HF 2397

1st Unofficial Engrossment - 88th Legislature (2013 - 2014)

Posted on 04/23/2014 10:30 a.m.

1.1A bill for an act 1.2relating to education; providing for policy and technical modifications in early 1.3childhood and family, kindergarten through grade 12, and adult education 1.4including general education, education excellence, special programs, nutrition, 1.5libraries, English learners, and interstate compact on educational opportunity 1.6for military children; unsession changes;amending Minnesota Statutes 2012, 1.7sections 13.32, subdivision 6; 119A.50, subdivision 3; 120A.22, subdivision 2; 1.8120A.32; 120B.022; 120B.12; 120B.31, by adding a subdivision; 121A.36; 1.9121A.582, subdivision 1; 122A.06, subdivision 4; 122A.09, subdivision 7; 1.10122A.14, subdivisions 2, 3; 122A.18, subdivisions 2a, 4; 122A.19; 122A.40, 1.11subdivisions 5, 13; 122A.41, subdivisions 2, 6; 122A.413, subdivision 2; 1.12122A.414, subdivision 2; 122A.60, subdivisions 1a, 2, 3; 122A.68, subdivision 1.133; 122A.74; 123A.06, subdivisions 2, 4; 123B.04, subdivision 4; 123B.147, 1.14subdivision 3; 123B.88, subdivision 1; 124D.03, subdivisions 3, 4, 5, 6, by 1.15adding a subdivision; 124D.08, by adding a subdivision; 124D.09, subdivisions 1.166, 7; 124D.111, subdivision 3; 124D.13, subdivision 2; 124D.141, subdivisions 1.172, 3; 124D.15, subdivision 3; 124D.49, subdivision 3; 124D.52, as amended; 1.18124D.522; 124D.59, subdivision 2, by adding a subdivision; 124D.895; 1.19124D.8955; 125A.023, subdivisions 3, 4; 125A.027, subdivisions 1, 4; 125A.03; 1.20125A.08; 125A.22; 127A.065; 127A.41, subdivision 7; 127A.70, subdivision 1.211; 134.355, subdivision 8; 260D.06, subdivision 2; Minnesota Statutes 2013 1.22Supplement, sections 120B.021, subdivision 4; 120B.11; 120B.115; 120B.125; 1.23120B.35, subdivision 3; 120B.36, subdivision 1; 122A.09, subdivision 4; 1.24122A.18, subdivision 2; 122A.23, subdivision 2; 122A.40, subdivision 8; 1.25122A.41, subdivision 5; 124D.10, subdivision 3; 124D.165, subdivisions 2, 1.264, 5; 124D.4531, subdivisions 1, 3, 3a; 124D.861, subdivision 3; 125A.0942, 1.27subdivision 2; 125A.30; 127A.70, subdivision 2; 626.556, subdivision 2; 1.28proposing coding for new law in Minnesota Statutes, chapters 124D; 127A; 1.29repealing Minnesota Statutes 2012, sections 119A.04, subdivision 3; 120A.30; 1.30120B.19; 120B.24; 120B.35, subdivision 4; 121A.17, subdivision 9; 122A.19, 1.31subdivision 3; 122A.52; 122A.53; 122A.61, subdivision 2; 122A.71; 124D.24; 1.32124D.25; 124D.26; 124D.27; 124D.28; 124D.29; 124D.30; 124D.31; 125A.027, 1.33subdivision 3. 1.34BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 2.1ARTICLE 1 2.2GENERAL EDUCATION 2.3    Section 1. Minnesota Statutes 2012, section 123B.88, subdivision 1, is amended to read: 2.4    Subdivision 1. Providing transportation. The board may provide for the 2.5transportation of pupils to and from school and for any other purpose. The board may 2.6also provide for the transportation of pupils to schools in other districts for grades and 2.7departments not maintained in the district, including high school, at the expense of 2.8the district, when funds are available therefor and if agreeable to the district to which 2.9it is proposed to transport the pupils, for the whole or a part of the school year, as it 2.10may deem advisable, and subject to its rules. In any district, the board must arrange 2.11for the attendance of all pupils living two miles or more from the school, except pupils 2.12whose transportation privileges have been voluntarily surrendered under subdivision 2, 2.13or whose privileges have been revoked under section 123B.91, subdivision 1, clause 2.14(6), or 123B.90, subdivision 2. The district may provide for the transportation of or the 2.15boarding and rooming of the pupils who may be more economically and conveniently 2.16provided for by that means. Arrangements for attendance may include a requirement 2.17that parents or guardians request transportation before it is provided. The board must 2.18provide transportation to and from the home of a child with a disability not yet enrolled in 2.19kindergarten when special instruction and services under sections 125A.03 to 125A.24, 2.20125A.26 to 125A.48, and 125A.65 are provided in a location other than in the child's home 2.21 new text begin district facility, a placement contracted for by the district, or a Head Start program if the new text end 2.22 new text begin Head Start program does not otherwise provide transportation new text end . When transportation is 2.23provided, scheduling of routes, establishment of the location of bus stops, manner and 2.24method of transportation, control and discipline of school children, the determination of 2.25fees, and any other matter relating thereto must be within the sole discretion, control, and 2.26management of the board. The district may provide for the transportation of pupils or 2.27expend a reasonable amount for room and board of pupils whose attendance at school can 2.28more economically and conveniently be provided for by that means or who attend school 2.29in a building rented or leased by a district within the confines of an adjacent district. 2.30    Sec. 2. Minnesota Statutes 2012, section 124D.08, is amended by adding a subdivision 2.31to read: 2.32     new text begin Subd. 2b. new text end new text begin Continued enrollment for students placed in foster care. new text end 2.33 new text begin Notwithstanding subdivision 2, a pupil who has been enrolled in a district who is placed new text end 2.34 new text begin in foster care in another district may continue to enroll in the prior district without the new text end 3.1 new text begin approval of the board of the prior district. The approval of the board where the pupil's new text end 3.2 new text begin foster home is located is not required. new text end 3.3ARTICLE 2 3.4EDUCATION EXCELLENCE 3.5    Section 1. Minnesota Statutes 2012, section 13.32, subdivision 6, is amended to read: 3.6    Subd. 6. Admissions forms; remedial instruction. (a) Minnesota postsecondary 3.7education institutions, for purposes of reporting and research, may collect on the 3.81986-1987 admissions form, and disseminate to any public educational agency or 3.9institution the following data on individuals: student sex, ethnic background, age, and 3.10disabilities. The data shall not be required of any individual and shall not be used for 3.11purposes of determining the person's admission to an institution. 3.12(b) A school district that receives information under subdivision 3, paragraph 3.13(h) from a postsecondary institution about an identifiable student shall maintain the 3.14data as educational data and use that data to conduct studies to improve instruction. 3.15Public postsecondary systems annually shall provide summary data to the Department 3.16of Education indicating new text begin as part of their participation in the Statewide Longitudinal new text end 3.17 new text begin Education Data System shall provide data on new text end the extent and content of the remedial 3.18instruction received in each system during the prior academic year by new text begin individual students new text end , 3.19and the results of assessment testing and the academic performance of, students who 3.20graduated from a Minnesota school district within two years before receiving the remedial 3.21instruction. The department new text begin Office of Higher Education, in collaboration with the new text end 3.22 new text begin Department of Education, new text end shall evaluate the data and annually report its findings to the 3.23education committees of the legislature. 3.24(c) This section supersedes any inconsistent provision of law. 3.25    Sec. 2. Minnesota Statutes 2013 Supplement, section 120B.021, subdivision 4, is 3.26amended to read: 3.27    Subd. 4. Revisions and reviews required. (a) The commissioner of education must 3.28revise and appropriately embed technology and information literacy standards consistent 3.29with recommendations from school media specialists into the state's academic standards 3.30and graduation requirements and implement a ten-year cycle to review and revise state 3.31academic standards and related benchmarks, consistent with this subdivision. During each 3.32ten-year review and revision cycle, the commissioner also must examine the alignment 3.33of each required academic standard and related benchmark with the knowledge and 3.34skills students need for career and college readiness and advanced work in the particular 4.1subject area. The commissioner must include the contributions of Minnesota American 4.2Indian tribes and communities as related to the academic standards during the review and 4.3revision of the required academic standards. 4.4    (b) The commissioner must ensure that the statewide mathematics assessments 4.5administered to students in grades 3 through 8 and 11 are aligned with the state academic 4.6standards in mathematics, consistent with section 120B.30, subdivision 1, paragraph 4.7(b). The commissioner must implement a review of the academic standards and related 4.8benchmarks in mathematics beginning in the 2015-2016 school year new text begin and every ten years new text end 4.9 new text begin thereafter new text end . 4.10(c) The commissioner must implement a review of the academic standards and related 4.11benchmarks in arts beginning in the 2016-2017 school year new text begin and every ten years thereafter new text end . 4.12(d) The commissioner must implement a review of the academic standards and 4.13related benchmarks in science beginning in the 2017-2018 school year new text begin and every ten new text end 4.14 new text begin years thereafter new text end . 4.15(e) The commissioner must implement a review of the academic standards and 4.16related benchmarks in language arts beginning in the 2018-2019 school year new text begin and every new text end 4.17 new text begin ten years thereafter new text end . 4.18(f) The commissioner must implement a review of the academic standards and 4.19related benchmarks in social studies beginning in the 2019-2020 school year new text begin and every new text end 4.20 new text begin ten years thereafter new text end . 4.21(g) School districts and charter schools must revise and align local academic 4.22standards and high school graduation requirements in health, world languages, and career 4.23and technical education to require students to complete the revised standards beginning 4.24in a school year determined by the school district or charter school. School districts and 4.25charter schools must formally establish a periodic review cycle for the academic standards 4.26and related benchmarks in health, world languages, and career and technical education. 4.27    Sec. 3. Minnesota Statutes 2012, section 120B.022, is amended to read: 4.28120B.022 ELECTIVE STANDARDS. 4.29    Subdivision 1. Elective standards. (a) A district must establish its own standards in 4.30the following subject areas: 4.31    (1) career and technical education; and 4.32    (2) world languages. 4.33    A school district must offer courses in all elective subject areas. 4.34     new text begin Subd. 1a. new text end new text begin Foreign language and culture; proficiency certificates. new text end (b) new text begin (a) new text end World 4.35languages teachers and other school staff should develop and implement world languages 5.1programs that acknowledge and reinforce the language proficiency and cultural awareness 5.2that non-English language speakers already possess, and encourage students' proficiency 5.3in multiple world languages. Programs under this paragraph new text begin section new text end must encompass 5.4indigenous American Indian languages and cultures, among other world languages and 5.5cultures. The department shall consult with postsecondary institutions in developing 5.6related professional development opportunities new text begin for purposes of this section new text end . 5.7(c) new text begin (b) new text end Any Minnesota public, charter, or nonpublic school may award Minnesota 5.8World Language Proficiency Certificates or Minnesota World Language Proficiency High 5.9Achievement Certificates, consistent with this subdivision. 5.10 new text begin (c) new text end The Minnesota World Language Proficiency Certificate recognizes students who 5.11demonstrate listening, speaking, reading, and writing language skills at the American 5.12Council on the Teaching of Foreign Languages' Intermediate-Low level on a valid and 5.13reliable assessment tool. For languages listed as Category 3 by the United States Foreign 5.14Service Institute or Category 4 by the United States Defense Language Institute, the 5.15standard is Intermediate-Low for listening and speaking and Novice-High for reading 5.16and writing. 5.17 new text begin (d) new text end The Minnesota World Language Proficiency High Achievement Certificate 5.18recognizes students who demonstrate listening, speaking, reading, and writing language 5.19skills at the American Council on the Teaching of Foreign Languages' Pre-Advanced level 5.20for K-12 learners on a valid and reliable assessment tool. For languages listed as Category 5.213 by the United States Foreign Service Institute or Category 4 by the United States 5.22Defense Language Institute, the standard is Pre-Advanced for listening and speaking and 5.23Intermediate-Mid for reading and writing. 5.24     new text begin Subd. 1b. new text end new text begin State bilingual and multilingual seals. new text end new text begin (a) Consistent with efforts to new text end 5.25 new text begin strive for the world's best workforce under sections 120B.11 and 124D.10, subdivision 8, new text end 5.26 new text begin paragraph (u), and close the academic achievement and opportunity gap under sections new text end 5.27 new text begin 124D.861 and 124D.862, voluntary state bilingual and multilingual seals are established new text end 5.28 new text begin to recognize high school graduates who demonstrate level 5 functional native proficiency new text end 5.29 new text begin in speaking and reading on the Foreign Services Institute language proficiency tests or on new text end 5.30 new text begin equivalent valid and reliable assessments in one or more languages in addition to English. new text end 5.31 new text begin American Sign Language is a language other than English for purposes of this subdivision new text end 5.32 new text begin and a world language for purposes of subdivision 1a. new text end 5.33 new text begin (b) In addition to paragraph (a), to be eligible to receive a seal: new text end 5.34 new text begin (1) students must satisfactorily complete all required English language arts credits; new text end 5.35 new text begin and new text end 6.1 new text begin (2) students whose primary language is other than English must demonstrate mastery new text end 6.2 new text begin of Minnesota's English language proficiency standards. new text end 6.3 new text begin (c) Consistent with this subdivision, a high school graduate who demonstrates new text end 6.4 new text begin functional native proficiency in one language in addition to English is eligible to receive new text end 6.5 new text begin the state bilingual seal. A high school graduate who demonstrates functional native new text end 6.6 new text begin proficiency in more than one language in addition to English is eligible to receive the new text end 6.7 new text begin state multilingual seal. new text end 6.8 new text begin (d) School districts and charter schools, in consultation with regional centers new text end 6.9 new text begin of excellence under section 120B.115, must give students periodic opportunities to new text end 6.10 new text begin demonstrate their level of proficiency in speaking and reading in a language in addition new text end 6.11 new text begin to English. Where valid and reliable assessments are unavailable, a school district or new text end 6.12 new text begin charter school may rely on a licensed foreign language immersion teacher or a nonlicensed new text end 6.13 new text begin community expert under section 122A.25 to assess a student's level of foreign, heritage, or new text end 6.14 new text begin indigenous language proficiency under this section. School districts and charter schools new text end 6.15 new text begin must maintain appropriate records to identify high school graduates eligible to receive the new text end 6.16 new text begin state bilingual or multilingual seal. The school district or charter school must affix the new text end 6.17 new text begin appropriate seal to the transcript of each high school graduate who meets the requirements new text end 6.18 new text begin of this subdivision and may affix the seal to the student's diploma. A school district or new text end 6.19 new text begin charter school must not charge the high school graduate a fee for this seal. new text end 6.20 new text begin (e) A school district or charter school may award elective course credits in world new text end 6.21 new text begin languages to a student who demonstrates the requisite proficiency in a language other new text end 6.22 new text begin than English under this section. new text end 6.23 new text begin (f) A school district or charter school may award community service credit to a new text end 6.24 new text begin student who demonstrates level 5 functional native proficiency in speaking and reading new text end 6.25 new text begin in a language other than English and who participates in community service activities new text end 6.26 new text begin that are integrated into the curriculum, involve the participation of teachers, and support new text end 6.27 new text begin biliteracy in the school or local community. new text end 6.28 new text begin (g) The commissioner must develop a Web page for the electronic delivery of these new text end 6.29 new text begin seals. The commissioner must list on the Web page those assessments that are equivalent new text end 6.30 new text begin to the Foreign Services Institute language proficiency tests. new text end 6.31 new text begin (h) The colleges and universities of the Minnesota State Colleges and Universities new text end 6.32 new text begin system must award foreign language credits to a student who receives a state bilingual seal new text end 6.33 new text begin or a state multilingual seal under this subdivision and may award foreign language credits to new text end 6.34 new text begin a student who receives a Minnesota World Language Proficiency Certificate or a Minnesota new text end 6.35 new text begin World Language Proficiency High Achievement Certificate under subdivision 1a. new text end 7.1    Subd. 2. Local assessments. A district must use a locally selected assessment to 7.2determine if a student has achieved an elective standard. 7.3 new text begin EFFECTIVE DATE. new text end new text begin This section is effective for the 2014-2015 school year and new text end 7.4 new text begin later, except subdivision 1b, paragraph (h) is effective for students enrolling in a MnSCU new text end 7.5 new text begin system college or university in the 2015-2016 school year or later. new text end 7.6    Sec. 4. Minnesota Statutes 2013 Supplement, section 120B.11, subdivision 3, is 7.7amended to read: 7.8    Subd. 3. District advisory committee. Each school board shall establish an 7.9advisory committee to ensure active community participation in all phases of planning and 7.10improving the instruction and curriculum affecting state and district academic standards, 7.11consistent with subdivision 2. A district advisory committee, to the extent possible, shall 7.12reflect the diversity of the district and its school sites, and shall include teachers, parents, 7.13support staff, students, and other community residents. The district may establish site 7.14teams as subcommittees of the district advisory committee under subdivision 4. The 7.15district advisory committee shall recommend to the school board rigorous academic 7.16standards, student achievement goals and measures consistent with subdivision 1a and 7.17sections 120B.022, subdivision 1, paragraphs (b) and (c) new text begin subdivisions 1a and 1b new text end , and 7.18120B.35 , district assessments, and program evaluations. School sites may expand upon 7.19district evaluations of instruction, curriculum, assessments, or programs. Whenever 7.20possible, parents and other community residents shall comprise at least two-thirds of 7.21advisory committee members. 7.22 new text begin EFFECTIVE DATE. new text end new text begin This section is effective for the 2014-2015 school year and new text end 7.23 new text begin later. new text end 7.24    Sec. 5. Minnesota Statutes 2013 Supplement, section 120B.115, is amended to read: 7.25120B.115 REGIONAL CENTERS OF EXCELLENCE. 7.26(a) Regional centers of excellence are established to assist and support school 7.27boards, school districts, school sites, and charter schools in implementing research-based 7.28interventions and practices to increase the students' achievement within a region. 7.29The centers must develop partnerships with local and regional service cooperatives, 7.30postsecondary institutions, integrated school districts, the department, children's mental 7.31health providers, or other local or regional entities interested in providing a cohesive 7.32and consistent regional delivery system that serves all schools equitably. Centers must 7.33assist school districts, school sites, and charter schools in developing similar partnerships. 8.1Center support may include assisting school districts, school sites, and charter schools 8.2with common principles of effective practice, including: 8.3(1) defining measurable education goals under section new text begin sections new text end 120B.11, subdivision 8.42 new text begin , and 120B.022, subdivisions 1a and 1b new text end ; 8.5(2) implementing evidence-based practices; 8.6(3) engaging in data-driven decision-making; 8.7(4) providing multilayered levels of support; 8.8(5) supporting culturally responsive teaching and learning aligning state and local 8.9academic standards and career and college readiness benchmarks; and 8.10(6) engaging parents, families, youth, and local community members in programs 8.11and activities at the school district, school site, or charter school. 8.12Centers must work with school site leadership teams to build capacity to implement 8.13programs that close the achievement gap, increase students' progress and growth toward 8.14career and college readiness, and increase student graduation rates. 8.15(b) The department must assist the regional centers of excellence to meet staff, 8.16facilities, and technical needs, provide the centers with programmatic support, and work 8.17with the centers to establish a coherent statewide system of regional support, including 8.18consulting, training, and technical support, to help school boards, school districts, school 8.19sites, and charter schools effectively and efficiently implement the world's best workforce 8.20goals under section 120B.11 and other state and federal education initiatives. 8.21 new text begin EFFECTIVE DATE. new text end new text begin This section is effective for the 2014-2015 school year and new text end 8.22 new text begin later. new text end 8.23    Sec. 6. Minnesota Statutes 2012, section 120B.31, is amended by adding a subdivision 8.24to read: 8.25     new text begin Subd. 5. new text end new text begin Parent information. new text end new text begin To ensure the effective involvement of parents and to new text end 8.26 new text begin support a partnership between the school and parents, each district shall annually provide new text end 8.27 new text begin parents a timely written summary, in an electronic or other format, of their student's new text end 8.28 new text begin current and longitudinal performance and progress on the state's academic content new text end 8.29 new text begin standards as measured by state assessments. Providing parents with a summary prepared new text end 8.30 new text begin by the Department of Education fulfills the requirements of this subdivision. new text end 8.31    Sec. 7. Minnesota Statutes 2013 Supplement, section 122A.09, subdivision 4, is 8.32amended to read: 9.1    Subd. 4. License and rules. (a) The board must adopt rules to license public school 9.2teachers and interns subject to chapter 14. 9.3(b) The board must adopt rules requiring a person to pass a skills examination in 9.4reading, writing, and mathematics as a requirement for initial teacher licensure, except 9.5that the board may issue up to two additional temporary, one-year teaching licenses to an 9.6otherwise qualified candidate who has not yet passed the skills exam. new text begin The requirement to new text end 9.7 new text begin pass a reading, writing, and mathematics skills examination does not apply to nonnative new text end 9.8 new text begin English speakers, as verified by qualified Minnesota school district personnel or Minnesota new text end 9.9 new text begin higher education faculty, who, after meeting the content and pedagogy requirements new text end 9.10 new text begin under this subdivision, apply for a teaching license to provide direct instruction in their new text end 9.11 new text begin native language in a language immersion program. new text end Such rules must require college and 9.12universities offering a board-approved teacher preparation program to provide remedial 9.13assistance to persons who did not achieve a qualifying score on the skills examination, 9.14including those for whom English is a second language. 9.15(c) The board must adopt rules to approve teacher preparation programs. The board, 9.16upon the request of a postsecondary student preparing for teacher licensure or a licensed 9.17graduate of a teacher preparation program, shall assist in resolving a dispute between the 9.18person and a postsecondary institution providing a teacher preparation program when the 9.19dispute involves an institution's recommendation for licensure affecting the person or the 9.20person's credentials. At the board's discretion, assistance may include the application 9.21of chapter 14. 9.22(d) The board must provide the leadership and adopt rules for the redesign of teacher 9.23education programs to implement a research based, results-oriented curriculum that 9.24focuses on the skills teachers need in order to be effective. The board shall implement new 9.25systems of teacher preparation program evaluation to assure program effectiveness based 9.26on proficiency of graduates in demonstrating attainment of program outcomes. Teacher 9.27preparation programs including alternative teacher preparation programs under section 9.28122A.245 , among other programs, must include a content-specific, board-approved, 9.29performance-based assessment that measures teacher candidates in three areas: planning 9.30for instruction and assessment; engaging students and supporting learning; and assessing 9.31student learning. 9.32(e) The board must adopt rules requiring candidates for initial licenses to pass an 9.33examination of general pedagogical knowledge and examinations of licensure-specific 9.34teaching skills. The rules shall be effective by September 1, 2001. The rules under this 9.35paragraph also must require candidates for initial licenses to teach prekindergarten or 9.36elementary students to pass, as part of the examination of licensure-specific teaching 10.1skills, test items assessing the candidates' knowledge, skill, and ability in comprehensive, 10.2scientifically based reading instruction under section 122A.06, subdivision 4, and their 10.3knowledge and understanding of the foundations of reading development, the development 10.4of reading comprehension, and reading assessment and instruction, and their ability to 10.5integrate that knowledge and understanding. 10.6(f) The board must adopt rules requiring teacher educators to work directly with 10.7elementary or secondary school teachers in elementary or secondary schools to obtain 10.8periodic exposure to the elementary or secondary teaching environment. 10.9(g) The board must grant licenses to interns and to candidates for initial licenses 10.10based on appropriate professional competencies that are aligned with the board's licensing 10.11system and students' diverse learning needs. The board must include these licenses in a 10.12statewide differentiated licensing system that creates new leadership roles for successful 10.13experienced teachers premised on a collaborative professional culture dedicated to meeting 10.14students' diverse learning needs in the 21st century and formalizes mentoring and induction 10.15for newly licensed teachers that is provided through a teacher support framework. 10.16(h) The board must design and implement an assessment system which requires a 10.17candidate for an initial license and first continuing license to demonstrate the abilities 10.18necessary to perform selected, representative teaching tasks at appropriate levels. 10.19(i) The board must receive recommendations from local committees as established 10.20by the board for the renewal of teaching licenses. 10.21(j) The board must grant life licenses to those who qualify according to requirements 10.22established by the board, and suspend or revoke licenses pursuant to sections 122A.20 and 10.23214.10 . The board must not establish any expiration date for application for life licenses. 10.24(k) The board must adopt rules that require all licensed teachers who are renewing 10.25their continuing license to include in their renewal requirements further preparation in 10.26the areas of using positive behavior interventions and in accommodating, modifying, and 10.27adapting curricula, materials, and strategies to appropriately meet the needs of individual 10.28students and ensure adequate progress toward the state's graduation rule. 10.29(l) In adopting rules to license public school teachers who provide health-related 10.30services for disabled children, the board shall adopt rules consistent with license or 10.31registration requirements of the commissioner of health and the health-related boards who 10.32license personnel who perform similar services outside of the school. 10.33(m) The board must adopt rules that require all licensed teachers who are renewing 10.34their continuing license to include in their renewal requirements further reading 10.35preparation, consistent with section 122A.06, subdivision 4. The rules do not take effect 10.36until they are approved by law. Teachers who do not provide direct instruction including, at 11.1least, counselors, school psychologists, school nurses, school social workers, audiovisual 11.2directors and coordinators, and recreation personnel are exempt from this section. 11.3(n) The board must adopt rules that require all licensed teachers who are renewing 11.4their continuing license to include in their renewal requirements further preparation, 11.5first, in understanding the key warning signs of early-onset mental illness in children 11.6and adolescents and then, during subsequent licensure renewal periods, preparation may 11.7include providing a more in-depth understanding of students' mental illness trauma, 11.8accommodations for students' mental illness, parents' role in addressing students' mental 11.9illness, Fetal Alcohol Spectrum Disorders, autism, the requirements of section 125A.0942 11.10governing restrictive procedures, and de-escalation methods, among other similar topics. 11.11 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end 11.12    Sec. 8. Minnesota Statutes 2013 Supplement, section 122A.18, subdivision 2, is 11.13amended to read: 11.14    Subd. 2. Teacher and support personnel qualifications. (a) The Board of 11.15Teaching must issue licenses under its jurisdiction to persons the board finds to be 11.16qualified and competent for their respective positions. 11.17(b) The board must require a person to pass an examination of skills in reading, 11.18writing, and mathematics before being granted an initial teaching license to provide direct 11.19instruction to pupils in prekindergarten, elementary, secondary, or special education 11.20programs, except that the board may issue up to two additional temporary, one-year 11.21teaching licenses to an otherwise qualified candidate who has not yet passed the skills 11.22exam. new text begin The requirement to pass a reading, writing, and mathematics skills examination new text end 11.23 new text begin does not apply to nonnative English speakers, as verified by qualified Minnesota school new text end 11.24 new text begin district personnel or Minnesota higher education faculty, who, after meeting the content new text end 11.25 new text begin and pedagogy requirements under this subdivision, apply for a teaching license to provide new text end 11.26 new text begin direct instruction in their native language in a language immersion program. new text end The board 11.27must require colleges and universities offering a board approved teacher preparation 11.28program to make available upon request remedial assistance that includes a formal 11.29diagnostic component to persons enrolled in their institution who did not achieve a 11.30qualifying score on the skills examination, including those for whom English is a second 11.31language. The colleges and universities must make available assistance in the specific 11.32academic areas of deficiency in which the person did not achieve a qualifying score. 11.33School districts may make available upon request similar, appropriate, and timely remedial 11.34assistance that includes a formal diagnostic component to those persons employed by the 11.35district who completed their teacher education program, who did not achieve a qualifying 12.1score on the skills examination, including those persons for whom English is a second 12.2language and persons under section 122A.23, subdivision 2, paragraph (h), who completed 12.3their teacher's education program outside the state of Minnesota, and who received a 12.4temporary license to teach in Minnesota. The Board of Teaching shall report annually 12.5to the education committees of the legislature on the total number of teacher candidates 12.6during the most recent school year taking the skills examination, the number who achieve 12.7a qualifying score on the examination, the number who do not achieve a qualifying score 12.8on the examination, the distribution of all candidates' scores, the number of candidates 12.9who have taken the examination at least once before, and the number of candidates who 12.10have taken the examination at least once before and achieve a qualifying score. 12.11(c) The Board of Teaching must grant continuing licenses only to those persons who 12.12have met board criteria for granting a continuing license, which includes passing the 12.13skills examination in reading, writing, and mathematics consistent with paragraph (b) and 12.14section 122A.09, subdivision 4, paragraph (b). 12.15(d) All colleges and universities approved by the board of teaching to prepare 12.16persons for teacher licensure must include in their teacher preparation programs a common 12.17core of teaching knowledge and skills to be acquired by all persons recommended 12.18for teacher licensure. This common core shall meet the standards developed by the 12.19interstate new teacher assessment and support consortium in its 1992 "model standards for 12.20beginning teacher licensing and development." Amendments to standards adopted under 12.21this paragraph are covered by chapter 14. The board of teaching shall report annually to 12.22the education committees of the legislature on the performance of teacher candidates 12.23on common core assessments of knowledge and skills under this paragraph during the 12.24most recent school year. 12.25 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end 12.26    Sec. 9. Minnesota Statutes 2013 Supplement, section 122A.23, subdivision 2, is 12.27amended to read: 12.28    Subd. 2. Applicants licensed in other states. (a) Subject to the requirements of 12.29sections 122A.18, subdivision 8, and 123B.03, the Board of Teaching must issue a teaching 12.30license or a temporary teaching license under paragraphs (b) to (e) to an applicant who holds 12.31at least a baccalaureate degree from a regionally accredited college or university and holds 12.32or held a similar out-of-state teaching license that requires the applicant to successfully 12.33complete a teacher preparation program approved by the issuing state, which includes 12.34field-specific teaching methods and student teaching or essentially equivalent experience. 12.35(b) The Board of Teaching must issue a teaching license to an applicant who: 13.1(1) successfully completed all exams and human relations preparation components 13.2required by the Board of Teaching; and 13.3(2) holds or held an out-of-state teaching license to teach the same content field and 13.4grade levels if the scope of the out-of-state license is no more than one new text begin two new text end grade level 13.5 new text begin levels new text end less than a similar Minnesota license. 13.6(c) The Board of Teaching, consistent with board rules and paragraph (h), must 13.7issue up to three one-year temporary teaching licenses to an applicant who holds or held 13.8an out-of-state teaching license to teach the same content field and grade levels, where 13.9the scope of the out-of-state license is no more than one new text begin two new text end grade level new text begin levels new text end less than 13.10a similar Minnesota license, but has not successfully completed all exams and human 13.11relations preparation components required by the Board of Teaching. 13.12(d) The Board of Teaching, consistent with board rules, must issue up to three 13.13one-year temporary teaching licenses to an applicant who: 13.14(1) successfully completed all exams and human relations preparation components 13.15required by the Board of Teaching; and 13.16(2) holds or held an out-of-state teaching license to teach the same content field and 13.17grade levels, where the scope of the out-of-state license is no more than one new text begin two new text end grade 13.18level new text begin levels new text end less than a similar Minnesota license, but has not completed field-specific 13.19teaching methods or student teaching or equivalent experience. 13.20The applicant may complete field-specific teaching methods and student teaching 13.21or equivalent experience by successfully participating in a one-year school district 13.22mentorship program consistent with board-adopted standards of effective practice and 13.23Minnesota graduation requirements. 13.24(e) The Board of Teaching must issue a temporary teaching license for a term of 13.25up to three years only in the content field or grade levels specified in the out-of-state 13.26license to an applicant who: 13.27(1) successfully completed all exams and human relations preparation components 13.28required by the Board of Teaching; and 13.29(2) holds or held an out-of-state teaching license where the out-of-state license is 13.30more limited in the content field or grade levels than a similar Minnesota license. 13.31(f) The Board of Teaching must not issue to an applicant more than three one-year 13.32temporary teaching licenses under this subdivision. 13.33(g) The Board of Teaching must not issue a license under this subdivision if the 13.34applicant has not attained the additional degrees, credentials, or licenses required in a 13.35particular licensure field. 14.1(h) The Board of Teaching must require an applicant for a teaching license or 14.2a temporary teaching license under this subdivision to pass a skills examination in 14.3reading, writing, and mathematics before the board issues the license. Consistent with 14.4section 122A.18, subdivision 2, paragraph (b), and notwithstanding other provisions of 14.5this subdivision, the board may issue up to two additional temporary, one-year teaching 14.6licenses to an otherwise qualified applicant who has not yet passed the skills exam. 14.7    Sec. 10. Minnesota Statutes 2012, section 122A.40, subdivision 5, is amended to read: 14.8    Subd. 5. Probationary period. (a) The first three consecutive years of a teacher's 14.9first teaching experience in Minnesota in a single district is deemed to be a probationary 14.10period of employment, and, the probationary period in each district in which the teacher is 14.11thereafter employed shall be one year. The school board must adopt a plan for written 14.12evaluation of teachers during the probationary period that is consistent with subdivision 8. 14.13Evaluation must occur at least three times periodically throughout each school year for a 14.14teacher performing services during that school year; the first evaluation must occur within 14.15the first 90 days of teaching service. Days devoted to parent-teacher conferences, teachers' 14.16workshops, and other staff development opportunities and days on which a teacher is absent 14.17from school must not be included in determining the number of school days on which a 14.18teacher performs services. Except as otherwise provided in paragraph (b), during the 14.19probationary period any annual contract with any teacher may or may not be renewed as the 14.20school board shall see fit. However, the board must give any such teacher whose contract 14.21it declines to renew for the following school year written notice to that effect before July 1. 14.22If the teacher requests reasons for any nonrenewal of a teaching contract, the board must 14.23give the teacher its reason in writing, including a statement that appropriate supervision 14.24was furnished describing the nature and the extent of such supervision furnished the 14.25teacher during the employment by the board, within ten days after receiving such request. 14.26The school board may, after a hearing held upon due notice, discharge a teacher during the 14.27probationary period for cause, effective immediately, under section 122A.44. 14.28(b) A board must discharge a probationary teacher, effective immediately, upon 14.29receipt of notice under section 122A.20, subdivision 1, paragraph (b), that the teacher's 14.30license has been revoked due to a conviction for child abuse or sexual abuse. 14.31(c) A probationary teacher whose first three years of consecutive employment are 14.32interrupted for active military service and who promptly resumes teaching consistent with 14.33federal reemployment timelines for uniformed service personnel under United States 14.34Code, title 38, section 4312(e), is considered to have a consecutive teaching experience 14.35for purposes of paragraph (a). 15.1(d) new text begin A probationary teacher whose first three years of consecutive employment are new text end 15.2 new text begin interrupted for maternity, paternity, or medical leave and who resumes teaching within 12 new text end 15.3 new text begin months of when the leave began is considered to have a consecutive teaching experience new text end 15.4 new text begin for purposes of paragraph (a) if the probationary teacher completes a combined total of new text end 15.5 new text begin three years of teaching service immediately before and after the leave. new text end 15.6 new text begin (e) new text end A probationary teacher must complete at least 120 days of teaching service each 15.7year during the probationary period. Days devoted to parent-teacher conferences, teachers' 15.8workshops, and other staff development opportunities and days on which a teacher is 15.9absent from school do not count as days of teaching service under this paragraph. 15.10 new text begin EFFECTIVE DATE. new text end new text begin This section is effective retroactively from July 1, 2013. new text end 15.11    Sec. 11. Minnesota Statutes 2012, section 122A.40, subdivision 13, is amended to read: 15.12    Subd. 13. Immediate discharge. (a) Except as otherwise provided in paragraph 15.13(b), a board may discharge a continuing-contract teacher, effective immediately, upon any 15.14of the following grounds: 15.15(1) immoral conduct, insubordination, or conviction of a felony; 15.16(2) conduct unbecoming a teacher which requires the immediate removal of the 15.17teacher from classroom or other duties; 15.18(3) failure without justifiable cause to teach without first securing the written release 15.19of the school board; 15.20(4) gross inefficiency which the teacher has failed to correct after reasonable written 15.21notice; 15.22(5) willful neglect of duty; or 15.23(6) continuing physical or mental disability subsequent to a 12 months leave of 15.24absence and inability to qualify for reinstatement in accordance with subdivision 12. 15.25For purposes of this paragraph, conduct unbecoming a teacher includes an unfair 15.26discriminatory practice described in section 363A.13. 15.27Prior to discharging a teacher under this paragraph, the board must notify the teacher 15.28in writing and state its ground for the proposed discharge in reasonable detail. Within 15.29ten days after receipt of this notification the teacher may make a written request for a 15.30hearing before the board and it shall be granted before final action is taken. The board 15.31may suspend a teacher with pay pending the conclusion of the hearing and determination 15.32of the issues raised in the hearing after charges have been filed which constitute ground for 15.33discharge. If a teacher has been charged with a felony and the underlying conduct that 15.34is the subject of the felony charge is a ground for a proposed immediate discharge, the 15.35suspension pending the conclusion of the hearing and determination of the issues may be 16.1without pay. If a hearing under this paragraph is held, the board must reimburse the teacher 16.2for any salary or compensation withheld if the final decision of the board or the arbitrator 16.3does not result in a penalty to or suspension, termination, or discharge of the teacher. 16.4(b) A board must discharge a continuing-contract teacher, effective immediately, 16.5upon receipt of notice under section 122A.20, subdivision 1, paragraph (b), that the 16.6teacher's license has been revoked due to a conviction for child abuse or sexual abuse. 16.7 new text begin (c) When a teacher is discharged under paragraph (b) or when the commissioner new text end 16.8 new text begin makes a final determination of child maltreatment involving a teacher under section new text end 16.9 new text begin 626.556, subdivision 11, the school principal or other person having administrative new text end 16.10 new text begin control of the school must include in the teacher's employment record the information new text end 16.11 new text begin contained in the record of the disciplinary action or the final maltreatment determination, new text end 16.12 new text begin consistent with the definition of public data under section 13.41, subdivision 5, and must new text end 16.13 new text begin provide the Board of Teaching and the licensing division at the department with the new text end 16.14 new text begin necessary and relevant information to enable the Board of Teaching and the department's new text end 16.15 new text begin licensing division to fulfill their statutory and administrative duties related to issuing, new text end 16.16 new text begin renewing, suspending, or revoking a teacher's license. Information received by the Board new text end 16.17 new text begin of Teaching or the licensing division at the department under this paragraph is governed new text end 16.18 new text begin by section 13.41 or other applicable law governing data of the receiving entity. In addition new text end 16.19 new text begin to the background check required under section 123B.03, a school board or other school new text end 16.20 new text begin hiring authority must contact the Board of Teaching and the department to determine new text end 16.21 new text begin whether the teacher's license has been suspended or revoked, consistent with the discharge new text end 16.22 new text begin and final maltreatment determinations identified in this paragraph. new text end 16.23 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end 16.24    Sec. 12. Minnesota Statutes 2012, section 122A.41, subdivision 2, is amended to read: 16.25    Subd. 2. Probationary period; discharge or demotion. (a) All teachers in 16.26the public schools in cities of the first class during the first three years of consecutive 16.27employment shall be deemed to be in a probationary period of employment during which 16.28period any annual contract with any teacher may, or may not, be renewed as the school 16.29board, after consulting with the peer review committee charged with evaluating the 16.30probationary teachers under subdivision 3, shall see fit. The school site management team 16.31or the school board if there is no school site management team, shall adopt a plan for a 16.32written evaluation of teachers during the probationary period according to subdivisions 3 16.33and 5. Evaluation by the peer review committee charged with evaluating probationary 16.34teachers under subdivision 3 shall occur at least three times periodically throughout each 16.35school year for a teacher performing services during that school year; the first evaluation 17.1must occur within the first 90 days of teaching service. Days devoted to parent-teacher 17.2conferences, teachers' workshops, and other staff development opportunities and days on 17.3which a teacher is absent from school shall not be included in determining the number of 17.4school days on which a teacher performs services. The school board may, during such 17.5probationary period, discharge or demote a teacher for any of the causes as specified in 17.6this code. A written statement of the cause of such discharge or demotion shall be given to 17.7the teacher by the school board at least 30 days before such removal or demotion shall 17.8become effective, and the teacher so notified shall have no right of appeal therefrom. 17.9(b) A probationary teacher whose first three years of consecutive employment are 17.10interrupted for active military service and who promptly resumes teaching consistent with 17.11federal reemployment timelines for uniformed service personnel under United States 17.12Code, title 38, section 4312(e), is considered to have a consecutive teaching experience 17.13for purposes of paragraph (a). 17.14(c) new text begin A probationary teacher whose first three years of consecutive employment are new text end 17.15 new text begin interrupted for maternity, paternity, or medical leave and who resumes teaching within 12 new text end 17.16 new text begin months of when the leave began is considered to have a consecutive teaching experience new text end 17.17 new text begin for purposes of paragraph (a) if the probationary teacher completes a combined total of new text end 17.18 new text begin three years of teaching service immediately before and after the leave. new text end 17.19 new text begin (d) new text end A probationary teacher must complete at least 120 days of teaching service each 17.20year during the probationary period. Days devoted to parent-teacher conferences, teachers' 17.21workshops, and other staff development opportunities and days on which a teacher is 17.22absent from school do not count as days of teaching service under this paragraph. 17.23 new text begin EFFECTIVE DATE. new text end new text begin This section is effective retroactively from July 1, 2013. new text end 17.24    Sec. 13. Minnesota Statutes 2012, section 122A.41, subdivision 6, is amended to read: 17.25    Subd. 6. Grounds for discharge or demotion. (a) Except as otherwise provided 17.26in paragraph (b), causes for the discharge or demotion of a teacher either during or after 17.27the probationary period must be: 17.28(1) immoral character, conduct unbecoming a teacher, or insubordination; 17.29(2) failure without justifiable cause to teach without first securing the written release 17.30of the school board having the care, management, or control of the school in which the 17.31teacher is employed; 17.32(3) inefficiency in teaching or in the management of a school, consistent with 17.33subdivision 5, paragraph (b); 18.1(4) affliction with active tuberculosis or other communicable disease must be 18.2considered as cause for removal or suspension while the teacher is suffering from such 18.3disability; or 18.4(5) discontinuance of position or lack of pupils. 18.5For purposes of this paragraph, conduct unbecoming a teacher includes an unfair 18.6discriminatory practice described in section 363A.13. 18.7(b) A probationary or continuing-contract teacher must be discharged immediately 18.8upon receipt of notice under section 122A.20, subdivision 1, paragraph (b), that the 18.9teacher's license has been revoked due to a conviction for child abuse or sexual abuse. 18.10 new text begin (c) When a teacher is discharged under paragraph (b) or when the commissioner new text end 18.11 new text begin makes a final determination of child maltreatment involving a teacher under section new text end 18.12 new text begin 626.556, subdivision 11, the school principal or other person having administrative new text end 18.13 new text begin control of the school must include in the teacher's employment record the information new text end 18.14 new text begin contained in the record of the disciplinary action or the final maltreatment determination, new text end 18.15 new text begin consistent with the definition of public data under section 13.41, subdivision 5, and must new text end 18.16 new text begin provide the Board of Teaching and the licensing division at the department with the new text end 18.17 new text begin necessary and relevant information to enable the Board of Teaching and the department's new text end 18.18 new text begin licensing division to fulfill their statutory and administrative duties related to issuing, new text end 18.19 new text begin renewing, suspending, or revoking a teacher's license. Information received by the Board new text end 18.20 new text begin of Teaching or the licensing division at the department under this paragraph is governed new text end 18.21 new text begin by section 13.41 or other applicable law governing data of the receiving entity. In addition new text end 18.22 new text begin to the background check required under section 123B.03, a school board or other school new text end 18.23 new text begin hiring authority must contact the Board of Teaching and the department to determine new text end 18.24 new text begin whether the teacher's license has been suspended or revoked, consistent with the discharge new text end 18.25 new text begin and final maltreatment determinations identified in this paragraph. new text end 18.26 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end 18.27    Sec. 14. Minnesota Statutes 2012, section 123A.06, subdivision 4, is amended to read: 18.28    Subd. 4. Granting a diploma. Upon successful completion of the area learning 18.29center program, a pupil is entitled to receive a high school diploma. The pupil may elect 18.30to receive a diploma from either the district of residence or the district in which the 18.31area learning center is located new text begin or the intermediate district or educational cooperative new text end 18.32 new text begin responsible for the area learning center program new text end . 18.33    Sec. 15. Minnesota Statutes 2012, section 124D.03, subdivision 3, is amended to read: 19.1    Subd. 3. Pupil application procedures. In order that a pupil may attend a school or 19.2program in a nonresident district, the pupil's parent or guardian must submit an application 19.3to the nonresident district. Before submitting an application, the pupil and the pupil's 19.4parent or guardian must explore with a school guidance counselor, or other appropriate 19.5staff member employed by the district the pupil is currently attending, the pupil's academic 19.6or other reason for applying to enroll in a nonresident district. The pupil's application must 19.7identify the new text begin a new text end reason for enrolling in the nonresident district. The parent or guardian of a 19.8pupil must submit an new text begin a signed new text end application by January 15 for initial enrollment beginning 19.9the following school year. The application must be on a form provided by the Department 19.10of Education. A particular school or program may be requested by the parent. Once 19.11enrolled in a nonresident district, the pupil may remain enrolled and is not required to 19.12submit annual or periodic applications. new text begin If the student moves to a new resident district, new text end 19.13 new text begin the student retains the seat in the nonresident district, but must submit a new enrollment new text end 19.14 new text begin options form to update the student's information. new text end To return to the resident district or to 19.15transfer to a different nonresident district, the parent or guardian of the pupil must provide 19.16notice to the resident district or apply to a different nonresident district by January 15 for 19.17enrollment beginning the following school year. 19.18    Sec. 16. Minnesota Statutes 2012, section 124D.03, subdivision 4, is amended to read: 19.19    Subd. 4. Desegregation new text begin Achievement and integration new text end district transfers. (a) 19.20This subdivision applies to a transfer into or out of a district that has a desegregation new text begin an new text end 19.21 new text begin achievement and integration new text end plan approved by the commissioner of education. 19.22(b) An application to transfer may be submitted at any time for enrollment beginning 19.23at any time. 19.24(c) A pupil enrolled in a nonresident district under a desegregation new text begin an achievement new text end 19.25 new text begin and integration new text end plan approved by the commissioner of education is not required to make 19.26annual or periodic application for enrollment but may remain enrolled in the same district. 19.27A pupil may transfer to the resident district at any time. 19.28(d) Subdivision 2 applies to a transfer into or out of a district with a desegregation new text begin an new text end 19.29 new text begin achievement and integration new text end plan. 19.30    Sec. 17. Minnesota Statutes 2012, section 124D.03, subdivision 5, is amended to read: 19.31    Subd. 5. Nonresident district procedures. A district shall notify the parent or 19.32guardian in writing by February 15 new text begin or within 90 days for applications submitted after new text end 19.33 new text begin January 15 in the case of achievement and integration district transfers new text end whether the 19.34application has been accepted or rejected. If an application is rejected, the district must 20.1state in the notification the reason for rejection. The parent or guardian must notify the 20.2nonresident district by March 1 new text begin or within 45 days new text end whether the pupil intends to enroll in the 20.3nonresident district. Notice of intent to enroll in the nonresident district obligates the pupil 20.4to attend the nonresident district during the following school year, unless the boards of 20.5the resident and the nonresident districts agree in writing to allow the pupil to transfer 20.6back to the resident district, or new text begin . If new text end the pupil's parents or guardians change residence to 20.7another district new text begin , the student does not lose the seat in the nonresident district but the parent new text end 20.8 new text begin or guardian must complete an updated enrollment options form new text end . If a parent or guardian 20.9does not notify the nonresident district new text begin by the January 15 deadline, if it applies new text end , the pupil 20.10may not enroll in that nonresident district during the following school year, unless the 20.11boards of the resident and nonresident district agree otherwise. The nonresident district 20.12must notify the resident district by March 15 new text begin or 30 days later new text end of the pupil's intent to enroll 20.13in the nonresident district. The same procedures apply to a pupil who applies to transfer 20.14from one participating nonresident district to another participating nonresident district. 20.15    Sec. 18. Minnesota Statutes 2012, section 124D.03, is amended by adding a 20.16subdivision to read: 20.17     new text begin Subd. 5a. new text end new text begin Lotteries. new text end new text begin If a school district has more applications than available seats at new text end 20.18 new text begin a specific grade level, it must hold an impartial lottery following the January 15 deadline new text end 20.19 new text begin to determine which students will receive seats. Siblings of currently enrolled students and new text end 20.20 new text begin applications related to an approved integration and achievement plan must receive priority new text end 20.21 new text begin in the lottery. The process for the school district lottery must be established in school new text end 20.22 new text begin district policy, approved by the school board, and be posted on the school district's Web site. new text end 20.23    Sec. 19. Minnesota Statutes 2012, section 124D.03, subdivision 6, is amended to read: 20.24    Subd. 6. Basis for decisions. The board must adopt, by resolution, specific 20.25standards for acceptance and rejection of applications. Standards may include the capacity 20.26of a program, new text begin excluding special education services; new text end class, new text begin ; new text end or school building. The 20.27school board may not reject applications for enrollment in a particular grade level if the 20.28nonresident enrollment at that grade level does not exceed the limit set by the board under 20.29subdivision 2. Standards may not include previous academic achievement, athletic or 20.30other extracurricular ability, disabling conditions, proficiency in the English language, 20.31previous disciplinary proceedings, or the student's district of residence new text begin , except where the new text end 20.32 new text begin district of residence is directly included in an enrollment options strategy included in an new text end 20.33 new text begin approved achievement and integration program new text end . 21.1    Sec. 20. Minnesota Statutes 2012, section 124D.09, subdivision 6, is amended to read: 21.2    Subd. 6. Counseling. To the extent possible, The school or school district must 21.3provide counseling services to pupils and their parents or guardian before the pupils enroll 21.4in courses under this section to ensure that the pupils and their parents or guardian are 21.5fully aware of the risks and possible consequences of enrolling in postsecondary courses. 21.6The school or school district must provide information on the program including who may 21.7enroll, what institutions and courses are eligible for participation, the decision-making 21.8process for granting academic credits, financial arrangements for tuition, books and 21.9materials, eligibility criteria for transportation aid, available support services, the need 21.10to arrange an appropriate schedule, consequences of failing or not completing a course 21.11in which the pupil enrolls, the effect of enrolling in this program on the pupil's ability to 21.12complete the required high school graduation requirements, and the academic and social 21.13responsibilities that must be assumed by the pupils and their parents or guardian. The 21.14person providing counseling shall encourage pupils and their parents or guardian to also 21.15use available counseling services at the postsecondary institutions before the quarter or 21.16semester of enrollment to ensure that anticipated plans are appropriate. 21.17Prior to enrolling in a course, the pupil and the pupil's parents or guardian must sign 21.18a form that must be provided by the school or school district and may be obtained from a 21.19postsecondary institution stating that they have received the information specified in this 21.20subdivision and that they understand the responsibilities that must be assumed in enrolling 21.21in this program. The department must, upon request, provide technical assistance to a 21.22school or school district in developing appropriate forms and counseling guidelines. 21.23    Sec. 21. Minnesota Statutes 2012, section 124D.09, subdivision 7, is amended to read: 21.24    Subd. 7. Dissemination of information; notification of intent to enroll. By March 21.251 of each year, a district must provide general new text begin up-to-date new text end information new text begin on the district's Web new text end 21.26 new text begin site new text end about the program new text begin , including information about enrollment requirements and the new text end 21.27 new text begin ability to earn postsecondary credit new text end to all pupils in grades 8, 9, 10, and 11. To assist the 21.28district in planning, a pupil shall inform the district by May 30 of each year of the pupil's 21.29intent to enroll in postsecondary courses during the following school year. A pupil is 21.30bound by notifying or not notifying the district by May 30. 21.31    Sec. 22. Minnesota Statutes 2013 Supplement, section 124D.10, subdivision 3, is 21.32amended to read: 21.33    Subd. 3. Authorizer. (a) For purposes of this section, the terms defined in this 21.34subdivision have the meanings given them. 22.1    "Application" to receive approval as an authorizer means the proposal an eligible 22.2authorizer submits to the commissioner under paragraph (c) before that authorizer is able 22.3to submit any affidavit to charter to a school. 22.4    "Application" under subdivision 4 means the charter school business plan a 22.5school developer submits to an authorizer for approval to establish a charter school that 22.6documents the school developer's mission statement, school purposes, program design, 22.7financial plan, governance and management structure, and background and experience, 22.8plus any other information the authorizer requests. The application also shall include a 22.9"statement of assurances" of legal compliance prescribed by the commissioner. 22.10    "Affidavit" means a written statement the authorizer submits to the commissioner 22.11for approval to establish a charter school under subdivision 4 attesting to its review and 22.12approval process before chartering a school. 22.13    (b) The following organizations may authorize one or more charter schools: 22.14    (1) a school board, intermediate school district school board, or education district 22.15organized under sections 123A.15 to 123A.19; 22.16    (2) a charitable organization under section 501(c)(3) of the Internal Revenue Code 22.17of 1986, excluding a nonpublic sectarian or religious institution; any person other than a 22.18natural person that directly or indirectly, through one or more intermediaries, controls, 22.19is controlled by, or is under common control with the nonpublic sectarian or religious 22.20institution; and any other charitable organization under this clause that in the federal IRS 22.21Form 1023, Part IV, describes activities indicating a religious purpose, that: 22.22    (i) is a member of the Minnesota Council of Nonprofits or the Minnesota Council on 22.23Foundations; 22.24    (ii) is registered with the attorney general's office; and 22.25    (iii) is incorporated in the state of Minnesota and has been operating continuously 22.26for at least five years but does not operate a charter school; 22.27    (3) a Minnesota private college, notwithstanding clause (2), that grants two- or 22.28four-year degrees and is registered with the Minnesota Office of Higher Education under 22.29chapter 136A; community college, state university, or technical college governed by the 22.30Board of Trustees of the Minnesota State Colleges and Universities; or the University 22.31of Minnesota; 22.32    (4) a nonprofit corporation subject to chapter 317A, described in section 317A.905, 22.33and exempt from federal income tax under section 501(c)(6) of the Internal Revenue Code 22.34of 1986, may authorize one or more charter schools if the charter school has operated 22.35for at least three years under a different authorizer and if the nonprofit corporation has 22.36existed for at least 25 years; or 23.1    (5) single-purpose authorizers that are new text begin formed as new text end charitable, nonsectarian 23.2organizations formed under section 501(c)(3) of the Internal Revenue Code of 1986 and 23.3incorporated in the state of Minnesota under chapter 317A as a corporation with no 23.4members whose new text begin or under section 322B.975 as a nonprofit limited liability company for new text end 23.5 new text begin the new text end sole purpose is to charter new text begin of chartering new text end schools. Eligible organizations interested 23.6in being approved as an authorizer under this paragraph must submit a proposal to the 23.7commissioner that includes the provisions of paragraph (c) and a five-year financial plan. 23.8Such authorizers shall consider and approve charter school applications using the criteria 23.9provided in subdivision 4 and shall not limit the applications it solicits, considers, or 23.10approves to any single curriculum, learning program, or method. 23.11    (c) An eligible authorizer under this subdivision must apply to the commissioner for 23.12approval as an authorizer before submitting any affidavit to the commissioner to charter 23.13a school. The application for approval as a charter school authorizer must demonstrate 23.14the applicant's ability to implement the procedures and satisfy the criteria for chartering a 23.15school under this section. The commissioner must approve or disapprove an application 23.16within 45 business days of the application deadline. If the commissioner disapproves 23.17the application, the commissioner must notify the applicant of the specific deficiencies 23.18in writing and the applicant then has 20 business days to address the deficiencies to the 23.19commissioner's satisfaction. After the 20 business days expire, the commissioner has 15 23.20business days to make a final decision to approve or disapprove the application. Failing to 23.21address the deficiencies to the commissioner's satisfaction makes an applicant ineligible to 23.22be an authorizer. The commissioner, in establishing criteria for approval, must consider 23.23the applicant's: 23.24    (1) capacity and infrastructure; 23.25    (2) application criteria and process; 23.26    (3) contracting process; 23.27    (4) ongoing oversight and evaluation processes; and 23.28    (5) renewal criteria and processes. 23.29    (d) An applicant must include in its application to the commissioner to be an 23.30approved authorizer at least the following: 23.31    (1) how chartering schools is a way for the organization to carry out its mission; 23.32    (2) a description of the capacity of the organization to serve as an authorizer, 23.33including the personnel who will perform the authorizing duties, their qualifications, the 23.34amount of time they will be assigned to this responsibility, and the financial resources 23.35allocated by the organization to this responsibility; 24.1    (3) a description of the application and review process the authorizer will use to 24.2make decisions regarding the granting of charters; 24.3    (4) a description of the type of contract it will arrange with the schools it charters 24.4that meets the provisions of subdivision 6; 24.5    (5) the process to be used for providing ongoing oversight of the school consistent 24.6with the contract expectations specified in clause (4) that assures that the schools chartered 24.7are complying with both the provisions of applicable law and rules, and with the contract; 24.8    (6) a description of the criteria and process the authorizer will use to grant expanded 24.9applications under subdivision 4, paragraph (j); 24.10    (7) the process for making decisions regarding the renewal or termination of 24.11the school's charter based on evidence that demonstrates the academic, organizational, 24.12and financial competency of the school, including its success in increasing student 24.13achievement and meeting the goals of the charter school agreement; and 24.14    (8) an assurance specifying that the organization is committed to serving as an 24.15authorizer for the full five-year term. 24.16    (e) A disapproved applicant under this section may resubmit an application during a 24.17future application period. 24.18    (f) If the governing board of an approved authorizer votes to withdraw as an 24.19approved authorizer for a reason unrelated to any cause under subdivision 23, the 24.20authorizer must notify all its chartered schools and the commissioner in writing by July 24.2115 of its intent to withdraw as an authorizer on June 30 in the next calendar year. The 24.22commissioner may approve the transfer of a charter school to a new authorizer under this 24.23paragraph after the new authorizer submits an affidavit to the commissioner. 24.24    (g) The authorizer must participate in department-approved training. 24.25    (h) The commissioner shall review an authorizer's performance every five years in 24.26a manner and form determined by the commissioner and may review an authorizer's 24.27performance more frequently at the commissioner's own initiative or at the request of a 24.28charter school operator, charter school board member, or other interested party. The 24.29commissioner, after completing the review, shall transmit a report with findings to the 24.30authorizer. If, consistent with this section, the commissioner finds that an authorizer has 24.31not fulfilled the requirements of this section, the commissioner may subject the authorizer 24.32to corrective action, which may include terminating the contract with the charter school 24.33board of directors of a school it chartered. The commissioner must notify the authorizer 24.34in writing of any findings that may subject the authorizer to corrective action and 24.35the authorizer then has 15 business days to request an informal hearing before the 24.36commissioner takes corrective action. If the commissioner terminates a contract between 25.1an authorizer and a charter school under this paragraph, the commissioner may assist the 25.2charter school in acquiring a new authorizer. 25.3    (i) The commissioner may at any time take corrective action against an authorizer, 25.4including terminating an authorizer's ability to charter a school for: 25.5    (1) failing to demonstrate the criteria under paragraph (c) under which the 25.6commissioner approved the authorizer; 25.7    (2) violating a term of the chartering contract between the authorizer and the charter 25.8school board of directors; 25.9    (3) unsatisfactory performance as an approved authorizer; or 25.10    (4) any good cause shown that provides the commissioner a legally sufficient reason 25.11to take corrective action against an authorizer. 25.12 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end 25.13    Sec. 23. Minnesota Statutes 2013 Supplement, section 124D.4531, subdivision 1, 25.14is amended to read: 25.15    Subdivision 1. Career and technical revenue. (a) A district with a career and 25.16technical program approved under this section for the fiscal year in which the levy is 25.17certified is eligible for career and technical revenue equal to 35 percent of approved 25.18expenditures in the fiscal year in which the levy is certified for the following: 25.19(1) salaries paid to essential, licensed personnel providing direct instructional 25.20services to students in that fiscal year, including extended contracts, for services rendered 25.21in the district's approved career and technical education programs, excluding salaries 25.22reimbursed by another school district under clause (2); 25.23(2) amounts paid to another Minnesota school district for salaries of essential, 25.24licensed personnel providing direct instructional services to students in that fiscal year for 25.25services rendered in the district's approved career and technical education programs; 25.26(3) contracted services provided by a public or private agency other than a Minnesota 25.27school district or cooperative center under subdivision 7 new text begin chapter 123A or 136D new text end ; 25.28(4) necessary travel between instructional sites by licensed career and technical 25.29education personnel; 25.30(5) necessary travel by licensed career and technical education personnel for 25.31vocational student organization activities held within the state for instructional purposes; 25.32(6) curriculum development activities that are part of a five-year plan for 25.33improvement based on program assessment; 25.34(7) necessary travel by licensed career and technical education personnel for 25.35noncollegiate credit-bearing professional development; and 26.1(8) specialized vocational instructional supplies. 26.2(b) Up to ten percent of a district's career and technical revenue may be spent on 26.3equipment purchases. Districts using the career and technical revenue for equipment 26.4purchases must report to the department on the improved learning opportunities for 26.5students that result from the investment in equipment. 26.6(c) new text begin (b) new text end The district must recognize the full amount of this levy as revenue for the 26.7fiscal year in which it is certified. 26.8(d) new text begin (c) new text end The amount of the revenue calculated under this subdivision may not exceed 26.9$17,850,000 for taxes payable in 2012, $15,520,000 for taxes payable in 2013, and 26.10$20,657,000 for taxes payable in 2014. 26.11(e) new text begin (d) new text end If the estimated revenue exceeds the amount in paragraph (d) new text begin (c) new text end , the 26.12commissioner must reduce the percentage in paragraph (a) until the estimated revenue no 26.13longer exceeds the limit in paragraph (d) new text begin (c) new text end . 26.14    Sec. 24. Minnesota Statutes 2013 Supplement, section 124D.4531, subdivision 3, 26.15is amended to read: 26.16    Subd. 3. Revenue guarantee. Notwithstanding subdivision 1, paragraph (a), the 26.17career and technical education revenue for a district is not less than the lesser of: 26.18(1) the district's career and technical education revenue for the previous fiscal year; or 26.19(2) 100 percent of the approved expenditures for career and technical programs 26.20included in subdivision 1, paragraph (b) new text begin (a) new text end , for the fiscal year in which the levy is certified. 26.21    Sec. 25. Minnesota Statutes 2013 Supplement, section 124D.4531, subdivision 3a, 26.22is amended to read: 26.23    Subd. 3a. Revenue adjustments. Notwithstanding subdivisions 1, 1a, and 3, for 26.24taxes payable in 2012 to 2014 only, the department must calculate the career and technical 26.25revenue for each district according to Minnesota Statutes 2010, section 124D.4531, and 26.26adjust the revenue for each district proportionately to meet the statewide revenue target 26.27under subdivision 1, paragraph (d) new text begin (c) new text end . For purposes of calculating the revenue guarantee 26.28under subdivision 3, the career and technical education revenue for the previous fiscal 26.29year is the revenue according to Minnesota Statutes 2010, section 124D.4531, before 26.30adjustments to meet the statewide revenue target. 26.31    Sec. 26. Minnesota Statutes 2013 Supplement, section 124D.861, subdivision 3, 26.32is amended to read: 27.1    Subd. 3. Public engagement; progress report and budget process. (a) To 27.2receive revenue under section 124D.862, the school board of an eligible district must 27.3incorporate school and district plan components under section 120B.11 into the district's 27.4comprehensive integration plan. 27.5(b) A school board must hold at least one formal annual hearing to publicly report its 27.6progress in realizing the goals identified in its plan. At the hearing, the board must provide 27.7the public with longitudinal data demonstrating district and school progress in reducing 27.8the disparities in student academic performance among the specified categories of students 27.9and in realizing racial and economic integration, consistent with the district plan and the 27.10measures in paragraph (a). At least 30 days before the formal hearing under this paragraph, 27.11the board must post its plan, its preliminary analysis, relevant student performance data, 27.12and other longitudinal data on the district's Web site. A district must hold one hearing to 27.13meet the hearing requirements of both this section and section 120B.11. 27.14(c) The district must submit a detailed budget to the commissioner by March 15 in 27.15the year before it implements its plan. The commissioner must review, and approve or 27.16disapprove the district's budget by June 1 of that year. 27.17(d) The longitudinal data required under paragraph (a) must be based on student 27.18growth and progress in reading and mathematics, as defined under section 120B.30, 27.19subdivision 1, and student performance data and achievement reports from fully adaptive 27.20reading and mathematics assessments for grades 3 through 7 beginning in the 2015-2016 27.21school year under section 120B.30, subdivision 1a, and either (i) school enrollment 27.22choices, (ii) the number of world language proficiency or high achievement certificates 27.23awarded under section 120B.022, subdivision 1, paragraphs (b) and (c) new text begin 1a, or the number new text end 27.24 new text begin of state bilingual and multilingual seals issued under section 120B.022, subdivision 1b new text end , 27.25or (iii) school safety and students' engagement and connection at school under section 27.26120B.35, subdivision 3 , paragraph (d). Additional longitudinal data may be based on: 27.27students' progress toward career and college readiness under section 120B.30, subdivision 27.281 ; or rigorous coursework completed under section 120B.35, subdivision 3, paragraph 27.29(c), clause (2). 27.30 new text begin EFFECTIVE DATE. new text end new text begin This section is effective for the 2014-2015 school year and new text end 27.31 new text begin later. new text end 27.32    Sec. 27. Minnesota Statutes 2013 Supplement, section 127A.70, subdivision 2, is 27.33amended to read: 27.34    Subd. 2. Powers and duties; report. (a) The partnership shall develop 27.35recommendations to the governor and the legislature designed to maximize the achievement 28.1of all P-20 students while promoting the efficient use of state resources, thereby helping 28.2the state realize the maximum value for its investment. These recommendations may 28.3include, but are not limited to, strategies, policies, or other actions focused on: 28.4    (1) improving the quality of and access to education at all points from preschool 28.5through graduate education; 28.6    (2) improving preparation for, and transitions to, postsecondary education and 28.7work; and 28.8    (3) ensuring educator quality by creating rigorous standards for teacher recruitment, 28.9teacher preparation, induction and mentoring of beginning teachers, and continuous 28.10professional development for career teachers new text begin ; and new text end 28.11     new text begin (4) realigning the governance and administrative structures of early education, new text end 28.12 new text begin kindergarten through grade 12, and postsecondary systems in Minnesota new text end . 28.13    (b) Under the direction of the P-20 Education Partnership Statewide Longitudinal 28.14Education Data System Governance Committee, the Office of Higher Education and the 28.15Departments of Education and Employment and Economic Development shall improve 28.16and expand the Statewide Longitudinal Education Data System (SLEDS) to provide 28.17policymakers, education and workforce leaders, researchers, and members of the public 28.18with data, research, and reports to: 28.19(1) expand reporting on students' educational outcomes; 28.20(2) evaluate the effectiveness of educational and workforce programs; and 28.21(3) evaluate the relationship between education and workforce outcomes. 28.22To the extent possible under federal and state law, research and reports should be 28.23accessible to the public on the Internet, and disaggregated by demographic characteristics, 28.24organization or organization characteristics, and geography. 28.25It is the intent of the legislature that the Statewide Longitudinal Education Data 28.26System inform public policy and decision-making. The SLEDS governance committee, 28.27with assistance from staff of the Office of Higher Education, the Department of Education, 28.28and the Department of Employment and Economic Development, shall respond to 28.29legislative committee and agency requests on topics utilizing data made available through 28.30the Statewide Longitudinal Education Data System as resources permit. Any analysis of 28.31or report on the data must contain only summary data. 28.32    (c) By January 15 of each year, the partnership shall submit a report to the governor 28.33and to the chairs and ranking minority members of the legislative committees and 28.34divisions with jurisdiction over P-20 education policy and finance that summarizes the 28.35partnership's progress in meeting its goals and identifies the need for any draft legislation 29.1when necessary to further the goals of the partnership to maximize student achievement 29.2while promoting efficient use of resources. 29.3    Sec. 28. new text begin MNSCU REVIEW OF WORLD LANGUAGE COMPETENCIES. new text end 29.4 new text begin The Minnesota State Colleges and Universities (MnSCU) chancellor, after new text end 29.5 new text begin consulting with the world language faculty, must review the specific competencies a new text end 29.6 new text begin K-12 student masters in attaining a state bilingual seal, multilingual seal, Minnesota new text end 29.7 new text begin World Language Proficiency Certificate, or Minnesota World Language Proficiency High new text end 29.8 new text begin Achievement Certificate under section 3, subdivisions 1a and 1b, and determine credit new text end 29.9 new text begin and course equivalencies for each seal or certificate. The chancellor, or the chancellor's new text end 29.10 new text begin designee, must report findings, determinations, and any recommendations to the education new text end 29.11 new text begin policy and finance committees of the legislature by February 15, 2015. new text end 29.12 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end 29.13    Sec. 29. new text begin REPEALER. new text end 29.14 new text begin Minnesota Statutes 2012, sections 120B.35, subdivision 4; and 122A.61, subdivision new text end 29.15 new text begin 2, new text end new text begin are repealed. new text end 29.16ARTICLE 3 29.17SPECIAL PROGRAMS 29.18    Section 1. Minnesota Statutes 2012, section 121A.582, subdivision 1, is amended to 29.19read: 29.20    Subdivision 1. Reasonable force standard. (a) A teacher or school principal, in 29.21exercising the person's lawful authority, may use reasonable force when it is necessary 29.22under the circumstances to correct or restrain a student or prevent bodily harm or death 29.23to another. 29.24(b) A school employee, school bus driver, or other agent of a district, in exercising 29.25the person's lawful authority, may use reasonable force when it is necessary under the 29.26circumstances to restrain a student or prevent bodily harm or death to another. 29.27(c) Paragraphs (a) and (b) do not authorize conduct prohibited under sections 29.28 and new text begin section 125A.0942 new text end . 29.29 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end 29.30    Sec. 2. Minnesota Statutes 2012, section 125A.023, subdivision 3, is amended to read: 30.1    Subd. 3. Definitions. For purposes of this section and section 125A.027, the 30.2following terms have the meanings given them: 30.3(a) "Health plan" means: 30.4(1) a health plan under section 62Q.01, subdivision 3; 30.5(2) a county-based purchasing plan under section 256B.692; 30.6(3) a self-insured health plan established by a local government under section 30.7471.617 ; or 30.8(4) self-insured health coverage provided by the state to its employees or retirees. 30.9(b) For purposes of this section, "health plan company" means an entity that issues 30.10a health plan as defined in paragraph (a). 30.11(c) "Individual interagency intervention plan" means a standardized written plan 30.12describing those programs or services and the accompanying funding sources available to 30.13eligible children with disabilities. 30.14(d) new text begin (c) new text end "Interagency intervention service system" means a system that coordinates 30.15services and programs required in state and federal law to meet the needs of eligible 30.16children with disabilities ages birth through 21, including: 30.17(1) services provided under the following programs or initiatives administered 30.18by state or local agencies: 30.19(i) the maternal and child health program under title V of the Social Security Act; 30.20(ii) the Minnesota children with special health needs program under sections 144.05 30.21and 144.07; 30.22(iii) the Individuals with Disabilities Education Act, Part B, section 619, and Part 30.23C as amended; 30.24(iv) medical assistance under title 42, chapter 7, of the Social Security Act; 30.25(v) developmental disabilities services under chapter 256B; 30.26(vi) the Head Start Act under title 42, chapter 105, of the Social Security Act; 30.27(vii) vocational rehabilitation services provided under chapters 248 and 268A and 30.28the Rehabilitation Act of 1973; 30.29(viii) Juvenile Court Act services provided under sections 260.011 to 260.91; 30.30260B.001 to 260B.446; and 260C.001 to 260C.451; 30.31(ix) Minnesota Comprehensive Children's Mental Health Act under section 245.487; 30.32(x) the community health services grants under sections 145.88 to 145.9266; 30.33(xi) the Local Public Health Act under chapter 145A; and 30.34(xii) the Vulnerable Children and Adults Act, sections 256M.60 to 256M.80; 30.35(2) service provision and funding that can be coordinated through: 30.36(i) the children's mental health collaborative under section 245.493; 31.1(ii) the family services collaborative under section 124D.23; 31.2(iii) the community transition interagency committees under section 125A.22; and 31.3(iv) the interagency early intervention committees under section 125A.259; 31.4(3) financial and other funding programs to be coordinated including medical 31.5assistance under title 42, chapter 7, of the Social Security Act, the MinnesotaCare program 31.6under chapter 256L, Supplemental Social Security Income, Developmental Disabilities 31.7Assistance, and any other employment-related activities associated with the Social 31.8Security Administration; and services provided under a health plan in conformity with an 31.9individual family service plan or an individualized education program or an individual 31.10interagency intervention plan; and 31.11(4) additional appropriate services that local agencies and counties provide on 31.12an individual need basis upon determining eligibility and receiving a request from the 31.13interagency early intervention committee and the child's parent. 31.14(e) new text begin (d) new text end "Children with disabilities" has the meaning given in section 125A.02. 31.15(f) new text begin (e) new text end A "standardized written plan" means those individual services or programs new text begin , new text end 31.16 new text begin with accompanying funding sources, new text end available through the interagency intervention 31.17service system to an eligible child other than the services or programs described in the 31.18child's individualized education program or the child's individual family service plan. 31.19    Sec. 3. Minnesota Statutes 2012, section 125A.023, subdivision 4, is amended to read: 31.20    Subd. 4. State Interagency Committee. (a) The new text begin commissioner of education, on new text end 31.21 new text begin behalf of the new text end governor new text begin , new text end shall convene a 19-member new text begin an new text end interagency committee to develop 31.22and implement a coordinated, multidisciplinary, interagency intervention service system 31.23for children ages three to 21 with disabilities. The commissioners of commerce, education, 31.24health, human rights, human services, employment and economic development, and 31.25corrections shall each appoint two committee members from their departments; the 31.26Association of Minnesota Counties shall appoint two county representatives, one of whom 31.27must be an elected official, as committee members; and the new text begin Association of Minnesota new text end 31.28 new text begin Counties, new text end Minnesota School Boards Association, the Minnesota Administrators of Special 31.29Education, and the School Nurse Association of Minnesota shall each appoint one 31.30committee member. The committee shall select a chair from among its members. 31.31(b) The committee shall: 31.32(1) identify and assist in removing state and federal barriers to local coordination of 31.33services provided to children with disabilities; 31.34(2) identify adequate, equitable, and flexible funding sources to streamline these 31.35services; 32.1(3) develop guidelines for implementing policies that ensure a comprehensive and 32.2coordinated system of all state and local agency services, including multidisciplinary 32.3assessment practices for children with disabilities ages three to 21; new text begin , including: new text end 32.4(4) new text begin (i) new text end develop, consistent with federal law, a standardized written plan for providing 32.5services to a child with disabilities; 32.6(5) new text begin (ii) new text end identify how current systems for dispute resolution can be coordinated and 32.7develop guidelines for that coordination; 32.8(6) new text begin (iii) new text end develop an evaluation process to measure the success of state and local 32.9interagency efforts in improving the quality and coordination of services to children with 32.10disabilities ages three to 21; new text begin and new text end 32.11(7) new text begin (iv) new text end develop guidelines to assist the governing boards of the interagency 32.12early intervention committees in carrying out the duties assigned in section 125A.027, 32.13subdivision 1 , paragraph (b); and 32.14(8) new text begin (4) new text end carry out other duties necessary to develop and implement within 32.15communities a coordinated, multidisciplinary, interagency intervention service system for 32.16children with disabilities. 32.17(c) The committee shall consult on an ongoing basis with the state new text begin Special new text end Education 32.18Advisory Committee for Special Education new text begin Panel new text end and the governor's Interagency 32.19Coordinating Council in carrying out its duties under this section, including assisting the 32.20governing boards of the interagency early intervention committees. 32.21    Sec. 4. Minnesota Statutes 2012, section 125A.027, subdivision 1, is amended to read: 32.22    Subdivision 1. Additional duties. (a) The governing boards of the interagency early 32.23intervention committees are responsible for developing and implementing interagency 32.24policies and procedures to coordinate services at the local level for children with 32.25disabilities ages three to 21 under guidelines established by the state interagency 32.26committee under section 125A.023, subdivision 4. Consistent with the requirements 32.27in this section and section 125A.023, the governing boards of the interagency early 32.28intervention committees shall new text begin may new text end organize as a joint powers board under section 471.59 32.29or enter into an interagency agreement that establishes a governance structure. 32.30(b) The governing board of each interagency early intervention committee as defined 32.31in section 125A.30, paragraph (a), which may include a juvenile justice professional, shall: 32.32(1) identify and assist in removing state and federal barriers to local coordination of 32.33services provided to children with disabilities; 32.34(2) identify adequate, equitable, and flexible use of funding by local agencies for 32.35these services; 33.1(3) implement policies that ensure a comprehensive and coordinated system of 33.2all state and local agency services, including new text begin practices on new text end multidisciplinary assessment 33.3practices, new text begin standardized written plans, dispute resolution, and system evaluation new text end for 33.4children with disabilities ages three to 21; 33.5(4) use a standardized written plan for providing services to a child with disabilities 33.6developed under section ; 33.7(5) access the coordinated dispute resolution system and incorporate the guidelines 33.8for coordinating services at the local level, consistent with section ; 33.9(6) use the evaluation process to measure the success of the local interagency effort 33.10in improving the quality and coordination of services to children with disabilities ages 33.11three to 21 consistent with section ; 33.12(7) develop a transitional plan for children moving from the interagency early 33.13childhood intervention system under sections to into the interagency 33.14intervention service system under this section; 33.15(8) new text begin (3) new text end coordinate services and facilitate payment for services from public and 33.16private institutions, agencies, and health plan companies; and 33.17(9) new text begin (4) new text end share needed information consistent with state and federal data practices 33.18requirements. 33.19    Sec. 5. Minnesota Statutes 2012, section 125A.027, subdivision 4, is amended to read: 33.20    Subd. 4. Responsibilities of school and county boards. (a) It is the joint 33.21responsibility of school and county boards to coordinate, provide, and pay for appropriate 33.22services, and to facilitate payment for services from public and private sources. Appropriate 33.23service for children eligible under section 125A.02 and receiving service from two or more 33.24public agencies of which one is the public school must be determined in consultation with 33.25parents, physicians, and other education, medical health, and human services providers. 33.26The services provided must be in conformity with an Individual Interagency Intervention 33.27Plan (IIIP) new text begin a standardized written plan new text end for each eligible child ages 3 to 21. 33.28(b) Appropriate services include those services listed on a child's IIIP new text begin standardized new text end 33.29 new text begin written plan new text end . These services are those that are required to be documented on a plan under 33.30federal and state law or rule. 33.31(c) School and county boards shall coordinate interagency services. Service 33.32responsibilities for eligible children, ages 3 to 21, shall new text begin may new text end be established in interagency 33.33agreements or joint powers board agreements. In addition, interagency agreements or joint 33.34powers board agreements shall new text begin may new text end be developed to establish agency responsibility that 33.35assures that coordinated interagency services are coordinated, provided, and paid for, and 34.1that payment is facilitated from public and private sources. School boards must provide, 34.2pay for, and facilitate payment for special education services as required under sections 34.3125A.03 and 125A.06. County boards must provide, pay for, and facilitate payment for 34.4those programs over which they have service and fiscal responsibility as referenced in 34.5section 125A.023, subdivision 3, paragraph (d) new text begin (c) new text end , clause (1). 34.6    Sec. 6. Minnesota Statutes 2012, section 125A.03, is amended to read: 34.7125A.03 SPECIAL INSTRUCTION FOR CHILDREN WITH A DISABILITY. 34.8(a) As defined in paragraph (b), every district must provide special instruction and 34.9services, either within the district or in another district, for all children with a disability, 34.10including providing required services under Code of Federal Regulations, title 34, section 34.11300.121, paragraph (d), to those children suspended or expelled from school for more than 34.12ten school days in that school year, who are residents of the district and who are disabled 34.13as set forth in section 125A.02. For purposes of state and federal special education 34.14laws, the phrase "special instruction and services" in the state Education Code means a 34.15free and appropriate public education provided to an eligible child with disabilities and 34.16includes special education and related services defined in the Individuals with Disabilities 34.17Education Act, subpart A, section . new text begin "Free appropriate public education" means new text end 34.18 new text begin special education and related services that: new text end 34.19 new text begin (1) are provided at public expense, under public supervision and direction, and new text end 34.20 new text begin without charge; new text end 34.21 new text begin (2) meet the standards of the state, including the requirements of the Individuals new text end 34.22 new text begin with Disabilities Education Act, Part B or C; new text end 34.23 new text begin (3) include an appropriate preschool, elementary school, or secondary school new text end 34.24 new text begin education; and new text end 34.25 new text begin (4) are provided to children ages three through 21 in conformity with an new text end 34.26 new text begin individualized education program that meets the requirements of the Individuals with new text end 34.27 new text begin Disabilities Education Act, subpart A, sections 300.320 to 300.324, and provided to new text end 34.28 new text begin infants and toddlers in conformity with an individualized family service plan that meets new text end 34.29 new text begin the requirements of the Individuals with Disabilities Education Act, subpart A, sections new text end 34.30 new text begin 303.300 to 303.346. new text end 34.31(b) Notwithstanding any age limits in laws to the contrary, special instruction and 34.32services must be provided from birth until July 1 after the child with a disability becomes 34.3321 years old but shall not extend beyond secondary school or its equivalent, except as 34.34provided in section 124D.68, subdivision 2. Local health, education, and social service 34.35agencies must refer children under age five who are known to need or suspected of 35.1needing special instruction and services to the school district. Districts with less than the 35.2minimum number of eligible children with a disability as determined by the commissioner 35.3must cooperate with other districts to maintain a full range of programs for education 35.4and services for children with a disability. This section does not alter the compulsory 35.5attendance requirements of section 120A.22. 35.6    Sec. 7. Minnesota Statutes 2012, section 125A.08, is amended to read: 35.7125A.08 INDIVIDUALIZED EDUCATION PROGRAMS. 35.8(a) At the beginning of each school year, each school district shall have in effect, for 35.9each child with a disability, an individualized education program. 35.10(b) As defined in this section, every district must ensure the following: 35.11(1) all students with disabilities are provided the special instruction and services 35.12which are appropriate to their needs. Where the individualized education program team 35.13has determined appropriate goals and objectives based on the student's needs, including 35.14the extent to which the student can be included in the least restrictive environment, 35.15and where there are essentially equivalent and effective instruction, related services, or 35.16assistive technology devices available to meet the student's needs, cost to the district may 35.17be among the factors considered by the team in choosing how to provide the appropriate 35.18services, instruction, or devices that are to be made part of the student's individualized 35.19education program. The individualized education program team shall consider and 35.20may authorize services covered by medical assistance according to section 256B.0625, 35.21subdivision 26 . The student's needs and the special education instruction and services to 35.22be provided must be agreed upon through the development of an individualized education 35.23program. The program must address the student's need to develop skills to live and work 35.24as independently as possible within the community. The individualized education program 35.25team must consider positive behavioral interventions, strategies, and supports that address 35.26behavior for children with attention deficit disorder or attention deficit hyperactivity 35.27disorder. During grade 9, the program must address the student's needs for transition from 35.28secondary services to postsecondary education and training, employment, community 35.29participation, recreation, and leisure and home living. In developing the program, districts 35.30must inform parents of the full range of transitional goals and related services that should 35.31be considered. The program must include a statement of the needed transition services, 35.32including a statement of the interagency responsibilities or linkages or both before 35.33secondary services are concluded; 35.34(2) children with a disability under age five and their families are provided special 35.35instruction and services appropriate to the child's level of functioning and needs; 36.1(3) children with a disability and their parents or guardians are guaranteed procedural 36.2safeguards and the right to participate in decisions involving identification, assessment 36.3including assistive technology assessment, and educational placement of children with a 36.4disability; 36.5(4) eligibility and needs of children with a disability are determined by an initial 36.6assessment or reassessment new text begin evaluation or reevaluation new text end , which may be completed using 36.7existing data under United States Code, title 20, section 33, et seq.; 36.8(5) to the maximum extent appropriate, children with a disability, including those 36.9in public or private institutions or other care facilities, are educated with children who 36.10are not disabled, and that special classes, separate schooling, or other removal of children 36.11with a disability from the regular educational environment occurs only when and to the 36.12extent that the nature or severity of the disability is such that education in regular classes 36.13with the use of supplementary services cannot be achieved satisfactorily; 36.14(6) in accordance with recognized professional standards, testing and evaluation 36.15materials, and procedures used for the purposes of classification and placement of children 36.16with a disability are selected and administered so as not to be racially or culturally 36.17discriminatory; and 36.18(7) the rights of the child are protected when the parents or guardians are not known 36.19or not available, or the child is a ward of the state. 36.20(c) For paraprofessionals employed to work in programs for students with 36.21disabilities, the school board in each district shall ensure that: 36.22(1) before or immediately upon employment, each paraprofessional develops 36.23sufficient knowledge and skills in emergency procedures, building orientation, roles and 36.24responsibilities, confidentiality, vulnerability, and reportability, among other things, to 36.25begin meeting the needs of the students with whom the paraprofessional works; 36.26(2) annual training opportunities are available to enable the paraprofessional to 36.27continue to further develop the knowledge and skills that are specific to the students with 36.28whom the paraprofessional works, including understanding disabilities, following lesson 36.29plans, and implementing follow-up instructional procedures and activities; and 36.30(3) a districtwide process obligates each paraprofessional to work under the ongoing 36.31direction of a licensed teacher and, where appropriate and possible, the supervision of a 36.32school nurse. 36.33 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end 36.34    Sec. 8. Minnesota Statutes 2013 Supplement, section 125A.0942, subdivision 2, 36.35is amended to read: 37.1    Subd. 2. Restrictive procedures. (a) Restrictive procedures may be used only 37.2by a licensed special education teacher, school social worker, school psychologist, 37.3behavior analyst certified by the National Behavior Analyst Certification Board, a person 37.4with a master's degree in behavior analysis, other licensed education professional, 37.5paraprofessional under section 120B.363, or mental health professional under section 37.6245.4871, subdivision 27 , who has completed the training program under subdivision 5. 37.7(b) A school shall make reasonable efforts to notify the parent on the same day a 37.8restrictive procedure is used on the child, or if the school is unable to provide same-day 37.9notice, notice is sent within two days by written or electronic means or as otherwise 37.10indicated by the child's parent under paragraph (d) new text begin (f) new text end . 37.11(c) The district must hold a meeting of the individualized education program team, 37.12conduct or review a functional behavioral analysis, review data, consider developing 37.13additional or revised positive behavioral interventions and supports, consider actions to 37.14reduce the use of restrictive procedures, and modify the individualized education program 37.15or behavior intervention plan as appropriate. The district must hold the meeting: within 37.16ten calendar days after district staff use restrictive procedures on two separate school 37.17days within 30 calendar days or a pattern of use emerges and the child's individualized 37.18education program or behavior intervention plan does not provide for using restrictive 37.19procedures in an emergency; or at the request of a parent or the district after restrictive 37.20procedures are used. The district must review use of restrictive procedures at a child's 37.21annual individualized education program meeting when the child's individualized 37.22education program provides for using restrictive procedures in an emergency. 37.23(d) If the individualized education program team under paragraph (c) determines 37.24that existing interventions and supports are ineffective in reducing the use of restrictive 37.25procedures or the district uses restrictive procedures on a child on ten or more school days 37.26during the same school year, the team, as appropriate, either must consult with other 37.27professionals working with the child; consult with experts in behavior analysis, mental 37.28health, communication, or autism; consult with culturally competent professionals; 37.29review existing evaluations, resources, and successful strategies; or consider whether to 37.30reevaluate the child. 37.31(e) At the individualized education program meeting under paragraph (c), the team 37.32must review any known medical or psychological limitations, including any medical 37.33information the parent provides voluntarily, that contraindicate the use of a restrictive 37.34procedure, consider whether to prohibit that restrictive procedure, and document any 37.35prohibition in the individualized education program or behavior intervention plan. 38.1(f) An individualized education program team may plan for using restrictive 38.2procedures and may include these procedures in a child's individualized education 38.3program or behavior intervention plan; however, the restrictive procedures may be used 38.4only in response to behavior that constitutes an emergency, consistent with this section. 38.5The individualized education program or behavior intervention plan shall indicate how the 38.6parent wants to be notified when a restrictive procedure is used. 38.7 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end 38.8    Sec. 9. Minnesota Statutes 2012, section 125A.22, is amended to read: 38.9125A.22 COMMUNITY TRANSITION INTERAGENCY COMMITTEE. 38.10A district, group of districts, or special education cooperative, in cooperation with 38.11the county or counties in which the district or cooperative is located, must new text begin may new text end establish 38.12a community transition interagency committee for youth with disabilities, beginning at 38.13grade 9 or age equivalent, and their families. Members of the committee must consist of 38.14 new text begin may include new text end representatives from special education, vocational and regular education, 38.15community education, postsecondary education and training institutions, mental health, 38.16adults with disabilities who have received transition services if such persons are available, 38.17parents of youth with disabilities, local business or industry, rehabilitation services, county 38.18social services, health agencies, and additional public or private adult service providers as 38.19appropriate. The committee must elect a chair and must meet regularly. The committee 38.20must new text begin may new text end : 38.21(1) identify current services, programs, and funding sources provided within 38.22the community for secondary and postsecondary aged youth with disabilities and their 38.23families new text begin that prepare them for further education; employment, including integrated new text end 38.24 new text begin competitive employment; and independent living new text end ; 38.25(2) facilitate the development of multiagency teams to address present and future 38.26transition needs of individual students on their individualized education programs; 38.27(3) develop a community plan to include mission, goals, and objectives, and an 38.28implementation plan to assure that transition needs of individuals with disabilities are met; 38.29(4) recommend changes or improvements in the community system of transition 38.30services; new text begin and new text end 38.31(5) exchange agency information such as appropriate data, effectiveness studies, 38.32special projects, exemplary programs, and creative funding of programs; and new text begin . new text end 38.33(6) following procedures determined by the commissioner, prepare a yearly summary 38.34assessing the progress of transition services in the community including follow-up of 39.1individuals with disabilities who were provided transition services to determine postschool 39.2outcomes. The summary must be disseminated to all adult services agencies involved in 39.3the planning and to the commissioner by October 1 of each year. 39.4    Sec. 10. Minnesota Statutes 2013 Supplement, section 125A.30, is amended to read: 39.5125A.30 INTERAGENCY EARLY INTERVENTION COMMITTEES. 39.6(a) A school district, group of new text begin school new text end districts, or special education cooperative 39.7 new text begin cooperatives new text end , in cooperation with the health and human service agencies located in 39.8the county or counties in which the district new text begin districts new text end or cooperative is new text begin cooperatives are new text end 39.9 located, must establish an Interagency Early Intervention Committee for children with 39.10disabilities under age five and their families under this section, and for children with 39.11disabilities ages three to 22 consistent with the requirements under sections 125A.023 39.12and 125A.027. Committees must include representatives of local health, education, and 39.13county human service agencies, county boards, school boards, early childhood family 39.14education programs, Head Start, parents of young children with disabilities under age 12, 39.15child care resource and referral agencies, school readiness programs, current service 39.16providers, and agencies that serve families experiencing homelessness, and may also 39.17include representatives from other private or public agencies and school nurses. The 39.18committee must elect a chair from among its members and must meet at least quarterly. 39.19(b) The committee must develop and implement interagency policies and procedures 39.20concerning the following ongoing duties: 39.21(1) develop public awareness systems designed to inform potential recipient families, 39.22especially parents with premature infants, or infants with other physical risk factors 39.23associated with learning or development complications, of available programs and services; 39.24(2) to reduce families' need for future services, and especially parents with premature 39.25infants, or infants with other physical risk factors associated with learning or development 39.26complications, implement interagency child find systems designed to actively seek out, 39.27identify, and refer infants and young children with, or at risk of, disabilities, including 39.28a child under the age of three who: (i) is the subject of a substantiated case of abuse or 39.29neglect or (ii) is identified as directly affected by illegal substance abuse, or withdrawal 39.30symptoms resulting from prenatal drug exposure; 39.31(3) establish and evaluate the identification, referral, screening, evaluation, child- 39.32and family-directed assessment systems, procedural safeguard process, and community 39.33learning systems to recommend, where necessary, alterations and improvements; 39.34(4) assure the development of individualized family service plans for all eligible 39.35infants and toddlers with disabilities from birth through age two, and their families, 40.1and individualized education programs and individual service plans when necessary to 40.2appropriately serve children with disabilities, age three and older, and their families and 40.3recommend assignment of financial responsibilities to the appropriate agencies; 40.4(5) new text begin (3) new text end implement a process for assuring that services involve cooperating agencies 40.5at all steps leading to individualized programs; 40.6(6) facilitate the development of a transition plan in the individual family service 40.7plan by the time a child is two years and nine months old; 40.8(7) new text begin (4) new text end identify the current services and funding being provided within the 40.9community for children with disabilities under age five and their families; new text begin and new text end 40.10(8) new text begin (5) new text end develop a plan for the allocation and expenditure of federal early intervention 40.11funds under United States Code, title 20, section 1471 et seq. (Part C, Public Law 108-446) 40.12and United States Code, title 20, section 631, et seq. (Chapter I, Public Law 89-313); and new text begin . new text end 40.13(9) develop a policy that is consistent with section 13.05, subdivision 9, and federal 40.14law to enable a member of an interagency early intervention committee to allow another 40.15member access to data classified as not public. 40.16(c) The local committee shall also participate in needs assessments and program 40.17planning activities conducted by local social service, health and education agencies for 40.18young children with disabilities and their families. 40.19    Sec. 11. Minnesota Statutes 2012, section 127A.065, is amended to read: 40.20127A.065 CROSS-SUBSIDY REPORT. 40.21    By January 10 new text begin March 30 new text end , the commissioner of education shall submit an annual 40.22report to the legislative committees having jurisdiction over kindergarten through grade 40.2312 education on the amount each district is cross-subsidizing special education costs 40.24with general education revenue. 40.25    Sec. 12. Minnesota Statutes 2012, section 260D.06, subdivision 2, is amended to read: 40.26    Subd. 2. Agency report to court; court review. The agency shall obtain judicial 40.27review by reporting to the court according to the following procedures: 40.28    (a) A written report shall be forwarded to the court within 165 days of the date of the 40.29voluntary placement agreement. The written report shall contain or have attached: 40.30    (1) a statement of facts that necessitate the child's foster care placement; 40.31    (2) the child's name, date of birth, race, gender, and current address; 40.32    (3) the names, race, date of birth, residence, and post office addresses of the child's 40.33parents or legal custodian; 41.1    (4) a statement regarding the child's eligibility for membership or enrollment in an 41.2Indian tribe and the agency's compliance with applicable provisions of sections 260.751 to 41.3260.835 ; 41.4    (5) the names and addresses of the foster parents or chief administrator of the facility 41.5in which the child is placed, if the child is not in a family foster home or group home; 41.6    (6) a copy of the out-of-home placement plan required under section 260C.212, 41.7subdivision 1; 41.8    (7) a written summary of the proceedings of any administrative review required 41.9under section 260C.203; and 41.10    (8) any other information the agency, parent or legal custodian, the child or the foster 41.11parent, or other residential facility wants the court to consider. 41.12    (b) In the case of a child in placement due to emotional disturbance, the written 41.13report shall include as an attachment, the child's individual treatment plan developed by 41.14the child's treatment professional, as provided in section 245.4871, subdivision 21, or the 41.15child's individual interagency intervention new text begin standard written new text end plan, as provided in section 41.16125A.023 , subdivision 3, paragraph (c) new text begin (e) new text end . 41.17    (c) In the case of a child in placement due to developmental disability or a related 41.18condition, the written report shall include as an attachment, the child's individual service 41.19plan, as provided in section 256B.092, subdivision 1b; the child's individual program plan, 41.20as provided in Minnesota Rules, part 9525.0004, subpart 11; the child's waiver care plan; 41.21or the child's individual interagency intervention new text begin standard written new text end plan, as provided in 41.22section 125A.023, subdivision 3, paragraph (c) new text begin (e) new text end . 41.23    (d) The agency must inform the child, age 12 or older, the child's parent, and the 41.24foster parent or foster care facility of the reporting and court review requirements of this 41.25section and of their right to submit information to the court: 41.26    (1) if the child or the child's parent or the foster care provider wants to send 41.27information to the court, the agency shall advise those persons of the reporting date and the 41.28date by which the agency must receive the information they want forwarded to the court so 41.29the agency is timely able submit it with the agency's report required under this subdivision; 41.30    (2) the agency must also inform the child, age 12 or older, the child's parent, and 41.31the foster care facility that they have the right to be heard in person by the court and 41.32how to exercise that right; 41.33    (3) the agency must also inform the child, age 12 or older, the child's parent, and 41.34the foster care provider that an in-court hearing will be held if requested by the child, 41.35the parent, or the foster care provider; and 42.1    (4) if, at the time required for the report under this section, a child, age 12 or 42.2older, disagrees about the foster care facility or services provided under the out-of-home 42.3placement plan required under section 260C.212, subdivision 1, the agency shall include 42.4information regarding the child's disagreement, and to the extent possible, the basis for the 42.5child's disagreement in the report required under this section. 42.6    (e) After receiving the required report, the court has jurisdiction to make the 42.7following determinations and must do so within ten days of receiving the forwarded 42.8report, whether a hearing is requested: 42.9    (1) whether the voluntary foster care arrangement is in the child's best interests; 42.10    (2) whether the parent and agency are appropriately planning for the child; and 42.11    (3) in the case of a child age 12 or older, who disagrees with the foster care facility 42.12or services provided under the out-of-home placement plan, whether it is appropriate to 42.13appoint counsel and a guardian ad litem for the child using standards and procedures 42.14under section 260C.163. 42.15    (f) Unless requested by a parent, representative of the foster care facility, or the 42.16child, no in-court hearing is required in order for the court to make findings and issue an 42.17order as required in paragraph (e). 42.18    (g) If the court finds the voluntary foster care arrangement is in the child's best 42.19interests and that the agency and parent are appropriately planning for the child, the 42.20court shall issue an order containing explicit, individualized findings to support its 42.21determination. The individualized findings shall be based on the agency's written report 42.22and other materials submitted to the court. The court may make this determination 42.23notwithstanding the child's disagreement, if any, reported under paragraph (d). 42.24    (h) The court shall send a copy of the order to the county attorney, the agency, 42.25parent, child, age 12 or older, and the foster parent or foster care facility. 42.26    (i) The court shall also send the parent, the child, age 12 or older, the foster parent, or 42.27representative of the foster care facility notice of the permanency review hearing required 42.28under section 260D.07, paragraph (e). 42.29    (j) If the court finds continuing the voluntary foster care arrangement is not in the 42.30child's best interests or that the agency or the parent are not appropriately planning for the 42.31child, the court shall notify the agency, the parent, the foster parent or foster care facility, 42.32the child, age 12 or older, and the county attorney of the court's determinations and the 42.33basis for the court's determinations. In this case, the court shall set the matter for hearing 42.34and appoint a guardian ad litem for the child under section 260C.163, subdivision 5. 43.1    Sec. 13. Minnesota Statutes 2013 Supplement, section 626.556, subdivision 2, is 43.2amended to read: 43.3    Subd. 2. Definitions. As used in this section, the following terms have the meanings 43.4given them unless the specific content indicates otherwise: 43.5    (a) "Family assessment" means a comprehensive assessment of child safety, risk 43.6of subsequent child maltreatment, and family strengths and needs that is applied to a 43.7child maltreatment report that does not allege substantial child endangerment. Family 43.8assessment does not include a determination as to whether child maltreatment occurred 43.9but does determine the need for services to address the safety of family members and the 43.10risk of subsequent maltreatment. 43.11    (b) "Investigation" means fact gathering related to the current safety of a child 43.12and the risk of subsequent maltreatment that determines whether child maltreatment 43.13occurred and whether child protective services are needed. An investigation must be used 43.14when reports involve substantial child endangerment, and for reports of maltreatment in 43.15facilities required to be licensed under chapter 245A or 245B; under sections 144.50 to 43.16144.58 and 241.021; in a school as defined in sections 120A.05, subdivisions 9, 11, and 43.1713, and 124D.10; or in a nonlicensed personal care provider association as defined in 43.18sections 256B.04, subdivision 16, and 256B.0625, subdivision 19a. 43.19    (c) "Substantial child endangerment" means a person responsible for a child's care, 43.20and in the case of sexual abuse includes a person who has a significant relationship to the 43.21child as defined in section 609.341, or a person in a position of authority as defined in 43.22section 609.341, who by act or omission commits or attempts to commit an act against a 43.23child under their care that constitutes any of the following: 43.24    (1) egregious harm as defined in section 260C.007, subdivision 14; 43.25    (2) sexual abuse as defined in paragraph (d); 43.26    (3) abandonment under section 260C.301, subdivision 2; 43.27    (4) neglect as defined in paragraph (f), clause (2), that substantially endangers the 43.28child's physical or mental health, including a growth delay, which may be referred to as 43.29failure to thrive, that has been diagnosed by a physician and is due to parental neglect; 43.30    (5) murder in the first, second, or third degree under section 609.185, 609.19, or 43.31609.195 ; 43.32    (6) manslaughter in the first or second degree under section 609.20 or 609.205; 43.33    (7) assault in the first, second, or third degree under section 609.221, 609.222, or 43.34609.223 ; 43.35    (8) solicitation, inducement, and promotion of prostitution under section 609.322; 43.36    (9) criminal sexual conduct under sections 609.342 to 609.3451; 44.1    (10) solicitation of children to engage in sexual conduct under section 609.352; 44.2    (11) malicious punishment or neglect or endangerment of a child under section 44.3609.377 or 609.378; 44.4    (12) use of a minor in sexual performance under section 617.246; or 44.5    (13) parental behavior, status, or condition which mandates that the county attorney 44.6file a termination of parental rights petition under section 260C.503, subdivision 2. 44.7    (d) "Sexual abuse" means the subjection of a child by a person responsible for the 44.8child's care, by a person who has a significant relationship to the child, as defined in 44.9section 609.341, or by a person in a position of authority, as defined in section 609.341, 44.10subdivision 10, to any act which constitutes a violation of section 609.342 (criminal sexual 44.11conduct in the first degree), 609.343 (criminal sexual conduct in the second degree), 44.12609.344 (criminal sexual conduct in the third degree), 609.345 (criminal sexual conduct 44.13in the fourth degree), or 609.3451 (criminal sexual conduct in the fifth degree). Sexual 44.14abuse also includes any act which involves a minor which constitutes a violation of 44.15prostitution offenses under sections 609.321 to 609.324 or 617.246. Sexual abuse includes 44.16threatened sexual abuse which includes the status of a parent or household member 44.17who has committed a violation which requires registration as an offender under section 44.18243.166, subdivision 1b, paragraph (a) or (b), or required registration under section 44.19243.166, subdivision 1b, paragraph (a) or (b). 44.20    (e) "Person responsible for the child's care" means (1) an individual functioning 44.21within the family unit and having responsibilities for the care of the child such as a 44.22parent, guardian, or other person having similar care responsibilities, or (2) an individual 44.23functioning outside the family unit and having responsibilities for the care of the child 44.24such as a teacher, school administrator, other school employees or agents, or other lawful 44.25custodian of a child having either full-time or short-term care responsibilities including, 44.26but not limited to, day care, babysitting whether paid or unpaid, counseling, teaching, 44.27and coaching. 44.28    (f) "Neglect" means the commission or omission of any of the acts specified under 44.29clauses (1) to (9), other than by accidental means: 44.30    (1) failure by a person responsible for a child's care to supply a child with necessary 44.31food, clothing, shelter, health, medical, or other care required for the child's physical or 44.32mental health when reasonably able to do so; 44.33    (2) failure to protect a child from conditions or actions that seriously endanger the 44.34child's physical or mental health when reasonably able to do so, including a growth delay, 44.35which may be referred to as a failure to thrive, that has been diagnosed by a physician and 44.36is due to parental neglect; 45.1    (3) failure to provide for necessary supervision or child care arrangements 45.2appropriate for a child after considering factors as the child's age, mental ability, physical 45.3condition, length of absence, or environment, when the child is unable to care for the 45.4child's own basic needs or safety, or the basic needs or safety of another child in their care; 45.5    (4) failure to ensure that the child is educated as defined in sections 120A.22 and 45.6260C.163, subdivision 11 , which does not include a parent's refusal to provide the parent's 45.7child with sympathomimetic medications, consistent with section 125A.091, subdivision 5; 45.8    (5) nothing in this section shall be construed to mean that a child is neglected solely 45.9because the child's parent, guardian, or other person responsible for the child's care in 45.10good faith selects and depends upon spiritual means or prayer for treatment or care of 45.11disease or remedial care of the child in lieu of medical care; except that a parent, guardian, 45.12or caretaker, or a person mandated to report pursuant to subdivision 3, has a duty to report 45.13if a lack of medical care may cause serious danger to the child's health. This section does 45.14not impose upon persons, not otherwise legally responsible for providing a child with 45.15necessary food, clothing, shelter, education, or medical care, a duty to provide that care; 45.16    (6) prenatal exposure to a controlled substance, as defined in section 253B.02, 45.17subdivision 2, used by the mother for a nonmedical purpose, as evidenced by withdrawal 45.18symptoms in the child at birth, results of a toxicology test performed on the mother at 45.19delivery or the child at birth, medical effects or developmental delays during the child's 45.20first year of life that medically indicate prenatal exposure to a controlled substance, or the 45.21presence of a fetal alcohol spectrum disorder; 45.22    (7) "medical neglect" as defined in section 260C.007, subdivision 6, clause (5); 45.23    (8) chronic and severe use of alcohol or a controlled substance by a parent or 45.24person responsible for the care of the child that adversely affects the child's basic needs 45.25and safety; or 45.26    (9) emotional harm from a pattern of behavior which contributes to impaired 45.27emotional functioning of the child which may be demonstrated by a substantial and 45.28observable effect in the child's behavior, emotional response, or cognition that is not 45.29within the normal range for the child's age and stage of development, with due regard to 45.30the child's culture. 45.31    (g) "Physical abuse" means any physical injury, mental injury, or threatened injury, 45.32inflicted by a person responsible for the child's care on a child other than by accidental 45.33means, or any physical or mental injury that cannot reasonably be explained by the child's 45.34history of injuries, or any aversive or deprivation procedures, or regulated interventions, 45.35that have not been authorized under section new text begin 125A.0942 new text end or 245.825. 46.1    Abuse does not include reasonable and moderate physical discipline of a child 46.2administered by a parent or legal guardian which does not result in an injury. Abuse does 46.3not include the use of reasonable force by a teacher, principal, or school employee as 46.4allowed by section 121A.582. Actions which are not reasonable and moderate include, 46.5but are not limited to, any of the following that are done in anger or without regard to the 46.6safety of the child: 46.7    (1) throwing, kicking, burning, biting, or cutting a child; 46.8    (2) striking a child with a closed fist; 46.9    (3) shaking a child under age three; 46.10    (4) striking or other actions which result in any nonaccidental injury to a child 46.11under 18 months of age; 46.12    (5) unreasonable interference with a child's breathing; 46.13    (6) threatening a child with a weapon, as defined in section 609.02, subdivision 6; 46.14    (7) striking a child under age one on the face or head; 46.15    (8) purposely giving a child poison, alcohol, or dangerous, harmful, or controlled 46.16substances which were not prescribed for the child by a practitioner, in order to control or 46.17punish the child; or other substances that substantially affect the child's behavior, motor 46.18coordination, or judgment or that results in sickness or internal injury, or subjects the 46.19child to medical procedures that would be unnecessary if the child were not exposed 46.20to the substances; 46.21    (9) unreasonable physical confinement or restraint not permitted under section 46.22609.379 , including but not limited to tying, caging, or chaining; or 46.23    (10) in a school facility or school zone, an act by a person responsible for the child's 46.24care that is a violation under section 121A.58. 46.25    (h) "Report" means any report received by the local welfare agency, police 46.26department, county sheriff, or agency responsible for assessing or investigating 46.27maltreatment pursuant to this section. 46.28    (i) "Facility" means: 46.29    (1) a licensed or unlicensed day care facility, residential facility, agency, hospital, 46.30sanitarium, or other facility or institution required to be licensed under sections 144.50 to 46.31144.58 , 241.021, or 245A.01 to 245A.16, or chapter 245D; 46.32    (2) a school as defined in sections 120A.05, subdivisions 9, 11, and 13; and 46.33124D.10 ; or 46.34    (3) a nonlicensed personal care provider organization as defined in sections 256B.04, 46.35subdivision 16, and 256B.0625, subdivision 19a. 46.36    (j) "Operator" means an operator or agency as defined in section 245A.02. 47.1    (k) "Commissioner" means the commissioner of human services. 47.2    (l) "Practice of social services," for the purposes of subdivision 3, includes but is 47.3not limited to employee assistance counseling and the provision of guardian ad litem and 47.4parenting time expeditor services. 47.5    (m) "Mental injury" means an injury to the psychological capacity or emotional 47.6stability of a child as evidenced by an observable or substantial impairment in the child's 47.7ability to function within a normal range of performance and behavior with due regard to 47.8the child's culture. 47.9    (n) "Threatened injury" means a statement, overt act, condition, or status that 47.10represents a substantial risk of physical or sexual abuse or mental injury. Threatened 47.11injury includes, but is not limited to, exposing a child to a person responsible for the 47.12child's care, as defined in paragraph (e), clause (1), who has: 47.13    (1) subjected a child to, or failed to protect a child from, an overt act or condition 47.14that constitutes egregious harm, as defined in section 260C.007, subdivision 14, or a 47.15similar law of another jurisdiction; 47.16    (2) been found to be palpably unfit under section 260C.301, subdivision 1, paragraph 47.17(b), clause (4), or a similar law of another jurisdiction; 47.18    (3) committed an act that has resulted in an involuntary termination of parental rights 47.19under section 260C.301, or a similar law of another jurisdiction; or 47.20    (4) committed an act that has resulted in the involuntary transfer of permanent 47.21legal and physical custody of a child to a relative under Minnesota Statutes 2010, section 47.22260C.201, subdivision 11 , paragraph (d), clause (1), section 260C.515, subdivision 4, or a 47.23similar law of another jurisdiction. 47.24A child is the subject of a report of threatened injury when the responsible social 47.25services agency receives birth match data under paragraph (o) from the Department of 47.26Human Services. 47.27(o) Upon receiving data under section 144.225, subdivision 2b, contained in a 47.28birth record or recognition of parentage identifying a child who is subject to threatened 47.29injury under paragraph (n), the Department of Human Services shall send the data to the 47.30responsible social services agency. The data is known as "birth match" data. Unless the 47.31responsible social services agency has already begun an investigation or assessment of the 47.32report due to the birth of the child or execution of the recognition of parentage and the 47.33parent's previous history with child protection, the agency shall accept the birth match 47.34data as a report under this section. The agency may use either a family assessment or 47.35investigation to determine whether the child is safe. All of the provisions of this section 47.36apply. If the child is determined to be safe, the agency shall consult with the county 48.1attorney to determine the appropriateness of filing a petition alleging the child is in need 48.2of protection or services under section 260C.007, subdivision 6, clause (16), in order to 48.3deliver needed services. If the child is determined not to be safe, the agency and the county 48.4attorney shall take appropriate action as required under section 260C.503, subdivision 2. 48.5    (p) Persons who conduct assessments or investigations under this section shall take 48.6into account accepted child-rearing practices of the culture in which a child participates 48.7and accepted teacher discipline practices, which are not injurious to the child's health, 48.8welfare, and safety. 48.9    (q) "Accidental" means a sudden, not reasonably foreseeable, and unexpected 48.10occurrence or event which: 48.11    (1) is not likely to occur and could not have been prevented by exercise of due 48.12care; and 48.13    (2) if occurring while a child is receiving services from a facility, happens when the 48.14facility and the employee or person providing services in the facility are in compliance 48.15with the laws and rules relevant to the occurrence or event. 48.16(r) "Nonmaltreatment mistake" means: 48.17(1) at the time of the incident, the individual was performing duties identified in the 48.18center's child care program plan required under Minnesota Rules, part 9503.0045; 48.19(2) the individual has not been determined responsible for a similar incident that 48.20resulted in a finding of maltreatment for at least seven years; 48.21(3) the individual has not been determined to have committed a similar 48.22nonmaltreatment mistake under this paragraph for at least four years; 48.23(4) any injury to a child resulting from the incident, if treated, is treated only with 48.24remedies that are available over the counter, whether ordered by a medical professional or 48.25not; and 48.26(5) except for the period when the incident occurred, the facility and the individual 48.27providing services were both in compliance with all licensing requirements relevant to the 48.28incident. 48.29This definition only applies to child care centers licensed under Minnesota 48.30Rules, chapter 9503. If clauses (1) to (5) apply, rather than making a determination of 48.31substantiated maltreatment by the individual, the commissioner of human services shall 48.32determine that a nonmaltreatment mistake was made by the individual. 48.33 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end 48.34    Sec. 14. new text begin RULEMAKING AUTHORITY; SPECIAL EDUCATION TASK FORCE new text end 48.35 new text begin RECOMMENDATIONS. new text end 49.1 new text begin The commissioner of education must use the expedited rulemaking process under new text end 49.2 new text begin Minnesota Statutes, section 14.389, to make the rule changes recommended by the new text end 49.3 new text begin Special Education Case Load and Rule Alignment Task Force in its 2014 report entitled new text end 49.4 new text begin "Recommendations for Special Education Case Load and Rule Alignment" submitted new text end 49.5 new text begin to the legislature on February 15, 2014. new text end 49.6 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end 49.7    Sec. 15. new text begin REPEALER. new text end 49.8 new text begin Minnesota Statutes 2012, section 125A.027, subdivision 3, new text end new text begin is repealed. new text end 49.9ARTICLE 4 49.10NUTRITION 49.11    Section 1. Minnesota Statutes 2012, section 124D.111, subdivision 3, is amended to 49.12read: 49.13    Subd. 3. School food service fund. (a) The expenses described in this subdivision 49.14must be recorded as provided in this subdivision. 49.15(b) In each district, the expenses for a school food service program for pupils must 49.16be attributed to a school food service fund. Under a food service program, the school 49.17food service may prepare or serve milk, meals, or snacks in connection with school or 49.18community service activities. 49.19(c) Revenues and expenditures for food service activities must be recorded in the 49.20food service fund. The costs of processing applications, accounting for meals, preparing 49.21and serving food, providing kitchen custodial services, and other expenses involving the 49.22preparing of meals or the kitchen section of the lunchroom may be charged to the food 49.23service fund or to the general fund of the district. The costs of lunchroom supervision, 49.24lunchroom custodial services, lunchroom utilities, and other administrative costs of the 49.25food service program must be charged to the general fund. 49.26That portion of superintendent and fiscal manager costs that can be documented as 49.27attributable to the food service program may be charged to the food service fund provided 49.28that the school district does not employ or contract with a food service director or other 49.29individual who manages the food service program, or food service management company. 49.30If the cost of the superintendent or fiscal manager is charged to the food service fund, 49.31the charge must be at a wage rate not to exceed the statewide average for food service 49.32directors as determined by the department. 50.1(d) Capital expenditures for the purchase of food service equipment must be made 50.2from the general fund and not the food service fund, unless the unreserved new text begin restricted new text end 50.3 balance in the food service fund at the end of the last fiscal year is greater than the cost of 50.4the equipment to be purchased. 50.5(e) If the condition set out in paragraph (d) applies, the equipment may be purchased 50.6from the food service fund. 50.7(f) If a deficit in the food service fund exists at the end of a fiscal year, and the deficit 50.8is not eliminated by revenues from food service operations in the next fiscal year, then the 50.9deficit must be eliminated by a permanent fund transfer from the general fund at the end of 50.10that second fiscal year. However, if a district contracts with a food service management 50.11company during the period in which the deficit has accrued, the deficit must be eliminated 50.12by a payment from the food service management company. 50.13(g) Notwithstanding paragraph (f), a district may incur a deficit in the food service 50.14fund for up to three years without making the permanent transfer if the district submits 50.15to the commissioner by January 1 of the second fiscal year a plan for eliminating that 50.16deficit at the end of the third fiscal year. 50.17(h) If a surplus in the food service fund exists at the end of a fiscal year for three 50.18successive years, a district may recode for that fiscal year the costs of lunchroom 50.19supervision, lunchroom custodial services, lunchroom utilities, and other administrative 50.20costs of the food service program charged to the general fund according to paragraph (c) 50.21and charge those costs to the food service fund in a total amount not to exceed the amount 50.22of surplus in the food service fund. 50.23    Sec. 2. new text begin [124D.1191] DONATIONS TO FOOD SHELF PROGRAMS. new text end 50.24 new text begin Schools and community organizations participating in any federal child nutrition new text end 50.25 new text begin meal program may donate unused food to food shelf programs, provided that the food shelf: new text end 50.26 new text begin (1) is a nonprofit corporation or is affiliated with a nonprofit corporation, as defined new text end 50.27 new text begin in section 501(c)(3) of the Internal Revenue Code of 1986; new text end 50.28 new text begin (2) distributes food without charge to needy individuals; new text end 50.29 new text begin (3) does not limit food distributions to individuals of a particular religious affiliation, new text end 50.30 new text begin race, or other criteria unrelated to need; and new text end 50.31 new text begin (4) has a stable address and directly serves individuals. new text end 51.1ARTICLE 5 51.2EARLY CHILDHOOD EDUCATION, SELF-SUFFICIENCY, AND 51.3LIFELONG LEARNING 51.4    Section 1. Minnesota Statutes 2012, section 123A.06, subdivision 2, is amended to read: 51.5    Subd. 2. People to be served. A state-approved alternative program shall provide 51.6programs for secondary pupils and adults. A center may also provide programs and 51.7services for elementary and secondary pupils who are not attending the state-approved 51.8alternative program to assist them in being successful in school. A center shall use 51.9research-based best practices for serving English learners and their parents. An 51.10individualized education program team may identify a state-approved alternative program 51.11as an appropriate placement to the extent a state-approved alternative program can provide 51.12the student with the appropriate special education services described in the student's plan. 51.13Pupils eligible to be served are those who qualify under the graduation incentives program 51.14in section 124D.68, subdivision 2, those enrolled under section 124D.02, subdivision 51.152, or those pupils who are eligible to receive special education services under sections 51.16125A.03 to 125A.24, and 125A.65. 51.17    Sec. 2. Minnesota Statutes 2013 Supplement, section 124D.165, subdivision 2, is 51.18amended to read: 51.19    Subd. 2. Family eligibility. (a) For a family to receive an early childhood education 51.20 new text begin learning new text end scholarship, parents or guardians must meet the following eligibility requirements: 51.21(1) have a child three or four years of age on September 1 of the current new text begin school new text end year, 51.22who has not yet started kindergarten; and 51.23(2) have income equal to or less than 185 percent of federal poverty level income 51.24in the current calendar year, or be able to document their child's current participation in 51.25the free and reduced-price lunch program or child and adult care food program, National 51.26School Lunch Act, United States Code, title 42, sections 1751 and 1766; new text begin the Food new text end 51.27 new text begin Distribution Program on Indian Reservations, Food and Nutrition Act, United States new text end 51.28 new text begin Code, title 7, sections 2011-2036; new text end Head Start under the federal Improving Head Start for 51.29School Readiness Act of 2007; Minnesota family investment program under chapter 256J; 51.30child care assistance programs under chapter 119B; the supplemental nutrition assistance 51.31program; or placement in foster care under section 260C.212. 51.32(b) Notwithstanding the other provisions of this section, a parent under age 21 who 51.33is pursuing a high school or general education equivalency diploma is eligible for an early 52.1learning scholarship if the parent has a child age zero to five years old and meets the 52.2income eligibility guidelines in this subdivision. 52.3(c) Any siblings between the ages zero to five years old of a child who has been 52.4awarded a scholarship under this section must be awarded a scholarship upon request, 52.5provided the sibling attends the same program new text begin as long as funds are available new text end . 52.6(d) A child who has received a scholarship under this section must continue to 52.7receive a scholarship each year until that child is eligible for kindergarten under section 52.8120A.20 new text begin and as long as funds are available new text end . 52.9(e) Early learning scholarships may not be counted as earned income for the 52.10purposes of medical assistance under chapter 256B, MinnesotaCare under chapter 256L, 52.11Minnesota family investment program under chapter 256J, child care assistance programs 52.12under chapter 119B, or Head Start under the federal Improving Head Start for School 52.13Readiness Act of 2007. 52.14    Sec. 3. Minnesota Statutes 2013 Supplement, section 124D.165, subdivision 4, is 52.15amended to read: 52.16    Subd. 4. Early childhood program eligibility. (a) In order to be eligible to accept 52.17an early childhood education new text begin learning new text end scholarship, a program must: 52.18(1) participate in the quality rating and improvement system under section 52.19124D.142 ; and 52.20(2) beginning July 1, 2016, have a three- or four-star rating in the quality rating 52.21and improvement system. 52.22(b) Any program accepting scholarships must use the revenue to supplement and not 52.23supplant federal funding. 52.24    Sec. 4. Minnesota Statutes 2013 Supplement, section 124D.165, subdivision 5, is 52.25amended to read: 52.26    Subd. 5. Report required. The commissioner shall contract with an independent 52.27contractor to evaluate the early learning scholarship program. The evaluation must 52.28include recommendations regarding the appropriate scholarship amount, efficiency, and 52.29effectiveness of the administration, and impact on kindergarten readiness new text begin and student new text end 52.30 new text begin outcomes by program setting, including Head Start programs, school-based prekindergarten new text end 52.31 new text begin and preschool programs, and other early education and child care programs. The report new text end 52.32 new text begin must also include the number of scholarship recipients in school-based, home-based, new text end 52.33 new text begin and center-based programs as well as a geographic summary of scholarship recipients new text end 52.34 new text begin by county. By January 15, 2016, the commissioner shall submit a written copy of the new text end 53.1 new text begin evaluation to the chairs and ranking minority members of the legislative committees and new text end 53.2 new text begin divisions with primary jurisdiction over kindergarten through grade 12 education new text end . 53.3ARTICLE 6 53.4LIBRARIES 53.5    Section 1. Minnesota Statutes 2012, section 134.355, subdivision 8, is amended to read: 53.6    Subd. 8. Eligibility. A regional public library system may apply for regional library 53.7telecommunications aid. The aid must be used for data and video access maintenance, 53.8equipment, or installation of telecommunication lines. To be eligible, a regional public 53.9library system must be officially designated by the commissioner of education as a 53.10regional public library system as defined in section 134.34, subdivision 3, and each of its 53.11participating cities and counties must meet local support levels defined in section 134.34, 53.12subdivision 1 . A public library building that receives aid under this section must be open a 53.13minimum of 20 hours per week. new text begin Exceptions to the minimum open hours requirement may new text end 53.14 new text begin be granted by the Department of Education on request of the regional public library system new text end 53.15 new text begin for the following circumstances: short-term closing for emergency maintenance and new text end 53.16 new text begin repairs following a natural disaster; in response to exceptional economic circumstances; new text end 53.17 new text begin building repair or maintenance that requires public services areas to be closed; or to adjust new text end 53.18 new text begin hours of public service to respond to documented seasonal use patterns. new text end 53.19ARTICLE 7 53.20ENGLISH LEARNERS 53.21    Section 1. Minnesota Statutes 2012, section 119A.50, subdivision 3, is amended to read: 53.22    Subd. 3. Early childhood literacy programs. (a) A research-based early childhood 53.23literacy program premised on actively involved parents, ongoing professional staff 53.24development, and high quality early literacy program standards is established to increase 53.25the literacy skills of children participating in Head Start to prepare them to be successful 53.26readers and to increase families' participation in providing early literacy experiences to 53.27their children. Program providers must: 53.28    (1) work to prepare children to be successful learners; 53.29    (2) work to close the achievement gap for at-risk children; 53.30    (3) use an new text begin a culturally relevant new text end integrated approach to early literacy that daily offers 53.31a literacy-rich classroom learning environment composed of books, writing materials, 53.32writing centers, labels, rhyming, and other related literacy materials and opportunities; 54.1    (4) support children's home language while helping the children master English and 54.2use multiple literacy strategies to provide a cultural bridge between home and school; 54.3    (5) use literacy mentors, ongoing literacy groups, and other teachers and staff to 54.4provide appropriate, extensive professional development opportunities in early literacy 54.5and classroom strategies for preschool teachers and other preschool staff; 54.6    (6) use ongoing data-based assessments that enable preschool teachers to understand, 54.7plan, and implement literacy strategies, activities, and curriculum that meet children's 54.8literacy needs and continuously improve children's literacy; and 54.9    (7) foster participation by parents, community stakeholders, literacy advisors, and 54.10evaluation specialists new text begin ; and new text end 54.11     new text begin (8) provide parents of English learners with oral and written information to monitor new text end 54.12 new text begin the program's impact on their children's English language development, to know whether new text end 54.13 new text begin their children are progressing in developing their English proficiency and, where new text end 54.14 new text begin practicable, their native language proficiency, and to actively engage with their children in new text end 54.15 new text begin developing their English and native language proficiency new text end . 54.16Program providers are encouraged to collaborate with qualified, community-based 54.17early childhood providers in implementing this program and to seek nonstate funds to 54.18supplement the program. 54.19    (b) Program providers under paragraph (a) interested in extending literacy programs 54.20to children in kindergarten through grade 3 may elect to form a partnership with an 54.21eligible organization under section 124D.38, subdivision 2, or 124D.42, subdivision 6, 54.22clause (3), schools enrolling children in kindergarten through grade 3, and other interested 54.23and qualified community-based entities to provide ongoing literacy programs that offer 54.24seamless literacy instruction focused on closing the literacy achievement gap. To close the 54.25literacy achievement gap by the end of third grade, partnership members must agree to use 54.26best efforts and practices and to work collaboratively to implement a seamless literacy 54.27model from age three to grade 3, consistent with paragraph (a). Literacy programs under 54.28this paragraph must collect and use literacy data to: 54.29    (1) evaluate children's literacy skills; and 54.30    (2) new text begin monitor the progress and provide reading instruction appropriate to the specific new text end 54.31 new text begin needs of English learners; and new text end 54.32     new text begin (3) new text end formulate specific intervention strategies to provide reading instruction to 54.33children premised on the outcomes of formative and summative assessments and 54.34research-based indicators of literacy development. 54.35    The literacy programs under this paragraph also must train teachers and other 54.36providers working with children to use the assessment outcomes under clause (2) to 55.1develop and use effective, long-term literacy coaching models that are specific to the 55.2program providers. 55.3    Sec. 2. Minnesota Statutes 2013 Supplement, section 120B.11, is amended to read: 55.4120B.11 SCHOOL DISTRICT PROCESS FOR REVIEWING CURRICULUM, 55.5INSTRUCTION, AND STUDENT ACHIEVEMENT; STRIVING FOR THE 55.6WORLD'S BEST WORKFORCE. 55.7    Subdivision 1. Definitions. For the purposes of this section and section 120B.10, 55.8the following terms have the meanings given them. 55.9    (a) "Instruction" means methods of providing learning experiences that enable a 55.10student new text begin students new text end to meet state and district academic standards and graduation requirements new text begin , new text end 55.11 new text begin including providing English learners with appropriate, full, effective, and meaningful new text end 55.12 new text begin access to regular classroom instruction in core curriculum new text end . 55.13    (b) "Curriculum" means district or school adopted programs and written plans for 55.14providing students with learning experiences that lead to expected knowledge and skills 55.15and career and college readiness. 55.16    (c) "World's best workforce" means striving to: meet school readiness goals; have 55.17all third grade students achieve grade-level literacy; close the academic achievement gap 55.18among all racial and ethnic groups of students and between students living in poverty and 55.19students not living in poverty; new text begin ensure all English learners have the appropriate English new text end 55.20 new text begin learner instruction and content area support to achieve academic language proficiency, new text end 55.21 new text begin including oral academic language proficiency, in English and are taught the same state new text end 55.22 new text begin and local academic standards as native English-speaking students; new text end have all students attain 55.23career and college readiness before graduating from high school; and have all students 55.24graduate from high school. 55.25     new text begin (d) "Cultural competence," "cultural competency," or "culturally competent" new text end 55.26 new text begin means the ability and will to interact effectively with people of different cultures, native new text end 55.27 new text begin languages, and socioeconomic backgrounds. new text end 55.28    Subd. 1a. Performance measures. new text begin (a) new text end Measures to determine school district and 55.29school site progress in striving to create the world's best workforce must include at least: 55.30(1) student performance on the National Association new text begin Assessment new text end of Education 55.31Progress; 55.32(2) the size of the academic achievement gap new text begin and rigorous course taking and new text end 55.33 new text begin enrichment experiences new text end by student subgroup; 55.34(3) student performance on the Minnesota Comprehensive Assessments; 55.35(4) high school graduation rates; and 56.1(5) career and college readiness under section 120B.30, subdivision 1 new text begin ; and new text end 56.2 new text begin (6) the English language development and academic progress, including the oral new text end 56.3 new text begin academic development, of English learners and their native language development if the new text end 56.4 new text begin native language is used as a language of instruction new text end . 56.5 new text begin (b) When administering formative or summative assessments used to measure new text end 56.6 new text begin the academic progress, including the oral academic development, of English learners new text end 56.7 new text begin and inform their instruction, schools must ensure that the assessments are accessible to new text end 56.8 new text begin the students and students have the modifications and supports they need to sufficiently new text end 56.9 new text begin understand the assessments. new text end 56.10    Subd. 2. Adopting plans and budgets. A school board, at a public meeting, shall 56.11adopt a comprehensive, long-term strategic plan to support and improve teaching and 56.12learning that is aligned with creating the world's best workforce and includes: 56.13    (1) clearly defined district and school site goals and benchmarks for instruction and 56.14student achievement for all student subgroups identified in section 120B.35, subdivision 3, 56.15paragraph (b), clause (2); 56.16    (2) a process for assessing and evaluating each student's progress toward meeting state 56.17and local academic standards and identifying the strengths and weaknesses of instruction 56.18in pursuit of student and school success and curriculum affecting students' progress and 56.19growth toward career and college readiness and leading to the world's best workforce; 56.20    (3) a system to periodically review and evaluate the effectiveness of all instruction 56.21and curriculum, taking into account strategies and best practices, student outcomes, school 56.22principal evaluations under section 123B.147, subdivision 3, and teacher evaluations 56.23under section 122A.40, subdivision 8, or 122A.41, subdivision 5; 56.24    (4) strategies for improving instruction, curriculum, and student achievement new text begin , new text end 56.25 new text begin including the English and, where practicable, the native language development and the new text end 56.26 new text begin academic achievement of English learners new text end ; 56.27    (5) education effectiveness practices that integrate high-quality instruction, rigorous 56.28curriculum, technology, and a collaborative professional culture that develops and 56.29supports teacher quality, performance, and effectiveness; and 56.30    (6) an annual budget for continuing to implement the district plan. 56.31    Subd. 3. District advisory committee. Each school board shall establish an 56.32advisory committee to ensure active community participation in all phases of planning and 56.33improving the instruction and curriculum affecting state and district academic standards, 56.34consistent with subdivision 2. A district advisory committee, to the extent possible, 56.35shall reflect the diversity of the district and its school sites, and shall include teachers, 56.36parents, support staff, students, and other community residents new text begin , and provide translation new text end 57.1 new text begin to the extent appropriate and practicable new text end . new text begin The district advisory committee shall pursue new text end 57.2 new text begin community support to accelerate the academic and native literacy and achievement of new text end 57.3 new text begin English learners with varied needs, from young children to adults, consistent with section new text end 57.4 new text begin 124D.59, subdivisions 2 and 2a. new text end The district may establish site teams as subcommittees 57.5of the district advisory committee under subdivision 4. The district advisory committee 57.6shall recommend to the school board rigorous academic standards, student achievement 57.7goals and measures consistent with subdivision 1a and sections 120B.022, subdivision 57.81 , paragraphs (b) and (c), and 120B.35, district assessments, and program evaluations. 57.9School sites may expand upon district evaluations of instruction, curriculum, assessments, 57.10or programs. Whenever possible, parents and other community residents shall comprise at 57.11least two-thirds of advisory committee members. 57.12    Subd. 4. Site team. A school may establish a site team to develop and implement 57.13strategies and education effectiveness practices to improve instruction, curriculum, 57.14 new text begin cultural competencies, including cultural awareness and cross-cultural communication, new text end 57.15and student achievement at the school site, consistent with subdivision 2. The team advises 57.16the board and the advisory committee about developing the annual budget and revising an 57.17instruction and curriculum improvement plan that aligns curriculum, assessment of student 57.18progress, and growth in meeting state and district academic standards and instruction. 57.19    Subd. 5. Report. Consistent with requirements for school performance reports 57.20under section 120B.36, subdivision 1, the school board shall publish a report in the local 57.21newspaper with the largest circulation in the district, by mail, or by electronic means on 57.22the district Web site. The school board shall hold an annual public meeting to review, 57.23and revise where appropriate, student achievement goals, local assessment outcomes, 57.24plans, strategies, and practices for improving curriculum and instruction new text begin and cultural new text end 57.25 new text begin responsiveness, including cultural awareness and cross-cultural communication new text end , and to 57.26review district success in realizing the previously adopted student achievement goals and 57.27related benchmarks and the improvement plans leading to the world's best workforce. The 57.28school board must transmit an electronic summary of its report to the commissioner in the 57.29form and manner the commissioner determines. 57.30    Subd. 7. Periodic report. Each school district shall periodically survey affected 57.31constituencies new text begin , in their native languages where appropriate, new text end about their connection to and 57.32level of satisfaction with school. The district shall include the results of this evaluation in 57.33the summary report required under subdivision 5. 57.34    Subd. 9. Annual evaluation. (a) The commissioner must identify effective 57.35strategies, practices, and use of resources by districts and school sites in striving for the 58.1world's best workforce. The commissioner must assist districts and sites throughout the 58.2state in implementing these effective strategies, practices, and use of resources. 58.3(b) The commissioner must identify those districts in any consecutive three-year 58.4period not making sufficient progress toward improving teaching and learning new text begin for all new text end 58.5 new text begin students, including English learners with varied needs, consistent with section 124D.59, new text end 58.6 new text begin subdivisions 2 and 2a, new text end and striving for the world's best workforce. The commissioner, in 58.7collaboration with the identified district, may require the district to use up to two percent 58.8of its basic general education revenue per fiscal year during the proximate three school 58.9years to implement commissioner-specified strategies and practices, consistent with 58.10paragraph (a), to improve and accelerate its progress in realizing its goals under this 58.11section. In implementing this section, the commissioner must consider districts' budget 58.12constraints and legal obligations. 58.13    Sec. 3. Minnesota Statutes 2013 Supplement, section 120B.115, is amended to read: 58.14120B.115 REGIONAL CENTERS OF EXCELLENCE. 58.15(a) Regional centers of excellence are established to assist and support school 58.16boards, school districts, school sites, and charter schools in implementing research-based 58.17interventions and practices to increase the students' achievement within a region. 58.18The centers must develop partnerships with local and regional service cooperatives, 58.19postsecondary institutions, integrated school districts, the department, children's mental 58.20health providers, or other local or regional entities interested in providing a cohesive 58.21and consistent regional delivery system that serves all schools equitably. Centers must 58.22assist school districts, school sites, and charter schools in developing similar partnerships. 58.23Center support may include assisting school districts, school sites, and charter schools 58.24with common principles of effective practice, including: 58.25(1) defining measurable education goals under section 120B.11, subdivision 2; 58.26(2) implementing evidence-based practices; 58.27(3) engaging in data-driven decision-making; 58.28(4) providing multilayered levels of support; 58.29(5) supporting culturally responsive teaching and learning aligning new text begin the development new text end 58.30 new text begin of academic English proficiency, new text end state and local academic standards new text begin , new text end and career and 58.31college readiness benchmarks; and 58.32(6) engaging parents, families, youth, and local community members in programs 58.33and activities at the school district, school site, or charter school new text begin that foster collaboration new text end 58.34 new text begin and shared accountability for the achievement of all students; and new text end 59.1 new text begin (7) translating district forms and other information such as a multilingual glossary of new text end 59.2 new text begin commonly used education terms and phrases new text end . 59.3Centers must work with school site leadership teams to build capacity new text begin the expertise and new text end 59.4 new text begin experience new text end to implement programs that close the achievement gap, new text begin provide effective and new text end 59.5 new text begin differentiated programs and instruction for different types of English learners, including new text end 59.6 new text begin English learners with limited or interrupted formal schooling and long-term English new text end 59.7 new text begin learners under section 124D.59, subdivisions 2 and 2a, new text end increase students' progress and 59.8growth toward career and college readiness, and increase student graduation rates. 59.9(b) The department must assist the regional centers of excellence to meet staff, 59.10facilities, and technical needs, provide the centers with programmatic support, and work 59.11with the centers to establish a coherent statewide system of regional support, including 59.12consulting, training, and technical support, to help school boards, school districts, school 59.13sites, and charter schools effectively and efficiently implement the world's best workforce 59.14goals under section 120B.11 and other state and federal education initiatives. 59.15    Sec. 4. Minnesota Statutes 2012, section 120B.12, is amended to read: 59.16120B.12 READING PROFICIENTLY NO LATER THAN THE END OF 59.17GRADE 3. 59.18    Subdivision 1. Literacy goal. The legislature seeks to have every child reading at or 59.19above grade level no later than the end of grade 3 new text begin , including English learners, new text end and that 59.20teachers provide comprehensive, scientifically based reading instruction consistent with 59.21section 122A.06, subdivision 4. 59.22    Subd. 2. Identification; report. For the 2011-2012 school year and later, each 59.23school district shall identify before the end of kindergarten, grade 1, and grade 2 students 59.24who are not reading at grade level before the end of the current school year. Reading 59.25assessments new text begin in English, and in the predominant languages of district students where new text end 59.26 new text begin practicable, new text end must identify and evaluate students' areas of academic need related to literacy. 59.27 new text begin The district also must monitor the progress and provide reading instruction appropriate new text end 59.28 new text begin to the specific needs of English learners. new text end The district must use a locally adopted new text begin , new text end 59.29 new text begin developmentally appropriate, and culturally responsive new text end assessment and annually report 59.30summary assessment results to the commissioner by July 1. 59.31    Subd. 2a. Parent notification and involvement. Schools, at least annually, 59.32must give the parent of each student who is not reading at or above grade level timely 59.33information about: 59.34(1) student's reading proficiency as measured by a locally adopted assessment; 59.35(2) reading-related services currently being provided to the student; and 60.1(3) strategies for parents to use new text begin at home new text end in helping their student succeed in becoming 60.2grade-level proficient in reading new text begin in English and in their native language new text end . 60.3    Subd. 3. Intervention. For each student identified under subdivision 2, the district 60.4shall provide reading intervention to accelerate student growth in order to new text begin and new text end reach the 60.5goal of reading at or above grade level by the end of the current grade and school year. 60.6District intervention methods shall encourage parental involvement new text begin family engagement new text end 60.7 and, where possible, collaboration with appropriate school and community programs. 60.8Intervention methods may include, but are not limited to, requiring attendance in summer 60.9school, intensified reading instruction that may require that the student be removed from 60.10the regular classroom for part of the school day or new text begin , new text end extended-day programs new text begin , or programs new text end 60.11 new text begin that strengthen students' cultural connections new text end . 60.12    Subd. 4. Staff development. Each district shall use the data under subdivision 2 to 60.13identify the staff development needs so that: 60.14(1) elementary teachers are able to implement comprehensive, scientifically based 60.15reading new text begin and oral language new text end instruction in the five reading areas of phonemic awareness, 60.16phonics, fluency, vocabulary, and comprehension as defined in section 122A.06, 60.17subdivision 4 , new text begin and other literacy-related areas including writing new text end until the student achieves 60.18grade-level reading proficiency; 60.19(2) elementary teachers have sufficient training to provide comprehensive, 60.20scientifically based reading new text begin and oral language new text end instruction new text begin that meets students' new text end 60.21 new text begin developmental, linguistic, and literacy needs new text end using the intervention methods or programs 60.22selected by the district for the identified students; 60.23(3) licensed teachers employed by the district have regular opportunities to improve 60.24reading new text begin and writing new text end instruction; and 60.25(4) licensed teachers recognize students' diverse needs in cross-cultural settings 60.26and are able to serve the oral language and linguistic needs of students who are English 60.27learners new text begin by maximizing strengths in their native languages in order to cultivate students' new text end 60.28 new text begin English language development, including oral academic language development, and new text end 60.29 new text begin build academic literacy; and new text end 60.30 new text begin (5) licensed teachers are well trained in culturally responsive pedagogy that enables new text end 60.31 new text begin students to master content, develop skills to access content, and build relationships new text end . 60.32    Subd. 4a. Local literacy plan. Consistent with this section, a school district must 60.33adopt a local literacy plan to have every child reading at or above grade level no later than 60.34the end of grade 3 new text begin , including English learners new text end . The plan must include a process to assess 60.35students' level of reading proficiency, notify and involve parents, intervene with students 61.1who are not reading at or above grade level, and identify and meet staff development 61.2needs. The district must post its literacy plan on the official school district Web site. 61.3    Subd. 5. Commissioner. The commissioner shall recommend to districts multiple 61.4assessment tools to assist districts and teachers with identifying students under subdivision 61.52. The commissioner shall also make available examples of nationally recognized and 61.6research-based instructional methods or programs to districts to provide comprehensive, 61.7scientifically based reading instruction and intervention under this section. 61.8    Sec. 5. Minnesota Statutes 2013 Supplement, section 120B.125, is amended to read: 61.9120B.125 PLANNING FOR STUDENTS' SUCCESSFUL TRANSITION 61.10TO POSTSECONDARY EDUCATION AND EMPLOYMENT; INVOLUNTARY 61.11CAREER TRACKING PROHIBITED. 61.12(a) Consistent with sections 120B.128, 120B.13, 120B.131, 120B.132, 120B.14, 61.13120B.15 , 120B.30, subdivision 1, paragraph (c), 125A.08, and other related sections, 61.14school districts, beginning in the 2013-2014 school year, must assist all students by no 61.15later than grade 9 to explore their college and career interests and aspirations and develop 61.16a plan for a smooth and successful transition to postsecondary education or employment. 61.17All students' plans must be designed to: 61.18(1) provide a comprehensive academic plan for completing a college and 61.19career-ready curriculum premised on meeting state and local academic standards 61.20and developing 21st century skills such as team work, collaboration, new text begin creativity, new text end 61.21 new text begin communication, critical thinking, new text end and good work habits; 61.22(2) emphasize academic rigor and high expectations; 61.23(3) help students identify personal learning styles that may affect their postsecondary 61.24education and employment choices; 61.25(4) help students gain access to postsecondary education and career options; 61.26(5) integrate strong academic content into career-focused courses and integrate 61.27relevant career-focused courses into strong academic content; 61.28(6) help students and families identify and gain access to appropriate counseling 61.29and other supports and assistance that enable students to complete required coursework, 61.30prepare for postsecondary education and careers, and obtain information about 61.31postsecondary education costs and eligibility for financial aid and scholarship; 61.32(7) help students and families identify collaborative partnerships of kindergarten 61.33 new text begin prekindergarten new text end through grade 12 schools, postsecondary institutions, economic 61.34development agencies, and employers that support students' transition to postsecondary 62.1education and employment and provide students with experiential learning opportunities; 62.2and 62.3(8) be reviewed and revised at least annually by the student, the student's parent or 62.4guardian, and the school or district to ensure that the student's course-taking schedule 62.5keeps the student making adequate progress to meet state and local high school graduation 62.6requirements and with a reasonable chance to succeed with employment or postsecondary 62.7education without the need to first complete remedial course work. 62.8(b) A school district may develop grade-level curricula or provide instruction that 62.9introduces students to various careers, but must not require any curriculum, instruction, 62.10or employment-related activity that obligates an elementary or secondary student to 62.11involuntarily select a career, career interest, employment goals, or related job training. 62.12 new text begin (c) Educators must possess the knowledge and skills to effectively teach all English new text end 62.13 new text begin learners in their classrooms. School districts must provide appropriate curriculum, new text end 62.14 new text begin targeted materials, professional development opportunities for educators, and sufficient new text end 62.15 new text begin resources to enable English learners to become career- and college-ready. new text end 62.16    Sec. 6. Minnesota Statutes 2013 Supplement, section 120B.35, subdivision 3, is 62.17amended to read: 62.18    Subd. 3. State growth target; other state measures. (a) The state's educational 62.19assessment system measuring individual students' educational growth is based on 62.20indicators of achievement growth that show an individual student's prior achievement. 62.21Indicators of achievement and prior achievement must be based on highly reliable 62.22statewide or districtwide assessments. 62.23(b) The commissioner, in consultation with a stakeholder group that includes 62.24assessment and evaluation directors and new text begin , district new text end staff new text begin , experts in culturally responsive new text end 62.25 new text begin teaching, new text end and researchers new text begin , new text end must implement a model that uses a value-added growth 62.26indicator and includes criteria for identifying schools and school districts that demonstrate 62.27medium and high growth under section 120B.299, subdivisions 8 and 9, and may 62.28recommend other value-added measures under section 120B.299, subdivision 3. The model 62.29may be used to advance educators' professional development and replicate programs that 62.30succeed in meeting students' diverse learning needs. Data on individual teachers generated 62.31under the model are personnel data under section 13.43. The model must allow users to: 62.32(1) report student growth consistent with this paragraph; and 62.33(2) for all student categories, report and compare aggregated and disaggregated state 62.34growth data using the nine student categories identified under the federal 2001 No Child 63.1Left Behind Act and two student gender categories of male and female, respectively, 63.2following appropriate reporting practices to protect nonpublic student data. 63.3The commissioner must report measures of student growth, consistent with this 63.4paragraph. 63.5(c) When reporting student performance under section 120B.36, subdivision 1, the 63.6commissioner annually, beginning July 1, 2011, must report two core measures indicating 63.7the extent to which current high school graduates are being prepared for postsecondary 63.8academic and career opportunities: 63.9(1) a preparation measure indicating the number and percentage of high school 63.10graduates in the most recent school year who completed course work important to 63.11preparing them for postsecondary academic and career opportunities, consistent with 63.12the core academic subjects required for admission to Minnesota's public colleges and 63.13universities as determined by the Office of Higher Education under chapter 136A; and 63.14(2) a rigorous coursework measure indicating the number and percentage of high 63.15school graduates in the most recent school year who successfully completed one or more 63.16college-level advanced placement, international baccalaureate, postsecondary enrollment 63.17options including concurrent enrollment, other rigorous courses of study under section 63.18120B.021, subdivision 1a , or industry certification courses or programs. 63.19When reporting the core measures under clauses (1) and (2), the commissioner must also 63.20analyze and report separate categories of information using the nine student categories 63.21identified under the federal 2001 No Child Left Behind Act and two student gender 63.22categories of male and female, respectively, following appropriate reporting practices to 63.23protect nonpublic student data. 63.24(d) When reporting student performance under section 120B.36, subdivision 1, the 63.25commissioner annually, beginning July 1, 2014, must report summary data on school 63.26safety and students' engagement and connection at school. The summary data under this 63.27paragraph are separate from and must not be used for any purpose related to measuring 63.28or evaluating the performance of classroom teachers. The commissioner, in consultation 63.29with qualified experts on student engagement and connection and classroom teachers, 63.30must identify highly reliable variables that generate summary data under this paragraph. 63.31The summary data may be used at school, district, and state levels only. Any data on 63.32individuals received, collected, or created that are used to generate the summary data 63.33under this paragraph are nonpublic data under section 13.02, subdivision 9. 63.34(e) For purposes of statewide educational accountability, the commissioner must 63.35identify and report measures that demonstrate the success of learning year program 63.36providers under sections 123A.05 and 124D.68, among other such providers, in improving 64.1students' graduation outcomes. The commissioner, beginning July 1, 2015, must annually 64.2report summary data on: 64.3(1) the four- and six-year graduation rates of students under this paragraph; 64.4(2) the percent of students under this paragraph whose progress and performance 64.5levels are meeting career and college readiness benchmarks under section 120B.30, 64.6subdivision 1; and 64.7(3) the success that learning year program providers experience in: 64.8(i) identifying at-risk and off-track student populations by grade; 64.9(ii) providing successful prevention and intervention strategies for at-risk students; 64.10(iii) providing successful recuperative and recovery or reenrollment strategies for 64.11off-track students; and 64.12(iv) improving the graduation outcomes of at-risk and off-track students. 64.13The commissioner may include in the annual report summary data on other education 64.14providers serving a majority of students eligible to participate in a learning year program. 64.15 new text begin (f) The commissioner, in consultation with recognized experts with knowledge and new text end 64.16 new text begin experience in assessing the language proficiency and academic performance of English new text end 64.17 new text begin learners, must identify and report appropriate and effective measures to improve current new text end 64.18 new text begin categories of language difficulty and assessments, and monitor and report data on students' new text end 64.19 new text begin English proficiency levels, program placement, and academic language development, new text end 64.20 new text begin including oral academic language. new text end 64.21    Sec. 7. Minnesota Statutes 2013 Supplement, section 120B.36, subdivision 1, is 64.22amended to read: 64.23    Subdivision 1. School performance reports. (a) The commissioner shall report 64.24student academic performance under section 120B.35, subdivision 2; the percentages of 64.25students showing low, medium, and high growth under section 120B.35, subdivision 64.263 , paragraph (b); school safety and student engagement and connection under section 64.27120B.35 , subdivision 3, paragraph (d); rigorous coursework under section 120B.35, 64.28subdivision 3 , paragraph (c); the percentage of students under section 120B.35, 64.29subdivision 3 , paragraph (b), clause (2), whose progress and performance levels are 64.30meeting career and college readiness benchmarks under sections 120B.30, subdivision 1, 64.31and 120B.35, subdivision 3, paragraph (e); longitudinal data on the progress of eligible 64.32districts in reducing disparities in students' academic achievement and realizing racial and 64.33economic integration under section 124D.861; new text begin the acquisition of English, and where new text end 64.34 new text begin practicable, native language academic literacy, including oral academic language, and new text end 64.35 new text begin the academic progress of English learners under section 124D.59, subdivisions 2 and new text end 65.1 new text begin 2a; new text end two separate student-to-teacher ratios that clearly indicate the definition of teacher 65.2consistent with sections 122A.06 and 122A.15 for purposes of determining these ratios; 65.3staff characteristics excluding salaries; student enrollment demographics; district mobility; 65.4and extracurricular activities. The report also must indicate a school's adequate yearly 65.5progress status under applicable federal law, and must not set any designations applicable 65.6to high- and low-performing schools due solely to adequate yearly progress status. 65.7    (b) The commissioner shall develop, annually update, and post on the department 65.8Web site school performance reports. 65.9    (c) The commissioner must make available performance reports by the beginning 65.10of each school year. 65.11    (d) A school or district may appeal its adequate yearly progress status in writing to 65.12the commissioner within 30 days of receiving the notice of its status. The commissioner's 65.13decision to uphold or deny an appeal is final. 65.14    (e) School performance data are nonpublic data under section 13.02, subdivision 9, 65.15until the commissioner publicly releases the data. The commissioner shall annually post 65.16school performance reports to the department's public Web site no later than September 1, 65.17except that in years when the reports reflect new performance standards, the commissioner 65.18shall post the school performance reports no later than October 1. 65.19    Sec. 8. Minnesota Statutes 2012, section 122A.06, subdivision 4, is amended to read: 65.20    Subd. 4. Comprehensive, scientifically based reading instruction. (a) 65.21"Comprehensive, scientifically based reading instruction" includes a program or collection 65.22of instructional practices that is based on valid, replicable evidence showing that when 65.23these programs or practices are used, students can be expected to achieve, at a minimum, 65.24satisfactory reading progress. The program or collection of practices must include, at a 65.25minimum, effective, balanced instruction in all five areas of reading: phonemic awareness, 65.26phonics, fluency, vocabulary development, and reading comprehension. 65.27Comprehensive, scientifically based reading instruction also includes and integrates 65.28instructional strategies for continuously assessing, evaluating, and communicating 65.29the student's reading progress and needs in order to design and implement ongoing 65.30interventions so that students of all ages and proficiency levels can read and comprehend 65.31text new text begin , write, new text end and apply higher level thinking skills. new text begin For English learners developing literacy new text end 65.32 new text begin skills, districts are encouraged to use strategies that teach reading and writing in the new text end 65.33 new text begin students' native language and English at the same time. new text end 65.34    (b) "Fluency" is the ability of students to read text with speed, accuracy, and proper 65.35expression. 66.1    (c) "Phonemic awareness" is the ability of students to notice, think about, and 66.2manipulate individual sounds in spoken syllables and words. 66.3    (d) "Phonics" is the understanding that there are systematic and predictable 66.4relationships between written letters and spoken words. Phonics instruction is a way 66.5of teaching reading that stresses learning how letters correspond to sounds and how to 66.6apply this knowledge in reading and spelling. 66.7    (e) "Reading comprehension" is an active process that requires intentional thinking 66.8during which meaning is constructed through interactions between text and reader. 66.9Comprehension skills are taught explicitly by demonstrating, explaining, modeling, and 66.10implementing specific cognitive strategies to help beginning readers derive meaning 66.11through intentional, problem-solving thinking processes. 66.12    (f) "Vocabulary development" is the process of teaching vocabulary both directly 66.13and indirectly, with repetition and multiple exposures to vocabulary items. Learning in 66.14rich contexts, incidental learning, and use of computer technology enhance the acquiring 66.15of vocabulary. 66.16(g) Nothing in this subdivision limits the authority of a school district to select a 66.17school's reading program or curriculum. 66.18    Sec. 9. Minnesota Statutes 2013 Supplement, section 122A.09, subdivision 4, is 66.19amended to read: 66.20    Subd. 4. License and rules. (a) The board must adopt rules to license public school 66.21teachers and interns subject to chapter 14. 66.22(b) The board must adopt rules requiring a person to pass a skills examination in 66.23reading, writing, and mathematics as a requirement for initial teacher licensure, except 66.24that the board may issue up to two additional temporary, one-year teaching licenses to an 66.25otherwise qualified candidate who has not yet passed the skills exam. Such rules must 66.26require college and universities offering a board-approved teacher preparation program to 66.27provide remedial assistance to persons who did not achieve a qualifying score on the skills 66.28examination, including those for whom English is a second language. 66.29(c) The board must adopt rules to approve teacher preparation programs. The board, 66.30upon the request of a postsecondary student preparing for teacher licensure or a licensed 66.31graduate of a teacher preparation program, shall assist in resolving a dispute between the 66.32person and a postsecondary institution providing a teacher preparation program when the 66.33dispute involves an institution's recommendation for licensure affecting the person or the 66.34person's credentials. At the board's discretion, assistance may include the application 66.35of chapter 14. 67.1(d) The board must provide the leadership and adopt rules for the redesign of teacher 67.2education programs to implement a research based, results-oriented curriculum that 67.3focuses on the skills teachers need in order to be effective. The board shall implement new 67.4systems of teacher preparation program evaluation to assure program effectiveness based 67.5on proficiency of graduates in demonstrating attainment of program outcomes. Teacher 67.6preparation programs including alternative teacher preparation programs under section 67.7122A.245 , among other programs, must include a content-specific, board-approved, 67.8performance-based assessment that measures teacher candidates in three areas: planning 67.9for instruction and assessment; engaging students and supporting learning; and assessing 67.10student learning. 67.11(e) The board must adopt rules requiring candidates for initial licenses to pass an 67.12examination of general pedagogical knowledge and examinations of licensure-specific 67.13teaching skills. The rules shall be effective by September 1, 2001. The rules under this 67.14paragraph also must require candidates for initial licenses to teach prekindergarten or 67.15elementary students to pass, as part of the examination of licensure-specific teaching 67.16skills, test items assessing the candidates' knowledge, skill, and ability in comprehensive, 67.17scientifically based reading instruction under section 122A.06, subdivision 4, and their 67.18knowledge and understanding of the foundations of reading development, the development 67.19of reading comprehension, and reading assessment and instruction, and their ability to 67.20integrate that knowledge and understanding. 67.21(f) The board must adopt rules requiring teacher educators to work directly with 67.22elementary or secondary school teachers in elementary or secondary schools to obtain 67.23periodic exposure to the elementary or secondary teaching environment. 67.24(g) The board must grant licenses to interns and to candidates for initial licenses 67.25based on appropriate professional competencies that are aligned with the board's licensing 67.26system and students' diverse learning needs. new text begin All teacher candidates must have preparation new text end 67.27 new text begin in English language development and content instruction for English learners in order to be new text end 67.28 new text begin able to effectively instruct the English learners in their classrooms. new text end The board must include 67.29these licenses in a statewide differentiated licensing system that creates new leadership 67.30roles for successful experienced teachers premised on a collaborative professional culture 67.31dedicated to meeting students' diverse learning needs in the 21st century new text begin , recognizes the new text end 67.32 new text begin importance of cultural and linguistic competencies, including the ability to teach and new text end 67.33 new text begin communicate in culturally competent and aware ways, new text end and formalizes mentoring and 67.34induction for newly licensed teachers that is provided through a teacher support framework. 68.1(h) The board must design and implement an assessment system which requires a 68.2candidate for an initial license and first continuing license to demonstrate the abilities 68.3necessary to perform selected, representative teaching tasks at appropriate levels. 68.4(i) The board must receive recommendations from local committees as established 68.5by the board for the renewal of teaching licenses. new text begin The board must require licensed teachers new text end 68.6 new text begin who are renewing a continuing license to include in the renewal requirements further new text end 68.7 new text begin preparation in English language development and specially designed content instruction new text end 68.8 new text begin in English for English learners. new text end 68.9(j) The board must grant life licenses to those who qualify according to requirements 68.10established by the board, and suspend or revoke licenses pursuant to sections 122A.20 and 68.11214.10 . The board must not establish any expiration date for application for life licenses. 68.12(k) The board must adopt rules that require all licensed teachers who are renewing 68.13their continuing license to include in their renewal requirements further preparation in 68.14the areas of using positive behavior interventions and in accommodating, modifying, and 68.15adapting curricula, materials, and strategies to appropriately meet the needs of individual 68.16students and ensure adequate progress toward the state's graduation rule. 68.17(l) In adopting rules to license public school teachers who provide health-related 68.18services for disabled children, the board shall adopt rules consistent with license or 68.19registration requirements of the commissioner of health and the health-related boards who 68.20license personnel who perform similar services outside of the school. 68.21(m) The board must adopt rules that require all licensed teachers who are renewing 68.22their continuing license to include in their renewal requirements further reading 68.23preparation, consistent with section 122A.06, subdivision 4. The rules do not take effect 68.24until they are approved by law. Teachers who do not provide direct instruction including, at 68.25least, counselors, school psychologists, school nurses, school social workers, audiovisual 68.26directors and coordinators, and recreation personnel are exempt from this section. 68.27(n) The board must adopt rules that require all licensed teachers who are renewing 68.28their continuing license to include in their renewal requirements further preparation, 68.29first, in understanding the key warning signs of early-onset mental illness in children 68.30and adolescents and then, during subsequent licensure renewal periods, preparation may 68.31include providing a more in-depth understanding of students' mental illness trauma, 68.32accommodations for students' mental illness, parents' role in addressing students' mental 68.33illness, Fetal Alcohol Spectrum Disorders, autism, the requirements of section 125A.0942 68.34governing restrictive procedures, and de-escalation methods, among other similar topics. 68.35 new text begin EFFECTIVE DATE. new text end new text begin This section is effective August 1, 2015, and applies to new text end 68.36 new text begin individuals entering a teacher preparation program after that date. new text end 69.1    Sec. 10. Minnesota Statutes 2012, section 122A.14, subdivision 2, is amended to read: 69.2    Subd. 2. Preparation programs. The board shall review and approve or 69.3disapprove preparation programs for school administrators and alternative preparation 69.4programs for administrators under section 122A.27, and must consider other alternative 69.5competency-based preparation programs leading to licensure. new text begin Among other requirements, new text end 69.6 new text begin preparation programs must include instruction on meeting the varied needs of English new text end 69.7 new text begin learners, from young children to adults, in English and, where practicable, in students' new text end 69.8 new text begin native language. new text end 69.9 new text begin EFFECTIVE DATE. new text end new text begin This section is effective August 1, 2015, and applies to new text end 69.10 new text begin individuals entering a school administrator preparation program after that date. new text end 69.11    Sec. 11. Minnesota Statutes 2012, section 122A.14, subdivision 3, is amended to read: 69.12    Subd. 3. Rules for continuing education requirements. The board shall 69.13adopt rules establishing continuing education requirements that promote continuous 69.14improvement and acquisition of new and relevant skills by school administrators. 69.15 new text begin Continuing education programs, among other things, must provide school administrators new text end 69.16 new text begin with information and training about building coherent and effective English learner new text end 69.17 new text begin strategies that include relevant professional development, accountability for student new text end 69.18 new text begin progress, students' access to the general curriculum, and sufficient staff capacity to effect new text end 69.19 new text begin these strategies. new text end A retired school principal who serves as a substitute principal or assistant 69.20principal for the same person on a day-to-day basis for no more than 15 consecutive 69.21school days is not subject to continuing education requirements as a condition of serving 69.22as a substitute principal or assistant principal. 69.23 new text begin EFFECTIVE DATE. new text end new text begin This section is effective August 1, 2015, and applies to school new text end 69.24 new text begin administrators renewing an administrator's license after that date. new text end 69.25    Sec. 12. Minnesota Statutes 2013 Supplement, section 122A.18, subdivision 2, is 69.26amended to read: 69.27    Subd. 2. Teacher and support personnel qualifications. (a) The Board of 69.28Teaching must issue licenses under its jurisdiction to persons the board finds to be 69.29qualified and competent for their respective positions. 69.30(b) The board must require a person to pass an examination of skills in reading, 69.31writing, and mathematics before being granted an initial teaching license to provide direct 69.32instruction to pupils in prekindergarten, elementary, secondary, or special education 69.33programs, except that the board may issue up to two additional temporary, one-year 70.1teaching licenses to an otherwise qualified candidate who has not yet passed the skills 70.2exam. The board must require colleges and universities offering a board approved teacher 70.3preparation program to make available upon request remedial assistance that includes a 70.4formal diagnostic component to persons enrolled in their institution who did not achieve a 70.5qualifying score on the skills examination, including those for whom English is a second 70.6language. The colleges and universities must make available assistance in the specific 70.7academic areas of deficiency in which the person did not achieve a qualifying score. 70.8School districts may make available upon request similar, appropriate, and timely remedial 70.9assistance that includes a formal diagnostic component to those persons employed by the 70.10district who completed their teacher education program, who did not achieve a qualifying 70.11score on the skills examination, including those persons for whom English is a second 70.12language and persons under section 122A.23, subdivision 2, paragraph (h), who completed 70.13their teacher's education program outside the state of Minnesota, and who received a 70.14temporary license to teach in Minnesota. The Board of Teaching shall report annually 70.15to the education committees of the legislature on the total number of teacher candidates 70.16during the most recent school year taking the skills examination, the number who achieve 70.17a qualifying score on the examination, the number who do not achieve a qualifying score 70.18on the examination, the distribution of all candidates' scores, the number of candidates 70.19who have taken the examination at least once before, and the number of candidates who 70.20have taken the examination at least once before and achieve a qualifying score. 70.21(c) The Board of Teaching must grant continuing licenses only to those persons who 70.22have met board criteria for granting a continuing license, which includes passing the 70.23skills examination in reading, writing, and mathematics consistent with paragraph (b) and 70.24section 122A.09, subdivision 4, paragraph (b). 70.25(d) All colleges and universities approved by the board of teaching to prepare persons 70.26for teacher licensure must include in their teacher preparation programs a common core 70.27of teaching knowledge and skills to be acquired by all persons recommended for teacher 70.28licensure. new text begin Among other requirements, teacher candidates must demonstrate the knowledge new text end 70.29 new text begin and skills needed to provide appropriate instruction to English learners to support and new text end 70.30 new text begin accelerate their academic literacy, including oral academic language, and achievement in new text end 70.31 new text begin content areas in a regular classroom setting. new text end This common core shall meet the standards 70.32developed by the interstate new teacher assessment and support consortium in its 1992 70.33"model standards for beginning teacher licensing and development." Amendments to 70.34standards adopted under this paragraph are covered by chapter 14. The board of teaching 70.35shall report annually to the education committees of the legislature on the performance 71.1of teacher candidates on common core assessments of knowledge and skills under this 71.2paragraph during the most recent school year. 71.3 new text begin EFFECTIVE DATE. new text end new text begin This section is effective August 1, 2015, and applies to new text end 71.4 new text begin individuals entering a teacher preparation program after that date. new text end 71.5    Sec. 13. Minnesota Statutes 2012, section 122A.18, subdivision 2a, is amended to read: 71.6    Subd. 2a. Reading strategies. (a) All colleges and universities approved by the 71.7Board of Teaching to prepare persons for classroom teacher licensure must include in 71.8their teacher preparation programs research-based best practices in reading, consistent 71.9with section 122A.06, subdivision 4, that enable the licensure candidate to know how to 71.10teach reading in the candidate's content areas. new text begin Teacher candidates must be instructed new text end 71.11 new text begin in using students' native languages as a resource in creating effective differentiated new text end 71.12 new text begin instructional strategies for English learners developing literacy skills. new text end These colleges and 71.13universities also must prepare candidates for initial licenses to teach prekindergarten or 71.14elementary students for the assessment of reading instruction portion of the examination 71.15of licensure-specific teaching skills under section 122A.09, subdivision 4, paragraph (e). 71.16(b) Board-approved teacher preparation programs for teachers of elementary 71.17education must require instruction in the application of comprehensive, scientifically 71.18based, and balanced reading instruction programs that: 71.19(1) teach students to read using foundational knowledge, practices, and strategies 71.20consistent with section 122A.06, subdivision 4, so that all students will achieve continuous 71.21progress in reading; and 71.22(2) teach specialized instruction in reading strategies, interventions, and remediations 71.23that enable students of all ages and proficiency levels to become proficient readers. 71.24(c) Nothing in this section limits the authority of a school district to select a school's 71.25reading program or curriculum. 71.26 new text begin EFFECTIVE DATE. new text end new text begin This section is effective August 1, 2015, and applies to new text end 71.27 new text begin individuals entering a teacher preparation program after that date. new text end 71.28    Sec. 14. Minnesota Statutes 2012, section 122A.18, subdivision 4, is amended to read: 71.29    Subd. 4. Expiration and renewal. (a) Each license the Department of Education 71.30issues through its licensing section must bear the date of issue. Licenses must expire 71.31and be renewed according to the respective rules the Board of Teaching, the Board 71.32of School Administrators, or the commissioner of education adopts. Requirements for 71.33renewing a license must include showing satisfactory evidence of successful teaching or 72.1administrative experience for at least one school year during the period covered by the 72.2license in grades or subjects for which the license is valid or completing such additional 72.3preparation as the Board of Teaching prescribes. The Board of School Administrators 72.4shall establish requirements for renewing the licenses of supervisory personnel except 72.5athletic coaches. The State Board of Teaching shall establish requirements for renewing 72.6the licenses of athletic coaches. 72.7(b) Relicensure applicants who have been employed as a teacher during the renewal 72.8period of their expiring license, as a condition of relicensure, must present to their local 72.9continuing education and relicensure committee or other local relicensure committee 72.10evidence of work that demonstrates professional reflection and growth in best teaching 72.11practices new text begin , including among other things, practices in meeting the varied needs of English new text end 72.12 new text begin learners, from young children to adults under section 124D.59, subdivisions 2 and 2a new text end . The 72.13applicant must include a reflective statement of professional accomplishment and the 72.14applicant's own assessment of professional growth showing evidence of: 72.15(1) support for student learning; 72.16(2) use of best practices techniques and their applications to student learning; 72.17(3) collaborative work with colleagues that includes examples of collegiality such as 72.18attested-to committee work, collaborative staff development programs, and professional 72.19learning community work; or 72.20(4) continual professional development that may include (i) job-embedded or other 72.21ongoing formal professional learning or (ii) for teachers employed for only part of the 72.22renewal period of their expiring license, other similar professional development efforts 72.23made during the relicensure period. 72.24The Board of Teaching must ensure that its teacher relicensing requirements also include 72.25this paragraph. 72.26(c) The Board of Teaching shall offer alternative continuing relicensure options for 72.27teachers who are accepted into and complete the National Board for Professional Teaching 72.28Standards certification process, and offer additional continuing relicensure options for 72.29teachers who earn National Board for Professional Teaching Standards certification. 72.30Continuing relicensure requirements for teachers who do not maintain National Board for 72.31Professional Teaching Standards certification are those the board prescribes, consistent 72.32with this section. 72.33 new text begin EFFECTIVE DATE. new text end new text begin This section is effective August 1, 2015, and applies to new text end 72.34 new text begin licensed teachers renewing a teaching license after that date. new text end 73.1    Sec. 15. Minnesota Statutes 2012, section 122A.19, is amended to read: 73.2122A.19 BILINGUAL AND ENGLISH AS A SECOND LANGUAGE 73.3TEACHERS; LICENSES. 73.4    Subdivision 1. Bilingual and English as a second language licenses. The Board of 73.5Teaching, hereinafter the board, must grant teaching licenses in bilingual education and 73.6English as a second language to persons who present satisfactory evidence that they: 73.7(a) Possess competence and communicative skills in English and in another language; 73.8(b) Possess a bachelor's degree or other academic degree approved by the board, 73.9and meet such requirements as to course of study and training as the board may prescribe new text begin , new text end 73.10 new text begin consistent with subdivision 4 new text end . 73.11    Subd. 2. Persons holding general teaching licenses. new text begin The board may license new text end a 73.12person holding new text begin who holds new text end a general teaching license new text begin and new text end who presents the board with 73.13satisfactory evidence of competence and communicative skills in a language other than 73.14English may be licensed under this section. 73.15    Subd. 3. Employment of teachers. Teachers employed in a bilingual education 73.16or English as a second language program established pursuant to sections to 73.17 shall not be employed to replace any presently employed teacher who otherwise 73.18would not be replaced. 73.19    Subd. 4. Teacher preparation programs. For the purpose of licensing bilingual 73.20and English as a second language teachers, the board may approve programs at colleges 73.21or universities designed for their training. new text begin These programs must provide instruction in new text end 73.22 new text begin implementing research-based practices designed specifically for English learners. The new text end 73.23 new text begin programs must focus on developing English learners' academic language proficiency in new text end 73.24 new text begin English, including oral academic language, giving English learners meaningful access to new text end 73.25 new text begin the full school curriculum, developing culturally relevant teaching practices appropriate new text end 73.26 new text begin for immigrant students, and providing more intensive instruction and resources to English new text end 73.27 new text begin learners with lower levels of academic English proficiency and varied needs, consistent new text end 73.28 new text begin with section 124D.59, subdivisions 2 and 2a. new text end 73.29    Subd. 5. Persons eligible for employment. Any person licensed under this section 73.30shall be new text begin is new text end eligible for employment by a school board as a teacher in a bilingual education 73.31or English as a second language program in which the language for which the person is 73.32licensed is taught or used as a medium of instruction. A board may prescribe only those 73.33additional qualifications for teachers licensed under this section as new text begin that new text end are approved 73.34by the board of teaching. 73.35    Subd. 6. Affirmative efforts in hiring. In hiring for all positions in bilingual 73.36education programs new text begin program positions new text end , districts must give preference to and make 74.1affirmative efforts to seek, recruit, and employ persons who new text begin (1) new text end are (a) native speakers of 74.2the language which is the medium of instruction in the bilingual education program new text begin or share new text end 74.3 new text begin a native language with the majority of their students new text end , and (b) new text begin (2) new text end who share the culture of the 74.4English learners who are enrolled in the program. The district shall provide procedures for 74.5the involvement of new text begin involving new text end the parent advisory committees in designing the procedures 74.6for the recruitment new text begin recruiting new text end , screening new text begin , new text end and selection of new text begin selecting new text end applicants. This section 74.7must not be construed to limit the school board's authority to hire and discharge personnel. 74.8 new text begin EFFECTIVE DATE. new text end new text begin Subdivisions 1, 2, 5, and 6 are effective August 1, 2015. new text end 74.9 new text begin Subdivision 3 is effective the day following final enactment. Subdivision 4 is effective new text end 74.10 new text begin August 1, 2015, and applies to an individual entering a teacher preparation program after new text end 74.11 new text begin that date. new text end 74.12    Sec. 16. Minnesota Statutes 2013 Supplement, section 122A.40, subdivision 8, is 74.13amended to read: 74.14    Subd. 8. Development, evaluation, and peer coaching for continuing contract 74.15teachers. (a) To improve student learning and success, a school board and an exclusive 74.16representative of the teachers in the district, consistent with paragraph (b), may develop 74.17a teacher evaluation and peer review process for probationary and continuing contract 74.18teachers through joint agreement. If a school board and the exclusive representative of the 74.19teachers do not agree to an annual teacher evaluation and peer review process, then the 74.20school board and the exclusive representative of the teachers must implement the plan 74.21for evaluation and review under paragraph (c). The process must include having trained 74.22observers serve as peer coaches or having teachers participate in professional learning 74.23communities, consistent with paragraph (b). 74.24(b) To develop, improve, and support qualified teachers and effective teaching 74.25practices and improve student learning and success, the annual evaluation process for 74.26teachers: 74.27(1) must, for probationary teachers, provide for all evaluations required under 74.28subdivision 5; 74.29(2) must establish a three-year professional review cycle for each teacher that 74.30includes an individual growth and development plan, a peer review process, the 74.31opportunity to participate in a professional learning community under paragraph (a), and 74.32at least one summative evaluation performed by a qualified and trained evaluator such as a 74.33school administrator. For the years when a tenured teacher is not evaluated by a qualified 74.34and trained evaluator, the teacher must be evaluated by a peer review; 74.35(3) must be based on professional teaching standards established in rule; 75.1(4) must coordinate staff development activities under sections 122A.60 and 75.2122A.61 with this evaluation process and teachers' evaluation outcomes; 75.3(5) may provide time during the school day and school year for peer coaching and 75.4teacher collaboration; 75.5(6) may include mentoring and induction programs; 75.6(7) must include an option for teachers to develop and present a portfolio 75.7demonstrating evidence of reflection and professional growth, consistent with section 75.8122A.18, subdivision 4 , paragraph (b), and include teachers' own performance assessment 75.9based on student work samples and examples of teachers' work, which may include video 75.10among other activities for the summative evaluation; 75.11(8) must use data from valid and reliable assessments aligned to state and local 75.12academic standards and must use state and local measures of student growth new text begin and literacy new text end 75.13that may include value-added models or student learning goals to determine 35 percent of 75.14teacher evaluation results; 75.15(9) must use longitudinal data on student engagement and connection, new text begin the academic new text end 75.16 new text begin literacy, including oral academic language, and achievement of content areas of English new text end 75.17 new text begin learners, new text end and other student outcome measures explicitly aligned with the elements of 75.18curriculum for which teachers are responsible; 75.19(10) must require qualified and trained evaluators such as school administrators to 75.20perform summative evaluations; 75.21(11) must give teachers not meeting professional teaching standards under clauses 75.22(3) through (10) support to improve through a teacher improvement process that includes 75.23established goals and timelines; and 75.24(12) must discipline a teacher for not making adequate progress in the teacher 75.25improvement process under clause (11) that may include a last chance warning, 75.26termination, discharge, nonrenewal, transfer to a different position, a leave of absence, or 75.27other discipline a school administrator determines is appropriate. 75.28Data on individual teachers generated under this subdivision are personnel data 75.29under section 13.43. 75.30(c) The department, in consultation with parents who may represent parent 75.31organizations and teacher and administrator representatives appointed by their respective 75.32organizations, representing the Board of Teaching, the Minnesota Association of School 75.33Administrators, the Minnesota School Boards Association, the Minnesota Elementary 75.34and Secondary Principals Associations, Education Minnesota, and representatives of 75.35the Minnesota Assessment Group, the Minnesota Business Partnership, the Minnesota 75.36Chamber of Commerce, and Minnesota postsecondary institutions with research expertise 76.1in teacher evaluation, must create and publish a teacher evaluation process that complies 76.2with the requirements in paragraph (b) and applies to all teachers under this section and 76.3section 122A.41 for whom no agreement exists under paragraph (a) for an annual teacher 76.4evaluation and peer review process. The teacher evaluation process created under this 76.5subdivision does not create additional due process rights for probationary teachers under 76.6subdivision 5. 76.7    Sec. 17. Minnesota Statutes 2013 Supplement, section 122A.41, subdivision 5, is 76.8amended to read: 76.9    Subd. 5. Development, evaluation, and peer coaching for continuing contract 76.10teachers. (a) To improve student learning and success, a school board and an exclusive 76.11representative of the teachers in the district, consistent with paragraph (b), may develop an 76.12annual teacher evaluation and peer review process for probationary and nonprobationary 76.13teachers through joint agreement. If a school board and the exclusive representative of 76.14the teachers in the district do not agree to an annual teacher evaluation and peer review 76.15process, then the school board and the exclusive representative of the teachers must 76.16implement the plan for evaluation and review developed under paragraph (c). The process 76.17must include having trained observers serve as peer coaches or having teachers participate 76.18in professional learning communities, consistent with paragraph (b). 76.19(b) To develop, improve, and support qualified teachers and effective teaching 76.20practices and improve student learning and success, the annual evaluation process for 76.21teachers: 76.22(1) must, for probationary teachers, provide for all evaluations required under 76.23subdivision 2; 76.24(2) must establish a three-year professional review cycle for each teacher that 76.25includes an individual growth and development plan, a peer review process, the 76.26opportunity to participate in a professional learning community under paragraph (a), and 76.27at least one summative evaluation performed by a qualified and trained evaluator such 76.28as a school administrator; 76.29(3) must be based on professional teaching standards established in rule; 76.30(4) must coordinate staff development activities under sections 122A.60 and 76.31122A.61 with this evaluation process and teachers' evaluation outcomes; 76.32(5) may provide time during the school day and school year for peer coaching and 76.33teacher collaboration; 76.34(6) may include mentoring and induction programs; 77.1(7) must include an option for teachers to develop and present a portfolio 77.2demonstrating evidence of reflection and professional growth, consistent with section 77.3122A.18, subdivision 4 , paragraph (b), and include teachers' own performance assessment 77.4based on student work samples and examples of teachers' work, which may include video 77.5among other activities for the summative evaluation; 77.6(8) must use data from valid and reliable assessments aligned to state and local 77.7academic standards and must use state and local measures of student growth new text begin and literacy new text end 77.8that may include value-added models or student learning goals to determine 35 percent of 77.9teacher evaluation results; 77.10(9) must use longitudinal data on student engagement and connection new text begin , the academic new text end 77.11 new text begin literacy, including oral academic language, and achievement of English learners, new text end and 77.12other student outcome measures explicitly aligned with the elements of curriculum for 77.13which teachers are responsible; 77.14(10) must require qualified and trained evaluators such as school administrators to 77.15perform summative evaluations; 77.16(11) must give teachers not meeting professional teaching standards under clauses 77.17(3) through (10) support to improve through a teacher improvement process that includes 77.18established goals and timelines; and 77.19(12) must discipline a teacher for not making adequate progress in the teacher 77.20improvement process under clause (11) that may include a last chance warning, 77.21termination, discharge, nonrenewal, transfer to a different position, a leave of absence, or 77.22other discipline a school administrator determines is appropriate. 77.23Data on individual teachers generated under this subdivision are personnel data 77.24under section 13.43. 77.25(c) The department, in consultation with parents who may represent parent 77.26organizations and teacher and administrator representatives appointed by their respective 77.27organizations, representing the Board of Teaching, the Minnesota Association of School 77.28Administrators, the Minnesota School Boards Association, the Minnesota Elementary 77.29and Secondary Principals Associations, Education Minnesota, and representatives of 77.30the Minnesota Assessment Group, the Minnesota Business Partnership, the Minnesota 77.31Chamber of Commerce, and Minnesota postsecondary institutions with research expertise 77.32in teacher evaluation, must create and publish a teacher evaluation process that complies 77.33with the requirements in paragraph (b) and applies to all teachers under this section and 77.34section 122A.40 for whom no agreement exists under paragraph (a) for an annual teacher 77.35evaluation and peer review process. The teacher evaluation process created under this 78.1subdivision does not create additional due process rights for probationary teachers under 78.2subdivision 2. 78.3    Sec. 18. Minnesota Statutes 2012, section 122A.413, subdivision 2, is amended to read: 78.4    Subd. 2. Plan components. The educational improvement plan must be approved 78.5by the school board and have at least these elements: 78.6(1) assessment and evaluation tools to measure student performance and progress new text begin , new text end 78.7 new text begin including the academic literacy, oral academic language, and achievement of English new text end 78.8 new text begin learners, among other measures new text end ; 78.9(2) performance goals and benchmarks for improvement; 78.10(3) measures of student attendance and completion rates; 78.11(4) a rigorous research and practice-based professional development system, based 78.12on national and state standards of effective teaching practice new text begin applicable to all students new text end 78.13 new text begin including English learners with varied needs under section 124D.59, subdivisions 2 and new text end 78.14 new text begin 2a, new text end and consistent with section 122A.60, that is aligned with educational improvement and 78.15designed to achieve ongoing and schoolwide progress and growth in teaching practice; 78.16(5) measures of student, family, and community involvement and satisfaction; 78.17(6) a data system about students and their academic progress that provides parents 78.18and the public with understandable information; 78.19(7) a teacher induction and mentoring program for probationary teachers that 78.20provides continuous learning and sustained teacher support; and 78.21(8) substantial participation by the exclusive representative of the teachers in 78.22developing the plan. 78.23 new text begin EFFECTIVE DATE. new text end new text begin This section is effective August 1, 2014, and applies to plans new text end 78.24 new text begin approved after that date. new text end 78.25    Sec. 19. Minnesota Statutes 2012, section 122A.414, subdivision 2, is amended to read: 78.26    Subd. 2. Alternative teacher professional pay system. (a) To participate in this 78.27program, a school district, intermediate school district, school site, or charter school must 78.28have an educational improvement plan under section 122A.413 and an alternative teacher 78.29professional pay system agreement under paragraph (b). A charter school participant also 78.30must comply with subdivision 2a. 78.31(b) The alternative teacher professional pay system agreement must: 78.32(1) describe how teachers can achieve career advancement and additional 78.33compensation; 79.1(2) describe how the school district, intermediate school district, school site, or 79.2charter school will provide teachers with career advancement options that allow teachers 79.3to retain primary roles in student instruction and facilitate site-focused professional 79.4development that helps other teachers improve their skills; 79.5(3) reform the "steps and lanes" salary schedule, prevent any teacher's compensation 79.6paid before implementing the pay system from being reduced as a result of participating 79.7in this system, and base at least 60 percent of any compensation increase on teacher 79.8performance using: 79.9(i) schoolwide student achievement gains under section 120B.35 or locally selected 79.10standardized assessment outcomes, or both; 79.11(ii) measures of student achievement new text begin , including the academic literacy, oral academic new text end 79.12 new text begin language, and achievement of English learners, among other measures new text end ; and 79.13(iii) an objective evaluation program that includes: 79.14(A) individual teacher evaluations aligned with the educational improvement plan 79.15under section 122A.413 and the staff development plan under section 122A.60; and 79.16(B) objective evaluations using multiple criteria conducted by a locally selected and 79.17periodically trained evaluation team that understands teaching and learning; 79.18(4) provide integrated ongoing site-based professional development activities to 79.19improve instructional skills and learning that are aligned with student needs under section 79.20122A.413 , consistent with the staff development plan under section 122A.60 and led 79.21during the school day by trained teacher leaders such as master or mentor teachers; 79.22(5) allow any teacher in a participating school district, intermediate school district, 79.23school site, or charter school that implements an alternative pay system to participate in 79.24that system without any quota or other limit; and 79.25(6) encourage collaboration rather than competition among teachers. 79.26 new text begin EFFECTIVE DATE. new text end new text begin This section is effective August 1, 2014, and applies to new text end 79.27 new text begin agreements approved after that date. new text end 79.28    Sec. 20. Minnesota Statutes 2012, section 122A.60, subdivision 1a, is amended to read: 79.29    Subd. 1a. Effective staff development activities. (a) Staff development activities 79.30must: 79.31(1) focus on the school classroom and research-based strategies that improve student 79.32learning; 79.33(2) provide opportunities for teachers to practice and improve their instructional 79.34skills over time; 80.1(3) provide opportunities for teachers to use student data as part of their daily work 80.2to increase student achievement; 80.3(4) enhance teacher content knowledge and instructional skills, including to 80.4accommodate the delivery of digital and blended learning and curriculum and engage 80.5students with technology; 80.6(5) align with state and local academic standards; 80.7(6) provide opportunities to build professional relationships, foster collaboration 80.8among principals and staff who provide instruction, and provide opportunities for 80.9teacher-to-teacher mentoring; and 80.10(7) align with the plan of the district or site for an alternative teacher professional 80.11pay system new text begin ; and new text end 80.12 new text begin (8) provide teachers of English learners, including English as a second language and new text end 80.13 new text begin content teachers, with differentiated instructional strategies critical for ensuring students' new text end 80.14 new text begin long-term academic success; the means to effectively use assessment data on the academic new text end 80.15 new text begin literacy, oral academic language, and English language development of English learners; new text end 80.16 new text begin and skills to support native and English language development across the curriculum new text end . 80.17Staff development activities may include curriculum development and curriculum training 80.18programs, and activities that provide teachers and other members of site-based teams 80.19training to enhance team performance. The school district also may implement other 80.20staff development activities required by law and activities associated with professional 80.21teacher compensation models. 80.22(b) Release time provided for teachers to supervise students on field trips and school 80.23activities, or independent tasks not associated with enhancing the teacher's knowledge 80.24and instructional skills, such as preparing report cards, calculating grades, or organizing 80.25classroom materials, may not be counted as staff development time that is financed with 80.26staff development reserved revenue under section 122A.61. 80.27    Sec. 21. Minnesota Statutes 2012, section 122A.60, subdivision 2, is amended to read: 80.28    Subd. 2. Contents of plan. The plan must include the staff development outcomes 80.29under subdivision 3, the means to achieve the outcomes, and procedures for evaluating 80.30progress at each school site toward meeting education outcomes, consistent with 80.31relicensure requirements under section 122A.18, subdivision 4. The plan also must: 80.32(1) support stable and productive professional communities achieved through 80.33ongoing and schoolwide progress and growth in teaching practice; 80.34(2) emphasize coaching, professional learning communities, classroom action 80.35research, and other job-embedded models; 81.1(3) maintain a strong subject matter focus premised on students' learning goals; 81.2(4) ensure specialized preparation and learning about issues related to teaching 81.3English learners and students with special needs new text begin by focusing on long-term systemic efforts new text end 81.4 new text begin to improve educational services and opportunities and raise student achievement new text end ; and 81.5(5) reinforce national and state standards of effective teaching practice. 81.6    Sec. 22. Minnesota Statutes 2012, section 122A.60, subdivision 3, is amended to read: 81.7    Subd. 3. Staff development outcomes. The advisory staff development committee 81.8must adopt a staff development plan for improving student achievement. The plan must 81.9be consistent with education outcomes that the school board determines. The plan 81.10must include ongoing staff development activities that contribute toward continuous 81.11improvement in achievement of the following goals: 81.12(1) improve student achievement of state and local education standards in all areas 81.13of the curriculum by using new text begin research-based new text end best practices methods; 81.14(2) effectively meet the needs of a diverse student population, including at-risk 81.15children, children with disabilities, new text begin English learners, new text end and gifted children, within the 81.16regular classroom and other settings; 81.17(3) provide an inclusive curriculum for a racially, ethnically, new text begin linguistically, new text end and 81.18culturally diverse student population that is consistent with the state education diversity 81.19rule and the district's education diversity plan; 81.20(4) improve staff collaboration and develop mentoring and peer coaching programs 81.21for teachers new to the school or district; 81.22(5) effectively teach and model violence prevention policy and curriculum that 81.23address early intervention alternatives, issues of harassment, and teach nonviolent 81.24alternatives for conflict resolution; 81.25(6) effectively deliver digital and blended learning and curriculum and engage 81.26students with technology; and 81.27(7) provide teachers and other members of site-based management teams with 81.28appropriate management and financial management skills. 81.29    Sec. 23. Minnesota Statutes 2012, section 122A.68, subdivision 3, is amended to read: 81.30    Subd. 3. Program components. In order to be approved by the Board of Teaching, 81.31a school district's residency program must at minimum include: 81.32(1) training to prepare teachers to serve as mentors to teaching residents; 81.33(2) a team mentorship approach to expose teaching residents to a variety of 81.34teaching methods, philosophies, and classroom environments new text begin that includes differentiated new text end 82.1 new text begin instructional strategies, effective use of student achievement data, and support for native new text end 82.2 new text begin and English language development across the curriculum and grade levels, among other new text end 82.3 new text begin things new text end ; 82.4(3) ongoing peer coaching and assessment; 82.5(4) assistance to the teaching resident in preparing an individual professional 82.6development plan that includes goals, activities, and assessment methodologies; and 82.7(5) collaboration with one or more teacher education institutions, career teachers, 82.8and other community experts to provide local or regional professional development 82.9seminars or other structured learning experiences for teaching residents. 82.10A teaching resident's direct classroom supervision responsibilities shall not exceed 82.1180 percent of the instructional time required of a full-time equivalent teacher in the 82.12district. During the time a resident does not supervise a class, the resident shall participate 82.13in professional development activities according to the individual plan developed by the 82.14resident in conjunction with the school's mentoring team. Examples of development 82.15activities include observing other teachers, sharing experiences with other teaching 82.16residents, and professional meetings and workshops. 82.17    Sec. 24. Minnesota Statutes 2012, section 122A.74, is amended to read: 82.18122A.74 PRINCIPALS' LEADERSHIP INSTITUTE. 82.19    Subdivision 1. Establishment. (a) The commissioner of education may contract 82.20with the regents of the University of Minnesota to establish a Principals' Leadership 82.21Institute to provide professional development to school principals by: 82.22(1) creating a network of leaders in the educational and business communities to 82.23communicate current and future trends in leadership techniques; 82.24(2) helping to create a vision for the school that is aligned with the community 82.25and district priorities; and 82.26(3) developing strategies to retain highly qualified teachers new text begin and ensure that diverse new text end 82.27 new text begin student populations, including at-risk students, children with disabilities, English learners, new text end 82.28 new text begin and gifted students, among others, have equal access to these highly qualified teachers; and new text end 82.29 new text begin (4) providing training to analyze data using culturally competent tools new text end . 82.30(b) The University of Minnesota must cooperate with participating members of the 82.31business community to provide funding and content for the institute. 82.32(c) Participants must agree to attend the Principals' Leadership Institute for four 82.33weeks during the academic summer. 82.34(d) The Principals' Leadership Institute must incorporate program elements offered 82.35by leadership programs at the University of Minnesota and program elements used by 83.1the participating members of the business community to enhance leadership within their 83.2businesses. 83.3    Subd. 2. Method of selection and requirements. (a) The board of each school 83.4district in the state may select a principal, upon the recommendation of the district's 83.5superintendent and based on the principal's leadership potential, to attend the institute. 83.6(b) The school board new text begin annually new text end shall forward its list of recommended participants to 83.7the commissioner of education by February 1 each year. In addition, a principal may submit 83.8an application directly to the commissioner by February 1. The commissioner of education 83.9 shall notify the school board, the principal candidates, and the University of Minnesota of 83.10the principals selected to participate in the Principals' Leadership Institute each year. 83.11    Sec. 25. Minnesota Statutes 2012, section 123A.06, subdivision 2, is amended to read: 83.12    Subd. 2. People to be served. A state-approved alternative program shall provide 83.13programs for secondary pupils and adults. A center may also provide programs and 83.14services for elementary and secondary pupils who are not attending the state-approved 83.15alternative program to assist them in being successful in school. A center shall use 83.16research-based best practices for serving English learners and their parents new text begin , taking into new text end 83.17 new text begin account the variations in students' backgrounds and needs and the amount of time and the new text end 83.18 new text begin staff resources necessary for students to overcome gaps in their education and to develop new text end 83.19 new text begin English proficiency and work-related skills new text end . An individualized education program team 83.20may identify a state-approved alternative program as an appropriate placement to the 83.21extent a state-approved alternative program can provide the student with the appropriate 83.22special education services described in the student's plan. Pupils eligible to be served are 83.23those who qualify under the graduation incentives program in section 124D.68, subdivision 83.242 , those enrolled under section 124D.02, subdivision 2, or those pupils who are eligible to 83.25receive special education services under sections 125A.03 to 125A.24, and 125A.65. 83.26    Sec. 26. Minnesota Statutes 2012, section 123B.04, subdivision 4, is amended to read: 83.27    Subd. 4. Achievement contract. A school board may enter a written education site 83.28achievement contract with each site decision-making team for: (1) setting individualized 83.29learning and achievement measures and short- and long-term educational goals for each 83.30student at that site new text begin that may include site-based strategies for English language instruction new text end 83.31 new text begin targeting the teachers of English learners and all teachers and school administrators new text end ; 83.32(2) recognizing each student's educational needs and aptitudes and levels of academic 83.33attainment, whether on grade level or above or below grade level, so as to improve student 83.34performance through such means as a cost-effective, research-based formative assessment 84.1system designed to promote individualized learning and assessment; (3) using student 84.2performance data to diagnose a student's academic strengths and weaknesses and indicate 84.3to the student's teachers the specific skills and concepts that need to be introduced to 84.4the student and developed through academic instruction or applied learning, organized 84.5by strands within subject areas and linked to state and local academic standards during 84.6the next year, consistent with the student's short- and long-term educational goals; and 84.7(4) assisting the education site if progress in achieving student or contract goals or other 84.8performance expectations or measures agreed to by the board and the site decision-making 84.9team are not realized or implemented. 84.10    Sec. 27. Minnesota Statutes 2012, section 123B.147, subdivision 3, is amended to read: 84.11    Subd. 3. Duties; evaluation. (a) The principal shall provide administrative, 84.12supervisory, and instructional leadership services, under the supervision of the 84.13superintendent of schools of the district and according to the policies, rules, and 84.14regulations of the school board, for the planning, management, operation, and evaluation 84.15of the education program of the building or buildings to which the principal is assigned. 84.16(b) To enhance a principal's leadership skills and support and improve teaching 84.17practices, school performance, and student achievement new text begin for diverse student populations, new text end 84.18 new text begin including at-risk students, children with disabilities, English learners, and gifted students, new text end 84.19 new text begin among others new text end , a district must develop and implement a performance-based system for 84.20annually evaluating school principals assigned to supervise a school building within the 84.21district. The evaluation must be designed to improve teaching and learning by supporting 84.22the principal in shaping the school's professional environment and developing teacher 84.23quality, performance, and effectiveness. The annual evaluation must: 84.24(1) support and improve a principal's instructional leadership, organizational 84.25management, and professional development, and strengthen the principal's capacity in the 84.26areas of instruction, supervision, evaluation, and teacher development; 84.27(2) include formative and summative evaluations new text begin based on multiple measures of new text end 84.28 new text begin student progress toward career and college readiness new text end ; 84.29(3) be consistent with a principal's job description, a district's long-term plans and 84.30goals, and the principal's own professional multiyear growth plans and goals, all of which 84.31must support the principal's leadership behaviors and practices, rigorous curriculum, 84.32school performance, and high-quality instruction; 84.33(4) include on-the-job observations and previous evaluations; 85.1(5) allow surveys to help identify a principal's effectiveness, leadership skills and 85.2processes, and strengths and weaknesses in exercising leadership in pursuit of school 85.3success; 85.4(6) use longitudinal data on student academic growth as 35 percent of the evaluation 85.5and incorporate district achievement goals and targets; 85.6(7) be linked to professional development that emphasizes improved teaching and 85.7learning, curriculum and instruction, student learning, and a collaborative professional 85.8culture; and 85.9(8) for principals not meeting standards of professional practice or other criteria 85.10under this subdivision, implement a plan to improve the principal's performance and 85.11specify the procedure and consequence if the principal's performance is not improved. 85.12The provisions of this paragraph are intended to provide districts with sufficient 85.13flexibility to accommodate district needs and goals related to developing, supporting, 85.14and evaluating principals. 85.15    Sec. 28. Minnesota Statutes 2012, section 124D.13, subdivision 2, is amended to read: 85.16    Subd. 2. Program requirements. (a) Early childhood family education programs 85.17are programs for children in the period of life from birth to kindergarten, for the parents 85.18and other relatives of these children, and for expectant parents. To the extent that funds 85.19are insufficient to provide programs for all children, early childhood family education 85.20programs should emphasize programming for a child from birth to age three and 85.21encourage parents and other relatives to involve four- and five-year-old children in school 85.22readiness programs, and other public and nonpublic early learning programs. A district 85.23may not limit participation to school district residents. Early childhood family education 85.24programs must provide: 85.25    (1) programs to educate parents and other relatives about the physical, mental, and 85.26emotional development of children and to enhance the skills of parents and other relatives 85.27in providing for their children's learning and development; 85.28    (2) structured learning activities requiring interaction between children and their 85.29parents or relatives; 85.30    (3) structured learning activities for children that promote children's development 85.31and positive interaction with peers, which are held while parents or relatives attend parent 85.32education classes; 85.33    (4) information on related community resources; 85.34    (5) information, materials, and activities that support the safety of children, including 85.35prevention of child abuse and neglect; and 86.1    (6) a community outreach plan to ensure participation by families who reflect the 86.2racial, cultural, new text begin linguistic, new text end and economic diversity of the school district. 86.3 new text begin Early childhood family education programs are encouraged to provide parents of new text end 86.4 new text begin English learners with translated oral and written information to monitor the program's new text end 86.5 new text begin impact on their children's English language development, to know whether their children new text end 86.6 new text begin are progressing in developing their English and native language proficiency, and to new text end 86.7 new text begin actively engage with and support their children in developing their English and native new text end 86.8 new text begin language proficiency. new text end 86.9    The programs must include learning experiences for children, parents, and other 86.10relatives that promote children's early literacy new text begin and, where practicable, their native new text end 86.11 new text begin language new text end skills. The program must not include new text begin and new text end activities for children that do not 86.12 require substantial involvement of the children's parents or other relatives. new text begin Providers must new text end 86.13 new text begin review new text end the program must be reviewed periodically to assure the instruction and materials 86.14are not racially, culturally, or sexually biased. The programs must encourage parents to be 86.15aware of practices that may affect equitable development of children. 86.16    (b) For the purposes of this section, "relative" or "relatives" means noncustodial 86.17grandparents or other persons related to a child by blood, marriage, adoption, or foster 86.18placement, excluding parents. 86.19    Sec. 29. Minnesota Statutes 2012, section 124D.15, subdivision 3, is amended to read: 86.20    Subd. 3. Program requirements. A school readiness program provider must: 86.21    (1) assess each child's cognitive new text begin and language new text end skills with a comprehensive child 86.22assessment instrument when the child enters and again before the child leaves the program 86.23to inform new text begin improve new text end program planning and new text begin implementation, communicate with new text end parents new text begin , new text end and 86.24promote kindergarten readiness; 86.25    (2) provide comprehensive program content and intentional instructional practice 86.26aligned with the state early childhood learning guidelines and kindergarten standards and 86.27based on early childhood research and professional practice that is focused on children's 86.28cognitive, social, emotional, and physical skills and development and prepares children 86.29for the transition to kindergarten, including early literacy new text begin and language new text end skills; 86.30(3) coordinate appropriate kindergarten transition with parents and kindergarten 86.31teachers; 86.32    (4) involve parents in program planning and decision making; 86.33    (5) coordinate with relevant community-based services; 86.34    (6) cooperate with adult basic education programs and other adult literacy programs; 87.1(7) ensure staff-child ratios of one-to-ten and maximum group size of 20 children 87.2with the first staff required to be a teacher; and 87.3(8) have teachers knowledgeable in early childhood curriculum content, assessment, 87.4 new text begin native and English language development programs, new text end and instruction. 87.5    Sec. 30. Minnesota Statutes 2012, section 124D.49, subdivision 3, is amended to read: 87.6    Subd. 3. Local education and employment transitions systems. A local education 87.7and employment transitions partnership must assess the needs of employers, employees, 87.8and learners, and develop a plan for implementing and achieving the objectives of a local 87.9or regional education and employment transitions system. The plan must provide for a 87.10comprehensive local system for assisting learners and workers in making the transition 87.11from school to work or for retraining in a new vocational area. The objectives of a local 87.12education and employment transitions system include: 87.13(1) increasing the effectiveness of the educational programs and curriculum of 87.14elementary, secondary, and postsecondary schools and the work site in preparing students 87.15in the skills and knowledge needed to be successful in the workplace; 87.16(2) implementing learner outcomes for students in grades kindergarten through 12 87.17designed to introduce the world of work and to explore career opportunities, including 87.18nontraditional career opportunities; 87.19(3) eliminating barriers to providing effective integrated applied learning, 87.20service-learning, or work-based curriculum; 87.21(4) increasing opportunities to apply academic knowledge and skills, including 87.22skills needed in the workplace, in local settings which include the school, school-based 87.23enterprises, postsecondary institutions, the workplace, and the community; 87.24(5) increasing applied instruction in the attitudes and skills essential for success in 87.25the workplace, including cooperative working, leadership, problem-solving, new text begin English new text end 87.26 new text begin language proficiency, new text end and respect for diversity; 87.27(6) providing staff training for vocational guidance counselors, teachers, and other 87.28appropriate staff in the importance of preparing learners for the transition to work, and in 87.29methods of providing instruction that incorporate applied learning, work-based learning, 87.30 new text begin English language proficiency, new text end and service-learning experiences; 87.31(7) identifying and enlisting local and regional employers who can effectively 87.32provide work-based or service-learning opportunities, including, but not limited to, 87.33apprenticeships, internships, and mentorships; 87.34(8) recruiting community and workplace mentors including peers, parents, employers 87.35and employed individuals from the community, and employers of high school students; 88.1(9) identifying current and emerging educational, training, new text begin native and English new text end 88.2 new text begin language development, new text end and employment needs of the area or region, especially within 88.3industries with potential for job growth; 88.4(10) improving the coordination and effectiveness of local vocational and job training 88.5programs, including vocational education, adult basic education, tech prep, apprenticeship, 88.6service-learning, youth entrepreneur, youth training and employment programs 88.7administered by the commissioner of employment and economic development, and local 88.8job training programs under the Workforce Investment Act of 1998, Public Law 105-220; 88.9(11) identifying and applying for federal, state, local, and private sources of funding 88.10for vocational or applied learning programs; 88.11(12) providing students with current information and counseling about career 88.12opportunities, potential employment, educational opportunities in postsecondary 88.13institutions, workplaces, and the community, and the skills and knowledge necessary to 88.14succeed; 88.15(13) providing educational technology, including interactive television networks 88.16and other distance learning methods, to ensure access to a broad variety of work-based 88.17learning opportunities; 88.18(14) including students with disabilities in a district's vocational or applied learning 88.19program and ways to serve at-risk learners through collaboration with area learning 88.20centers under sections 123A.05 to 123A.09, or other alternative programs; and 88.21(15) providing a warranty to employers, postsecondary education programs, and 88.22other postsecondary training programs, that learners successfully completing a high school 88.23work-based or applied learning program will be able to apply the knowledge and work 88.24skills included in the program outcomes or graduation requirements. The warranty shall 88.25require education and training programs to continue to work with those learners that need 88.26additional skill new text begin or English language new text end development until they can demonstrate achievement 88.27of the program outcomes or graduation requirements. 88.28    Sec. 31. Minnesota Statutes 2012, section 124D.52, as amended by Laws 2013, chapter 88.29116, article 2, section 7, is amended to read: 88.30124D.52 ADULT BASIC EDUCATION. 88.31    Subdivision 1. Program requirements. (a) An adult basic education program is a 88.32day or evening program offered by a district that is for people over 16 years of age who do 88.33not attend an elementary or secondary school. The program offers academic new text begin and English new text end 88.34 new text begin language new text end instruction necessary to earn a high school diploma or equivalency certificate. 89.1(b) Notwithstanding any law to the contrary, a school board or the governing body of 89.2a consortium offering an adult basic education program may adopt a sliding fee schedule 89.3based on a family's income, but must waive the fee for participants who are under the age 89.4of 21 or unable to pay. The fees charged must be designed to enable individuals of all 89.5socioeconomic levels to participate in the program. A program may charge a security 89.6deposit to assure return of materials, supplies, and equipment. 89.7(c) Each approved adult basic education program must develop a memorandum of 89.8understanding with the local workforce development centers located in the approved 89.9program's service delivery area. The memorandum of understanding must describe how 89.10the adult basic education program and the workforce development centers will cooperate 89.11and coordinate services to provide unduplicated, efficient, and effective services to clients. 89.12(d) Adult basic education aid must be spent for adult basic education purposes as 89.13specified in sections 124D.518 to 124D.531. 89.14(e) A state-approved adult basic education program must count and submit student 89.15contact hours for a program that offers high school credit toward an adult high school 89.16diploma according to student eligibility requirements and new text begin measures of student progress new text end 89.17 new text begin toward work-based new text end competency demonstration requirements new text begin and, where appropriate, new text end 89.18 new text begin English language proficiency requirements new text end established by the commissioner new text begin and posted on new text end 89.19 new text begin the department Web site in a readily accessible location and format new text end . 89.20    Subd. 2. Program approval. (a) To receive aid under this section, a district, a 89.21consortium of districts, the Department of Corrections, or a private nonprofit organization 89.22must submit an application by June 1 describing the program, on a form provided by 89.23the department. The program must be approved by the commissioner according to the 89.24following criteria: 89.25(1) how the needs of different levels of learning new text begin and English language proficiency new text end 89.26will be met; 89.27(2) for continuing programs, an evaluation of results; 89.28(3) anticipated number and education level of participants; 89.29(4) coordination with other resources and services; 89.30(5) participation in a consortium, if any, and money available from other participants; 89.31(6) management and program design; 89.32(7) volunteer training and use of volunteers; 89.33(8) staff development services; 89.34(9) program sites and schedules; 89.35(10) program expenditures that qualify for aid; 90.1(11) program ability to provide data related to learner outcomes as required by 90.2law; and 90.3(12) a copy of the memorandum of understanding described in subdivision 1 90.4submitted to the commissioner. 90.5(b) Adult basic education programs may be approved under this subdivision for 90.6up to five years. Five-year program approval must be granted to an applicant who has 90.7demonstrated the capacity to: 90.8(1) offer comprehensive learning opportunities and support service choices 90.9appropriate for and accessible to adults at all basic skill need new text begin and English language new text end levels 90.10 new text begin of need new text end ; 90.11(2) provide a participatory and experiential learning approach based on the strengths, 90.12interests, and needs of each adult, that enables adults with basic skill needs to: 90.13(i) identify, plan for, and evaluate their own progress toward achieving their defined 90.14educational and occupational goals; 90.15(ii) master the basic academic reading, writing, and computational skills, as well 90.16as the problem-solving, decision making, interpersonal effectiveness, and other life and 90.17learning skills they need to function effectively in a changing society; 90.18(iii) locate and be able to use the health, governmental, and social services and 90.19resources they need to improve their own and their families' lives; and 90.20(iv) continue their education, if they desire, to at least the level of secondary school 90.21completion, with the ability to secure and benefit from continuing education that will 90.22enable them to become more employable, productive, and responsible citizens; 90.23(3) plan, coordinate, and develop cooperative agreements with community resources 90.24to address the needs that the adults have for support services, such as transportation, new text begin English new text end 90.25 new text begin language learning, new text end flexible course scheduling, convenient class locations, and child care; 90.26(4) collaborate with business, industry, labor unions, and employment-training 90.27agencies, as well as with family and occupational education providers, to arrange for 90.28resources and services through which adults can attain economic self-sufficiency; 90.29(5) provide sensitive and well trained adult education personnel who participate in 90.30local, regional, and statewide adult basic education staff development events to master 90.31effective adult learning and teaching techniques; 90.32(6) participate in regional adult basic education peer program reviews and evaluations; 90.33(7) submit accurate and timely performance and fiscal reports; 90.34(8) submit accurate and timely reports related to program outcomes and learner 90.35follow-up information; and 91.1(9) spend adult basic education aid on adult basic education purposes only, which 91.2are specified in sections 124D.518 to 124D.531. 91.3(c) The commissioner shall require each district to provide notification by February 91.41, 2001, of its intent to apply for funds under this section as a single district or as part of 91.5an identified consortium of districts. A district receiving funds under this section must 91.6notify the commissioner by February 1 of its intent to change its application status for 91.7applications due the following June 1. 91.8    Subd. 3. Accounts; revenue; aid. (a) Each district, group of districts, or private 91.9nonprofit organization providing adult basic education programs must establish and 91.10maintain a reserve account within the community service fund for the receipt new text begin receiving new text end 91.11 and disbursement of new text begin disbursing new text end all funds related to these programs. All revenue received 91.12pursuant to new text begin under new text end this section must be utilized new text begin used new text end solely for the purposes of adult basic 91.13education programs. State aid must not equal more than 100 percent of the unreimbursed 91.14expenses of providing these programs, excluding in-kind costs. 91.15(b) For purposes of paragraph (a), an adult basic education program may include as 91.16valid expenditures for the previous fiscal year program spending that occurs from July 91.171 to September 30 of the following year. A program may carry over a maximum of 20 91.18percent of its adult basic education aid revenue into the next fiscal year. Program spending 91.19may only be counted for one fiscal year. 91.20(c) Notwithstanding section 123A.26 or any other law to the contrary, an adult basic 91.21education consortium providing an approved adult basic education program may be its own 91.22fiscal agent and is eligible to receive state-aid payments directly from the commissioner. 91.23    Subd. 4. English as a second language programs. Persons may teach English 91.24as a second language classes conducted at a worksite, if they meet the requirements 91.25of section 122A.19, subdivision 1, clause (a), regardless of whether they are licensed 91.26teachers. Persons teaching English as a second language for an approved adult basic 91.27education program must possess a bachelor's or master's degree in English as a second 91.28language, applied linguistics, or bilingual education, or a related degree as approved by 91.29the commissioner. 91.30    Subd. 5. Basic service level. A district, or a consortium of districts, with a program 91.31approved by the commissioner under subdivision 2 must establish, in consultation with the 91.32commissioner, a basic level of service for every adult basic education site in the district 91.33or consortium. The basic service level must describe minimum levels of academic new text begin and new text end 91.34 new text begin English language new text end instruction and support services to be provided at each site. The program 91.35must set a basic service level that promotes effective learning and student achievement 92.1with measurable results. Each district or consortium of districts must submit its basic 92.2service level to the commissioner for approval. 92.3    Subd. 6. Cooperative English as a second language and adult basic education 92.4programs. (a) A school district, or adult basic education consortium that receives revenue 92.5under section 124D.531, may deliver English as a second language, citizenship, or other 92.6adult education programming in collaboration with community-based and nonprofit 92.7organizations located within its district or region, and with correctional institutions. The 92.8organization or correctional institution must have the demonstrated capacity to offer 92.9education programs for adults. Community-based or nonprofit organizations must meet 92.10the criteria in paragraph (b), or have prior experience. A community-based or nonprofit 92.11organization or a correctional institution may be reimbursed for unreimbursed expenses 92.12as defined in section 124D.518, subdivision 5, for the administration of new text begin administering new text end 92.13 English as a second language or adult basic education programs, not to exceed eight 92.14percent of the total funds provided by a school district or adult basic education consortium. 92.15The administrative reimbursement for a school district or adult basic education consortium 92.16that delivers services cooperatively with a community-based or nonprofit organization 92.17or correctional institution is limited to five percent of the program aid, not to exceed the 92.18unreimbursed expenses of administering programs delivered by community-based or 92.19nonprofit organizations or correctional institutions. 92.20(b) A community-based organization or nonprofit organization that delivers education 92.21services under this section must demonstrate that it has met the following criteria: 92.22(1) be legally established as a nonprofit organization; 92.23(2) have an established system for fiscal accounting and reporting that is consistent 92.24with the Department of Education's new text begin department's new text end adult basic education completion report 92.25and reporting requirements under section 124D.531; 92.26(3) require all instructional staff to complete a training course in teaching adult 92.27learners; and 92.28(4) develop a learning plan for each student that identifies defined educational and 92.29occupational goals with measures to evaluate progress. 92.30    Subd. 7. Performance tracking system. (a) By July 1, 2000, each approved adult 92.31basic education program must develop and implement a performance tracking system to 92.32provide information necessary to comply with federal law and serve as one means of 92.33assessing the effectiveness of adult basic education programs. For required reporting, 92.34longitudinal studies, and program improvement, the tracking system must be designed to 92.35collect data on the following core outcomes for learners new text begin , including English learners, new text end who 92.36have completed participating in the adult basic education program: 93.1(1) demonstrated improvements in literacy skill levels in reading, writing, speaking 93.2the English language, numeracy, problem solving, English language acquisition, and 93.3other literacy skills; 93.4(2) placement in, retention in, or completion of postsecondary education, training, 93.5unsubsidized employment, or career advancement; 93.6(3) receipt of a secondary school diploma or its recognized equivalent; and 93.7(4) reduction in participation in the diversionary work program, Minnesota family 93.8investment program, and food support education and training program. 93.9(b) A district, group of districts, state agency, or private nonprofit organization 93.10providing an adult basic education program may meet this requirement by developing a 93.11tracking system based on either or both of the following methodologies: 93.12(1) conducting a reliable follow-up survey; or 93.13(2) submitting student information, including Social Security numbers for data 93.14matching. 93.15Data related to obtaining employment must be collected in the first quarter following 93.16program completion or can be collected while the student is enrolled, if known. Data 93.17related to employment retention must be collected in the third quarter following program 93.18exit. Data related to any other specified outcome may be collected at any time during a 93.19program year. 93.20(c) When a student in a program is requested to provide the student's Social Security 93.21number, the student must be notified in a written form easily understandable to the student 93.22that: 93.23(1) providing the Social Security number is optional and no adverse action may be 93.24taken against the student if the student chooses not to provide the Social Security number; 93.25(2) the request is made under section 124D.52, subdivision 7; 93.26(3) if the student provides the Social Security number, it will be used to assess the 93.27effectiveness of the program by tracking the student's subsequent career; and 93.28(4) the Social Security number will be shared with the Department of Education; 93.29Minnesota State Colleges and Universities; Office of Higher Education; Department of 93.30Human Services; and Department of Employment and Economic Development in order 93.31to accomplish the purposes described in paragraph (a) and will not be used for any other 93.32purpose or reported to any other governmental entities. 93.33(d) Annually a district, group of districts, state agency, or private nonprofit 93.34organization providing programs under this section must forward the tracking data 93.35collected to the Department of Education. For the purposes of longitudinal studies on the 93.36employment status of former students under this section, the Department of Education 94.1must forward the Social Security numbers to the Department of Employment and 94.2Economic Development to electronically match the Social Security numbers of former 94.3students with wage detail reports filed under section 268.044. The results of data matches 94.4must, for purposes of this section and consistent with the requirements of the United 94.5States Code, title 29, section 2871, of the Workforce Investment Act of 1998, be compiled 94.6in a longitudinal form by the Department of Employment and Economic Development 94.7and released to the Department of Education in the form of summary data that does not 94.8identify the individual students. The Department of Education may release this summary 94.9data. State funding for adult basic education programs must not be based on the number or 94.10percentage of students who decline to provide their Social Security numbers or on whether 94.11the program is evaluated by means of a follow-up survey instead of data matching. 94.12    Subd. 8. Standard high school diploma for adults. (a) The commissioner shall 94.13adopt rules for providing a standard adult high school diploma to persons who: 94.14(1) are not eligible for kindergarten through grade 12 services; 94.15(2) do not have a high school diploma; and 94.16(3) successfully complete an adult basic education program of instruction approved 94.17by the commissioner of education necessary to earn an adult high school diploma. 94.18(b) Persons participating in an approved adult basic education program of instruction 94.19must demonstrate the competencies, knowledge, and skills new text begin and, where appropriate, new text end 94.20 new text begin English language proficiency, new text end sufficient to ensure that postsecondary programs and 94.21institutions and potential employers regard persons with a standard high school diploma 94.22and persons with a standard adult high school diploma as equally well prepared and 94.23qualified graduates. Approved adult basic education programs of instruction under this 94.24subdivision must issue a standard adult high school diploma to persons who successfully 94.25demonstrate the competencies, knowledge, and skills required by the program. 94.26    Sec. 32. Minnesota Statutes 2012, section 124D.522, is amended to read: 94.27124D.522 ADULT BASIC EDUCATION SUPPLEMENTAL SERVICE 94.28GRANTS. 94.29(a) The commissioner, in consultation with the policy review task force under 94.30section 124D.521, may make grants to nonprofit organizations to provide services that are 94.31not offered by a district adult basic education program or that are supplemental to either 94.32the statewide adult basic education program, or a district's adult basic education program. 94.33The commissioner may make grants for: staff development for adult basic education 94.34teachers and administrators; training for volunteer tutors; training, services, and materials 94.35for serving disabled students through adult basic education programs; statewide promotion 95.1of adult basic education services and programs; development and dissemination of 95.2instructional and administrative technology for adult basic education programs; programs 95.3which primarily serve communities of color; adult basic education distance learning 95.4projects, including television instruction programs; new text begin initiatives to accelerate English new text end 95.5 new text begin language acquisition and the achievement of career- and college-ready skills among new text end 95.6 new text begin English learners; new text end and other supplemental services to support the mission of adult basic 95.7education and innovative delivery of adult basic education services. 95.8(b) The commissioner must establish eligibility criteria and grant application 95.9procedures. Grants under this section must support services throughout the state, focus 95.10on educational results for adult learners, and promote outcome-based achievement 95.11through adult basic education programs. Beginning in fiscal year 2002, the commissioner 95.12may make grants under this section from the state total adult basic education aid set 95.13aside for supplemental service grants under section 124D.531. Up to one-fourth of the 95.14appropriation for supplemental service grants must be used for grants for adult basic 95.15education programs to encourage and support innovations in adult basic education 95.16instruction and service delivery. A grant to a single organization cannot exceed 20 percent 95.17of the total supplemental services aid. Nothing in this section prevents an approved adult 95.18basic education program from using state or federal aid to purchase supplemental services. 95.19    Sec. 33. Minnesota Statutes 2012, section 124D.59, subdivision 2, is amended to read: 95.20    Subd. 2. English learner. (a) "English learner" means a pupil in kindergarten through 95.21grade 12 who meets the new text begin requirements under subdivision 2a or the new text end following requirements: 95.22(1) the pupil, as declared by a parent or guardian first learned a language other than 95.23English, comes from a home where the language usually spoken is other than English, or 95.24usually speaks a language other than English; and 95.25(2) the pupil is determined by new text begin a valid assessment measuring the pupil's English new text end 95.26 new text begin language proficiency and by new text end developmentally appropriate measures, which might include 95.27observations, teacher judgment, parent recommendations, or developmentally appropriate 95.28assessment instruments, to lack the necessary English skills to participate fully in 95.29 new text begin academic new text end classes taught in English. 95.30(b) Notwithstanding paragraph (a), A pupil new text begin enrolled in a Minnesota public school new text end 95.31in grades new text begin any grade new text end 4 through 12 who was enrolled in a Minnesota public school on 95.32the dates during new text begin in new text end the previous school year when a commissioner provided new text begin took a new text end 95.33 new text begin commissioner-provided new text end assessment that measures new text begin measuring new text end the pupil's emerging 95.34academic English was administered, shall not be counted as an English learner in 95.35calculating English learner pupil units under section 126C.05, subdivision 17, and shall not 96.1 generate state English learner aid under section 124D.65, subdivision 5, unless new text begin if new text end the pupil 96.2scored below the state cutoff score or is otherwise counted as a nonproficient participant 96.3on an new text begin the new text end assessment measuring new text begin the pupil's new text end emerging academic English provided by the 96.4commissioner during the previous school year new text begin and in the judgment of the pupil's classroom new text end 96.5 new text begin teachers, consistent with section 124D.61, clause (1), the pupil is unable to demonstrate new text end 96.6 new text begin academic language proficiency in English, including oral academic language, sufficient to new text end 96.7 new text begin successfully and fully participate in the general core curriculum in the regular classroom new text end . 96.8(c) Notwithstanding paragraphs (a) and (b), a pupil in kindergarten through grade 96.912 shall not be counted as an English learner in calculating English learner pupil units 96.10under section 126C.05, subdivision 17, and shall not generate state English learner aid 96.11under section 124D.65, subdivision 5, if: 96.12(1) the pupil is not enrolled during the current fiscal year in an educational program 96.13for English learners in accordance with new text begin under new text end sections 124D.58 to 124D.64; or 96.14(2) the pupil has generated five or more years of average daily membership in 96.15Minnesota public schools since July 1, 1996. 96.16    Sec. 34. Minnesota Statutes 2012, section 124D.59, is amended by adding a 96.17subdivision to read: 96.18     new text begin Subd. 2a. new text end new text begin English learner; interrupted formal education. new text end new text begin Consistent with new text end 96.19 new text begin subdivision 2, an English learner includes an English learner with an interrupted formal new text end 96.20 new text begin education who: new text end 96.21 new text begin (1) comes from a home where the language usually spoken is other than English, or new text end 96.22 new text begin usually speaks a language other than English; new text end 96.23 new text begin (2) enters school in the United States after grade 6; new text end 96.24 new text begin (3) has at least two years less schooling than the English learner's peers; new text end 96.25 new text begin (4) functions at least two years below expected grade level in reading and new text end 96.26 new text begin mathematics; and new text end 96.27 new text begin (5) may be preliterate in the English learner's native language. new text end 96.28    Sec. 35. Minnesota Statutes 2012, section 124D.895, is amended to read: 96.29124D.895 PARENTAL INVOLVEMENT PROGRAMS. 96.30    Subdivision 1. Program goals. The department, in consultation with the state 96.31curriculum advisory committee, must develop guidelines and model plans for parental 96.32involvement programs that will: 97.1(1) engage the interests and talents of parents or guardians in recognizing and 97.2meeting the emotional, intellectual, new text begin native and English language development, new text end and 97.3physical needs of their school-age children; 97.4(2) promote healthy self-concepts among parents or guardians and other family 97.5members; 97.6(3) offer parents or guardians a chance to share and learn about educational skills, 97.7techniques, and ideas; 97.8(4) provide creative learning experiences for parents or guardians and their 97.9school-age children, including involvement from parents or guardians of color; 97.10(5) encourage parents to actively participate in their district's curriculum advisory 97.11committee under section 120B.11 in order to assist the school board in improving 97.12children's education programs; and 97.13(6) encourage parents to help in promoting school desegregation/integration new text begin under new text end 97.14 new text begin sections 124D.861 and 124D.862 new text end . 97.15    Subd. 2. Plan contents. Model plans for a parental involvement program must 97.16include at least the following: 97.17(1) program goals; 97.18(2) means for achieving program goals; 97.19(3) methods for informing parents or guardians, in a timely way, about the program; 97.20(4) strategies for ensuring the full participation of parents or guardians, including 97.21those parents or guardians who lack literacy skills or whose native language is not English, 97.22including new text begin the new text end involvement from new text begin of new text end parents or guardians of color; 97.23(5) procedures for coordinating the program with kindergarten through grade 12 97.24curriculum, with parental involvement programs currently available in the community, 97.25with the process under sections to new text begin world's best workforce under section new text end 120B.11, 97.26and with other education facilities located in the community; 97.27(6) strategies for training teachers and other school staff to work effectively with 97.28parents and guardians; 97.29(7) procedures for parents or guardians and educators to evaluate and report progress 97.30toward program goals; and 97.31(8) a mechanism for convening a local community advisory committee composed 97.32primarily of parents or guardians to advise a district on implementing a parental 97.33involvement program. 97.34    Subd. 3. Plan activities. Activities contained in the model plans must include: 97.35(1) educational opportunities for families that enhance children's learning new text begin and native new text end 97.36 new text begin and English language new text end development; 98.1(2) educational programs for parents or guardians on families' educational 98.2responsibilities and resources; 98.3(3) the hiring, training, and use of parental involvement liaison workers to 98.4coordinate family involvement activities and to foster new text begin linguistic and culturally competent new text end 98.5communication among families, educators, and students new text begin , consistent with the definition of new text end 98.6 new text begin culturally competent under section 120B.11, subdivision 1, paragraph (d) new text end ; 98.7(4) curriculum materials and assistance in implementing home and community-based 98.8learning activities that reinforce and extend classroom instruction and student motivation; 98.9(5) technical assistance, including training to design and carry out family 98.10involvement programs; 98.11(6) parent resource centers; 98.12(7) parent training programs and reasonable and necessary expenditures associated 98.13with parents' attendance at training sessions; 98.14(8) reports to parents on children's progress; 98.15(9) use of parents as classroom volunteers, or as volunteers in before and after 98.16school programs for school-age children, tutors, and aides; 98.17(10) soliciting parents' suggestions in planning, developing, and implementing 98.18school programs; 98.19(11) educational programs and opportunities for parents or guardians that are 98.20multicultural, new text begin multilingual, new text end gender fair, and disability sensitive; 98.21(12) involvement in a district's curriculum advisory committee or a school building 98.22team under section 120B.11; and 98.23(13) opportunities for parent involvement in developing, implementing, or evaluating 98.24school and district desegregation/integration plans new text begin under sections 124D.861 and 124D.862 new text end . 98.25    Sec. 36. Minnesota Statutes 2012, section 124D.8955, is amended to read: 98.26124D.8955 PARENT AND FAMILY INVOLVEMENT POLICY. 98.27    (a) In order to promote and support student achievement, a local school board is 98.28encouraged to formally adopt and implement a parent and family involvement policy that 98.29promotes and supports: 98.30    (1) new text begin oral and written new text end communication between home and school that is regular, 98.31two-way, and meaningful new text begin , and in families' native language new text end ; 98.32    (2) parenting skills; 98.33    (3) parents and caregivers who play an integral role in assisting student learning and 98.34learn about fostering students' academic success and learning at home and school; 99.1    (4) welcoming parents in the school and new text begin using networks that support families' new text end 99.2 new text begin cultural connections, new text end seeking their support and assistance; 99.3    (5) partnerships with parents in the decisions that affect children and families 99.4in the schools; and 99.5    (6) providing community resources to strengthen schools, families, and student 99.6learning. 99.7    (b) A school board that implements a parent and family involvement policy under 99.8paragraph (a) must convene an advisory committee composed of an equal number of 99.9resident parents who are not district employees and school staff to make recommendations 99.10to the board on developing and evaluating the board's parent and family involvement 99.11policy. If possible, the advisory committee must represent the diversity of the district. The 99.12advisory committee must consider the district's demographic diversity and barriers to 99.13parent involvement when developing its recommendations. The advisory committee must 99.14present its recommendations to the board for board consideration. 99.15    (c) The board must consider new text begin research-based new text end best practices when implementing 99.16this policy. 99.17    (d) The board periodically must review this policy to determine whether it is aligned 99.18with the most current research findings on parent involvement policies and practices and 99.19how effective the policy is in supporting increased student achievement. 99.20    (e) Nothing in this section obligates a school district to exceed any parent or family 99.21involvement requirement under federal law. 99.22    Sec. 37. Minnesota Statutes 2013 Supplement, section 127A.70, subdivision 2, is 99.23amended to read: 99.24    Subd. 2. Powers and duties; report. (a) The partnership shall develop 99.25recommendations to the governor and the legislature designed to maximize the achievement 99.26of all P-20 students while promoting the efficient use of state resources, thereby helping 99.27the state realize the maximum value for its investment. These recommendations may 99.28include, but are not limited to, strategies, policies, or other actions focused on: 99.29    (1) improving the quality of and access to education at all points from preschool 99.30through graduate education; 99.31    (2) improving preparation for, and transitions to, postsecondary education and 99.32work; and 99.33    (3) ensuring educator quality by creating rigorous standards for teacher recruitment, 99.34teacher preparation, induction and mentoring of beginning teachers, and continuous 99.35professional development for career teachers. 100.1    (b) Under the direction of the P-20 Education Partnership Statewide Longitudinal 100.2Education Data System Governance Committee, the Office of Higher Education and the 100.3Departments of Education and Employment and Economic Development shall improve 100.4and expand the Statewide Longitudinal Education Data System (SLEDS) to provide 100.5policymakers, education and workforce leaders, researchers, and members of the public 100.6with data, research, and reports to: 100.7(1) expand reporting on students' educational outcomes new text begin for diverse student new text end 100.8 new text begin populations including at-risk students, children with disabilities, English learners, and new text end 100.9 new text begin gifted students, among others, and include formative and summative evaluations based on new text end 100.10 new text begin multiple measures of student progress toward career and college readiness new text end ; 100.11(2) evaluate the effectiveness of educational and workforce programs; and 100.12(3) evaluate the relationship between education and workforce outcomes new text begin , consistent new text end 100.13 new text begin with section 124D.49 new text end . 100.14To the extent possible under federal and state law, research and reports should be 100.15accessible to the public on the Internet, and disaggregated by demographic characteristics, 100.16organization or organization characteristics, and geography. 100.17It is the intent of the legislature that the Statewide Longitudinal Education Data 100.18System inform public policy and decision-making. The SLEDS governance committee, 100.19with assistance from staff of the Office of Higher Education, the Department of Education, 100.20and the Department of Employment and Economic Development, shall respond to 100.21legislative committee and agency requests on topics utilizing data made available through 100.22the Statewide Longitudinal Education Data System as resources permit. Any analysis of 100.23or report on the data must contain only summary data. 100.24    (c) By January 15 of each year, the partnership shall submit a report to the governor 100.25and to the chairs and ranking minority members of the legislative committees and 100.26divisions with jurisdiction over P-20 education policy and finance that summarizes the 100.27partnership's progress in meeting its goals and identifies the need for any draft legislation 100.28when necessary to further the goals of the partnership to maximize student achievement 100.29while promoting efficient use of resources. 100.30    Sec. 38. new text begin REPEALER. new text end 100.31 new text begin Minnesota Statutes 2012, section 122A.19, subdivision 3, new text end new text begin is repealed effective the new text end 100.32 new text begin day following final enactment. new text end 101.1ARTICLE 8 101.2INTERSTATE COMPACT ON EDUCATIONAL OPPORTUNITY 101.3FOR MILITARY CHILDREN 101.4    Section 1. Minnesota Statutes 2012, section 127A.70, subdivision 1, is amended to read: 101.5    Subdivision 1. Establishment; membership. new text begin (a) new text end A P-20 education partnership is 101.6established to create a seamless system of education that maximizes achievements of 101.7all students, from early childhood through elementary, secondary, and postsecondary 101.8education, while promoting the efficient use of financial and human resources. The 101.9partnership shall consist of major statewide educational groups or constituencies or 101.10noneducational statewide organizations with a stated interest in P-20 education. The initial 101.11membership of the partnership includes the members serving on the Minnesota P-16 101.12Education Partnership and four legislators appointed as follows: 101.13    (1) one senator from the majority party and one senator from the minority party, 101.14appointed by the Subcommittee on Committees of the Committee on Rules and 101.15Administration; and 101.16    (2) one member of the house of representatives appointed by the speaker of the 101.17house and one member appointed by the minority leader of the house of representatives. 101.18     new text begin (b) new text end The chair of the P-16 education partnership must convene the first meeting 101.19of the P-20 partnership. Prospective members may be nominated by any partnership 101.20member and new members will be added with the approval of a two-thirds majority of the 101.21partnership. The partnership will also seek input from nonmember organizations whose 101.22expertise can help inform the partnership's work. 101.23     new text begin (c) new text end Partnership members shall be represented by the chief executives, presidents, or 101.24other formally designated leaders of their respective organizations, or their designees. The 101.25partnership shall meet at least three times during each calendar year. 101.26 new text begin (d) The P-20 education partnership shall be the state council for the Interstate new text end 101.27 new text begin Compact on Educational Opportunity for Military Children under section 127A.85 with new text end 101.28 new text begin the chair serving as the compact commissioner responsible for the administration and new text end 101.29 new text begin management of the state's participation in the compact. When conducting business new text end 101.30 new text begin required under section 127A.85, the P-20 partnership shall include a representative from a new text end 101.31 new text begin military installation appointed by the adjutant general of the Minnesota National Guard. new text end 101.32    Sec. 2. new text begin [127A.85] INTERSTATE COMPACT ON EDUCATIONAL new text end 101.33 new text begin OPPORTUNITY FOR MILITARY CHILDREN. new text end 101.34 new text begin ARTICLE I new text end 102.1 new text begin PURPOSE new text end 102.2 new text begin It is the purpose of this compact to remove barriers to educational success imposed on new text end 102.3 new text begin children of military families because of frequent moves and deployment of their parents by: new text end 102.4 new text begin A. facilitating the timely enrollment of children of military families and ensuring new text end 102.5 new text begin that they are not placed at a disadvantage due to difficulty in the transfer of education new text end 102.6 new text begin records from the previous school district(s) or variations in entrance/age requirements. new text end 102.7 new text begin B. Facilitating the student placement process through which children of military new text end 102.8 new text begin families are not disadvantaged by variations in attendance requirements, scheduling, new text end 102.9 new text begin sequencing, grading, course content, or assessment. new text end 102.10 new text begin C. Facilitating the qualification and eligibility for enrollment, educational programs, new text end 102.11 new text begin and participation in extracurricular academic, athletic, and social activities. new text end 102.12 new text begin D. Facilitating the on-time graduation of children of military families. new text end 102.13 new text begin E. Providing for the promulgation and enforcement of administrative rules new text end 102.14 new text begin implementing the provisions of this compact. new text end 102.15 new text begin F. Providing for the uniform collection and sharing of information between and new text end 102.16 new text begin among member states, schools, and military families under this compact. new text end 102.17 new text begin G. Promoting coordination between this compact and other compacts affecting new text end 102.18 new text begin military children. new text end 102.19 new text begin H. Promoting flexibility and cooperation between the educational system, parents, new text end 102.20 new text begin and the student in order to achieve educational success for the student. new text end 102.21 new text begin ARTICLE II new text end 102.22 new text begin DEFINITIONS new text end 102.23 new text begin As used in this compact, unless the context clearly requires a different construction: new text end 102.24 new text begin A. "Active duty" means: full-time duty status in the active uniformed service of the new text end 102.25 new text begin United States, including members of the National Guard and Reserve on active duty orders new text end 102.26 new text begin pursuant to United States code, title 10, sections 1209 and 1211. new text end 102.27 new text begin B. "Children of military families" means: a school-aged child(ren), enrolled in new text end 102.28 new text begin kindergarten through grade 12, in the household of an active duty member. new text end 102.29 new text begin C. "Compact commissioner" means: the voting representative of each compacting new text end 102.30 new text begin state appointed pursuant to Article VIII of this compact. new text end 102.31 new text begin D. "Deployment" means: the period one month prior to the service members' new text end 102.32 new text begin departure from their home station on military orders through six months after return to new text end 102.33 new text begin their home station. new text end 102.34 new text begin E. "Education(al) records" means: those official records, files, and data directly new text end 102.35 new text begin related to a student and maintained by the school or local education agency, including but new text end 102.36 new text begin not limited to records encompassing all the material kept in the student's cumulative new text end 103.1 new text begin folder, such as general identifying data, records of attendance and of academic work new text end 103.2 new text begin completed, records of achievement and results of evaluative tests, health data, disciplinary new text end 103.3 new text begin status, test protocols, and individualized education programs. new text end 103.4 new text begin F. "Extracurricular activities" means: a voluntary activity sponsored by the school new text end 103.5 new text begin or local education agency or an organization sanctioned by the local education agency. new text end 103.6 new text begin Extracurricular activities include, but are not limited to, preparation for and involvement new text end 103.7 new text begin in public performances, contests, athletic competitions, demonstrations, displays, and new text end 103.8 new text begin club activities. new text end 103.9 new text begin G. "Interstate Commission on Educational Opportunity for Military Children" new text end 103.10 new text begin means: the commission that is created under Article IX of this compact, which is generally new text end 103.11 new text begin referred to as Interstate Commission. new text end 103.12 new text begin H. "Local education agency" means: a public authority legally constituted by the new text end 103.13 new text begin state as an administrative agency to provide control of and direction for kindergarten new text end 103.14 new text begin through grade 12 public educational institutions. new text end 103.15 new text begin I. "Member state" means: a state that has enacted this compact. new text end 103.16 new text begin J. "Military installation" means: a base, camp, post, station, yard, center, homeport new text end 103.17 new text begin facility for any ship, or other activity under the jurisdiction of the Department of Defence, new text end 103.18 new text begin including any leased facility, which is located within any of the several states, the District new text end 103.19 new text begin of Columbia, the Commonwealth of Puerto Rico, the United States Virgin Islands, Guam, new text end 103.20 new text begin American Samoa, the Northern Mariana Islands, and any other United States territory. new text end 103.21 new text begin Such term does not include any facility used primarily for civil works, rivers and harbors new text end 103.22 new text begin projects, or flood control projects. new text end 103.23 new text begin K. "Nonmember state" means: a state that has not enacted this compact. new text end 103.24 new text begin L. "Receiving state" means: the state to which a child of a military family is sent, new text end 103.25 new text begin brought, or caused to be sent or brought. new text end 103.26 new text begin M. "Rule" means: a written statement by the Interstate Commission promulgated new text end 103.27 new text begin pursuant to Article XII of this compact that is of general applicability, implements, new text end 103.28 new text begin interprets, or prescribes a policy or provision of the Compact, or an organizational, new text end 103.29 new text begin procedural, or practice requirement of the Interstate Commission, and has the force new text end 103.30 new text begin and effect of statutory law in a member state, and includes the amendment, repeal, or new text end 103.31 new text begin suspension of an existing rule. new text end 103.32 new text begin N. "Sending state" means: the state from which a child of a military family is sent, new text end 103.33 new text begin brought, or caused to be sent or brought. new text end 103.34 new text begin O. "State" means: a state of the United States, the District of Columbia, the new text end 103.35 new text begin Commonwealth of Puerto Rico, the United States Virgin Islands, Guam, American Samoa, new text end 103.36 new text begin the Northern Mariana Islands, and any other United States territory. new text end 104.1 new text begin P. "Student" means: the child of a military family for whom the local education new text end 104.2 new text begin agency receives public funding and who is formally enrolled in kindergarten through new text end 104.3 new text begin grade 12. new text end 104.4 new text begin Q. "Transition" means: (1) the formal and physical process of transferring from new text end 104.5 new text begin school to school or (2) the period of time in which a student moves from one school in new text end 104.6 new text begin the sending state to another school in the receiving state. new text end 104.7 new text begin R. "Uniformed service(s)" means: the Army, Navy, Air Force, Marine Corps, Coast new text end 104.8 new text begin Guard as well as the commissioned Corps of the National Oceanic and Atmospheric new text end 104.9 new text begin Administration, and Public Health Services. new text end 104.10 new text begin S. "Veteran" means: a person who served in the uniformed services and who was new text end 104.11 new text begin discharged or released there from under conditions other than dishonorable. new text end 104.12 new text begin ARTICLE III new text end 104.13 new text begin APPLICABILITY new text end 104.14 new text begin A. Except as otherwise provided in Section B, this compact shall apply to the new text end 104.15 new text begin children of: new text end 104.16 new text begin 1. active duty members of the uniformed services as defined in this compact, new text end 104.17 new text begin including members of the National Guard and Reserve on active duty orders pursuant to new text end 104.18 new text begin United States Code, title 10, sections 1209 and 1211; new text end 104.19 new text begin 2. members or veterans of the uniformed services who are severely injured and new text end 104.20 new text begin medically discharged or retired for a period of one year after medical discharge or new text end 104.21 new text begin retirement; and new text end 104.22 new text begin 3. members of the uniformed services who die on active duty or as a result of new text end 104.23 new text begin injuries sustained on active duty for a period of one year after death. new text end 104.24 new text begin B. The provisions of this interstate compact shall only apply to local education new text end 104.25 new text begin agencies as defined in this compact. new text end 104.26 new text begin C. The provisions of this compact shall not apply to the children of: new text end 104.27 new text begin 1. inactive members of the national guard and military reserves; new text end 104.28 new text begin 2. members of the uniformed services now retired, except as provided in Section A; new text end 104.29 new text begin 3. veterans of the uniformed services, except as provided in Section A; and new text end 104.30 new text begin 4. other United States Department of Defense personnel and other federal agency new text end 104.31 new text begin civilian and contract employees not defined as active duty members of the uniformed new text end 104.32 new text begin services. new text end 104.33 new text begin ARTICLE IV new text end 104.34 new text begin EDUCATIONAL RECORDS AND ENROLLMENT new text end 104.35 new text begin A. Unofficial or "hand-carried" education records - In the event that official new text end 104.36 new text begin education records cannot be released to the parents for the purpose of transfer, the new text end 105.1 new text begin custodian of the records in the sending state shall prepare and furnish to the parent new text end 105.2 new text begin a complete set of unofficial educational records containing uniform information as new text end 105.3 new text begin determined by the Interstate Commission. Upon receipt of the unofficial education records new text end 105.4 new text begin by a school in the receiving state, the school shall enroll and appropriately place the new text end 105.5 new text begin student based on the information provided in the unofficial records pending validation by new text end 105.6 new text begin the official records, as quickly as possible. new text end 105.7 new text begin B. Official education records/transcripts - Simultaneous with the enrollment and new text end 105.8 new text begin conditional placement of the student, the school in the receiving state shall request the new text end 105.9 new text begin student's official education record from the school in the sending state. Upon receipt of new text end 105.10 new text begin this request, the school in the sending state will process and furnish the official education new text end 105.11 new text begin records to the school in the receiving state within ten days or within such time as new text end 105.12 new text begin reasonably determined under rules promulgated by the Interstate Commission. new text end 105.13 new text begin C. Immunizations - Compacting states shall give 30 days from the date of enrollment new text end 105.14 new text begin or within such time as is reasonably determined under the rules promulgated by the new text end 105.15 new text begin Interstate Commission, for students to obtain any immunization(s) required by the new text end 105.16 new text begin receiving state. For a series of immunizations, initial vaccinations must be obtained within new text end 105.17 new text begin 30 days or within such time as is reasonably determined under the rules promulgated by new text end 105.18 new text begin the Interstate Commission. new text end 105.19 new text begin D. Kindergarten and first grade entrance age - Students shall be allowed to continue new text end 105.20 new text begin their enrollment at grade level in the receiving state commensurate with their grade level new text end 105.21 new text begin (including kindergarten) from a local education agency in the sending state at the time of new text end 105.22 new text begin transition, regardless of age. A student that has satisfactorily completed the prerequisite new text end 105.23 new text begin grade level in the local education agency in the sending state shall be eligible for enrollment new text end 105.24 new text begin in the next highest grade level in the receiving state, regardless of age. A student new text end 105.25 new text begin transferring after the start of the school year in the receiving state shall enter the school in new text end 105.26 new text begin the receiving state on their validated level from an accredited school in the sending state. new text end 105.27 new text begin ARTICLE V new text end 105.28 new text begin PLACEMENT AND ATTENDANCE new text end 105.29 new text begin A. Course placement - When the student transfers before or during the school year, new text end 105.30 new text begin the receiving state school shall initially honor placement of the student in educational new text end 105.31 new text begin courses based on the student's enrollment in the sending state school and/or educational new text end 105.32 new text begin assessments conducted at the school in the sending state if the courses are offered. Course new text end 105.33 new text begin placement includes but is not limited to Honors, International Baccalaureate, Advanced new text end 105.34 new text begin Placement, vocational, technical, and career pathways courses. Continuing the student's new text end 105.35 new text begin academic program from the previous school and promoting placement in academically and new text end 105.36 new text begin career challenging courses should be paramount when considering placement. This does new text end 106.1 new text begin not preclude the school in the receiving state from performing subsequent evaluations to new text end 106.2 new text begin ensure appropriate placement and continued enrollment of the student in the course(s). new text end 106.3 new text begin B. Educational program placement - The receiving state school shall initially honor new text end 106.4 new text begin placement of the student in educational programs based on the current educational new text end 106.5 new text begin assessments conducted at the school in the sending state or participation/placement in new text end 106.6 new text begin like programs in the sending state. Such programs include, but are not limited to: (1) new text end 106.7 new text begin gifted and talented programs; and (2) English as a second language (ESL). This does not new text end 106.8 new text begin preclude the school in the receiving state from performing subsequent evaluations to new text end 106.9 new text begin ensure appropriate placement of the student. new text end 106.10 new text begin C. Special education services - (1) in compliance with the federal requirements of the new text end 106.11 new text begin Individuals with Disabilities Education Act (IDEA), United States Code Annotated, Title new text end 106.12 new text begin 20, section 1400 et seq., the receiving state shall initially provide comparable services to a new text end 106.13 new text begin student with disabilities based on his/her current Individualized Education Program (IEP); new text end 106.14 new text begin and (2) in compliance with the requirements of Section 504 of the Rehabilitation Act, new text end 106.15 new text begin United States Code Annotated, title 29, section 794, and with Title II of the Americans new text end 106.16 new text begin with Disabilities Act, United States Code Annotated, title 42, sections 12131 to12165, new text end 106.17 new text begin the receiving state shall make reasonable accommodations and modifications to address new text end 106.18 new text begin the needs of incoming students with disabilities, subject to an existing 504 or Title II new text end 106.19 new text begin Plan, to provide the student with equal access to education. This does not preclude the new text end 106.20 new text begin school in the receiving state from performing subsequent evaluations to ensure appropriate new text end 106.21 new text begin placement of the student. new text end 106.22 new text begin D. Placement flexibility - Local education agency administrative officials shall have new text end 106.23 new text begin flexibility in waiving course/program prerequisites, or other preconditions for placement new text end 106.24 new text begin in courses/programs offered under the jurisdiction of the local education agency. new text end 106.25 new text begin E. Absence as related to deployment activities - A student whose parent or legal new text end 106.26 new text begin guardian is an active duty member of the uniformed services, as defined by the compact, new text end 106.27 new text begin and has been called to duty for, is on leave from, or immediately returned from deployment new text end 106.28 new text begin to a combat zone or combat support posting, shall be granted additional excused absences new text end 106.29 new text begin at the discretion of the local education agency superintendent to visit with his or her parent new text end 106.30 new text begin or legal guardian relative to such leave or deployment of the parent or guardian. new text end 106.31 new text begin ARTICLE VI new text end 106.32 new text begin ELIGIBILITY new text end 106.33 new text begin A. Eligibility for enrollment new text end 106.34 new text begin 1. Special power of attorney, relative to the guardianship of a child of a military new text end 106.35 new text begin family and executed under applicable law shall be sufficient for the purposes of enrollment new text end 106.36 new text begin and all other actions requiring parental participation and consent. new text end 107.1 new text begin 2. A local education agency shall be prohibited from charging local tuition to a new text end 107.2 new text begin transitioning military child placed in the care of a noncustodial parent or other person new text end 107.3 new text begin standing in loco parentis who lives in a jurisdiction other than that of the custodial parent. new text end 107.4 new text begin 3. A transitioning military child, placed in the care of a noncustodial parent or new text end 107.5 new text begin other person standing in loco parentis who lives in a jurisdiction other than that of the new text end 107.6 new text begin custodial parent, may continue to attend the school in which he/she was enrolled while new text end 107.7 new text begin residing with the custodial parent. new text end 107.8 new text begin B. Eligibility for extracurricular participation - State and local education new text end 107.9 new text begin agencies shall facilitate the opportunity for transitioning military children's inclusion new text end 107.10 new text begin in extracurricular activities, regardless of application deadlines, to the extent they are new text end 107.11 new text begin otherwise qualified. new text end 107.12 new text begin ARTICLE VII new text end 107.13 new text begin GRADUATION new text end 107.14 new text begin In order to facilitate the on-time graduation of children of military families, states new text end 107.15 new text begin and local education agencies shall incorporate the following procedures: new text end 107.16 new text begin A. Waiver requirements - Local education agency administrative officials shall waive new text end 107.17 new text begin specific courses required for graduation if similar coursework has been satisfactorily new text end 107.18 new text begin completed in another local education agency or shall provide reasonable justification for new text end 107.19 new text begin denial. Should a waiver not be granted to a student who would qualify to graduate from new text end 107.20 new text begin the sending school, the local education agency shall provide an alternative means of new text end 107.21 new text begin acquiring required coursework so that graduation may occur on time. new text end 107.22 new text begin B. Exit exams - States shall accept: (1) exit or end-of-course exams required for new text end 107.23 new text begin graduation from the sending state, (2) national norm-referenced achievement tests, or (3) new text end 107.24 new text begin alternative testing, in lieu of testing requirements for graduation in the receiving state. new text end 107.25 new text begin In the event the above alternatives cannot be accommodated by the receiving state for a new text end 107.26 new text begin student transferring in his or her senior year, then the provisions of Article VII, Section new text end 107.27 new text begin C shall apply. new text end 107.28 new text begin C. Transfers during senior year - Should a military student transferring at the new text end 107.29 new text begin beginning or during his or her senior year be ineligible to graduate from the receiving local new text end 107.30 new text begin education agency after all alternatives have been considered, the sending and receiving new text end 107.31 new text begin local education agencies shall ensure the receipt of a diploma from the sending local new text end 107.32 new text begin education agency, if the student meets the graduation requirements of the sending local new text end 107.33 new text begin education agency. In the event that one of the states in question is not a member of this new text end 107.34 new text begin compact, the member state shall use best efforts to facilitate the on-time graduation of the new text end 107.35 new text begin student in accordance with Sections A and B of this Article. new text end 107.36 new text begin ARTICLE VIII new text end 108.1 new text begin STATE COORDINATION new text end 108.2 new text begin A. Each member state shall, through the creation of a State Council or use of an new text end 108.3 new text begin existing body or board, provide for the coordination among its agencies of government, new text end 108.4 new text begin local education agencies, and military installations concerning the state's participation in, new text end 108.5 new text begin and compliance with, this compact and Interstate Commission activities. While each new text end 108.6 new text begin member state may determine the membership of its own State Council, its membership new text end 108.7 new text begin must include at least: the state superintendent of education, superintendent of a school new text end 108.8 new text begin district with a high concentration of military children, representative from a military new text end 108.9 new text begin installation, one representative each from the legislative and executive branches of new text end 108.10 new text begin government, and other offices and stakeholder groups the State Council deems appropriate. new text end 108.11 new text begin A member state that does not have a school district deemed to contain a high concentration new text end 108.12 new text begin of military children may appoint a superintendent from another school district to represent new text end 108.13 new text begin local education agencies on the State Council. new text end 108.14 new text begin B. The State Council of each member state shall appoint or designate a military new text end 108.15 new text begin family education liaison to assist military families and the state in facilitating the new text end 108.16 new text begin implementation of this compact. new text end 108.17 new text begin C. The compact commissioner responsible for the administration and management new text end 108.18 new text begin of the state's participation in the compact shall be appointed by the governor or as new text end 108.19 new text begin otherwise determined by each member state. new text end 108.20 new text begin D. The compact commissioner and the military family education liaison designated new text end 108.21 new text begin herein shall be ex-officio members of the State Council, unless either is already a full new text end 108.22 new text begin voting member of the State council. new text end 108.23 new text begin ARTICLE IX new text end 108.24 new text begin INTERSTATE COMMISSION ON EDUCATIONAL OPPORTUNITY new text end 108.25 new text begin FOR MILITARY CHILDREN new text end 108.26 new text begin The member states hereby create the "Interstate Commission on Educational new text end 108.27 new text begin Opportunity for Military Children." The activities of the Interstate Commission are new text end 108.28 new text begin the formation of public policy and are a discretionary state function. The Interstate new text end 108.29 new text begin Commission shall: new text end 108.30 new text begin A. Be a body corporate and joint agency of the member states and shall have all the new text end 108.31 new text begin responsibilities, powers, and duties set forth herein, and such additional powers as may be new text end 108.32 new text begin conferred upon it by a subsequent concurrent action of the respective legislatures of the new text end 108.33 new text begin member states in accordance with the terms of this compact. new text end 108.34 new text begin B. Consist of one Interstate Commission voting representative from each member new text end 108.35 new text begin state who shall be that state's compact commissioner. new text end 108.36 new text begin 1. Each member state represented at a meeting of the Interstate Commission is new text end 108.37 new text begin entitled to one vote. new text end 109.1 new text begin 2. A majority of the total member states shall constitute a quorum for the transaction new text end 109.2 new text begin of business, unless a larger quorum is required by the bylaws of the Interstate Commission. new text end 109.3 new text begin 3. A representative shall not delegate a vote to another member state. In the event new text end 109.4 new text begin the compact commissioner is unable to attend a meeting of the Interstate Commission, new text end 109.5 new text begin the Governor or State Council may delegate voting authority to another person from new text end 109.6 new text begin their state for a specified meeting. new text end 109.7 new text begin 4. The bylaws may provide for meetings of the Interstate Commission to be new text end 109.8 new text begin conducted by telecommunication or electronic communication. new text end 109.9 new text begin C. Consist of ex-officio, nonvoting representatives who are members of interested new text end 109.10 new text begin organizations. Such ex-officio members, as defined in the bylaws, may include, but not new text end 109.11 new text begin be limited to, members of the representative organizations of military family advocates, new text end 109.12 new text begin local education agency officials, parent and teacher groups, the United States Department new text end 109.13 new text begin of Defense, the Education Commission of the States, the Interstate Agreement on the new text end 109.14 new text begin Qualification of Educational Personnel, and other interstate compacts affecting the new text end 109.15 new text begin education of children of military members. new text end 109.16 new text begin D. Meet at least once each calendar year. The chairperson may call additional new text end 109.17 new text begin meetings and, upon the request of a simple majority of the member states, shall call new text end 109.18 new text begin additional meetings. new text end 109.19 new text begin E. Establish an executive committee, whose members shall include the officers of the new text end 109.20 new text begin Interstate Commission and such other members of the Interstate Commission as determined new text end 109.21 new text begin by the bylaws. Members of the executive committee shall serve a one-year term. Members new text end 109.22 new text begin of the executive committee shall be entitled to one vote each. The executive committee new text end 109.23 new text begin shall have the power to act on behalf of the Interstate Commission, with the exception new text end 109.24 new text begin of rulemaking, during periods when the Interstate Commission is not in session. The new text end 109.25 new text begin executive committee shall oversee the day-to-day activities of the administration of the new text end 109.26 new text begin compact, including enforcement and compliance with the provisions of the compact, its new text end 109.27 new text begin bylaws and rules, and other such duties as deemed necessary. The U.S. Department of new text end 109.28 new text begin Defense, shall serve as an ex-officio, nonvoting member of the executive committee. new text end 109.29 new text begin F. Establish bylaws and rules that provide for conditions and procedures under which new text end 109.30 new text begin the Interstate Commission shall make its information and official records available to the new text end 109.31 new text begin public for inspection or copying. The Interstate Commission may exempt from disclosure new text end 109.32 new text begin information or official records to the extent they would adversely affect personal privacy new text end 109.33 new text begin rights or proprietary interests. new text end 109.34 new text begin G. Public notice shall be given by the Interstate Commission of all meetings and new text end 109.35 new text begin all meetings shall be open to the public, except as set forth in the rules or as otherwise new text end 109.36 new text begin provided in the compact. The Interstate Commission and its committees may close a new text end 110.1 new text begin meeting, or portion thereof, where it determines by two-thirds vote that an open meeting new text end 110.2 new text begin would be likely to: new text end 110.3 new text begin 1. Relate solely to the Interstate Commission's internal personnel practices and new text end 110.4 new text begin procedures; new text end 110.5 new text begin 2. Disclose matters specifically exempted from disclosure by federal and state statute; new text end 110.6 new text begin 3. Disclose trade secrets or commercial or financial information which is privileged new text end 110.7 new text begin or confidential; new text end 110.8 new text begin 4. Involve accusing a person of a crime, or formally censuring a person; new text end 110.9 new text begin 5. Disclose information of a personal nature where disclosure would constitute a new text end 110.10 new text begin clearly unwarranted invasion of personal privacy; new text end 110.11 new text begin 6. Disclose investigative records compiled for law enforcement purposes; or new text end 110.12 new text begin 7. Specifically relate to the Interstate Commission's participation in a civil action new text end 110.13 new text begin or other legal proceeding. new text end 110.14 new text begin H. For a meeting, or a portion of a meeting, closed pursuant to this provision, the new text end 110.15 new text begin Interstate Commission's legal counsel or designee shall certify that the meeting may be new text end 110.16 new text begin closed and shall reference each relevant exemptible provision. the Interstate Commission new text end 110.17 new text begin shall keep minutes which shall fully and clearly describe all matters discussed in a meeting new text end 110.18 new text begin and shall provide a full and accurate summary of actions taken, and the reasons therefore, new text end 110.19 new text begin including a description of the views expressed and the record of a roll call vote. All new text end 110.20 new text begin documents considered in connection with an action shall be identified in such minutes. All new text end 110.21 new text begin minutes and documents of a closed meeting shall remain under seal, subject to release by a new text end 110.22 new text begin majority vote of the Interstate Commission. new text end 110.23 new text begin I. The Interstate Commission shall collect standardized data concerning the new text end 110.24 new text begin educational transition of the children of military families under this compact as directed new text end 110.25 new text begin through its rules which shall specify the data to be collected, the means of collection, and new text end 110.26 new text begin data exchange and reporting requirements. Such methods of data collection, exchange, new text end 110.27 new text begin and reporting shall, insofar as is reasonably possible, conform to current technology and new text end 110.28 new text begin coordinate its information functions with the appropriate custodian of records as identified new text end 110.29 new text begin in the bylaws and rules. new text end 110.30 new text begin J. The Interstate Commission shall create a process that permits military officials, new text end 110.31 new text begin education officials, and parents to inform the Interstate Commission if and when there new text end 110.32 new text begin are alleged violations of the compact or its rules or when issues subject to the jurisdiction new text end 110.33 new text begin of the compact or its rules are not addressed by the state or local education agency. This new text end 110.34 new text begin section shall not be construed to create a private right of action against the Interstate new text end 110.35 new text begin Commission or any member state. new text end 110.36 new text begin ARTICLE X new text end 111.1 new text begin POWERS AND DUTIES OF THE INTERSTATE COMMISSION new text end 111.2 new text begin The Interstate commission shall have the following powers: new text end 111.3 new text begin A. To provide for dispute resolution among member states. new text end 111.4 new text begin B. To promulgate rules and take all necessary actions to effect the goals, purposes, new text end 111.5 new text begin and obligations as enumerated in this compact. The rules shall have the force and effect of new text end 111.6 new text begin statutory law and shall be binding in the compact states to the extent and in the manner new text end 111.7 new text begin provided in this compact. new text end 111.8 new text begin C. To issue, upon request of a member state, advisory opinions concerning the new text end 111.9 new text begin meaning or interpretation of the interstate compact, its bylaws, rules, and actions. new text end 111.10 new text begin D. To enforce compliance with the compact provisions, the rules promulgated by the new text end 111.11 new text begin Interstate Commission, and the bylaws, using all necessary and proper means, including new text end 111.12 new text begin but not limited to the use of judicial process. new text end 111.13 new text begin E. To establish and maintain offices which shall be located within one or more of new text end 111.14 new text begin the member states. new text end 111.15 new text begin F. To purchase and maintain insurance and bonds. new text end 111.16 new text begin G. To borrow, accept, hire, or contract for services of personnel. new text end 111.17 new text begin H. To establish and appoint committees including, but not limited to, an executive new text end 111.18 new text begin committee as required by Article IX, Section E, which shall have the power to act on new text end 111.19 new text begin behalf of the Interstate Commission in carrying out its powers and duties hereunder. new text end 111.20 new text begin I. To elect or appoint such officers, attorneys, employees, agents, or consultants, and new text end 111.21 new text begin to fix their compensation, define their duties, and determine their qualifications; and to new text end 111.22 new text begin establish the Interstate Commission's personnel policies and programs relating to conflicts new text end 111.23 new text begin of interest, rates of compensation, and qualifications of personnel. new text end 111.24 new text begin J. To accept any and all donations and grants of money, equipment, supplies, new text end 111.25 new text begin materials, and services, and to receive, utilize, and dispose of it. new text end 111.26 new text begin K. To lease, purchase, accept contributions or donations of, or otherwise to own, new text end 111.27 new text begin hold, improve, or use any property, real, personal, or mixed. new text end 111.28 new text begin L. To sell, convey, mortgage, pledge, lease, exchange, abandon, or otherwise dispose new text end 111.29 new text begin of any property, real, personal, or mixed. new text end 111.30 new text begin M. To establish a budget and make expenditures. new text end 111.31 new text begin N. To adopt a seal and bylaws governing the management and operation of the new text end 111.32 new text begin Interstate Commission. new text end 111.33 new text begin O. To report annually to the legislatures, governors, judiciary, and State Councils new text end 111.34 new text begin of the member states concerning the activities of the Interstate Commission during the new text end 111.35 new text begin preceding year. Such reports shall also include any recommendations that may have new text end 111.36 new text begin been adopted by the Interstate Commission. new text end 112.1 new text begin P. To coordinate education, training, and public awareness regarding the compact, its new text end 112.2 new text begin implementation and operation for officials and parents involved in such activity. new text end 112.3 new text begin Q. To establish uniform standards for the reporting, collecting, and exchanging of new text end 112.4 new text begin data. new text end 112.5 new text begin R. To maintain corporate books and records in accordance with the bylaws. new text end 112.6 new text begin S. To perform such functions as may be necessary or appropriate to achieve the new text end 112.7 new text begin purposes of this compact. new text end 112.8 new text begin T. To provide for the uniform collection and sharing of information between and new text end 112.9 new text begin among member states, schools, and military families under this compact. new text end 112.10 new text begin ARTICLE XI new text end 112.11 new text begin ORGANIZATION AND OPERATION OF THE INTERSTATE COMMISSION new text end 112.12 new text begin A. The Interstate Commission shall, by a majority of the members present and new text end 112.13 new text begin voting, within 12 months after the first interstate Commission meeting, adopt bylaws to new text end 112.14 new text begin govern its conduct as may be necessary or appropriate to carry out the purposes of the new text end 112.15 new text begin compact, including, but not limited to: new text end 112.16 new text begin 1. Establishing the fiscal year of the Interstate Commission; new text end 112.17 new text begin 2. Establishing an executive committee, and such other committees as may be new text end 112.18 new text begin necessary; new text end 112.19 new text begin 3. Providing for the establishment of committees and for governing any general or new text end 112.20 new text begin specific delegation of authority or function of the Interstate Commission; new text end 112.21 new text begin 4. Providing reasonable procedures for calling and conducting meetings of the new text end 112.22 new text begin Interstate Commission, and ensuring reasonable notice of each such meeting; new text end 112.23 new text begin 5. Establishing the titles and responsibilities of the officers and staff of the Interstate new text end 112.24 new text begin Commission; new text end 112.25 new text begin 6. Providing a mechanism for concluding the operations of the Interstate new text end 112.26 new text begin Commission and the return of surplus funds that may exist upon the termination of the new text end 112.27 new text begin compact after the payment and reserving of all of its debts and obligations. new text end 112.28 new text begin 7. Providing "start up" rules for initial administration of the compact. new text end 112.29 new text begin B. The Interstate Commission shall, by a majority of the members, elect annually new text end 112.30 new text begin from among its members a chairperson, a vice-chairperson, and a treasurer, each of whom new text end 112.31 new text begin shall have such authority and duties as may be specified in the bylaws. The chairperson or, new text end 112.32 new text begin in the chairperson's absence or disability, the vice-chairperson, shall preside at all meetings new text end 112.33 new text begin of the Interstate Commission. The officers so elected shall serve without compensation or new text end 112.34 new text begin remuneration from the Interstate Commission; provided that, subject to the availability new text end 112.35 new text begin of budgeted funds, the officers shall be reimbursed for ordinary and necessary costs and new text end 113.1 new text begin expenses incurred by them in the performance of their responsibilities as officers of the new text end 113.2 new text begin Interstate Commission. new text end 113.3 new text begin C. Executive Committee, Officers and Personnel new text end 113.4 new text begin 1. The executive committee shall have such authority and duties as may be set forth new text end 113.5 new text begin in the bylaws, including but not limited to: new text end 113.6 new text begin a. Managing the affairs of the Interstate Commission in a manner consistent with the new text end 113.7 new text begin bylaws and purposes of the Interstate Commission; new text end 113.8 new text begin b. Overseeing an organizational structure within, and appropriate procedures for, new text end 113.9 new text begin the Interstate Commission to provide for the creation of rules, operating procedures, and new text end 113.10 new text begin administrative and technical support functions; and new text end 113.11 new text begin c. Planning, implementing, and coordinating communications and activities with new text end 113.12 new text begin other state, federal, and local government organizations in order to advance the goals of new text end 113.13 new text begin the Interstate Commission. new text end 113.14 new text begin 2. The executive committee may, subject to the approval of the Interstate new text end 113.15 new text begin Commission, appoint or retain an executive director for such period, upon such terms and new text end 113.16 new text begin conditions and for compensation, as the Interstate Commission may deem appropriate. new text end 113.17 new text begin The executive director shall serve as secretary to the Interstate Commission, but shall not new text end 113.18 new text begin be a member of the Interstate Commission. The executive director shall hire and supervise new text end 113.19 new text begin such other persons as may be authorized by the Interstate Commission. new text end 113.20 new text begin D. The Interstate Commission's executive director and its employees shall be new text end 113.21 new text begin immune from suit and liability, either personally or in their official capacity, for a claim new text end 113.22 new text begin for damage to or loss of property or personal injury or other civil liability caused or arising new text end 113.23 new text begin out of or relating to an actual or alleged act, error, or omission that occurred, or that new text end 113.24 new text begin such person had a reasonable basis for believing occurred, within the scope of Interstate new text end 113.25 new text begin Commission employment, duties, or responsibilities; provided that such person shall new text end 113.26 new text begin not be protected from suit or liability for damage, loss, injury, or liability caused by the new text end 113.27 new text begin intentional or willful and wanton misconduct of such person. new text end 113.28 new text begin 1. The liability of the Interstate Commission's executive director and employees new text end 113.29 new text begin or Interstate Commission representatives, acting within the scope of such person's new text end 113.30 new text begin employment or duties for acts, errors, or omissions occurring within such person's state new text end 113.31 new text begin may not exceed the limits of liability set forth under the Constitution and laws of that state new text end 113.32 new text begin for state officials, employees, and agents. The Interstate Commission is considered to be an new text end 113.33 new text begin instrumentality of the states for the purposes of any such action. Nothing in this subsection new text end 113.34 new text begin shall be construed to protect such person from suit or liability for damage, loss, injury, or new text end 113.35 new text begin liability caused by the intentional or willful and wanton misconduct of such person. new text end 114.1 new text begin 2. The Interstate Commission shall defend the executive director and its employees new text end 114.2 new text begin and, subject to the approval of the attorney general or other appropriate legal counsel of the new text end 114.3 new text begin member state represented by an Interstate Commission representative, shall defend such new text end 114.4 new text begin Interstate Commission representative in any civil action seeking to impose liability arising new text end 114.5 new text begin out of an actual or alleged act, error, or omission that occurred within the scope of Interstate new text end 114.6 new text begin Commission employment, duties or responsibilities, or that the defendant had a reasonable new text end 114.7 new text begin basis for believing occurred within the scope of the Interstate Commission employment, new text end 114.8 new text begin duties, or responsibilities, provided that the actual or alleged act, error, or omission did not new text end 114.9 new text begin result from intentional or willful and wanton misconduct on the part of such person. new text end 114.10 new text begin 3. To the extent not covered by the state involved, member state, or the Interstate new text end 114.11 new text begin Commission, the representatives or employees of the Interstate Commission shall be held new text end 114.12 new text begin harmless in the amount of a settlement or judgment, including attorney fees and costs, new text end 114.13 new text begin obtained against such persons arising out of an actual or alleged act, error, or omission new text end 114.14 new text begin that occurred within the scope of the Interstate Commission employment, duties, or new text end 114.15 new text begin responsibilities, or that such persons had a reasonable basis for believing occurred within new text end 114.16 new text begin the scope of Interstate Commission employment, duties, or responsibilities, provided that new text end 114.17 new text begin the actual or alleged act, error, or omission did not result from intentional or willful and new text end 114.18 new text begin wanton misconduct on the part of such persons. new text end 114.19 new text begin ARTICLE XII new text end 114.20 new text begin RULEMAKING FUNCTIONS OF THE INTERSTATE COMMISSION new text end 114.21 new text begin A. Rulemaking Authority - The Interstate Commission shall promulgate reasonable new text end 114.22 new text begin rules in order to effectively and efficiently achieve the purposes of this Compact. new text end 114.23 new text begin Notwithstanding the foregoing, in the event the Interstate Commission exercises its new text end 114.24 new text begin rulemaking authority in a manner that is beyond the scope of the purposes of this Act, or new text end 114.25 new text begin the powers granted hereunder, then such an action by the Interstate Commission shall be new text end 114.26 new text begin invalid and have no force or effect. new text end 114.27 new text begin B. Rulemaking Procedure - Rules shall be made pursuant to a rulemaking process new text end 114.28 new text begin that substantially conforms to the "Model State Administrative Procedure Act," of 1981 new text end 114.29 new text begin Act, Uniform Laws Annotated, Vol. 15, p.1 (2000) as amended, as may be appropriate to new text end 114.30 new text begin the operations of the Interstate Commission. new text end 114.31 new text begin C. Not later than 30 days after a rule is promulgated, any person may file a petition new text end 114.32 new text begin for judicial review of the rule; provided that the filing of such a petition shall not stay new text end 114.33 new text begin or otherwise prevent the rule from becoming effective unless the court finds that the new text end 114.34 new text begin petitioner has a substantial likelihood of success. The court shall give deference to new text end 114.35 new text begin the actions of the Interstate Commission consistent with applicable law and shall not new text end 115.1 new text begin find the rule to be unlawful if the rule represents a reasonable exercise of the Interstate new text end 115.2 new text begin Commission's authority. new text end 115.3 new text begin D. If a majority of the legislatures of the compacting states reject a Rule by new text end 115.4 new text begin enactment of a statute or resolution in the same manner used to adopt the compact, then new text end 115.5 new text begin such rule shall have no further force and effect in any compacting state. new text end 115.6 new text begin ARTICLE XIII new text end 115.7 new text begin OVERSIGHT, ENFORCEMENT, AND DISPUTE RESOLUTION new text end 115.8 new text begin A. Oversight new text end 115.9 new text begin 1. The executive, legislative, and judicial branches of state government in each new text end 115.10 new text begin member state shall enforce this compact and shall take all actions necessary and new text end 115.11 new text begin appropriate to effectuate the compact's purposes and intent. The provisions of this compact new text end 115.12 new text begin and the rules promulgated hereunder shall have standing as statutory law. new text end 115.13 new text begin 2. All courts shall take judicial notice of the compact and the rules in any judicial or new text end 115.14 new text begin administrative proceeding in a member state pertaining to the subject matter of this compact new text end 115.15 new text begin which may affect the powers, responsibilities, or actions of the Interstate Commission. new text end 115.16 new text begin 3. The Interstate Commission shall be entitled to receive all service of process in any new text end 115.17 new text begin such proceeding, and shall have standing to intervene in the proceeding for all purposes. new text end 115.18 new text begin Failure to provide service of process to the Interstate Commission shall render a judgment new text end 115.19 new text begin or order void as to the Interstate Commission, this compact, or promulgated rules. new text end 115.20 new text begin B. Default, Technical Assistance, Suspension, and Termination - If the Interstate new text end 115.21 new text begin Commission determines that a member state has defaulted in the performance of its new text end 115.22 new text begin obligations or responsibilities under this compact, or the bylaws or promulgated rules, new text end 115.23 new text begin the Interstate Commission shall: new text end 115.24 new text begin 1. Provide written notice to the defaulting state and other member states of the new text end 115.25 new text begin nature of the default, the means of curing the default, and any action taken by the Interstate new text end 115.26 new text begin Commission. The Interstate Commission shall specify the conditions by which the new text end 115.27 new text begin defaulting state must cure its default. new text end 115.28 new text begin 2. Provide remedial training and specific technical assistance regarding the default. new text end 115.29 new text begin 3. If the defaulting state fails to cure the default, the defaulting state shall be new text end 115.30 new text begin terminated from the compact upon an affirmative vote of a majority of the member states new text end 115.31 new text begin and all rights, privileges, and benefits conferred by this compact shall be terminated from new text end 115.32 new text begin the effective date of termination. A cure of the default does not relieve the offending state new text end 115.33 new text begin of obligations or liabilities incurred during the period of the default. new text end 115.34 new text begin 4. Suspension or termination of membership in the compact shall be imposed only new text end 115.35 new text begin after all other means of securing compliance have been exhausted. Notice of intent new text end 115.36 new text begin to suspend or terminate shall be given by the Interstate Commission to the governor, new text end 116.1 new text begin the majority and minority leaders of the defaulting state's legislature, and each of the new text end 116.2 new text begin member states. new text end 116.3 new text begin 5. The state which has been suspended or terminated is responsible for all new text end 116.4 new text begin assessments, obligations, and liabilities incurred through the effective date of suspension new text end 116.5 new text begin or termination, including obligations, the performance of which extends beyond the new text end 116.6 new text begin effective date of suspension or termination. new text end 116.7 new text begin 6. The Interstate Commission shall not bear any costs relating to any state that has new text end 116.8 new text begin been found to be in default or which has been suspended or terminated from the compact, new text end 116.9 new text begin unless otherwise mutually agreed upon in writing between the Interstate Commission new text end 116.10 new text begin and the defaulting state. new text end 116.11 new text begin 7. The defaulting state may appeal the action of the Interstate Commission by new text end 116.12 new text begin petitioning the United States District Court for the District of Columbia or the federal new text end 116.13 new text begin district where the Interstate Commission has its principle offices. The prevailing party new text end 116.14 new text begin shall be awarded all costs of such litigation including reasonable attorney fees. new text end 116.15 new text begin C. Dispute Resolution new text end 116.16 new text begin 1. The Interstate Commission shall attempt, upon the request of a member state, to new text end 116.17 new text begin resolve disputes which are subject to the compact and which may arise among member new text end 116.18 new text begin states and between member and nonmember states. new text end 116.19 new text begin 2. The Interstate Commission shall promulgate a rule providing for both mediation new text end 116.20 new text begin and nonbinding dispute resolution for disputes as appropriate. new text end 116.21 new text begin D. Enforcement new text end 116.22 new text begin 1. The Interstate Commission, in the reasonable exercise of its discretion, shall new text end 116.23 new text begin enforce the provisions and rules of this compact. new text end 116.24 new text begin 2. The Interstate Commission may, by majority vote of the members, initiate legal new text end 116.25 new text begin action in the United States District Court for the District of Columbia or, at the discretion new text end 116.26 new text begin of the Interstate Commission, in the federal district where the Interstate Commission new text end 116.27 new text begin has its principal offices, to enforce compliance with the provisions of the compact, its new text end 116.28 new text begin promulgated rules and bylaws, against a member state in default. The relief sought may new text end 116.29 new text begin include both injunctive relief and damages. new text end 116.30 new text begin 3. The remedies herein shall not be the exclusive remedies of the Interstate new text end 116.31 new text begin Commission. The Interstate Commission may avail itself of any other remedies available new text end 116.32 new text begin under state law or the regulation of a profession. new text end 116.33 new text begin ARTICLE XIV new text end 116.34 new text begin FINANCING OF THE INTERSTATE COMMISSION new text end 116.35 new text begin A. The Interstate Commission shall pay, or provide for the payment of the reasonable new text end 116.36 new text begin expenses of its establishment, organization, and ongoing activities. new text end 117.1 new text begin B. The Interstate Commission may levy on and collect an annual assessment from new text end 117.2 new text begin each member state to cover the cost of the operations and activities of the Interstate new text end 117.3 new text begin Commission and its staff which must be in a total amount sufficient to cover the Interstate new text end 117.4 new text begin Commission's annual budget as approved each year. The aggregate annual assessment new text end 117.5 new text begin amount shall be allocated based upon a formula to be determined by the Interstate new text end 117.6 new text begin Commission, which shall promulgate a rule binding upon all member states. new text end 117.7 new text begin C. The Interstate Commission shall not incur obligations of any kind prior to securing new text end 117.8 new text begin the funds adequate to meet the same; nor shall the Interstate Commission pledge the credit new text end 117.9 new text begin of any of the member states, except by and with the authority of the member state. new text end 117.10 new text begin D. The Interstate Commission shall keep accurate accounts of all receipts and new text end 117.11 new text begin disbursements. The receipts and disbursements of the Interstate Commission shall be new text end 117.12 new text begin subject to the audit and accounting procedures established under its bylaws. However, new text end 117.13 new text begin all receipts and disbursements of funds handled by the Interstate Commission shall be new text end 117.14 new text begin audited yearly by a certified or licensed public accountant and the report of the audit shall new text end 117.15 new text begin be included in and become part of the annual report of the Interstate Commission. new text end 117.16 new text begin ARTICLE XV new text end 117.17 new text begin MEMBER STATES, EFFECTIVE DATE, AND AMENDMENT new text end 117.18 new text begin A. Any state is eligible to become a member state. new text end 117.19 new text begin B. The compact shall become effective and binding upon legislative enactment of the new text end 117.20 new text begin compact into law by no less than ten of the states. The effective date shall be no earlier than new text end 117.21 new text begin December 1, 2007. Thereafter, it shall become effective and binding as to any other member new text end 117.22 new text begin state upon enactment of the compact into law by that state. The governors of nonmember new text end 117.23 new text begin states or their designees shall be invited to participate in the activities of the Interstate new text end 117.24 new text begin Commission on a nonvoting basis prior to the adoption of the compact by all states. new text end 117.25 new text begin C. The Interstate Commission may propose amendments to the compact for new text end 117.26 new text begin enactment by the member states. No amendment shall become effective and binding upon new text end 117.27 new text begin the Interstate Commission and the member states unless and until it is enacted into law by new text end 117.28 new text begin unanimous consent of the member states. new text end 117.29 new text begin ARTICLE XVI new text end 117.30 new text begin WITHDRAWAL AND DISSOLUTION new text end 117.31 new text begin A. Withdrawal new text end 117.32 new text begin 1. Once effective, the compact shall continue in force and remain binding upon each new text end 117.33 new text begin and every member state; provided that a member state may withdraw from the compact new text end 117.34 new text begin specifically repealing the statute, which enacted the compact into law. new text end 117.35 new text begin 2. Withdrawal from this compact shall be by the enactment of a statute repealing new text end 117.36 new text begin the same, but shall not take effect until one year after the effective date of such statute new text end 118.1 new text begin and until written notice of the withdrawal has been given by the withdrawing state to the new text end 118.2 new text begin governor of each other member jurisdiction. new text end 118.3 new text begin 3. The withdrawing state shall immediately notify the chairperson of the Interstate new text end 118.4 new text begin Commission in writing upon the introduction of legislation repealing this compact in the new text end 118.5 new text begin withdrawing state. The Interstate Commission shall notify the other member states of the new text end 118.6 new text begin withdrawing state's intent to withdraw within 60 days of its receipt thereof. new text end 118.7 new text begin 4. The withdrawing state is responsible for all assessments, obligations and liabilities new text end 118.8 new text begin incurred through the effective date of withdrawal, including obligations, the performance new text end 118.9 new text begin of which extend beyond the effective date of withdrawal. new text end 118.10 new text begin 5. Reinstatement following withdrawal of a member state shall occur upon the new text end 118.11 new text begin withdrawing state reenacting the compact or upon such later date as determined by the new text end 118.12 new text begin Interstate Commission. new text end 118.13 new text begin B. Dissolution of Compact new text end 118.14 new text begin 1. This compact shall dissolve effective upon the date of the withdrawal or default new text end 118.15 new text begin of the member state which reduces the membership in the compact to one member state. new text end 118.16 new text begin 2. Upon he dissolution of this compact, the compact becomes null and void and shall new text end 118.17 new text begin be of no further force or effect, and the business and affairs of the Interstate Commission new text end 118.18 new text begin shall be concluded and surplus funds shall be distributed in accordance with the bylaws. new text end 118.19 new text begin ARTICLE XVII new text end 118.20 new text begin SEVERABILITY AND CONSTRUCTION new text end 118.21 new text begin A. The provisions of this compact shall be severable, and if any phrase, clause, new text end 118.22 new text begin sentence, or provision is deemed unenforceable, the remaining provisions of the compact new text end 118.23 new text begin shall be enforceable. new text end 118.24 new text begin B. The provisions of this compact shall be liberally construed to effectuate its new text end 118.25 new text begin purposes. new text end 118.26 new text begin C. Nothing in this compact shall be construed to prohibit the applicability of other new text end 118.27 new text begin interstate compacts to which the states are members. new text end 118.28 new text begin ARTICLE XVIII new text end 118.29 new text begin BINDING EFFECT OF COMPACT AND OTHER LAWS new text end 118.30 new text begin A. Other Laws new text end 118.31 new text begin 1. Nothing herein prevents the enforcement of any other law of a member state new text end 118.32 new text begin that is not inconsistent with this compact. new text end 118.33 new text begin 2. All member states' laws conflicting with this compact are superseded to the new text end 118.34 new text begin extent of the conflict. new text end 118.35 new text begin B. Binding Effect of the Compact new text end 119.1 new text begin 1. All lawful actions of the Interstate Commission, including all rules and bylaws new text end 119.2 new text begin promulgated by the Interstate Commission, are binding upon the member states. new text end 119.3 new text begin 2. All agreements between the Interstate Commission and the member states are new text end 119.4 new text begin binding in accordance with their terms. new text end 119.5 new text begin 3. In the event any provision of this compact exceeds the constitutional limits new text end 119.6 new text begin imposed on the legislature of any member state, such provision shall be ineffective to the new text end 119.7 new text begin extent of the conflict with the constitutional provision in question in that member state. new text end 119.8    Sec. 3. new text begin MILITARY-CONNECTED YOUTH IDENTIFIER. new text end 119.9 new text begin (a) When a school district updates its enrollment forms in the ordinary course new text end 119.10 new text begin of business, the district must include a box on the enrollment form to allow students new text end 119.11 new text begin to self-identify as a military-connected youth. For purposes of this section, a new text end 119.12 new text begin "military-connected youth" means having an immediate family member, including a new text end 119.13 new text begin parent or sibling, who is currently in the armed forces either as a reservist or on active new text end 119.14 new text begin duty or has recently retired from the armed forces. new text end 119.15 new text begin (b) Data collected under this section is private data on individuals, as defined in new text end 119.16 new text begin Minnesota Statutes, section 13.02, subdivision 12, but summary data may be published new text end 119.17 new text begin by the Department of Education. new text end 119.18ARTICLE 9 119.19UNSESSION CHANGES 119.20    Section 1. Minnesota Statutes 2012, section 121A.36, is amended to read: 119.21121A.36 MOTORCYCLE SAFETY EDUCATION PROGRAM. 119.22    Subdivision 1. Established; administration; rules. A motorcycle safety education 119.23program is established. The program shall be administered by the commissioners 119.24 new text begin commissioner new text end of public safety and education. The program shall include but is not limited 119.25to training and coordination of motorcycle safety instructors, motorcycle safety promotion 119.26and public information, and reimbursement for the cost of approved courses offered by 119.27schools and organizations. 119.28    Subd. 2. Reimbursements. The commissioner of education new text begin public safety new text end , to the 119.29extent that funds are available, may reimburse schools and other approved organizations 119.30offering approved motorcycle safety education courses for up to 50 percent of the actual 119.31cost of the courses. If sufficient funds are not available, reimbursements shall be prorated. 119.32The commissioner may conduct audits and otherwise examine the records and accounts of 119.33schools and approved organizations offering the courses to insure the accuracy of the costs. 120.1    Subd. 3. Appropriation. (a) All funds in the motorcycle safety fund created by 120.2section 171.06, subdivision 2a, are hereby annually appropriated to the commissioner of 120.3public safety to carry out the purposes of subdivisions 1 and 2. The commissioner of 120.4public safety may make grants from the fund to the commissioner of education at such 120.5times and in such amounts as the commissioner deems necessary to carry out the purposes 120.6of subdivisions 1 and 2. 120.7(b) Of the money appropriated under paragraph (a): 120.8(1) not more than five percent shall be expended to defray the administrative costs 120.9of carrying out the purposes of subdivisions 1 and 2; and 120.10(2) not more than 65 percent shall be expended for the combined purpose of 120.11training and coordinating the activities of motorcycle safety instructors and making 120.12reimbursements to schools and other approved organizations. 120.13    Sec. 2. Minnesota Statutes 2012, section 124D.141, subdivision 2, is amended to read: 120.14    Subd. 2. Additional duties. The following duties are added to those assigned 120.15to the council under federal law: 120.16    (1) make recommendations on the most efficient and effective way to leverage state 120.17and federal funding streams for early childhood and child care programs; 120.18    (2) make recommendations on how to coordinate or colocate early childhood and 120.19child care programs in one state Office of Early Learning. The council shall establish a task 120.20force to develop these recommendations. The task force shall include two nonexecutive 120.21branch or nonlegislative branch representatives from the council; six representatives from 120.22the early childhood caucus; two representatives each from the Departments of Education, 120.23Human Services, and Health; one representative each from a local public health agency, a 120.24local county human services agency, and a school district; and two representatives from 120.25the private nonprofit organizations that support early childhood programs in Minnesota. 120.26In developing recommendations in coordination with existing efforts of the council, the 120.27task force shall consider how to: 120.28(i) consolidate and coordinate resources and public funding streams for early 120.29childhood education and child care, and ensure the accountability and coordinated 120.30development of all early childhood education and child care services to children from birth 120.31to kindergarten entrance; 120.32(ii) create a seamless transition from early childhood programs to kindergarten; 120.33(iii) encourage family choice by ensuring a mixed system of high-quality public and 120.34private programs, with local points of entry, staffed by well-qualified professionals; 121.1(iv) ensure parents a decisive role in the planning, operation, and evaluation of 121.2programs that aid families in the care of children; 121.3(v) provide consumer education and accessibility to early childhood education 121.4and child care resources; 121.5(vi) advance the quality of early childhood education and child care programs in order 121.6to support the healthy development of children and preparation for their success in school; 121.7(vii) develop a seamless service delivery system with local points of entry for early 121.8childhood education and child care programs administered by local, state, and federal 121.9agencies; 121.10(viii) ensure effective collaboration between state and local child welfare programs 121.11and early childhood mental health programs and the Office of Early Learning; 121.12(ix) develop and manage an effective data collection system to support the necessary 121.13functions of a coordinated system of early childhood education and child care in order to 121.14enable accurate evaluation of its impact; 121.15(x) respect and be sensitive to family values and cultural heritage; and 121.16(xi) establish the administrative framework for and promote the development of 121.17early childhood education and child care services in order to provide that these services, 121.18staffed by well-qualified professionals, are available in every community for all families 121.19that express a need for them. 121.20In addition, the task force must consider the following responsibilities for transfer 121.21to the Office of Early Learning: 121.22(A) responsibilities of the commissioner of education for early childhood education 121.23programs and financing under sections to , to , and 121.24 to ; 121.25(B) responsibilities of the commissioner of human services for child care assistance, 121.26child care development, and early childhood learning and child protection facilities 121.27programs and financing under chapter 119B and section ; and 121.28(C) responsibilities of the commissioner of health for family home visiting programs 121.29and financing under section . 121.30Any costs incurred by the council in making these recommendations must be paid 121.31from private funds. If no private funds are received, the council must not proceed in 121.32making these recommendations. The council must report its recommendations to the 121.33governor and the legislature by January 15, 2011; 121.34    (3) new text begin (2) new text end review program evaluations regarding high-quality early childhood programs; 121.35 new text begin and new text end 122.1    (4) new text begin (3) new text end make recommendations to the governor and legislature, including proposed 122.2legislation on how to most effectively create a high-quality early childhood system in 122.3Minnesota in order to improve the educational outcomes of children so that all children 122.4are school-ready by 2020; new text begin . new text end 122.5(5) make recommendations to the governor and the legislature by March 1, 2011, on 122.6the creation and implementation of a statewide school readiness report card to monitor 122.7progress toward the goal of having all children ready for kindergarten by the year 2020. 122.8The recommendations shall include what should be measured including both children and 122.9system indicators, what benchmarks should be established to measure state progress 122.10toward the goal, and how frequently the report card should be published. In making their 122.11recommendations, the council shall consider the indicators and strategies for Minnesota's 122.12early childhood system report, the Minnesota school readiness study, developmental 122.13assessment at kindergarten entrance, and the work of the council's accountability 122.14committee. Any costs incurred by the council in making these recommendations must be 122.15paid from private funds. If no private funds are received, the council must not proceed in 122.16making these recommendations; and 122.17(6) make recommendations to the governor and the legislature on how to screen 122.18earlier and comprehensively assess children for school readiness in order to provide 122.19increased early interventions and increase the number of children ready for kindergarten. 122.20In formulating their recommendations, the council shall consider (i) ways to interface 122.21with parents of children who are not participating in early childhood education or care 122.22programs, (ii) ways to interface with family child care providers, child care centers, and 122.23school-based early childhood and Head Start programs, (iii) if there are age-appropriate 122.24and culturally sensitive screening and assessment tools for three-, four-, and five-year-olds, 122.25(iv) the role of the medical community in screening, (v) incentives for parents to have 122.26children screened at an earlier age, (vi) incentives for early education and care providers 122.27to comprehensively assess children in order to improve instructional practice, (vii) how to 122.28phase in increases in screening and assessment over time, (viii) how the screening and 122.29assessment data will be collected and used and who will have access to the data, (ix) 122.30how to monitor progress toward the goal of having 50 percent of three-year-old children 122.31screened and 50 percent of entering kindergarteners assessed for school readiness by 2015 122.32and 100 percent of three-year-old children screened and entering kindergarteners assessed 122.33for school readiness by 2020, and (x) costs to meet these benchmarks. The council shall 122.34consider the screening instruments and comprehensive assessment tools used in Minnesota 122.35early childhood education and care programs and kindergarten. The council may survey 122.36early childhood education and care programs in the state to determine the screening and 123.1assessment tools being used or rely on previously collected survey data, if available. For 123.2purposes of this subdivision, "school readiness" is defined as the child's skills, knowledge, 123.3and behaviors at kindergarten entrance in these areas of child development: social; 123.4self-regulation; cognitive, including language, literacy, and mathematical thinking; and 123.5physical. For purposes of this subdivision, "screening" is defined as the activities used to 123.6identify a child who may need further evaluation to determine delay in development or 123.7disability. For purposes of this subdivision, "assessment" is defined as the activities used 123.8to determine a child's level of performance in order to promote the child's learning and 123.9development. Work on this duty will begin in fiscal year 2012. Any costs incurred by the 123.10council in making these recommendations must be paid from private funds. If no private 123.11funds are received, the council must not proceed in making these recommendations. The 123.12council must report its recommendations to the governor and legislature by January 15, 123.132013, with an interim report on February 15, 2011. 123.14    Sec. 3. Minnesota Statutes 2012, section 124D.141, subdivision 3, is amended to read: 123.15    Subd. 3. Administration. An amount up to $12,500 from federal child care and 123.16development fund administrative funds and up to $12,500 from prekindergarten exploratory 123.17project funds appropriated under Laws 2007, chapter 147, article 19, section 3, may be 123.18used to reimburse the parents on the council and for technical assistance and administrative 123.19support of the State Advisory Council on Early Childhood Education and Care. This 123.20funding stream is for fiscal year 2009. The council may pursue additional funds from state, 123.21federal, and private sources. If additional operational funds are received, the council must 123.22reduce the amount of prekindergarten exploratory project funds used in an equal amount. 123.23    Sec. 4. new text begin REVISOR'S INSTRUCTION. new text end 123.24 new text begin The revisor of statutes shall renumber Minnesota Statutes, section 121A.36, as new text end 123.25 new text begin section 171.335. The revisor of statutes shall also make cross-reference changes in new text end 123.26 new text begin Minnesota Statutes and Minnesota Rules consistent with the renumbering. new text end 123.27    Sec. 5. new text begin REPEALER. new text end 123.28 new text begin Minnesota Statutes 2012, sections 119A.04, subdivision 3; 120A.30; 120B.19; new text end 123.29 new text begin 120B.24; 121A.17, subdivision 9; 122A.52; 122A.53; 122A.61, subdivision 2; 122A.71; new text end 123.30 new text begin 124D.24; 124D.25; 124D.26; 124D.27; 124D.28; 124D.29; 124D.30; and 124D.31, new text end new text begin are new text end 123.31 new text begin repealed. new text end 124.1ARTICLE 10 124.2UNSESSION CONFORMING CHANGES 124.3    Section 1. Minnesota Statutes 2012, section 120A.22, subdivision 2, is amended to read: 124.4    Subd. 2. Applicability. This section and sections 120A.24; 120A.26; 120A.30; 124.5120A.32; and 120A.34 apply only to a child required to receive instruction according to 124.6subdivision 5 and to instruction that is intended to fulfill that requirement. 124.7    Sec. 2. Minnesota Statutes 2012, section 120A.32, is amended to read: 124.8120A.32 OFFICERS, TEACHERS; NEGLECT OF DUTY; PENALTY. 124.9Any school officer, truant officer, public or nonpublic school teacher, principal, 124.10district superintendent, or person providing instruction other than a parent refusing, 124.11willfully failing, or neglecting to perform any duty imposed by sections 120A.22 to 124.12 120A.30 new text begin 120A.26 new text end , 120A.35, 120A.41, and 123B.03 is guilty of a misdemeanor. All 124.13persons found guilty shall be punished for each offense by a fine of not more than $10 or 124.14by imprisonment for not more than ten days. All fines, when collected, shall be paid into 124.15the county treasury for the benefit of the school district in which the offense is committed. 124.16    Sec. 3. Minnesota Statutes 2012, section 122A.09, subdivision 7, is amended to read: 124.17    Subd. 7. Commissioner's assistance; board money. The commissioner shall 124.18provide all necessary materials and assistance for the transaction of the business of the 124.19Board of Teaching and all moneys received by the Board of Teaching shall be paid into 124.20the state treasury as provided by law. The expenses of administering sections 122A.01, 124.21122A.05 to 122A.09, 122A.15, 122A.16, 122A.17, 122A.18, 122A.20, 122A.21, 122A.22, 124.22122A.23 , 122A.26, 122A.30, 122A.40, 122A.41, 122A.42, 122A.45, 122A.49, 122A.52, 124.23122A.53, 122A.54, 122A.55, 122A.56, 122A.57, and 122A.58 which are incurred by the 124.24Board of Teaching shall be paid for from appropriations made to the Board of Teaching. 124.25    Sec. 4. Minnesota Statutes 2012, section 127A.41, subdivision 7, is amended to read: 124.26    Subd. 7. Schedule adjustments. (a) It is the intention of the legislature to encourage 124.27efficient and effective use of staff and facilities by districts. Districts are encouraged to 124.28consider both cost and energy saving measures. 124.29(b) Any district operating a program pursuant to sections 124D.12 to 124D.127, new text begin or new text end 124.30 124D.128, or 124D.25 to 124D.29, or operating a commissioner-designated area learning 124.31center program under section 123A.09, or that otherwise receives the approval of the 125.1commissioner to operate its instructional program to avoid an aid reduction in any year, 125.2may adjust the annual school schedule for that program throughout the calendar year.