religious 
59.22 	institution; and any other charitable organization under this clause that in the federal IRS 
59.23 	Form 1023, Part IV, describes activities indicating a religious purpose, that:
59.24 	(i) is a member of the Minnesota Council of Nonprofits or the Minnesota Council on 
59.25 	Foundations;
59.26 	(ii) is registered with the attorney general's office; and
59.27 	(iii) is incorporated in the state of Minnesota and has been operating continuously 
59.28 	for at least five years but does not operate a charter school;
59.29 	(3) a Minnesota private college, notwithstanding clause (2), that grants two- or 
59.30 	four-year degrees and is registered with the Minnesota Office of Higher Education under 
59.31 	chapter 136A; community college, state university, or technical college governed by the 
59.32 	Board of Trustees of the Minnesota State Colleges and Universities; or the University 
59.33 	of Minnesota;
59.34 	(4) a nonprofit corporation subject to chapter 317A, described in section 317A.905, 
59.35 	and exempt from federal income tax under section 501(c)(6) of the Internal Revenue Code 
59.36 	of 1986, may authorize one or more charter schools if the charter school has operated 
60.1 	for at least three years under a different authorizer and if the nonprofit corporation has 
60.2 	existed for at least 25 years; or
60.3 	(5) single-purpose authorizers that are charitable, nonsectarian organizations formed 
60.4 	under section 501(c)(3) of the Internal Revenue Code of 1986 and incorporated in the state 
60.5 	of Minnesota whose sole purpose is to charter schools. Eligible organizations interested 
60.6 	in being approved as an authorizer under this paragraph must submit a proposal to the 
60.7 	commissioner that includes the provisions of paragraph (c) and a five-year financial plan. 
60.8 	Such authorizers shall consider and approve charter school applications using the criteria 
60.9 	provided in subdivision 4 and shall not limit the applications it solicits, considers, or 
60.10 	approves to any single curriculum, learning program, or method.
60.11 	(c) An eligible authorizer under this subdivision must apply to the commissioner for 
60.12 	approval as an authorizer before submitting any affidavit to the commissioner to charter 
60.13 	a school. The application for approval as a charter school authorizer must demonstrate 
60.14 	the applicant's ability to implement the procedures and satisfy the criteria for chartering a 
60.15 	school under this section. The commissioner must approve or disapprove an application 
60.16 	within 45 business days of the application deadline. If the commissioner disapproves 
60.17 	the application, the commissioner must notify the applicant of the specific deficiencies 
60.18 	in writing and the applicant then has 20 business days to address the deficiencies to the 
60.19 	commissioner's satisfaction. After the 20 business days expire, the commissioner has 15 
60.20 	business days to make a final decision to approve or disapprove the application. Failing to 
60.21 	address the deficiencies to the commissioner's satisfaction makes an applicant ineligible to 
60.22 	be an authorizer. The commissioner, in establishing criteria for approval, must consider 
60.23 	the applicant's:
60.24 	(1) capacity and infrastructure;
60.25 	(2) application criteria and process;
60.26 	(3) contracting process;
60.27 	(4) ongoing oversight and evaluation processes; and
60.28 	(5) renewal criteria and processes.
60.29 	(d) An applicant must include in its application to the commissioner to be an 
60.30 	approved authorizer at least the following:
60.31 	(1) how chartering schools is a way for the organization to carry out its mission;
60.32 	(2) a description of the capacity of the organization to serve as an authorizer, 
60.33 	including the personnel who will perform the authorizing duties, their qualifications, the 
60.34 	amount of time they will be assigned to this responsibility, and the financial resources 
60.35 	allocated by the organization to this responsibility;
61.1 	(3) a description of the application and review process the authorizer will use to 
61.2 	make decisions regarding the granting of charters;
61.3 	(4) a description of the type of contract it will arrange with the schools it charters 
61.4 	that meets the provisions of subdivision 6;
61.5 	(5) the process to be used for providing ongoing oversight of the school consistent 
61.6 	with the contract expectations specified in clause (4) that assures that the schools chartered 
61.7 	are complying with both the provisions of applicable law and rules, and with the contract;
61.8 	(6) a description of the criteria and process the authorizer will use to grant expanded 
61.9 	applications under subdivision 4, paragraph (j);
61.10 	(7) the process for making decisions regarding the renewal or termination of 
61.11 	the school's charter based on evidence that demonstrates the academic, organizational, 
61.12 	and financial competency of the school, including its success in increasing student 
61.13 	achievement and meeting the goals of the charter school agreement; and
61.14 	(8) an assurance specifying that the organization is committed to serving as an 
61.15 	authorizer for the full five-year term.
61.16 	(e) A disapproved applicant under this section may resubmit an application during a 
61.17 	future application period.
61.18 	(f) If the governing board of an approved authorizer votes to withdraw as an 
61.19 	approved authorizer for a reason unrelated to any cause under subdivision 23, the 
61.20 	authorizer must notify all its chartered schools and the commissioner in writing by July 
61.21 	15 of its intent to withdraw as an authorizer on June 30 in the next calendar year. The 
61.22 	commissioner may approve the transfer of a charter school to a new authorizer under this 
61.23 	paragraph after the new authorizer submits an affidavit to the commissioner.
61.24 	(g) The authorizer must participate in department-approved training.
61.25 	(h) An authorizer that chartered a school before August 1, 2009, must apply by 
61.26 	June 30, 2012, to the commissioner for approval, under paragraph (c), to continue as an 
61.27 	authorizer under this section. For purposes of this paragraph, an authorizer that fails to 
61.28 	submit a timely application is ineligible to charter a school.
61.29 	(i) (h) The commissioner shall review an authorizer's performance every five years 
61.30 	in a manner and form determined by the commissioner and may review an authorizer's 
61.31 	performance more frequently at the commissioner's own initiative or at the request of a 
61.32 	charter school operator, charter school board member, or other interested party. The 
61.33 	commissioner, after completing the review, shall transmit a report with findings to the 
61.34 	authorizer. If, consistent with this section, the commissioner finds that an authorizer has 
61.35 	not fulfilled the requirements of this section, the commissioner may subject the authorizer 
61.36 	to corrective action, which may include terminating the contract with the charter school 
62.1 	board of directors of a school it chartered. The commissioner must notify the authorizer 
62.2 	in writing of any findings that may subject the authorizer to corrective action and 
62.3 	the authorizer then has 15 business days to request an informal hearing before the 
62.4 	commissioner takes corrective action. If the commissioner terminates a contract between 
62.5 	an authorizer and a charter school under this paragraph, the commissioner may assist the 
62.6 	charter school in acquiring a new authorizer.
62.7 	(j) (i) The commissioner may at any time take corrective action against an authorizer, 
62.8 	including terminating an authorizer's ability to charter a school for:
62.9 	(1) failing to demonstrate the criteria under paragraph (c) under which the 
62.10 	commissioner approved the authorizer;
62.11 	(2) violating a term of the chartering contract between the authorizer and the charter 
62.12 	school board of directors;
62.13 	(3) unsatisfactory performance as an approved authorizer; or
62.14 	(4) any good cause shown that provides the commissioner a legally sufficient reason 
62.15 	to take corrective action against an authorizer.
62.16 		Subd. 4.Formation of school. (a) An authorizer, after receiving an application from 
62.17 	a school developer, may charter a licensed teacher under section 122A.18, subdivision 
62.18 	1, or a group of individuals that includes one or more licensed teachers under section 
62.19 	122A.18, subdivision 1, to operate a school subject to the commissioner's approval of the 
62.20 	authorizer's affidavit under paragraph (b). The school must be organized and operated as a 
62.21 	nonprofit corporation under chapter 317A and the provisions under the applicable chapter 
62.22 	shall apply to the school except as provided in this section.
62.23 	Notwithstanding sections 465.717 and 465.719, a school district, subject to this 
62.24 	section and section 124D.11, may create a corporation for the purpose of establishing a 
62.25 	charter school.
62.26 	(b) Before the operators may establish and operate a school, the authorizer must file 
62.27 	an affidavit with the commissioner stating its intent to charter a school. An authorizer 
62.28 	must file a separate affidavit for each school it intends to charter. The affidavit must state 
62.29 	the terms and conditions under which the authorizer would charter a school and how the 
62.30 	authorizer intends to oversee the fiscal and student performance of the charter school and to 
62.31 	comply with the terms of the written contract between the authorizer and the charter school 
62.32 	board of directors under subdivision 6. The commissioner must approve or disapprove the 
62.33 	authorizer's affidavit within 60 business days of receipt of the affidavit. If the commissioner 
62.34 	disapproves the affidavit, the commissioner shall notify the authorizer of the deficiencies 
62.35 	in the affidavit and the authorizer then has 20 business days to address the deficiencies. 
62.36 	If the authorizer does not address deficiencies to the commissioner's satisfaction, the 
63.1 	commissioner's disapproval is final. Failure to obtain commissioner approval precludes an 
63.2 	authorizer from chartering the school that is the subject of this affidavit.
63.3 	(c) The authorizer may prevent an approved charter school from opening for 
63.4 	operation if, among other grounds, the charter school violates this section or does not meet 
63.5 	the ready-to-open standards that are part of the authorizer's oversight and evaluation 
63.6 	process or are stipulated in the charter school contract.
63.7 	(d) The operators authorized to organize and operate a school, before entering into a 
63.8 	contract or other agreement for professional or other services, goods, or facilities, must 
63.9 	incorporate as a nonprofit corporation under chapter 317A and must establish a board of 
63.10 	directors composed of at least five members who are not related parties until a timely 
63.11 	election for members of the ongoing charter school board of directors is held according to 
63.12 	the school's articles and bylaws under paragraph (f). A charter school board of directors 
63.13 	must be composed of at least five members who are not related parties. Staff members 
63.14 	employed at the school, including teachers providing instruction under a contract with a 
63.15 	cooperative, members of the board of directors, and all parents or legal guardians of 
63.16 	children enrolled in the school are the voters eligible to elect the members of the school's 
63.17 	board of directors. A charter school must notify eligible voters of the school board election 
63.18 	dates at least 30 days before the election. Board of director meetings and board committee 
63.19 	meetings must comply with chapter 13D.
63.20 	(e) A charter school shall publish and maintain on the school's official Web site: (1) 
63.21 	the minutes of meetings of the board of directors, and of members and committees having 
63.22 	any board-delegated authority, for at least one calendar year from the date of publication; 
63.23 	(2) directory information for members of the board of directors and committees having 
63.24 	board-delegated authority; and (3) identifying and contact information for the school's 
63.25 	authorizer. Identifying and contact information for the school's authorizer must be 
63.26 	included in other school materials made available to the public. Upon request of an 
63.27 	individual, the charter school must also make available in a timely fashion financial 
63.28 	statements showing all operations and transactions affecting income, surplus, and deficit 
63.29 	during the school's last annual accounting period; and a balance sheet summarizing assets 
63.30 	and liabilities on the closing date of the accounting period. A charter school also must post 
63.31 	on its official Web site information identifying its authorizer and indicate how to contact 
63.32 	that authorizer and include that same information about its authorizer in other school 
63.33 	materials that it makes available to the public.
63.34 	(f) Every charter school board member shall attend ongoing annual training 
63.35 	throughout the member's term on the board governance, including. All new board 
63.36 	members shall attend initialtraining on the board's role and responsibilities, employment 
64.1 	policies and practices, and financial management. A new board member who does not 
64.2 	begin the required initial training within six months after being seated and complete that 
64.3 	training within 12 months of being seated on the board is automatically ineligible to 
64.4 	continue to serve as a board member. The school shall include in its annual report the 
64.5 	training attended by each board member during the previous year.
64.6 	(g) The ongoing board must be elected before the school completes its third year of 
64.7 	operation. Board elections must be held during the school year but may not be conducted 
64.8 	on days when the school is closed for holidays, breaks, or vacations. The charter school 
64.9 	board of directors shall be composed of at least five nonrelated members and include: (i) 
64.10 	at least one licensed teacher employed as a teacher at the school or a licensed teacher
64.11 	 providing instruction under contract between the charter school and a cooperative; (ii) the
64.12 	at least one parent or legal guardian of a student enrolled in the charter school who is not an 
64.13 	employee of the charter school; and (iii) an at least one interested community member who
64.14 	 resides in Minnesota and is not employed by the charter school and does not have a child 
64.15 	enrolled in the school. The board may be a teacher majority board composed may include 
64.16 	a majority  of teachers, parents, or community members as described in this paragraph or it 
64.17 	may have no clear majority. The chief financial officer and the chief administrator may only 
64.18 	serve as ex-officio nonvoting board members and may not serve as a voting member of the 
64.19 	board. No charter school employees shall not serve on the board unless other than teachers 
64.20 	under item (i) applies. Contractors providing facilities, goods, or services to a charter 
64.21 	school shall not serve on the board of directors of the charter school. Board bylaws shall 
64.22 	outline the process and procedures for changing the board's governance model structure, 
64.23 	consistent with chapter 317A. A board may change its governance model structure only:
64.24 	(1) by a majority vote of the board of directors and a majority vote of the licensed 
64.25 	teachers employed by the school as teachers, including licensed teachers providing 
64.26 	instruction under a contract between the school and a cooperative; and
64.27 	(2) with the authorizer's approval.
64.28 	Any change in board governance structure must conform with the composition of 
64.29 	the board structure established under this paragraph.
64.30 	(h) The granting or renewal of a charter by an authorizer must not be conditioned 
64.31 	upon the bargaining unit status of the employees of the school.
64.32 	(i) The granting or renewal of a charter school by an authorizer must not be 
64.33 	contingent on the charter school being required to contract, lease, or purchase services 
64.34 	or facilities from the authorizer or to enter into a contract with a corporation, contractor, 
64.35 	or individual with which the authorizer has a financial relationship or arrangement. Any 
64.36 	potential contract, lease, or purchase of service from an authorizer must be disclosed to 
65.1 	the commissioner, accepted through an open bidding process, and be a separate contract 
65.2 	from the charter contract. The school must document the open bidding process it used in 
65.3 	awarding the contract. The authorizer must document that the bid terms were competitive 
65.4 	in relation to the market and that the authorizer makes the same terms available to 
65.5 	schools that it does not authorize. An authorizer must not enter into a contract to provide 
65.6 	management and financial services for a school that it authorizes, unless the school 
65.7 	documents that it received at least two competitive bids.
65.8 	(j) An authorizer may permit the board of directors of a charter school to expand 
65.9 	the operation of the charter school to additional sites or to add additional grades at the 
65.10 	school beyond those described in the authorizer's original affidavit as approved by 
65.11 	the commissioner only after submitting a supplemental affidavit for approval to the 
65.12 	commissioner in a form and manner prescribed by the commissioner. The supplemental 
65.13 	affidavit must document that:
65.14 	(1) the proposed expansion plan demonstrates need and projected enrollment;
65.15 	(2) the expansion is warranted, at a minimum, by longitudinal data demonstrating 
65.16 	students' improved academic performance and growth on statewide assessments under 
65.17 	chapter 120B;
65.18 	(3) the charter school is financially sound and the financing it needs to implement 
65.19 	the proposed expansion exists; and
65.20 	(4) the charter school has the governance structure and management capacity to 
65.21 	carry out its expansion.
65.22 	(k) The commissioner shall have 30 business days to review and comment on the 
65.23 	supplemental affidavit. The commissioner shall notify the authorizer of any deficiencies in 
65.24 	the supplemental affidavit and the authorizer then has 20 business days to address, to the 
65.25 	commissioner's satisfaction, any deficiencies in the supplemental affidavit. The school 
65.26 	may not expand grades or add sites until the commissioner has approved the supplemental 
65.27 	affidavit. The commissioner's approval or disapproval of a supplemental affidavit is final.
65.28 		Subd. 4a.Conflict of interest. (a) An individual is prohibited from serving as a 
65.29 	member of the charter school board of directors if the individual, an immediate family 
65.30 	member, or the individual's partner is an a full or part owner, employee or agent of, or 
65.31 	a contractor principal with a for-profit or nonprofit entity or individual independent 
65.32 	contractor with whom the charter school contracts, directly or indirectly, for professional 
65.33 	services, goods, or facilities. An individual is prohibited from serving as a board member 
65.34 	if an immediate family member is an employee of the school or is an individual with 
65.35 	whom the school contracts, directly or indirectly, through full or part ownership, for 
65.36 	professional services, goods, or facilities. A violation of this prohibition renders a contract 
66.1 	voidable at the option of the commissioner or the charter school board of directors. A 
66.2 	member of a charter school board of directors who violates this prohibition is individually 
66.3 	liable to the charter school for any damage caused by the violation.
66.4 	(b) No member of the board of directors, employee, officer, or agent of a charter 
66.5 	school shall participate in selecting, awarding, or administering a contract if a conflict 
66.6 	of interest exists. A conflict exists when:
66.7 	(1) the board member, employee, officer, or agent;
66.8 	(2) the immediate family of the board member, employee, officer, or agent;
66.9 	(3) the partner of the board member, employee, officer, or agent; or
66.10 	(4) an organization that employs, or is about to employ any individual in clauses 
66.11 	(1) to (3),
66.12 	has a financial or other interest in the entity with which the charter school is contracting. 
66.13 	A violation of this prohibition renders the contract void.
66.14 	(c) Any employee, agent, or board member of the authorizer who participates 
66.15 	in the initial review, approval, ongoing oversight, evaluation, or the charter renewal or 
66.16 	nonrenewal process or decision is ineligible to serve on the board of directors of a school 
66.17 	chartered by that authorizer.
66.18 	(d) An individual may serve as a member of the board of directors if no conflict of 
66.19 	interest under paragraph (a) exists.
66.20 	(e) The conflict of interest provisions under this subdivision do not apply to 
66.21 	compensation paid to a teacher employed as a teacher by the charter school who or a 
66.22 	teacher who provides instructional services to the charter school through a cooperative 
66.23 	formed under chapter 308A when the teacher also serves as a member of on the charter 
66.24 	school board of directors.
66.25 	(f) The conflict of interest provisions under this subdivision do not apply to a teacher 
66.26 	who provides services to a charter school through a cooperative formed under chapter 
66.27 	308A when the teacher also serves on the charter school board of directors.
66.28 		Subd. 5.Conversion of existing schools. A board of an independent or special 
66.29 	school district may convert one or more of its existing schools to charter schools under 
66.30 	this section if 60 percent of the full-time teachers at the school sign a petition seeking 
66.31 	conversion. The conversion must occur at the beginning of an academic year.
66.32 		Subd. 6.Charter contract. The authorization for a charter school must be in the 
66.33 	form of a written contract signed by the authorizer and the board of directors of the charter 
66.34 	school. The contract must be completed within 45 business days of the commissioner's 
66.35 	approval of the authorizer's affidavit. The authorizer shall submit to the commissioner a 
67.1 	copy of the signed charter contract within ten business days of its execution. The contract 
67.2 	for a charter school must be in writing and contain at least the following:
67.3 	(1) a declaration that the charter school will carry out the primary purpose in 
67.4 	subdivision 1 and how the school will report its implementation of the primary purpose;
67.5 	(1) (2) a declaration of the any additional purposes in subdivision 1 that the school 
67.6 	intends to carry out and how the school will report its implementation of those purposes;
67.7 	(2) (3) a description of the school program and the specific academic and 
67.8 	nonacademic outcomes that pupils must achieve;
67.9 	(3) (4) a statement of admission policies and procedures;
67.10 	(4) (5) a governance, management, and administration plan for the school;
67.11 	(5) (6) signed agreements from charter school board members to comply with all 
67.12 	federal and state laws governing organizational, programmatic, and financial requirements 
67.13 	applicable to charter schools;
67.14 	(6) (7) the criteria, processes, and procedures that the authorizer will use for 
67.15 	ongoing oversight of operational, financial, and academic performance to monitor and 
67.16 	evaluate the fiscal, operational, and academic performance consistent with subdivision 
67.17 	15, paragraphs (a) and (b);
67.18 	(7) (8) for contract renewal, the formal written performance evaluation of the school 
67.19 	that is a prerequisite for reviewing a charter contract under subdivision 15;
67.20 	(8) (9) types and amounts of insurance liability coverage to be obtained by the 
67.21 	charter school, consistent with subdivision 8, paragraph (k);
67.22 	(9) (10) consistent with subdivision 25, paragraph (d), a provision to indemnify and 
67.23 	hold harmless the authorizer and its officers, agents, and employees from any suit, claim, 
67.24 	or liability arising from any operation of the charter school, and the commissioner and 
67.25 	department officers, agents, and employees notwithstanding section 3.736;
67.26 	(10) (11) the term of the initial contract, which may be up to five years plus an 
67.27 	additional preoperational planning year, and up to five years for a renewed contract or a 
67.28 	contract with a new authorizer after a transfer of authorizers, if warranted by the school's 
67.29 	academic, financial, and operational performance;
67.30 	(11) (12) how the board of directors or the operators of the charter school will 
67.31 	provide special instruction and services for children with a disability under sections 
67.32 	125A.03 to 125A.24, and 125A.65, a description of the financial parameters within 
67.33 	which the charter school will operate to provide the special instruction and services to 
67.34 	children with a disability;
67.35 	(12) the process and criteria the authorizer intends to use to monitor and evaluate the 
67.36 	fiscal and student performance of the charter school, consistent with subdivision 15; and
68.1 	(13) the specific conditions for contract renewal, which identify performance under 
68.2 	the primary purpose of subdivision 1 as the most important factor in determining contract 
68.3 	renewal; and
68.4 	(13) (14) the plan for an orderly closing of the school under chapter 317A, if
68.5 	 whether the closure is a termination for cause, a voluntary termination, or a nonrenewal 
68.6 	of the contract, and that includes establishing the responsibilities of the school board of 
68.7 	directors and the authorizer and notifying the commissioner, authorizer, school district in 
68.8 	which the charter school is located, and parents of enrolled students about the closure, 
68.9 	the transfer of student records to students' resident districts, and procedures for closing 
68.10 	financial operations.
68.11 		Subd. 6a.Audit report. (a) The charter school must submit an audit report to the 
68.12 	commissioner and its authorizer by December 31 each year.
68.13 	(b) The charter school, with the assistance of the auditor conducting the audit, 
68.14 	must include with the report, as supplemental information, a copy of all charter school 
68.15 	agreements for corporate management services, including parent company or other 
68.16 	administrative, financial, and staffing services. If the entity that provides the professional 
68.17 	services to the charter school is exempt from taxation under section 501 of the Internal 
68.18 	Revenue Code of 1986, that entity must file with the commissioner by February 15 a copy 
68.19 	of the annual return required under section 6033 of the Internal Revenue Code of 1986.
68.20 	(c) A charter school independent audit report shall include audited financial data of 
68.21 	an affiliated building corporation or other component unit.
68.22 	(c) (d) If the audit report finds that a material weakness exists in the financial 
68.23 	reporting systems of a charter school, the charter school must submit a written report to 
68.24 	the commissioner explaining how the material weakness will be resolved. An auditor, 
68.25 	as a condition of providing financial services to a charter school, must agree to make 
68.26 	available information about a charter school's financial audit to the commissioner and 
68.27 	authorizer upon request.
68.28 		Subd. 7.Public status; exemption from statutes and rules. A charter school is 
68.29 	a public school and is part of the state's system of public education. A charter school is 
68.30 	exempt from all statutes and rules applicable to a school, school board, or school district 
68.31 	unless a statute or rule is made specifically applicable to a charter school or is included 
68.32 	in this section.
68.33 		Subd. 8.Federal, state, and local requirements. (a) A charter school shall meet all 
68.34 	federal, state, and local health and safety requirements applicable to school districts.
68.35 	(b) A school must comply with statewide accountability requirements governing 
68.36 	standards and assessments in chapter 120B.
69.1 	(c) A school authorized by a school board may be located in any district, unless the 
69.2 	school board of the district of the proposed location disapproves by written resolution.
69.3 	(d) A charter school must be nonsectarian in its programs, admission policies, 
69.4 	employment practices, and all other operations. An authorizer may not authorize a charter 
69.5 	school or program that is affiliated with a nonpublic sectarian school or a religious 
69.6 	institution. A charter school student must be released for religious instruction, consistent 
69.7 	with section 120A.22, subdivision 12, clause (3).
69.8 	(e) Charter schools must not be used as a method of providing education or 
69.9 	generating revenue for students who are being home-schooled. This paragraph does not 
69.10 	apply to shared time aid under section 126C.19.
69.11 	(f) The primary focus of a charter school must be to provide a comprehensive 
69.12 	program of instruction for at least one grade or age group from five through 18 years 
69.13 	of age. Instruction may be provided to people younger than five years and older than 
69.14 	18 years of age.
69.15 	(g) A charter school may not charge tuition.
69.16 	(h) A charter school is subject to and must comply with chapter 363A and section 
69.17 	121A.04.
69.18 	(i) A charter school is subject to and must comply with the Pupil Fair Dismissal 
69.19 	Act, sections 121A.40 to 121A.56, and the Minnesota Public School Fee Law, sections 
69.20 	123B.34 to 123B.39.
69.21 	(j) A charter school is subject to the same financial audits, audit procedures, and 
69.22 	audit requirements as a district, except as required under subdivision 6a. Audits must be 
69.23 	conducted in compliance with generally accepted governmental auditing standards, the 
69.24 	federal Single Audit Act, if applicable, and section 6.65. A charter school is subject 
69.25 	to and must comply with sections 15.054; 118A.01; 118A.02; 118A.03; 118A.04; 
69.26 	118A.05; 118A.06; 471.38; 471.391; 471.392; and 471.425. The audit must comply with 
69.27 	the requirements of sections 123B.75 to 123B.83, except to the extent deviations are 
69.28 	necessary because of the program at the school. Deviations must be approved by the 
69.29 	commissioner and authorizer. The Department of Education, state auditor, legislative 
69.30 	auditor, or authorizer may conduct financial, program, or compliance audits. A charter 
69.31 	school determined to be in statutory operating debt under sections 123B.81 to 123B.83
69.32 	must submit a plan under section 123B.81, subdivision 4.
69.33 	(k) A charter school is a district for the purposes of tort liability under chapter 466.
69.34 	(l) A charter school must comply with chapters 13 and 13D; and sections 120A.22, 
69.35 	subdivision 7; 121A.75; and 260B.171, subdivisions 3 and 5.
70.1 	(m) A charter school is subject to the Pledge of Allegiance requirement under 
70.2 	section 121A.11, subdivision 3.
70.3 	(n) A charter school offering online courses or programs must comply with section 
70.4 	124D.095.
70.5 	(o) A charter school and charter school board of directors are subject to chapter 181.
70.6 	(p) A charter school must comply with section 120A.22, subdivision 7, governing 
70.7 	the transfer of students' educational records and sections 138.163 and 138.17 governing 
70.8 	the management of local records.
70.9 	(q) A charter school that provides early childhood health and developmental 
70.10 	screening must comply with sections 121A.16 to 121A.19.
70.11 	(r) A charter school that provides school-sponsored youth athletic activities must 
70.12 	comply with section 121A.38.
70.13 	(s) A charter school is subject to and must comply with continuing truant notification 
70.14 	under section 260A.03.
70.15 		Subd. 8a.Aid reduction. The commissioner may reduce a charter school's state aid 
70.16 	under section 127A.42 or 127A.43 if the charter school board fails to correct a violation 
70.17 	under this section.
70.18 		Subd. 8b.Aid reduction for violations. The commissioner may reduce a charter 
70.19 	school's state aid by an amount not to exceed 60 percent of the charter school's basic 
70.20 	revenue for the period of time that a violation of law occurs.
70.21 		Subd. 9.Admission requirements. (a) A charter school may limit admission to:
70.22 	(1) pupils within an age group or grade level;
70.23 	(2) pupils who are eligible to participate in the graduation incentives program under 
70.24 	section 124D.68; or
70.25 	(3) residents of a specific geographic area in which the school is located when the 
70.26 	majority of students served by the school are members of underserved populations.
70.27 	(b) A charter school shall enroll an eligible pupil who submits a timely application, 
70.28 	unless the number of applications exceeds the capacity of a program, class, grade level, or 
70.29 	building. In this case, pupils must be accepted by lot. The charter school must develop 
70.30 	and publish, including on its Web site, a lottery policy and process that it must use when 
70.31 	accepting pupils by lot.
70.32 	(c) A charter school shall give enrollment preference to a sibling of an enrolled pupil 
70.33 	and to a foster child of that pupil's parents and may give preference for enrolling children 
70.34 	of the school's staff before accepting other pupils by lot.
70.35 	(d) A person shall not be admitted to a charter school (1) as a kindergarten pupil, 
70.36 	unless the pupil is at least five years of age on September 1 of the calendar year in which 
71.1 	the school year for which the pupil seeks admission commences; or (2) as a first grade 
71.2 	student, unless the pupil is at least six years of age on September 1 of the calendar year in 
71.3 	which the school year for which the pupil seeks admission commences or has completed 
71.4 	kindergarten; except that a charter school may establish and publish on its Web site a 
71.5 	policy for admission of selected pupils at an earlier age, consistent with the enrollment 
71.6 	process in paragraphs (b) and (c).
71.7 	(e) Except as permitted in paragraph (d), a charter school may not limit admission 
71.8 	to pupils on the basis of intellectual ability, measures of achievement or aptitude, or 
71.9 	athletic ability and may not establish any criteria or requirements for admission that are 
71.10 	inconsistent with this subdivision.
71.11 	(f) The charter school shall not distribute any services or goods of value to students, 
71.12 	parents, or guardians as an inducement, term, or condition of enrolling a student in a 
71.13 	charter school.
71.14 		Subd. 10.Pupil performance. A charter school must design its programs to at 
71.15 	least meet the outcomes adopted by the commissioner for public school students. In 
71.16 	the absence of the commissioner's requirements, the school must meet the outcomes 
71.17 	contained in the contract with the authorizer. The achievement levels of the outcomes 
71.18 	contained in the contract may exceed the achievement levels of any outcomes adopted by 
71.19 	the commissioner for public school students.
71.20 		Subd. 11.Employment and other operating matters. (a) A charter school must 
71.21 	employ or contract with necessary teachers, as defined by section 122A.15, subdivision 1, 
71.22 	who hold valid licenses to perform the particular service for which they are employed in 
71.23 	the school. The charter school's state aid may be reduced under section 127A.43 if the 
71.24 	school employs a teacher who is not appropriately licensed or approved by the board of 
71.25 	teaching. The school may employ necessary employees who are not required to hold 
71.26 	teaching licenses to perform duties other than teaching and may contract for other services. 
71.27 	The school may discharge teachers and nonlicensed employees. The charter school board 
71.28 	is subject to section 181.932. When offering employment to a prospective employee, a 
71.29 	charter school must give that employee a written description of the terms and conditions 
71.30 	of employment and the school's personnel policies.
71.31 	(b) A person, without holding a valid administrator's license, may perform 
71.32 	administrative, supervisory, or instructional leadership duties. The board of directors shall 
71.33 	establish qualifications for persons that hold administrative, supervisory, or instructional 
71.34 	leadership roles. The qualifications shall include at least the following areas: instruction 
71.35 	and assessment; human resource and personnel management; financial management; 
71.36 	legal and compliance management; effective communication; and board, authorizer, and 
72.1 	community relationships. The board of directors shall use those qualifications as the basis 
72.2 	for job descriptions, hiring, and performance evaluations of those who hold administrative, 
72.3 	supervisory, or instructional leadership roles. The board of directors and an individual 
72.4 	who does not hold a valid administrative license and who serves in an administrative, 
72.5 	supervisory, or instructional leadership position shall develop a professional development 
72.6 	plan. Documentation of the implementation of the professional development plan of these 
72.7 	persons shall be included in the school's annual report.
72.8 	(c) The board of directors also shall decide and be responsible for policy matters 
72.9 	related to the operation of the school, including budgeting, curriculum programming, 
72.10 	personnel,  and operating procedures. The board shall adopt a policy on nepotism in 
72.11 	employment. The board shall adopt personnel evaluation policies and practices that, 
72.12 	at a minimum:
72.13 	(1) carry out the school's mission and goals;
72.14 	(2) evaluate the execution of charter contract goals and commitments;
72.15 	(3) evaluate student achievement, postsecondary and workforce readiness, and 
72.16 	engagement goals; and
72.17 	(4) provide professional development related to the individual's job responsibilities.
72.18 		Subd. 12.Pupils with a disability. A charter school must comply with sections 
72.19 	125A.02, 125A.03 to 125A.24, and 125A.65 and rules relating to the education of pupils 
72.20 	with a disability as though it were a district.
72.21 		Subd. 13.Length of school year. A charter school must provide instruction each 
72.22 	year for at least the number of hours required by section 120A.41. It may provide 
72.23 	instruction throughout the year according to sections 124D.12 to 124D.127 or 124D.128.
72.24 		Subd. 14.Annual public reports. A charter school must publish an annual report 
72.25 	approved by the board of directors. The annual report must at least include information 
72.26 	on school enrollment, student attrition, governance and management, staffing, finances, 
72.27 	academic performance, operational performance, innovative practices and implementation, 
72.28 	and future plans. A charter school must post the annual report on the school's official Web 
72.29 	site. The charter school must also distribute the annual report by publication, mail, or 
72.30 	electronic means to the commissioner, its authorizer, school employees, and parents and 
72.31 	legal guardians of students enrolled in the charter school and must also post the report on 
72.32 	the charter school's official Web site. The reports are public data under chapter 13.
72.33 		Subd. 15.Review and comment. (a) The authorizer shall provide a formal written 
72.34 	evaluation of the school's performance before the authorizer renews the charter contract. 
72.35 	The department must review and comment on the authorizer's evaluation process at the 
73.1 	time the authorizer submits its application for approval and each time the authorizer 
73.2 	undergoes its five-year review under subdivision 3, paragraph (i).
73.3 	(b) An authorizer shall monitor and evaluate the fiscal, academic, financial, and
73.4 	 operational, and student performance of the school, and may for this purpose annually 
73.5 	assess a charter school a fee according to paragraph (c). The agreed-upon fee structure 
73.6 	must be stated in the charter school contract.
73.7 	(c) The fee that each charter school pays to an authorizer each year an authorizer 
73.8 	may annually assess is the greater of:
73.9 	(1) the basic formula allowance for that year; or
73.10 	(2) the lesser of:
73.11 	(i) the maximum fee factor times the basic formula allowance for that year; or
73.12 	(ii) the fee factor times the basic formula allowance for that year times the charter 
73.13 	school's adjusted marginal cost pupil units for that year. The fee factor equals .005 in fiscal 
73.14 	year 2010, .01 in fiscal year 2011, .013 in fiscal year 2012, and .015 in fiscal years 2013 
73.15 	and later. The maximum fee factor equals 1.5 in fiscal year 2010, 2.0 in fiscal year 2011, 
73.16 	3.0 in fiscal year 2012, and 4.0 in fiscal years 2013 and later.
73.17 	(d) An authorizer may not assess a fee for any required services other than as 
73.18 	provided in this subdivision.
73.19 	(e) For the preoperational planning period, after a school is chartered, the authorizer 
73.20 	may assess a charter school a fee equal to the basic formula allowance.
73.21 	(f) By September 30 of each year, an authorizer shall submit to the commissioner a 
73.22 	statement of income and expenditures related to chartering activities during the previous 
73.23 	school year ending June 30. A copy of the statement shall be given to all schools chartered 
73.24 	by the authorizer.
73.25 		Subd. 16.Transportation. (a) A charter school after its first fiscal year of operation 
73.26 	by March 1 of each fiscal year and a charter school by July 1 of its first fiscal year of 
73.27 	operation must notify the district in which the school is located and the Department of 
73.28 	Education if it will provide its own transportation or use the transportation services of the 
73.29 	district in which it is located for the fiscal year.
73.30 	(b) If a charter school elects to provide transportation for pupils, the transportation 
73.31 	must be provided by the charter school within the district in which the charter school is 
73.32 	located. The state must pay transportation aid to the charter school according to section 
73.33 	124D.11, subdivision 2.
73.34 	For pupils who reside outside the district in which the charter school is located, the 
73.35 	charter school is not required to provide or pay for transportation between the pupil's 
73.36 	residence and the border of the district in which the charter school is located. A parent 
74.1 	may be reimbursed by the charter school for costs of transportation from the pupil's 
74.2 	residence to the border of the district in which the charter school is located if the pupil is 
74.3 	from a family whose income is at or below the poverty level, as determined by the federal 
74.4 	government. The reimbursement may not exceed the pupil's actual cost of transportation 
74.5 	or 15 cents per mile traveled, whichever is less. Reimbursement may not be paid for 
74.6 	more than 250 miles per week.
74.7 	At the time a pupil enrolls in a charter school, the charter school must provide the 
74.8 	parent or guardian with information regarding the transportation.
74.9 	(c) If a charter school does not elect to provide transportation, transportation for 
74.10 	pupils enrolled at the school must be provided by the district in which the school is 
74.11 	located, according to sections 123B.88, subdivision 6, and 124D.03, subdivision 8, for a 
74.12 	pupil residing in the same district in which the charter school is located. Transportation 
74.13 	may be provided by the district in which the school is located, according to sections 
74.14 	123B.88, subdivision 6, and 124D.03, subdivision 8, for a pupil residing in a different 
74.15 	district. If the district provides the transportation, the scheduling of routes, manner and 
74.16 	method of transportation, control and discipline of the pupils, and any other matter relating 
74.17 	to the transportation of pupils under this paragraph shall be within the sole discretion, 
74.18 	control, and management of the district.
74.19 		Subd. 17.Leased space. A charter school may lease space from an independent 
74.20 	or special school board eligible to be an authorizer, other public organization, private, 
74.21 	nonprofit nonsectarian organization, private property owner, or a sectarian organization 
74.22 	if the leased space is constructed as a school facility. The department must review and 
74.23 	approve or disapprove leases in a timely manner.
74.24 		Subd. 17a.Affiliated nonprofit building corporation. (a) Before a charter school 
74.25 	may organize an affiliated nonprofit building corporation (i) to renovate or purchase an 
74.26 	existing facility to serve as a school or (ii) to expand an existing building or construct 
74.27 	a new school facility, an authorizer must submit an affidavit to the commissioner for 
74.28 	approval in the form and manner the commissioner prescribes, and consistent with 
74.29 	paragraphs (b) and (c) or (d).
74.30 	(b) An affiliated nonprofit building corporation under this subdivision must:
74.31 	(1) be incorporated under section 317A;
74.32 	(2) comply with applicable Internal Revenue Service regulations, including 
74.33 	regulations for "supporting organizations" as defined by the Internal Revenue Service;
74.34 	(3) submit to the commissioner each fiscal year a list of current board members 
74.35 	and a copy of its annual audit; and
74.36 	(4) comply with government data practices law under chapter 13.
75.1 	An affiliated nonprofit building corporation must not serve as the leasing agent for 
75.2 	property or facilities it does not own. A charter school that leases a facility from an 
75.3 	affiliated nonprofit building corporation that does not own the leased facility is ineligible 
75.4 	to receive charter school lease aid. The state is immune from liability resulting from a 
75.5 	contract between a charter school and an affiliated nonprofit building corporation.
75.6 	(c) A charter school may organize an affiliated nonprofit building corporation to 
75.7 	renovate or purchase an existing facility to serve as a school if the charter school:
75.8 	(1) has been operating for at least five consecutive school years;
75.9 	(2) has had a net positive unreserved general fund balance as of June 30 in the 
75.10 	preceding five fiscal years;
75.11 	(3) has a long-range strategic and financial plan;
75.12 	(4) completes a feasibility study of available buildings;
75.13 	(5) documents enrollment projections and the need to use an affiliated building 
75.14 	corporation to renovate or purchase an existing facility to serve as a school; and
75.15 	(6) has a plan for the renovation or purchase, which describes the parameters and 
75.16 	budget for the project.
75.17 	(d) A charter school may organize an affiliated nonprofit building corporation to 
75.18 	expand an existing school facility or construct a new school facility if the charter school:
75.19 	(1) demonstrates the lack of facilities available to serve as a school;
75.20 	(2) has been operating for at least eight consecutive school years;
75.21 	(3) has had a net positive unreserved general fund balance as of June 30 in the 
75.22 	preceding five fiscal years;
75.23 	(4) completes a feasibility study of facility options;
75.24 	(5) has a long-range strategic and financial plan that includes enrollment projections 
75.25 	and demonstrates the need for constructing a new school facility; and
75.26 	(6) has a plan for the expansion or new school facility, which describes the 
75.27 	parameters and budget for the project.
75.28 		Subd. 17b.Positive review and comment. (e) A charter school or an affiliated 
75.29 	nonprofit building corporation organized by a charter school must not initiate an 
75.30 	installment contract for purchase, or a lease agreement, or solicit bids for new construction, 
75.31 	expansion, or remodeling of an educational facility that requires an expenditure in 
75.32 	excess of $1,400,000, unless it meets the criteria in subdivision 17a, paragraph (b) and 
75.33 	paragraph (c) or (d), as applicable, and receives a positive review and comment from 
75.34 	the commissioner under section 123B.71.
75.35 		Subd. 19.Disseminate information. (a) The authorizer, the operators, Authorizers
75.36 	 and the department must disseminate information to the public on how to form and 
76.1 	operate a charter school. Charter schools must disseminate information about how to 
76.2 	use the offerings of a charter school. Targeted groups include low-income families and 
76.3 	communities, students of color, and students who are at risk of academic failure.
76.4 	(b) Authorizers, operators, and the department also may disseminate information 
76.5 	about the successful best practices in teaching and learning demonstrated by charter 
76.6 	schools.
76.7 		Subd. 20.Leave to teach in a charter school. If a teacher employed by a district 
76.8 	makes a written request for an extended leave of absence to teach at a charter school, 
76.9 	the district must grant the leave. The district must grant a leave not to exceed a total of 
76.10 	five years. Any request to extend the leave shall be granted only at the discretion of the 
76.11 	school board. The district may require that the request for a leave or extension of leave 
76.12 	be made before February 1 in the school year preceding the school year in which the 
76.13 	teacher intends to leave, or February 1 of the calendar year in which the teacher's leave is 
76.14 	scheduled to terminate. Except as otherwise provided in this subdivision and except for 
76.15 	section 122A.46, subdivision 7, the leave is governed by section 122A.46, including, but 
76.16 	not limited to, reinstatement, notice of intention to return, seniority, salary, and insurance.
76.17 	During a leave, the teacher may continue to aggregate benefits and credits in the 
76.18 	Teachers' Retirement Association account under chapters 354 and 354A, consistent with 
76.19 	subdivision 22.
76.20 		Subd. 21.Collective bargaining. Employees of the board of directors of a charter 
76.21 	school may, if otherwise eligible, organize under chapter 179A and comply with its 
76.22 	provisions. The board of directors of a charter school is a public employer, for the 
76.23 	purposes of chapter 179A, upon formation of one or more bargaining units at the school. 
76.24 	Bargaining units at the school must be separate from any other units within an authorizing 
76.25 	district, except that bargaining units may remain part of the appropriate unit within an 
76.26 	authorizing district, if the employees of the school, the board of directors of the school, 
76.27 	the exclusive representative of the appropriate unit in the authorizing district, and the 
76.28 	board of the authorizing district agree to include the employees in the appropriate unit of 
76.29 	the authorizing district.
76.30 		Subd. 22.Teacher and other employee retirement. (a) Teachers in a charter 
76.31 	school must be public school teachers for the purposes of chapters 354 and 354A.
76.32 	(b) Except for teachers under paragraph (a), employees in a charter school must be 
76.33 	public employees for the purposes of chapter 353.
76.34 		Subd. 23.Causes for nonrenewal or termination of charter school contract. (a) 
76.35 	The duration of the contract with an authorizer must be for the term contained in the 
76.36 	contract according to subdivision 6. The authorizer may or may not renew a contract at 
77.1 	the end of the term for any ground listed in paragraph (b). An authorizer may unilaterally 
77.2 	terminate a contract during the term of the contract for any ground listed in paragraph (b). 
77.3 	At least 60 business days before not renewing or terminating a contract, the authorizer 
77.4 	shall notify the board of directors of the charter school of the proposed action in writing. 
77.5 	The notice shall state the grounds for the proposed action in reasonable detail and that the 
77.6 	charter school's board of directors may request in writing an informal hearing before the 
77.7 	authorizer within 15 business days of receiving notice of nonrenewal or termination of 
77.8 	the contract. Failure by the board of directors to make a written request for an informal 
77.9 	hearing within the 15-business-day period shall be treated as acquiescence to the proposed 
77.10 	action. Upon receiving a timely written request for a hearing, the authorizer shall give ten 
77.11 	business days' notice to the charter school's board of directors of the hearing date. The 
77.12 	authorizer shall conduct an informal hearing before taking final action. The authorizer 
77.13 	shall take final action to renew or not renew a contract no later than 20 business days 
77.14 	before the proposed date for terminating the contract or the end date of the contract.
77.15 	(b) A contract may be terminated or not renewed upon any of the following grounds:
77.16 	(1) failure to meet demonstrate satisfactory academic achievement for all groups of 
77.17 	students, including the requirements for pupil performance contained in the contract;
77.18 	(2) failure to meet generally accepted standards of fiscal management;
77.19 	(3) violations of law; or
77.20 	(4) other good cause shown.
77.21 	If a contract is terminated or not renewed under this paragraph, the school must be 
77.22 	dissolved according to the applicable provisions of chapter 317A.
77.23 	(c) If the authorizer and the charter school board of directors mutually agree to 
77.24 	terminate or not renew the contract, a change in authorizers is allowed if the commissioner 
77.25 	approves the change to a different eligible authorizer to authorize the charter school. 
77.26 	Both parties must jointly submit their intent in writing to the commissioner to mutually 
77.27 	terminate the contract. The authorizer that is a party to the existing contract must inform 
77.28 	the proposed authorizer about the fiscal and operational status and student performance 
77.29 	of the school. Before the commissioner determines whether to approve a change in 
77.30 	authorizer, the proposed authorizer must identify any outstanding issues in the proposed 
77.31 	charter contract that were unresolved in the previous charter contract and have the charter 
77.32 	school agree to resolve those issues. If no change in authorizer is approved, the school 
77.33 	must be dissolved according to applicable law and the terms of the contract.
77.34 	(c) If the authorizer and the charter school board of directors mutually agree not to 
77.35 	renew the contract, a change in authorizers is allowed. The authorizer and the school 
77.36 	board must jointly submit a written and signed letter of their intent to the commissioner 
78.1 	to mutually not renew the contract. The authorizer that is a party to the existing contract 
78.2 	must inform the proposed authorizer about the fiscal, operational, and student performance 
78.3 	status of the school, as well as any outstanding contractual obligations that exist. The 
78.4 	charter contract between the proposed authorizer and the school must identify and provide 
78.5 	a plan to address any outstanding obligations from the previous contract. The proposed 
78.6 	contract must be submitted at least 90 business days before the end of the existing 
78.7 	charter contract. The commissioner shall have 30 business days to review and make a 
78.8 	determination. The proposed authorizer and the school shall have 15 business days to 
78.9 	respond to the determination and address any issues identified by the commissioner. A 
78.10 	final determination by the commissioner shall be made no later than 45 business days 
78.11 	before the end of the current charter contract. If no change in authorizer is approved, the 
78.12 	school and the current authorizer may withdraw their letter of nonrenewal and enter into a 
78.13 	new contract. If the transfer of authorizers is not approved and the current authorizer and 
78.14 	the school do not withdraw their letter and enter into a new contract, the school must be 
78.15 	dissolved according to applicable law and the terms of the contract.
78.16 	(d) The commissioner, after providing reasonable notice to the board of directors of 
78.17 	a charter school and the existing authorizer, and after providing an opportunity for a public 
78.18 	hearing, may terminate the existing contract between the authorizer and the charter school 
78.19 	board if the charter school has a history of:
78.20 	(1) failure to meet pupil performance requirements consistent with state law;
78.21 	(2) financial mismanagement or failure to meet generally accepted standards of 
78.22 	fiscal management; or
78.23 	(3) repeated or major violations of the law.
78.24 		Subd. 23a.Related party lease costs. (a) A charter school is prohibited from 
78.25 	entering a lease of real property with a related party unless the lessor is a nonprofit 
78.26 	corporation under chapter 317A or a cooperative under chapter 308A, and the lease cost is 
78.27 	reasonable under section 124D.11, subdivision 4, clause (1).
78.28 	(b) For purposes of this section and section 124D.11:
78.29 	(1) "related party" means an affiliate or immediate relative of the other party in 
78.30 	question, an affiliate of an immediate relative, or an immediate relative of an affiliate;
78.31 	(2) "affiliate" means a person that directly or indirectly, through one or more 
78.32 	intermediaries, controls, is controlled by, or is under common control with another person;
78.33 	(3) "immediate family" means an individual whose relationship by blood, marriage, 
78.34 	adoption, or partnering is no more remote than first cousin;
78.35 	(4) "person" means an individual or entity of any kind; and
79.1 	(5) "control" means the ability to affect the management, operations, or policy 
79.2 	actions or decisions of a person, whether through ownership of voting securities, by 
79.3 	contract, or otherwise.
79.4 	(c) A lease of real property to be used for a charter school, not excluded in paragraph 
79.5 	(a), must contain the following statement: "This lease is subject to Minnesota Statutes, 
79.6 	section 124D.10, subdivision 23a."
79.7 	(d) If a charter school enters into as lessee a lease with a related party and the 
79.8 	charter school subsequently closes, the commissioner has the right to recover from the 
79.9 	lessor any lease payments in excess of those that are reasonable under section 124D.11, 
79.10 	subdivision 4, clause (1).
79.11 		Subd. 24.Pupil enrollment upon nonrenewal or termination of charter school 
79.12 	contract. If a contract is not renewed or is terminated according to subdivision 23, a 
79.13 	pupil who attended the school, siblings of the pupil, or another pupil who resides in the 
79.14 	same place as the pupil may enroll in the resident district or may submit an application 
79.15 	to a nonresident district according to section 124D.03 at any time. Applications and 
79.16 	notices required by section 124D.03 must be processed and provided in a prompt manner. 
79.17 	The application and notice deadlines in section 124D.03 do not apply under these 
79.18 	circumstances. The closed charter school must transfer the student's educational records 
79.19 	within ten business days of closure to the student's school district of residence where the 
79.20 	records must be retained or transferred under section 120A.22, subdivision 7.
79.21 		Subd. 25.Extent of specific legal authority. (a) The board of directors of a charter 
79.22 	school may sue and be sued.
79.23 	(b) The board may not levy taxes or issue bonds.
79.24 	(c) The commissioner, an authorizer, members of the board of an authorizer in 
79.25 	their official capacity, and employees of an authorizer are immune from civil or criminal 
79.26 	liability with respect to all activities related to a charter school they approve or authorize. 
79.27 	The board of directors shall obtain at least the amount of and types of insurance up to the 
79.28 	applicable tort liability limits under chapter 466. The charter school board must submit 
79.29 	a copy of the insurance policy to its authorizer and the commissioner before starting 
79.30 	operations. The charter school board must submit changes in its insurance carrier or policy 
79.31 	to its authorizer and the commissioner within 20 business days of the change.
79.32 	(d) Notwithstanding section 3.736, the charter school shall assume full liability for 
79.33 	its activities and indemnify and hold harmless the authorizer and its officers, agents, and 
79.34 	employees from any suit, claim, or liability arising from any operation of the charter school 
79.35 	and the commissioner and department officers, agents, and employees. A charter school 
80.1 	is not required to indemnify or hold harmless a state employee if the state would not be 
80.2 	required to indemnify and hold the employee harmless under section 3.736, subdivision 9.
80.3 		Subd. 27.Collaboration between charter school and school district. (a) A charter 
80.4 	school board may voluntarily enter into a two-year, renewable agreement for collaboration 
80.5 	to enhance student achievement with a school district within whose geographic boundary 
80.6 	it operates.
80.7 	(b) A school district need not be an approved authorizer to enter into a collaboration 
80.8 	agreement with a charter school. A charter school need not be authorized by the school 
80.9 	district with which it seeks to collaborate.
80.10 	(c) A charter school authorizer is prohibited from requiring a collaboration agreement 
80.11 	as a condition of entering into or renewing a charter contract as defined in subdivision 6.
80.12 	(d) Nothing in this subdivision or in the collaboration agreement may impact in any 
80.13 	way the authority or autonomy of the charter school.
80.14 	(e) Nothing in this subdivision or in the collaboration agreement shall cause the state 
80.15 	to pay twice for the same student, service, or facility or otherwise impact state funding, or 
80.16 	the flow thereof, to the school district or the charter school.
80.17 	(f) The collaboration agreement may include, but need not be limited to, 
80.18 	collaboration regarding facilities, transportation, training, student achievement, 
80.19 	assessments, mutual performance standards, and other areas of mutual agreement.
80.20 	(g) The school district may include the academic performance of the students of a 
80.21 	collaborative charter school site operating within the geographic boundaries of the school 
80.22 	district, for purposes of student assessment and reporting to the state.
80.23 	(h) Districts, authorizers, or charter schools entering into a collaborative agreement 
80.24 	are equally and collectively subject to the same state and federal accountability measures 
80.25 	for student achievement, school performance outcomes, and school improvement 
80.26 	strategies. The collaborative agreement and all accountability measures must be posted 
80.27 	on the district, charter school, and authorizer Web sites.

80.28 	EFFECTIVE DATE. This section is effective the day following final enactment, 
80.29 	except subdivision 23 is effective July 1, 2013, and applies to multiple measurements 
80.30 	ratings and focus ratings from the 2010-2011 school year and later.

80.31 	Sec. 2. Minnesota Statutes 2012, section 260A.02, subdivision 3, is amended to read:
80.32 		Subd. 3.Continuing truant. "Continuing truant" means a child who is subject to the 
80.33 	compulsory instruction requirements of section 120A.22 and is absent from instruction in a 
80.34 	school, as defined in section 120A.05, without valid excuse within a single school year for:
80.35 	(1) three days if the child is in elementary school; or
81.1 	(2) three or more class periods on three days if the child is in middle school, junior 
81.2 	high school, or high school.
81.3 	Nothing in this section shall prevent a school district or charter school from notifying 
81.4 	a truant child's parent or legal guardian of the child's truancy or otherwise addressing a 
81.5 	child's attendance problems prior to the child becoming a continuing truant.

81.6 	Sec. 3. Minnesota Statutes 2012, section 260A.03, is amended to read:
81.7 	260A.03 NOTICE TO PARENT OR GUARDIAN WHEN CHILD IS A 
81.8 	CONTINUING TRUANT.
81.9 	Upon a child's initial classification as a continuing truant, the school attendance 
81.10 	officer or other designated school official shall notify the child's parent or legal guardian, 
81.11 	by first-class mail or other reasonable means, of the following:
81.12 	(1) that the child is truant;
81.13 	(2) that the parent or guardian should notify the school if there is a valid excuse 
81.14 	for the child's absences;
81.15 	(3) that the parent or guardian is obligated to compel the attendance of the child 
81.16 	at school pursuant to section 120A.22 and parents or guardians who fail to meet this 
81.17 	obligation may be subject to prosecution under section 120A.34;
81.18 	(4) that this notification serves as the notification required by section 120A.34;
81.19 	(5) that alternative educational programs and services may be available in the child's 
81.20 	enrolling or resident district;
81.21 	(6) that the parent or guardian has the right to meet with appropriate school personnel 
81.22 	to discuss solutions to the child's truancy;
81.23 	(7) that if the child continues to be truant, the parent and child may be subject to 
81.24 	juvenile court proceedings under chapter 260C;
81.25 	(8) that if the child is subject to juvenile court proceedings, the child may be subject 
81.26 	to suspension, restriction, or delay of the child's driving privilege pursuant to section 
81.27 	260C.201; and
81.28 	(9) that it is recommended that the parent or guardian accompany the child to school 
81.29 	and attend classes with the child for one day.

81.30 	Sec. 4. Minnesota Statutes 2012, section 260A.05, subdivision 1, is amended to read:
81.31 		Subdivision 1.Establishment. A school district or charter school may establish 
81.32 	one or more school attendance review boards to exercise the powers and duties in this 
81.33 	section. The school district or charter school board shall appoint the members of the 
82.1 	school attendance review board and designate the schools within the board's jurisdiction. 
82.2 	Members of a school attendance review board may include:
82.3 	(1) the superintendent of the school district or the superintendent's designee or 
82.4 	charter school director or the director's designee;
82.5 	(2) a principal and one or more other school officials from within the district or 
82.6 	charter school;
82.7 	(3) parent representatives;
82.8 	(4) representatives from community agencies that provide services for truant 
82.9 	students and their families;
82.10 	(5) a juvenile probation officer;
82.11 	(6) school counselors and attendance officers; and
82.12 	(7) law enforcement officers.

82.13 	Sec. 5. Minnesota Statutes 2012, section 260A.07, subdivision 1, is amended to read:
82.14 		Subdivision 1.Establishment; referrals. A county attorney may establish a truancy 
82.15 	mediation program for the purpose of resolving truancy problems without court action. If 
82.16 	a student is in a school district or charter school that has established a school attendance 
82.17 	review board, the student may be referred to the county attorney under section 260A.06, 
82.18 	subdivision 3. If the student's school district or charter school has not established a board, 
82.19 	the student may be referred to the county attorney by the school district or charter school 
82.20 	if the student continues to be truant after the parent or guardian has been sent or conveyed 
82.21 	the notice under section 260A.03.

82.22 	ARTICLE 5
82.23 	SPECIAL EDUCATION

82.24 	Section 1. Minnesota Statutes 2012, section 15.059, subdivision 5b, is amended to read:
82.25 		Subd. 5b.Continuation dependent on federal law. Notwithstanding this section, 
82.26 	the following councils and committees do not expire unless federal law no longer requires 
82.27 	the existence of the council or committee:
82.28 	(1) Rehabilitation Council for the Blind, created in section 248.10;
82.29 	(2) Juvenile Justice Advisory Committee, created in section 299A.72;
82.30 	(3) Governor's Workforce Development Council, created in section 116L.665;
82.31 	(4) local workforce councils, created in section 116L.666, subdivision 2;
82.32 	(5) Rehabilitation Council, created in section 268A.02, subdivision 2; and
82.33 	(6) Statewide Independent Living Council, created in section 268A.02, subdivision 
82.34 	2; and
83.1 	(7) Interagency Coordinating Council, created in section 125A.28.

83.2 	Sec. 2. Minnesota Statutes 2012, section 125A.0941, is amended to read:
83.3 	125A.0941 DEFINITIONS.
83.4 	(a) The following terms have the meanings given them.
83.5 	(b) "Emergency" means a situation where immediate intervention is needed to 
83.6 	protect a child or other individual from physical injury or to prevent serious property 
83.7 	damage. Emergency does not mean circumstances such as: a child who does not respond 
83.8 	to a task or request and instead places his or her head on a desk or hides under a desk or 
83.9 	table; a child who does not respond to a staff person's request unless failing to respond 
83.10 	would result in physical injury to the child or other individual; or an emergency incident 
83.11 	has already occurred and no threat of physical injury currently exists.
83.12 	(c) "Physical holding" means physical intervention intended to hold a child immobile 
83.13 	or limit a child's movement, where body contact is the only source of physical restraint, 
83.14 	and where immobilization is used to effectively gain control of a child in order to protect 
83.15 	the a child or other person individual from physical injury. The term physical holding does 
83.16 	not mean physical contact that:
83.17 	(1) helps a child respond or complete a task;
83.18 	(2) assists a child without restricting the child's movement;
83.19 	(3) is needed to administer an authorized health-related service or procedure; or
83.20 	(4) is needed to physically escort a child when the child does not resist or the child's 
83.21 	resistance is minimal.
83.22 	(d) "Positive behavioral interventions and supports" means interventions and 
83.23 	strategies to improve the school environment and teach children the skills to behave 
83.24 	appropriately.
83.25 	(e) "Prone restraint" means placing a child in a face down position.
83.26 	(f) "Restrictive procedures" means the use of physical holding or seclusion in an 
83.27 	emergency. Restrictive procedures must not be used to punish or otherwise discipline a 
83.28 	child.
83.29 	(g) "Seclusion" means confining a child alone in a room from which egress is barred. 
83.30 	Egress may be barred by an adult locking or closing the door in the room or preventing the 
83.31 	child from leaving the room. Removing a child from an activity to a location where the 
83.32 	child cannot participate in or observe the activity is not seclusion.

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

84.1 	Sec. 3. Minnesota Statutes 2012, section 125A.0942, is amended to read:
84.2 	125A.0942 STANDARDS FOR RESTRICTIVE PROCEDURES.
84.3 		Subdivision 1.Restrictive procedures plan. (a) Schools that intend to use 
84.4 	restrictive procedures shall maintain and make publicly accessible in an electronic format 
84.5 	on a school or district Web site or make a paper copy available upon request describing a 
84.6 	restrictive procedures plan for children with disabilities that includes at least the following:
84.7 	(1) lists the list of restrictive procedures the school intends to use;
84.8 	(2) describes how the school will implement a range of positive behavior strategies 
84.9 	and provide links to mental health services;
84.10 	(3) describes how the school will monitor and review the use of restrictive 
84.11 	procedures, including:
84.12 	(i)  conducting post-use debriefings, consistent with subdivision 3, paragraph (a), 
84.13 	clause (5); and 
84.14 	(ii) convening an oversight committee to undertake a quarterly review of the use 
84.15 	of restrictive procedures based on patterns or problems indicated by similarities in the 
84.16 	time of day, day of the week, duration of the use of a procedure, the individuals involved, 
84.17 	or other factors associated with the use of restrictive procedures; the number of times a 
84.18 	restrictive procedure is used schoolwide and for individual children; the number and types 
84.19 	of injuries, if any, resulting from the use of restrictive procedures; whether restrictive 
84.20 	procedures are used in nonemergency situations; the need for additional staff training; and 
84.21 	proposed actions to minimize the use of restrictive procedures; and
84.22 	(3) (4) includes a written description and documentation of the training staff 
84.23 	completed under subdivision 5.
84.24 	(b) Schools annually must publicly identify oversight committee members who 
84.25 	must at least include: 
84.26 	(1) a mental health professional, school psychologist, or school social worker; 
84.27 	(2) an expert in positive behavior strategies; 
84.28 	(3) a special education administrator; and 
84.29 	(4) a general education administrator.
84.30 		Subd. 2.Restrictive procedures. (a) Restrictive procedures may be used only by a 
84.31 	licensed special education teacher, school social worker, school psychologist, behavior 
84.32 	analyst certified by the National Behavior Analyst Certification Board, a person with a 
84.33 	master's degree in behavior analysis, other licensed education professional, highly qualified 
84.34 	paraprofessional under section 120B.363, or mental health professional under section 
84.35 	245.4871, subdivision 27, who has completed the training program under subdivision 5.
85.1 	(b) A school shall make reasonable efforts to notify the parent on the same day a 
85.2 	restrictive procedure is used on the child, or if the school is unable to provide same-day 
85.3 	notice, notice is sent within two days by written or electronic means or as otherwise 
85.4 	indicated by the child's parent under paragraph (d).
85.5 	(c) When restrictive procedures are used twice in 30 days or when a pattern emerges 
85.6 	and restrictive procedures are not included in a child's individualized education program 
85.7 	or behavior intervention plan, The district must hold a meeting of the individualized 
85.8 	education program team, conduct or review a functional behavioral analysis, review data, 
85.9 	consider developing additional or revised positive behavioral interventions and supports, 
85.10 	consider actions to reduce the use of restrictive procedures, and modify the individualized 
85.11 	education program or behavior intervention plan as appropriate. The district must hold 
85.12 	the meeting: within ten calendar days after district staff use restrictive procedures on two 
85.13 	separate school days within 30 calendar days or a pattern of use emerges and the child's 
85.14 	individualized education program or behavior intervention plan does not provide for using 
85.15 	restrictive procedures in an emergency; or at the request of a parent or the district after 
85.16 	restrictive procedures are used.  The district must review use of restrictive procedures at a 
85.17 	child's annual individualized education program meeting when the child's individualized 
85.18 	education program provides for using restrictive procedures in an emergency.
85.19 	(d) If the individualized education program team under paragraph (c) determines 
85.20 	that existing interventions and supports are ineffective in reducing the use of restrictive 
85.21 	procedures or the district uses restrictive procedures on a child on ten or more school days 
85.22 	during the same school year, the team, as appropriate, either must consult with other 
85.23 	professionals working with the child; consult with experts in behavior analysis, mental 
85.24 	health, communication, or autism; consult with culturally competent professionals; 
85.25 	review existing evaluations, resources, and successful strategies; or consider whether to 
85.26 	reevaluate the child.
85.27 	(e) At the individualized education program meeting under paragraph (c), the team 
85.28 	must review any known medical or psychological limitations, including any medical 
85.29 	information the parent provides voluntarily, that contraindicate the use of a restrictive 
85.30 	procedure, consider whether to prohibit that restrictive procedure, and document any 
85.31 	prohibition in the individualized education program or behavior intervention plan.
85.32 	(d) (f) An individualized education program team may plan for using restrictive 
85.33 	procedures and may include these procedures in a child's individualized education 
85.34 	program or behavior intervention plan; however, the restrictive procedures may be used 
85.35 	only in response to behavior that constitutes an emergency, consistent with this section. 
86.1 	The individualized education program or behavior intervention plan shall indicate how the 
86.2 	parent wants to be notified when a restrictive procedure is used.
86.3 		Subd. 3.Physical holding or seclusion. (a) Physical holding or seclusion may be 
86.4 	used only in an emergency. A school that uses physical holding or seclusion shall meet the 
86.5 	following requirements:
86.6 	(1) the physical holding or seclusion must be is the least intrusive intervention 
86.7 	that effectively responds to the emergency;
86.8 	(2) physical holding or seclusion is not used to discipline a noncompliant child;
86.9 	(3) physical holding or seclusion must endends when the threat of harm ends and 
86.10 	the staff determines that the child can safely return to the classroom or activity;
86.11 	(3) (4) staff must directly observe observes the child while physical holding or 
86.12 	seclusion is being used;
86.13 	(4) (5) each time physical holding or seclusion is used, the staff person who 
86.14 	implements or oversees the physical holding or seclusion shall document documents, as 
86.15 	soon as possible after the incident concludes, the following information:
86.16 	(i) a description of the incident that led to the physical holding or seclusion;
86.17 	(ii) why a less restrictive measure failed or was determined by staff to be 
86.18 	inappropriate or impractical;
86.19 	(iii) the time the physical holding or seclusion began and the time the child was 
86.20 	released; and
86.21 	(iv) a brief record of the child's behavioral and physical status;
86.22 	(5) (6) the room used for seclusion must:
86.23 	(i) be at least six feet by five feet;
86.24 	(ii) be well lit, well ventilated, adequately heated, and clean;
86.25 	(iii) have a window that allows staff to directly observe a child in seclusion;
86.26 	(iv) have tamperproof fixtures, electrical switches located immediately outside the 
86.27 	door, and secure ceilings;
86.28 	(v) have doors that open out and are unlocked, locked with keyless locks that 
86.29 	have immediate release mechanisms, or locked with locks that have immediate release 
86.30 	mechanisms connected with a fire and emergency system; and
86.31 	(vi) not contain objects that a child may use to injure the child or others;
86.32 	(6) (7) before using a room for seclusion, a school must:
86.33 	(i) receive written notice from local authorities that the room and the locking 
86.34 	mechanisms comply with applicable building, fire, and safety codes; and
86.35 	(ii) register the room with the commissioner, who may view that room; and
87.1 	(7) (8) until August 1, 2013 2015, a school district may use prone restraints with 
87.2 	children age five or older under the following conditions if:
87.3 	(i) a the district has provided to the department a list of staff who have had specific 
87.4 	training on the use of prone restraints;
87.5 	(ii) a the district provides information on the type of training that was provided 
87.6 	and by whom;
87.7 	(iii) prone restraints may only be used by staff who have received specific training
87.8 	 use prone restraints;
87.9 	(iv) each incident of the use of prone restraints is reported to the department within 
87.10 	five working days on a form provided by the department; and
87.11 	(v) a the district, prior to before using prone restraints, must review any known 
87.12 	medical or psychological limitations that contraindicate the use of prone restraints.
87.13 	The department will report back to the chairs and ranking minority members of the 
87.14 	legislative committees with primary jurisdiction over education policy by February 
87.15 	1, 2013, on the use of prone restraints in the schools. Consistent with item (iv), The 
87.16 	department must collect data on districts' use of prone restraints and publish the data in a 
87.17 	readily accessible format on the department's Web site on a quarterly basis.
87.18 	(b) The department must develop a statewide plan by February 1, 2013, to reduce 
87.19 	districts' use of restrictive procedures that includes By March 1, 2014, stakeholders must 
87.20 	recommend to the commissioner specific and measurable implementation and outcome 
87.21 	goals for reducing the use of restrictive procedures and the commissioner must submit to 
87.22 	the legislature a report on districts' progress in reducing the use of restrictive procedures 
87.23 	that recommends how to further reduce these procedures and eliminate the use of prone 
87.24 	restraints. The statewide plan includes the following components: measurable goals; the 
87.25 	resources, training, technical assistance, mental health services, and collaborative efforts 
87.26 	needed to significantly reduce districts' use of prone restraints; and recommendations 
87.27 	to clarify and improve the law governing districts' use of restrictive procedures. The 
87.28 	department must convene commissioner must consult with interested stakeholders to 
87.29 	develop the statewide plan and identify the need for technical assistance when preparing 
87.30 	the report, including representatives of advocacy organizations, special education 
87.31 	directors, intermediate school districts, school boards, day treatment providers, county 
87.32 	social services, state human services department staff, mental health professionals, and 
87.33 	autism experts. To assist the department and stakeholders under this paragraph, school 
87.34 	districts must report summary data to the department by July 1, 2012, on districts' use of 
87.35 	restrictive procedures during the 2011-2012 school year, including data on the number 
87.36 	of incidents involving restrictive procedures, the total number of students on which 
88.1 	restrictive procedures were used, the number of resulting injuries, relevant demographic 
88.2 	data on the students and school, and other relevant data collected by the district. By June 
88.3 	30 each year, districts must report summary data on their use of restrictive procedures to 
88.4 	the department, in a form and manner determined by the commissioner.
88.5 		Subd. 4.Prohibitions. The following actions or procedures are prohibited:
88.6 	(1) engaging in conduct prohibited under section 121A.58;
88.7 	(2) requiring a child to assume and maintain a specified physical position, activity, 
88.8 	or posture that induces physical pain;
88.9 	(3) totally or partially restricting a child's senses as punishment;
88.10 	(4) presenting an intense sound, light, or other sensory stimuli using smell, taste, 
88.11 	substance, or spray as punishment;
88.12 	(5) denying or restricting a child's access to equipment and devices such as walkers, 
88.13 	wheelchairs, hearing aids, and communication boards that facilitate the child's functioning, 
88.14 	except when temporarily removing the equipment or device is needed to prevent injury 
88.15 	to the child or others or serious damage to the equipment or device, in which case the 
88.16 	equipment or device shall be returned to the child as soon as possible;
88.17 	(6) interacting with a child in a manner that constitutes sexual abuse, neglect, or 
88.18 	physical abuse under section 626.556;
88.19 	(7) withholding regularly scheduled meals or water;
88.20 	(8) denying access to bathroom facilities; and
88.21 	(9) physical holding that restricts or impairs a child's ability to breathe, restricts or 
88.22 	impairs a child's ability to communicate distress, places pressure or weight on a child's 
88.23 	head, throat, neck, chest, lungs, sternum, diaphragm, back, or abdomen, or results in 
88.24 	straddling a child's torso.
88.25 		Subd. 5.Training for staff. (a) To meet the requirements of subdivision 1, 
88.26 	staff who use restrictive procedures, including highly qualified paraprofessionals, shall 
88.27 	complete training in the following skills and knowledge areas:
88.28 	(1) positive behavioral interventions;
88.29 	(2) communicative intent of behaviors;
88.30 	(3) relationship building;
88.31 	(4) alternatives to restrictive procedures, including techniques to identify events and 
88.32 	environmental factors that may escalate behavior;
88.33 	(5) de-escalation methods;
88.34 	(6) standards for using restrictive procedures only in an emergency;
88.35 	(7) obtaining emergency medical assistance;
88.36 	(8) the physiological and psychological impact of physical holding and seclusion;
89.1 	(9) monitoring and responding to a child's physical signs of distress when physical 
89.2 	holding is being used; and
89.3 	(10) recognizing the symptoms of and interventions that may cause positional 
89.4 	asphyxia when physical holding is used.;
89.5 	(11) district policies and procedures for timely reporting and documentation of each 
89.6 	incident involving use of a restricted procedure; and
89.7 	(12) schoolwide programs on positive behavior strategies.
89.8 	(b) The commissioner, after consulting with the commissioner of human services, 
89.9 	must develop and maintain a list of training programs that satisfy the requirements of 
89.10 	paragraph (a). The commissioner also must develop and maintain a list of experts to 
89.11 	help individualized education program teams reduce the use of restrictive procedures. 
89.12 	The district shall maintain records of staff who have been trained and the organization 
89.13 	or professional that conducted the training. The district may collaborate with children's 
89.14 	community mental health providers to coordinate trainings.
89.15 		Subd. 6.Behavior supports. School districts are encouraged to establish effective 
89.16 	schoolwide systems of positive behavior interventions and supports. Nothing in this 
89.17 	section or section 125A.0941 precludes the use of reasonable force under sections 
89.18 	121A.582; 609.06, subdivision 1; and 609.379.

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

89.20 	Sec. 4. Minnesota Statutes 2012, section 125A.27, subdivision 8, is amended to read:
89.21 		Subd. 8.Eligibility for Part C. "Eligibility for Part C" means eligibility for 
89.22 	early childhood special education infant and toddler intervention services under section 
89.23 	125A.02 and Minnesota Rules.

89.24 	Sec. 5. Minnesota Statutes 2012, section 125A.27, subdivision 11, is amended to read:
89.25 		Subd. 11.Interagency child find systems. "Interagency child find systems" means 
89.26 	activities developed on an interagency basis with the involvement of interagency early 
89.27 	intervention committees and other relevant community groups, including primary referral 
89.28 	sources included in Code of Federal Regulations, title 34, section 303.303(c), using 
89.29 	rigorous standards to actively seek out, identify, and refer infants and young children, 
89.30 	with, or at risk of, disabilities, and their families, including a child to reduce the need for 
89.31 	future services. The child find system must mandate referrals for a child under the age of 
89.32 	three who: (1) is involved in the subject of a substantiated case of abuse or neglect, or 
89.33 	(2) is identified as directly affected by illegal substance abuse, or withdrawal symptoms 
89.34 	resulting from prenatal drug exposure, to reduce the need for future services. The referral 
90.1 	procedures must specify that a referral must occur within seven calendar days from the 
90.2 	date of identification.

90.3 	Sec. 6. Minnesota Statutes 2012, section 125A.27, subdivision 14, is amended to read:
90.4 		Subd. 14.Parent. "Parent" means the biological parent with parental rights, 
90.5 	adoptive parent, legal guardian, or surrogate parent "parent" as defined by Code of Federal 
90.6 	Regulations, title 34, section 303.27, or a surrogate parent appointed in accordance with 
90.7 	Code of Federal Regulations, title 34, section 303.422, or United States Code, title 20, 
90.8 	section 1439(a)(5).

90.9 	Sec. 7. Minnesota Statutes 2012, section 125A.28, is amended to read:
90.10 	125A.28 STATE INTERAGENCY COORDINATING COUNCIL.
90.11 	An Interagency Coordinating Council of at least 17, but not more than 25 members 
90.12 	is established, in compliance with Public Law 108-446, section 641. The members must 
90.13 	be appointed by the governor and reasonably represent the population of Minnesota. 
90.14 	Council members must elect the council chair, who may not be a representative of the 
90.15 	Department of Education. The representative of the commissioner may not serve as the 
90.16 	chair. The council must be composed of at least five parents, including persons of color, 
90.17 	of children with disabilities under age 12, including at least three parents of a child 
90.18 	with a disability under age seven, five representatives of public or private providers 
90.19 	of services for children with disabilities under age five, including a special education 
90.20 	director, county social service director, local Head Start director, and a community health 
90.21 	services or public health nursing administrator, one member of the senate, one member of 
90.22 	the house of representatives, one representative of teacher preparation programs in early 
90.23 	childhood-special education or other preparation programs in early childhood intervention, 
90.24 	at least one representative of advocacy organizations for children with disabilities under 
90.25 	age five, one physician who cares for young children with special health care needs, one 
90.26 	representative each from the commissioners of commerce, education, health, human 
90.27 	services, a representative from the state agency responsible for child care, foster care, 
90.28 	mental health, homeless coordinator of education of homeless children and youth, and a 
90.29 	representative from Indian health services or a tribal council. Section 15.059, subdivisions 
90.30 	2 to 5, apply to the council. The council must meet at least quarterly.
90.31 	The council must address methods of implementing the state policy of developing 
90.32 	and implementing comprehensive, coordinated, multidisciplinary interagency programs of 
90.33 	early intervention services for children with disabilities and their families.
91.1 	The duties of the council include recommending policies to ensure a comprehensive 
91.2 	and coordinated system of all state and local agency services for children under age five 
91.3 	with disabilities and their families. The policies must address how to incorporate each 
91.4 	agency's services into a unified state and local system of multidisciplinary assessment 
91.5 	practices, individual intervention plans, comprehensive systems to find children in need of 
91.6 	services, methods to improve public awareness, and assistance in determining the role of 
91.7 	interagency early intervention committees.
91.8 	On the date that Minnesota Part C Annual Performance Report is submitted to the 
91.9 	federal Office of Special Education, the council must recommend to the governor and the 
91.10 	commissioners of education, health, human services, commerce, and employment and 
91.11 	economic development policies for a comprehensive and coordinated system.
91.12 	On an annual basis, the council must prepare and submit an annual report to the 
91.13 	governor and the secretary of the federal Department of Education on the status of early 
91.14 	intervention services and programs for infants and toddlers with disabilities and their 
91.15 	families under the Individuals with Disabilities Education Act, United States Code, title 
91.16 	20, sections 1471 to 1485 (Part C, Public Law 102-119), as operated in Minnesota. The 
91.17 	Minnesota Part C annual performance report may serve as the report.
91.18 	Notwithstanding any other law to the contrary, the State Interagency Coordinating 
91.19 	Council expires on June 30, 2014 does not expire unless federal law no longer requires 
91.20 	the existence of the council or committee.

91.21 	Sec. 8. Minnesota Statutes 2012, section 125A.29, is amended to read:
91.22 	125A.29 RESPONSIBILITIES OF COUNTY BOARDS AND SCHOOL 
91.23 	BOARDS.
91.24 	(a) It is the joint responsibility of county boards and school boards to coordinate, 
91.25 	provide, and pay for appropriate services, and to facilitate payment for services from public 
91.26 	and private sources. Appropriate services for children eligible under section 125A.02 must 
91.27 	be determined in consultation with parents, physicians, and other educational, medical, 
91.28 	health, and human services providers. The services provided must be in conformity with:
91.29 	(1) an IFSP for each eligible infant and toddler from birth through age two and 
91.30 	the infant's or toddler's family including:
91.31 	(i) American Indian infants and toddlers with disabilities and their families residing 
91.32 	on a reservation geographically located in the state;
91.33 	(ii) infants and toddlers with disabilities who are homeless children and their 
91.34 	families; and
91.35 	(iii) infants and toddlers with disabilities who are wards of the state; or
92.1 	(2) an individualized education program (IEP) or individual service plan (ISP) for 
92.2 	each eligible child ages three through four.
92.3 	(b) Appropriate early intervention services include family education and 
92.4 	counseling, home visits, occupational and physical therapy, speech pathology, audiology, 
92.5 	psychological services, special instruction, nursing, respite, nutrition, assistive technology, 
92.6 	transportation and related costs, social work, vision services, case management services 
92.7 	provided in conformity with an IFSP that are designed to meet the special developmental 
92.8 	needs of an eligible child and the needs of the child's family related to enhancing the 
92.9 	child's development and that are selected in collaboration with the parent. These services 
92.10 	include core early intervention services and additional early intervention services listed in 
92.11 	this section and infant and toddler intervention services defined under United States Code, 
92.12 	title 20, sections 1431 to 1444 and Code of Federal Regulations, title 34, section 303,
92.13 	 including service coordination under section 125A.33, medical services for diagnostic and 
92.14 	evaluation purposes, early identification, and screening, assessment, and health services 
92.15 	necessary to enable children with disabilities to benefit from early intervention services.
92.16 	(c) School and county boards shall coordinate early intervention services. In the 
92.17 	absence of agreements established according to section 125A.39, service responsibilities 
92.18 	for children birth through age two are as follows:
92.19 	(1) school boards must provide, pay for, and facilitate payment for special education 
92.20 	and related services required under sections 125A.03 and 125A.06;
92.21 	(2) county boards must provide, pay for, and facilitate payment for noneducational 
92.22 	services of social work, psychology, transportation and related costs, nursing, respite, and 
92.23 	nutrition services not required under clause (1).
92.24 	(d) School and county boards may develop an interagency agreement according 
92.25 	to section 125A.39 to establish agency responsibility that assures early intervention 
92.26 	services are coordinated, provided, paid for, and that payment is facilitated from public 
92.27 	and private sources.
92.28 	(e) County and school boards must jointly determine the primary agency in this 
92.29 	cooperative effort and must notify the commissioner of the state lead agency of their 
92.30 	decision.

92.31 	Sec. 9. Minnesota Statutes 2012, section 125A.30, is amended to read:
92.32 	125A.30 INTERAGENCY EARLY INTERVENTION COMMITTEES.
92.33 	(a) A school district, group of districts, or special education cooperative, in 
92.34 	cooperation with the health and human service agencies located in the county or counties 
92.35 	in which the district or cooperative is located, must establish an Interagency Early 
93.1 	Intervention Committee for children with disabilities under age five and their families 
93.2 	under this section, and for children with disabilities ages three to 22 consistent with 
93.3 	the requirements under sections 125A.023 and 125A.027. Committees must include 
93.4 	representatives of local health, education, and county human service agencies, county 
93.5 	boards, school boards, early childhood family education programs, Head Start, parents of 
93.6 	young children with disabilities under age 12, child care resource and referral agencies, 
93.7 	school readiness programs, current service providers, and may also include representatives 
93.8 	from other private or public agencies and school nurses. The committee must elect a chair 
93.9 	from among its members and must meet at least quarterly.
93.10 	(b) The committee must develop and implement interagency policies and procedures 
93.11 	concerning the following ongoing duties:
93.12 	(1) develop public awareness systems designed to inform potential recipient families, 
93.13 	especially parents with premature infants, or infants with other physical risk factors 
93.14 	associated with learning or development complications, of available programs and services;
93.15 	(2) to reduce families' need for future services, and especially parents with premature 
93.16 	infants, or infants with other physical risk factors associated with learning or development 
93.17 	complications, implement interagency child find systems designed to actively seek out, 
93.18 	identify, and refer infants and young children with, or at risk of, disabilities, including 
93.19 	a child under the age of three who: (i) is involved in the subject of a substantiated case 
93.20 	of abuse or neglect or (ii) is identified as directly affected by illegal substance abuse, or 
93.21 	withdrawal symptoms resulting from prenatal drug exposure;
93.22 	(3) establish and evaluate the identification, referral, child screening, evaluation, 
93.23 	child- and family-directed assessment systems, procedural safeguard process, 
93.24 	and community learning systems to recommend, where necessary, alterations and 
93.25 	improvements;
93.26 	(4) assure the development of individualized family service plans for all eligible 
93.27 	infants and toddlers with disabilities from birth through age two, and their families, 
93.28 	and individualized education programs and individual service plans when necessary to 
93.29 	appropriately serve children with disabilities, age three and older, and their families and 
93.30 	recommend assignment of financial responsibilities to the appropriate agencies;
93.31 	(5) implement a process for assuring that services involve cooperating agencies at all 
93.32 	steps leading to individualized programs;
93.33 	(6) facilitate the development of a transitional transition plan if a service provider is 
93.34 	not recommended to continue to provide services in the individual family service plan by 
93.35 	the time a child is two years and nine months old;
94.1 	(7) identify the current services and funding being provided within the community 
94.2 	for children with disabilities under age five and their families;
94.3 	(8) develop a plan for the allocation and expenditure of additional state and federal 
94.4 	early intervention funds under United States Code, title 20, section 1471 et seq. (Part C, 
94.5 	Public Law 108-446) and United States Code, title 20, section 631, et seq. (Chapter I, 
94.6 	Public Law 89-313); and
94.7 	(9) develop a policy that is consistent with section 13.05, subdivision 9, and federal 
94.8 	law to enable a member of an interagency early intervention committee to allow another 
94.9 	member access to data classified as not public.
94.10 	(c) The local committee shall also:
94.11 	(1) participate in needs assessments and program planning activities conducted by 
94.12 	local social service, health and education agencies for young children with disabilities 
94.13 	and their families; and.
94.14 	(2) review and comment on the early intervention section of the total special 
94.15 	education system for the district, the county social service plan, the section or sections of 
94.16 	the community health services plan that address needs of and service activities targeted 
94.17 	to children with special health care needs, the section on children with special needs in 
94.18 	the county child care fund plan, sections in Head Start plans on coordinated planning and 
94.19 	services for children with special needs, any relevant portions of early childhood education 
94.20 	plans, such as early childhood family education or school readiness, or other applicable 
94.21 	coordinated school and community plans for early childhood programs and services, and 
94.22 	the section of the maternal and child health special project grants that address needs of and 
94.23 	service activities targeted to children with chronic illness and disabilities.

94.24 	Sec. 10. Minnesota Statutes 2012, section 125A.32, is amended to read:
94.25 	125A.32 INDIVIDUALIZED FAMILY SERVICE PLAN (IFSP).
94.26 	(a) A team must participate in IFSP meetings to develop the IFSP. The team shall 
94.27 	include:
94.28 	(1) a parent or parents of the child, as defined in Code of Federal Regulations, 
94.29 	title 34, section 303.27;
94.30 	(2) other family members, as requested by the parent, if feasible to do so;
94.31 	(3) an advocate or person outside of the family, if the parent requests that the 
94.32 	person participate;
94.33 	(4) the service coordinator who has been working with the family since the 
94.34 	initial referral, or who has been designated by the public agency to be responsible for 
95.1 	implementation of the IFSP and coordination with other agencies including transition 
95.2 	services; and
95.3 	(5) a person or persons involved in conducting evaluations and assessments.; and
95.4 	(6) as appropriate, persons who will be providing early intervention services under 
95.5 	the plan to the child or family.
95.6 	(b) The IFSP must include:
95.7 	(1) information about the child's developmental status;
95.8 	(2) family information, with the consent of the family;
95.9 	(3) measurable results or major outcomes expected to be achieved by the child with 
95.10 	the family's assistance, that include developmentally appropriate preliteracy and language 
95.11 	skills for the child, and the criteria, procedures, and timelines;
95.12 	(4) specific early intervention services based on peer-reviewed research, to the 
95.13 	extent practicable, necessary to meet the unique needs of the child and the family to 
95.14 	achieve the outcomes;
95.15 	(5) payment arrangements, if any;
95.16 	(6) medical and other services that the child needs, but that are not required under 
95.17 	the Individual with Disabilities Education Act, United States Code, title 20, section 1471 
95.18 	et seq. (Part C, Public Law 108-446) including funding sources to be used in paying for 
95.19 	those services and the steps that will be taken to secure those services through public 
95.20 	or private sources;
95.21 	(7) dates and duration of early intervention services;
95.22 	(8) name of the service coordinator;
95.23 	(9) steps to be taken to support a child's transition from early infant and toddler
95.24 	 intervention services to other appropriate services, including convening a transition 
95.25 	conference at least 90 days or, at the discretion of all parties, not more than nine months 
95.26 	before the child is eligible for preschool services; and
95.27 	(10) signature of the parent and authorized signatures of the agencies responsible 
95.28 	for providing, paying for, or facilitating payment, or any combination of these, for early
95.29 	 infant and toddler intervention services.

95.30 	Sec. 11. Minnesota Statutes 2012, section 125A.33, is amended to read:
95.31 	125A.33 SERVICE COORDINATION.
95.32 	(a) The team responsible for the initial evaluation and the child- and family-directed 
95.33 	assessment and for developing the IFSP under section 125A.32, if appropriate, must 
95.34 	select a service coordinator to carry out service coordination activities on an interagency 
95.35 	basis. Service coordination must actively promote a family's capacity and competency 
96.1 	to identify, obtain, coordinate, monitor, and evaluate resources and services to meet the 
96.2 	family's needs. Service coordination activities include:
96.3 	(1) coordinating the performance of evaluations and assessments;
96.4 	(2) facilitating and participating in the development, review, and evaluation of 
96.5 	individualized family service plans;
96.6 	(3) assisting families in identifying available service providers;
96.7 	(4) coordinating and monitoring the delivery of available services;
96.8 	(5) informing families of the availability of advocacy services;
96.9 	(6) coordinating with medical, health, and other service providers;
96.10 	(7) facilitating the development of a transition plan to preschool, school, or if 
96.11 	appropriate, to other services, at least 90 days before the time the child is no longer 
96.12 	eligible for early infant and toddler intervention services or, at the discretion of all parties, 
96.13 	not more than nine months prior to the child's eligibility for preschool services third 
96.14 	birthday, if appropriate;
96.15 	(8) managing the early intervention record and submitting additional information to 
96.16 	the local primary agency at the time of periodic review and annual evaluations; and
96.17 	(9) notifying a local primary agency when disputes between agencies impact service 
96.18 	delivery required by an IFSP.
96.19 	(b) A service coordinator must be knowledgeable about children and families 
96.20 	receiving services under this section, requirements of state and federal law, and services 
96.21 	available in the interagency early childhood intervention system. The IFSP must include 
96.22 	the name of the services coordinator from the profession most relevant to the child's or 
96.23 	family's needs or who is otherwise qualified to carry out all applicable responsibilities 
96.24 	under the Individuals with Disabilities Education Act, United States Code, title 20, 
96.25 	sections 1471 to 1485 (Part C, Public Law 102-119), who will be responsible for 
96.26 	implementing the early intervention services identified in the child's IFSP, including 
96.27 	transition services, and coordination with other agencies and persons.

96.28 	Sec. 12. Minnesota Statutes 2012, section 125A.35, subdivision 1, is amended to read:
96.29 		Subdivision 1.Lead agency; allocation of resources. The state lead agency must 
96.30 	administer the early intervention account that consists of federal allocations. The Part C 
96.31 	state plan must state the amount of federal resources in the early intervention account 
96.32 	available for use by local agencies. The state lead agency must distribute the funds to the 
96.33 	local primary agency designated by an Interagency Early Intervention Committee based 
96.34 	on a formula that includes a December 1 count of the prior year of Part C eligible children 
96.35 	for the following purposes:
97.1 	(1) as provided in Code of Federal Regulations, title 34, part 303.425 303.430, to 
97.2 	arrange for payment for early intervention services not elsewhere available, or to pay for 
97.3 	services during the pendency of a conflict procedure, including mediation, complaints, due 
97.4 	process hearings, and interagency disputes; and
97.5 	(2) to support interagency child find system activities.

97.6 	Sec. 13. Minnesota Statutes 2012, section 125A.36, is amended to read:
97.7 	125A.36 PAYMENT FOR SERVICES.
97.8 	Core early intervention services must be provided at public expense with no cost to 
97.9 	parents. Parents must be requested to assist in the cost of additional early intervention 
97.10 	services by using third-party payment sources and applying for available resources. 
97.11 	Payment structures permitted under state law must be used to pay for additional early 
97.12 	intervention services. Parental financial responsibility must be clearly defined in the 
97.13 	IFSP. A parent's inability to pay must not prohibit a child from receiving needed early 
97.14 	intervention services.

97.15 	Sec. 14. Minnesota Statutes 2012, section 125A.43, is amended to read:
97.16 	125A.43 MEDIATION PROCEDURE.
97.17 	(a) The commissioner, or the commissioner's designee, of the state lead agency must 
97.18 	use federal funds to provide mediation for the activities in paragraphs (b) and (c).
97.19 	(b) A parent may resolve a dispute regarding issues in section 125A.42, paragraph 
97.20 	(b), clause (5), through mediation. If the parent chooses mediation, mediation must be 
97.21 	voluntary on the part of the parties. The parent and the public agencies must complete the 
97.22 	mediation process within 30 calendar days of the date the Office of Dispute Resolution
97.23 	 Department of Education receives a parent's written request for mediation signed by 
97.24 	the parent and the district. The mediation process may not be used to delay a parent's 
97.25 	right to a due process hearing. The resolution of the mediation is not binding on any 
97.26 	party both parties.
97.27 	(c) Resolution of a dispute through mediation, or other form of alternative dispute 
97.28 	resolution, is not limited to formal disputes arising from the objection of a parent or 
97.29 	guardian and is not limited to the period following a request for a due process hearing.
97.30 	(d) The commissioner shall provide training and resources to school districts to 
97.31 	facilitate early identification of disputes and access to mediation.
97.32 	(e) The local primary agency may request mediation on behalf of involved agencies 
97.33 	when there are disputes between agencies regarding responsibilities to coordinate, provide, 
97.34 	pay for, or facilitate payment for early intervention services.

98.1 	Sec. 15. RULEMAKING AUTHORITY.
 98.2 	The commissioner of education shall amend Minnesota Rules related to the 
98.3 	provision of special education under Part C of the Individuals with Disabilities Education 
98.4 	Act using the expedited rulemaking process in Minnesota Statutes, section 14.389. The 
98.5 	commissioner shall amend rules in response to new federal regulations in Code of 
98.6 	Federal Regulations, title 34, part 303, including definitions of and procedures related to 
98.7 	evaluation and assessment, including assessment of the child and family, initial evaluation 
98.8 	and assessment, native language, the use of informed clinical opinion as an independent 
98.9 	basis to establish eligibility, and transition of a toddler from Part C consistent with Code 
98.10 	of Federal Regulations, title 34, sections 303.24, 303.25, and 303.321.

98.11 	Sec. 16. APPROPRIATION.
 98.12 	$....... is appropriated from the general fund in fiscal year 2014 to the commissioner 
98.13 	of education to help school districts address the needs of children subject to a high use 
98.14 	of prone restraints under Minnesota Statutes, sections 125A.0941 and 125A.0942, and 
98.15 	work with the commissioner of human services to coordinate appropriations, resources, 
98.16 	and staff expertise to help these children.

98.17 	EFFECTIVE DATE. This section is effective July 1, 2013.

98.18 	Sec. 17.  REPEALER.
 98.19 	Minnesota Statutes 2012, section 125A.35, subdivisions 4 and 5, are repealed.

98.20 	ARTICLE 6
98.21 	EARLY CHILDHOOD

98.22 	Section 1. Laws 2011, First Special Session chapter 11, article 7, section 2, subdivision 
98.23 	8, as amended by Laws 2012, chapter 239, article 3, section 4, is amended to read:
98.24 		Subd. 8.Early childhood education scholarships. For grants to early childhood 
98.25 	education scholarships for public or private early childhood preschool programs for 
98.26 	children ages 3 to 5:

98.27		$
	2,000,000
	.....
	2013
	
98.28 	(a) All children whose parents or legal guardians meet the eligibility requirements 
98.29 	of paragraph (b) established by the commissioner are eligible to receive early childhood 
98.30 	education scholarships under this section.
98.31 	(b) A parent or legal guardian is eligible for an early childhood education scholarship 
98.32 	if the parent or legal guardian:
99.1 	(1) has a child three or four years of age on September 1, beginning in calendar 
99.2 	year 2012; and
99.3 	(2)(i) has income equal to or less than 47 percent of the state median income in the 
99.4 	current calendar year; or
99.5 	(ii) can document their child's identification through another public funding 
99.6 	eligibility process, including the Free and Reduced Price Lunch Program, National School 
99.7 	Lunch Act, United States Code, title 42, section 1751, part 210; Head Start under federal 
99.8 	Improving Head Start for School Readiness Act of 2007; Minnesota family investment 
99.9 	program under chapter 256J; and child care assistance programs under chapter 119B.
99.10 	 Early childhood scholarships may not be counted as earned income for the purposes of 
99.11 	medical assistance, MinnesotaCare, MFIP, child care assistance, or Head Start programs.
99.12 	Each year, if this appropriation is insufficient to provide early childhood education 
99.13 	scholarships to all eligible children, the Department of Education shall make scholarships 
99.14 	available on a first-come, first-served basis.
99.15 	The commissioner of education shall submit a written report to the education 
99.16 	committees of the legislature by January 15, 2012, describing its plan for implementation 
99.17 	of scholarships under this subdivision for the 2012-2013 school year.
99.18 	Any balance in the first year does not cancel but is available in the second year.
99.19 	The base for this program is $3,000,000 each year.