1.1CONFERENCE COMMITTEE REPORT ON H. F. No. 844
1.2A bill for an act
1.3relating to education; providing for funding and policy in early childhood,
1.4kindergarten through grade 12, and adult education, including general education,
1.5education excellence, standards and assessments, charter schools, special
1.6education, facilities and technology, nutrition and accounting, libraries, early
1.7childhood education, prevention, self-sufficiency and lifelong learning, state
1.8agencies, and forecast adjustments; requiring rulemaking; appropriating money;
1.9amending Minnesota Statutes 2014, sections 5A.03; 16A.103, subdivision
1.101c; 120A.41; 120B.02, subdivision 2; 120B.021, subdivision 4; 120B.022,
1.11subdivisions 1, 1a, 1b; 120B.024, subdivision 2; 120B.11, subdivision 1a;
1.12120B.12, subdivision 4a; 120B.125; 120B.13, subdivision 4; 120B.30,
1.13subdivisions 1, 1a, 3; 120B.31, subdivision 4; 120B.36, subdivision 1; 121A.17,
1.14subdivision 5; 122A.09, subdivision 4, by adding subdivisions; 122A.14,
1.15subdivisions 3, 9, by adding a subdivision; 122A.18, subdivisions 2, 7c, 8;
1.16122A.20, subdivision 1; 122A.21, subdivisions 1, 2; 122A.23; 122A.245,
1.17subdivisions 1, 3, 7; 122A.25; 122A.30; 122A.31, subdivisions 1, 2; 122A.40,
1.18subdivisions 5, 8, 10, 11, 13; 122A.41, subdivisions 2, 5, 6, 14; 122A.414,
1.19subdivision 2; 122A.60; 122A.61, subdivision 1; 122A.69; 122A.70, subdivision
1.201; 123A.24, subdivision 1; 123A.75, subdivision 1; 123B.045; 123B.59,
1.21subdivisions 6, 7; 123B.77, subdivision 3; 123B.88, subdivision 1, by adding
1.22a subdivision; 124D.041, subdivisions 1, 2; 124D.09, subdivisions 5, 5a, 8, 9,
1.2312; 124D.091, subdivision 1; 124D.10, subdivisions 1, 3, 4, 8, 9, 12, 14, 16,
1.2423, by adding a subdivision; 124D.11, subdivisions 1, 9; 124D.121; 124D.122;
1.25124D.126, subdivision 1; 124D.127; 124D.128, subdivision 1; 124D.13;
1.26124D.135; 124D.16; 124D.165; 124D.531, subdivisions 1, 2, 3; 124D.73,
1.27subdivisions 3, 4; 124D.74, subdivisions 1, 3, 6; 124D.75, subdivisions 1, 3,
1.289; 124D.76; 124D.78; 124D.79, subdivisions 1, 2; 124D.791, subdivision
1.294; 124D.861; 124D.862; 125A.01; 125A.023, subdivisions 3, 4; 125A.027;
1.30125A.03; 125A.08; 125A.085; 125A.0942, subdivision 3; 125A.21; 125A.28;
1.31125A.63, subdivisions 2, 3, 4, 5; 125A.75, subdivision 9; 125A.76, subdivisions
1.321, 2c; 125B.26, subdivision 2; 126C.10, subdivisions 1, 2, 2a, 2e, 3, 13a, 18, 24;
1.33126C.13, subdivision 4; 126C.15, subdivisions 1, 2, 3; 126C.17, subdivisions
1.341, 2; 127A.05, subdivision 6; 127A.49, subdivision 1; 134.355, subdivisions 8,
1.359, 10; 135A.101, by adding a subdivision; 179A.20, by adding a subdivision;
1.36Laws 2013, chapter 116, article 1, section 58, subdivisions 2, as amended, 3, as
1.37amended, 4, as amended, 5, as amended, 6, as amended, 7, as amended, 11, as
1.38amended; article 3, section 37, subdivisions 3, as amended, 4, as amended, 5, as
1.39amended, 20, as amended; article 4, section 9, subdivision 2, as amended; article
1.405, section 31, subdivisions 2, as amended, 3, as amended, 4, as amended; article
1.416, section 12, subdivisions 2, as amended, 6, as amended; article 7, sections 19;
1.4221, subdivisions 2, as amended, 3, as amended, 4, as amended; article 8, section
1.435, subdivisions 3, as amended, 4, as amended, 14, as amended; Laws 2014,
2.1chapter 312, article 16, section 15; proposing coding for new law in Minnesota
2.2Statutes, chapters 119A; 121A; 122A; 124D; 125A; repealing Minnesota Statutes
2.32014, sections 120B.128; 122A.40, subdivision 11; 125A.63, subdivision 1;
2.4126C.12, subdivision 6; 126C.13, subdivisions 3a, 3b, 3c; 126C.41, subdivision
2.51; Minnesota Rules, part 3500.1000.
2.6May 17, 2015
2.7The Honorable Kurt L. Daudt
2.8Speaker of the House of Representatives
2.9The Honorable Sandra L. Pappas
2.10President of the Senate
2.11We, the undersigned conferees for H. F. No. 844 report that we have agreed upon the
2.12items in dispute and recommend as follows:
2.13That the Senate recede from its amendments and that H. F. No. 844 be further
2.14amended as follows:
2.15Delete everything after the enacting clause and insert:
2.16"
ARTICLE 1
2.17
GENERAL EDUCATION
2.18 Section 1. Minnesota Statutes 2014, section 124D.11, subdivision 1, is amended to read:
2.19 Subdivision 1.
General education revenue. new text begin (a)new text end General education revenue must
2.20be paid to a charter school as though it were a district. The general education revenue
2.21for each adjusted pupil unit is the state average general education revenue per pupil
2.22unit, plus the referendum equalization aid allowance in the pupil's district of residence,
2.23minus an amount equal to the product of the formula allowance according to section
2.24126C.10, subdivision 2
, times .0466, calculated without declining enrollment revenue,
2.25local optional revenue, basic skills revenue, extended time revenue, pension adjustment
2.26revenue, transition revenue, and transportation sparsity revenue, plus declining enrollment
2.27revenue, basic skills revenue, extended time revenue, pension adjustment revenue,
and
2.28transition revenue as though the school were a school district.
2.29
new text begin (b) For a charter school operating an extended day, extended week, or summer new text end
2.30
new text begin program,new text end the general education revenue for each extended time pupil unit equals $4,794
2.31
new text begin in paragraph (a) is increased by an amount equal to 25 percent of the statewide average
new text end
2.32
new text begin extended support revenue per pupil unitnew text end .
2.33
new text begin EFFECTIVE DATE.new text end new text begin This section is effective for fiscal year 2016 and later.new text end
2.34 Sec. 2. Minnesota Statutes 2014, section 124D.12, is amended to read:
2.35
124D.12 PURPOSE OF FLEXIBLE LEARNING YEAR PROGRAMS.
3.1Sections
124D.12 to
124D.127 authorize districts to evaluate, plan and employ
3.2the use of flexible learning year programs. It is anticipated that the open selection
of
3.3the type of flexible learning year operation from a variety of alternatives will allow
3.4each district seeking to utilize this concept to suitably fulfill the educational
needs of
3.5its pupils. These alternatives must include, but not be limited to, various 45-15
plans,
3.6four-quarter plans, quinmester plans, extended learning year plans,
new text begin and new text end flexible all-year
3.7plans, and four-day week plans.
new text begin A school district with an approved four-day week plan new text end
3.8
new text begin in the 2014-2015 school year may continue under a four-day week plan through the end
new text end
3.9
new text begin of the 2019-2020 school year. Future approvals are contingent upon meeting the school
new text end
3.10
new text begin district's performance goals established in the district's plan under section 120B.11.
new text end
3.11
new text begin The commissioner must give a school district one school year's notice before revoking
new text end
3.12
new text begin approval of their flexible learning year program.new text end
3.13
new text begin EFFECTIVE DATE.new text end new text begin This section is effective the day following final enactment.new text end
3.14 Sec. 3. Minnesota Statutes 2014, section 124D.122, is amended to read:
3.15
124D.122 ESTABLISHMENT OF FLEXIBLE LEARNING YEAR PROGRAM.
3.16The board of any district or a consortium of districts, with the approval of the
3.17commissioner, may establish and operate a flexible learning year program in one or
more of
3.18the day or residential facilities for children with a disability within the district.
Consortiums
3.19may use a single application and evaluation process, though results, public hearings,
and
3.20board approvals must be obtained for each district as required under appropriate sections.
3.21
new text begin The commissioner must approve or disapprove of a flexible learning year application
new text end
3.22
new text begin within 45 business days of receiving the application. If the commissioner disapproves
the new text end
3.23
new text begin application, they must give the district or consortium detailed reasons for the disapproval.new text end
3.24 Sec. 4. Minnesota Statutes 2014, section 126C.10, subdivision 1, is amended to read:
3.25 Subdivision 1.
General education revenue. (a) For fiscal years 2013 and 2014, the
3.26general education revenue for each district equals the sum of the district's basic
revenue,
3.27extended time revenue, gifted and talented revenue, small schools revenue, basic skills
3.28revenue, secondary sparsity revenue, elementary sparsity revenue, transportation sparsity
3.29revenue, total operating capital revenue, equity revenue, alternative teacher compensation
3.30revenue, and transition revenue.
3.31(b) For fiscal year 2015 and later, The general education revenue for each district
3.32equals the sum of the district's basic revenue, extended time revenue, gifted and
3.33talented revenue, declining enrollment revenue, local optional revenue, small schools
4.1revenue, basic skills revenue, secondary sparsity revenue, elementary sparsity revenue,
4.2transportation sparsity revenue, total operating capital revenue, equity revenue,
pension
4.3adjustment revenue, and transition revenue.
4.4 Sec. 5. Minnesota Statutes 2014, section 126C.10, subdivision 2, is amended to read:
4.5 Subd. 2.
Basic revenue. For fiscal year 2014, the basic revenue for each district
4.6equals the formula allowance times the adjusted marginal cost pupil units for the
school
4.7year. For fiscal year 2015 and later, The basic revenue for each district equals the formula
4.8allowance times the adjusted pupil units for the school year. The formula allowance for
4.9fiscal year 2013 is $5,224. The formula allowance for fiscal year 2014 is $5,302. The
4.10formula allowance for fiscal year 2015 and later is $5,831.
new text begin The formula allowance for new text end
4.11
new text begin fiscal year 2016 is $5,918. The formula allowance for fiscal year 2017 and later is
$6,036.new text end
4.12 Sec. 6. Minnesota Statutes 2014, section 126C.10, subdivision 2a, is amended to read:
4.13 Subd. 2a.
Extended time revenue. (a) A school district's extended time revenue for
4.14fiscal year 2014 is equal to the product of $4,601 and the sum of the adjusted marginal
4.15cost pupil units of the district for each pupil in average daily membership in excess
of 1.0
4.16and less than 1.2 according to section
126C.05, subdivision 8. A school district's extended
4.17time revenue for fiscal year 2015 and later is equal to the product of $5,017
new text begin $5,117new text end and the
4.18sum of the adjusted pupil units of the district for each pupil in average daily membership
4.19in excess of 1.0 and less than 1.2 according to section
126C.05, subdivision 8.
4.20(b) A school district's extended time revenue may be used for extended day
4.21programs, extended week programs, summer school,
new text begin vacation break academies such as new text end
4.22
new text begin spring break academies and summer term academies,new text end and other programming authorized
4.23under the learning year program.
4.24
new text begin EFFECTIVE DATE.new text end new text begin This section is effective for fiscal year 2016 and later.new text end
4.25 Sec. 7. Minnesota Statutes 2014, section 126C.10, subdivision 13a, is amended to read:
4.26 Subd. 13a.
Operating capital levy. To obtain operating capital revenue for fiscal
4.27year 2015 and later, a district may levy an amount not more than the product of its operating
4.28capital revenue for the fiscal year times the lesser of one or the ratio of its adjusted
net tax
4.29capacity per adjusted marginal cost pupil unit to the operating capital equalizing factor. The
4.30operating capital equalizing factor equals $14,500
new text begin for fiscal years 2015 and 2016, $14,740 new text end
4.31
new text begin for fiscal year 2017, $17,473 for fiscal year 2018, and $20,510 for fiscal year 2019
and laternew text end .
5.1
new text begin EFFECTIVE DATE.new text end new text begin This section is effective for revenue in fiscal year 2016 and new text end
5.2
new text begin later.new text end
5.3 Sec. 8. Minnesota Statutes 2014, section 126C.13, subdivision 3a, is amended to read:
5.4 Subd. 3a.
Student achievement rate. The commissioner must establish the student
5.5achievement rate by July 1
new text begin September 30new text end of each year for levies payable in the following
5.6year. The student achievement rate must be a rate, rounded up to the nearest hundredth
of
5.7a percent, that, when applied to the adjusted net tax capacity for all districts,
raises the
5.8amount specified in this subdivision. The student achievement rate must be the rate
that
5.9raises $20,000,000 for fiscal year 2015 and later years
new text begin , 2016, and 2017 and $10,000,000 new text end
5.10
new text begin for fiscal year 2018new text end . The student achievement rate may not be changed due to changes or
5.11corrections made to a district's adjusted net tax capacity after the rate has been
established.
5.12
new text begin EFFECTIVE DATE.new text end new text begin This section is effective the day following final enactment.new text end
5.13 Sec. 9. Minnesota Statutes 2014, section 126C.13, subdivision 4, is amended to read:
5.14 Subd. 4.
General education aid. (a) For fiscal years 2013 and 2014 only, a district's
5.15general education aid is the sum of the following amounts:
5.16 (1) general education revenue, excluding equity revenue, total operating capital
5.17revenue, alternative teacher compensation revenue, and transition revenue;
5.18 (2) operating capital aid under section
126C.10, subdivision 13b;
5.19 (3) equity aid under section
126C.10, subdivision 30;
5.20 (4) alternative teacher compensation aid under section
126C.10, subdivision 36;
5.21 (5) transition aid under section
126C.10, subdivision 33;
5.22 (6) shared time aid under section
126C.01, subdivision 7;
5.23 (7) referendum aid under section
, subdivisions 7 and 7a; and
5.24 (8) online learning aid according to section
.
5.25(b) For fiscal year 2015 and later, a district's general education aid equals:
5.26(1) general education revenue, excluding operating capital revenue, equity revenue,
5.27local optional revenue, and transition revenue, minus the student achievement levy,
5.28multiplied times the ratio of the actual amount of student achievement levy levied
to the
5.29permitted student achievement levy; plus
5.30
new text begin (2) operating capital aid under section 126C.10, subdivision 13b;new text end
5.31(2)
new text begin (3)new text end equity aid under section
126C.10, subdivision 30; plus
5.32(3)
new text begin (4)new text end transition aid under section
126C.10, subdivision 33; plus
5.33(4)
new text begin (5)new text end shared time aid under section
126C.10, subdivision 7; plus
5.34(5)
new text begin (6)new text end referendum aid under section
126C.17, subdivisions 7 and 7a; plus
6.1(6)
new text begin (7)new text end online learning aid under section
124D.096; plus
6.2(7)
new text begin (8)new text end local optional aid according to section
126C.10, subdivision 2d, paragraph (d).
6.3
new text begin EFFECTIVE DATE.new text end new text begin This section is effective for fiscal year 2015 and later.new text end
6.4 Sec. 10. Minnesota Statutes 2014, section 126C.15, subdivision 2, is amended to read:
6.5 Subd. 2.
Building allocation. (a) A district or cooperative must allocate its
6.6compensatory revenue to each school building in the district or cooperative where
6.7the children who have generated the revenue are served unless the school district
or
6.8cooperative has received permission under Laws 2005, First Special Session chapter
5,
6.9article 1, section 50, to allocate compensatory revenue according to student performance
6.10measures developed by the school board.
6.11 (b) Notwithstanding paragraph (a), a district or cooperative may allocate up to five
6.12
new text begin 50new text end percent of the amount of compensatory revenue that the district receives to school
6.13sites according to a plan adopted by the school board, and a district or cooperative may
6.14allocate up to an additional five percent of its compensatory revenue for activities
under
6.15subdivision 1, clause (10), according to a plan adopted by the school board. The money
6.16reallocated under this paragraph must be spent for the purposes listed in subdivision
1, but
6.17may be spent on students in any grade, including students attending school readiness
or
6.18other prekindergarten programs.
6.19 (c) For the purposes of this section and section
126C.05, subdivision 3, "building"
6.20means education site as defined in section
123B.04, subdivision 1.
6.21 (d) Notwithstanding section 123A.26, subdivision 1, compensatory revenue
6.22generated by students served at a cooperative unit shall be paid to the cooperative
unit.
6.23 (e) A district or cooperative with school building openings, school building
6.24closings, changes in attendance area boundaries, or other changes in programs or student
6.25demographics between the prior year and the current year may reallocate compensatory
6.26revenue among sites to reflect these changes. A district or cooperative must report
to the
6.27department any adjustments it makes according to this paragraph and the department
must
6.28use the adjusted compensatory revenue allocations in preparing the report required
under
6.29section
123B.76, subdivision 3, paragraph (c).
6.30
new text begin EFFECTIVE DATE.new text end new text begin This section is effective July 1, 2015.new text end
6.31 Sec. 11. Minnesota Statutes 2014, section 126C.17, subdivision 1, is amended to read:
6.32 Subdivision 1.
Referendum allowance. (a) A district's initial referendum allowance
6.33equals the result of the following calculations:
7.1(1) multiply the referendum allowance the district would have received for fiscal
7.2year 2015 under Minnesota Statutes 2012, section
126C.17, subdivision 1, based on
7.3elections held before July 1, 2013, by the resident marginal cost pupil units the
district
7.4would have counted for fiscal year 2015 under Minnesota Statutes 2012, section
126C.05;
7.5(2) add to the result of clause (1) the adjustment the district would have received
7.6under Minnesota Statutes 2012, section
127A.47, subdivision 7, paragraphs (a), (b), and
7.7(c), based on elections held before July 1, 2013;
7.8(3) divide the result of clause (2) by the district's adjusted pupil units for fiscal
7.9year 2015;
7.10(4) add to the result of clause (3) any additional referendum allowance per adjusted
7.11pupil unit authorized by elections held between July 1, 2013, and December 31, 2013;
7.12(5) add to the result in clause (4) any additional referendum allowance resulting
from
7.13inflation adjustments approved by the voters prior to January 1, 2014;
7.14(6) subtract from the result of clause (5), the sum of a district's actual local optional
7.15levy and local optional aid under section
126C.10, subdivision 2e, divided by the adjusted
7.16pupil units of the district for that school year; and
7.17(7) if the result of clause (6) is less than zero, set the allowance to zero.
7.18(b) A district's referendum allowance equals the sum of the district's initial
7.19referendum allowance,
new text begin plus any new referendum allowance authorized between July 1, new text end
7.20
new text begin 2013, and December 31, 2013, under subdivision 9a, new text end plus any additional referendum
7.21allowance per adjusted pupil unit authorized after December 31, 2013, minus any
7.22allowances expiring in fiscal year 2016 or later, provided that the allowance may
not be
7.23less than zero. For a district with more than one referendum allowance for fiscal
year
7.242015 under Minnesota Statutes 2012, section
126C.17, the allowance calculated under
7.25paragraph (a), clause (3), must be divided into components such that the same percentage
7.26of the district's allowance expires at the same time as the old allowances would have
7.27expired under Minnesota Statutes 2012, section
126C.17. For a district with more than one
7.28allowance for fiscal year 2015 that expires in the same year, the reduction under
paragraph
7.29(a), clause (6), to offset local optional revenue shall be made first from any allowances
that
7.30do not have an inflation adjustment approved by the voters.
7.31
new text begin EFFECTIVE DATE.new text end new text begin This section is effective the day following final enactment for new text end
7.32
new text begin fiscal year 2015 and later.new text end
7.33 Sec. 12. Minnesota Statutes 2014, section 126C.17, subdivision 2, is amended to read:
8.1 Subd. 2.
Referendum allowance limit. (a) Notwithstanding subdivision 1, for
8.2fiscal year 2015 and later, a district's referendum allowance must not exceed the
annual
8.3inflationary increase as calculated under paragraph (b) times the greatest of:
8.4(1) $1,845;
8.5(2) the sum of the referendum revenue the district would have received for fiscal
8.6year 2015 under Minnesota Statutes 2012, section
126C.17, subdivision 4, based on
8.7elections held before July 1, 2013, and the adjustment the district would have received
8.8under Minnesota Statutes 2012, section
127A.47, subdivision 7, paragraphs (a), (b), and
8.9(c), based on elections held before July 1, 2013, divided by the district's adjusted
pupil
8.10units for fiscal year 2015;
8.11(3) the product of the referendum allowance limit the district would have received
8.12for fiscal year 2015 under Minnesota Statutes 2012, section
126C.17, subdivision 2, and
8.13the resident marginal cost pupil units the district would have received for fiscal
year 2015
8.14under Minnesota Statutes 2012, section
126C.05, subdivision 6, plus the adjustment the
8.15district would have received under Minnesota Statutes 2012, section
127A.47, subdivision
8.167
, paragraphs (a), (b), and (c), based on elections held before July 1, 2013, divided
by
8.17the district's adjusted pupil units for fiscal year 2015; minus $424 for a district receiving
8.18local optional revenue under section
126C.10, subdivision 2d, paragraph (a), minus
8.19$212 for a district receiving local optional revenue under section
126C.10, subdivision
8.202d
, paragraph (b); or
8.21(4) for a newly reorganized district created after July 1, 2013, the referendum
8.22revenue authority for each reorganizing district in the year preceding reorganization
8.23divided by its adjusted pupil units for the year preceding reorganization.
8.24(b) For purposes of this subdivision, for fiscal year 2016 and later, "inflationary
8.25increase" means one plus the percentage change in the Consumer Price Index for urban
8.26consumers, as prepared by the United States Bureau of Labor Standards, for the current
8.27fiscal year to fiscal year 2015. For fiscal year 2016 and later, for purposes of paragraph
(a),
8.28clause (3), the inflationary increase equals one-fourth of the percentage increase
in the
8.29formula allowance for that year compared with the formula allowance for fiscal year
2015.
8.30
new text begin EFFECTIVE DATE.new text end new text begin This section is effective the day following final enactment for new text end
8.31
new text begin fiscal year 2015 and later.new text end
8.32 Sec. 13. Minnesota Statutes 2014, section 126C.48, subdivision 8, is amended to read:
8.33 Subd. 8.
Taconite payment and other reductions. (1) Reductions in levies
8.34pursuant to subdivision 1 must be made prior to the reductions in clause (2).
9.1(2) Notwithstanding any other law to the contrary, districts that have revenue
9.2pursuant to sections
298.018;
298.225;
298.24 to
298.28, except an amount distributed
9.3under sections
298.26;
298.28, subdivision 4, paragraphs (c), clause (ii), and (d);
298.34 to
9.4298.39
;
298.391 to
298.396;
298.405;
477A.15; and any law imposing a tax upon severed
9.5mineral values must reduce the levies authorized by this chapter and chapters 120B,
122A,
9.6123A, 123B, 124A, 124D, 125A, and 127A
new text begin , excluding the student achievement levy new text end
9.7
new text begin under section 126C.13, subdivision 3b,new text end by 95 percent of the sum of the previous year's
9.8revenue specified under this clause and the amount attributable to the same production
9.9year distributed to the cities and townships within the school district under section
298.28,
9.10subdivision 2
, paragraph (c).
9.11(3) The amount of any voter approved referendum, facilities down payment, and
9.12debt levies shall not be reduced by more than 50 percent under this subdivision, except
9.13that payments under section
298.28, subdivision 7a, may reduce the debt service levy by
9.14more than 50 percent. In administering this paragraph, the commissioner shall first
reduce
9.15the nonvoter approved levies of a district; then, if any payments, severed mineral
value
9.16tax revenue or recognized revenue under paragraph (2) remains, the commissioner shall
9.17reduce any voter approved referendum levies authorized under section
126C.17; then, if
9.18any payments, severed mineral value tax revenue or recognized revenue under paragraph
9.19(2) remains, the commissioner shall reduce any voter approved facilities down payment
9.20levies authorized under section
123B.63 and then, if any payments, severed mineral value
9.21tax revenue or recognized revenue under paragraph (2) remains, the commissioner shall
9.22reduce any voter approved debt levies.
9.23(4) Before computing the reduction pursuant to this subdivision of the health and
9.24safety levy authorized by sections
123B.57 and
126C.40, subdivision 5, the commissioner
9.25shall ascertain from each affected school district the amount it proposes to levy
under
9.26each section or subdivision. The reduction shall be computed on the basis of the amount
9.27so ascertained.
9.28(5) To the extent the levy reduction calculated under paragraph (2) exceeds the
9.29limitation in paragraph (3), an amount equal to the excess must be distributed from
the
9.30school district's distribution under sections
298.225,
298.28, and
477A.15 in the following
9.31year to the cities and townships within the school district in the proportion that
their
9.32taxable net tax capacity within the school district bears to the taxable net tax capacity
of
9.33the school district for property taxes payable in the year prior to distribution.
No city or
9.34township shall receive a distribution greater than its levy for taxes payable in the
year prior
9.35to distribution. The commissioner of revenue shall certify the distributions of cities
and
9.36towns under this paragraph to the county auditor by September 30 of the year preceding
10.1distribution. The county auditor shall reduce the proposed and final levies of cities
and
10.2towns receiving distributions by the amount of their distribution. Distributions to
the cities
10.3and towns shall be made at the times provided under section
298.27.
10.4 Sec. 14.
new text begin [136D.41] LISTED DISTRICTS MAY FORM INTERMEDIATE new text end
10.5
new text begin DISTRICT.new text end
10.6
new text begin Notwithstanding any other law to the contrary, two or more of the Independent School
new text end
10.7
new text begin Districts Nos. 108, 110, 111, and 112 of Carver County, Independent School Districts
Nos. new text end
10.8
new text begin 716, 717, 719, 720, and 721 of Scott County, and Independent School District No. 2905
of new text end
10.9
new text begin Le Sueur County, whether or not contiguous, may enter into agreements to accomplish
new text end
10.10
new text begin jointly and cooperatively the acquisition, betterment, construction, maintenance,
and new text end
10.11
new text begin operation of facilities for, and instruction in, special education, career and technical
new text end
10.12
new text begin education, adult basic education, and alternative education. Each school district
that new text end
10.13
new text begin becomes a party to such an agreement is a "participating school district" for purposes
new text end
10.14
new text begin of sections 136D.41 to 136D.49. The agreement may provide for the exercise of these
new text end
10.15
new text begin powers by a joint school board created as set forth in sections 136D.41 to 136D.49.new text end
10.16 Sec. 15.
new text begin [136D.42] JOINT SCHOOL BOARD; MEMBERS; BYLAWS.new text end
10.17
new text begin Subdivision 1.new text end new text begin Board.new text end new text begin The agreement shall provide for a joint school board new text end
10.18
new text begin representing the parties to the agreement. The agreement shall specify the name of
the new text end
10.19
new text begin board, the number and manner of election or appointment of its members, their terms
and new text end
10.20
new text begin qualifications, and other necessary and desirable provisions.new text end
10.21
new text begin Subd. 2.new text end new text begin Bylaws.new text end new text begin The board may adopt bylaws specifying the duties and powers of new text end
10.22
new text begin its officers and the meeting dates of the board, and containing such other provisions
as new text end
10.23
new text begin may be usual and necessary for the efficient conduct of the business of the board.new text end
10.24 Sec. 16.
new text begin [136D.43] STATUS OF JOINT SCHOOL BOARD.new text end
10.25
new text begin Subdivision 1.new text end new text begin Public agency.new text end new text begin The joint school board shall be a public agency of the new text end
10.26
new text begin participating school districts and may receive and disburse federal and state funds
made new text end
10.27
new text begin available to it or to the participating school districts.new text end
10.28
new text begin Subd. 2.new text end new text begin Liability.new text end new text begin No participating school district shall have individual liability new text end
10.29
new text begin for the debts and obligations of the board, nor shall any individual serving as a
member new text end
10.30
new text begin of the board have such liability.new text end
10.31
new text begin Subd. 3.new text end new text begin Tax exempt.new text end new text begin Any properties, real or personal, acquired, owned, leased, new text end
10.32
new text begin controlled, used, or occupied by the board for its purposes shall be exempt from taxation
new text end
10.33
new text begin by the state or any of its political subdivisions.new text end
11.1 Sec. 17.
new text begin [136D.44] JOINT BOARD HAS ALL POWERS OF MEMBER new text end
11.2
new text begin DISTRICTS.new text end
11.3
new text begin To effectuate the agreement, the joint school board shall have all the powers granted
new text end
11.4
new text begin by law to any or all of the participating school districts.new text end
11.5 Sec. 18.
new text begin [136D.45] AGREEMENT APPROVAL; NOTICE; PETITION; new text end
11.6
new text begin REFERENDUM.new text end
11.7
new text begin Subdivision 1.new text end new text begin Resolution.new text end new text begin The agreement shall, before it becomes effective, be new text end
11.8
new text begin approved by a resolution adopted by the school board of each school district named
therein.new text end
11.9
new text begin Subd. 2.new text end new text begin When effective.new text end new text begin Each resolution shall be published once in a newspaper new text end
11.10
new text begin published in the district, if there is one, or in a newspaper having general circulation
in the new text end
11.11
new text begin district, and shall become effective 30 days after publication, unless within the
30-day new text end
11.12
new text begin period a petition for referendum on the resolution is filed with the school board,
signed by new text end
11.13
new text begin qualified voters of the school district equal in number to five percent of the number
of new text end
11.14
new text begin voters voting at the last annual school district election. In such case, the resolution
shall new text end
11.15
new text begin not become effective until approved by a majority of the voters voting thereon at
a regular new text end
11.16
new text begin or special election. The agreement may provide conditions under which it shall become
new text end
11.17
new text begin effective even though it may not be approved in all districts.new text end
11.18 Sec. 19.
new text begin [136D.46] DISTRICT CONTRIBUTIONS, DISBURSEMENTS, new text end
11.19
new text begin CONTRACTS.new text end
11.20
new text begin The participating school districts may contribute funds to the board. Disbursements
new text end
11.21
new text begin shall be made by the board in accordance with sections 123B.14, 123B.143, and 123B.147.
new text end
11.22
new text begin The board shall be subject to section 123B.52, subdivisions 1, 2, 3, and 5.new text end
11.23 Sec. 20.
new text begin [136D.47] TERM OF AGREEMENT.new text end
11.24
new text begin The agreement shall state the term of its duration and may provide for the method
of new text end
11.25
new text begin termination and distribution of assets after payment of all liabilities of the joint
school new text end
11.26
new text begin board.new text end
11.27 Sec. 21.
new text begin [136D.48] NON-POSTSECONDARY PROGRAMS; LICENSED new text end
11.28
new text begin DIRECTION.new text end
11.29
new text begin The board may also provide any other educational programs or other services new text end
11.30
new text begin requested by a participating district. However, these programs and services may not
be new text end
11.31
new text begin postsecondary programs or services. Academic offerings shall be provided only under
the new text end
11.32
new text begin direction of properly licensed academic supervisory personnel.new text end
12.1 Sec. 22.
new text begin [136D.49] OTHER MEMBERSHIP AND POWERS.new text end
12.2
new text begin In addition to the districts listed in sections 136D.21, 136D.41, 136D.71, and new text end
12.3
new text begin 136D.81, the agreement of an intermediate school district established under this chapter
new text end
12.4
new text begin may provide for the membership of other school districts and cities, counties, and
other new text end
12.5
new text begin governmental units as defined in section 471.59. In addition to the powers listed
in new text end
12.6
new text begin sections 136D.25, 136D.73, and 136D.84, an intermediate school board may provide the
new text end
12.7
new text begin services defined in section 123A.21, subdivisions 7 and 8.new text end
12.8 Sec. 23.
new text begin COMPENSATORY REVENUE; INTERMEDIATE DISTRICT.new text end
12.9
new text begin For the 2015-2016 school year only, for an intermediate district formed under new text end
12.10
new text begin Minnesota Statutes, section 136D.41, the department must calculate compensatory new text end
12.11
new text begin revenue based on the October 1, 2014, enrollment counts for the South Metro Educational
new text end
12.12
new text begin Cooperative.new text end
12.13 Sec. 24.
new text begin SCHOOL DISTRICT LEVY ADJUSTMENTS.new text end
12.14
new text begin Subdivision 1.new text end new text begin Tax rate adjustment.new text end new text begin The commissioner of education must adjust new text end
12.15
new text begin each school district tax rate established under Minnesota Statutes, chapters 120B
to 127A, new text end
12.16
new text begin by multiplying the rate by the ratio of the statewide total tax capacity for assessment
year new text end
12.17
new text begin 2014, as it existed prior to the passage of Regular Session 2015, House File No. 848,
or new text end
12.18
new text begin a similarly styled bill passed in a special session to the statewide total tax capacity
for new text end
12.19
new text begin assessment year 2014.new text end
12.20
new text begin Subd. 2.new text end new text begin Equalizing factors.new text end new text begin The commissioner of education must adjust each new text end
12.21
new text begin school district equalizing factor established under Minnesota Statutes, chapters 120B
to new text end
12.22
new text begin 127A, by dividing the equalizing factor by the ratio of the statewide total tax capacity
for new text end
12.23
new text begin assessment year 2014, as it existed prior to the passage of Regular Session 2015,
House new text end
12.24
new text begin File No. 848, or a similarly styled bill passed in a special session, to the statewide
total tax new text end
12.25
new text begin capacity for assessment year 2014.new text end
12.26 Sec. 25.
new text begin APPROPRIATIONS.new text end
12.27
new text begin Subdivision 1.new text end new text begin Department of Education.new text end new text begin The sums indicated in this section are new text end
12.28
new text begin appropriated from the general fund to the Department of Education for the fiscal years
new text end
12.29
new text begin designated.new text end
12.30
new text begin Subd. 2.new text end new text begin General education aid.new text end new text begin For general education aid under Minnesota new text end
12.31
new text begin Statutes, section 126C.13, subdivision 4:new text end
13.1
new text begin $ new text end
new text begin 6,595,541,000new text end
new text begin .....new text end
new text begin 2016new text end
13.2
new text begin $new text end
new text begin 6,723,884,000new text end
new text begin .....new text end
new text begin 2017new text end
13.3
new text begin The 2016 appropriation includes $622,908,000 for 2015 and $5,972,634,000 for new text end
13.4
new text begin 2016.new text end
13.5
new text begin The 2017 appropriation includes $635,618,000 for 2016 and $6,088,266,000 for new text end
13.6
new text begin 2017.new text end
13.7
new text begin Subd. 3.new text end new text begin Enrollment options transportation.new text end new text begin For transportation of pupils attending new text end
13.8
new text begin postsecondary institutions under Minnesota Statutes, section 124D.09, or for transportation
new text end
13.9
new text begin of pupils attending nonresident districts under Minnesota Statutes, section 124D.03:new text end
13.10
new text begin $new text end
new text begin 39,000new text end
new text begin .....new text end
new text begin 2016new text end
13.11
new text begin $new text end
new text begin 42,000new text end
new text begin .....new text end
new text begin 2017new text end
13.12
new text begin Subd. 4.new text end new text begin Abatement revenue.new text end new text begin For abatement aid under Minnesota Statutes, section new text end
13.13
new text begin 127A.49:new text end
13.14
new text begin $new text end
new text begin 2,740,000new text end
new text begin .....new text end
new text begin 2016new text end
13.15
new text begin $new text end
new text begin 2,932,000new text end
new text begin .....new text end
new text begin 2017new text end
13.16
new text begin The 2016 appropriation includes $278,000 for 2015 and $2,462,000 for 2016.new text end
13.17
new text begin The 2017 appropriation includes $273,000 for 2016 and $2,659,000 for 2017.new text end
13.18
new text begin Subd. 5.new text end new text begin Consolidation transition.new text end new text begin For districts consolidating under Minnesota new text end
13.19
new text begin Statutes, section 123A.485:new text end
13.20
new text begin $new text end
new text begin 292,000new text end
new text begin .....new text end
new text begin 2016new text end
13.21
new text begin $new text end
new text begin 165,000new text end
new text begin .....new text end
new text begin 2017new text end
13.22
new text begin The 2016 appropriation includes $22,000 for 2015 and $270,000 for 2016.new text end
13.23
new text begin The 2017 appropriation includes $30,000 for 2016 and $135,000 for 2017.new text end
13.24
new text begin Subd. 6.new text end new text begin Nonpublic pupil education aid.new text end new text begin For nonpublic pupil education aid under new text end
13.25
new text begin Minnesota Statutes, sections 123B.40 to 123B.43 and 123B.87:new text end
13.26
new text begin $new text end
new text begin 16,756,000new text end
new text begin .....new text end
new text begin 2016new text end
13.27
new text begin $new text end
new text begin 17,309,000new text end
new text begin .....new text end
new text begin 2017new text end
13.28
new text begin The 2016 appropriation includes $1,575,000 for 2015 and $15,181,000 for 2016.new text end
13.29
new text begin The 2017 appropriation includes $1,686,000 for 2016 and $15,623,000 for 2017.new text end
13.30
new text begin Subd. 7.new text end new text begin Nonpublic pupil transportation.new text end new text begin For nonpublic pupil transportation aid new text end
13.31
new text begin under Minnesota Statutes, section 123B.92, subdivision 9:new text end
13.32
new text begin $new text end
new text begin 17,322,000new text end
new text begin .....new text end
new text begin 2016new text end
13.33
new text begin $new text end
new text begin 17,228,000new text end
new text begin .....new text end
new text begin 2017new text end
14.1
new text begin The 2016 appropriation includes $1,816,000 for 2015 and $15,506,000 for 2016.new text end
14.2
new text begin The 2017 appropriation includes $1,722,000 for 2016 and $15,506,000 for 2017.new text end
14.3
new text begin Subd. 8.new text end new text begin One-room schoolhouse.new text end new text begin For a grant to Independent School District No. new text end
14.4
new text begin 690, Warroad, to operate the Angle Inlet School:new text end
14.5
new text begin $new text end
new text begin 65,000new text end
new text begin .....new text end
new text begin 2016new text end
14.6
new text begin $new text end
new text begin 65,000new text end
new text begin .....new text end
new text begin 2017new text end
14.7
new text begin Subd. 9.new text end new text begin Compensatory revenue pilot project.new text end new text begin For grants for participation in the new text end
14.8
new text begin compensatory revenue pilot program under Laws 2005, First Special Session chapter
5, new text end
14.9
new text begin article 1, section 50, as amended by Laws 2007, chapter 146, article 1, section 21:new text end
14.10
new text begin $new text end
new text begin 2,325,000new text end
new text begin .....new text end
new text begin 2016new text end
14.11
new text begin $new text end
new text begin 2,325,000new text end
new text begin .....new text end
new text begin 2017new text end
14.12
new text begin Of this amount, $1,500,000 in each year is for a grant to Independent School District
new text end
14.13
new text begin No. 11, Anoka-Hennepin; $75,000 in each year is for a grant to Independent School
new text end
14.14
new text begin District No. 286, Brooklyn Center; $210,000 in each year is for a grant to Independent
new text end
14.15
new text begin School District No. 279, Osseo; $150,000 in each year is for a grant to Independent
new text end
14.16
new text begin School District No. 281, Robbinsdale; $160,000 in each year is for a grant to Independent
new text end
14.17
new text begin School District No. 535, Rochester; $65,000 in each year is for a grant to Independent
new text end
14.18
new text begin School District No. 833, South Washington; and $150,000 in each year is for a grant
to new text end
14.19
new text begin Independent School District No. 241, Albert Lea.new text end
14.20
new text begin If a grant to a specific school district is not awarded, the commissioner may increase
new text end
14.21
new text begin the aid amounts to any of the remaining participating school districts.new text end
14.22
new text begin Subd. 10.new text end new text begin Career and technical aid.new text end new text begin For career and technical aid under Minnesota new text end
14.23
new text begin Statutes, section 124D.4531, subdivision 1b:new text end
14.24
new text begin $new text end
new text begin 5,420,000new text end
new text begin .....new text end
new text begin 2016new text end
14.25
new text begin $new text end
new text begin 4,405,000new text end
new text begin .....new text end
new text begin 2017new text end
14.26
new text begin The 2016 appropriation includes $574,000 for 2015 and $4,846,000 for 2016.new text end
14.27
new text begin The 2017 appropriation includes $538,000 for 2016 and $3,867,000 for 2017.new text end
14.28 Sec. 26.
new text begin REPEALER.new text end
14.29
new text begin (a)new text end new text begin Minnesota Statutes 2014, sections 126C.12, subdivision 6; and 126C.41, new text end
14.30
new text begin subdivision 1,new text end new text begin are repealed.new text end
14.31
new text begin (b) new text end new text begin Minnesota Statutes 2014, section 126C.13, subdivisions 3a, 3b, and 3c,new text end new text begin are new text end
14.32
new text begin repealed for taxes payable in 2018.new text end
15.1
ARTICLE 2
15.2
EDUCATION EXCELLENCE
15.3 Section 1. Minnesota Statutes 2014, section 13.32, subdivision 5, is amended to read:
15.4 Subd. 5.
Directory information. Information designated as directory information
15.5pursuant to the provisions of United States Code, title 20, section 1232g and Code
of
15.6Federal Regulations, title 34, section 99.37 which are in effect on January 1, 2007
new text begin 3, new text end
15.7
new text begin 2012new text end , is public data on individuals
new text begin , to the extent required under federal lawnew text end . When
15.8conducting the directory information designation and notice process required by federal
15.9law, an educational agency or institution shall give parents and students notice of
the
15.10right to refuse to let the agency or institution designate any or all data about the
student
15.11as directory information. This notice may be given by any means reasonably likely
to
15.12inform the parents and students of the right.
15.13
new text begin EFFECTIVE DATE.new text end new text begin This section is effective the day following final enactment.new text end
15.14 Sec. 2. Minnesota Statutes 2014, section 120B.022, subdivision 1a, is amended to read:
15.15 Subd. 1a.
Foreign language and culture; proficiency certificates. (a) World
15.16languages teachers and other school staff should develop and implement world languages
15.17programs that acknowledge and reinforce the language proficiency and cultural awareness
15.18that non-English language speakers already possess, and encourage students' proficiency
15.19in multiple world languages. Programs under this section must encompass indigenous
15.20American Indian languages and cultures, among other world languages and cultures.
The
15.21department shall consult with postsecondary institutions in developing related professional
15.22development opportunities for purposes of this section.
15.23(b) Any Minnesota public, charter, or nonpublic school may award Minnesota
15.24World Language Proficiency Certificates or Minnesota World Language Proficiency High
15.25Achievement Certificates, consistent with this subdivision.
15.26(c) The Minnesota World Language Proficiency Certificate recognizes students who
15.27demonstrate listening, speaking, reading, and writing language skills at the American
15.28Council on the Teaching of Foreign Languages' Intermediate-Low level on a valid and
15.29reliable assessment tool. For languages listed as Category 3 by the United States Foreign
15.30Service Institute or Category 4 by the United States Defense Language Institute, the
15.31standard is Intermediate-Low for listening and speaking and Novice-High for reading
15.32and writing.
15.33(d) The Minnesota World Language Proficiency High Achievement Certificate
15.34recognizes students who demonstrate listening, speaking, reading, and writing language
16.1skills at the American Council on the Teaching of Foreign Languages' Pre-Advanced
level
16.2for K-12 learners on a valid and reliable assessment tool. For languages listed as
Category
16.33 by the United States Foreign Service Institute or Category 4 by the United States
16.4Defense Language Institute, the standard is Pre-Advanced for listening and speaking
and
16.5Intermediate-Mid for reading and writing.
16.6 Sec. 3. Minnesota Statutes 2014, section 120B.022, subdivision 1b, is amended to read:
16.7 Subd. 1b.
State bilingual and multilingual seals. (a) Consistent with efforts to
16.8strive for the world's best workforce under sections
120B.11 and
124D.10, subdivision 8,
16.9paragraph (u), and close the academic achievement and opportunity gap under sections
16.10124D.861
and
124D.862, voluntary state bilingual and multilingual seals are established
16.11to recognize high school graduates
new text begin studentsnew text end who demonstrate level 3
new text begin an advanced low new text end
16.12
new text begin level or an intermediate high level ofnew text end functional native proficiency in listening, speaking,
16.13reading, and writing on either the Foreign Services Institute language
new text begin assessments aligned new text end
16.14
new text begin with American Council on the Teaching of Foreign Languages' (ACTFL)new text end proficiency
16.15tests
new text begin guidelinesnew text end or on equivalent valid and reliable assessments in one or more languages
16.16in addition to English. American Sign Language is a language other than English for
16.17purposes of this subdivision and a world language for purposes of subdivision 1a.
16.18(b) In addition to paragraph (a), to be eligible to receive a seal:
16.19(1) students must satisfactorily complete all required English language arts credits;
16.20and
16.21(2) students whose primary language is other than English must demonstrate mastery
16.22of Minnesota's English language proficiency standards.
16.23(c) Consistent with this subdivision, a high school graduate
new text begin student new text end who
16.24demonstrates
new text begin an intermediate high ACTFL level of new text end functional native proficiency in one
16.25language in addition to English is eligible to receive the state bilingual
new text begin gold new text end seal. A high
16.26school graduate
new text begin student new text end who demonstrates
new text begin an intermediate high ACTFL level of new text end functional
16.27native proficiency in more than one language in addition to English is eligible to
receive
16.28the state multilingual
new text begin gold new text end seal.
new text begin A high school student who demonstrates an advanced low new text end
16.29
new text begin ACTFL level of functional proficiency in one language in addition to English is eligible
new text end
16.30
new text begin to receive the state bilingual platinum seal. A high school student who demonstrates
new text end
16.31
new text begin an advanced-low ACTFL level of functional proficiency in more than one language in
new text end
16.32
new text begin addition to English is eligible to receive the state multilingual platinum seal.new text end
16.33(d) School districts and charter schools, in consultation with regional centers of
16.34excellence under section
, must
new text begin maynew text end give students periodic opportunities to
16.35demonstrate their level of proficiency in listening, speaking, reading, and writing
in a
17.1language in addition to English. Where valid and reliable assessments are unavailable,
17.2a school district or charter school may rely on a licensed foreign language immersion
17.3teacher or a nonlicensed community expert under section
new text begin evaluators trained in new text end
17.4
new text begin assessing under ACTFL proficiency guidelinesnew text end to assess a student's level of foreign,
17.5heritage, or indigenous language proficiency under this section. School districts
and
17.6charter schools must maintain appropriate records to identify high school graduates
17.7
new text begin students new text end eligible to receive the state bilingual or multilingual seal
new text begin gold and platinum sealsnew text end .
17.8The school district or charter school must affix the appropriate seal to the transcript
of
17.9each high school graduate
new text begin student new text end who meets the requirements of this subdivision and
17.10may affix the seal to the student's diploma. A school district or charter school must
not
17.11charge the high school graduate
new text begin student new text end a fee for this seal.
17.12(e) A school district or charter school may award elective course credits in world
17.13languages to a student who demonstrates the requisite proficiency in a language other
17.14than English under this section.
17.15(f) A school district or charter school may award community service credit to a
17.16student who demonstrates level 3
new text begin an intermediate high or advanced low ACTFL level of new text end
17.17functional native proficiency in listening, speaking, reading, and writing in a language
17.18other than English and who participates in community service activities that are integrated
17.19into the curriculum, involve the participation of teachers, and support biliteracy
in the
17.20school or local community.
17.21(g) The commissioner must develop a Web page for the electronic delivery of these
17.22seals. The commissioner must list on the Web page those assessments that are equivalent
17.23to the Foreign Services Institute language
new text begin aligned to ACTFLnew text end proficiency tests
new text begin guidelinesnew text end .
17.24(h)
new text begin By August 1, 2015, new text end the colleges and universities of the Minnesota State Colleges
17.25and Universities system must award foreign language credits to a student who receives a
17.26state bilingual seal or a state multilingual seal under this subdivision and may
new text begin establish new text end
17.27
new text begin criteria to translate the seals into college credits based on the world language course
new text end
17.28
new text begin equivalencies identified by the Minnesota State Colleges and Universities faculty
and new text end
17.29
new text begin staff and, upon request from an enrolled student, the Minnesota State Colleges and
new text end
17.30
new text begin Universities may new text end award foreign language credits to a student who receives a Minnesota
17.31World Language Proficiency Certificate or a Minnesota World Language Proficiency
17.32High Achievement Certificate under subdivision 1a.
new text begin A student who demonstrated the new text end
17.33
new text begin requisite level of language proficiency in grade 10, 11, or 12 to receive a seal or
certificate new text end
17.34
new text begin and is enrolled in a Minnesota State Colleges and Universities institution must request
new text end
17.35
new text begin college credits for the student's seal or proficiency certificate within three academic
years new text end
18.1
new text begin after graduating from high school. The University of Minnesota is encouraged to award
new text end
18.2
new text begin students foreign language academic credits consistent with this paragraph.new text end
18.3
new text begin EFFECTIVE DATE.new text end new text begin This section is effective the day following final enactment and new text end
18.4
new text begin applies beginning with students graduating in the 2014-2015 school year who demonstrate
new text end
18.5
new text begin the requisite language proficiency in grade 10, 11, or 12.new text end
18.6 Sec. 4. Minnesota Statutes 2014, section 120B.12, subdivision 4a, is amended to read:
18.7 Subd. 4a.
Local literacy plan. new text begin (a) new text end Consistent with this section, a school district
18.8must adopt a local literacy plan to have every child reading at or above grade level
no
18.9later than the end of grade 3, including English learners. The plan must
new text begin be consistent with new text end
18.10
new text begin section 122A.06, subdivision 4, andnew text end include
new text begin the following:new text end
18.11
new text begin (1) new text end a process to assess students' level of reading proficiency,
new text begin and data to support the new text end
18.12
new text begin effectiveness of an assessment used to screen and identify a student's level of reading
new text end
18.13
new text begin proficiency;new text end
18.14
new text begin (2) a process tonew text end notify and involve parents, intervene with
new text begin ;new text end
18.15
new text begin (3) a description of how schools in the district will determine the proper reading
new text end
18.16
new text begin intervention strategy for a student and the process for intensifying or modifying
the new text end
18.17
new text begin reading strategy in order to obtain measurable reading progress;new text end
18.18
new text begin (4) evidence-based intervention methods fornew text end students who are not reading at or
18.19above grade level, and identify and meet
new text begin and progress monitoring to provide information new text end
18.20
new text begin on the effectiveness of the intervention; andnew text end
18.21
new text begin (5) identification ofnew text end staff development needs
new text begin , including a program to meet those new text end
18.22
new text begin needsnew text end .
18.23
new text begin (b) new text end The district must post its literacy plan on the official school district Web site.
18.24
new text begin EFFECTIVE DATE.new text end new text begin This section is effective for fiscal year 2016 and later.new text end
18.25 Sec. 5. Minnesota Statutes 2014, section 120B.13, subdivision 4, is amended to read:
18.26 Subd. 4.
Rigorous course taking information; AP, IB, and PSEO. The
18.27commissioner shall submit the following information on rigorous course taking
new text begin , new text end
18.28
new text begin disaggregated by student subgroup, school district, and postsecondary institution,new text end to the
18.29education committees of the legislature each year by February 1:
18.30(1) the number of pupils enrolled in postsecondary enrollment options under section
18.31124D.09
, including concurrent enrollment,
new text begin career and technical education courses offered new text end
18.32
new text begin as a concurrent enrollment course, new text end advanced placement, and international baccalaureate
18.33courses in each school district;
19.1(2) the number of teachers in each district attending training programs offered by
the
19.2college board, International Baccalaureate North America, Inc., or Minnesota concurrent
19.3enrollment programs;
19.4(3) the number of teachers in each district participating in support programs;
19.5(4) recent trends in the field of postsecondary enrollment options under section
19.6124D.09
, including concurrent enrollment, advanced placement, and international
19.7baccalaureate programs;
19.8(5) expenditures for each category in this section and under sections
124D.09 and
19.9124D.091new text begin , including career and technical education courses offered as a concurrent new text end
19.10new text begin enrollment coursenew text end
; and
19.11(6) other recommendations for the state program or the postsecondary enrollment
19.12options under section
124D.09, including concurrent enrollment.
19.13 Sec. 6. Minnesota Statutes 2014, section 120B.30, subdivision 3, is amended to read:
19.14 Subd. 3.
Reporting. The commissioner shall report test results publicly and to
19.15stakeholders, including the performance achievement levels developed from students'
19.16unweighted test scores in each tested subject and a listing of demographic factors
that
19.17strongly correlate with student performance
new text begin , including student homelessness, as data are new text end
19.18
new text begin available, among other factorsnew text end . The test results must not include personally identifiable
19.19information as defined in Code of Federal Regulations, title 34, section 99.3. The
19.20commissioner shall also report data that compares performance results among school
19.21sites, school districts, Minnesota and other states, and Minnesota and other nations.
The
19.22commissioner shall disseminate to schools and school districts a more comprehensive
19.23report containing testing information that meets local needs for evaluating instruction
and
19.24curriculum. The commissioner shall disseminate to charter school authorizers a more
19.25comprehensive report containing testing information that contains anonymized data
where
19.26cell count data are sufficient to protect student identity and that meets the authorizer's
19.27needs in fulfilling its obligations under section
124D.10.
19.28
new text begin EFFECTIVE DATE.new text end new text begin This section is effective the day following final enactment new text end
19.29
new text begin and applies to school year reports for the 2015-2016 school year and later.new text end
19.30 Sec. 7. Minnesota Statutes 2014, section 120B.31, subdivision 4, is amended to read:
19.31 Subd. 4.
Student performance data. In developing policies and assessment
19.32processes to hold schools and districts accountable for high levels of academic standards
19.33under section
120B.021, the commissioner shall aggregate student data over time to
19.34report student performance and growth levels measured at the school, school district,
and
20.1statewide level. When collecting and reporting the performance data, the commissioner
20.2shall organize and report the data so that state and local policy makers can understand
the
20.3educational implications of changes in districts' demographic profiles over time
new text begin , including new text end
20.4
new text begin student homelessness, as data are available, among other demographic factorsnew text end . Any report
20.5the commissioner disseminates containing summary data on student performance must
20.6integrate student performance and the demographic factors that strongly correlate
with
20.7that performance.
20.8
new text begin EFFECTIVE DATE.new text end new text begin This section is effective the day following final enactment new text end
20.9
new text begin and applies to school year reports for the 2015-2016 school year and later.new text end
20.10 Sec. 8. Minnesota Statutes 2014, section 120B.36, subdivision 1, is amended to read:
20.11 Subdivision 1.
School performance reports. (a) The commissioner shall report
20.12student academic performance under section
120B.35, subdivision 2; the percentages of
20.13students showing low, medium, and high growth under section
120B.35, subdivision
20.143
, paragraph (b); school safety and student engagement and connection under section
20.15120B.35
, subdivision 3, paragraph (d); rigorous coursework under section
120B.35,
20.16subdivision 3
, paragraph (c); the percentage of students under section
120B.35,
20.17subdivision 3
, paragraph (b), clause (2), whose progress and performance levels are
20.18meeting career and college readiness benchmarks under sections
120B.30, subdivision 1,
20.19and
120B.35, subdivision 3, paragraph (e); longitudinal data on the progress of eligible
20.20districts in reducing disparities in students' academic achievement and realizing
racial
20.21and economic integration under section
124D.861; the acquisition of English, and
20.22where practicable, native language academic literacy, including oral academic language,
20.23and the academic progress of English learners under section
124D.59, subdivisions
20.242
and 2a; two separate student-to-teacher ratios that clearly indicate the definition
of
20.25teacher consistent with sections
122A.06 and
122A.15 for purposes of determining these
20.26ratios; staff characteristics excluding salaries; student enrollment demographics;
new text begin student new text end
20.27
new text begin homelessness and new text end district mobility; and extracurricular activities. The report also must
20.28indicate a school's adequate yearly progress status under applicable federal law,
and must
20.29not set any designations applicable to high- and low-performing schools due solely
to
20.30adequate yearly progress status.
20.31 (b) The commissioner shall develop, annually update, and post on the department
20.32Web site school performance reports.
20.33 (c) The commissioner must make available performance reports by the beginning
20.34of each school year.
21.1 (d) A school or district may appeal its adequate yearly progress status in writing
to
21.2the commissioner within 30 days of receiving the notice of its status. The commissioner's
21.3decision to uphold or deny an appeal is final.
21.4 (e) School performance data are nonpublic data under section
13.02, subdivision 9,
21.5until the commissioner publicly releases the data. The commissioner shall annually
post
21.6school performance reports to the department's public Web site no later than September
1,
21.7except that in years when the reports reflect new performance standards, the commissioner
21.8shall post the school performance reports no later than October 1.
21.9
new text begin EFFECTIVE DATE.new text end new text begin This section is effective the day following final enactment new text end
21.10
new text begin and applies to school year reports for the 2015-2016 school year and later.new text end
21.11 Sec. 9. Minnesota Statutes 2014, section 122A.09, subdivision 4, is amended to read:
21.12 Subd. 4.
License and rules. (a) The board must adopt rules to license public school
21.13teachers and interns subject to chapter 14.
21.14(b) The board must adopt rules requiring a person
new text begin require all candidates for teacher new text end
21.15
new text begin licensure new text end to pass
new text begin demonstrate new text end a
new text begin passing score on a board-adopted new text end skills examination
21.16in reading, writing, and mathematics or attain either a composite score composed of
21.17the average of the scores in English and writing, reading, and mathematics on the
ACT
21.18Plus Writing recommended by the board, or an equivalent composite score composed
21.19of the average of the scores in critical reading, mathematics, and writing on the
SAT
21.20recommended by the board, as a requirement for initial teacher licensure, except that the
21.21board may issue up to two
new text begin four new text end temporary, one-year teaching licenses to an otherwise
21.22qualified candidate who has not yet passed the
new text begin board-adopted new text end skills exam or attained the
21.23requisite composite score on the ACT Plus Writing or SAT. Such rules
new text begin The board new text end must
21.24require college and universities offering a board-approved teacher preparation program
21.25to provide remedial assistance to persons who did not achieve a qualifying score on
the
21.26
new text begin board-adopted new text end skills examination or attain the requisite composite score on the ACT Plus
21.27Writing or SAT, including those for whom English is a second language. The requirement
21.28to pass a
new text begin board-adopted new text end reading, writing, and mathematics skills examination or attain the
21.29requisite composite score on the ACT Plus Writing or SAT does not apply to nonnative
21.30English speakers, as verified by qualified Minnesota school district personnel or
Minnesota
21.31higher education faculty, who, after meeting the content and pedagogy requirements
21.32under this subdivision, apply for a teaching license to provide direct instruction
in their
21.33native language or world language instruction under section
120B.022, subdivision 1. A
21.34teacher candidate's official ACT Plus Writing or SAT composite score report to the
board
21.35must not be more than ten years old at the time of licensure
new text begin The Board of Teaching and new text end
22.1
new text begin the entity administering the content, pedagogy, and skills examinations must allow
any new text end
22.2
new text begin individual who produces documentation of a disability in the form of an evaluation,
504 new text end
22.3
new text begin plan, or individual education program (IEP) to receive the same testing accommodations
new text end
22.4
new text begin on the content, pedagogy, and skills examinations that the applicant received during
their new text end
22.5
new text begin secondary or postsecondary educationnew text end .
22.6(c) The board must adopt rules to approve teacher preparation programs. The board,
22.7upon the request of a postsecondary student preparing for teacher licensure or a licensed
22.8graduate of a teacher preparation program, shall assist in resolving a dispute between
the
22.9person and a postsecondary institution providing a teacher preparation program when
the
22.10dispute involves an institution's recommendation for licensure affecting the person
or the
22.11person's credentials. At the board's discretion, assistance may include the application
22.12of chapter 14.
22.13(d) The board must provide the leadership and adopt rules for the redesign of teacher
22.14education programs to implement a research based, results-oriented curriculum that
22.15focuses on the skills teachers need in order to be effective.
new text begin Among other components, new text end
22.16
new text begin teacher preparation programs are encouraged to provide a school-year-long student
new text end
22.17
new text begin teaching program that combines clinical opportunities with academic coursework and
new text end
22.18
new text begin in-depth student teaching experiences to offer students ongoing mentorship, coaching,
new text end
22.19
new text begin and assessment, help to prepare a professional development plan, and structured new text end
22.20
new text begin learning experiences. new text end The board shall implement new systems of teacher preparation
22.21program evaluation to assure program effectiveness based on proficiency of graduates
in
22.22demonstrating attainment of program outcomes. Teacher preparation programs including
22.23alternative teacher preparation programs under section
122A.245, among other programs,
22.24must include a content-specific, board-approved, performance-based assessment that
22.25measures teacher candidates in three areas: planning for instruction and assessment;
22.26engaging students and supporting learning; and assessing student learning. The board's
22.27redesign rules must include creating flexible, specialized teaching licenses, credentials,
22.28and other endorsement forms to increase students' participation in language immersion
22.29programs, world language instruction, career development opportunities, work-based
22.30learning, early college courses and careers, career and technical programs, Montessori
22.31schools, and project and place-based learning, among other career and college ready
22.32learning offerings.
22.33(e) The board must adopt rules requiring candidates for initial licenses to pass an
22.34examination of general pedagogical knowledge and examinations of licensure-specific
22.35teaching skills. The rules shall be effective by September 1, 2001. The rules under
this
22.36paragraph also must require candidates for initial licenses to teach prekindergarten
or
23.1elementary students to pass, as part of the examination of licensure-specific teaching
23.2skills, test items assessing the candidates' knowledge, skill, and ability in comprehensive,
23.3scientifically based reading instruction under section
122A.06, subdivision 4, and their
23.4knowledge and understanding of the foundations of reading development, the development
23.5of reading comprehension, and reading assessment and instruction, and their ability
to
23.6integrate that knowledge and understanding.
23.7(f) The board must adopt rules requiring teacher educators to work directly with
23.8elementary or secondary school teachers in elementary or secondary schools to obtain
23.9periodic exposure to the elementary or secondary teaching environment.
23.10(g) The board must grant licenses to interns and to candidates for initial licenses
23.11based on appropriate professional competencies that are aligned with the board's licensing
23.12system and students' diverse learning needs. All teacher candidates must have preparation
23.13in English language development and content instruction for English learners in order
to be
23.14able to effectively instruct the English learners in their classrooms. The board must
include
23.15these licenses in a statewide differentiated licensing system that creates new leadership
23.16roles for successful experienced teachers premised on a collaborative professional
culture
23.17dedicated to meeting students' diverse learning needs in the 21st century, recognizes
the
23.18importance of cultural and linguistic competencies, including the ability to teach
and
23.19communicate in culturally competent and aware ways, and formalizes mentoring and
23.20induction for newly licensed teachers provided through a teacher support framework.
23.21(h) The board must design and implement an assessment system which requires a
23.22candidate for an initial license and first continuing license to demonstrate the abilities
23.23necessary to perform selected, representative teaching tasks at appropriate levels.
23.24(i) The board must receive recommendations from local committees as established
23.25by the board for the renewal of teaching licenses. The board must require licensed
teachers
23.26who are renewing a continuing license to include in the renewal requirements further
23.27preparation in English language development and specially designed content instruction
23.28in English for English learners.
23.29(j) The board must grant life licenses to those who qualify according to requirements
23.30established by the board, and suspend or revoke licenses pursuant to sections
122A.20 and
23.31214.10
. The board must not establish any expiration date for application for life licenses.
23.32(k) The board must adopt rules that require all licensed teachers who are renewing
23.33their continuing license to include in their renewal requirements further preparation
in
23.34the areas of using positive behavior interventions and in accommodating, modifying,
and
23.35adapting curricula, materials, and strategies to appropriately meet the needs of individual
23.36students and ensure adequate progress toward the state's graduation rule.
24.1(l) In adopting rules to license public school teachers who provide health-related
24.2services for disabled children, the board shall adopt rules consistent with license
or
24.3registration requirements of the commissioner of health and the health-related boards
who
24.4license personnel who perform similar services outside of the school.
24.5(m) The board must adopt rules that require all licensed teachers who are renewing
24.6their continuing license to include in their renewal requirements further reading
24.7preparation, consistent with section
122A.06, subdivision 4. The rules do not take effect
24.8until they are approved by law. Teachers who do not provide direct instruction including,
at
24.9least, counselors, school psychologists, school nurses, school social workers, audiovisual
24.10directors and coordinators, and recreation personnel are exempt from this section.
24.11(n) The board must adopt rules that require all licensed teachers who are renewing
24.12their continuing license to include in their renewal requirements further preparation,
24.13first, in understanding the key warning signs of early-onset mental illness in children
24.14and adolescents and then, during subsequent licensure renewal periods, preparation
may
24.15include providing a more in-depth understanding of students' mental illness trauma,
24.16accommodations for students' mental illness, parents' role in addressing students'
mental
24.17illness, Fetal Alcohol Spectrum Disorders, autism, the requirements of section
125A.0942
24.18governing restrictive procedures, and de-escalation methods, among other similar topics.
24.19
new text begin (o) The board must adopt rules by January 1, 2016, to license applicants under new text end
24.20
new text begin sections 122A.23 and 122A.245. The rules must permit applicants to demonstrate their
new text end
24.21
new text begin qualifications through the board's recognition of a teaching license from another
state new text end
24.22
new text begin in a similar content field, completion of a state-approved teacher preparation program,
new text end
24.23
new text begin teaching experience as the teacher of record in a similar licensure field, depth of
content new text end
24.24
new text begin knowledge, depth of content methods or general pedagogy, subject-specific professional
new text end
24.25
new text begin development and contribution to the field, or classroom performance as determined
by new text end
24.26
new text begin documented student growth on normed assessments or documented effectiveness on new text end
24.27
new text begin evaluations. The rules must adopt criteria for determining a "similar content field"
and new text end
24.28
new text begin "similar licensure area."new text end
24.29
new text begin EFFECTIVE DATE.new text end new text begin This section is effective the day following final enactment new text end
24.30
new text begin and applies to all candidates seeking initial teacher licensure, including those holding
a new text end
24.31
new text begin temporary, one-year teaching license.new text end
24.32 Sec. 10. Minnesota Statutes 2014, section 122A.09, is amended by adding a
24.33subdivision to read:
24.34
new text begin Subd. 4a.new text end new text begin Teacher and administrator preparation and performance data; new text end
24.35
new text begin report.new text end new text begin (a) The Board of Teaching and the Board of School Administrators, in cooperation new text end
25.1
new text begin with the Minnesota Association of Colleges of Teacher Education and Minnesota colleges
new text end
25.2
new text begin and universities offering board-adopted teacher or administrator preparation programs,
new text end
25.3
new text begin annually must collect and report summary data on teacher and administrator preparation
new text end
25.4
new text begin and performance outcomes, consistent with this subdivision. The Board of Teaching
new text end
25.5
new text begin and the Board of School Administrators annually by June 1 must update and post the
new text end
25.6
new text begin reported summary preparation and performance data on teachers and administrators from
new text end
25.7
new text begin the preceding school years on a Web site hosted jointly by the boards.new text end
25.8
new text begin (b) Publicly reported summary data on teacher preparation programs must include: new text end
25.9
new text begin student entrance requirements for each Board of Teaching-approved program, including
new text end
25.10
new text begin grade point average for enrolling students in the preceding year; the average board-adopted
new text end
25.11
new text begin skills examination or ACT or SAT scores of students entering the program in the preceding
new text end
25.12
new text begin year; summary data on faculty qualifications, including at least the content areas
of faculty new text end
25.13
new text begin undergraduate and graduate degrees and their years of experience either as kindergarten
new text end
25.14
new text begin through grade 12 classroom teachers or school administrators; the average time resident
new text end
25.15
new text begin and nonresident program graduates in the preceding year needed to complete the program;
new text end
25.16
new text begin the current number and percent of students by program who graduated, received a standard
new text end
25.17
new text begin Minnesota teaching license, and were hired to teach full time in their licensure field
in a new text end
25.18
new text begin Minnesota district or school in the preceding year; the number of content area credits
and new text end
25.19
new text begin other credits by undergraduate program that students in the preceding school year
needed new text end
25.20
new text begin to complete to graduate; students' pass rates on skills and subject matter exams required
for new text end
25.21
new text begin graduation in each program and licensure area in the preceding school year; survey
results new text end
25.22
new text begin measuring student and graduate satisfaction with the program in the preceding school
new text end
25.23
new text begin year; a standard measure of the satisfaction of school principals or supervising teachers
new text end
25.24
new text begin with the student teachers assigned to a school or supervising teacher; and information
new text end
25.25
new text begin under paragraphs (d) and (e). Program reporting must be consistent with subdivision
11.new text end
25.26
new text begin (c) Publicly reported summary data on administrator preparation programs new text end
25.27
new text begin approved by the Board of School Administrators must include: summary data on faculty
new text end
25.28
new text begin qualifications, including at least the content areas of faculty undergraduate and
graduate new text end
25.29
new text begin degrees and their years of experience either as kindergarten through grade 12 classroom
new text end
25.30
new text begin teachers or school administrators; the average time program graduates in the preceding
new text end
25.31
new text begin year needed to complete the program; the current number and percent of students who
new text end
25.32
new text begin graduated, received a standard Minnesota administrator license, and were employed
as an new text end
25.33
new text begin administrator in a Minnesota school district or school in the preceding year; the
number of new text end
25.34
new text begin credits by graduate program that students in the preceding school year needed to complete
new text end
25.35
new text begin to graduate; survey results measuring student, graduate, and employer satisfaction
with new text end
26.1
new text begin the program in the preceding school year; and information under paragraphs (f) and
(g). new text end
26.2
new text begin Program reporting must be consistent with section 122A.14, subdivision 10.new text end
26.3
new text begin (d) School districts annually by October 1 must report to the Board of Teaching new text end
26.4
new text begin the following information for all teachers who finished the probationary period and
new text end
26.5
new text begin accepted a continuing contract position with the district from September 1 of the
previous new text end
26.6
new text begin year through August 31 of the current year: the effectiveness category or rating of
the new text end
26.7
new text begin teacher on the summative evaluation under section 122A.40, subdivision 8, or 122A.41,
new text end
26.8
new text begin subdivision 5; the licensure area in which the teacher primarily taught during the
new text end
26.9
new text begin three-year evaluation cycle; and the teacher preparation program preparing the teacher
in new text end
26.10
new text begin the teacher's primary areas of instruction and licensure.new text end
26.11
new text begin (e) School districts annually by October 1 must report to the Board of Teaching the
new text end
26.12
new text begin following information for all probationary teachers in the district who were released
or new text end
26.13
new text begin whose contracts were not renewed from September 1 of the previous year through August
new text end
26.14
new text begin 31 of the current year: the licensure areas in which the probationary teacher taught;
and new text end
26.15
new text begin the teacher preparation program preparing the teacher in the teacher's primary areas
of new text end
26.16
new text begin instruction and licensure.new text end
26.17
new text begin (f) School districts annually by October 1 must report to the Board of School new text end
26.18
new text begin Administrators the following information for all school principals and assistant principals
new text end
26.19
new text begin who finished the probationary period and accepted a continuing contract position with
the new text end
26.20
new text begin district from September 1 of the previous year through August 31 of the current year:
the new text end
26.21
new text begin effectiveness category or rating of the principal or assistant principal on the summative
new text end
26.22
new text begin evaluation under section 123B.147, subdivision 3; and the principal preparation program
new text end
26.23
new text begin providing instruction to the principal or assistant principal.new text end
26.24
new text begin (g) School districts annually by October 1 must report to the Board of School new text end
26.25
new text begin Administrators all probationary school principals and assistant principals in the
district new text end
26.26
new text begin who were released or whose contracts were not renewed from September 1 of the previous
new text end
26.27
new text begin year through August 31 of the current year.new text end
26.28
new text begin EFFECTIVE DATE.new text end new text begin This section is effective July 1, 2016.new text end
26.29 Sec. 11. Minnesota Statutes 2014, section 122A.09, is amended by adding a
26.30subdivision to read:
26.31
new text begin Subd. 11.new text end new text begin Teacher preparation program reporting.new text end new text begin By December 31, 2018, and new text end
26.32
new text begin annually thereafter, the Board of Teaching shall report and publish on its Web site
the new text end
26.33
new text begin cumulative summary results of at least three consecutive years of data reported to
the board new text end
26.34
new text begin under subdivision 4a, paragraph (b). Where the data are sufficient to yield statistically
new text end
27.1
new text begin reliable information and the results would not reveal personally identifiable information
new text end
27.2
new text begin about an individual teacher, the board shall report the data by teacher preparation
program.new text end
27.3 Sec. 12. Minnesota Statutes 2014, section 122A.14, subdivision 3, is amended to read:
27.4 Subd. 3.
Rules for continuing education requirements. The board shall
27.5adopt rules establishing continuing education requirements that promote continuous
27.6improvement and acquisition of new and relevant skills by school administrators.
27.7Continuing education programs, among other things, must provide school administrators
27.8with information and training about building coherent and effective English learner
27.9strategies that include relevant professional development, accountability for student
27.10progress, students' access to the general curriculum, and sufficient staff capacity
to effect
27.11these strategies. A retired school principal who serves as a substitute principal or assistant
27.12principal for the same person on a day-to-day basis for no more than 15 consecutive
27.13school days is not subject to continuing education requirements as a condition of
serving
27.14as a substitute principal or assistant principal.
27.15
new text begin EFFECTIVE DATE.new text end new text begin This section is effective the day following final enactment.new text end
27.16 Sec. 13. Minnesota Statutes 2014, section 122A.14, is amended by adding a
27.17subdivision to read:
27.18
new text begin Subd. 10.new text end new text begin Principal preparation program reporting.new text end new text begin By December 31, 2018, and new text end
27.19
new text begin annually thereafter, the Board of School Administrators shall report and publish on
its new text end
27.20
new text begin Web site the cumulative summary results of three years of data reported to the board
under new text end
27.21
new text begin section 122A.09, subdivision 4a, paragraph (c), for each principal preparation program.new text end
27.22 Sec. 14. Minnesota Statutes 2014, section 122A.18, subdivision 2, is amended to read:
27.23 Subd. 2.
Teacher and support personnel qualifications. (a) The Board of Teaching
27.24must issue licenses under its jurisdiction to persons the board finds to be qualified
and
27.25competent for their respective positions
new text begin , including those meeting the standards adopted new text end
27.26
new text begin under section 122A.09, subdivision 4, paragraph (o)new text end .
27.27(b) The board must require a person to pass an
new text begin candidate for teacher licensure to new text end
27.28
new text begin demonstrate a passing score on a board-adopted new text end examination of skills in reading, writing,
27.29and mathematics or attain either a composite score composed of the average of the scores in
27.30English and writing, reading, and mathematics on the ACT Plus Writing recommended
by
27.31the board, or an equivalent composite score composed of the average of the scores
in critical
27.32reading, mathematics, and writing on the SAT recommended by the board, before being
27.33granted an initial teaching license to provide direct instruction to pupils in prekindergarten,
28.1elementary, secondary, or special education programs, except that the board may issue
up
28.2to two
new text begin four new text end temporary, one-year teaching licenses to an otherwise qualified candidate who
28.3has not yet passed the
new text begin a board-adopted new text end skills exam or attained the requisite composite score
28.4on the ACT Plus Writing or SAT.
new text begin At the request of the employing school district or charter new text end
28.5
new text begin school, the Board of Teaching may issue a restricted license to an otherwise qualified
new text end
28.6
new text begin teacher not passing or demonstrating a passing score on a board-adopted skills examination
new text end
28.7
new text begin in reading, writing, and math. For purposes of this section, the restricted license
issued by new text end
28.8
new text begin the board is limited to the current subject or content matter the teacher is employed
to teach new text end
28.9
new text begin and limited to the district or charter school requesting the restricted license. If
the board new text end
28.10
new text begin denies the request, it must provide a detailed response to the school administrator
as to the new text end
28.11
new text begin reasons for the denial. new text end The board must require colleges and universities offering a board
28.12approved teacher preparation program to make available upon request remedial assistance
28.13that includes a formal diagnostic component to persons enrolled in their institution
who
28.14did not achieve a qualifying score on the
new text begin a board-adopted new text end skills examination or attain the
28.15requisite composite ACT Plus Writing or SAT score, including those for whom English is
28.16a second language. The colleges and universities must make available assistance in
the
28.17specific academic areas of candidates' deficiency. School districts may make available
28.18upon request similar, appropriate, and timely remedial assistance that includes a
formal
28.19diagnostic component to those persons employed by the district who completed their
28.20teacher education program, who did not achieve a qualifying score on the
new text begin a board-adopted new text end
28.21skills examination, or attain the requisite composite ACT Plus Writing or SAT score,
28.22and who received a temporary license to teach in Minnesota. The Board of Teaching
28.23shall report annually to the education committees of the legislature on the total
number
28.24of teacher candidates during the most recent school year taking the
new text begin a board-adopted new text end
28.25skills examination, the number who achieve a qualifying score on the examination,
the
28.26number who do not achieve a qualifying score on the examination, the distribution of all
28.27candidates' scores, the number of candidates who have taken the examination at least
once
28.28before, and the number of candidates who have taken the examination at least once
before
28.29and achieve a qualifying score, and the candidates who have not attained the requisite
28.30composite ACT Plus Writing or SAT score or have not passed a content or pedagogy
28.31exam, disaggregated by categories of race, ethnicity, and eligibility for financial
aid.
28.32(c) The Board of Teaching must grant continuing licenses only to those persons who
28.33have met board criteria for granting a continuing license, which includes passing
the
new text begin a new text end
28.34
new text begin board-adopted new text end skills examination in reading, writing, and mathematics or attaining the
28.35requisite composite ACT Plus Writing or SAT score consistent with paragraph (b), and the
28.36exceptions in section
122A.09, subdivision 4, paragraph (b), that are consistent with this
29.1paragraph. The requirement to pass a
new text begin board-adopted new text end reading, writing, and mathematics
29.2skills examination, or attain the requisite composite score on the ACT Plus Writing or SAT
29.3does not apply to nonnative English speakers, as verified by qualified Minnesota school
29.4district personnel or Minnesota higher education faculty, who, after meeting the content
and
29.5pedagogy requirements under this subdivision, apply for a teaching license to provide
direct
29.6instruction in their native language or world language instruction under section
120B.022,
29.7subdivision 1
. A teacher candidate's official ACT Plus Writing or SAT composite score
29.8report to the board must not be more than ten years old at the time of licensure.
29.9(d) All colleges and universities approved by the board of teaching to prepare persons
29.10for teacher licensure must include in their teacher preparation programs a common
core
29.11of teaching knowledge and skills to be acquired by all persons recommended for teacher
29.12licensure. Among other requirements, teacher candidates must demonstrate the knowledge
29.13and skills needed to provide appropriate instruction to English learners to support
and
29.14accelerate their academic literacy, including oral academic language, and achievement
in
29.15content areas in a regular classroom setting. This common core shall meet the standards
29.16developed by the interstate new teacher assessment and support consortium in its 1992
29.17"model standards for beginning teacher licensing and development." Amendments to
29.18standards adopted under this paragraph are covered by chapter 14. The board of teaching
29.19shall report annually to the education committees of the legislature on the performance
29.20of teacher candidates on common core assessments of knowledge and skills under this
29.21paragraph during the most recent school year.
29.22 Sec. 15. Minnesota Statutes 2014, section 122A.18, is amended by adding a
29.23subdivision to read:
29.24
new text begin Subd. 4a.new text end new text begin Limited provisional licenses.new text end new text begin The board may grant two-year provisional new text end
29.25
new text begin licenses to a licensure candidate in a field in which they were not previously licensed
or in a new text end
29.26
new text begin field in which a shortage of licensed teachers exists. A shortage is defined as an
inadequate new text end
29.27
new text begin supply of licensed personnel in a given licensure area as determined by the commissioner.new text end
29.28 Sec. 16. Minnesota Statutes 2014, section 122A.20, subdivision 1, is amended to read:
29.29 Subdivision 1.
Grounds for revocation, suspension, or denial. (a) The Board of
29.30Teaching or Board of School Administrators, whichever has jurisdiction over a teacher's
29.31licensure, may, on the written complaint of the school board employing a teacher,
a teacher
29.32organization, or any other interested person, refuse to issue, refuse to renew, suspend,
or
29.33revoke a teacher's license to teach for any of the following causes:
29.34 (1) immoral character or conduct;
30.1 (2) failure, without justifiable cause, to teach for the term of the teacher's contract;
30.2 (3) gross inefficiency or willful neglect of duty;
30.3 (4) failure to meet licensure requirements; or
30.4 (5) fraud or misrepresentation in obtaining a license.
30.5 The written complaint must specify the nature and character of the charges.
30.6 (b) The Board of Teaching or Board of School Administrators, whichever
30.7has jurisdiction over a teacher's licensure, shall refuse to issue, refuse to renew,
or
30.8automatically revoke a teacher's license to teach without the right to a hearing upon
30.9receiving a certified copy of a conviction showing that the teacher has been convicted
30.10of child abuse, as defined in section
609.185,
new text begin sex trafficking in the first degree under new text end
30.11
new text begin section 609.322, subdivision 1, sex trafficking in the second degree under section
609.322, new text end
30.12
new text begin subdivision 1a, engaging in hiring, or agreeing to hire a minor to engage in prostitution
new text end
30.13
new text begin under section 609.324, subdivision 1, new text end sexual abuse under section
609.342,
609.343,
30.14609.344
,
609.345,
609.3451, subdivision 3, or
617.23, subdivision 3,
new text begin solicitation of new text end
30.15
new text begin children to engage in sexual conduct or communication of sexually explicit materials
new text end
30.16
new text begin to children under section 609.352, interference with privacy under section 609.746
or new text end
30.17
new text begin stalking under section 609.749 and the victim was a minor, new text end using minors in a sexual
30.18performance under section
617.246, or possessing pornographic works involving a minor
30.19under section
617.247,
new text begin or any other offense not listed in this paragraph that requires the new text end
30.20
new text begin person to register as a predatory offender under section 243.166, new text end or
new text begin a crime new text end under a similar
30.21law of another state or the United States. The board shall send notice of this licensing
30.22action to the district in which the teacher is currently employed.
30.23 (c) A person whose license to teach has been revoked, not issued, or not renewed
30.24under paragraph (b), may petition the board to reconsider the licensing action if
the
30.25person's conviction for child abuse or sexual abuse is reversed by a final decision
of the
30.26Court of Appeals or the Supreme Court or if the person has received a pardon for the
30.27offense. The petitioner shall attach a certified copy of the appellate court's final
decision or
30.28the pardon to the petition. Upon receiving the petition and its attachment, the board
shall
30.29schedule and hold a disciplinary hearing on the matter under section
214.10, subdivision 2,
30.30unless the petitioner waives the right to a hearing. If the board finds that, notwithstanding
30.31the reversal of the petitioner's criminal conviction or the issuance of a pardon,
the
30.32petitioner is disqualified from teaching under paragraph (a), clause (1), the board
shall
30.33affirm its previous licensing action. If the board finds that the petitioner is not
disqualified
30.34from teaching under paragraph (a), clause (1), it shall reverse its previous licensing
action.
30.35 (d) For purposes of this subdivision, the Board of Teaching is delegated the authority
30.36to suspend or revoke coaching licenses.
31.1 Sec. 17. Minnesota Statutes 2014, section 122A.21, subdivision 2, is amended to read:
31.2 Subd. 2.
Licensure via portfolio. (a) An eligible candidate may use licensure
31.3via portfolio to obtain an initial licensure or to add a licensure field, consistent
with the
31.4applicable Board of Teaching licensure rules.
31.5 (b) A candidate for initial licensure must submit to the Educator Licensing Division
31.6at the department one portfolio demonstrating pedagogical competence and one portfolio
31.7demonstrating content competence.
31.8 (c) A candidate seeking to add a licensure field must submit to the Educator
31.9Licensing Division at the department one portfolio demonstrating content competence.
31.10 (d)
new text begin The Board of Teaching must notify a candidate who submits a portfolio under new text end
31.11
new text begin paragraph (b) or (c) within 90 calendar days after the portfolio is received whether
or not new text end
31.12
new text begin the portfolio was approved. If the portfolio was not approved, the board must immediately
new text end
31.13
new text begin inform the candidate how to revise the portfolio to successfully demonstrate the requisite
new text end
31.14
new text begin competence. The candidate may resubmit a revised portfolio at any time and the Educator
new text end
31.15
new text begin Licensing Division at the department must approve or disapprove the portfolio within
new text end
31.16
new text begin 60 calendar days of receiving it.new text end
31.17
new text begin (e) new text end A candidate must pay to the executive secretary of the Board of Teaching a
31.18$300 fee for the first portfolio submitted for review and a $200 fee for any portfolio
31.19submitted subsequently. The fees must be paid to the executive secretary of the Board
of
31.20Teaching. The revenue generated from the fee must be deposited in an education licensure
31.21portfolio account in the special revenue fund. The fees set by the Board of Teaching
are
31.22nonrefundable for applicants not qualifying for a license. The Board of Teaching may
31.23waive or reduce fees for candidates based on financial need.
31.24
new text begin EFFECTIVE DATE.new text end new text begin This section is effective the day following final enactment and new text end
31.25
new text begin applies to all portfolios submitted to the Educator Licensing Division at the department
new text end
31.26
new text begin after that date.new text end
31.27 Sec. 18. Minnesota Statutes 2014, section 122A.23, is amended to read:
31.28
122A.23 APPLICANTS TRAINED IN OTHER STATES.
31.29 Subdivision 1.
Preparation equivalency. When a license to teach is authorized to
31.30be issued to any holder of a diploma or a degree of a Minnesota state university,
or of the
31.31University of Minnesota, or of a liberal arts university, or a technical training
institution,
31.32such license may also, in the discretion of the Board of Teaching or the commissioner
of
31.33education, whichever has jurisdiction, be issued to any holder of a diploma or a degree
31.34of a teacher training institution of equivalent rank and standing of any other state.
The
32.1diploma or degree must be granted by virtue of completing a course
new text begin courseworknew text end in teacher
32.2preparation essentially equivalent in content to that required by such Minnesota state
32.3university or the University of Minnesota or a liberal arts university in Minnesota
or a
32.4technical training institution as preliminary to the granting of a diploma or a degree of the
32.5same rank and class. For purposes of granting a Minnesota teaching license to a person
32.6who receives a diploma or degree from a state-accredited, out-of-state teacher training
32.7program leading to licensure, the Board of Teaching must establish criteria and streamlined
32.8procedures
new text begin by January 1, 2016, new text end to recognize the experience and professional credentials of
32.9the person holding the out-of-state diploma or degree and allow that person to demonstrate
32.10to the board the person's qualifications for receiving a Minnesota teaching license
based
32.11on performance measures the board adopts
new text begin by January 1, 2016, new text end under this section.
32.12 Subd. 2.
Applicants licensed in other states. (a) Subject to the requirements
32.13of sections
122A.18, subdivision 8, and
123B.03, the Board of Teaching must issue a
32.14teaching license or a temporary teaching license under paragraphs (b)
new text begin (c)new text end to (e)
new text begin (f) new text end to an
32.15applicant who holds at least a baccalaureate degree from a regionally accredited college
32.16or university and holds or held a similar
new text begin an new text end out-of-state teaching license that requires the
32.17applicant to successfully complete a teacher preparation program approved by the issuing
32.18state, which includes
new text begin either (1) new text end field-specific teaching methods and
new text begin ,new text end student teaching
new text begin ,new text end or
32.19essentially equivalent experience
new text begin , or (2) at least two years of teaching experience as the new text end
32.20
new text begin teacher of record in a similar licensure fieldnew text end .
32.21(b)
new text begin The Board of Teaching may issue a standard license on the basis of teaching new text end
32.22
new text begin experience and examination requirements only.new text end
32.23
new text begin (c) new text end The Board of Teaching must issue a teaching license to an applicant who:
32.24(1) successfully completed all exams and human relations preparation components
32.25required by the Board of Teaching; and
32.26(2) holds or held an out-of-state teaching license to teach the same
new text begin a similar new text end content
32.27field and grade levels if the scope of the out-of-state license is no more than two
grade
32.28levels less than a similar Minnesota license
new text begin , and either (i) has completed field-specific new text end
32.29
new text begin teaching methods, student teaching, or equivalent experience, or (ii) has at least
two years new text end
32.30
new text begin of teaching experience as the teacher of record in a similar licensure fieldnew text end .
32.31(c)
new text begin (d) new text end The Board of Teaching, consistent with board rules and paragraph (h)
new text begin (i)new text end ,
32.32must issue up to three
new text begin fournew text end one-year temporary teaching licenses to an applicant who holds
32.33or held an out-of-state teaching license to teach the same
new text begin a similar new text end content field and grade
32.34levels, where the scope of the out-of-state license is no more than two grade levels
less
32.35than a similar Minnesota license, but has not successfully completed all exams and
human
32.36relations preparation components required by the Board of Teaching.
33.1(d)
new text begin (e) new text end The Board of Teaching, consistent with board rules, must issue up to three
33.2
new text begin fournew text end one-year temporary teaching licenses to an applicant who:
33.3(1) successfully completed all exams and human relations preparation components
33.4required by the Board of Teaching; and
33.5(2) holds or held an out-of-state teaching license to teach the same
new text begin a similar new text end content
33.6field and grade levels, where the scope of the out-of-state license is no more than
two
33.7grade levels less than a similar Minnesota license, but has not completed field-specific
33.8teaching methods or student teaching or equivalent experience.
33.9The applicant may complete field-specific teaching methods and student teaching
33.10or equivalent experience by successfully participating in a one-year school district
33.11mentorship program consistent with board-adopted standards of effective practice and
33.12Minnesota graduation requirements.
33.13(e)
new text begin (f) new text end The Board of Teaching must issue a temporary
new text begin restrictednew text end teaching license
33.14for a term of up to three years only in the content field or grade levels specified in the
33.15out-of-state license to an applicant who:
33.16(1) successfully completed all exams and human relations preparation components
33.17required by the Board of Teaching; and
33.18(2) holds or held an out-of-state teaching license where the out-of-state license
is
33.19more limited in the content field or grade levels than a similar Minnesota license.
33.20(f)
new text begin (g) new text end The Board of Teaching must not issue to an applicant more than three
33.21one-year temporary teaching licenses under this subdivision
new text begin may issue a two-year limited new text end
33.22
new text begin provisional license to an applicant under this subdivision to teach in a shortage
area, new text end
33.23
new text begin consistent with section 122A.18, subdivision 4anew text end .
33.24(g)
new text begin (h) new text end The Board of Teaching must not
new text begin may new text end issue a license under this subdivision if
33.25the applicant has not attained the additional degrees, credentials, or licenses required in
33.26a particular licensure field
new text begin and the applicant can demonstrate competency by obtaining new text end
33.27
new text begin qualifying scores on the board-adopted skills examination in reading, writing, and
new text end
33.28
new text begin mathematics, and on applicable board-adopted rigorous content area and pedagogy new text end
33.29
new text begin examinations under section 122A.09, subdivision 4, paragraphs (a) and (e)new text end .
33.30(h)
new text begin (i) new text end The Board of Teaching must require an applicant for a teaching license
33.31or a temporary teaching license under this subdivision to pass a
new text begin board-adoptednew text end skills
33.32examination in reading, writing, and mathematics or demonstrate, consistent with section
33.33
122A.09, subdivision 4, the applicant's attainment of either the requisite composite ACT
33.34Plus Writing or SAT score before the board issues the license unless, notwithstanding
33.35other provisions of this subdivision, an applicable board-approved National Association
of
34.1State Directors of Teacher Education interstate reciprocity agreement exists to allow
fully
34.2certified teachers from other states to transfer their certification to Minnesota.
34.3
new text begin Subd. 3.new text end new text begin Teacher licensure agreements with adjoining states.new text end new text begin (a) Notwithstanding new text end
34.4
new text begin any other law to the contrary, the Board of Teaching must enter into a National Association
new text end
34.5
new text begin of State Directors of Teacher Education and Certification (NASDTEC) interstate new text end
34.6
new text begin agreement and other interstate agreements for teacher licensure to allow fully certified
new text end
34.7
new text begin teachers from adjoining states to transfer their certification to Minnesota. The board
must new text end
34.8
new text begin enter into these interstate agreements only after determining that the rigor of the
teacher new text end
34.9
new text begin licensure or certification requirements in the adjoining state is commensurate with
the new text end
34.10
new text begin rigor of Minnesota's teacher licensure requirements. The board may limit an interstate
new text end
34.11
new text begin agreement to particular content fields or grade levels based on established priorities
or new text end
34.12
new text begin identified shortages. This subdivision does not apply to out-of-state applicants holding
new text end
34.13
new text begin only a provisional teaching license.new text end
34.14
new text begin (b) The Board of Teaching must work with designated authorities in adjoining states
new text end
34.15
new text begin to establish interstate teacher licensure agreements under this section.new text end
34.16
new text begin EFFECTIVE DATE.new text end new text begin This section is effective August 1, 2015.new text end
34.17 Sec. 19. Minnesota Statutes 2014, section 122A.245, subdivision 1, is amended to read:
34.18 Subdivision 1.
Requirements. (a) To improve academic excellence, improve ethnic
34.19and cultural diversity in the classroom, and close the academic achievement gap, the
34.20Board of Teaching must approve qualified teacher preparation programs under this section
34.21that are a means to acquire a two-year limited-term license, which the board may renew
34.22one time for an additional one-year term, and to prepare for acquiring a standard
license.
34.23The following entities are eligible to participate under this section:
34.24(1) a school district or
new text begin ,new text end charter school
new text begin , or nonprofit corporation organized under new text end
34.25
new text begin chapter 317A for an education-related purposenew text end that forms a partnership with a college or
34.26university that has a board-approved alternative teacher preparation program; or
34.27(2) a school district or charter school, after consulting with a college or university
34.28with a board-approved teacher preparation program, that forms a partnership with a
34.29nonprofit corporation organized under chapter 317A for an education-related purpose
that
34.30has a board-approved teacher preparation program.
34.31(b) Before participating in this program
new text begin becoming a teacher of recordnew text end , a candidate
34.32must:
34.33(1) have a bachelor's degree with a 3.0 or higher grade point average unless the
34.34board waives the grade point average requirement based on board-adopted criteria
new text begin adopted new text end
34.35
new text begin by January 1, 2016new text end ;
35.1(2) pass the
new text begin demonstrate a passing score on a board-adopted new text end reading, writing, and
35.2mathematics skills examination under section
122A.09, subdivision 4, paragraph (b); and
35.3(3) obtain qualifying scores on applicable board-approved rigorous content area and
35.4pedagogy examinations under section
122A.09, subdivision 4, paragraph (e).
35.5(c) The Board of Teaching must issue a two-year limited-term license to a person
35.6who enrolls in an alternative teacher preparation program.
35.7
new text begin EFFECTIVE DATE.new text end new text begin This section is effective the day following final enactment.new text end
35.8 Sec. 20. Minnesota Statutes 2014, section 122A.245, subdivision 3, is amended to read:
35.9 Subd. 3.
Program approval; disapproval. (a) The Board of Teaching must approve
35.10alternative teacher preparation programs under this section based on board-adopted
35.11criteria that reflect best practices for alternative teacher preparation programs,
consistent
35.12with this section.
35.13
new text begin (b) new text end The board must permit teacher candidates to demonstrate mastery of pedagogy
35.14and content standards in school-based settings and through other nontraditional means.
35.15
new text begin "Nontraditional means" must include a portfolio of previous experiences, teaching
new text end
35.16
new text begin experience, educator evaluations, certifications marking the completion of education
new text end
35.17
new text begin training programs, and essentially equivalent demonstrations. new text end
35.18
new text begin (c) The board must use nontraditional criteria to determine the qualifications of
new text end
35.19
new text begin program instructors.new text end
35.20
new text begin (d) The board may permit instructors to hold a baccalaureate degree only.new text end
35.21(b)
new text begin (e) new text end If the Board of Teaching determines that a teacher preparation program under
35.22this section does not meet the requirements of this section, it may revoke its approval
35.23of the program after it notifies the program provider of any deficiencies and gives
the
35.24program provider an opportunity to remedy the deficiencies.
35.25 Sec. 21. Minnesota Statutes 2014, section 122A.245, subdivision 7, is amended to read:
35.26 Subd. 7.
Standard license. The Board of Teaching must issue a standard license
35.27to an otherwise qualified teacher candidate under this section who successfully performs
35.28throughout a program under this section, successfully completes all required
new text begin obtains new text end
35.29
new text begin qualifying scores on applicable board-adopted rigorous new text end skills, pedagogy, and content
35.30area examinations under section
122A.09, subdivision 4, paragraphs (a) and (e), and is
35.31recommended for licensure under subdivision 5 or successfully demonstrates to the
board
35.32qualifications for licensure under subdivision 6.
35.33 Sec. 22. Minnesota Statutes 2014, section 122A.30, is amended to read:
36.1
122A.30 EXEMPTION FOR TECHNICAL COLLEGEnew text begin EDUCATION new text end
36.2
INSTRUCTORS.
36.3
new text begin (a) new text end Notwithstanding section
122A.15, subdivision 1,
new text begin and upon approval of the local new text end
36.4
new text begin employer school board,new text end a person who teaches in a part-time vocational
new text begin or career and new text end
36.5technical education program not more than 61 hours per fiscal year is exempt from a
36.6license requirement.
new text begin Nothing in this section shall exclude licensed career and technical new text end
36.7
new text begin educators from the definition of "teacher" in section 122A.40, 122A.41, or 179A.03.new text end
36.8
new text begin (b) This section expires June 30, 2020.new text end
36.9
new text begin EFFECTIVE DATE.new text end new text begin This section is effective the day following final enactment new text end
36.10
new text begin and applies to all technical education instructors hired after that date.new text end
36.11 Sec. 23. Minnesota Statutes 2014, section 122A.40, subdivision 8, is amended to read:
36.12 Subd. 8.
Development, evaluation, and peer coaching for continuing contract
36.13
teachers. (a) To improve student learning and success, a school board and an exclusive
36.14representative of the teachers in the district, consistent with paragraph (b), may
develop
36.15a teacher evaluation and peer review process for probationary and continuing contract
36.16teachers through joint agreement. If a school board and the exclusive representative
of the
36.17teachers do not agree to an annual teacher evaluation and peer review process, then
the
36.18school board and the exclusive representative of the teachers must implement the state
36.19teacher evaluation plan under paragraph (c). The process must include having trained
36.20observers serve as peer coaches or having teachers participate in professional learning
36.21communities, consistent with paragraph (b).
36.22 (b) To develop, improve, and support qualified teachers and effective teaching
36.23practices and improve student learning and success, the annual evaluation process
for
36.24teachers:
36.25 (1) must, for probationary teachers, provide for all evaluations required under
36.26subdivision 5;
36.27 (2) must establish a three-year professional review cycle for each teacher that
36.28includes an individual growth and development plan, a peer review process, and at
least
36.29one summative evaluation performed by a qualified and trained evaluator such as a
school
36.30administrator. For the years when a tenured teacher is not evaluated by a qualified
and
36.31trained evaluator, the teacher must be evaluated by a peer review;
36.32 (3) must be based on professional teaching standards established in rule;
36.33 (4) must coordinate staff development activities under sections
122A.60 and
36.34122A.61
with this evaluation process and teachers' evaluation outcomes;
37.1 (5) may provide time during the school day and school year for peer coaching and
37.2teacher collaboration;
37.3 (6) may include job-embedded learning opportunities such as professional learning
37.4communities;
37.5 (7) may include mentoring and induction programs;
37.6 (8) must include an option for teachers to develop and present a portfolio
37.7demonstrating evidence of reflection and professional growth, consistent with section
37.8122A.18, subdivision 4
, paragraph (b), and include teachers' own performance assessment
37.9based on student work samples and examples of teachers' work, which may include video
37.10among other activities for the summative evaluation;
37.11 (9) must use data from valid and reliable assessments aligned to state and local
37.12academic standards and must use state and local measures of student growth and literacy
37.13that may include value-added models or student learning goals to determine 35 percent
of
37.14teacher evaluation results;
37.15 (10) must use longitudinal data on student engagement and connection, and other
37.16student outcome measures explicitly aligned with the elements of curriculum for which
37.17teachers are responsible, including academic literacy, oral academic language, and
37.18achievement of content areas of English learners;
37.19 (11) must require qualified and trained evaluators such as school administrators to
37.20perform summative evaluations and ensure school districts and charter schools provide
for
37.21effective evaluator training specific to teacher development and evaluation;
37.22 (12) must give teachers not meeting professional teaching standards under clauses
37.23(3) through (11) support to improve through a teacher improvement process that includes
37.24established goals and timelines; and
37.25 (13) must discipline a teacher for not making adequate progress in the teacher
37.26improvement process under clause (12) that may include a last chance warning,
37.27termination, discharge, nonrenewal, transfer to a different position, a leave of absence,
or
37.28other discipline a school administrator determines is appropriate.
37.29 Data on individual teachers generated under this subdivision are personnel data
37.30under section
13.43. The observation and interview notes of peer coaches may only be
37.31disclosed to other school officials with the consent of the teacher being coached.
37.32 (c) The department, in consultation with parents who may represent parent
37.33organizations and teacher and administrator representatives appointed by their respective
37.34organizations, representing the Board of Teaching, the Minnesota Association of School
37.35Administrators, the Minnesota School Boards Association, the Minnesota Elementary
37.36and Secondary Principals Associations, Education Minnesota, and representatives of
38.1the Minnesota Assessment Group, the Minnesota Business Partnership, the Minnesota
38.2Chamber of Commerce, and Minnesota postsecondary institutions with research expertise
38.3in teacher evaluation, must create and publish a teacher evaluation process that complies
38.4with the requirements in paragraph (b) and applies to all teachers under this section
and
38.5section
122A.41 for whom no agreement exists under paragraph (a) for an annual teacher
38.6evaluation and peer review process. The teacher evaluation process created under this
38.7subdivision does not create additional due process rights for probationary teachers
under
38.8subdivision 5.
38.9
new text begin (d) Consistent with the measures of teacher effectiveness under this subdivision:new text end
38.10
new text begin (1) for students in kindergarten through grade 4, a school administrator must not
new text end
38.11
new text begin place or approve the placement of a student in the classroom of a teacher who is in
the new text end
38.12
new text begin improvement process referenced in paragraph (b), clause (12), or has not had a summative
new text end
38.13
new text begin evaluation if, in the prior year, that student was in the classroom of a teacher who
received new text end
38.14
new text begin discipline pursuant to paragraph (b), clause (13), unless no other teacher at the
school new text end
38.15
new text begin teaches that grade; andnew text end
38.16
new text begin (2) for students in grades 5 through 12, a school administrator must not place new text end
38.17
new text begin or approve the placement of a student in the classroom of a teacher who is in the
new text end
38.18
new text begin improvement process referenced in paragraph (b), clause (12), or has not had a summative
new text end
38.19
new text begin evaluation if, in the prior year, that student was in the classroom of a teacher who
received new text end
38.20
new text begin discipline pursuant to paragraph (b), clause (13), unless no other teacher at the
school new text end
38.21
new text begin teaches that subject area and grade.new text end
38.22
new text begin All data created and used under this paragraph retains its classification under chapter
13.new text end
38.23 Sec. 24. Minnesota Statutes 2014, section 122A.40, subdivision 13, is amended to read:
38.24 Subd. 13.
Immediate discharge. (a) Except as otherwise provided in paragraph
38.25(b), a board may discharge a continuing-contract teacher, effective immediately, upon
any
38.26of the following grounds:
38.27(1) immoral conduct, insubordination, or conviction of a felony;
38.28(2) conduct unbecoming a teacher which requires the immediate removal of the
38.29teacher from classroom or other duties;
38.30(3) failure without justifiable cause to teach without first securing the written
release
38.31of the school board;
38.32(4) gross inefficiency which the teacher has failed to correct after reasonable written
38.33notice;
38.34(5) willful neglect of duty; or
39.1(6) continuing physical or mental disability subsequent to a 12 months leave of
39.2absence and inability to qualify for reinstatement in accordance with subdivision
12.
39.3For purposes of this paragraph, conduct unbecoming a teacher includes an unfair
39.4discriminatory practice described in section
363A.13.
39.5Prior to discharging a teacher under this paragraph, the board must notify the teacher
39.6in writing and state its ground for the proposed discharge in reasonable detail. Within
39.7ten days after receipt of this notification the teacher may make a written request
for a
39.8hearing before the board and it shall be granted before final action is taken. The
board
39.9may suspend a teacher with pay pending the conclusion of the hearing and determination
39.10of the issues raised in the hearing after charges have been filed which constitute
ground for
39.11discharge. If a teacher has been charged with a felony and the underlying conduct
that
39.12is the subject of the felony charge is a ground for a proposed immediate discharge,
the
39.13suspension pending the conclusion of the hearing and determination of the issues may
be
39.14without pay. If a hearing under this paragraph is held, the board must reimburse the
teacher
39.15for any salary or compensation withheld if the final decision of the board or the
arbitrator
39.16does not result in a penalty to or suspension, termination, or discharge of the teacher.
39.17(b) A board must discharge a continuing-contract teacher, effective immediately,
39.18upon receipt of notice under section
122A.20, subdivision 1, paragraph (b), that the
39.19teacher's license has been revoked due to a conviction for child abuse or
new text begin , as defined in new text end
39.20
new text begin section new text end
new text begin ; sex trafficking in the first degree under section 609.322, subdivision 1; new text end
39.21
new text begin sex trafficking in the second degree under section 609.322, subdivision 1a; engaging
new text end
39.22
new text begin in hiring or agreeing to hire a minor to engage in prostitution under section 609.324,
new text end
39.23
new text begin subdivision 1;new text end sexual abuse
new text begin under section new text end
new text begin , new text end
new text begin , new text end
new text begin , new text end
new text begin , new text end
new text begin 609.3451, new text end
39.24new text begin subdivision 3new text end
new text begin , or new text end
new text begin 617.23, subdivision 3new text end new text begin ; solicitation of children to engage in sexual new text end
39.25
new text begin conduct or communication of sexually explicit materials to children under section
new text end
39.26
new text begin 609.352; interference with privacy under section 609.746 or stalking under section
new text end
39.27
new text begin 609.749 and the victim was a minor; using minors in a sexual performance under section
new text end
39.28
new text begin ; possessing pornographic works involving a minor under section new text end
new text begin ; or new text end
39.29
new text begin any other offense not listed in this paragraph that requires the person to register
as a new text end
39.30
new text begin predatory offender under section 243.166, or a crime under a similar law of another
state new text end
39.31
new text begin or the United Statesnew text end .
39.32(c) When a teacher is discharged under paragraph (b) or when the commissioner
39.33makes a final determination of child maltreatment involving a teacher under section
39.34626.556, subdivision 11
, the school principal or other person having administrative
39.35control of the school must include in the teacher's employment record the information
39.36contained in the record of the disciplinary action or the final maltreatment determination,
40.1consistent with the definition of public data under section
13.41, subdivision 5, and must
40.2provide the Board of Teaching and the licensing division at the department with the
40.3necessary and relevant information to enable the Board of Teaching and the department's
40.4licensing division to fulfill their statutory and administrative duties related to
issuing,
40.5renewing, suspending, or revoking a teacher's license. Information received by the
Board
40.6of Teaching or the licensing division at the department under this paragraph is governed
40.7by section
13.41 or other applicable law governing data of the receiving entity. In addition
40.8to the background check required under section
123B.03, a school board or other school
40.9hiring authority must contact the Board of Teaching and the department to determine
40.10whether the teacher's license has been suspended or revoked, consistent with the discharge
40.11and final maltreatment determinations identified in this paragraph. Unless restricted
by
40.12federal or state data practices law or by the terms of a collective bargaining agreement,
40.13the responsible authority for a school district must disseminate to another school
district
40.14private personnel data on a current or former teacher employee or contractor of the
district,
40.15including the results of background investigations, if the requesting school district
seeks
40.16the information because the subject of the data has applied for employment with the
40.17requesting school district.
40.18
new text begin EFFECTIVE DATE.new text end new text begin This section is effective the day following final enactment.new text end
40.19 Sec. 25. Minnesota Statutes 2014, section 122A.41, subdivision 5, is amended to read:
40.20 Subd. 5.
Development, evaluation, and peer coaching for continuing contract
40.21
teachers. (a) To improve student learning and success, a school board and an exclusive
40.22representative of the teachers in the district, consistent with paragraph (b), may
develop an
40.23annual teacher evaluation and peer review process for probationary and nonprobationary
40.24teachers through joint agreement. If a school board and the exclusive representative
of
40.25the teachers in the district do not agree to an annual teacher evaluation and peer
review
40.26process, then the school board and the exclusive representative of the teachers must
40.27implement the state teacher evaluation plan developed under paragraph (c). The process
40.28must include having trained observers serve as peer coaches or having teachers participate
40.29in professional learning communities, consistent with paragraph (b).
40.30 (b) To develop, improve, and support qualified teachers and effective teaching
40.31practices and improve student learning and success, the annual evaluation process
for
40.32teachers:
40.33 (1) must, for probationary teachers, provide for all evaluations required under
40.34subdivision 2;
41.1 (2) must establish a three-year professional review cycle for each teacher that
41.2includes an individual growth and development plan, a peer review process, and at
least
41.3one summative evaluation performed by a qualified and trained evaluator such as a
school
41.4administrator;
41.5 (3) must be based on professional teaching standards established in rule;
41.6 (4) must coordinate staff development activities under sections
122A.60 and
41.7122A.61
with this evaluation process and teachers' evaluation outcomes;
41.8 (5) may provide time during the school day and school year for peer coaching and
41.9teacher collaboration;
41.10 (6) may include job-embedded learning opportunities such as professional learning
41.11communities;
41.12 (7) may include mentoring and induction programs;
41.13 (8) must include an option for teachers to develop and present a portfolio
41.14demonstrating evidence of reflection and professional growth, consistent with section
41.15122A.18, subdivision 4
, paragraph (b), and include teachers' own performance assessment
41.16based on student work samples and examples of teachers' work, which may include video
41.17among other activities for the summative evaluation;
41.18 (9) must use data from valid and reliable assessments aligned to state and local
41.19academic standards and must use state and local measures of student growth and literacy
41.20that may include value-added models or student learning goals to determine 35 percent
of
41.21teacher evaluation results;
41.22 (10) must use longitudinal data on student engagement and connection and other
41.23student outcome measures explicitly aligned with the elements of curriculum for which
41.24teachers are responsible, including academic literacy, oral academic language, and
41.25achievement of English learners;
41.26 (11) must require qualified and trained evaluators such as school administrators to
41.27perform summative evaluations and ensure school districts and charter schools provide
for
41.28effective evaluator training specific to teacher development and evaluation;
41.29 (12) must give teachers not meeting professional teaching standards under clauses
41.30(3) through (11) support to improve through a teacher improvement process that includes
41.31established goals and timelines; and
41.32 (13) must discipline a teacher for not making adequate progress in the teacher
41.33improvement process under clause (12) that may include a last chance warning,
41.34termination, discharge, nonrenewal, transfer to a different position, a leave of absence,
or
41.35other discipline a school administrator determines is appropriate.
42.1 Data on individual teachers generated under this subdivision are personnel data
42.2under section
13.43. The observation and interview notes of peer coaches may only be
42.3disclosed to other school officials with the consent of the teacher being coached.
42.4 (c) The department, in consultation with parents who may represent parent
42.5organizations and teacher and administrator representatives appointed by their respective
42.6organizations, representing the Board of Teaching, the Minnesota Association of School
42.7Administrators, the Minnesota School Boards Association, the Minnesota Elementary
42.8and Secondary Principals Associations, Education Minnesota, and representatives of
42.9the Minnesota Assessment Group, the Minnesota Business Partnership, the Minnesota
42.10Chamber of Commerce, and Minnesota postsecondary institutions with research expertise
42.11in teacher evaluation, must create and publish a teacher evaluation process that complies
42.12with the requirements in paragraph (b) and applies to all teachers under this section
and
42.13section
122A.40 for whom no agreement exists under paragraph (a) for an annual teacher
42.14evaluation and peer review process. The teacher evaluation process created under this
42.15subdivision does not create additional due process rights for probationary teachers
under
42.16subdivision 2.
42.17
new text begin (d) Consistent with the measures of teacher effectiveness under this subdivision:new text end
42.18
new text begin (1) for students in kindergarten through grade 4, a school administrator must not
new text end
42.19
new text begin place or approve the placement of a student in the classroom of a teacher who is in
the new text end
42.20
new text begin improvement process referenced in paragraph (b), clause (12), or has not had a summative
new text end
42.21
new text begin evaluation if, in the prior year, that student was in the classroom of a teacher who
received new text end
42.22
new text begin discipline pursuant to paragraph (b), clause (13), unless no other teacher at the
school new text end
42.23
new text begin teaches that grade; andnew text end
42.24
new text begin (2) for students in grades 5 through 12, a school administrator must not place new text end
42.25
new text begin or approve the placement of a student in the classroom of a teacher who is in the
new text end
42.26
new text begin improvement process referenced in paragraph (b), clause (12), or has not had a summative
new text end
42.27
new text begin evaluation if, in the prior year, that student was in the classroom of a teacher who
received new text end
42.28
new text begin discipline pursuant to paragraph (b), clause (13), unless no other teacher at the
school new text end
42.29
new text begin teaches that subject area and grade.new text end
42.30
new text begin All data created and used under this paragraph retains its classification under chapter
13.new text end
42.31 Sec. 26. Minnesota Statutes 2014, section 122A.41, subdivision 6, is amended to read:
42.32 Subd. 6.
Grounds for discharge or demotion. (a) Except as otherwise provided
42.33in paragraph (b), causes for the discharge or demotion of a teacher either during
or after
42.34the probationary period must be:
42.35(1) immoral character, conduct unbecoming a teacher, or insubordination;
43.1(2) failure without justifiable cause to teach without first securing the written
release
43.2of the school board having the care, management, or control of the school in which
the
43.3teacher is employed;
43.4(3) inefficiency in teaching or in the management of a school, consistent with
43.5subdivision 5, paragraph (b);
43.6(4) affliction with a communicable disease must be considered as cause for removal
43.7or suspension while the teacher is suffering from such disability; or
43.8(5) discontinuance of position or lack of pupils.
43.9For purposes of this paragraph, conduct unbecoming a teacher includes an unfair
43.10discriminatory practice described in section
363A.13.
43.11(b) A probationary or continuing-contract teacher must be discharged immediately
43.12upon receipt of notice under section
122A.20, subdivision 1, paragraph (b), that the
43.13teacher's license has been revoked due to a conviction for child abuse or
new text begin , as defined in new text end
43.14
new text begin section new text end
new text begin ; sex trafficking in the first degree under section 609.322, subdivision 1; new text end
43.15
new text begin sex trafficking in the second degree under section 609.322, subdivision 1a; engaging
new text end
43.16
new text begin in hiring or agreeing to hire a minor to engage in prostitution under section 609.324,
new text end
43.17
new text begin subdivision 1;new text end sexual abuse
new text begin under section new text end
new text begin , new text end
new text begin , new text end
new text begin , new text end
new text begin , new text end
new text begin 609.3451, new text end
43.18new text begin subdivision 3new text end
new text begin , or new text end
new text begin 617.23, subdivision 3new text end new text begin ; solicitation of children to engage in sexual new text end
43.19
new text begin conduct or communication of sexually explicit materials to children under section
new text end
43.20
new text begin 609.352; interference with privacy under section 609.746 or stalking under section
new text end
43.21
new text begin 609.749 and the victim was a minor; using minors in a sexual performance under section
new text end
43.22
new text begin ; possessing pornographic works involving a minor under section new text end
new text begin ; or new text end
43.23
new text begin any other offense not listed in this paragraph that requires the person to register
as a new text end
43.24
new text begin predatory offender under section 243.166, or a crime under a similar law of another
state new text end
43.25
new text begin or the United Statesnew text end .
43.26(c) When a teacher is discharged under paragraph (b) or when the commissioner
43.27makes a final determination of child maltreatment involving a teacher under section
43.28626.556, subdivision 11
, the school principal or other person having administrative
43.29control of the school must include in the teacher's employment record the information
43.30contained in the record of the disciplinary action or the final maltreatment determination,
43.31consistent with the definition of public data under section
13.41, subdivision 5, and must
43.32provide the Board of Teaching and the licensing division at the department with the
43.33necessary and relevant information to enable the Board of Teaching and the department's
43.34licensing division to fulfill their statutory and administrative duties related to
issuing,
43.35renewing, suspending, or revoking a teacher's license. Information received by the
Board
43.36of Teaching or the licensing division at the department under this paragraph is governed
44.1by section
13.41 or other applicable law governing data of the receiving entity. In addition
44.2to the background check required under section
123B.03, a school board or other school
44.3hiring authority must contact the Board of Teaching and the department to determine
44.4whether the teacher's license has been suspended or revoked, consistent with the discharge
44.5and final maltreatment determinations identified in this paragraph. Unless restricted
by
44.6federal or state data practices law or by the terms of a collective bargaining agreement,
44.7the responsible authority for a school district must disseminate to another school
district
44.8private personnel data on a current or former teacher employee or contractor of the
district,
44.9including the results of background investigations, if the requesting school district
seeks
44.10the information because the subject of the data has applied for employment with the
44.11requesting school district.
44.12
new text begin EFFECTIVE DATE.new text end new text begin This section is effective the day following final enactment.new text end
44.13 Sec. 27. Minnesota Statutes 2014, section 122A.413, subdivision 1, is amended to read:
44.14 Subdivision 1.
Qualifying plan. A district or
new text begin ,new text end intermediate school district
new text begin , or a new text end
44.15
new text begin cooperative unit, as defined in section 123A.24, subdivision 2,new text end may develop an educational
44.16improvement plan for the purpose of qualifying for the alternative teacher professional
pay
44.17system under section
122A.414. The plan must include measures for improving school
44.18district, intermediate school district,
new text begin cooperative, new text end school site, teacher, and individual
44.19student performance.
44.20
new text begin EFFECTIVE DATE.new text end new text begin This section is effective for revenue in fiscal year 2017 and new text end
44.21
new text begin later.new text end
44.22 Sec. 28. Minnesota Statutes 2014, section 122A.413, subdivision 2, is amended to read:
44.23 Subd. 2.
Plan components. The educational improvement plan must be approved
44.24by the school board
new text begin or governing board new text end and have at least these elements:
44.25(1) assessment and evaluation tools to measure student performance and progress,
44.26including the academic literacy, oral academic language, and achievement of English
44.27learners, among other measures;
44.28(2) performance goals and benchmarks for improvement;
44.29(3) measures of student attendance and completion rates;
44.30(4) a rigorous research and practice-based professional development system, based
44.31on national and state standards of effective teaching practice applicable to all students
44.32including English learners with varied needs under section
124D.59, subdivisions 2 and
45.12a, and consistent with section
122A.60, that is aligned with educational improvement and
45.2designed to achieve ongoing and schoolwide progress and growth in teaching practice;
45.3(5) measures of student, family, and community involvement and satisfaction;
45.4(6) a data system about students and their academic progress that provides parents
45.5and the public with understandable information;
45.6(7) a teacher induction and mentoring program for probationary teachers that
45.7provides continuous learning and sustained teacher support; and
45.8(8) substantial participation by the exclusive representative of the teachers in
45.9developing the plan.
45.10
new text begin EFFECTIVE DATE.new text end new text begin This section is effective for revenue in fiscal year 2017 and new text end
45.11
new text begin later.new text end
45.12 Sec. 29. Minnesota Statutes 2014, section 122A.414, subdivision 1, is amended to read:
45.13 Subdivision 1.
Restructured pay system. A restructured alternative teacher
45.14professional pay system is established under subdivision 2 to provide incentives to
45.15encourage teachers to improve their knowledge and instructional skills in order to
improve
45.16student learning and for school districts, intermediate school districts,
new text begin cooperative units, new text end
45.17
new text begin as defined in section 123A.24, subdivision 2, new text end and charter schools to recruit and retain
45.18highly qualified teachers, encourage highly qualified teachers to undertake challenging
45.19assignments, and support teachers' roles in improving students' educational achievement.
45.20
new text begin EFFECTIVE DATE.new text end new text begin This section is effective for revenue in fiscal year 2017 and new text end
45.21
new text begin later.new text end
45.22 Sec. 30. Minnesota Statutes 2014, section 122A.414, subdivision 1a, is amended to read:
45.23 Subd. 1a.
Transitional planning year. (a) To be eligible to participate in an
45.24alternative teacher professional pay system, a school district, intermediate school
district,
45.25or site, at least one school year before it expects to fully implement an alternative
pay
45.26system, must:
45.27(1) submit to the department a letter of intent executed by the school district or
new text begin , new text end
45.28intermediate school district and the exclusive representative of the teachers to complete
a
45.29plan preparing for full implementation, consistent with subdivision 2, that may include,
45.30among other activities, training to evaluate teacher performance, a restructured school
45.31day to develop integrated ongoing site-based professional development activities,
release
45.32time to develop an alternative pay system agreement, and teacher and staff training
on
45.33using multiple data sources; and
46.1(2) agree to use up to two percent of basic revenue for staff development purposes,
46.2consistent with sections
122A.60 and
122A.61, to develop the alternative teacher
46.3professional pay system agreement under this section.
46.4(b) To be eligible to participate in an alternative teacher professional pay system,
a
46.5charter school, at least one school year before it expects to fully implement an alternative
46.6pay system, must:
46.7(1) submit to the department a letter of intent executed by the charter school and
the
46.8charter school board of directors;
46.9(2) submit the record of a formal vote by the teachers employed at the charter
46.10school indicating at least 70 percent of all teachers agree to implement the alternative
46.11pay system; and
46.12(3) agree to use up to two percent of basic revenue for staff development purposes,
46.13consistent with sections
122A.60 and
122A.61, to develop the alternative teacher
46.14professional pay system.
46.15
new text begin (c) To be eligible to participate in an alternative teacher professional pay system,
new text end
46.16
new text begin a cooperative, excluding intermediate school districts at least one school year before
it new text end
46.17
new text begin expects to fully implement an alternative pay system, must:new text end
46.18
new text begin (1) submit to the department a letter of intent executed by the governing board new text end
46.19
new text begin of the cooperative; andnew text end
46.20
new text begin (2) submit the record of a formal vote by the teachers employed by the cooperative
new text end
46.21
new text begin indicating at least 70 percent of all teachers agree to implement the alternative
pay system.new text end
46.22(c)
new text begin (d)new text end The commissioner may waive the planning year if the commissioner
46.23determines, based on the criteria under subdivision 2, that the school district, intermediate
46.24school district,
new text begin cooperative, new text end site or charter school is ready to fully implement an alternative
46.25pay system.
46.26
new text begin EFFECTIVE DATE.new text end new text begin This section is effective for revenue in fiscal year 2017 and new text end
46.27
new text begin later.new text end
46.28 Sec. 31. Minnesota Statutes 2014, section 122A.414, subdivision 2, is amended to read:
46.29 Subd. 2.
Alternative teacher professional pay system. (a) To participate in this
46.30program, a school district, intermediate school district, school site, or charter
school must
46.31have an educational improvement plan under section
122A.413 and an alternative teacher
46.32professional pay system agreement under paragraph (b). A charter school participant
also
46.33must comply with subdivision 2a.
46.34 (b) The alternative teacher professional pay system agreement must:
47.1 (1) describe how teachers can achieve career advancement and additional
47.2compensation;
47.3 (2) describe how the school district, intermediate school district, school site, or
47.4charter school will provide teachers with career advancement options that allow teachers
47.5to retain primary roles in student instruction and facilitate site-focused professional
47.6development that helps other teachers improve their skills;
47.7 (3) reform the "steps and lanes" salary schedule, prevent any teacher's compensation
47.8paid before implementing the pay system from being reduced as a result of participating
in
47.9this system, base at least 60 percent of any compensation increase on teacher performance
47.10using:
47.11 (i) schoolwide student achievement gains under section
120B.35 or locally selected
47.12standardized assessment outcomes, or both;
47.13 (ii) measures of student growth and literacy that may include value-added models
47.14or student learning goals, consistent with section
122A.40, subdivision 8, clause (9), or
47.15122A.41, subdivision 5
, clause (9), and other measures that include the academic literacy,
47.16oral academic language, and achievement of English learners under section
122A.40,
47.17subdivision 8, clause (10), or
122A.41, subdivision 5, clause (10); and
47.18 (iii) an objective evaluation program under section
122A.40, subdivision 8,
47.19paragraph (b), clause (2), or
122A.41, subdivision 5, paragraph (b), clause (2);
47.20 (4) provide for participation in job-embedded learning opportunities such as
47.21professional learning communities to improve instructional skills and learning that
are
47.22aligned with student needs under section
122A.413, consistent with the staff development
47.23plan under section
122A.60 and led during the school day by trained teacher leaders
47.24such as master or mentor teachers;
47.25 (5) allow any teacher in a participating school district, intermediate school district,
47.26school site, or charter school that implements an alternative pay system to participate
in
47.27that system without any quota or other limit; and
47.28 (6) encourage collaboration rather than competition among teachers.
47.29
new text begin (c) The alternative teacher professional pay system may:new text end
47.30
new text begin (1) include a hiring bonus or other added compensation for teachers who are new text end
47.31
new text begin identified as effective or highly effective under the local teacher professional review
new text end
47.32
new text begin cycle and work in a hard-to-fill position or in a hard-to-staff school such as a school
with new text end
47.33
new text begin a majority of students whose families meet federal poverty guidelines, a geographically
new text end
47.34
new text begin isolated school, or a school identified by the state as eligible for targeted programs
or new text end
47.35
new text begin services for its students; andnew text end
48.1
new text begin (2) include incentives for teachers to obtain a master's degree or other advanced
new text end
48.2
new text begin certification in their content field of licensure, pursue the training or education
necessary new text end
48.3
new text begin to obtain an additional licensure in shortage areas identified by the district or
charter new text end
48.4
new text begin school, or help fund a "grow your own" new teacher initiative.new text end
48.5
new text begin EFFECTIVE DATE.new text end new text begin This section is effective the day following final enactment new text end
48.6
new text begin and applies to agreements approved or renegotiated after that date.new text end
48.7 Sec. 32. Minnesota Statutes 2014, section 122A.414, subdivision 2a, is amended to read:
48.8 Subd. 2a.
Charter school applicationsnew text begin ; cooperative applicationsnew text end . new text begin (a) new text end For charter
48.9school applications, the board of directors of a charter school that satisfies the
conditions
48.10under subdivisions 2 and 2b must submit to the commissioner an application that contains:
48.11(1) an agreement to implement an alternative teacher professional pay system
48.12under this section;
48.13(2) a resolution by the charter school board of directors adopting the agreement;
and
48.14(3) the record of a formal vote by the teachers employed at the charter school
48.15indicating that at least 70 percent of all teachers agree to implement the alternative
48.16teacher professional pay system, unless the charter school submits an alternative
teacher
48.17professional pay system agreement under this section before the first year of operation.
48.18Alternative compensation revenue for a qualifying charter school must be calculated
48.19under section
126C.10, subdivision 34, paragraphs (a) and (b).
48.20
new text begin (b) For cooperative unit applications, excluding intermediate school districts, the
new text end
48.21
new text begin governing board of a cooperative unit that satisfies the conditions under subdivisions
2 new text end
48.22
new text begin and 2b must submit to the commissioner an application that contains:new text end
48.23
new text begin (1) an agreement to implement an alternative teacher professional pay system new text end
48.24
new text begin under this section;new text end
48.25
new text begin (2) a resolution by the governing board adopting the agreement; andnew text end
48.26
new text begin (3) the record of a formal vote by the teachers employed at the cooperative unit new text end
48.27
new text begin indicating that at least 70 percent of all teachers agree to implement the alternative
teacher new text end
48.28
new text begin professional pay system.new text end
48.29
new text begin EFFECTIVE DATE.new text end new text begin This section is effective for revenue in fiscal year 2017 and new text end
48.30
new text begin later.new text end
48.31 Sec. 33. Minnesota Statutes 2014, section 122A.414, subdivision 2b, is amended to
48.32read:
49.1 Subd. 2b.
Approval process. (a) Consistent with the requirements of this section and
49.2sections
122A.413 and
122A.415, the department must prepare and transmit to interested
49.3school districts, intermediate school districts,
new text begin cooperatives, new text end school sites, and charter
49.4schools a standard form for applying to participate in the alternative teacher professional
49.5pay system. The commissioner annually must establish three dates as deadlines by which
49.6interested applicants must submit an application to the commissioner under this section.
49.7An interested school district, intermediate school district,
new text begin cooperative,new text end school site, or
49.8charter school must submit to the commissioner a completed application executed by
the
49.9district superintendent and the exclusive bargaining representative of the teachers
if the
49.10applicant is a school district, intermediate school district, or school site, or executed
by
49.11the charter school board of directors if the applicant is a charter school
new text begin or executed by new text end
49.12
new text begin the governing board if the applicant is a cooperative unitnew text end . The application must include
49.13the proposed alternative teacher professional pay system agreement under subdivision
49.142. The department must review a completed application within 30 days of the most
49.15recent application deadline and recommend to the commissioner whether to approve or
49.16disapprove the application. The commissioner must approve applications on a first-come,
49.17first-served basis. The applicant's alternative teacher professional pay system agreement
49.18must be legally binding on the applicant and the collective bargaining representative
before
49.19the applicant receives alternative compensation revenue. The commissioner must approve
49.20or disapprove an application based on the requirements under subdivisions 2 and 2a.
49.21(b) If the commissioner disapproves an application, the commissioner must give the
49.22applicant timely notice of the specific reasons in detail for disapproving the application.
49.23The applicant may revise and resubmit its application and related documents to the
49.24commissioner within 30 days of receiving notice of the commissioner's disapproval
and
49.25the commissioner must approve or disapprove the revised application, consistent with
this
49.26subdivision. Applications that are revised and then approved are considered submitted
on
49.27the date the applicant initially submitted the application.
49.28
new text begin EFFECTIVE DATE.new text end new text begin This section is effective for revenue in fiscal year 2017 and new text end
49.29
new text begin later.new text end
49.30 Sec. 34. Minnesota Statutes 2014, section 122A.414, subdivision 3, is amended to read:
49.31 Subd. 3.
Report; continued funding. (a) Participating districts, intermediate school
49.32districts,
new text begin cooperatives, new text end school sites, and charter schools must report on the implementation
49.33and effectiveness of the alternative teacher professional pay system, particularly
49.34addressing each requirement under subdivision 2 and make annual recommendations by
49.35June 15 to their school boards. The school board or
new text begin ,new text end board of directors
new text begin , or governing board new text end
50.1shall transmit a copy of the report with a summary of the findings and recommendations
50.2of the district, intermediate school district,
new text begin cooperative, new text end school site, or charter school to
50.3the commissioner
new text begin in the form and manner determined by the commissionernew text end .
50.4(b) If the commissioner determines that a school district, intermediate school district,
50.5
new text begin cooperative, new text end school site, or charter school that receives alternative teacher compensation
50.6revenue is not complying with the requirements of this section, the commissioner
50.7may withhold funding from that participant. Before making the determination, the
50.8commissioner must notify the participant of any deficiencies and provide the participant
50.9an opportunity to comply.
50.10
new text begin EFFECTIVE DATE.new text end new text begin This section is effective for revenue in fiscal year 2017 and new text end
50.11
new text begin later.new text end
50.12 Sec. 35. Minnesota Statutes 2014, section 122A.415, is amended to read:
50.13
122A.415 ALTERNATIVE COMPENSATION REVENUE.
50.14 Subdivision 1.
Revenue amount. (a) A school district, intermediate school district,
50.15
new text begin cooperative unit as defined in section 123A.24, subdivision 2, new text end school site, or charter
50.16school that meets the conditions of section
122A.414 and submits an application approved
50.17by the commissioner is eligible for alternative teacher compensation revenue.
50.18(b) For school district and intermediate school district applications, the commissioner
50.19must consider only those applications to participate that are submitted jointly by
a
50.20district and the exclusive representative of the teachers. The application must contain
an
50.21alternative teacher professional pay system agreement that:
50.22(1) implements an alternative teacher professional pay system consistent with
50.23section
122A.414; and
50.24(2) is negotiated and adopted according to the Public Employment Labor Relations
50.25Act under chapter 179A, except that notwithstanding section
179A.20, subdivision 3, a
50.26district may enter into a contract for a term of two or four years.
50.27Alternative teacher compensation revenue for a qualifying school district or site
in
50.28which the school board and the exclusive representative of the teachers agree to place
50.29teachers in the district or at the site on the alternative teacher professional pay
system equals
50.30$260 times the number of pupils enrolled at the district or site on October 1 of the
previous
50.31fiscal year. Alternative teacher compensation revenue for a qualifying intermediate
school
50.32district
new text begin or cooperativenew text end must be calculated under subdivision 4, paragraph (a)
new text begin (b)new text end .
50.33(c) For a newly combined or consolidated district, the revenue shall be computed
50.34using the sum of pupils enrolled on October 1 of the previous year in the districts
entering
51.1into the combination or consolidation. The commissioner may adjust the revenue computed
51.2for a site using prior year data to reflect changes attributable to school closings,
school
51.3openings, or grade level reconfigurations between the prior year and the current year.
51.4(d) The revenue is available only to school districts, intermediate school districts,
51.5
new text begin cooperatives, new text end school sites, and charter schools that fully implement an alternative teacher
51.6professional pay system by October 1 of the current school year.
51.7 Subd. 3.
Revenue timing. (a) Districts, intermediate school districts,
new text begin cooperatives, new text end
51.8school sites, or charter schools with approved applications must receive alternative
51.9compensation revenue for each school year that the district, intermediate school district,
51.10
new text begin cooperative, new text end school site, or charter school implements an alternative teacher professional
51.11pay system under this subdivision and section
122A.414. For fiscal year 2007 and later,
51.12A qualifying district, intermediate school district,
new text begin cooperative, new text end school site, or charter
51.13school that received alternative teacher compensation aid for the previous fiscal
year
51.14must receive at least an amount of alternative teacher compensation revenue equal
to the
51.15lesser of the amount it received for the previous fiscal year or the amount it qualifies
51.16for under subdivision 1 for the current fiscal year if the district, intermediate
school
51.17district,
new text begin cooperative, new text end school site, or charter school submits a timely application and the
51.18commissioner determines that the district, intermediate school district,
new text begin cooperative, new text end school
51.19site, or charter school continues to implement an alternative teacher professional
pay
51.20system, consistent with its application under this section.
51.21(b) The commissioner shall approve applications that comply with subdivision 1,
51.22and section
122A.414, subdivisions 2, paragraph (b), and 2a, if the applicant is a charter
51.23school
new text begin or cooperativenew text end , in the order in which they are received, select applicants that
51.24qualify for this program, notify school districts, intermediate school districts,
new text begin cooperatives, new text end
51.25school sites, and charter schools about the program, develop and disseminate application
51.26materials, and carry out other activities needed to implement this section.
51.27(c) For fiscal year 2008 and later, the portion of the state total basic alternative
51.28teacher compensation aid entitlement allocated to charter schools must not exceed
the
51.29product of $3,374,000 times the ratio of the state total charter school enrollment
for the
51.30previous fiscal year to the state total charter school enrollment for fiscal year
2007.
51.31Additional basic alternative teacher compensation aid may be approved for charter
schools
51.32after August 1, not to exceed the charter school limit for the following fiscal year,
if
51.33the basic alternative teacher compensation aid entitlement for school districts based
on
51.34applications approved by August 1 does not expend the remaining amount under the limit.
51.35 Subd. 4.
Basic alternative teacher compensation aid. (a) For fiscal year 2015 and
51.36later, The basic alternative teacher compensation aid for a school with a plan approved
52.1under section
122A.414, subdivision 2b, equals 65 percent of the alternative teacher
52.2compensation revenue under subdivision 1. The basic alternative teacher compensation
52.3aid for an intermediate school district or
new text begin anew text end charter school with a plan approved under
52.4section
122A.414, subdivisions 2a and 2b, if the recipient is a charter school, equals $260
52.5times the number of pupils enrolled in the school on October 1 of the previous year,
or
52.6on October 1 of the current year for a charter school in the first year of operation,
times
52.7the ratio of the sum of the alternative teacher compensation aid and alternative teacher
52.8compensation levy for all participating school districts to the maximum alternative
teacher
52.9compensation revenue for those districts under subdivision 1.
52.10(b) Notwithstanding paragraph (a) and subdivision 1, the state total basic alternative
52.11teacher compensation aid entitlement must not exceed $75,636,000
new text begin $88,118,000 new text end for fiscal
52.12year 2015
new text begin 2017new text end and later. The commissioner must limit the amount of alternative teacher
52.13compensation aid approved under this section so as not to exceed these limits.
new text begin Basic new text end
52.14
new text begin alternative teacher compensation aid for an intermediate district or other cooperative
unit new text end
52.15
new text begin equals $3,000 times the number of licensed teachers employed by the intermediate district
new text end
52.16
new text begin or cooperative unit on October 1 of the previous school year.new text end
52.17 Subd. 5.
Alternative teacher compensation levy. For fiscal year 2015 and later,
52.18The alternative teacher compensation levy for a district receiving basic alternative
teacher
52.19compensation aid equals the product of (1) the difference between the district's alternative
52.20teacher compensation revenue and the district's basic alternative teacher compensation
52.21aid, times (2) the lesser of one or the ratio of the district's adjusted net tax capacity
per
52.22adjusted pupil unit to $6,100.
52.23 Subd. 6.
Alternative teacher compensation equalization aid. (a) For fiscal year
52.242015 and later, A district's alternative teacher compensation equalization aid equals the
52.25district's alternative teacher compensation revenue minus the district's basic alternative
52.26teacher compensation aid minus the district's alternative teacher compensation levy.
If a
52.27district does not levy the entire amount permitted, the alternative teacher compensation
52.28equalization aid must be reduced in proportion to the actual amount levied.
52.29(b) A district's alternative teacher compensation aid equals the sum of the
52.30district's basic alternative teacher compensation aid and the district's alternative
teacher
52.31compensation equalization aid.
52.32
new text begin EFFECTIVE DATE.new text end new text begin This section is effective for revenue in fiscal year 2017 and new text end
52.33
new text begin later.new text end
52.34 Sec. 36. Minnesota Statutes 2014, section 122A.60, is amended to read:
53.1
122A.60 STAFF DEVELOPMENT PROGRAM.
53.2 Subdivision 1.
Staff development committee. new text begin (a) new text end A school board must use the
53.3revenue authorized in section
122A.61 for in-service education for programs under section
53.4
120B.22, subdivision 2, or for staff development
new text begin :new text end
53.5
new text begin (1) teacher development and evaluationnew text end plans under this section
new text begin 122A.40, new text end
53.6
new text begin subdivision 8, or 122A.41, subdivision 5;new text end
53.7
new text begin (2) principal development and evaluation under section 123B.147, subdivision 3;new text end
53.8
new text begin (3) in-service education programs under section 120B.22, subdivision 2; andnew text end
53.9
new text begin (4) other staff development needsnew text end .
53.10
new text begin (b) new text end The board must establish an advisory staff development committee to develop
53.11the plan, assist site professional development teams in developing a site plan consistent
53.12with the goals of the plan, and evaluate staff development efforts at the site level.
A
53.13majority of the advisory committee and the site professional development team must
be
53.14teachers representing various grade levels, subject areas, and special education.
The
53.15advisory committee must also include nonteaching staff, parents, and administrators.
53.16 Subd. 1a.
Effective staff development activities. (a) Staff development activities
53.17must:
53.18(1) focus on the school classroom and research-based strategies that improve student
53.19learning;
53.20(2) provide opportunities for teachers to practice and improve their instructional
53.21skills over time;
53.22(3) provide opportunities for teachers to use student data as part of their daily
work
53.23to increase student achievement;
53.24(4) enhance teacher content knowledge and instructional skills, including to
53.25accommodate the delivery of digital and blended learning and curriculum and engage
53.26students with technology;
53.27(5) align with state and local academic standards;
53.28(6) provide opportunities to build professional relationships, foster collaboration
53.29among principals and staff who provide instruction, and provide opportunities for
53.30teacher-to-teacher mentoring;
53.31(7) align with the plan of the district or site for an alternative teacher professional
53.32pay system;
53.33(8) provide teachers of English learners, including English as a second language and
53.34content teachers, with differentiated instructional strategies critical for ensuring
students'
53.35long-term academic success; the means to effectively use assessment data on the academic
54.1literacy, oral academic language, and English language development of English learners;
54.2and skills to support native and English language development across the curriculum;
and
54.3(9) provide opportunities for staff to learn about current workforce trends, the
54.4connections between workforce trends and postsecondary education, and training options,
54.5including career and technical education options.
54.6Staff development activities may include curriculum development and curriculum training
54.7programs, and activities that provide teachers and other members of site-based teams
54.8training to enhance team performance. The school district also may implement other
54.9staff development activities required by law and activities associated with professional
54.10teacher compensation models.
54.11(b) Release time provided for teachers to supervise students on field trips and school
54.12activities, or independent tasks not associated with enhancing the teacher's knowledge
54.13and instructional skills, such as preparing report cards, calculating grades, or organizing
54.14classroom materials, may not be counted as staff development time that is financed
with
54.15staff development reserved revenue under section
122A.61.
54.16 Subd. 2.
Contents of plan. The plan must include the staff development outcomes
54.17under
new text begin section 122A.40, subdivision 8, or 122A.41, subdivision 5, and section 123B.147, new text end
54.18subdivision 3, the means to achieve the outcomes, and procedures for evaluating progress
54.19at each school site toward meeting education
new text begin and staff development new text end outcomes, consistent
54.20with relicensure requirements under section
122A.18, subdivision 4. The plan also must:
54.21(1) support stable and productive professional communities achieved through
54.22ongoing and schoolwide progress and growth in teaching practice;
54.23(2) emphasize coaching, professional learning communities, classroom action
54.24research, and other job-embedded models;
54.25(3) maintain a strong subject matter focus premised on students' learning goals,
54.26consistent with section
120B.125;
54.27(4) ensure specialized preparation and learning about issues related to teaching
54.28English learners and students with special needs by focusing on long-term systemic
efforts
54.29to improve educational services and opportunities and raise student achievement; and
54.30(5) reinforce national and state standards of effective teaching practice.
54.31 Subd. 3.
Staff development outcomes. The advisory staff development committee
54.32must adopt a staff development plan
new text begin , consistent with section 122A.40, subdivision 8, or new text end
54.33
new text begin 122A.41, subdivision 5, for developing and evaluating teachers andnew text end for improving student
54.34achievement
new text begin outcomes and with section 123B.147, subdivision 3, for strengthening new text end
54.35
new text begin principals' capacity in areas of instruction, supervision, evaluation, and teacher
new text end
54.36
new text begin developmentnew text end . The plan must be consistent with education outcomes that the school board
55.1determines. The plan must include ongoing staff development activities that contribute
55.2toward continuous improvement in achievement of
new text begin achievingnew text end the following goals:
55.3(1) improve student achievement of state and local education standards in all areas
of
55.4the curriculum, including areas of regular academic and applied and experiential learning,
55.5by using research-based best practices methods;
55.6(2) effectively meet the needs of a diverse student population, including at-risk
55.7children, children with disabilities, English learners, and gifted children, within
the regular
55.8classroom, applied and experiential learning settings, and other settings;
55.9(3) provide an inclusive curriculum for a racially, ethnically, linguistically, and
55.10culturally diverse student population that is consistent with the state education
diversity
55.11rule and the district's education diversity plan;
55.12(4) improve staff collaboration and develop mentoring and peer coaching programs
55.13for teachers new to the school or district;
55.14(5) effectively teach and model violence prevention policy and curriculum that
55.15address early intervention alternatives, issues of harassment, and teach nonviolent
55.16alternatives for conflict resolution;
55.17(6) effectively deliver digital and blended learning and curriculum and engage
55.18students with technology; and
55.19(7) provide teachers and other members of site-based management teams with
55.20appropriate management and financial management skills.
55.21 Subd. 4.
Staff development report. (a) By October 15 of each year, the district and
55.22site staff development committees shall write and submit a report of staff development
55.23activities and expenditures for the previous year, in the form and manner determined
by
55.24the commissioner. The report, signed by the district superintendent and staff development
55.25chair, must include assessment and evaluation data indicating progress toward district
and
55.26site staff development goals based on teaching and learning outcomes, including the
55.27percentage of teachers and other staff involved in instruction who participate in
effective
55.28staff development activities under subdivision 3.
55.29(b) The report must break down expenditures for:
55.30(1) curriculum development and curriculum training programs; and
55.31(2) staff development training models, workshops, and conferences, and the cost of
55.32releasing teachers or providing substitute teachers for staff development purposes.
55.33The report also must indicate whether the expenditures were incurred at the district
55.34level or the school site level, and whether the school site expenditures were made
possible
55.35by grants to school sites that demonstrate exemplary use of allocated staff development
56.1revenue. These expenditures must be reported using the uniform financial and accounting
56.2and reporting standards.
56.3(c) The commissioner shall report the staff development progress and expenditure
56.4data to the house of representatives and senate committees having jurisdiction over
56.5education by February 15 each year.
56.6
new text begin EFFECTIVE DATE.new text end new text begin This section is effective for the 2016-2017 school year and new text end
56.7
new text begin later.new text end
56.8 Sec. 37. Minnesota Statutes 2014, section 122A.61, subdivision 1, is amended to read:
56.9 Subdivision 1.
Staff development revenue. A district is required to reserve
56.10an amount equal to at least two percent of the basic revenue under section
126C.10,
56.11subdivision 2
, for
new text begin :new text end
56.12
new text begin (1) teacher development and evaluation under sections 122A.40, subdivision 8, or new text end
56.13
new text begin 122A.41, subdivision 5;new text end
56.14
new text begin (2) principal development and evaluation under section 123B.147, subdivision 3;new text end
56.15
new text begin (3) professional development under section 122A.60; andnew text end
56.16
new text begin (4)new text end in-service education for programs under section
120B.22, subdivision 2,
new text begin .new text end
56.17
new text begin To the extent extra funds remain, staff development revenue may be usednew text end for
56.18staff development plans, including plans for challenging instructional activities
and
56.19experiences under section
122A.60, and for curriculum development and programs,
56.20other in-service education, teachers'
new text begin mentoring under section 122A.70 and new text end evaluation,
56.21teachers' workshops, teacher conferences, the cost of substitute teachers staff development
56.22purposes, preservice and in-service education for special education professionals
and
56.23paraprofessionals, and other related costs for staff development efforts. A district
may
56.24annually waive the requirement to reserve their basic revenue under this section if
a
56.25majority vote of the licensed teachers in the district and a majority vote of the
school board
56.26agree to a resolution to waive the requirement. A district in statutory operating
debt is
56.27exempt from reserving basic revenue according to this section. Districts may expend
an
56.28additional amount of unreserved revenue for staff development based on their needs.
56.29
new text begin EFFECTIVE DATE.new text end new text begin This section is effective for the 2016-2017 school year and new text end
56.30
new text begin later.new text end
56.31 Sec. 38. Minnesota Statutes 2014, section 122A.69, is amended to read:
56.32
122A.69 PRACTICE OR STUDENT TEACHERS.
57.1The Board
new text begin of Teaching new text end may, by agreements with teacher preparing
new text begin preparation new text end
57.2institutions, arrange for classroom experience in the district for practice or student
57.3teachers who have completed not less than
new text begin at least new text end two years of an approved teacher
57.4education
new text begin preparation new text end program. Such practice
new text begin and student new text end teachers must be provided with
57.5appropriate supervision
new text begin appropriately supervised new text end by a fully qualified teacher under rules
57.6promulgated
new text begin adoptednew text end by the board.
new text begin A practice or student teacher must be placed with a new text end
57.7
new text begin cooperating licensed teacher who has at least three years of teaching experience and
is new text end
57.8
new text begin not in the improvement process under section 122A.40, subdivision 8, paragraph (b),
new text end
57.9
new text begin clause (12), or 122A.41, subdivision 5, paragraph (b), clause (12). new text end Practice
new text begin and student new text end
57.10teachers are deemed employees of the school district in which they are rendering services
57.11for purposes of workers' compensation; liability insurance, if provided for other
district
57.12employees in accordance with
new text begin under new text end section
123B.23; and legal counsel in accordance
57.13with the provisions of
new text begin undernew text end section
123B.25.
57.14
new text begin EFFECTIVE DATE.new text end new text begin This section is effective for the 2015-2016 school year and new text end
57.15
new text begin later.new text end
57.16 Sec. 39. Minnesota Statutes 2014, section 124D.09, subdivision 5, is amended to read:
57.17 Subd. 5.
Authorization; notification. Notwithstanding any other law to the
57.18contrary, an 11th or 12th grade pupil enrolled in a school or an American Indian-controlled
57.19tribal contract or grant school eligible for aid under section
124D.83, except a foreign
57.20exchange pupil enrolled in a district under a cultural exchange program, may apply
to an
57.21eligible institution, as defined in subdivision 3, to enroll in nonsectarian courses
offered by
57.22that postsecondary institution. Notwithstanding any other law to the contrary, a 9th
or 10th
57.23grade pupil enrolled in a district or an American Indian-controlled tribal contract
or grant
57.24school eligible for aid under section
124D.83, except a foreign exchange pupil enrolled in
57.25a district under a cultural exchange program, may apply to enroll in nonsectarian
courses
57.26offered under subdivision 10, if after all 11th and 12th grade students have applied for a
57.27course, additional students are necessary to offer the course
new text begin (1) the school district and the new text end
57.28
new text begin eligible postsecondary institution providing the course agree to the student's enrollment
new text end
57.29
new text begin or (2) the course is a world language course currently available to 11th and 12th
grade new text end
57.30
new text begin students, and consistent with section 120B.022 governing world language standards,
new text end
57.31
new text begin certificates, and sealsnew text end . If an institution accepts a secondary pupil for enrollment under this
57.32section, the institution shall send written notice to the pupil, the pupil's school
or school
57.33district, and the commissioner within ten days of acceptance. The notice must indicate
57.34the course and hours of enrollment of that pupil. If the pupil enrolls in a course
for
58.1postsecondary credit, the institution must notify the pupil about payment in the customary
58.2manner used by the institution.
58.3 Sec. 40. Minnesota Statutes 2014, section 124D.09, subdivision 5a, is amended to read:
58.4 Subd. 5a.
Authorization; career or technical education. A 10th, 11th, or 12th
58.5grade pupil enrolled in a district or an American Indian-controlled tribal contract
or grant
58.6school eligible for aid under section
124D.83, except a foreign exchange pupil enrolled in
58.7a district under a cultural exchange program, may enroll in a career or technical
education
58.8course offered by a Minnesota state college or university. A 10th grade pupil applying
58.9for enrollment in a career or technical education course under this subdivision must
have
58.10received a passing score on the 8th grade Minnesota Comprehensive Assessment in
58.11reading as a condition of enrollment.
new text begin A current 10th grade pupil who did not take the 8th new text end
58.12
new text begin grade Minnesota Comprehensive Assessment in reading may substitute another reading
new text end
58.13
new text begin assessment accepted by the enrolling postsecondary institution. new text end A secondary pupil may
58.14enroll in the pupil's first postsecondary options enrollment course under this subdivision.
58.15A student who is refused enrollment by a Minnesota state college or university under
this
58.16subdivision may apply to an eligible institution offering a career or technical education
58.17course. The postsecondary institution must give priority to its students according
to
58.18subdivision 9. If a secondary student receives a grade of "C" or better in the career
or
58.19technical education course taken under this subdivision, the postsecondary institution
58.20must allow the student to take additional postsecondary courses for secondary credit
at
58.21that institution, not to exceed the limits in subdivision 8. A "career or technical
course" is
58.22a course that is part of a career and technical education program that provides individuals
58.23with coherent, rigorous content aligned with academic standards and relevant technical
58.24knowledge and skills needed to prepare for further education and careers in current
and
58.25emerging professions and provide technical skill proficiency, an industry recognized
58.26credential, and a certificate, a diploma, or an associate degree.
58.27 Sec. 41. Minnesota Statutes 2014, section 124D.09, subdivision 8, is amended to read:
58.28 Subd. 8.
Limit on participation. A pupil who first enrolls in grade 9 may not
58.29enroll in postsecondary courses under this section for secondary credit for more than
58.30the equivalent of four academic years. A pupil who first enrolls in grade 10 may not
58.31enroll in postsecondary courses under this section for secondary credit for more than
58.32the equivalent of three academic years. A pupil who first enrolls in grade 11 may
not
58.33enroll in postsecondary courses under this section for secondary credit for more than
the
58.34equivalent of two academic years. A pupil who first enrolls in grade 12 may not enroll
in
59.1postsecondary courses under this section for secondary credit for more than the equivalent
59.2of one academic year. If a pupil in grade 9, 10, 11, or 12 first enrolls in a postsecondary
59.3course for secondary credit during the school year, the time of participation shall
be
59.4reduced proportionately. If a pupil is in a learning year or other year-round program
and
59.5begins each grade in the summer session, summer sessions shall not be counted against
59.6the time of participation.
new text begin If a school district determines a pupil is not on track to graduate, new text end
59.7
new text begin the limit on participation does not apply to that pupil. new text end A pupil who has graduated from
59.8high school cannot participate in a program under this section. A pupil who has completed
59.9course requirements for graduation but who has not received a diploma may participate
in
59.10the program under this section.
59.11 Sec. 42. Minnesota Statutes 2014, section 124D.09, subdivision 9, is amended to read:
59.12 Subd. 9.
Enrollment priority. (a) A postsecondary institution shall give priority to
59.13its postsecondary students when enrolling 10th, 11th, and 12th grade pupils in its
courses.
59.14A postsecondary institution may provide information about its programs to a secondary
59.15school or to a pupil or parent and it may advertise or otherwise recruit or solicit
a secondary
59.16pupil to enroll in its programs on educational and programmatic grounds only except,
59.17notwithstanding other law to the contrary, and for the 2014-2015 through 2019-2020
59.18school years only, an eligible postsecondary institution may advertise or otherwise
recruit
59.19or solicit a secondary pupil residing in a school district with 700 students or more
in grades
59.2010, 11, and 12, to enroll in its programs on educational, programmatic, or financial
grounds.
59.21
new text begin (b) new text end An institution must not enroll secondary pupils, for postsecondary enrollment
59.22options purposes, in remedial, developmental, or other courses that are not college
level
59.23except when a student eligible to participate
new text begin and enrolled new text end in the graduation incentives
59.24program under section
124D.68 enrolls full time in a middle or early college program
new text begin . A new text end
59.25
new text begin middle or early college program must benew text end specifically designed to allow the student to earn
59.26dual high school and college credit
new text begin with a well-defined pathway to allow the student to earn new text end
59.27
new text begin a postsecondary degree or credentialnew text end . In this case, the student shall receive developmental
59.28college credit and not college credit for completing remedial or developmental courses.
59.29
new text begin (c) new text end Once a pupil has been enrolled in any postsecondary course under this section,
59.30the pupil shall not be displaced by another student.
59.31(b)
new text begin (d)new text end If a postsecondary institution enrolls a secondary school pupil in a course
59.32under this section, the postsecondary institution also must enroll in the same course
an
59.33otherwise enrolled and qualified postsecondary student who qualifies as a veteran
under
59.34section
197.447, and demonstrates to the postsecondary institution's satisfaction that the
59.35institution's established enrollment timelines were not practicable for that student.
60.1 Sec. 43. Minnesota Statutes 2014, section 124D.09, subdivision 12, is amended to read:
60.2 Subd. 12.
Credits. A pupil must not audit a course under this section.
60.3A district shall grant academic credit to a pupil enrolled in a course for secondary
60.4credit if the pupil successfully completes the course. Seven quarter or four semester
60.5college credits equal at least one full year of high school credit. Fewer college
credits may
60.6be prorated. A district must also grant academic credit to a pupil enrolled in a course
for
60.7postsecondary credit if secondary credit is requested by a pupil. If no comparable
course is
60.8offered by the district, the district must, as soon as possible, notify the commissioner,
who
60.9shall determine the number of credits that shall be granted to a pupil who successfully
60.10completes a course. If a comparable course is offered by the district, the school
board
60.11shall grant a comparable number of credits to the pupil. If there is a dispute between
the
60.12district and the pupil regarding the number of credits granted for a particular course,
the
60.13pupil may appeal the board's decision to the commissioner. The commissioner's decision
60.14regarding the number of credits shall be final.
60.15The secondary credits granted to a pupil must be counted toward the graduation
60.16requirements and subject area requirements of the district. Evidence of successful
60.17completion of each course and secondary credits granted must be included in the pupil's
60.18secondary school record. A pupil shall provide the school with a copy of the pupil's
grade
60.19in each course taken for secondary credit under this section. Upon the request of
a pupil,
60.20the pupil's secondary school record must also include evidence of successful completion
60.21and credits granted for a course taken for postsecondary credit. In either case, the
record
60.22must indicate that the credits were earned at a postsecondary institution.
60.23If a pupil enrolls in a postsecondary institution after leaving secondary school,
the
60.24postsecondary institution must award postsecondary credit for any course successfully
60.25completed for secondary credit at that institution. Other postsecondary institutions
may
60.26award, after a pupil leaves secondary school, postsecondary credit for any courses
60.27successfully completed under this section. An institution may not charge a pupil for
60.28the award of credit.
60.29The Board of Trustees of the Minnesota State Colleges and Universities and
60.30the Board of Regents of the University of Minnesota must, and private nonprofit and
60.31proprietary postsecondary institutions should, award postsecondary credit for any
60.32successfully completed courses in a program certified by the National Alliance of
60.33Concurrent Enrollment Partnerships offered according to an agreement under subdivision
60.3410.
new text begin Consistent with section 135A.101, subdivision 3, all MnSCU institutions must give
new text end
60.35
new text begin full credit to a secondary pupil who completes for postsecondary credit a postsecondary
new text end
60.36
new text begin course or program that is part or all of a goal area or a transfer curriculum at a
MnSCU new text end
61.1
new text begin institution when the pupil enrolls in a MnSCU institution after leaving secondary
school. new text end
61.2
new text begin Once one MnSCU institution certifies as completed a secondary student's postsecondary
new text end
61.3
new text begin course or program that is part or all of a goal area or a transfer curriculum, every
MnSCU new text end
61.4
new text begin institution must consider the student's course or program for that goal area or the
transfer new text end
61.5
new text begin curriculum as completed.new text end
61.6
new text begin EFFECTIVE DATE.new text end new text begin This section is effective for the 2015-2016 school year and new text end
61.7
new text begin later.new text end
61.8 Sec. 44.
new text begin [124D.231] FULL-SERVICE COMMUNITY SCHOOLS.new text end
61.9
new text begin Subdivision 1.new text end new text begin Definitions.new text end new text begin For the purposes of this section, the following terms new text end
61.10
new text begin have the meanings given them.new text end
61.11
new text begin (a) "Community organization" means a nonprofit organization that has been in new text end
61.12
new text begin existence for three years or more and serves persons within the community surrounding
new text end
61.13
new text begin the covered school site on education and other issues.new text end
61.14
new text begin (b) "Community school consortium" means a group of schools and community new text end
61.15
new text begin organizations that propose to work together to plan and implement community school
new text end
61.16
new text begin programming.new text end
61.17
new text begin (c) "Community school programming" means services, activities, and opportunities new text end
61.18
new text begin described under subdivision 2, paragraph (g).new text end
61.19
new text begin (d) "High-quality child care or early childhood education programming" means new text end
61.20
new text begin educational programming for preschool-aged children that is grounded in research,
new text end
61.21
new text begin consistent with best practices in the field, and provided by licensed teachers.new text end
61.22
new text begin (e) "School site" means a school site at which an applicant has proposed or has been
new text end
61.23
new text begin funded to provide community school programming.new text end
61.24
new text begin (f) "Site coordinator" is an individual who is responsible for aligning programming
new text end
61.25
new text begin with the needs of the school community identified in the baseline analysis.new text end
61.26
new text begin Subd. 2.new text end new text begin Full-service community school program.new text end new text begin (a) The commissioner shall new text end
61.27
new text begin provide funding to eligible school sites to plan, implement, and improve full-service
new text end
61.28
new text begin community schools. Eligible school sites must meet one of the following criteria:new text end
61.29
new text begin (1) the school is on a development plan for continuous improvement under section new text end
61.30
new text begin 120B.35, subdivision 2; ornew text end
61.31
new text begin (2) the school is in a district that has an achievement and integration plan approved
new text end
61.32
new text begin by the commissioner of education under sections 124D.861 and 124D.862.new text end
61.33
new text begin (b) An eligible school site may receive up to $100,000 annually. School sites new text end
61.34
new text begin receiving funding under this section shall hire or contract with a partner agency
to hire a new text end
61.35
new text begin site coordinator to coordinate services at each covered school site.new text end
62.1
new text begin (c) Implementation funding of up to $20,000 must be available for up to one year for
new text end
62.2
new text begin planning for school sites. At the end of this period, the school must submit a full-service
new text end
62.3
new text begin community school plan, pursuant to paragraph (g).new text end
62.4
new text begin (d) The commissioner shall dispense the funds to schools with significant populations
new text end
62.5
new text begin of students receiving free or reduced-price lunches. Schools with significant homeless
and new text end
62.6
new text begin highly mobile students shall also be a priority. The commissioner must also dispense
the new text end
62.7
new text begin funds in a manner to ensure equity among urban, suburban, and greater Minnesota schools.new text end
62.8
new text begin (e) A school site must establish a school leadership team responsible for developing
new text end
62.9
new text begin school-specific programming goals, assessing program needs, and overseeing the process
new text end
62.10
new text begin of implementing expanded programming at each covered site. The school leadership team
new text end
62.11
new text begin shall have between 12 to 15 members and shall meet the following requirements:new text end
62.12
new text begin (1) at least 30 percent of the members are parents and 30 percent of the members new text end
62.13
new text begin are teachers at the school site and must include the school principal and representatives
new text end
62.14
new text begin from partner agencies; andnew text end
62.15
new text begin (2) the school leadership team must be responsible for overseeing the baseline new text end
62.16
new text begin analyses under paragraph (f). A school leadership team must have ongoing responsibility
new text end
62.17
new text begin for monitoring the development and implementation of full service community school
new text end
62.18
new text begin operations and programming at the school site and shall issue recommendations to schools
new text end
62.19
new text begin on a regular basis and summarized in an annual report. These reports shall also be
made new text end
62.20
new text begin available to the public at the school site and on school and district Web sites.new text end
62.21
new text begin (f) School sites must complete a baseline analysis prior to beginning programming
new text end
62.22
new text begin as a full-service community school. The analysis shall include:new text end
62.23
new text begin (1) a baseline analysis of needs at the school site, led by the school leadership
team, new text end
62.24
new text begin which shall include the following elements:new text end
62.25
new text begin (i) identification of challenges facing the school;new text end
62.26
new text begin (ii) analysis of the student body, including:new text end
62.27
new text begin (A) number and percentage of students with disabilities and needs of these students;new text end
62.28
new text begin (B) number and percentage of students who are English learners and the needs of new text end
62.29
new text begin these students;new text end
62.30
new text begin (C) number of students who are homeless or highly mobile; and new text end
62.31
new text begin (D) number and percentage of students receiving free or reduced-price lunch and new text end
62.32
new text begin the needs of these students; andnew text end
62.33
new text begin (iii) analysis of enrollment and retention rates for students with disabilities, new text end
62.34
new text begin English learners, homeless and highly mobile students, and students receiving free
or new text end
62.35
new text begin reduced-price lunch;new text end
63.1
new text begin (iv) analysis of suspension and expulsion data, including the justification for such
new text end
63.2
new text begin disciplinary actions and the degree to which particular populations, including, but
not new text end
63.3
new text begin limited to, students of color, students with disabilities, students who are English
learners, new text end
63.4
new text begin and students receiving free or reduced-price lunch are represented among students
subject new text end
63.5
new text begin to such actions;new text end
63.6
new text begin (v) analysis of school achievement data disaggregated by major demographic new text end
63.7
new text begin categories, including, but not limited to, race, ethnicity, English learner status,
disability new text end
63.8
new text begin status, and free or reduced-price lunch status;new text end
63.9
new text begin (vi) analysis of current parent engagement strategies and their success; andnew text end
63.10
new text begin (vii) evaluation of the need for and availability of wraparound services, including,
new text end
63.11
new text begin but not limited to:new text end
63.12
new text begin (A) mechanisms for meeting students' social, emotional, and physical health needs,
new text end
63.13
new text begin which may include coordination of existing services as well as the development of
new new text end
63.14
new text begin services based on student needs; andnew text end
63.15
new text begin (B) strategies to create a safe and secure school environment and improve school new text end
63.16
new text begin climate and discipline, such as implementing a system of positive behavioral supports,
and new text end
63.17
new text begin taking additional steps to eliminate bullying;new text end
63.18
new text begin (2) a baseline analysis of community assets and a strategic plan for utilizing new text end
63.19
new text begin and aligning identified assets. This analysis should include, but is not limited to,
a new text end
63.20
new text begin documentation of individuals in the community, faith-based organizations, community
and new text end
63.21
new text begin neighborhood associations, colleges, hospitals, libraries, businesses, and social
service new text end
63.22
new text begin agencies who may be able to provide support and resources; andnew text end
63.23
new text begin (3) a baseline analysis of needs in the community surrounding the school, led by new text end
63.24
new text begin the school leadership team, including, but not limited to:new text end
63.25
new text begin (i) the need for high-quality, full-day child care and early childhood education new text end
63.26
new text begin programs;new text end
63.27
new text begin (ii) the need for physical and mental health care services for children and adults;
andnew text end
63.28
new text begin (iii) the need for job training and other adult education programming.new text end
63.29
new text begin (g) Each school site receiving funding under this section must establish at least
two new text end
63.30
new text begin of the following types of programming:new text end
63.31
new text begin (1) early childhood:new text end
63.32
new text begin (i) early childhood education; andnew text end
63.33
new text begin (ii) child care services;new text end
63.34
new text begin (2) academic:new text end
63.35
new text begin (i) academic support and enrichment activities, including expanded learning time;new text end
63.36
new text begin (ii) summer or after-school enrichment and learning experiences;new text end
64.1
new text begin (iii) job training, internship opportunities, and career counseling services;new text end
64.2
new text begin (iv) programs that provide assistance to students who have been truant, suspended,
new text end
64.3
new text begin or expelled; andnew text end
64.4
new text begin (v) specialized instructional support services;new text end
64.5
new text begin (3) parental involvement:new text end
64.6
new text begin (i) programs that promote parental involvement and family literacy, including the
new text end
64.7
new text begin Reading First and Early Reading First programs authorized under part B of title I
of the new text end
64.8
new text begin Elementary and Secondary Education Act of 1965, United States Code, title 20, section
new text end
64.9
new text begin 6361, et seq.;new text end
64.10
new text begin (ii) parent leadership development activities; andnew text end
64.11
new text begin (iii) parenting education activities;new text end
64.12
new text begin (4) mental and physical health:new text end
64.13
new text begin (i) mentoring and other youth development programs, including peer mentoring and new text end
64.14
new text begin conflict mediation;new text end
64.15
new text begin (ii) juvenile crime prevention and rehabilitation programs;new text end
64.16
new text begin (iii) home visitation services by teachers and other professionals;new text end
64.17
new text begin (iv) developmentally appropriate physical education;new text end
64.18
new text begin (v) nutrition services;new text end
64.19
new text begin (vi) primary health and dental care; andnew text end
64.20
new text begin (vii) mental health counseling services;new text end
64.21
new text begin (5) community involvement:new text end
64.22
new text begin (i) service and service-learning opportunities;new text end
64.23
new text begin (ii) adult education, including instruction in English as a second language; andnew text end
64.24
new text begin (iii) homeless prevention services;new text end
64.25
new text begin (6) positive discipline practices; andnew text end
64.26
new text begin (7) other programming designed to meet school and community needs identified in new text end
64.27
new text begin the baseline analysis and reflected in the full-service community school plan.new text end
64.28
new text begin (h) The school leadership team at each school site must develop a full-service new text end
64.29
new text begin community school plan detailing the steps the school leadership team will take, including:new text end
64.30
new text begin (1) timely establishment and consistent operation of the school leadership team;new text end
64.31
new text begin (2) maintenance of attendance records in all programming components;new text end
64.32
new text begin (3) maintenance of measurable data showing annual participation and the impact new text end
64.33
new text begin of programming on the participating children and adults;new text end
64.34
new text begin (4) documentation of meaningful and sustained collaboration between the school new text end
64.35
new text begin and community stakeholders, including local governmental units, civic engagement new text end
64.36
new text begin organizations, businesses, and social service providers;new text end
65.1
new text begin (5) establishment and maintenance of partnerships with institutions, such as new text end
65.2
new text begin universities, hospitals, museums, or not-for-profit community organizations to further
the new text end
65.3
new text begin development and implementation of community school programming;new text end
65.4
new text begin (6) ensuring compliance with the district nondiscrimination policy; andnew text end
65.5
new text begin (7) plan for school leadership team development.new text end
65.6
new text begin Subd. 3.new text end new text begin Full-service community school review.new text end new text begin (a) Every three years, a new text end
65.7
new text begin full-service community school site must submit to the commissioner, and make available
new text end
65.8
new text begin at the school site and online, a report describing efforts to integrate community
school new text end
65.9
new text begin programming at each covered school site and the effect of the transition to a full-service
new text end
65.10
new text begin community school on participating children and adults. This report shall include,
but new text end
65.11
new text begin is not limited to, the following:new text end
65.12
new text begin (1) an assessment of the effectiveness of the school site in development or new text end
65.13
new text begin implementing the community school plan;new text end
65.14
new text begin (2) problems encountered in the design and execution of the community school new text end
65.15
new text begin plan, including identification of any federal, state, or local statute or regulation
impeding new text end
65.16
new text begin program implementation;new text end
65.17
new text begin (3) the operation of the school leadership team and its contribution to successful
new text end
65.18
new text begin execution of the community school plan;new text end
65.19
new text begin (4) recommendations for improving delivery of community school programming new text end
65.20
new text begin to students and families;new text end
65.21
new text begin (5) the number and percentage of students receiving community school programming new text end
65.22
new text begin who had not previously been served;new text end
65.23
new text begin (6) the number and percentage of nonstudent community members receiving new text end
65.24
new text begin community school programming who had not previously been served;new text end
65.25
new text begin (7) improvement in retention among students who receive community school new text end
65.26
new text begin programming;new text end
65.27
new text begin (8) improvement in academic achievement among students who receive community new text end
65.28
new text begin school programming;new text end
65.29
new text begin (9) changes in student's readiness to enter school, active involvement in learning
and new text end
65.30
new text begin in their community, physical, social and emotional health, and student's relationship
with new text end
65.31
new text begin the school and community environment;new text end
65.32
new text begin (10) an accounting of anticipated local budget savings, if any, resulting from the
new text end
65.33
new text begin implementation of the program;new text end
65.34
new text begin (11) improvements to the frequency or depth of families' involvement with their new text end
65.35
new text begin children's education;new text end
65.36
new text begin (12) assessment of community stakeholder satisfaction;new text end
66.1
new text begin (13) assessment of institutional partner satisfaction;new text end
66.2
new text begin (14) the ability, or anticipated ability, of the school site and partners to continue
to new text end
66.3
new text begin provide services in the absence of future funding under this section;new text end
66.4
new text begin (15) increases in access to services for students and their families; andnew text end
66.5
new text begin (16) the degree of increased collaboration among participating agencies and private
new text end
66.6
new text begin partners.new text end
66.7
new text begin (b) Reports submitted under this section shall be evaluated by the commissioner with
new text end
66.8
new text begin respect to the following criteria:new text end
66.9
new text begin (1) the effectiveness of the school or the community school consortium in new text end
66.10
new text begin implementing the full-service community school plan, including the degree to which
new text end
66.11
new text begin the school site navigated difficulties encountered in the design and operation of
the new text end
66.12
new text begin full-service community school plan, including identification of any federal, state,
or local new text end
66.13
new text begin statute or regulation impeding program implementation;new text end
66.14
new text begin (2) the extent to which the project has produced lessons about ways to improve new text end
66.15
new text begin delivery of community school programming to students;new text end
66.16
new text begin (3) the degree to which there has been an increase in the number or percentage of
new text end
66.17
new text begin students and nonstudents receiving community school programming;new text end
66.18
new text begin (4) the degree to which there has been an improvement in retention of students and
new text end
66.19
new text begin improvement in academic achievement among students receiving community school new text end
66.20
new text begin programming;new text end
66.21
new text begin (5) local budget savings, if any, resulting from the implementation of the program;new text end
66.22
new text begin (6) the degree of community stakeholder and institutional partner engagement;new text end
66.23
new text begin (7) the ability, or anticipated ability, of the school site and partners to continue
to new text end
66.24
new text begin provide services in the absence of future funding under this section;new text end
66.25
new text begin (8) increases in access to services for students and their families; andnew text end
66.26
new text begin (9) the degree of increased collaboration among participating agencies and private
new text end
66.27
new text begin partners.new text end
66.28 Sec. 45. Minnesota Statutes 2014, section 124D.73, subdivision 3, is amended to read:
66.29 Subd. 3.
Advisory task forcenew text begin Tribal Nations Education Committeenew text end . "Advisory
66.30task force"
new text begin "Tribal Nations Education Committee"new text end means the state advisory task force
66.31
new text begin committee established through tribal directive that the commissioner consults with
new text end
66.32on American Indian education programs
new text begin , policy, and all matters related to educating new text end
66.33
new text begin Minnesota's American Indian studentsnew text end .
66.34 Sec. 46. Minnesota Statutes 2014, section 124D.73, subdivision 4, is amended to read:
67.1 Subd. 4.
Participating school; American Indian school. "Participating school"
67.2and "American Indian school" mean a school that:
67.3(1) is not operated by a school district; and
67.4(2) is eligible for a grant under
new text begin federal new text end Title IV of the Indian
new text begin VII of the Elementary new text end
67.5
new text begin and Secondarynew text end Education Act for the education of American Indian children.
67.6 Sec. 47. Minnesota Statutes 2014, section 124D.74, subdivision 1, is amended to read:
67.7 Subdivision 1.
Program described. American Indian education programs are
67.8programs in public elementary and secondary schools, nonsectarian nonpublic, community,
67.9tribal, charter, or alternative schools enrolling American Indian children designed
to:
67.10(1) support postsecondary preparation for pupils;
67.11(2) support the academic achievement of American Indian students with identified
67.12focus to improve reading and mathematic skills;
67.13(3) make the curriculum more relevant to the needs, interests, and cultural heritage
67.14of American Indian pupils;
67.15(4) provide positive reinforcement of the self-image of American Indian pupils;
67.16(5) develop intercultural awareness among pupils, parents, and staff; and
67.17(6) supplement, not supplant, state and federal educational and cocurricular programs.
67.18Program components may include: development of support components for students in
67.19the areas of
new text begin services designed to increase completion and graduation rates of American new text end
67.20
new text begin Indian students must emphasizenew text end academic achievement, retention, and attendance;
67.21development of support components
new text begin servicesnew text end for staff, including in-service training and
67.22technical assistance in methods of teaching American Indian pupils; research projects,
67.23including experimentation with
new text begin innovative teaching approachesnew text end and evaluation of
67.24methods of relating to American Indian pupils; provision of personal and vocational
67.25
new text begin careernew text end counseling to American Indian pupils; modification of curriculum, instructional
67.26methods, and administrative procedures to meet the needs of American Indian pupils;
and
67.27supplemental instruction in American Indian language, literature, history, and culture.
67.28Districts offering programs may make contracts for the provision of program components
67.29
new text begin servicesnew text end by establishing cooperative liaisons with tribal programs and American Indian
67.30social service agencies. These programs may also be provided as components of early
67.31childhood and family education programs.
67.32 Sec. 48. Minnesota Statutes 2014, section 124D.74, subdivision 6, is amended to read:
67.33 Subd. 6.
Nonverbal courses and extracurricular activities. In predominantly
67.34nonverbal subjects, such as art, music, and physical education, American Indian children
68.1shall participate fully and on an equal basis with their contemporaries
new text begin peersnew text end in school
68.2classes provided for these subjects. Every school district or participating school
shall
68.3ensure to children enrolled in American Indian education programs an equal and
68.4meaningful opportunity to participate fully with other children in all extracurricular
68.5activities. This subdivision shall not be construed to prohibit instruction in nonverbal
68.6subjects or extracurricular activities which relate to the cultural heritage of the
American
68.7Indian children, or which are otherwise necessary to accomplish the objectives described
68.8in sections
124D.71 to
124D.82.
68.9 Sec. 49. Minnesota Statutes 2014, section 124D.75, subdivision 1, is amended to read:
68.10 Subdivision 1.
American Indian language and culture education licenses. The
68.11Board of Teaching
new text begin , in consultation with the Tribal Nations Education Committee,new text end must
68.12grant initial and continuing teaching licenses in American Indian language and culture
68.13education that bear the same duration as other initial and continuing licenses. The
board
68.14must grant licenses to persons who present satisfactory evidence that they:
68.15(1) possess competence in an American Indian language or possess unique
68.16qualifications relative to or knowledge and understanding of American Indian history
68.17and culture; or
68.18(2) possess a bachelor's degree or other academic degree approved by the board or
68.19meet such requirements as to course of study and training as the board may prescribe,
or
68.20possess such relevant experience as the board may prescribe.
68.21This evidence may be presented by affidavits,
new text begin tribal new text end resolutions, or by such other
68.22methods as the board may prescribe. Individuals may present applications for licensure
on
68.23their own behalf or these applications may be submitted by the superintendent or other
68.24authorized official of a school district, participating school, or an American Indian
school.
68.25 Sec. 50. Minnesota Statutes 2014, section 124D.75, subdivision 3, is amended to read:
68.26 Subd. 3.
Resolution or letter. All persons applying for a license under this section
68.27must submit to the board a resolution or letter of support signed by an American Indian
68.28tribal government or its designee. All persons holding a license under this section on July
68.291, 1995, must have on file or file with the board a resolution or letter of support signed
by
68.30a tribal government or its designee by January 1, 1996, or the next renewal date of the
68.31license thereafter.
68.32 Sec. 51. Minnesota Statutes 2014, section 124D.75, subdivision 9, is amended to read:
69.1 Subd. 9.
Affirmative efforts in hiring. In hiring for all positions in these programs,
69.2school districts and participating schools shall give preference to and make affirmative
69.3efforts to seek, recruit, and employ persons who share the culture of the American
Indian
69.4children who are enrolled in the program. The district or participating school shall
new text begin must new text end
69.5provide procedures for the involvement of the parent advisory committees in designing
69.6the procedures for the recruitment, screening and selection of applicants. This subdivision
69.7shall not be construed to limit the school board's authority to hire and discharge
personnel.
69.8 Sec. 52. Minnesota Statutes 2014, section 124D.76, is amended to read:
69.9
124D.76 TEACHERS AIDES; COMMUNITY COORDINATORSnew text begin , INDIAN new text end
69.10
new text begin HOME/SCHOOL LIAISONS, PARAPROFESSIONALSnew text end .
69.11In addition to employing American Indian language and culture education teachers,
69.12each district or participating school providing programs pursuant to sections
124D.71 to
69.13124D.82
may employ teachers' aides
new text begin paraprofessionalsnew text end . Teachers' aides
new text begin Paraprofessionals new text end
69.14must not be employed for the purpose of supplanting American Indian language and
69.15culture education teachers.
69.16Any district or participating school which conducts American Indian education
69.17programs pursuant to sections
124D.71 to
124D.82 must employ one or more full-time
69.18or part-time community coordinators
new text begin or Indian home/school liaisons new text end if there are 100 or
69.19more
new text begin American Indiannew text end students enrolled in the program
new text begin districtnew text end . Community coordinators
69.20shall promote communication understanding, and cooperation between the schools and
the
69.21community and shall visit the homes of children who are to be enrolled in an American
69.22Indian education program in order to convey information about the program.
69.23 Sec. 53. Minnesota Statutes 2014, section 124D.78, is amended to read:
69.24
124D.78 PARENT AND COMMUNITY PARTICIPATION.
69.25 Subdivision 1.
Parent committee. School boards and American Indian schools
69.26must provide for the maximum involvement of parents of children enrolled in education
69.27programs, programs for elementary and secondary grades, special education programs,
69.28and support services. Accordingly, the board of a school district in which there are
ten
69.29or more American Indian children
new text begin studentsnew text end enrolled and each American Indian school
69.30must establish a
new text begin an American Indian educationnew text end parent
new text begin advisory new text end committee. If a committee
69.31whose membership consists of a majority of parents of American Indian children has
been
69.32or is established according to federal, tribal, or other state law, that committee
may serve
69.33as the committee required by this section and is subject to, at least, the requirements
of
69.34this subdivision and subdivision 2.
70.1The
new text begin American Indian education new text end parent
new text begin advisory new text end committee must develop its
70.2recommendations in consultation with the curriculum advisory committee required by
70.3section
120B.11, subdivision 3. This committee must afford parents the necessary
70.4information and the opportunity effectively to express their views concerning all
aspects
70.5of American Indian education and the educational needs of the American Indian children
70.6enrolled in the school or program. The committee must also address the need for adult
70.7education programs for American Indian people in the community. The
new text begin school new text end board or
70.8American Indian school must ensure that programs are planned, operated, and evaluated
70.9with the involvement of and in consultation with parents of children
new text begin studentsnew text end served by
70.10the programs.
70.11 Subd. 2.
Resolution of concurrence. Prior to December
new text begin Marchnew text end 1, the
new text begin school new text end
70.12board or American Indian school must submit to the department a copy of a resolution
70.13adopted by the
new text begin American Indian education new text end parent
new text begin advisory new text end committee. The copy must be
70.14signed by the chair of the committee and must state whether the committee concurs
with
70.15the educational programs for American Indian children
new text begin studentsnew text end offered by the school
70.16board or American Indian school. If the committee does not concur with the educational
70.17programs, the reasons for nonconcurrence and recommendations shall be submitted with
70.18the resolution. By resolution, the board must respond
new text begin in writing within 60 daysnew text end , in cases
70.19of nonconcurrence, to each recommendation made by the committee and state its reasons
70.20for not implementing the recommendations.
70.21 Subd. 3.
Membership. The
new text begin American Indian education parent advisory new text end committee
70.22must be composed of parents of children eligible to be enrolled in American Indian
70.23education programs; secondary students eligible to be served; American Indian language
70.24and culture education teachers and aides
new text begin paraprofessionalsnew text end ; American Indian teachers;
70.25counselors; adult American Indian people enrolled in educational programs; and
70.26representatives from community groups. A majority of each committee must be parents
70.27of children enrolled or eligible to be enrolled in the programs. The number of parents
70.28of American Indian and non-American Indian children shall reflect approximately the
70.29proportion of children of those groups enrolled in the programs.
70.30 Subd. 4.
Alternate committee. If the organizational membership or the board
70.31of directors of an American Indian school consists of parents of children attending
the
70.32school, that membership or board may serve also as the
new text begin American Indian education new text end parent
70.33
new text begin advisory new text end committee.
70.34 Sec. 54. Minnesota Statutes 2014, section 124D.79, subdivision 1, is amended to read:
71.1 Subdivision 1.
new text begin American Indian new text end community involvement. The commissioner
71.2must provide for the maximum involvement of the state committees on American Indian
71.3education
new text begin Tribal Nations Education Committeenew text end , parents of American Indian children,
71.4secondary students eligible to be served, American Indian language and culture education
71.5teachers, American Indian teachers, teachers' aides
new text begin paraprofessionalsnew text end , representatives of
71.6community groups, and persons knowledgeable in the field of American Indian education,
71.7in the formulation of policy and procedures relating to the administration of sections
71.8124D.71
to
124D.82. The commissioner must annually hold a field hearing on Indian
71.9education to gather input from American Indian educators, parents, and students on
the
71.10state of American Indian education in Minnesota. Results of the hearing must be made
71.11available to all 11 tribal nations for review and comment.
71.12 Sec. 55. Minnesota Statutes 2014, section 124D.79, subdivision 2, is amended to read:
71.13 Subd. 2.
Technical assistance. The commissioner shall provide technical assistance
71.14to districts, schools and postsecondary institutions for preservice and in-service
training
71.15for
new text begin teachers, new text end American Indian education teachers and teacher's aides,
new text begin paraprofessionals new text end
71.16
new text begin specifically designed to implement culturally responsivenew text end teaching methods,
new text begin culturally new text end
71.17
new text begin based new text end curriculum development, testing and testing mechanisms, and the development of
71.18materials for American Indian education programs.
71.19 Sec. 56. Minnesota Statutes 2014, section 124D.791, subdivision 4, is amended to read:
71.20 Subd. 4.
Duties; powers. The Indian education director shall:
71.21(1) serve as the liaison for the department with the Tribal Nations Education
71.22Committee, the 11 reservations
new text begin tribal communities in Minnesotanew text end , the Minnesota Chippewa
71.23tribe,
new text begin and new text end the Minnesota Indian Affairs Council, and the Urban Advisory Council;
71.24(2) evaluate the state of American Indian education in Minnesota;
71.25(3) engage the tribal bodies, community groups, parents of children eligible to be
71.26served by American Indian education programs, American Indian administrators and
71.27teachers, persons experienced in the training of teachers for American Indian education
71.28programs, the tribally controlled schools, and other persons knowledgeable in the
field of
71.29American Indian education and seek their advice on policies that can improve the quality
71.30of American Indian education;
71.31(4) advise the commissioner on American Indian education issues, including:
71.32(i) issues facing American Indian students;
71.33(ii) policies for American Indian education;
72.1(iii) awarding scholarships to eligible American Indian students and in administering
72.2the commissioner's duties regarding awarding of American Indian postsecondary
72.3preparation
new text begin educationnew text end grants to school districts; and
72.4(iv) administration of the commissioner's duties under sections
124D.71 to
124D.82
72.5and other programs for the education of American Indian people;
72.6(5) propose to the commissioner legislative changes that will improve the quality
72.7of American Indian education;
72.8(6) develop a strategic plan and a long-term framework for American Indian
72.9education, in conjunction with the Minnesota Indian Affairs Council, that is updated
every
72.10five years and implemented by the commissioner, with goals to:
72.11(i) increase American Indian student achievement, including increased levels of
72.12proficiency and growth on statewide accountability assessments;
72.13(ii) increase the number of American Indian teachers in public schools;
72.14(iii) close the achievement gap between American Indian students and their more
72.15advantaged peers;
72.16(iv) increase the statewide graduation rate for American Indian students; and
72.17(v) increase American Indian student placement in postsecondary programs and
72.18the workforce; and
72.19(7) keep the American Indian community informed about the work of the department
72.20by reporting to the Tribal Nations Education Committee at each committee meeting.
72.21 Sec. 57. Minnesota Statutes 2014, section 124D.81, is amended to read:
72.22
124D.81 CONTINUATION OFnew text begin AMERICANnew text end INDIAN EDUCATION GRANTS
72.23
new text begin AIDnew text end .
72.24 Subdivision 1.
Grants; Procedures. Each fiscal year the commissioner of education
72.25must make grants to no fewer than six American Indian education programs. At least
72.26three programs must be in urban areas and at least three must be on or near reservations.
72.27The board of a local district, a participating school or a group of boards may develop
a
72.28proposal for grants in support of American Indian education programs. Proposals
new text begin A new text end
72.29
new text begin school district, charter school, or American Indian-controlled tribal contract or
grant new text end
72.30
new text begin school enrolling at least 20 American Indian students on October 1 of the previous
school new text end
72.31
new text begin year, receiving federal Title 7 funding, and operating an American Indian education
new text end
72.32
new text begin program according to section 124D.74 is eligible for Indian education aid if it meets
the new text end
72.33
new text begin requirements of this section. Programsnew text end may provide for contracts for the provision of
72.34program components by nonsectarian nonpublic, community, tribal, charter, or alternative
72.35schools. The commissioner shall prescribe the form and manner of application for grants
73.1
new text begin aidsnew text end , and no grant
new text begin aidnew text end shall be made for a proposal
new text begin programnew text end not complying with the
73.2requirements of sections
124D.71 to
124D.82.
73.3 Subd. 2.
Plans. Each
new text begin To qualify for aid, an eligiblenew text end district
new text begin , charter school,new text end or
73.4participating
new text begin tribal contractnew text end school submitting a proposal under subdivision 1 must
73.5develop and submit with the proposal a plan
new text begin for approval by the Indian education director new text end
73.6which
new text begin thatnew text end shall:
73.7(a) Identify the measures to be used to meet the requirements of sections
124D.71 to
73.8124D.82
;
73.9(b) Identify the activities, methods and programs to meet the identified educational
73.10needs of the children to be enrolled in the program;
73.11(c) Describe how district goals and objectives as well as the objectives of sections
73.12124D.71
to
124D.82 are to be achieved;
73.13(d) Demonstrate that required and elective courses as structured do not have a
73.14discriminatory effect within the meaning of section
124D.74, subdivision 5;
73.15(e) Describe how each school program will be organized, staffed, coordinated,
73.16and monitored; and
73.17(f) Project expenditures for programs under sections
124D.71 to
124D.82.
73.18
new text begin Subd. 2a.new text end new text begin American Indian education aid.new text end new text begin (a) The American Indian education new text end
73.19
new text begin aid for an eligible district or tribal contract school equals the greater of (1) the
sum of new text end
73.20
new text begin $20,000 plus the product of $63 times the difference between the number of American
new text end
73.21
new text begin Indian students enrolled on October 1 of the previous school year and 20; or (2) if
the new text end
73.22
new text begin district or school received a grant under this section for fiscal year 2015, the amount
new text end
73.23
new text begin of the grant for fiscal year 2015.new text end
73.24
new text begin (b) Notwithstanding paragraph (a), the American Indian education aid must not new text end
73.25
new text begin exceed the district or tribal contract school's actual expenditure according to the
approved new text end
73.26
new text begin plan under subdivision 2.new text end
73.27 Subd. 3.
Additional requirements. Each district receiving a grant
new text begin aidnew text end under this
73.28section must each year conduct a count of American Indian children in the schools
73.29of the district; test for achievement; identify the extent of other educational needs
of
73.30the children to be enrolled in the American Indian education program; and classify
the
73.31American Indian children by grade, level of educational attainment, age and achievement.
73.32Participating schools must maintain records concerning the needs and achievements
of
73.33American Indian children served.
73.34 Subd. 4.
Nondiscrimination; testing. In accordance with recognized professional
73.35standards, all testing and evaluation materials and procedures utilized for the identification,
73.36testing, assessment
new text begin ,new text end and classification of American Indian children must be selected and
74.1administered so as not to be racially or culturally discriminatory and must be valid
for the
74.2purpose of identifying, testing, assessing, and classifying American Indian children.
74.3 Subd. 5.
Records. Participating schools and districts must keep records and afford
74.4access to them as the commissioner finds necessary to ensure that American Indian
74.5education programs are implemented in conformity with sections
124D.71 to
124D.82.
74.6Each school district or participating school must keep accurate, detailed, and separate
74.7revenue and expenditure accounts for pilot American Indian education programs funded
74.8under this section.
74.9 Subd. 6.
Money from other sources. A district or participating school providing
74.10American Indian education programs shall be eligible to receive moneys for these programs
74.11from other government agencies and from private sources when the moneys are available.
74.12 Subd. 7.
Exceptions. Nothing in sections
124D.71 to
124D.82 shall be construed as
74.13prohibiting a district or school from implementing an American Indian education program
74.14which is not in compliance with sections
124D.71 to
124D.82 if the proposal and plan for
74.15that program is not funded pursuant to this section.
74.16
new text begin EFFECTIVE DATE.new text end new text begin This section is effective for revenue for fiscal year 2016 new text end
74.17
new text begin and later.new text end
74.18 Sec. 58. Minnesota Statutes 2014, section 124D.98, is amended to read:
74.19
124D.98 LITERACY INCENTIVE AID.
74.20 Subdivision 1.
Literacy incentive aid. In fiscal year 2013 and later, A district's
74.21literacy incentive aid equals the sum of the proficiency aid under subdivision 2,
and the
74.22growth aid under subdivision 3.
74.23 Subd. 2.
Proficiency aid. In fiscal year 2013 and later, The proficiency aid for
74.24each school
new text begin in a district that has submitted to the commissioner its local literacy plan new text end
74.25
new text begin under section 120B.12, subdivision 4a, new text end is equal to the product of the school's proficiency
74.26allowance times the number of third grade pupils at the school on October 1 of the
previous
74.27fiscal year. A school's proficiency allowance is equal to the percentage of students
in
74.28each building that meet or exceed proficiency on the third grade reading Minnesota
74.29Comprehensive Assessment, averaged across the previous three test administrations,
74.30times $530.
74.31 Subd. 3.
Growth aid. In fiscal year 2013 and later, The growth aid for each school
74.32
new text begin in a district that has submitted to the commissioner its local literacy plan under
section new text end
74.33
new text begin 120B.12, subdivision 4a, new text end is equal to the product of the school's growth allowance times
74.34the number of fourth grade pupils enrolled at the school on October 1 of the previous
75.1fiscal year. A school's growth allowance is equal to the percentage of students at
that
75.2school making medium or high growth, under section
120B.299, on the fourth grade
75.3reading Minnesota Comprehensive Assessment, averaged across the previous three test
75.4administrations, times $530.
75.5
new text begin EFFECTIVE DATE.new text end new text begin This section is effective for fiscal year 2016 and later.new text end
75.6 Sec. 59. Minnesota Statutes 2014, section 126C.15, subdivision 1, is amended to read:
75.7 Subdivision 1.
Use of revenue. The basic skills revenue under section
126C.10,
75.8subdivision 4
, must be reserved and used to meet the educational needs of pupils who
75.9enroll under-prepared to learn and whose progress toward meeting state or local content
75.10or performance standards is below the level that is appropriate for learners of their
age.
75.11Basic skills revenue may also be used for programs designed to prepare children and
their
75.12families for entry into school whether the student first enrolls in kindergarten or
first grade.
75.13Any of the following may be provided to meet these learners' needs:
75.14(1) direct instructional services under the assurance of mastery program according
75.15to section
124D.66;
75.16(2) remedial instruction in reading, language arts, mathematics, other content areas,
75.17or study skills to improve the achievement level of these learners;
75.18(3) additional teachers and teacher aides to provide more individualized instruction
75.19to these learners through individual tutoring, lower instructor-to-learner ratios,
or team
75.20teaching;
75.21(4) a longer school day or week during the regular school year or through a summer
75.22program that may be offered directly by the site or under a performance-based contract
75.23with a community-based organization;
75.24(5) comprehensive and ongoing staff development consistent with district and site
75.25plans according to section
122A.60new text begin and to implement plans under section 120B.12, new text end
75.26
new text begin subdivision 4anew text end , for teachers, teacher aides, principals, and other personnel to improve
75.27their ability to identify the needs of these learners and provide appropriate remediation,
75.28intervention, accommodations, or modifications;
75.29(6) instructional materials, digital learning, and technology appropriate for meeting
75.30the individual needs of these learners;
75.31(7) programs to reduce truancy, encourage completion of high school, enhance
75.32self-concept, provide health services, provide nutrition services, provide a safe
and secure
75.33learning environment, provide coordination for pupils receiving services from other
75.34governmental agencies, provide psychological services to determine the level of social,
76.1emotional, cognitive, and intellectual development, and provide counseling services,
76.2guidance services, and social work services;
76.3(8) bilingual programs, bicultural programs, and programs for English learners;
76.4(9) all-day kindergarten;
76.5(10) early education programs, parent-training programs, school readiness programs,
76.6kindergarten programs for four-year-olds, voluntary home visits under section
124D.13,
76.7subdivision 4, and other outreach efforts designed to prepare children for kindergarten;
76.8(11) extended school day and extended school year programs; and
76.9(12) substantial parent involvement in developing and implementing remedial
76.10education or intervention plans for a learner, including learning contracts between
the
76.11school, the learner, and the parent that establish achievement goals and responsibilities
of
76.12the learner and the learner's parent or guardian.
76.13
new text begin EFFECTIVE DATE.new text end new text begin This section is effective for fiscal year 2016 and later.new text end
76.14 Sec. 60. Minnesota Statutes 2014, section 135A.101, is amended by adding a
76.15subdivision to read:
76.16
new text begin Subd. 3.new text end new text begin Minnesota transfer curriculum.new text end new text begin Notwithstanding section 135A.08 or new text end
76.17
new text begin other law to the contrary, all MnSCU institutions must give full credit to a secondary
pupil new text end
76.18
new text begin who completes for postsecondary credit a postsecondary course or program that is part
or new text end
76.19
new text begin all of a goal area or a transfer curriculum at a MnSCU institution when the pupil
enrolls new text end
76.20
new text begin in a MnSCU institution after leaving secondary school. Once one MnSCU institution
new text end
76.21
new text begin certifies as completed a secondary student's postsecondary course or program that
is part new text end
76.22
new text begin or all of a goal area or a transfer curriculum, every MnSCU institution must consider
the new text end
76.23
new text begin student's course or program for that goal area or the transfer curriculum as completed.
new text end
76.24
new text begin EFFECTIVE DATE.new text end new text begin This section is effective August 1, 2015.new text end
76.25 Sec. 61. Laws 2013, chapter 116, article 3, section 35, subdivision 2, is amended to read:
76.26 Subd. 2.
Achievement and integration levy. For fiscal year 2014 only, a district's
76.27achievement and integration levy equals
new text begin the lesser of the district's achievement and new text end
76.28
new text begin integration revenue for that year or new text end the amount the district was authorized to levy under
76.29Laws 2011, First Special Session chapter 11, article 2, section 49, paragraph (f).
76.30
new text begin EFFECTIVE DATE.new text end new text begin This section is effective the day following final enactment.new text end
76.31 Sec. 62. Laws 2014, chapter 312, article 16, section 15, is amended to read:
76.32 Sec. 15.
TEACHER DEVELOPMENT AND EVALUATION REVENUE.
77.1 (a) For fiscal year 2015 only, teacher development and evaluation revenue for a
77.2school district, intermediate school district,
new text begin educational cooperative, education district, new text end
77.3or charter school
new text begin with any school site new text end that does not have an alternative professional pay
77.4system agreement under Minnesota Statutes, section
122A.414, subdivision 2, equals $302
77.5times the number of full-time equivalent teachers employed on October 1 of the previous
77.6school year
new text begin in each school site without an alternative professional pay system under new text end
77.7
new text begin Minnesota Statutes, section 122A.414, subdivision 2new text end .
new text begin Except for charter schools, new text end revenue
77.8under this section must be reserved for teacher development and evaluation activities
77.9consistent with Minnesota Statutes, section
122A.40, subdivision 8, or Minnesota Statutes,
77.10section
122A.41, subdivision 5. For the purposes of this section, "teacher" has the
77.11meaning given it in Minnesota Statutes, section
122A.40, subdivision 1, or Minnesota
77.12Statutes, section
122A.41, subdivision 1.
77.13 (b) Notwithstanding paragraph (a), the state total teacher development and
77.14evaluation revenue entitlement must not exceed $10,000,000
new text begin $10,022,000new text end for fiscal year
77.152015. The commissioner must limit the amount of revenue under this section so as not
77.16to exceed this limit.
77.17
new text begin EFFECTIVE DATE.new text end new text begin This section is effective retroactively from July 1, 2014.new text end
77.18 Sec. 63. Laws 2014, chapter 312, article 16, section 16, subdivision 7, is amended to
77.19read:
77.20 Subd. 7.
Teacher development and evaluation. For teacher development and
77.21evaluation revenue.
77.22
77.23
$
9,000,000
new text begin 9,020,000new text end
.....
2015
77.24The 2015 appropriation includes $0 for 2014 and $9,000,000
new text begin $9,020,000new text end for 2015.
77.25This is a onetime appropriation and is available until expended
new text begin the end of fiscal year 2017new text end .
77.26
new text begin EFFECTIVE DATE.new text end new text begin This section is effective the day following final enactment.new text end
77.27 Sec. 64.
new text begin TRANSFER CURRICULUM REPORT.new text end
77.28
new text begin By February 1, 2016, the chancellor of the Minnesota State Colleges and new text end
77.29
new text begin Universities must prepare and submit to the K-12 and higher education committees of
new text end
77.30
new text begin the legislature a report describing the implementation of the transfer curriculum
policy new text end
77.31
new text begin for postsecondary enrollment options program students under Minnesota Statutes, new text end
77.32
new text begin sections 124D.09, subdivision 12, and 135A.101, subdivision 3, and how to standardize
new text end
78.1
new text begin Advanced Placement, International Baccalaureate, and college-level exam program course
new text end
78.2
new text begin equivalencies across all state colleges and universities.new text end
78.3
new text begin EFFECTIVE DATE.new text end new text begin This section is effective the day following final enactment.new text end
78.4 Sec. 65.
new text begin EXAMINING AND DEVELOPING STATEWIDE SWIMMING new text end
78.5
new text begin RESOURCES.new text end
78.6
new text begin (a) The commissioner of education must use existing budgetary resources to new text end
78.7
new text begin inventory and report to the education committees of the legislature by February 1,
2016, new text end
78.8
new text begin on the extent of existing resources and best practices available for swimming instruction
new text end
78.9
new text begin in Minnesota public schools.new text end
78.10
new text begin (b) The commissioner of education must establish a work group of interested new text end
78.11
new text begin stakeholders, including the commissioner or commissioner's designee, the commissioner
new text end
78.12
new text begin of health or the commissioner's designee, and representatives of K-12 physical education
new text end
78.13
new text begin teachers, K-12 school administrators, the Minnesota school boards association, nonprofit
new text end
78.14
new text begin fitness and recreational organizations, public parks and recreation departments, and
new text end
78.15
new text begin other stakeholders, including community members underserved and disproportionately
new text end
78.16
new text begin impacted by the current distribution of swimming resources, interested in swimming
new text end
78.17
new text begin instruction and activities identified by the commissioner of education, to determine
new text end
78.18
new text begin and report to the education committees of the legislature by February 1, 2016, on
the new text end
78.19
new text begin curriculum, resources, personnel, and other costs needed to make swimming instruction
new text end
78.20
new text begin available in all Minnesota public schools for children beginning at an early age.
The work new text end
78.21
new text begin group must consider the substance of the report under paragraph (a) in preparing its
report.new text end
78.22
new text begin EFFECTIVE DATE.new text end new text begin This section is effective the day following final enactment.new text end
78.23 Sec. 66.
new text begin SCHOOL START DATE FOR THE 2015-2016 SCHOOL YEAR ONLY.new text end
78.24
new text begin Notwithstanding Minnesota Statutes, section 120A.40, or other law to the contrary,
new text end
78.25
new text begin for the 2015-2016 school year only, school districts may begin the school year on
new text end
78.26
new text begin September 1.new text end
78.27
new text begin EFFECTIVE DATE.new text end new text begin This section is effective the day following final enactment for new text end
78.28
new text begin the 2015-2016 school year only.new text end
78.29 Sec. 67.
new text begin DEVELOPMENTAL COURSE TAKING; REPORT.new text end
78.30
new text begin The commissioner of education, in consultation with the commissioner of the Office
new text end
78.31
new text begin of Higher Education, the chancellor of the Minnesota State Colleges and Universities,
new text end
79.1
new text begin and the president of the University of Minnesota, shall collect and report the following
new text end
79.2
new text begin information to the legislature by January 1, 2016:new text end
79.3
new text begin (1) the tuition costs incurred by students enrolled in noncredit-bearing college new text end
79.4
new text begin courses at the University of Minnesota and the Minnesota State Colleges and Universities
new text end
79.5
new text begin for developmental or remedial purposes for the 2014-2015 and preceding four school
new text end
79.6
new text begin years; andnew text end
79.7
new text begin (2) for the same time period, the Minnesota high schools who graduated the students
new text end
79.8
new text begin in clause (1), the aggregate number of students from each high school in clause (1),
and new text end
79.9
new text begin the tuition cost under clause (1) for students from each high school.new text end
79.10 Sec. 68.
new text begin RECOMMENDATIONS ON SERVICE-LEARNING.new text end
79.11
new text begin The Board of Teaching may make recommendations to the legislature on teacher new text end
79.12
new text begin preparation and licensure requirements in the area of service-learning, consistent
with new text end
79.13
new text begin Minnesota Statutes, section 124D.50, and the definition of service-learning in the
federal new text end
79.14
new text begin National and Community Service Act, as amended, and submit the recommendations new text end
79.15
new text begin to the legislature by February 15, 2016. The board must consult with representatives
new text end
79.16
new text begin of teacher preparation programs and institutions, school-based and community-based
new text end
79.17
new text begin service-learning practitioners and experts, licensed teachers, students with service-learning
new text end
79.18
new text begin experience, and other interested stakeholders in developing the recommendations.new text end
79.19 Sec. 69.
new text begin APPROPRIATIONS.new text end
79.20
new text begin Subdivision 1.new text end new text begin Department of Education.new text end new text begin The sums indicated in this section are new text end
79.21
new text begin appropriated from the general fund to the Department of Education for the fiscal years
new text end
79.22
new text begin designated.new text end
79.23
new text begin Subd. 2.new text end new text begin Alternative compensation.new text end new text begin For alternative teacher compensation aid new text end
79.24
new text begin under Minnesota Statutes, section 122A.415, subdivision 4:new text end
79.25
new text begin $new text end
new text begin 78,331,000new text end
new text begin .....new text end
new text begin 2016new text end
79.26
new text begin $new text end
new text begin 87,147,000new text end
new text begin .....new text end
new text begin 2017new text end
79.27
new text begin The 2016 appropriation includes $7,766,000 for 2015 and $70,565,000 for 2016.new text end
79.28
new text begin The 2017 appropriation includes $7,840,000 for 2016 and $79,307,000 for 2017.new text end
79.29
new text begin Subd. 3.new text end new text begin Achievement and integration aid.new text end new text begin For achievement and integration aid new text end
79.30
new text begin under Minnesota Statutes, section 124D.862:new text end
79.31
new text begin $new text end
new text begin 65,539,000new text end
new text begin .....new text end
new text begin 2016new text end
79.32
new text begin $new text end
new text begin 68,745,000new text end
new text begin .....new text end
new text begin 2017new text end
79.33
new text begin The 2016 appropriation includes $6,382,000 for 2015 and $59,157,000 for 2016.new text end
80.1
new text begin The 2017 appropriation includes $6,573,000 for 2016 and $62,172,000 for 2017.new text end
80.2
new text begin Subd. 4.new text end new text begin Literacy incentive aid.new text end new text begin For literacy incentive aid under Minnesota new text end
80.3
new text begin Statutes, section 124D.98:new text end
80.4
new text begin $new text end
new text begin 44,552,000new text end
new text begin .....new text end
new text begin 2016new text end
80.5
new text begin $new text end
new text begin 45,508,000new text end
new text begin .....new text end
new text begin 2017new text end
80.6
new text begin The 2016 appropriation includes $4,683,000 for 2015 and $39,869,000 for 2016.new text end
80.7
new text begin The 2017 appropriation includes $4,429,000 for 2016 and $41,079,000 for 2017.new text end
80.8
new text begin Subd. 5.new text end new text begin Interdistrict desegregation or integration transportation grants.new text end new text begin For new text end
80.9
new text begin interdistrict desegregation or integration transportation grants under Minnesota Statutes,
new text end
80.10
new text begin section 124D.87:new text end
80.11
new text begin $new text end
new text begin 15,023,000new text end
new text begin .....new text end
new text begin 2016new text end
80.12
new text begin $new text end
new text begin 15,825,000new text end
new text begin .....new text end
new text begin 2017new text end
80.13
new text begin Subd. 6.new text end new text begin Reading Corps.new text end new text begin For grants to serve Minnesota for the Minnesota Reading new text end
80.14
new text begin Corps under Minnesota Statutes, section 124D.42, subdivision 8:new text end
80.15
new text begin $new text end
new text begin 6,125,000new text end
new text begin .....new text end
new text begin 2016new text end
80.16
new text begin $new text end
new text begin 6,125,000new text end
new text begin .....new text end
new text begin 2017new text end
80.17
new text begin Any balance in the first year does not cancel but is available in the second year.new text end
80.18
new text begin Subd. 7.new text end new text begin Tribal contract schools.new text end new text begin For tribal contract school aid under Minnesota new text end
80.19
new text begin Statutes, section 124D.83:new text end
80.20
new text begin $new text end
new text begin 2,157,000new text end
new text begin .....new text end
new text begin 2016new text end
80.21
new text begin $new text end
new text begin 2,273,000new text end
new text begin .....new text end
new text begin 2017new text end
80.22
new text begin The 2016 appropriation includes $204,000 for 2015 and $1,953,000 for 2016.new text end
80.23
new text begin The 2017 appropriation includes $216,000 for 2016 and $2,057,000 for 2017.new text end
80.24
new text begin Subd. 8.new text end new text begin Compensatory revenue pilot program.new text end new text begin For grants for participation in the new text end
80.25
new text begin compensatory revenue pilot program under Laws 2005, First Special Session chapter
5, new text end
80.26
new text begin article 1, section 50, as amended by Laws 2007, chapter 146, article 1, section 21:new text end
80.27
new text begin $new text end
new text begin 2,325,000new text end
new text begin .....new text end
new text begin 2016new text end
80.28
new text begin $new text end
new text begin 2,325,000new text end
new text begin .....new text end
new text begin 2017new text end
80.29
new text begin (a) In fiscal years 2016 and 2017, grants shall be awarded in the following amounts:
new text end
80.30
new text begin $1,500,000 is for a grant to Independent School District No. 11, Anoka-Hennepin; new text end
80.31
new text begin $75,000 is for a grant to Independent School District No. 286, Brooklyn Center; $210,000
new text end
80.32
new text begin is for a grant to Independent School District No. 279, Osseo; $160,000 is for a grant
to new text end
80.33
new text begin Independent School District No. 281, Robbinsdale; $165,000 is for a grant to Independent
new text end
81.1
new text begin School District No. 535, Rochester; $65,000 is for a grant to Independent School District
new text end
81.2
new text begin No. 833, South Washington; and $150,000 is for a grant to Independent School District
No. new text end
81.3
new text begin 241, Albert Lea. If a grant to a specific school district is not awarded, the commissioner
new text end
81.4
new text begin may increase the aid amounts to any of the remaining participating school districts.
new text end
81.5
new text begin (b) The commissioner of education must submit a report by February 15, 2016, to the
new text end
81.6
new text begin education committees of the legislature evaluating the effectiveness of the pilot
program.new text end
81.7
new text begin Subd. 9.new text end new text begin Concurrent enrollment program.new text end new text begin For concurrent enrollment programs new text end
81.8
new text begin under Minnesota Statutes, section 124D.091:new text end
81.9
new text begin $new text end
new text begin $4,000,000new text end
new text begin .....new text end
new text begin 2016new text end
81.10
new text begin $new text end
new text begin $4,000,000new text end
new text begin .....new text end
new text begin 2017new text end
81.11
new text begin If the appropriation is insufficient, the commissioner must proportionately reduce
new text end
81.12
new text begin the aid payment to each district.new text end
81.13
new text begin Any balance in the first year does not cancel but is available in the second year.new text end
81.14
new text begin Subd. 10.new text end new text begin Success for the future.new text end new text begin For American Indian success for the future grants new text end
81.15
new text begin under Minnesota Statutes, section 124D.81:new text end
81.16
new text begin $new text end
new text begin 213,000new text end
new text begin .....new text end
new text begin 2016new text end
81.17
new text begin $new text end
new text begin 0new text end
new text begin .....new text end
new text begin 2017new text end
81.18
new text begin The 2016 appropriation includes $213,000 for 2015 and $0 for 2016.new text end
81.19
new text begin Subd. 11.new text end new text begin American Indian education aid.new text end new text begin For American Indian education aid new text end
81.20
new text begin under Minnesota Statutes, section 124D.81, subdivision 2a:new text end
81.21
new text begin $new text end
new text begin 3,513,000new text end
new text begin .....new text end
new text begin 2016new text end
81.22
new text begin $new text end
new text begin 3,726,000new text end
new text begin .....new text end
new text begin 2017new text end
81.23
new text begin Subd. 12.new text end new text begin Collaborative urban educator.new text end new text begin For the collaborative urban educator new text end
81.24
new text begin grant program:new text end
81.25
new text begin $new text end
new text begin 780,000new text end
new text begin .....new text end
new text begin 2016new text end
81.26
new text begin $new text end
new text begin 780,000new text end
new text begin .....new text end
new text begin 2017new text end
81.27
new text begin Grants shall be awarded in equal amounts: $195,000 each year is for the Southeast
new text end
81.28
new text begin Asian teacher program at Concordia University, St. Paul; $195,000 each year is for
the new text end
81.29
new text begin collaborative urban educator program at the University of St. Thomas; $195,000 each
year new text end
81.30
new text begin is for the Center for Excellence in Urban Teaching at Hamline University; and $195,00
new text end
81.31
new text begin each year is for the East Africa Student to Teacher program at Augsburg College.new text end
81.32
new text begin Any balance in the first year does not cancel but is available in the second year.new text end
82.1
new text begin Each institution shall prepare for the legislature, by January 15 of each year, a
new text end
82.2
new text begin detailed report regarding the funds used. The report must include the number of teachers
new text end
82.3
new text begin prepared as well as the diversity for each cohort of teachers produced.new text end
82.4
new text begin Subd. 13.new text end new text begin ServeMinnesota program.new text end new text begin For funding ServeMinnesota programs under new text end
82.5
new text begin Minnesota Statutes, sections 124D.37 to 124D.45:new text end
82.6
new text begin $new text end
new text begin 900,000new text end
new text begin .....new text end
new text begin 2016new text end
82.7
new text begin $new text end
new text begin 900,000new text end
new text begin .....new text end
new text begin 2017new text end
82.8
new text begin A grantee organization may provide health and child care coverage to the dependents
new text end
82.9
new text begin of each participant enrolled in a full-time ServeMinnesota program to the extent such
new text end
82.10
new text begin coverage is not otherwise available.new text end
82.11
new text begin Subd. 14.new text end new text begin Student organizations.new text end new text begin For student organizations:new text end
82.12
new text begin $new text end
new text begin 725,000new text end
new text begin .....new text end
new text begin 2016new text end
82.13
new text begin $new text end
new text begin 725,000new text end
new text begin .....new text end
new text begin 2017new text end
82.14
new text begin $46,000 each year is for student organizations serving health occupations (HOSA).new text end
82.15
new text begin $100,000 each year is for student organizations serving trade and industry new text end
82.16
new text begin occupations (Skills USA, secondary and postsecondary).new text end
82.17
new text begin $95,000 each year is for student organizations serving business occupations (BPA,
new text end
82.18
new text begin secondary and postsecondary).new text end
82.19
new text begin $193,000 each year is for student organizations serving agriculture occupations new text end
82.20
new text begin (FFA, PAS).new text end
82.21
new text begin $142,000 each year is for student organizations serving family and consumer science
new text end
82.22
new text begin occupations (FCCLA).new text end
82.23
new text begin $109,000 each year is for student organizations serving marketing occupations new text end
82.24
new text begin (DECA and DECA collegiate).new text end
82.25
new text begin $40,000 each year is for the Minnesota Foundation for Student Organizations.new text end
82.26
new text begin Any balance in the first year does not cancel but is available in the second year.new text end
82.27
new text begin Subd. 15.new text end new text begin Museums and Education Centers.new text end new text begin For grants to museums and education new text end
82.28
new text begin centers:new text end
82.29
new text begin $new text end
new text begin 351,000new text end
new text begin .....new text end
new text begin 2016new text end
82.30
new text begin $new text end
new text begin 351,000new text end
new text begin .....new text end
new text begin 2017new text end
82.31
new text begin (a) $260,000 each year is for the Minnesota Children's Museum.new text end
82.32
new text begin (b) $50,000 each year is for the Duluth Children's Museum.new text end
82.33
new text begin (c) $41,000 each year is for the Minnesota Academy of Science.new text end
82.34
new text begin Any balance in the first year does not cancel but is available in the second year.new text end
83.1
new text begin Subd. 16.new text end new text begin Teacher development and evaluation.new text end new text begin For teacher development and new text end
83.2
new text begin evaluation revenue:new text end
83.3
new text begin $new text end
new text begin 1,002,000new text end
new text begin .....new text end
new text begin 2016new text end
83.4
new text begin The 2016 appropriation includes $1,002,000 for 2016 and $0 for 2017. This is a new text end
83.5
new text begin onetime appropriation and is available in the second year.new text end
83.6
new text begin Subd. 17.new text end new text begin Starbase MN.new text end new text begin For a grant to Starbase MN for rigorous science, new text end
83.7
new text begin technology, engineering, and math (STEM) program providing students in grades 4 to
new text end
83.8
new text begin 6 with a multisensory learning experience and a hands-on curriculum in an aerospace
new text end
83.9
new text begin environment using state-of-the-art technology:new text end
83.10
new text begin $new text end
new text begin 924,000new text end
new text begin .....new text end
new text begin 2016new text end
83.11
new text begin $new text end
new text begin -0-new text end
new text begin .....new text end
new text begin 2017new text end
83.12
new text begin This appropriation does not cancel but is available in the second year of the biennium.new text end
83.13
new text begin The base appropriation for this appropriation in fiscal year 2018 is $500,000.new text end
83.14
new text begin All unspent funds, estimated at $924,000 from the Starbase appropriation under new text end
83.15
new text begin Laws 2013, chapter 116, article 3, section 37, subdivision 22, are canceled to the
general new text end
83.16
new text begin fund on June 30, 2015.new text end
83.17
new text begin Subd. 18.new text end new text begin Recovery program grants.new text end new text begin For recovery program grants under new text end
83.18
new text begin Minnesota Statutes, section 124D.695:new text end
83.19
new text begin $new text end
new text begin 500,000new text end
new text begin .....new text end
new text begin 2016new text end
83.20
new text begin $new text end
new text begin 500,000new text end
new text begin .....new text end
new text begin 2017new text end
83.21
new text begin Any balance in the first year does not cancel and is available in the second year.new text end
83.22
new text begin Subd. 19.new text end new text begin Full-service community schools.new text end new text begin For full-service community schools new text end
83.23
new text begin under Minnesota Statutes, section 124D.231:new text end
83.24
new text begin $new text end
new text begin 250,000new text end
new text begin .....new text end
new text begin 2016new text end
83.25
new text begin $new text end
new text begin 250,000new text end
new text begin .....new text end
new text begin 2017new text end
83.26
new text begin This is a onetime appropriation. Any balance in the first year does not cancel but
new text end
83.27
new text begin is available in the second year.new text end
83.28
new text begin Subd. 20.new text end new text begin Minnesota math corps program.new text end new text begin For the Minnesota math corps program new text end
83.29
new text begin under Minnesota Statutes, section 124D.42, subdivision 9:new text end
83.30
new text begin $new text end
new text begin 250,000new text end
new text begin .....new text end
new text begin 2016new text end
83.31
new text begin $new text end
new text begin 250,000new text end
new text begin .....new text end
new text begin 2017new text end
83.32
new text begin Any unexpended balance in the first year does not cancel but is available in the new text end
83.33
new text begin second year.new text end
84.1
new text begin Subd. 21.new text end new text begin American Indian teacher preparation grants.new text end new text begin For joint grants to assist new text end
84.2
new text begin American Indian people to become teachers under Minnesota Statutes, section 122A.63:new text end
84.3
new text begin $new text end
new text begin 190,000new text end
new text begin .....new text end
new text begin 2016new text end
84.4
new text begin $new text end
new text begin 190,000new text end
new text begin .....new text end
new text begin 2017new text end
84.5
new text begin Subd. 22.new text end new text begin Civic education grants.new text end new text begin For grants to the Minnesota Civic Education new text end
84.6
new text begin Coalition, Kids Voting St. Paul, Learning Law and Democracy Foundation, and YMCA new text end
84.7
new text begin Youth in Government to provide civic education programs for Minnesota youth age 18
new text end
84.8
new text begin and younger. Civic education is the study of constitutional principles and the democratic
new text end
84.9
new text begin foundation of our national, state, and local institutions, and the study of political
processes new text end
84.10
new text begin and structures of government, grounded in the understanding of constitutional government
new text end
84.11
new text begin under the rule of law.new text end
84.12
new text begin $new text end
new text begin 125,000new text end
new text begin .....new text end
new text begin 2016new text end
84.13
new text begin $new text end
new text begin 125,000new text end
new text begin .....new text end
new text begin 2017new text end
84.14
new text begin Any balance in the first year does not cancel but is available in the second year.new text end
84.15
new text begin Subd. 23.new text end new text begin Minnesota Principals' Academy.new text end new text begin For a grant to the University of new text end
84.16
new text begin Minnesota College of Education and Human Development, for the operation of the new text end
84.17
new text begin Minnesota Principals' Academy:new text end
84.18
new text begin $new text end
new text begin 150,000new text end
new text begin .....new text end
new text begin 2016new text end
84.19
new text begin $new text end
new text begin 150,000new text end
new text begin .....new text end
new text begin 2017new text end
84.20
new text begin Any balance in the first year does not cancel but is available in the second year.
new text end
84.21
new text begin Subd. 24.new text end new text begin Race 2 Reduce.new text end new text begin For grants to support expanded Race 2 Reduce water new text end
84.22
new text begin conservation programming in Minnesota schools:new text end
84.23
new text begin $new text end
new text begin 81,000new text end
new text begin .....new text end
new text begin 2016new text end
84.24
new text begin $new text end
new text begin 69,000new text end
new text begin .....new text end
new text begin 2017new text end
84.25
new text begin In the first year, $28,000 is for H2O for Life; $38,000 is for Independent School
new text end
84.26
new text begin District No. 624, White Bear Lake; and $15,000 is for Independent School District
new text end
84.27
new text begin No. 832, Mahtomedi. In the second year, $32,000 is for H2O for Life; $22,000 is for
new text end
84.28
new text begin Independent School District No. 624, White Bear Lake; and $15,000 is for Independent
new text end
84.29
new text begin School District No. 832, Mahtomedi.new text end
84.30
new text begin Any balance in the first year does not cancel but is available in the second year.
The new text end
84.31
new text begin base appropriation for fiscal year 2018 and later is $0.new text end
84.32
new text begin Subd. 25.new text end new text begin Northwestern Online College in the High School program.new text end new text begin For the new text end
84.33
new text begin Northwestern Online College in the High School program:new text end
85.1
new text begin $new text end
new text begin 50,000new text end
new text begin .....new text end
new text begin 2016new text end
85.2
new text begin $new text end
new text begin 50,000new text end
new text begin .....new text end
new text begin 2017new text end
85.3
new text begin This is a onetime appropriation. Any balance from the first year may carry forward
new text end
85.4
new text begin into the second year.new text end
85.5
ARTICLE 3
85.6
STANDARDS AND ASSESSMENTS
85.7 Section 1. Minnesota Statutes 2014, section 120B.02, subdivision 2, is amended to read:
85.8 Subd. 2.
Graduation requirements. To graduate from high school, students must
85.9demonstrate to their enrolling school district or school their satisfactory completion
of the
85.10credit requirements under section
120B.024 and their understanding of academic standards
85.11on a nationally normed college entrance exam. A school district must adopt graduation
85.12requirements that meet or exceed state graduation requirements established in law
or rule.
85.13
new text begin EFFECTIVE DATE.new text end new text begin This section is effective and applies to students entering grade new text end
85.14
new text begin 8 in the 2012-2013 school year and later.new text end
85.15 Sec. 2. Minnesota Statutes 2014, section 120B.021, subdivision 4, is amended to read:
85.16 Subd. 4.
Revisions and reviews required. (a) The commissioner of education must
85.17revise and appropriately embed technology and information literacy standards consistent
85.18with recommendations from school media specialists into the state's academic standards
85.19and graduation requirements and implement a ten-year cycle to review and, consistent
85.20with the review, revise state academic standards and related benchmarks, consistent
with
85.21this subdivision. During each ten-year review and revision cycle, the commissioner
also
85.22must examine the alignment of each required academic standard and related benchmark
85.23with the knowledge and skills students need for career and college readiness and advanced
85.24work in the particular subject area. The commissioner must include the contributions
of
85.25Minnesota American Indian tribes and communities as related to the academic standards
85.26during the review and revision of the required academic standards.
85.27 (b) The commissioner must ensure that the statewide mathematics assessments
85.28administered to students in grades 3 through 8 and 11 are aligned with the state academic
85.29standards in mathematics, consistent with section
120B.30, subdivision 1, paragraph
85.30(b). The commissioner must implement a review of the academic standards and related
85.31benchmarks in mathematics beginning in the 2015-2016
new text begin 2020-2021new text end school year and
85.32every ten years thereafter.
85.33(c) The commissioner must implement a review of the academic standards and related
85.34benchmarks in arts beginning in the 2016-2017 school year and every ten years thereafter.
86.1(d) The commissioner must implement a review of the academic standards and
86.2related benchmarks in science beginning in the 2017-2018 school year and every ten
86.3years thereafter.
86.4(e) The commissioner must implement a review of the academic standards and
86.5related benchmarks in language arts beginning in the 2018-2019 school year and every
86.6ten years thereafter.
86.7(f) The commissioner must implement a review of the academic standards and
86.8related benchmarks in social studies beginning in the 2019-2020 school year and every
86.9ten years thereafter.
86.10(g) School districts and charter schools must revise and align local academic
86.11standards and high school graduation requirements in health, world languages, and
career
86.12and technical education to require students to complete the revised standards beginning
86.13in a school year determined by the school district or charter school. School districts
and
86.14charter schools must formally establish a periodic review cycle for the academic standards
86.15and related benchmarks in health, world languages, and career and technical education.
86.16
new text begin EFFECTIVE DATE.new text end new text begin This section is effective the day following final enactment.new text end
86.17 Sec. 3. Minnesota Statutes 2014, section 120B.022, subdivision 1, is amended to read:
86.18 Subdivision 1.
Elective standards. A district must establish its own standards in the
86.19following subject areas:
86.20 (1) career and technical education; and
new text begin .new text end
86.21 (2)
new text begin A district must use the currentnew text end world languages
new text begin standards developed by the new text end
86.22
new text begin American Council on the Teaching of Foreign Languagesnew text end .
86.23 A school district must offer courses in all elective subject areas.
86.24 Sec. 4. Minnesota Statutes 2014, section 120B.024, subdivision 2, is amended to read:
86.25 Subd. 2.
Credit equivalencies. (a) A one-half credit of economics taught in a
86.26school's agriculture education or business department may fulfill a one-half credit
in
86.27social studies under subdivision 1, clause (5), if the credit is sufficient to satisfy
all of the
86.28academic standards in economics.
86.29 (b) An agriculture science or career and technical education credit may fulfill the
86.30credit in chemistry or physics or the elective science credit required under subdivision 1,
86.31clause (4), if the credit meets the state chemistry or physics, or district biology
new text begin physical new text end
86.32
new text begin science, life science, earth and space science, chemistry, or physicsnew text end academic standards or
86.33a combination of these academic standards as approved by the district.
new text begin An agriculture or new text end
86.34
new text begin career and technical education credit may fulfill the credit in chemistry or physics
required new text end
87.1
new text begin under subdivision 1, clause (4), if the credit meets the state chemistry or physics
academic new text end
87.2
new text begin standards as approved by the district. new text end A student must satisfy either all of the chemistry
87.3academic standards or all of the physics academic standards prior to graduation. An
87.4agriculture science or career and technical education credit may not fulfill the required
87.5biology credit under subdivision 1, clause (4).
87.6 (c) A career and technical education credit may fulfill a mathematics or arts credit
87.7requirement under subdivision 1, clause (2) or (6).
87.8(d) An agriculture education teacher is not required to meet the requirements of
87.9Minnesota Rules, part 3505.1150, subpart 1, item B, to meet the credit equivalency
87.10requirements of paragraph (b) above.
87.11
new text begin (e) A computer science credit may fulfill a mathematics credit requirement under new text end
87.12
new text begin subdivision 1, clause (2), if the credit meets state academic standards in mathematics.new text end
87.13
new text begin (f) A Project Lead the Way credit may fulfill a science or mathematics credit new text end
87.14
new text begin requirement under subdivision 1, clause (2) or (4), if the credit meets the state
academic new text end
87.15
new text begin standards in science or mathematics.new text end
87.16
new text begin EFFECTIVE DATE.new text end new text begin This section is effective for the 2015-2016 school year and new text end
87.17
new text begin later.new text end
87.18 Sec. 5. Minnesota Statutes 2014, section 120B.11, subdivision 9, is amended to read:
87.19 Subd. 9.
Annual evaluation. (a) The commissioner must identify effective
87.20strategies, practices, and use of resources by districts and school sites in striving
for the
87.21world's best workforce. The commissioner must assist districts and sites throughout
the
87.22state in implementing these effective strategies, practices, and use of resources.
87.23(b) The commissioner must identify those districts in any consecutive three-year
87.24period not making sufficient progress toward improving teaching and learning for all
87.25students, including English learners with varied needs, consistent with section
124D.59,
87.26subdivisions 2 and 2a, and striving for the world's best workforce. The commissioner,
in
87.27collaboration with the identified district, may require the district to use up to
two percent
87.28of its basic general education revenue per fiscal year during the proximate three
school
87.29years to implement commissioner-specified strategies and practices, consistent with
87.30paragraph (a), to improve and accelerate its progress in realizing its goals under
this
87.31section. In implementing this section, the commissioner must consider districts' budget
87.32constraints and legal obligations.
87.33
new text begin (c) The commissioner shall report by January 25 of each year to the committees of
new text end
87.34
new text begin the legislature having jurisdiction over kindergarten through grade 12 education the
list of new text end
87.35
new text begin school districts that have not submitted their report to the commissioner under subdivision
new text end
88.1
new text begin 5 and the list of school districts not achieving their performance goals established
in new text end
88.2
new text begin their plan under subdivision 2.new text end
88.3 Sec. 6. Minnesota Statutes 2014, section 120B.125, is amended to read:
88.4
120B.125 PLANNING FOR STUDENTS' SUCCESSFUL TRANSITION
88.5
TO POSTSECONDARY EDUCATION AND EMPLOYMENT; PERSONAL
88.6
LEARNING PLANS.
88.7(a) Consistent with sections
,
120B.13,
120B.131,
120B.132,
120B.14,
88.8120B.15
,
120B.30, subdivision 1, paragraph (c), 125A.08, and other related sections,
88.9school districts, beginning in the 2013-2014 school year, must assist all students
by no
88.10later than grade 9 to explore their educational, college, and career interests, aptitudes,
and
88.11aspirations and develop a plan for a smooth and successful transition to postsecondary
88.12education or employment. All students' plans must:
88.13(1) provide a comprehensive plan to prepare for and complete a career and college
88.14ready curriculum by meeting state and local academic standards and developing career
and
88.15employment-related skills such as team work, collaboration, creativity, communication,
88.16critical thinking, and good work habits;
88.17(2) emphasize academic rigor and high expectations;
88.18(3) help students identify interests, aptitudes, aspirations, and personal learning
88.19styles that may affect their career and college ready goals and postsecondary education
88.20and employment choices;
88.21(4) set appropriate career and college ready goals with timelines that identify
88.22effective means for achieving those goals;
88.23(5) help students access education and career options;
88.24(6) integrate strong academic content into career-focused courses and applied and
88.25experiential learning opportunities and integrate relevant career-focused courses
and
88.26applied and experiential learning opportunities into strong academic content;
88.27(7) help identify and access appropriate counseling and other supports and assistance
88.28that enable students to complete required coursework, prepare for postsecondary education
88.29and careers, and obtain information about postsecondary education costs and eligibility
88.30for financial aid and scholarship;
88.31(8) help identify collaborative partnerships among prekindergarten through grade
88.3212 schools, postsecondary institutions, economic development agencies, and local and
88.33regional employers that support students' transition to postsecondary education and
88.34employment and provide students with applied and experiential learning opportunities;
and
89.1(9) be reviewed and revised at least annually by the student, the student's parent
or
89.2guardian, and the school or district to ensure that the student's course-taking schedule
keeps
89.3the student making adequate progress to meet state and local academic standards and
high
89.4school graduation requirements and with a reasonable chance to succeed with employment
89.5or postsecondary education without the need to first complete remedial course work.
89.6(b) A school district may develop grade-level curricula or provide instruction that
89.7introduces students to various careers, but must not require any curriculum, instruction,
89.8or employment-related activity that obligates an elementary or secondary student to
89.9involuntarily select or pursue a career, career interest, employment goals, or related
job
89.10training.
89.11(c) Educators must possess the knowledge and skills to effectively teach all English
89.12learners in their classrooms. School districts must provide appropriate curriculum,
89.13targeted materials, professional development opportunities for educators, and sufficient
89.14resources to enable English learners to become career and college ready.
89.15(d) When assisting students in developing a plan for a smooth and successful
89.16transition to postsecondary education and employment, districts must recognize the
unique
89.17possibilities of each student and ensure that the contents of each student's plan
reflect the
89.18student's unique talents, skills, and abilities as the student grows, develops, and
learns.
89.19 Sec. 7. Minnesota Statutes 2014, section 120B.30, subdivision 1, is amended to read:
89.20 Subdivision 1.
Statewide testing. (a) The commissioner, with advice from experts
89.21with appropriate technical qualifications and experience and stakeholders, consistent
89.22with subdivision 1a, shall include in the comprehensive assessment system, for each
89.23grade level to be tested, state-constructed tests developed as computer-adaptive reading
89.24and mathematics assessments for students that are aligned with the state's required
89.25academic standards under section
120B.021, include multiple choice questions, and are
89.26administered annually to all students in grades 3 through 7
new text begin 8new text end . Reading and mathematics
89.27assessments for all students in grade 8 must be aligned with the state's required
reading and
89.28mathematics standards, be administered annually, and include multiple choice questions.
89.29State-developed high school tests aligned with the state's required academic standards
89.30under section
120B.021 and administered to all high school students in a subject other than
89.31writing must include multiple choice questions. The commissioner shall establish one
or
89.32more months during which schools shall administer the tests to students each school
year.
89.33(1) Students enrolled in grade 8 through the 2009-2010 school year are eligible
89.34to be assessed under (i) the graduation-required assessment for diploma in reading,
89.35mathematics, or writing under Minnesota Statutes 2012, section
120B.30, subdivision 1,
90.1paragraphs (c), clauses (1) and (2), and (d), (ii) the WorkKeys job skills assessment,
(iii)
90.2the Compass college placement test, (iv) the ACT assessment for college admission,
or (v)
90.3a nationally recognized armed services vocational aptitude test.
90.4(2) Students enrolled in grade 8 in the 2010-2011 or 2011-2012 school year are
90.5eligible to be assessed under (i) the graduation-required assessment for diploma in
reading,
90.6mathematics, or writing under Minnesota Statutes 2012, section
120B.30, subdivision
90.71
, paragraph (c), clauses (1) and (2), (ii) the WorkKeys job skills assessment, (iii)
the
90.8Compass college placement test, (iv) the ACT assessment for college admission, or (v) a
90.9nationally recognized armed services vocational aptitude test.
90.10(3) For students under clause (1) or (2), a school district may substitute a score
from
90.11an alternative, equivalent assessment to satisfy the requirements of this paragraph.
90.12(b) The state assessment system must be aligned to the most recent revision of
90.13academic standards as described in section
120B.023 in the following manner:
90.14(1) mathematics;
90.15(i) grades 3 through 8 beginning in the 2010-2011 school year; and
90.16(ii) high school level beginning in the 2013-2014 school year;
90.17(2) science; grades 5 and 8 and at the high school level beginning in the 2011-2012
90.18school year; and
90.19(3) language arts and reading; grades 3 through 8 and high school level beginning
in
90.20the 2012-2013 school year.
90.21 (c) For students enrolled in grade 8 in the 2012-2013 school year and later, students'
90.22state graduation requirements, based on a longitudinal, systematic approach to student
90.23education and career planning, assessment, instructional support, and evaluation,
include
90.24the following:
90.25 (1) demonstrate understanding of required academic standards
new text begin an opportunity to new text end
90.26
new text begin participatenew text end on a nationally normed college entrance exam
new text begin , in grade 11 or grade 12new text end ;
90.27 (2) achievement and career and college readiness tests in mathematics, reading, and
90.28writing, consistent with paragraph (e)
new text begin (j)new text end and to the extent available, to monitor students'
90.29continuous development of and growth in requisite knowledge and skills; analyze
90.30students' progress and performance levels, identifying students' academic strengths
and
90.31diagnosing areas where students require curriculum or instructional adjustments, targeted
90.32interventions, or remediation; and, based on analysis of students' progress and performance
90.33data, determine students' learning and instructional needs and the instructional tools
and
90.34best practices that support academic rigor for the student; and
90.35 (3) consistent with this paragraph and section
120B.125, age-appropriate exploration
90.36and planning activities and career assessments to encourage students to identify personally
91.1relevant career interests and aptitudes and help students and their families develop
a
91.2regularly reexamined transition plan for postsecondary education or employment without
91.3need for postsecondary remediation.
91.4Based on appropriate state guidelines, students with an individualized education program
91.5may satisfy state graduation requirements by achieving an individual score on the
91.6state-identified alternative assessments.
91.7
new text begin (d) new text end Expectations of schools, districts, and the state for career or college readiness
91.8under this subdivision must be comparable in rigor, clarity of purpose, and rates
of student
91.9completion. A student under
new text begin paragraph (c), new text end clause (2)
new text begin ,new text end must receive targeted, relevant,
91.10academically rigorous, and resourced instruction, which may include a targeted instruction
91.11and intervention plan focused on improving the student's knowledge and skills in core
91.12subjects so that the student has a reasonable chance to succeed in a career or college
91.13without need for postsecondary remediation. Consistent with sections
120B.13,
124D.09,
91.14124D.091
,
124D.49, and related sections, an enrolling school or district must actively
91.15encourage a student in grade 11 or 12 who is identified as academically ready for
a career
91.16or college to participate in courses and programs awarding college credit to high
school
91.17students. Students are not required to achieve a specified score or level of proficiency
on
91.18an assessment under this subdivision to graduate from high school.
91.19 (d) To improve the secondary and postsecondary outcomes of all students, the
91.20alignment between secondary and postsecondary education programs and Minnesota's
91.21workforce needs, and the efficiency and cost-effectiveness of secondary and postsecondary
91.22programs, the commissioner, after consulting with the chancellor of the Minnesota
State
91.23Colleges and Universities and using a request for proposal process, shall contract
for a
91.24series of assessments that are consistent with this subdivision, aligned with state
academic
91.25standards, and include career and college readiness benchmarks. Mathematics, reading,
91.26and writing assessments for students in grades 8 and 10 must be predictive of a nationally
91.27normed assessment for career and college readiness. This
91.28
new text begin (e) Though not a high school graduation requirement, students are encouraged to new text end
91.29
new text begin participate in a nationally recognized college entrance exam. With funding provided
by new text end
91.30
new text begin the state, a district must pay the cost, one time, for an interested student in grade
11 or 12 new text end
91.31
new text begin to take anew text end nationally recognized assessment must be a college entrance exam and given to
91.32students in grade 11
new text begin before graduatingnew text end . This series of assessments must include a college
91.33placement diagnostic exam and contain career exploration elements.
new text begin A student must be new text end
91.34
new text begin able to take the exam under this paragraph at the student's high school during the
school new text end
91.35
new text begin day and at any one of the multiple exam administrations available to students in the
district.new text end
92.1
new text begin (f)new text end The commissioner and the chancellor of the Minnesota State Colleges and
92.2Universities must collaborate in aligning instruction and assessments for adult basic
92.3education students and English learners to provide the students with diagnostic information
92.4about any targeted interventions, accommodations, modifications, and supports they
92.5need so that assessments and other performance measures are accessible to them and
92.6they may seek postsecondary education or employment without need for postsecondary
92.7remediation. When administering formative or summative assessments used to measure
92.8the academic progress, including the oral academic development, of English learners
92.9and inform their instruction, schools must ensure that the assessments are accessible
to
92.10the students and students have the modifications and supports they need to sufficiently
92.11understand the assessments.
92.12 (1)
new text begin (g)new text end Districts and schools, on an annual basis, must use the career exploration
92.13elements in these assessments to help students, beginning no later than grade 9, and their
92.14families explore and plan for postsecondary education or careers based on the students'
92.15interests, aptitudes, and aspirations. Districts and schools must use timely regional
labor
92.16market information and partnerships, among other resources, to help students and their
92.17families successfully develop, pursue, review, and revise an individualized plan for
92.18postsecondary education or a career. This process must help increase students' engagement
92.19in and connection to school, improve students' knowledge and skills, and deepen students'
92.20understanding of career pathways as a sequence of academic and career courses that
lead
92.21to an industry-recognized credential, an associate's degree, or a bachelor's degree
and are
92.22available to all students, whatever their interests and career goals.
92.23(2) Students in grade 10 or 11 not yet academically ready for a career or college
based
92.24on their growth in academic achievement between grades 8 and 10 must take the college
92.25placement diagnostic exam before taking the college entrance exam under clause (3).
92.26Students, their families, the school, and the district can then use the results of
the college
92.27placement diagnostic exam for targeted instruction, intervention, or remediation and
92.28improve students' knowledge and skills in core subjects sufficient for a student to
graduate
92.29and have a reasonable chance to succeed in a career or college without remediation.
92.30(3) All students except those eligible for alternative assessments must be given the
92.31college entrance part of these assessments in grade 11.
new text begin (h)new text end A student under this clause
92.32who demonstrates attainment of required state academic standards, which include career
92.33and college readiness benchmarks, on these
new text begin high schoolnew text end assessments
new text begin under subdivision 1a new text end
92.34is academically ready for a career or college and is encouraged to participate in
courses
92.35awarding college credit to high school students. Such courses and programs may include
93.1sequential courses of study within broad career areas and technical skill assessments
93.2that extend beyond course grades.
93.3(4)
new text begin (i)new text end As appropriate, students through grade 12 must continue to participate in
93.4targeted instruction, intervention, or remediation and be encouraged to participate
in
93.5courses awarding college credit to high school students.
93.6 (5) A study to determine the alignment between these assessments and state
93.7academic standards under this chapter must be conducted. Where alignment exists, the
93.8commissioner must seek federal approval to, and immediately upon receiving approval,
93.9replace the federally required assessments referenced under subdivision 1a and section
93.10
120B.35, subdivision 2, with assessments under this paragraph.
93.11 (e)
new text begin (j)new text end In developing, supporting, and improving students' academic readiness for a
93.12career or college, schools, districts, and the state must have a continuum of empirically
93.13derived, clearly defined benchmarks focused on students' attainment of knowledge and
93.14skills so that students, their parents, and teachers know how well students must perform
to
93.15have a reasonable chance to succeed in a career or college without need for postsecondary
93.16remediation. The commissioner, in consultation with local school officials and educators,
93.17and Minnesota's public postsecondary institutions must ensure that the foundational
93.18knowledge and skills for students' successful performance in postsecondary employment
93.19or education and an articulated series of possible targeted interventions are clearly
93.20identified and satisfy Minnesota's postsecondary admissions requirements.
93.21 (f)
new text begin (k)new text end For students in grade 8 in the 2012-2013 school year and later, a school,
93.22district, or charter school must record on the high school transcript a student's
progress
93.23toward career and college readiness, and for other students as soon as practicable.
93.24 (g)
new text begin (l)new text end The school board granting students their diplomas may formally decide to
93.25include a notation of high achievement on the high school diplomas of those graduating
93.26seniors who, according to established school board criteria, demonstrate exemplary
93.27academic achievement during high school.
93.28(h)
new text begin (m)new text end The 3rd through 7th
new text begin 8thnew text end grade computer-adaptive assessment results and grade
93.298 and high school test results shall be available to districts for diagnostic purposes
affecting
93.30student learning and district instruction and curriculum, and for establishing educational
93.31accountability. The commissioner must establish empirically derived benchmarks on
93.32adaptive assessments in grades 3 through 7
new text begin 8new text end that reveal a trajectory toward career and
93.33college readiness. The commissioner must disseminate to the public the computer-adaptive
93.34assessments, grade 8, and high school test results upon receiving those results.
93.35 (i)
new text begin (n)new text end The grades 3 through 7
new text begin 8new text end computer-adaptive assessments and grade 8 and
93.36high school tests must be aligned with state academic standards. The commissioner
shall
94.1determine the testing process and the order of administration. The statewide results
shall
94.2be aggregated at the site and district level, consistent with subdivision 1a.
94.3 (j)
new text begin (o)new text end The commissioner shall include the following components in the statewide
94.4public reporting system:
94.5 (1) uniform statewide computer-adaptive assessments of all students in grades 3
94.6through 7
new text begin 8new text end and testing at the grade 8 and high school levels that provides appropriate,
94.7technically sound accommodations or alternate assessments;
94.8 (2) educational indicators that can be aggregated and compared across school
94.9districts and across time on a statewide basis, including average daily attendance,
high
94.10school graduation rates, and high school drop-out rates by age and grade level;
94.11 (3) state results on the American College Test; and
94.12 (4) state results from participation in the National Assessment of Educational
94.13Progress so that the state can benchmark its performance against the nation and other
94.14states, and, where possible, against other countries, and contribute to the national
effort
94.15to monitor achievement.
94.16 (k)
new text begin (p)new text end For purposes of statewide accountability, "career and college ready" means a
94.17high school graduate has the knowledge, skills, and competencies to successfully pursue
a
94.18career pathway, including postsecondary credit leading to a degree, diploma, certificate,
or
94.19industry-recognized credential and employment. Students who are career and college
ready
94.20are able to successfully complete credit-bearing coursework at a two- or four-year
college
94.21or university or other credit-bearing postsecondary program without need for remediation.
94.22 (l)
new text begin (q)new text end For purposes of statewide accountability, "cultural competence," "cultural
94.23competency," or "culturally competent" means the ability and will to interact effectively
94.24with people of different cultures, native languages, and socioeconomic backgrounds.
94.25
new text begin EFFECTIVE DATE.new text end new text begin This section is effective for the 2015-2016 school year and new text end
94.26
new text begin later.new text end
94.27 Sec. 8. Minnesota Statutes 2014, section 120B.30, subdivision 1a, is amended to read:
94.28 Subd. 1a.
Statewide and local assessments; results. (a) For purposes of this
94.29section, the following definitions have the meanings given them.
94.30(1) "Computer-adaptive assessments" means fully adaptive assessments.
94.31(2) "Fully adaptive assessments" include test items that are on-grade level and items
94.32that may be above or below a student's grade level.
94.33(3) "On-grade level" test items contain subject area content that is aligned to state
94.34academic standards for the grade level of the student taking the assessment.
95.1(4) "Above-grade level" test items contain subject area content that is above the
95.2grade level of the student taking the assessment and is considered aligned with state
95.3academic standards to the extent it is aligned with content represented in state academic
95.4standards above the grade level of the student taking the assessment. Notwithstanding
95.5the student's grade level, administering above-grade level test items to a student
does not
95.6violate the requirement that state assessments must be aligned with state standards.
95.7(5) "Below-grade level" test items contain subject area content that is below the
95.8grade level of the student taking the test and is considered aligned with state academic
95.9standards to the extent it is aligned with content represented in state academic standards
95.10below the student's current grade level. Notwithstanding the student's grade level,
95.11administering below-grade level test items to a student does not violate the requirement
95.12that state assessments must be aligned with state standards.
95.13(b) The commissioner must use fully adaptive mathematics and reading assessments
95.14for grades 3 through 7 beginning in the 2015-2016 school year and later
new text begin 8new text end .
95.15(c) For purposes of conforming with existing federal educational accountability
95.16requirements, the commissioner must develop and implement computer-adaptive reading
95.17and mathematics assessments for grades 3 through 7
new text begin 8new text end , state-developed grade 8 and
95.18high school reading and mathematics tests aligned with state academic standards,
new text begin a new text end
95.19
new text begin high school writing test aligned with state standards when it becomes available,new text end and
95.20science assessments under clause (2) that districts and sites must use to monitor
student
95.21growth toward achieving those standards. The commissioner must not develop statewide
95.22assessments for academic standards in social studies, health and physical education,
and
95.23the arts. The commissioner must require:
95.24 (1) annual computer-adaptive reading and mathematics assessments in grades 3
95.25through 7
new text begin 8new text end , and grade 8 and high school reading
new text begin , writing,new text end and mathematics tests; and
95.26 (2) annual science assessments in one grade in the grades 3 through 5 span, the
95.27grades 6 through 8 span, and a life sciences assessment in the grades 9 through 12
span,
95.28and the commissioner must not require students to achieve a passing score on high
school
95.29science assessments as a condition of receiving a high school diploma.
95.30(d) The commissioner must ensure that for annual computer-adaptive assessments:
95.31(1) individual student performance data and achievement reports are available
95.32within three school days of when students take an assessment except in a year when
an
95.33assessment reflects new performance standards;
95.34(2) growth information is available for each student from the student's first
95.35assessment to each proximate assessment using a constant measurement scale;
96.1(3) parents, teachers, and school administrators are able to use elementary and
96.2middle school student performance data to project students' secondary and postsecondary
96.3achievement; and
96.4(4) useful diagnostic information about areas of students' academic strengths and
96.5weaknesses is available to teachers and school administrators for improving student
96.6instruction and indicating the specific skills and concepts that should be introduced
and
96.7developed for students at given performance levels, organized by strands within subject
96.8areas, and aligned to state academic standards.
96.9 (e) The commissioner must ensure that all state tests administered to elementary and
96.10secondary students measure students' academic knowledge and skills and not students'
96.11values, attitudes, and beliefs.
96.12 (f) Reporting of state assessment results must:
96.13 (1) provide timely, useful, and understandable information on the performance of
96.14individual students, schools, school districts, and the state;
96.15 (2) include a growth indicator of student achievement; and
96.16 (3) determine whether students have met the state's academic standards.
96.17 (g) Consistent with applicable federal law, the commissioner must include
96.18appropriate, technically sound accommodations or alternative assessments for the very
96.19few students with disabilities for whom statewide assessments are inappropriate and
96.20for English learners.
96.21 (h) A school, school district, and charter school must administer statewide
96.22assessments under this section, as the assessments become available, to evaluate student
96.23progress toward career and college readiness in the context of the state's academic
96.24standards. A school, school district, or charter school may use a student's performance
96.25on a statewide assessment as one of multiple criteria to determine grade promotion
or
96.26retention. A school, school district, or charter school may use a high school student's
96.27performance on a statewide assessment as a percentage of the student's final grade
in a
96.28course, or place a student's assessment score on the student's transcript.
96.29 Sec. 9. Minnesota Statutes 2014, section 120B.30, is amended by adding a subdivision
96.30to read:
96.31
new text begin Subd. 1b.new text end new text begin Special and extenuating circumstances.new text end new text begin The Department of Education new text end
96.32
new text begin shall develop a list of circumstances in which a student may be unable to test. The
list new text end
96.33
new text begin shall include but not be limited to: students transferring to Minnesota from another
state, new text end
96.34
new text begin students transferring from nonpublic to public school and students hospitalized. Students
new text end
97.1
new text begin unable to participate in statewide assessment due to a circumstance on the list authorized
new text end
97.2
new text begin under this subdivision shall not be penalized for missing the opportunity to take
a test.new text end
97.3 Sec. 10. Minnesota Statutes 2014, section 120B.30, subdivision 4, is amended to read:
97.4 Subd. 4.
Access to tests. Consistent with section
13.34, the commissioner must
97.5adopt and publish a policy to provide public and parental access for review of basic
97.6skills tests, Minnesota Comprehensive Assessments, or any other such statewide test
97.7and assessment
new text begin developed assessmentsnew text end which would not compromise the objectivity or
97.8fairness of the testing or examination process. Upon receiving a written request,
the
97.9commissioner must make available to parents or guardians a copy of their student's
actual
97.10responses to the test questions for their review.
97.11 Sec. 11. Minnesota Statutes 2014, section 120B.30, is amended by adding a subdivision
97.12to read:
97.13
new text begin Subd. 6.new text end new text begin Commissioner-ordered suspension of assessments.new text end new text begin In the event that it new text end
97.14
new text begin becomes necessary for the commissioner to order the suspension of assessments under
new text end
97.15
new text begin this section because of service disruptions, technical interruptions, or any other
reason new text end
97.16
new text begin beyond the control of school districts, the commissioner must immediately notify the
chair new text end
97.17
new text begin and ranking member of the legislative committees with jurisdiction over kindergarten
new text end
97.18
new text begin through grade 12 education.new text end
97.19 Sec. 12.
new text begin [120B.301] LIMITS ON LOCAL TESTING.new text end
97.20
new text begin (a) For students in grades 1 through 6, the cumulative total amount of time spent
new text end
97.21
new text begin taking locally adopted districtwide or schoolwide assessments must not exceed ten
hours new text end
97.22
new text begin per school year. For students in grades 7 through 12, the cumulative total amount
of time new text end
97.23
new text begin spent taking locally adopted districtwide or schoolwide assessments must not exceed
11 new text end
97.24
new text begin hours per school year. For purposes of this paragraph, International Baccalaureate
and new text end
97.25
new text begin Advanced Placement exams are not considered locally adopted assessments.new text end
97.26
new text begin (b) A district or charter school is exempt from the requirements of paragraph (a),
new text end
97.27
new text begin if the district or charter school, in consultation with the exclusive representative
of the new text end
97.28
new text begin teachers or other teachers if there is no exclusive representative of the teachers,
decides new text end
97.29
new text begin to exceed a time limit in paragraph (a) and includes in the report required under
section new text end
97.30
new text begin 120B.11, subdivision 5.new text end
97.31
new text begin EFFECTIVE DATE.new text end new text begin This section is effective the day following final enactment.new text end
97.32 Sec. 13.
new text begin INTERRUPTED TESTS; TEST DATA.new text end
98.1
new text begin (a) The commissioner of education must contract with a qualified independent new text end
98.2
new text begin contractor to determine whether students' 2015 Minnesota Comprehensive Assessments
new text end
98.3
new text begin mathematics, reading, and science test results under Minnesota Statutes, section 120B.30,
new text end
98.4
new text begin are sufficiently robust or were sufficiently invariant to observed disruptions of
the test new text end
98.5
new text begin administration to accurately reflect students' achievement on these tests.new text end
98.6
new text begin (b) For purposes of Minnesota Statutes, section 120B.36, and section 122A.40, new text end
98.7
new text begin subdivision 9, or 122A.41, subdivision 5, and notwithstanding other law to the contrary,
new text end
98.8
new text begin a school district may decide, consistent with the concern under paragraph (a) about
new text end
98.9
new text begin incomplete data from interrupted tests, to not report student test results for the
2014-2015 new text end
98.10
new text begin school year.new text end
98.11
new text begin EFFECTIVE DATE.new text end new text begin This section is effective the day following final enactment.new text end
98.12 Sec. 14.
new text begin REPORT ON MCA CONTRACTOR PERFORMANCE.new text end
98.13
new text begin By February 10, 2016, the commissioner of education must report to the legislative
new text end
98.14
new text begin committee with jurisdiction over education finance and policy describing the performance
new text end
98.15
new text begin of the contractor providing the Minnesota Comprehensive Assessments to the state,
new text end
98.16
new text begin including any payment adjusted to reflect the contractor's failure to perform according
new text end
98.17
new text begin to the terms of the state contract, findings from the qualified independent contractor
new text end
98.18
new text begin under section ..., and any other information about online administration of the Minnesota
new text end
98.19
new text begin Comprehensive assessments the commissioner wishes to include in the report.new text end
98.20 Sec. 15.
new text begin APPROPRIATIONS.new text end
98.21
new text begin Subdivision 1.new text end new text begin Department.new text end new text begin The sums indicated in this section are appropriated new text end
98.22
new text begin from the general fund to the Department of Education for the fiscal years designated.new text end
98.23
new text begin Subd. 2.new text end new text begin Statewide testing and reporting system.new text end new text begin For the statewide testing and new text end
98.24
new text begin reporting system under Minnesota Statutes, section 120B.30:new text end
98.25
new text begin $new text end
new text begin 11,204,000new text end
new text begin .....new text end
new text begin 2016new text end
98.26
new text begin $new text end
new text begin 10,892,000new text end
new text begin .....new text end
new text begin 2017new text end
98.27
new text begin Any balance in the first year does not cancel but is available in the second year.new text end
98.28
new text begin Subd. 3.new text end new text begin ACT test reimbursement.new text end new text begin To reimburse districts for students who qualify new text end
98.29
new text begin under Minnesota Statutes, section 120B.30, subdivision 1, paragraph (e), for onetime
new text end
98.30
new text begin payment of their ACT examination fee:new text end
98.31
new text begin $new text end
new text begin 3,011,000new text end
new text begin .....new text end
new text begin 2016new text end
98.32
new text begin $new text end
new text begin 3,011,000new text end
new text begin .....new text end
new text begin 2017new text end
99.1
new text begin The Department of Education must reimburse districts for their onetime payments new text end
99.2
new text begin on behalf of students.new text end
99.3 Sec. 16.
new text begin REPEALER.new text end
99.4
new text begin Minnesota Statutes 2014, section 120B.128,new text end new text begin is repealed.new text end
99.5
ARTICLE 4
99.6
CHARTER SCHOOLS
99.7 Section 1. Minnesota Statutes 2014, section 124D.10, subdivision 1, is amended to read:
99.8 Subdivision 1.
Purposes. (a) The primary purpose of this section is to improve all
99.9pupil learning and all student achievement. Additional purposes include to:
99.10 (1) increase learning opportunities for all pupils;
99.11 (2) encourage the use of different and innovative teaching methods;
99.12 (3) measure learning outcomes and create different and innovative forms of
99.13measuring outcomes;
99.14 (4) establish new forms of accountability for schools; or
99.15 (5) create new professional opportunities for teachers, including the opportunity
to
99.16be responsible for the learning program at the school site.
99.17 (b) This section does not provide a means to keep open a school that a school board
99.18decides to close. However, a school board may endorse or authorize the establishing
of
99.19a charter school to replace the school the board decided to close. Applicants seeking
a
99.20charter under this circumstance must demonstrate to the authorizer that the charter
sought
99.21is substantially different in purpose and program from the school the board closed
and
99.22that the proposed charter satisfies the requirements of this subdivision. If the school
99.23board that closed the school authorizes the charter, it must document in its affidavit
to the
99.24commissioner that the charter is substantially different in program and purpose from
99.25the school it closed.
99.26
new text begin (c) new text end An authorizer shall not approve an application submitted by a charter school
99.27developer under subdivision 4, paragraph (a), if the application does not comply with
this
99.28subdivision. The commissioner shall not approve an affidavit submitted by an authorizer
99.29under subdivision 4, paragraph (b), if the affidavit does not comply with this subdivision.
99.30 Sec. 2. Minnesota Statutes 2014, section 124D.10, subdivision 3, is amended to read:
99.31 Subd. 3.
Authorizer. (a) For purposes of this section, the terms defined in this
99.32subdivision have the meanings given them.
100.1 "Application" to receive approval as an authorizer means the proposal an eligible
100.2authorizer submits to the commissioner under paragraph (c)
new text begin (d)new text end before that authorizer is
100.3able to submit any affidavit to charter to a school.
100.4 "Application" under subdivision 4 means the charter school business plan a
100.5school developer submits to an authorizer for approval to establish a charter school
that
100.6documents the school developer's mission statement, school purposes, program design,
100.7financial plan, governance and management structure, and background and experience,
100.8plus any other information the authorizer requests. The application also shall include
a
100.9"statement of assurances" of legal compliance prescribed by the commissioner.
100.10 "Affidavit" means a written statement the authorizer submits to the commissioner
100.11for approval to establish a charter school under subdivision 4 attesting to its review
and
100.12approval process before chartering a school.
100.13 (b) The following organizations may authorize one or more charter schools:
100.14 (1) a school board, intermediate school district school board, or education district
100.15organized under sections
123A.15 to
123A.19;
100.16 (2) a charitable organization under section 501(c)(3) of the Internal Revenue Code
100.17of 1986, excluding a nonpublic sectarian or religious institution; any person other
than a
100.18natural person that directly or indirectly, through one or more intermediaries, controls,
100.19is controlled by, or is under common control with the nonpublic sectarian or religious
100.20institution; and any other charitable organization under this clause that in the federal
IRS
100.21Form 1023, Part IV, describes activities indicating a religious purpose, that:
100.22 (i) is a member of the Minnesota Council of Nonprofits or the Minnesota Council on
100.23Foundations;
100.24 (ii) is registered with the attorney general's office; and
100.25 (iii) is incorporated in the state of Minnesota and has been operating continuously
100.26for at least five years but does not operate a charter school;
100.27 (3) a Minnesota private college, notwithstanding clause (2), that grants two- or
100.28four-year degrees and is registered with the Minnesota Office of Higher Education
under
100.29chapter 136A; community college, state university, or technical college governed by
the
100.30Board of Trustees of the Minnesota State Colleges and Universities; or the University
100.31of Minnesota;
100.32 (4) a nonprofit corporation subject to chapter 317A, described in section
317A.905,
100.33and exempt from federal income tax under section 501(c)(6) of the Internal Revenue
Code
100.34of 1986, may authorize one or more charter schools if the charter school has operated
100.35for at least three years under a different authorizer and if the nonprofit corporation
has
100.36existed for at least 25 years; or
101.1 (5) single-purpose authorizers formed as charitable, nonsectarian organizations
101.2under section 501(c)(3) of the Internal Revenue Code of 1986 and incorporated in the
state
101.3of Minnesota under chapter 317A as a corporation with no members or under section
101.4322B.975
as a nonprofit limited liability company for the sole purpose of chartering schools.
101.5
new text begin (c)new text end Eligible organizations interested in being approved as an authorizer under this
101.6paragraph must submit a proposal to the commissioner that includes the provisions
101.7of paragraph (c)
new text begin (d)new text end and a five-year financial plan. Such authorizers shall consider and
101.8approve charter school applications using the criteria provided in subdivision 4 and
shall
101.9not limit the applications it solicits, considers, or approves to any single curriculum,
101.10learning program, or method.
101.11 (c)
new text begin (d)new text end An eligible authorizer under this subdivision must apply to the commissioner
101.12for approval as an authorizer before submitting any affidavit to the commissioner
to charter
101.13a school. The application for approval as a charter school authorizer must demonstrate
101.14the applicant's ability to implement the procedures and satisfy the criteria for chartering
a
101.15school under this section. The commissioner must approve or disapprove an application
101.16within 45 business days of the application deadline. If the commissioner disapproves
101.17the application, the commissioner must notify the applicant of the specific deficiencies
101.18in writing and the applicant then has 20 business days to address the deficiencies
to the
101.19commissioner's satisfaction. After the 20 business days expire, the commissioner has
15
101.20business days to make a final decision to approve or disapprove the application. Failing
to
101.21address the deficiencies to the commissioner's satisfaction makes an applicant ineligible
to
101.22be an authorizer. The commissioner, in establishing criteria for approval, must consider
101.23the applicant's:
101.24 (1) capacity and infrastructure;
101.25 (2) application criteria and process;
101.26 (3) contracting process;
101.27 (4) ongoing oversight and evaluation processes; and
101.28 (5) renewal criteria and processes.
101.29 (d)
new text begin (e)new text end An applicant must include in its application to the commissioner to be an
101.30approved authorizer at least the following:
101.31 (1) how chartering schools is a way for the organization to carry out its mission;
101.32 (2) a description of the capacity of the organization to serve as an authorizer,
101.33including the personnel who will perform the authorizing duties, their qualifications,
the
101.34amount of time they will be assigned to this responsibility, and the financial resources
101.35allocated by the organization to this responsibility;
102.1 (3) a description of the application and review process the authorizer will use to
102.2make decisions regarding the granting of charters;
102.3 (4) a description of the type of contract it will arrange with the schools it charters
102.4that meets the provisions of subdivision 6;
102.5 (5) the process to be used for providing ongoing oversight of the school consistent
102.6with the contract expectations specified in clause (4) that assures that the schools
chartered
102.7are complying with both the provisions of applicable law and rules, and with the contract;
102.8 (6) a description of the criteria and process the authorizer will use to grant expanded
102.9applications under subdivision 4, paragraph (j)
new text begin (s)new text end ;
102.10 (7) the process for making decisions regarding the renewal or termination of
102.11the school's charter based on evidence that demonstrates the academic, organizational,
102.12and financial competency of the school, including its success in increasing student
102.13achievement and meeting the goals of the charter school agreement; and
102.14 (8) an assurance specifying that the organization is committed to serving as an
102.15authorizer for the full five-year term.
102.16 (e)
new text begin (f)new text end A disapproved applicant under this section may resubmit an application
102.17during a future application period.
102.18 (f)
new text begin (g)new text end If the governing board of an approved authorizer votes to withdraw as
102.19an approved authorizer for a reason unrelated to any cause under subdivision 23, the
102.20authorizer must notify all its chartered schools and the commissioner in writing by
July 15
102.21of its intent to withdraw as an authorizer on June 30 in the next calendar year
new text begin , regardless new text end
102.22
new text begin of when the authorizer's five-year term of approval endsnew text end . The commissioner may approve
102.23the transfer of a charter school to a new authorizer under this paragraph after the
new
102.24authorizer submits an affidavit to the commissioner.
102.25 (g)
new text begin (h)new text end The authorizer must participate in department-approved training.
102.26 (h)
new text begin (i)new text end The commissioner shall review an authorizer's performance every five years
102.27in a manner and form determined by the commissioner and may review an authorizer's
102.28performance more frequently at the commissioner's own initiative or at the request
of a
102.29charter school operator, charter school board member, or other interested party. The
102.30commissioner, after completing the review, shall transmit a report with findings to
the
102.31authorizer.
102.32
new text begin (j)new text end If, consistent with this section, the commissioner finds that an authorizer has not
102.33fulfilled the requirements of this section, the commissioner may subject the authorizer
102.34to corrective action, which may include terminating the contract with the charter
school
102.35board of directors of a school it chartered. The commissioner must notify the authorizer
102.36in writing of any findings that may subject the authorizer to corrective action and
103.1the authorizer then has 15 business days to request an informal hearing before the
103.2commissioner takes corrective action. If the commissioner terminates a contract between
103.3an authorizer and a charter school under this paragraph, the commissioner may assist
the
103.4charter school in acquiring a new authorizer.
103.5 (i)
new text begin (k)new text end The commissioner may at any time take corrective action against an
103.6authorizer, including terminating an authorizer's ability to charter a school for:
103.7 (1) failing to demonstrate the criteria under paragraph (c)
new text begin (d)new text end under which the
103.8commissioner approved the authorizer;
103.9 (2) violating a term of the chartering contract between the authorizer and the charter
103.10school board of directors;
103.11 (3) unsatisfactory performance as an approved authorizer; or
103.12 (4) any good cause shown that provides the commissioner a legally sufficient reason
103.13to take corrective action against an authorizer.
103.14 Sec. 3. Minnesota Statutes 2014, section 124D.10, subdivision 4, is amended to read:
103.15 Subd. 4.
Formation of school. (a) An authorizer, after receiving an application from
103.16a school developer, may charter a licensed teacher under section
122A.18, subdivision
103.171
, or a group of individuals that includes one or more licensed teachers under section
103.18122A.18, subdivision 1
, to operate a school subject to the commissioner's approval of the
103.19authorizer's affidavit under paragraph (b)
new text begin (d)new text end .
103.20
new text begin (b)new text end The school must be organized and operated as a nonprofit corporation under
103.21chapter 317A and the provisions under the applicable chapter shall apply to the school
103.22except as provided in this section.
103.23
new text begin (c) new text end Notwithstanding sections
465.717 and
465.719, a school district, subject to this
103.24section and section
124D.11, may create a corporation for the purpose of establishing a
103.25charter school.
103.26 (b)
new text begin (d)new text end Before the operators may establish and operate a school, the authorizer must
103.27file an affidavit with the commissioner stating its intent to charter a school. An
authorizer
103.28must file a separate affidavit for each school it intends to charter. An authorizer
must file
103.29an affidavit by May 1 to be able to charter a new school in the next school year after the
103.30commissioner approves the authorizer's affidavit
new text begin at least 14 months before July 1 of the new text end
103.31
new text begin year the new charter school plans to serve studentsnew text end . The affidavit must state the terms and
103.32conditions under which the authorizer would charter a school and how the authorizer
103.33intends to oversee the fiscal and student performance of the charter school and to
comply
103.34with the terms of the written contract between the authorizer and the charter school
103.35board of directors under subdivision 6. The commissioner must approve or disapprove
104.1the authorizer's affidavit within 60 business days of receipt of the affidavit. If
the
104.2commissioner disapproves the affidavit, the commissioner shall notify the authorizer
of
104.3the deficiencies in the affidavit and the authorizer then has 20 business days to
address the
104.4deficiencies. The commissioner must notify the authorizer of final approval or disapproval
104.5within 15 business days after receiving the authorizer's response to the deficiencies
in the
104.6affidavit. If the authorizer does not address deficiencies to the commissioner's satisfaction,
104.7the commissioner's disapproval is final. Failure to obtain commissioner approval precludes
104.8an authorizer from chartering the school that is the subject of this affidavit.
104.9 (c)
new text begin (e)new text end The authorizer may prevent an approved charter school from opening for
104.10operation if, among other grounds, the charter school violates this section or does
not meet
104.11the ready-to-open standards that are part of the authorizer's oversight and evaluation
104.12process or are stipulated in the charter school contract.
104.13 (d)
new text begin (f)new text end The operators authorized to organize and operate a school, before entering
104.14into a contract or other agreement for professional or other services, goods, or facilities,
104.15must incorporate as a nonprofit corporation under chapter 317A and
new text begin .new text end
104.16
new text begin (g) The operators authorized to organize and operate a school, before entering into
a new text end
104.17
new text begin contract or other agreement for professional or other services, goods, or facilities,new text end must
104.18establish a board of directors composed of at least five members who are not related
parties
104.19until a timely election for members of the ongoing charter school board of directors
is
104.20held according to the school's articles and bylaws under paragraph (f)
new text begin (l)new text end . A charter school
104.21board of directors must be composed of at least five members who are not related parties.
104.22
new text begin (h)new text end Staff members employed at the school, including teachers providing instruction
104.23under a contract with a cooperative, members of the board of directors, and all parents
104.24or legal guardians of children enrolled in the school are the voters eligible to elect
the
104.25members of the school's board of directors. A charter school must notify eligible
voters of
104.26the school board election dates at least 30 days before the election.
104.27
new text begin (i)new text end Board of director meetings must comply with chapter 13D.
104.28 (e)
new text begin (j)new text end A charter school shall publish and maintain on the school's official Web site:
104.29(1) the minutes of meetings of the board of directors, and of members and committees
104.30having any board-delegated authority, for at least one calendar year from the date
104.31of publication; (2) directory information for members of the board of directors and
104.32committees having board-delegated authority; and (3) identifying and contact information
104.33for the school's authorizer. Identifying and contact information for the school's
authorizer
104.34must be included in other school materials made available to the public.
104.35
new text begin (k)new text end Upon request of an individual, the charter school must also make available in
104.36a timely fashion financial statements showing all operations and transactions affecting
105.1income, surplus, and deficit during the school's last annual accounting period; and
a
105.2balance sheet summarizing assets and liabilities on the closing date of the accounting
105.3period. A charter school also must include that same information about its authorizer
in
105.4other school materials that it makes available to the public.
105.5 (f)
new text begin (l)new text end Every charter school board member shall attend annual training throughout
105.6the member's term on the board. All new board members shall attend initial training
on
105.7the board's role and responsibilities, employment policies and practices, and financial
105.8management. A new board member who does not begin the required initial training within
105.9six months after being seated and complete that training within 12 months of being
seated
105.10on the board is automatically ineligible to continue to serve as a board member. The
105.11school shall include in its annual report the training attended by each board member
105.12during the previous year.
105.13 (g)
new text begin (m)new text end The ongoing board must be elected before the school completes its third
105.14year of operation. Board elections must be held during the school year but may not
be
105.15conducted on days when the school is closed for holidays, breaks, or vacations.
105.16
new text begin (n)new text end The charter school board of directors shall be composed of at least five nonrelated
105.17members and include: (i) at least one licensed teacher employed as a teacher at the
school
105.18or providing instruction under contract between the charter school and a cooperative;
(ii)
105.19at least one parent or legal guardian of a student enrolled in the charter school
who is not
105.20an employee of the charter school; and (iii) at least one interested community member
105.21who resides in Minnesota and is not employed by the charter school and does not have
a
105.22child enrolled in the school. The board may include a majority of teachers described
in
105.23this paragraph or parents or community members, or it may have no clear majority.
The
105.24chief financial officer and the chief administrator may only serve as ex-officio nonvoting
105.25board members. No charter school employees shall serve on the board other than teachers
105.26under item (i). Contractors providing facilities, goods, or services to a charter
school shall
105.27not serve on the board of directors of the charter school.
105.28
new text begin (o)new text end Board bylaws shall outline the process and procedures for changing the board's
105.29governance structure, consistent with chapter 317A. A board may change its governance
105.30structure only:
105.31 (1) by a majority vote of the board of directors and a majority vote of the licensed
105.32teachers employed by the school as teachers, including licensed teachers providing
105.33instruction under a contract between the school and a cooperative; and
105.34 (2) with the authorizer's approval.
105.35 Any change in board governance structure must conform with the composition of
105.36the board established under this paragraph.
106.1 (h)
new text begin (p)new text end The granting or renewal of a charter by an authorizer must not be conditioned
106.2upon the bargaining unit status of the employees of the school.
106.3 (i)
new text begin (q)new text end The granting or renewal of a charter school by an authorizer must not be
106.4contingent on the charter school being required to contract, lease, or purchase services
106.5from the authorizer.
106.6
new text begin (r)new text end Any potential contract, lease, or purchase of service from an authorizer must
106.7be disclosed to the commissioner, accepted through an open bidding process, and be
a
106.8separate contract from the charter contract. The school must document the open bidding
106.9process. An authorizer must not enter into a contract to provide management and financial
106.10services for a school that it authorizes, unless the school documents that it received
at
106.11least two competitive bids.
106.12(j)
new text begin (s)new text end A charter school may apply to the authorizer to amend the school charter to
106.13expand the operation of the school to additional grades or sites that would be students'
106.14primary enrollment site beyond those defined in the original affidavit approved by
the
106.15commissioner. After approving the school's application, the authorizer shall submit
a
106.16supplementary affidavit in the form and manner prescribed by the commissioner. The
106.17authorizer must file a supplement affidavit by October 1 to be eligible to expand
in the next
106.18school year. The supplementary affidavit must document that the school has demonstrated
106.19to the satisfaction of the authorizer the following:
106.20(1) the need for the expansion with supporting long-range enrollment projections;
106.21(2) a longitudinal record of demonstrated student academic performance and growth
106.22on statewide assessments under chapter 120B or on other academic assessments that
106.23measure longitudinal student performance and growth approved by the charter school's
106.24board of directors and agreed upon with the authorizer;
106.25(3) a history of sound school finances and a finance plan to implement the expansion
106.26in a manner to promote the school's financial sustainability; and
106.27(4) board capacity and an administrative and management plan to implement its
106.28expansion.
106.29 (k)
new text begin (t)new text end The commissioner shall have 30 business days to review and comment on the
106.30supplemental affidavit. The commissioner shall notify the authorizer in writing of
any
106.31deficiencies in the supplemental affidavit and the authorizer then has 20 business
days to
106.32address, to the commissioner's satisfaction, any deficiencies in the supplemental
affidavit.
106.33The commissioner must notify the authorizer of final approval or disapproval within
15
106.34business days after receiving the authorizer's response to the deficiencies in the
affidavit.
106.35The school may not expand grades or add sites until the commissioner has approved
the
107.1supplemental affidavit. The commissioner's approval or disapproval of a supplemental
107.2affidavit is final.
107.3 Sec. 4. Minnesota Statutes 2014, section 124D.10, subdivision 8, is amended to read:
107.4 Subd. 8.
Federal, state, and local requirements. (a) A charter school shall meet all
107.5federal, state, and local health and safety requirements applicable to school districts.
107.6 (b) A school must comply with statewide accountability requirements governing
107.7standards and assessments in chapter 120B.
107.8 (c) A school authorized by a school board may be located in any district, unless the
107.9school board of the district of the proposed location disapproves by written resolution.
107.10 (d) A charter school must be nonsectarian in its programs, admission policies,
107.11employment practices, and all other operations. An authorizer may not authorize a
charter
107.12school or program that is affiliated with a nonpublic sectarian school or a religious
107.13institution.
107.14
new text begin (e) new text end A charter school student must be released for religious instruction, consistent
107.15with section
120A.22, subdivision 12, clause (3).
107.16 (e)
new text begin (f)new text end Charter schools must not be used as a method of providing education or
107.17generating revenue for students who are being home-schooled. This paragraph does not
107.18apply to shared time aid under section
126C.19.
107.19 (f)
new text begin (g)new text end The primary focus of a charter school must be to provide a comprehensive
107.20program of instruction for at least one grade or age group from five through 18 years
of
107.21age. Instruction may be provided to people older than 18 years of age. A charter school
107.22may offer a free
new text begin or fee-based new text end preschool or prekindergarten that meets high-quality early
107.23learning instructional program standards that are aligned with Minnesota's early learning
107.24standards for children.
new text begin The hours a student is enrolled in a fee-based prekindergarten new text end
107.25
new text begin program do not generate pupil units under section 126C.05 and must not be used to
new text end
107.26
new text begin calculate general education revenue under section 126C.10. A charter school with at
least new text end
107.27
new text begin 90 percent of enrolled students who are eligible for special education services and
have new text end
107.28
new text begin a primary disability of deaf or hard-of-hearing may enroll prekindergarten pupils
with a new text end
107.29
new text begin disability under section 126C.05, subdivision 1, paragraph (a), and must comply with
the new text end
107.30
new text begin federal Individuals with Disabilities Education Act under Code of Federal Regulations,
new text end
107.31
new text begin title 34, section 300.324, subsection (2), clause (iv).new text end
107.32 (g)
new text begin (h) Except as provided in paragraph (g),new text end a charter school may not charge tuition.
107.33 (h)
new text begin (i)new text end A charter school is subject to and must comply with chapter 363A and section
107.34121A.04
.
108.1 (i)
new text begin (j)new text end Once a student is enrolled in the school, the student is considered enrolled
108.2in the school until the student formally withdraws or is expelled under the Pupil
Fair
108.3Dismissal Act in sections
121A.40 to
121A.56. A charter school is subject to and must
108.4comply with the Pupil Fair Dismissal Act, sections
121A.40 to
121A.56, and
new text begin .new text end
108.5
new text begin (k) A charter school is subject to and must comply withnew text end the Minnesota Public School
108.6Fee Law, sections
123B.34 to
123B.39.
108.7 (j)
new text begin (l)new text end A charter school is subject to the same financial audits, audit procedures, and
108.8audit requirements as a district, except as required under subdivision 6a. Audits
must be
108.9conducted in compliance with generally accepted governmental auditing standards, the
108.10federal Single Audit Act, if applicable, and section
6.65. A charter school is subject
108.11to and must comply with sections
15.054;
118A.01;
118A.02;
118A.03;
118A.04;
108.12118A.05
;
118A.06;
471.38;
471.391;
471.392; and
471.425. The audit must comply with
108.13the requirements of sections
123B.75 to
123B.83, except to the extent deviations are
108.14necessary because of the program at the school. Deviations must be approved by the
108.15commissioner and authorizer. The Department of Education, state auditor, legislative
108.16auditor, or authorizer may conduct financial, program, or compliance audits. A charter
108.17school determined to be in statutory operating debt under sections
123B.81 to
123B.83
108.18must submit a plan under section
123B.81, subdivision 4.
108.19 (k)
new text begin (m)new text end A charter school is a district for the purposes of tort liability under chapter 466.
108.20 (l)
new text begin (n)new text end A charter school must comply with chapters 13 and 13D; and sections
108.21120A.22, subdivision 7
;
121A.75; and
260B.171, subdivisions 3 and 5.
108.22 (m)
new text begin (o)new text end A charter school is subject to the Pledge of Allegiance requirement under
108.23section
121A.11, subdivision 3.
108.24 (n)
new text begin (p)new text end A charter school offering online courses or programs must comply with
108.25section
124D.095.
108.26 (o)
new text begin (q)new text end A charter school and charter school board of directors are subject to chapter
108.27181.
108.28 (p)
new text begin (r)new text end A charter school must comply with section
120A.22, subdivision 7, governing
108.29the transfer of students' educational records and sections
138.163 and
138.17 governing
108.30the management of local records.
108.31 (q)
new text begin (s)new text end A charter school that provides early childhood health and developmental
108.32screening must comply with sections
121A.16 to
121A.19.
108.33 (r)
new text begin (t)new text end A charter school that provides school-sponsored youth athletic activities
108.34must comply with section 121A.38.
108.35 (s)
new text begin (u)new text end A charter school is subject to and must comply with continuing truant
108.36notification under section
260A.03.
109.1(t)
new text begin (v)new text end A charter school must develop and implement a teacher evaluation and
109.2peer review process under section
122A.40, subdivision 8, paragraph (b), clauses (2) to
109.3(13). The teacher evaluation process in this paragraph does not create any additional
109.4employment rights for teachers.
109.5(u)
new text begin (w)new text end A charter school must adopt a policy, plan, budget, and process, consistent
109.6with section
120B.11, to review curriculum, instruction, and student achievement and
109.7strive for the world's best workforce.
109.8(v)
new text begin (x)new text end A charter school must comply with section
121A.031 governing policies on
109.9prohibited conduct.
109.10(w)
new text begin (y)new text end A charter school must comply with all pupil transportation requirements in
109.11section
123B.88, subdivision 1. A charter school must not require parents to surrender
109.12their rights to pupil transportation under section
123B.88, subdivision 2.
109.13
new text begin EFFECTIVE DATE.new text end new text begin This section is effective the day following final enactment new text end
109.14
new text begin except the provision under paragraph (g) allowing prekindergarten deaf or hard-of-hearing
new text end
109.15
new text begin pupils to enroll in a charter school is effective only if the commissioner of education
new text end
109.16
new text begin determines there is no added cost attributable to the pupil.new text end
109.17 Sec. 5. Minnesota Statutes 2014, section 124D.10, subdivision 12, is amended to read:
109.18 Subd. 12.
Pupils with a disability. A charter school must comply with sections
109.19125A.02
,
125A.03 to
125A.24, and
125A.65new text begin , and 125A.75new text end and rules relating to the
109.20education of pupils with a disability as though it were a district.
new text begin A charter school enrolling new text end
109.21
new text begin prekindergarten pupils with a disability under subdivision 8, paragraph (g), must
comply new text end
109.22
new text begin with sections 125A.259 to 125A.48 and rules relating to the Interagency Early Intervention
new text end
109.23
new text begin System as though it were a school district.new text end
109.24
new text begin EFFECTIVE DATE.new text end new text begin This section is effective for fiscal year 2016 and later.new text end
109.25 Sec. 6. Minnesota Statutes 2014, section 124D.10, subdivision 14, is amended to read:
109.26 Subd. 14.
Annual public reports. (a) A charter school must publish an annual
109.27report approved by the board of directors. The annual report must at least include
109.28information on school enrollment, student attrition, governance and management, staffing,
109.29finances, academic performance, innovative practices and implementation, and future
109.30plans.
new text begin A charter school may combine this report with the reporting required under section
new text end
109.31
new text begin 120B.11. new text end A charter school must post the annual report on the school's official Web site. A
109.32charter school must also distribute the annual report by publication, mail, or electronic
110.1means to its authorizer, school employees, and parents and legal guardians of students
110.2enrolled in the charter school. The reports are public data under chapter 13.
110.3 (b) The commissioner shall establish specifications for an authorizer's annual public
110.4report that is part of the system to evaluate authorizer performance under subdivision
110.53, paragraph (h). The report shall at least include key indicators of school academic,
110.6operational, and financial performance.
110.7 Sec. 7. Minnesota Statutes 2014, section 124D.10, is amended by adding a subdivision
110.8to read:
110.9
new text begin Subd. 24a.new text end new text begin Merger.new text end new text begin (a) Two or more charter schools may merge under chapter new text end
110.10
new text begin 317A. The effective date of a merger must be July 1. The merged school must continue
new text end
110.11
new text begin under the identity of one of the merging schools. A new charter contract under subdivision
new text end
110.12
new text begin 6 must be executed by July 1. The authorizer must submit to the commissioner a copy
of new text end
110.13
new text begin the new signed charter contract within ten business days of its execution.new text end
110.14
new text begin (b) Each merging school must submit a separate year-end report for the previous year
new text end
110.15
new text begin for that school only. After the final fiscal year of the premerger schools is closed
out, the new text end
110.16
new text begin fund balances and debts from the merging schools must be transferred to the merged
school.new text end
110.17
new text begin (c) For its first year of operation, the merged school is eligible to receive aid
from new text end
110.18
new text begin programs requiring approved applications equal to the sum of the aid of all of the
merging new text end
110.19
new text begin schools. For aids based on prior year data, the merged school is eligible to receive
aid for new text end
110.20
new text begin its first year of operation based on the combined data of all of the merging schools.new text end
110.21 Sec. 8. Minnesota Statutes 2014, section 124D.11, subdivision 9, is amended to read:
110.22 Subd. 9.
Payment of aids to charter schools. (a) Notwithstanding section
110.23127A.45, subdivision 3
, if the current year aid payment percentage under section
110.24127A.45, subdivision 2
, paragraph (d), is 90 or greater, aid payments for the current
110.25fiscal year to a charter school shall be of an equal amount on each of the 24 payment
110.26dates. Notwithstanding section
127A.45, subdivision 3, if the current year aid payment
110.27percentage under section
127A.45, subdivision 2, paragraph (d), is less than 90, aid
110.28payments for the current fiscal year to a charter school shall be of an equal amount
on
110.29each of the 16 payment dates in July through February.
110.30(b) Notwithstanding paragraph (a) and section
127A.45, for a charter school ceasing
110.31operation on or prior to June 30 of a school year, for the payment periods occurring
after
110.32the school ceases serving students, the commissioner shall withhold the estimated
state aid
110.33owed the school. The charter school board of directors and authorizer must submit
to the
110.34commissioner a closure plan under chapter 308A or 317A, and financial information
about
111.1the school's liabilities and assets. After receiving the closure plan, financial information,
111.2an audit of pupil counts, documentation of lease expenditures, and monitoring of special
111.3education expenditures, the commissioner may release cash withheld and may continue
111.4regular payments up to the current year payment percentages if further amounts are
111.5owed. If, based on audits and monitoring, the school received state aid in excess
of the
111.6amount owed, the commissioner shall retain aid withheld sufficient to eliminate the
aid
111.7overpayment. For a charter school ceasing operations prior to, or at the end of, a
school
111.8year, notwithstanding section
127A.45, subdivision 3, preliminary final payments may
111.9be made after receiving the closure plan, audit of pupil counts, monitoring of special
111.10education expenditures, documentation of lease expenditures, and school submission
of
111.11Uniform Financial Accounting and Reporting Standards (UFARS) financial data for the
111.12final year of operation. Final payment may be made upon receipt of audited financial
111.13statements under section
123B.77, subdivision 3.
111.14(c) If a charter school fails to comply with the commissioner's directive to return,
111.15for cause, federal or state funds administered by the department, the commissioner
may
111.16withhold an amount of state aid sufficient to satisfy the directive.
111.17(d) If, within the timeline under section
471.425, a charter school fails to pay the state
111.18of Minnesota, a school district, intermediate school district, or service cooperative
after
111.19receiving an undisputed invoice for goods and services, the commissioner may withhold
111.20an amount of state aid sufficient to satisfy the claim and shall distribute the withheld
111.21aid to the interested state agency, school district, intermediate school district,
or service
111.22cooperative. An interested state agency, school district, intermediate school district,
or
111.23education cooperative shall notify the commissioner when a charter school fails to
pay an
111.24undisputed invoice within 75 business days of when it received the original invoice.
111.25(e) Notwithstanding section
127A.45, subdivision 3, and paragraph (a), 80 percent
111.26of the start-up cost aid under subdivision 8 shall be paid within 45 days after the
first day
111.27of student attendance for that school year.
111.28(f)
new text begin (e)new text end In order to receive state aid payments under this subdivision, a charter school
111.29in its first three years of operation must submit a school calendar in the form and
manner
111.30requested by the department and a quarterly report to the Department of Education.
The
111.31report must list each student by grade, show the student's start and end dates, if
any,
111.32with the charter school, and for any student participating in a learning year program,
111.33the report must list the hours and times of learning year activities. The report must
be
111.34submitted not more than two weeks after the end of the calendar quarter to the department.
111.35The department must develop a Web-based reporting form for charter schools to use
111.36when submitting enrollment reports. A charter school in its fourth and subsequent
year of
112.1operation must submit a school calendar and enrollment information to the department
in
112.2the form and manner requested by the department.
112.3(g)
new text begin (f)new text end Notwithstanding sections
317A.701 to
317A.791, upon closure of a charter
112.4school and satisfaction of creditors, cash and investment balances remaining shall
be
112.5returned to the state.
112.6(h)
new text begin (g)new text end A charter school must have a valid, signed contract under section
124D.10,
112.7subdivision 6, on file at the Department of Education at least 15 days prior to the
date of
112.8first payment of state aid for the fiscal year.
112.9(i)
new text begin (h)new text end State aid entitlements shall be computed for a charter school only for the
112.10portion of a school year for which it has a valid, signed contract under section
124D.10,
112.11subdivision 6.
112.12 Sec. 9.
new text begin APPROPRIATIONS.new text end
112.13
new text begin Subdivision 1.new text end new text begin Department.new text end new text begin The sums indicated in this section are appropriated new text end
112.14
new text begin from the general fund to the Department of Education for the fiscal years designated.new text end
112.15
new text begin Subd. 2.new text end new text begin Charter school building lease aid.new text end new text begin For building lease aid under Minnesota new text end
112.16
new text begin Statutes, section 124D.11, subdivision 4: new text end
112.17
new text begin $new text end
new text begin 66,787,000new text end
new text begin .....new text end
new text begin 2016new text end
112.18
new text begin $new text end
new text begin 73,603,000new text end
new text begin .....new text end
new text begin 2017new text end
112.19
new text begin The 2016 appropriation includes $6,032,000 for 2015 and $60,755,000 for 2016.new text end
112.20
new text begin The 2017 appropriation includes $6,750,000 for 2016 and $66,853,000 for 2017.new text end
112.21 Sec. 10.
new text begin REVISOR'S INSTRUCTION.new text end
112.22
new text begin The revisor of statutes shall renumber the provisions of Minnesota Statutes listed
new text end
112.23
new text begin in column A to the references listed in column B. The revisor of statutes may alter
the new text end
112.24
new text begin renumbering to incorporate statutory changes made during the 2015 regular legislative
new text end
112.25
new text begin session. The revisor shall also make necessary cross-reference changes in Minnesota
new text end
112.26
new text begin Statutes and Minnesota Rules consistent with the renumbering in this instruction and
the new text end
112.27
new text begin relettering of paragraphs in sections 1 to 8.new text end
112.28
new text begin Column Anew text end
new text begin Column Bnew text end
112.29
new text begin 124D.10, subd. 1, paragraph (a)new text end
new text begin 124E.01, subd. 1new text end
112.30
new text begin 124D.10, subd. 1, paragraph (b)new text end
new text begin 124E.06, subd. 3, paragraph (d)new text end
112.31
new text begin 124D.10, subd. 1, paragraph (c)new text end
new text begin 124E.06, subd. 1, paragraph (b)new text end
112.32
new text begin 124D.10, subd. 2new text end
new text begin 124E.01, subd. 2new text end
112.33
new text begin 124D.10, subd. 3, paragraph (a)new text end
new text begin 124E.02, paragraph (a)new text end
112.34
new text begin 124D.10, subd. 3, paragraph (b)new text end
new text begin 124E.05, subd. 1new text end
113.1
new text begin 124D.10, subd. 3, paragraph (c)new text end
new text begin 124E.05, subd. 2, paragraph (a)new text end
113.2
new text begin 124D.10, subd. 3, paragraph (d)new text end
new text begin 124E.05, subd. 3, paragraph (a)new text end
113.3
new text begin 124D.10, subd. 3, paragraph (e)new text end
new text begin 124E.05, subd. 4new text end
113.4
new text begin 124D.10, subd. 3, paragraph (f)new text end
new text begin 124E.05, subd. 3, paragraph (b)new text end
113.5
new text begin 124D.10, subd. 3, paragraph (g)new text end
new text begin 124E.05, subd. 7new text end
113.6
new text begin 124D.10, subd. 3, paragraph (h)new text end
new text begin 124E.05, subd. 2, paragraph (b)new text end
113.7
new text begin 124D.10, subd. 3, paragraph (i)new text end
new text begin 124E.05, subd. 5new text end
113.8
new text begin 124D.10, subd. 3, paragraph (j)new text end
new text begin 124E.05, subd. 6, paragraph (a)new text end
113.9
new text begin 124D.10, subd. 3, paragraph (k)new text end
new text begin 124E.05, subd. 6, paragraph (b)new text end
113.10
new text begin 124D.10, subd. 4, paragraph (a)new text end
new text begin 124E.06, subd. 1, paragraph (a)new text end
113.11
new text begin 124D.10, subd. 4, paragraph (b)new text end
new text begin 124E.06, subd. 2, paragraph (a)new text end
113.12
new text begin 124D.10, subd. 4, paragraph (c)new text end
new text begin 124E.06, subd. 2, paragraph (c)new text end
113.13
new text begin 124D.10, subd. 4, paragraph (d)new text end
new text begin 124E.06, subd. 4new text end
113.14
new text begin 124D.10, subd. 4, paragraph (e)new text end
new text begin 124E.06, subd. 3, paragraph (g)new text end
113.15
new text begin 124D.10, subd. 4, paragraph (f)new text end
new text begin 124E.06, subd. 2, paragraph (b)new text end
113.16
new text begin 124D.10, subd. 4, paragraph (g)new text end
new text begin 124E.07, subd. 1new text end
113.17
new text begin 124D.10, subd. 4, paragraph (h)new text end
new text begin 124E.07, subd. 5new text end
113.18
new text begin 124D.10, subd. 4, paragraph (i)new text end
new text begin 124E.07, subd. 8, paragraph (a)new text end
113.19
new text begin 124D.10, subd. 4, paragraph (j)new text end
new text begin 124E.07, subd. 8, paragraph (b)new text end
113.20
new text begin 124D.10, subd. 4, paragraph (k)new text end
new text begin 124E.17, subd. 2new text end
113.21
new text begin 124D.10, subd. 4, paragraph (l)new text end
new text begin 124E.07, subd. 7new text end
113.22
new text begin 124D.10, subd. 4, paragraph (m)new text end
new text begin 124E.07, subd. 2new text end
113.23
new text begin 124D.10, subd. 4, paragraph (n)new text end
new text begin 124E.07, subd. 3, paragraph (a)new text end
113.24
new text begin 124D.10, subd. 4, paragraph (o)new text end
new text begin 124E.07, subd. 4new text end
113.25
new text begin 124D.10, subd. 4, paragraph (p)new text end
new text begin 124E.10, subd. 2, paragraph (c)new text end
113.26
new text begin 124D.10, subd. 4, paragraph (q)new text end
new text begin 124E.10, subd. 2, paragraph (b)new text end
113.27
new text begin 124D.10, subd. 4, paragraph (r)new text end
new text begin 124E.10, subd. 2, paragraph (a)new text end
113.28
new text begin 124D.10, subd. 4, paragraph (s)new text end
new text begin 124E.06, subd. 5, paragraph (a)new text end
113.29
new text begin 124D.10, subd. 4, paragraph (t)new text end
new text begin 124E.06, subd. 5, paragraph (b)new text end
113.30
new text begin 124D.10, subd. 4a, paragraph (a)new text end
new text begin 124E.07, subd. 3, paragraph (b)new text end
113.31
new text begin 124D.10, subd. 4a, paragraph (b)new text end
new text begin 124E.14, paragraph (a)new text end
113.32
new text begin 124D.10, subd. 4a, paragraph (c)new text end
new text begin 124E.07, subd. 3, paragraph (c)new text end
113.33
new text begin 124D.10, subd. 4a, paragraph (d)new text end
new text begin 124E.07, subd. 3, paragraph (d)new text end
113.34
new text begin 124D.10, subd. 4a, paragraph (e)new text end
new text begin 124E.14, paragraph (b)new text end
113.35
new text begin 124D.10, subd. 4a, paragraph (f)new text end
new text begin 124E.14, paragraph (c)new text end
113.36
new text begin 124D.10, subd. 5new text end
new text begin 124E.06, subd. 6new text end
113.37
new text begin 124D.10, subd. 6new text end
new text begin 124E.10, subd. 1, paragraph (a)new text end
113.38
113.39
new text begin 124D.10, subd. 6anew text end
new text begin 124E.16, subd. 1, paragraphs (b) to new text end
new text begin (e)new text end
113.40
new text begin 124D.10, subd. 7new text end
new text begin 124E.03, subd. 1new text end
113.41
new text begin 124D.10, subd. 8, paragraph (a)new text end
new text begin 124E.03, subd. 2, paragraph (a)new text end
113.42
new text begin 124D.10, subd. 8, paragraph (b)new text end
new text begin 124E.03, subd. 2, paragraph (b)new text end
113.43
new text begin 124D.10, subd. 8, paragraph (c)new text end
new text begin 124E.06, subd. 3, paragraph (e)new text end
113.44
new text begin 124D.10, subd. 8, paragraph (d)new text end
new text begin 124E.06, subd. 3, paragraph (b)new text end
114.1
new text begin 124D.10, subd. 8, paragraph (e)new text end
new text begin 124E.03, subd. 4, paragraph (a)new text end
114.2
new text begin 124D.10, subd. 8, paragraph (f)new text end
new text begin 124E.06, subd. 3, paragraph (c)new text end
114.3
new text begin 124D.10, subd. 8, paragraph (g)new text end
new text begin 124E.06, subd. 3, paragraph (a)new text end
114.4
new text begin 124D.10, subd. 8, paragraph (h)new text end
new text begin 124E.06, subd. 3, paragraph (f)new text end
114.5
new text begin 124D.10, subd. 8, paragraph (i)new text end
new text begin 124E.03, subd. 4, paragraph (b)new text end
114.6
new text begin 124D.10, subd. 8, paragraph (j)new text end
new text begin 124E.11, paragraph (g)new text end
114.7
new text begin 124D.10, subd. 8, paragraph (k)new text end
new text begin 124E.03, subd. 2, paragraph (c)new text end
114.8
new text begin 124D.10, subd. 8, paragraph (l)new text end
new text begin 124E.16, subd. 1, paragraph (a)new text end
114.9
new text begin 124D.10, subd. 8, paragraph (m)new text end
new text begin 124E.03, subd. 2, paragraph (d)new text end
114.10
new text begin 124D.10, subd. 8, paragraph (n)new text end
new text begin 124E.03, subd. 5, paragraph (a)new text end
114.11
new text begin 124D.10, subd. 8, paragraph (o)new text end
new text begin 124E.03, subd. 2, paragraph (e)new text end
114.12
new text begin 124D.10, subd. 8, paragraph (p)new text end
new text begin 124E.03, subd. 7, paragraph (a)new text end
114.13
new text begin 124D.10, subd. 8, paragraph (q)new text end
new text begin 124E.03, subd. 2, paragraph (f)new text end
114.14
new text begin 124D.10, subd. 8, paragraph (r)new text end
new text begin 124E.03, subd. 5, paragraph (b)new text end
114.15
new text begin 124D.10, subd. 8, paragraph (s)new text end
new text begin 124E.03, subd. 7, paragraph (b)new text end
114.16
new text begin 124D.10, subd. 8, paragraph (t)new text end
new text begin 124E.03, subd. 7, paragraph (c)new text end
114.17
new text begin 124D.10, subd. 8, paragraph (u)new text end
new text begin 124E.03, subd. 2, paragraph (g)new text end
114.18
new text begin 124D.10, subd. 8, paragraph (v)new text end
new text begin 124E.03, subd. 2, paragraph (h)new text end
114.19
new text begin 124D.10, subd. 8, paragraph (w)new text end
new text begin 124E.03, subd. 2, paragraph (i)new text end
114.20
new text begin 124D.10, subd. 8, paragraph (x)new text end
new text begin 124E.03, subd. 4, paragraph (c)new text end
114.21
new text begin 124D.10, subd. 8, paragraph (y)new text end
new text begin 124E.15, paragraph (a)new text end
114.22
new text begin 124D.10, subd. 8anew text end
new text begin 124E.25, subd. 3, paragraph (a)new text end
114.23
new text begin 124D.10, subd. 8bnew text end
new text begin 124E.25, subd. 3, paragraph (b)new text end
114.24
new text begin 124D.10, subd. 9new text end
new text begin 124E.11, paragraphs (a) to (f)new text end
114.25
new text begin 124D.10, subd. 10new text end
new text begin 124E.10, subd. 1, paragraph (b)new text end
114.26
new text begin 124D.10, subd. 11, paragraph (a)new text end
new text begin 124E.12, subd. 1new text end
114.27
new text begin 124D.10, subd. 11, paragraph (b)new text end
new text begin 124E.12, subd. 2new text end
114.28
new text begin 124D.10, subd. 11, paragraph (c)new text end
new text begin 124E.07, subd. 6new text end
114.29
new text begin 124D.10, subd. 11, paragraph (d)new text end
new text begin 124E.12, subd. 5new text end
114.30
new text begin 124D.10, subd. 12new text end
new text begin 124E.03, subd. 3new text end
114.31
new text begin 124D.10, subd. 13new text end
new text begin 124E.03, subd. 6new text end
114.32
new text begin 124D.10, subd. 14new text end
new text begin 124E.16, subd. 2new text end
114.33
114.34
new text begin 124D.10, subd. 15, paragraphs (a) new text end
new text begin to (e)new text end
new text begin 124E.10, subd. 3, paragraphs (a) to new text end
new text begin (e)new text end
114.35
new text begin 124D.10, subd. 15, paragraph (f)new text end
new text begin 124E.05, subd. 8new text end
114.36
new text begin 124D.10, subd. 16new text end
new text begin 124E.15, paragraphs (b) to (d)new text end
114.37
new text begin 124D.10, subd. 17new text end
new text begin 124E.13, subd. 1new text end
114.38
new text begin 124D.10, subd. 17anew text end
new text begin 124E.13, subd. 3new text end
114.39
new text begin 124D.10, subd. 17bnew text end
new text begin 124E.13, subd. 4new text end
114.40
new text begin 124D.10, subd. 19new text end
new text begin 124E.17, subd. 1new text end
114.41
new text begin 124D.10, subd. 20new text end
new text begin 124E.12, subd. 6new text end
114.42
new text begin 124D.10, subd. 21new text end
new text begin 124E.12, subd. 3new text end
114.43
new text begin 124D.10, subd. 22new text end
new text begin 124E.12, subd. 4new text end
115.1
115.2
new text begin 124D.10, subd. 23, paragraphs (a) new text end
new text begin and (b)new text end
new text begin 124E.10, subd. 4, paragraphs (a) and new text end
new text begin (b)new text end
115.3
new text begin 124D.10, subd. 23, paragraph (c)new text end
new text begin 124E.10, subd. 5new text end
115.4
new text begin 124D.10, subd. 23, paragraph (d)new text end
new text begin 124E.10, subd. 4, paragraph (c)new text end
115.5
new text begin 124D.10, subd. 23a, paragraph (a)new text end
new text begin 124E.13, subd. 2, paragraph (a)new text end
115.6
new text begin 124D.10, subd. 23a, paragraph (b)new text end
new text begin 124E.02, paragraph (b)new text end
115.7
new text begin 124D.10, subd. 23a, paragraph (c)new text end
new text begin 124E.13, subd. 2, paragraph (b)new text end
115.8
new text begin 124D.10, subd. 23a, paragraph (d)new text end
new text begin 124E.13, subd. 2, paragraph (c)new text end
115.9
new text begin 124D.10, subd. 24new text end
new text begin 124E.10, subd. 6new text end
115.10
new text begin 124D.10, subd. 25new text end
new text begin 124E.09new text end
115.11
new text begin 124D.10, subd. 27new text end
new text begin 124E.08new text end
115.12
new text begin 124D.11, subd. 1new text end
new text begin 124E.20, subd.1new text end
115.13
new text begin 124D.11, subd. 2new text end
new text begin 124E.23new text end
115.14
new text begin 124D.11, subd. 3new text end
new text begin 124E.20, subd. 2new text end
115.15
new text begin 124D.11, subd. 4new text end
new text begin 124E.22new text end
115.16
new text begin 124D.11, subd. 5new text end
new text begin 124E.21new text end
115.17
new text begin 124D.11, subd. 6new text end
new text begin 124E.24new text end
115.18
new text begin 124D.11, subd. 7new text end
new text begin 124E.26new text end
115.19
new text begin 124D.11, subd. 9, paragraph (a)new text end
new text begin 124E.25, subd. 1, paragraph (a)new text end
115.20
new text begin 124D.11, subd. 9, paragraph (b)new text end
new text begin 124E.25, subd. 1, paragraph (b)new text end
115.21
new text begin 124D.11, subd. 9, paragraph (c)new text end
new text begin 124E.25, subd. 4, paragraph (a)new text end
115.22
new text begin 124D.11, subd. 9, paragraph (d)new text end
new text begin 124E.25, subd. 4, paragraph (b)new text end
115.23
new text begin 124D.11, subd. 9, paragraph (e)new text end
new text begin 124E.25, subd. 2, paragraph (a)new text end
115.24
new text begin 124D.11, subd. 9, paragraph (f)new text end
new text begin 124E.25, subd. 1, paragraph (c)new text end
115.25
new text begin 124D.11, subd. 9, paragraph (g)new text end
new text begin 124E.25, subd. 2, paragraph (b)new text end
115.26
new text begin 124D.11, subd. 9, paragraph (h)new text end
new text begin 124E.25, subd. 2, paragraph (c)new text end
115.27
ARTICLE 5
115.28
SPECIAL EDUCATION
115.29 Section 1. Minnesota Statutes 2014, section 122A.31, subdivision 1, is amended to read:
115.30 Subdivision 1.
Requirements for American sign language/English interpreters.
115.31(a) In addition to any other requirements that a school district establishes, any
person
115.32employed to provide American sign language/English interpreting or sign transliterating
115.33services on a full-time or part-time basis for a school district after July 1, 2000,
must:
115.34(1) hold current interpreter and transliterator certificates awarded by the Registry
115.35of Interpreters for the Deaf (RID), or the general level interpreter proficiency certificate
115.36awarded by the National Association of the Deaf (NAD), or a comparable state
115.37certification from the commissioner of education; and
115.38(2) satisfactorily complete an interpreter/transliterator training program affiliated
115.39with an accredited educational institution.
116.1(b) New graduates of an interpreter/transliterator program affiliated with an
116.2accredited education institution shall be granted a two-year provisional certificate
by
116.3the commissioner. During the two-year provisional period, the interpreter/transliterator
116.4must develop and implement an education plan in collaboration with a mentor under
116.5paragraph (c).
116.6(c) A mentor of a provisionally certified interpreter/transliterator must be an
116.7interpreter/transliterator who has either NAD level IV or V certification or RID
116.8certified interpreter and certified transliterator certification and have at least
three
116.9years interpreting/transliterating experience in any educational setting. The mentor,
in
116.10collaboration with the provisionally certified interpreter/transliterator, shall develop
and
116.11implement an education plan designed to meet the requirements of paragraph (a), clause
116.12(1), and include a weekly on-site mentoring process.
116.13(d) Consistent with the requirements of this paragraph, a person holding a
116.14provisional certificate may apply to the commissioner for one time-limited extension.
116.15The commissioner, in consultation with the Commission of Deaf, DeafBlind and
116.16Hard-of-Hearing Minnesotans, must grant the person a time-limited extension of the
116.17provisional certificate based on the following documentation:
116.18(1) letters of support from the person's mentor, a parent of a pupil the person serves,
116.19the special education director of the district in which the person is employed, and
a
116.20representative from the regional service center of the deaf and hard-of-hearing;
116.21(2) records of the person's formal education, training, experience, and progress on
116.22the person's education plan; and
116.23(3) an explanation of why the extension is needed.
116.24As a condition of receiving the extension, the person must comply with a plan
116.25and the accompanying time line for meeting the requirements of this subdivision. A
116.26committee composed of the director of the Minnesota Resource Center Serving Deaf and
116.27Hard-of-Hearing, or the director's designee
new text begin deaf and hard-of-hearing state specialistnew text end , a
116.28representative of the Minnesota Association of Deaf Citizens, a representative of
the
116.29Minnesota Registry of Interpreters of the Deaf, and other appropriate persons selected
116.30by the commissioner must develop the plan and time line for the person receiving the
116.31extension.
116.32(e) A school district may employ only an interpreter/transliterator who has been
116.33certified under paragraph (a) or (b), or for whom a time-limited extension has been
116.34granted under paragraph (d).
116.35 Sec. 2. Minnesota Statutes 2014, section 122A.31, subdivision 2, is amended to read:
117.1 Subd. 2.
Oral or cued speech transliterators. (a) In addition to any other
117.2requirements that a school district establishes, any person employed to provide oral
117.3transliterating or cued speech transliterating services on a full-time or part-time
basis for a
117.4school district after July 1, 2000, must hold a current applicable transliterator
certificate
117.5awarded by the national certifying association or comparable state certification from
117.6the commissioner of education.
117.7(b) To provide oral or cued speech transliterator services on a full-time or part-time
117.8basis, a person employed in a school district must comply with paragraph (a). The
117.9commissioner shall grant a nonrenewable, two-year certificate to a school district
on behalf
117.10of a person who has not yet attained a current applicable transliterator certificate
under
117.11paragraph (a). A person for whom a nonrenewable, two-year certificate is issued must
117.12work under the direction of a licensed teacher who is skilled in language development
117.13of individuals who are deaf or hard-of-hearing. A person for whom a nonrenewable,
117.14two-year certificate is issued also must enroll in a state-approved training program
and
117.15demonstrate progress towards the certification required under paragraph (a) sufficient
for
117.16the person to be certified at the end of the two-year period.
117.17(c) Consistent with the requirements of this paragraph, a person holding a
117.18provisional certificate may apply to the commissioner for one time-limited extension.
The
117.19commissioner, in consultation with the Commission Serving Deaf and Hard-of-Hearing
117.20People, must grant the person a time-limited extension of the provisional certificate
based
117.21on the following documentation:
117.22(1) letters of support from the person's mentor, a parent of a pupil the person serves,
117.23the special education director of the district in which the person is employed, and
a
117.24representative from the regional service center of the deaf and hard-of-hearing;
117.25(2) records of the person's formal education, training, experience, and progress on
117.26the person's education plan; and
117.27(3) an explanation of why the extension is needed.
117.28As a condition of receiving the extension, the person must comply with a plan
117.29and the accompanying time line for meeting the requirements of this subdivision. A
117.30committee composed of the director of the Minnesota Resource Center Serving Deaf and
117.31Hard-of-Hearing, or the director's designee
new text begin deaf and hard-of-hearing state specialistnew text end , a
117.32representative of the Minnesota Association of Deaf Citizens, a representative of
the
117.33Minnesota Registry of Interpreters of the Deaf, and other appropriate persons selected
117.34by the commissioner must develop the plan and time line for the person receiving the
117.35extension.
118.1 Sec. 3. Minnesota Statutes 2014, section 123B.88, subdivision 1, is amended to read:
118.2 Subdivision 1.
Providing transportation. The board may provide for the
118.3transportation of pupils to and from school and for any other purpose. The board may
118.4also provide for the transportation of pupils to schools in other districts for grades
and
118.5departments not maintained in the district, including high school, at the expense
of the
118.6district, when funds are available therefor and if agreeable to the district to which
it is
118.7proposed to transport the pupils, for the whole or a part of the school year, as it
may
118.8deem advisable, and subject to its rules. In any district, the board must arrange
for the
118.9attendance of all pupils living two miles or more from the school, except pupils whose
118.10transportation privileges have been voluntarily surrendered under subdivision 2, or
118.11whose privileges have been revoked under section
123B.91, subdivision 1, clause (6), or
118.12123B.90, subdivision 2
. The district may provide for the transportation of or the boarding
118.13and rooming of the pupils who may be more economically and conveniently provided for
118.14by that means. Arrangements for attendance may include a requirement that parents
or
118.15guardians request transportation before it is provided. The board must provide
new text begin necessary new text end
118.16transportation to and from the home of
new text begin consistent with section 123B.92, subdivision 1, new text end
118.17
new text begin paragraph (b), clause (4), fornew text end a child with a disability not yet enrolled in kindergarten
118.18when
new text begin for the provision ofnew text end special instruction and services under sections
125A.03 to
118.19125A.24
,
125A.26 to
125A.48, and
125A.65 are provided in a location other than in
118.20the child's home.
new text begin Special instruction and services for a child with a disability not yet new text end
118.21
new text begin enrolled in kindergarten include an individualized education program team placement
new text end
118.22
new text begin in an early childhood program when that placement is necessary to address the child's
new text end
118.23
new text begin level of functioning and needs. new text end When transportation is provided, scheduling of routes,
118.24establishment of the location of bus stops, manner and method of transportation, control
118.25and discipline of school children, the determination of fees, and any other matter
relating
118.26thereto must be within the sole discretion, control, and management of the board.
The
118.27district may provide for the transportation of pupils or expend a reasonable amount
118.28for room and board of pupils whose attendance at school can more economically and
118.29conveniently be provided for by that means or who attend school in a building rented
or
118.30leased by a district within the confines of an adjacent district.
118.31 Sec. 4. Minnesota Statutes 2014, section 124D.11, subdivision 1, is amended to read:
118.32 Subdivision 1.
General education revenue. new text begin (a) new text end General education revenue must
118.33be paid to a charter school as though it were a district. The general education revenue
118.34for each adjusted pupil unit is the state average general education revenue per pupil
118.35unit, plus the referendum equalization aid allowance in the pupil's district of residence,
119.1minus an amount equal to the product of the formula allowance according to section
119.2126C.10, subdivision 2
, times .0466, calculated without declining enrollment revenue,
119.3local optional revenue, basic skills revenue, extended time revenue, pension adjustment
119.4revenue, transition revenue, and transportation sparsity revenue, plus declining enrollment
119.5revenue, basic skills revenue, extended time revenue, pension adjustment revenue,
and
119.6transition revenue as though the school were a school district. The general education
119.7revenue for each extended time pupil unit equals $4,794.
119.8
new text begin (b) Notwithstanding paragraph (a), the general education revenue for an eligible new text end
119.9
new text begin special education charter school as defined in subdivision 5a equals the sum of the
new text end
119.10
new text begin amount determined under paragraph (a) and the school's unreimbursed cost as defined
in new text end
119.11
new text begin subdivision 5a for educating students not eligible for special education services.new text end
119.12 Sec. 5. Minnesota Statutes 2014, section 124D.11, subdivision 5, is amended to read:
119.13 Subd. 5.
Special education aid. (a) Except as provided in subdivision 2, special
119.14education aid must be paid to a charter school according to section
125A.76, as though
119.15it were a school district.
119.16(b) For fiscal year 2015 and later, the special education aid paid to the charter
school
119.17shall be adjusted as follows:
119.18(1) if the charter school does not receive general education revenue on behalf of
119.19the student according to subdivision 1, the aid shall be adjusted as provided in section
119.20125A.11
; or
119.21(2) if the charter school receives general education revenue on behalf of the student
119.22according to subdivision 1, the aid shall be adjusted as provided in section
127A.47,
119.23subdivision 7
, paragraphs (b) to (d)
new text begin (e)new text end .
119.24
new text begin EFFECTIVE DATE.new text end new text begin This section is effective for fiscal year 2016 and later.new text end
119.25 Sec. 6. Minnesota Statutes 2014, section 124D.11, is amended by adding a subdivision
119.26to read:
119.27
new text begin Subd. 5a.new text end new text begin Definitions.new text end new text begin (a) For purposes of subdivision 5b, the terms in this new text end
119.28
new text begin subdivision have the meanings given.new text end
119.29
new text begin (b) "Unreimbursed costs" means the difference between the total cost of educating
new text end
119.30
new text begin students at the school and the total of state and federal aids and grants, excluding
aid under new text end
119.31
new text begin subdivision 1, paragraph (b), and subdivision 5b.new text end
119.32
new text begin (c) "Eligible special education charter school" means a charter school:new text end
119.33
new text begin (1) where the percent of students eligible for special education services equals at
new text end
119.34
new text begin least 90 percent of the charter school's total enrollment; andnew text end
120.1
new text begin (2) that submits to the commissioner a preliminary annual budget by June 15 prior
new text end
120.2
new text begin to the start of the fiscal year and a revised budget by January 15 of the current
fiscal new text end
120.3
new text begin year detailing its unreimbursed costs for educating students eligible and not eligible
for new text end
120.4
new text begin special education services.new text end
120.5
new text begin EFFECTIVE DATE.new text end new text begin This section is effective for fiscal year 2016 and later.new text end
120.6 Sec. 7. Minnesota Statutes 2014, section 124D.11, is amended by adding a subdivision
120.7to read:
120.8
new text begin Subd. 5b.new text end new text begin Special education aid for eligible special education charter schools.new text end
120.9
new text begin (a) Notwithstanding subdivision 5, the special education aid for an eligible special
new text end
120.10
new text begin education charter school equals the sum of the school's special education aid under
new text end
120.11
new text begin subdivision 5, paragraph (a), and the school's approved unreimbursed cost for educating
new text end
120.12
new text begin students eligible for special education services.new text end
120.13
new text begin (b) The commissioner must review the budget data submitted by an eligible special
new text end
120.14
new text begin education charter school under subdivision 5a and notify the school of the approved
new text end
120.15
new text begin unreimbursed cost to be used for current aid payments within 30 days of receiving
the new text end
120.16
new text begin budget from the school.new text end
120.17
new text begin (c) For purposes of section 127A.45, subdivision 13, the aid under this subdivision
new text end
120.18
new text begin is not subject to the 97.4 percent current fiscal year special education aid entitlement
new text end
120.19
new text begin provision.new text end
120.20
new text begin (d) Final aid payments must be calculated using the actual unreimbursed costs as new text end
120.21
new text begin determined by the department based on year-end financial and student data submitted
by new text end
120.22
new text begin the charter school.new text end
120.23
new text begin EFFECTIVE DATE.new text end new text begin This section is effective for fiscal year 2016 and later.new text end
120.24 Sec. 8. Minnesota Statutes 2014, section 125A.01, is amended to read:
120.25
125A.01 DEFINITIONS.
120.26
new text begin Subdivision 1.new text end new text begin General application.new text end For purposes of this chapter, the words defined
120.27in section
120A.05 have the same meaning.
120.28
new text begin Subd. 2.new text end new text begin Dyslexia.new text end new text begin "Dyslexia" means a specific learning disability that is new text end
120.29
new text begin neurological in origin. It is characterized by difficulties with accurate or fluent
recognition new text end
120.30
new text begin of words and by poor spelling and decoding abilities. These difficulties typically
result new text end
120.31
new text begin from a deficit in the phonological component of language that is often unexpected
in new text end
120.32
new text begin relation to other cognitive abilities and the provision of effective classroom instruction.
new text end
121.1
new text begin Secondary consequences may include problems in reading comprehension and reduced new text end
121.2
new text begin reading experience that can impede the growth of vocabulary and background knowledge.new text end
121.3
new text begin Students who have a dyslexia diagnosis must meet the state and federal eligibility
new text end
121.4
new text begin criteria in order to qualify for special education services.new text end
121.5 Sec. 9. Minnesota Statutes 2014, section 125A.023, subdivision 3, is amended to read:
121.6 Subd. 3.
Definitions. For purposes of this section and section
125A.027, the
121.7following terms have the meanings given them:
121.8(a) "Health plan" means:
121.9(1) a health plan under section
62Q.01, subdivision 3;
121.10(2) a county-based purchasing plan under section
256B.692;
121.11(3) a self-insured health plan established by a local government under section
121.12471.617
; or
121.13(4) self-insured health coverage provided by the state to its employees or retirees.
121.14(b) For purposes of this section, "health plan company" means an entity that issues
121.15a health plan as defined in paragraph (a).
121.16(c) "Interagency intervention service system" means a system that coordinates
121.17services and programs required in state and federal law to meet the needs of eligible
121.18children with disabilities ages birth
new text begin threenew text end through 21, including:
121.19(1) services provided under the following programs or initiatives administered
121.20by state or local agencies:
121.21(i) the maternal and child health program under title V of the Social Security Act;
121.22(ii) the Minnesota children with special health needs program under sections
144.05
121.23and
144.07;
121.24(iii) the Individuals with Disabilities Education Act, Part B, section 619, and Part
121.25C as amended;
121.26(iv) medical assistance under title 42, chapter 7, of the Social Security Act;
121.27(v) developmental disabilities services under chapter 256B;
121.28(vi) the Head Start Act under title 42, chapter 105, of the Social Security Act;
121.29(vii) vocational rehabilitation services provided under chapters 248 and 268A and
121.30the Rehabilitation Act of 1973;
121.31(viii) Juvenile Court Act services provided under sections
260.011 to
260.91;
121.32260B.001
to
260B.446; and
260C.001 to
260C.451;
121.33(ix) Minnesota Comprehensive Children's Mental Health Act under section
245.487;
121.34(x) the community health services grants under sections
145.88 to
145.9266;
121.35(xi) the Local Public Health Act under chapter 145A; and
122.1(xii) the Vulnerable Children and Adults Act, sections
256M.60 to
256M.80;
122.2(2) service provision and funding that can be coordinated through:
122.3(i) the children's mental health collaborative under section
245.493;
122.4(ii) the family services collaborative under section
124D.23;
122.5(iii) the community transition interagency committees under section
125A.22; and
122.6(iv) the interagency early intervention committees under section
125A.259;
122.7(3) financial and other funding programs to be coordinated including medical
122.8assistance under title 42, chapter 7, of the Social Security Act, the MinnesotaCare
program
122.9under chapter 256L, Supplemental Social Security Income, Developmental Disabilities
122.10Assistance, and any other employment-related activities associated with the Social
122.11Security Administration; and services provided under a health plan in conformity with
an
122.12individual family service plan or an individualized education program or an individual
122.13interagency intervention plan; and
122.14(4) additional appropriate services that local agencies and counties provide on
122.15an individual need basis upon determining eligibility and receiving a request from
new text begin (i) new text end
122.16the interagency early intervention committee
new text begin school board or county boardnew text end and
new text begin (ii) new text end the
122.17child's parent.
122.18(d) "Children with disabilities" has the meaning given in section
125A.02.
122.19(e) A "standardized written plan" means those individual services or programs, with
122.20accompanying funding sources, available through the interagency intervention service
122.21system to an eligible child other than the services or programs described in the child's
122.22individualized education program or the child's individual family service plan.
122.23 Sec. 10. Minnesota Statutes 2014, section 125A.023, subdivision 4, is amended to read:
122.24 Subd. 4.
State Interagency Committee. (a) The commissioner of education, on
122.25behalf of the governor, shall convene an interagency committee to develop and implement
122.26a coordinated, multidisciplinary, interagency intervention service system for children
ages
122.27three to 21 with disabilities. The commissioners of commerce, education, health, human
122.28rights, human services, employment and economic development, and corrections shall
122.29each appoint two committee members from their departments; and the Association of
122.30Minnesota Counties, Minnesota School Boards Association, the Minnesota Administrators
122.31of Special Education, and the School Nurse Association of Minnesota shall each appoint
122.32one committee member. The committee shall select a chair from among its members.
122.33(b) The committee shall:
122.34(1) identify and assist in removing state and federal barriers to local coordination
of
122.35services provided to children with disabilities;
123.1(2) identify adequate, equitable, and flexible funding sources to streamline these
123.2services;
123.3(3) develop guidelines for implementing policies that ensure a comprehensive and
123.4coordinated system of all state and local agency services, including multidisciplinary
123.5assessment practices for children with disabilities ages three to 21, including:
123.6(i) develop, consistent with federal law, a standardized written plan for providing
123.7services to a child with disabilities;
123.8(ii) identify how current systems for dispute resolution can be coordinated;
123.9(iii) develop an evaluation process to measure the success of state and local
123.10interagency efforts in improving the quality and coordination of services to children
with
123.11disabilities ages three to 21; and
123.12(iv) develop guidelines to assist the governing boards of the interagency early
123.13intervention committees
new text begin school boards and county boardsnew text end in carrying out the duties
123.14assigned in section
125A.027, subdivision 1, paragraph (b); and
123.15(4) carry out other duties necessary to develop and implement within communities
123.16a coordinated, multidisciplinary, interagency intervention service system for children
123.17with disabilities.
123.18(c) The committee shall consult on an ongoing basis with the state Special Education
123.19Advisory Panel and the governor's Interagency Coordinating Council in carrying out
123.20its duties under this section, including assisting the governing
new text begin schoolnew text end boards of the
123.21interagency early intervention committees
new text begin and county boardsnew text end .
123.22 Sec. 11. Minnesota Statutes 2014, section 125A.027, is amended to read:
123.23
125A.027 INTERAGENCY EARLY INTERVENTION COMMITTEE
123.24
RESPONSIBILITIESnew text begin LOCAL AGENCY COORDINATION RESPONSIBILITIESnew text end .
123.25 Subdivision 1.
Additional dutiesnew text begin School board and county board responsibilitiesnew text end .
123.26
new text begin (a) It is the joint responsibility of school and county boards to coordinate, provide,
and new text end
123.27
new text begin pay for appropriate services and to facilitate payment for services from public and
private new text end
123.28
new text begin sources. Appropriate services for children eligible under section new text end
new text begin and receiving new text end
123.29
new text begin services from two or more public agencies of which one is the public school must be
new text end
123.30
new text begin determined in consultation with parents, physicians, and other education, medical
health, new text end
123.31
new text begin and human services providers. The services provided must conform with a standardized
new text end
123.32
new text begin written plan for each eligible child ages three to 21.new text end
123.33
new text begin (b) Appropriate services include those services listed on a child's standardized new text end
123.34
new text begin written plan. These services are those that are required to be documented on a plan
under new text end
123.35
new text begin federal and state law or rule.new text end
124.1
new text begin (c) School and county boards shall coordinate interagency services. Service new text end
124.2
new text begin responsibilities for eligible children, ages three to 21, may be established in interagency
new text end
124.3
new text begin agreements or joint powers board agreements. In addition, interagency agreements or
new text end
124.4
new text begin joint powers board agreements may be developed to establish agency responsibility
that new text end
124.5
new text begin ensures that coordinated interagency services are coordinated, provided, and paid
for and new text end
124.6
new text begin that payment is facilitated from public and private sources. School boards must provide,
new text end
124.7
new text begin pay for, and facilitate payment for special education services as required under sections
new text end
124.8
new text begin and new text end
new text begin . County boards must provide, pay for, and facilitate payment for new text end
124.9
new text begin those programs over which they have service and fiscal responsibility as referenced
in new text end
124.10
new text begin section new text end
new text begin 125A.023, subdivision 3new text end new text begin , paragraph (c), clause (1).new text end
124.11
new text begin Subd. 1a.new text end new text begin Local governance structure.new text end (a) The governing
new text begin schoolnew text end boards of
124.12the interagency early intervention committees
new text begin and county boardsnew text end are responsible for
124.13developing and implementing interagency policies and procedures to coordinate services
124.14at the local level for children with disabilities ages three to 21 under guidelines
established
124.15by the state interagency committee under section
125A.023, subdivision 4. Consistent
124.16with the requirements in this section and section
125A.023, the governing
new text begin schoolnew text end boards
124.17of the interagency early intervention committees
new text begin and county boardsnew text end may organize as a
124.18joint powers board under section
471.59 or enter into an interagency agreement that
124.19establishes a governance structure.
124.20(b) The governing board of each interagency early intervention committee as defined
124.21in section
125A.30, paragraph (a), which may include a juvenile justice professional, shall:
124.22(1) identify state and federal barriers to local coordination of services provided
to
124.23children with disabilities;
124.24(2) implement policies that ensure a comprehensive and coordinated system of all
124.25state and local agency services, including practices on multidisciplinary assessment,
124.26standardized written plans, dispute resolution, and system evaluation for children
with
124.27disabilities ages three to 21;
124.28(3) coordinate services and facilitate payment for services from public and private
124.29institutions, agencies, and health plan companies; and
124.30(4) share needed information consistent with state and federal data practices
124.31requirements.
124.32 Subd. 2.
Appropriate and necessary services. (a) Parents, physicians, other health
124.33care professionals including school nurses, and education and human services providers
124.34jointly must determine appropriate and necessary services for eligible children with
124.35disabilities ages three to 21. The services provided to the child under this section
must
124.36conform with the child's standardized written plan. The governing
new text begin schoolnew text end board of an
125.1interagency early intervention committee
new text begin or county boardnew text end must provide those services
125.2contained in a child's individualized education program and those services for which
a
125.3legal obligation exists.
new text begin Nothing in this section creates an additional right of appeal beyond new text end
125.4
new text begin the rights granted under sections 125A.091, 125A.25, and 256.045.new text end
125.5(b) Nothing in this section or section
125A.023 increases or decreases the obligation
125.6of the state, county, regional agency, local school district, or local agency or organization
125.7to pay for education, health care, or social services.
125.8(c) A health plan may not exclude any medically necessary covered service solely
125.9because the service is or could be identified in a child's individual family service
plan,
125.10individualized education program, a plan established under section 504 of the federal
125.11Rehabilitation Act of 1973, or a student's individual health plan. This paragraph
reaffirms
125.12the obligation of a health plan company to provide or pay for certain medically necessary
125.13covered services, and encourages a health plan company to coordinate this care with
any
125.14other providers of similar services. Also, a health plan company may not exclude from
a
125.15health plan any medically necessary covered service such as an assessment or physical
125.16examination solely because the resulting information may be used for an individualized
125.17education program or a standardized written plan.
125.18 Subd. 4.
Responsibilities of school and county boards. (a) It is the joint
125.19responsibility of school and county boards to coordinate, provide, and pay for appropriate
125.20services, and to facilitate payment for services from public and private sources.
125.21Appropriate service for children eligible under section
and receiving service
125.22from two or more public agencies of which one is the public school must be determined
in
125.23consultation with parents, physicians, and other education, medical health, and human
125.24services providers. The services provided must be in conformity with a standardized
125.25written plan for each eligible child ages 3 to 21.
125.26(b) Appropriate services include those services listed on a child's standardized
125.27written plan. These services are those that are required to be documented on a plan
under
125.28federal and state law or rule.
125.29(c) School and county boards shall coordinate interagency services. Service
125.30responsibilities for eligible children, ages 3 to 21, may be established in interagency
125.31agreements or joint powers board agreements. In addition, interagency agreements or
joint
125.32powers board agreements may be developed to establish agency responsibility that assures
125.33that coordinated interagency services are coordinated, provided, and paid for, and
that
125.34payment is facilitated from public and private sources. School boards must provide,
125.35pay for, and facilitate payment for special education services as required under sections
125.36and
. County boards must provide, pay for, and facilitate payment for
126.1those programs over which they have service and fiscal responsibility as referenced
in
126.2section
125A.023, subdivision 3, paragraph (c), clause (1).
126.3 Sec. 12. Minnesota Statutes 2014, section 125A.08, is amended to read:
126.4
125A.08 INDIVIDUALIZED EDUCATION PROGRAMS.
126.5(a) At the beginning of each school year, each school district shall have in effect,
for
126.6each child with a disability, an individualized education program.
126.7(b) As defined in this section, every district must ensure the following:
126.8(1) all students with disabilities are provided the special instruction and services
126.9which are appropriate to their needs. Where the individualized education program team
126.10has determined appropriate goals and objectives based on the student's needs, including
126.11the extent to which the student can be included in the least restrictive environment,
126.12and where there are essentially equivalent and effective instruction, related services,
or
126.13assistive technology devices available to meet the student's needs, cost to the district
may
126.14be among the factors considered by the team in choosing how to provide the appropriate
126.15services, instruction, or devices that are to be made part of the student's individualized
126.16education program. The individualized education program team shall consider and
126.17may authorize services covered by medical assistance according to section
256B.0625,
126.18subdivision 26
. The student's needs and the special education instruction and services to
126.19be provided must be agreed upon through the development of an individualized education
126.20program. The program must address the student's need to develop skills to live and
126.21work as independently as possible within the community. The individualized education
126.22program team must consider positive behavioral interventions, strategies, and supports
126.23that address behavior
new text begin needs new text end for children with attention deficit disorder or attention deficit
126.24hyperactivity disorder. During grade 9, the program must address the student's needs for
126.25transition from secondary services to postsecondary education and training, employment,
126.26community participation, recreation, and leisure and home living. In developing the
126.27program, districts must inform parents of the full range of transitional goals and
related
126.28services that should be considered. The program must include a statement of the needed
126.29transition services, including a statement of the interagency responsibilities or
linkages or
126.30both before secondary services are concluded;
126.31(2) children with a disability under age five and their families are provided special
126.32instruction and services appropriate to the child's level of functioning and needs;
126.33(3) children with a disability and their parents or guardians are guaranteed procedural
126.34safeguards and the right to participate in decisions involving identification, assessment
127.1including assistive technology assessment, and educational placement of children with
a
127.2disability;
127.3(4) eligibility and needs of children with a disability are determined by an initial
127.4evaluation or reevaluation, which may be completed using existing data under United
127.5States Code, title 20, section 33, et seq.;
127.6(5) to the maximum extent appropriate, children with a disability, including those
127.7in public or private institutions or other care facilities, are educated with children
who
127.8are not disabled, and that special classes, separate schooling, or other removal of
children
127.9with a disability from the regular educational environment occurs only when and to
the
127.10extent that the nature or severity of the disability is such that education in regular
classes
127.11with the use of supplementary services cannot be achieved satisfactorily;
127.12(6) in accordance with recognized professional standards, testing and evaluation
127.13materials, and procedures used for the purposes of classification and placement of
children
127.14with a disability are selected and administered so as not to be racially or culturally
127.15discriminatory; and
127.16(7) the rights of the child are protected when the parents or guardians are not known
127.17or not available, or the child is a ward of the state.
127.18(c) For
new text begin all new text end paraprofessionals employed to work in programs for
new text begin whose role in part new text end
127.19
new text begin is to provide direct support tonew text end students with disabilities, the school board in each district
127.20shall ensure that:
127.21(1) before or immediately upon
new text begin beginning at the time ofnew text end employment, each
127.22paraprofessional develops
new text begin must developnew text end sufficient knowledge and skills in emergency
127.23procedures, building orientation, roles and responsibilities, confidentiality, vulnerability,
127.24and reportability, among other things, to begin meeting the needs
new text begin , especially new text end
127.25
new text begin disability-specific and behavioral needs,new text end of the students with whom the paraprofessional
127.26works;
127.27(2) annual training opportunities are available
new text begin requirednew text end to enable the paraprofessional
127.28to continue to further develop the knowledge and skills that are specific to the students
127.29with whom the paraprofessional works, including understanding disabilities,
new text begin the unique new text end
127.30
new text begin and individual needs of each student according to the student's disability and how
the new text end
127.31
new text begin disability affects the student's education and behavior, new text end following lesson plans, and
127.32implementing follow-up instructional procedures and activities; and
127.33(3) a districtwide process obligates each paraprofessional to work under the ongoing
127.34direction of a licensed teacher and, where appropriate and possible, the supervision
of a
127.35school nurse.
128.1 Sec. 13.
new text begin [125A.083] STUDENT INFORMATION SYSTEMS; TRANSFERRING new text end
128.2
new text begin RECORDS.new text end
128.3
new text begin To efficiently and effectively meet federal and state compliance and accountability
new text end
128.4
new text begin requirements using an online case management reporting system, school districts may
new text end
128.5
new text begin contract only for a student information system that is Schools Interoperability Framework
new text end
128.6
new text begin compliant and compatible with the online system for compliance reporting under section
new text end
128.7
new text begin 125A.085 beginning in the 2018-2019 school year and later. A district's information
new text end
128.8
new text begin system under this section must facilitate the seamless transfer of student records
for new text end
128.9
new text begin a student with disabilities who transfers between school districts, including records
new text end
128.10
new text begin containing the student's evaluation report, service plan, and other due process forms
and new text end
128.11
new text begin information, regardless of what information system any one district uses.new text end
128.12
new text begin EFFECTIVE DATE.new text end new text begin This section is effective the day following final enactment new text end
128.13
new text begin and applies to all district contracts with student information system vendors entered
into new text end
128.14
new text begin or modified after that date.new text end
128.15 Sec. 14. Minnesota Statutes 2014, section 125A.085, is amended to read:
128.16
125A.085 ONLINE REPORTING OF REQUIRED DATA.
128.17(a) To ensure a strong focus on outcomes for children with disabilities informs
128.18federal and state compliance and accountability requirements and to increase opportunities
128.19for special educators and related-services providers to focus on teaching children
with
128.20disabilities, the commissioner must customize a streamlined, user-friendly statewide
128.21online system, with a single model online form, for effectively and efficiently collecting
128.22and reporting required special education-related data to individuals with a legitimate
128.23educational interest and who are authorized by law to access the data.
128.24(b) The commissioner must consult with qualified experts, including information
128.25technology specialists, licensed special education teachers and directors of special
128.26education, related-services providers, third-party vendors, a designee of the commissioner
128.27of human services, parents of children with disabilities, representatives of advocacy
groups
128.28representing children with disabilities, and representatives of school districts and
special
128.29education cooperatives on integrating, field testing, customizing, and sustaining
this simple,
128.30easily accessible, efficient, and effective online data system for uniform statewide
reporting
128.31of required due process compliance data. Among other outcomes, the system must:
128.32 (1) reduce special education teachers' paperwork burden and thereby increase the
128.33teachers' opportunities to focus on teaching children;
129.1(2) to the extent authorized by chapter 13 or other applicable state or federal law
129.2governing access to and dissemination of educational records, provide for efficiently
129.3and effectively transmitting the records of all transferring children with disabilities,
129.4including highly mobile and homeless children with disabilities, among others, and
avoid
129.5fragmented service delivery;
129.6(3) address language and other barriers and disparities that prevent parents from
129.7understanding and communicating information about the needs of their children with
129.8disabilities; and
129.9(4) help continuously improve the interface among the online systems serving
129.10children with disabilities in order to maintain and reinforce the children's ability
to learn.
129.11(c) The commissioner must use the federal Office of Special Education Programs
129.12model forms for the (1) individualized education program, (2) notice of procedural
129.13safeguards, and (3) prior written notice that are consistent with Part B of IDEA to
integrate
129.14and customize a state-sponsored universal special education online case management
129.15system, consistent with the requirements of state law and this section for customizing
a
129.16statewide online reporting system. The commissioner must use a request for proposal
129.17process to contract for the technology and software needed for customizing the online
129.18system in order for the system to be fully functional, consistent with the requirements
of
129.19this section. This online system must be made available to school districts without
charge
129.20beginning in the 2015-2016 school year. For the 2015-2016 through 2017-2018
new text begin and later new text end
129.21school years, school districts may use this online system or may contract with an
outside
129.22vendor for compliance reporting. Beginning in the 2018-2019 school year and later,
129.23school districts must use this online system for compliance reporting.
129.24(d) All data on individuals maintained in the statewide reporting system are
129.25classified as provided in chapter 13 or other applicable state or federal law. An
authorized
129.26individual's ability to enter, update, or access data must be limited through the
use of
129.27role-based access codes corresponding to that individual's official duties or training
level,
129.28and the statutory authorization that grants access for a particular purpose. Any action
129.29in which data in the system are entered, updated, accessed, or shared or disseminated
129.30outside of the system must be recorded in an audit trail. The audit trail must identify
the
129.31specific user responsible for the action, the date and time the action occurred, and
the
129.32purpose for the action. Data contained in the audit trail maintain the same classification
129.33as the underlying data affected by the action, provided the responsible authority
makes
129.34the data available to a student or the student's parent upon request, and the responsible
129.35authority may access the data to audit the system's user activity and security safeguards.
129.36Before entering data on a student, the responsible authority must provide the student
or the
130.1student's parent written notice of the data practices rights and responsibilities
required
130.2by this section and a reasonable opportunity to refuse consent to have the student's
data
130.3included in the system. Upon receiving the student or the student's parent written
refusal
130.4to consent, the school district must not enter data on that student into the system
and must
130.5delete any existing data on that student currently in the system.
130.6(e) Consistent with this section, the commissioner must establish a public Internet
130.7Web interface to provide information to educators, parents, and the public about the
form
130.8and content of required special education reports, to respond to queries from educators,
130.9parents, and the public about specific aspects of special education reports and reporting,
130.10and to use the information garnered from the interface to streamline and revise special
130.11education reporting on the online system under this section. The public Internet Web
130.12interface must have a prominently linked page describing the rights and responsibilities
130.13of students and parents whose data are included in the statewide reporting system,
and
130.14include information on the data practices rights of students and parents provided
by this
130.15section and a form students or parents may use to refuse consent to have a student's
data
130.16included in the system. The public Internet Web interface must not provide access
to the
130.17educational records of any individual child.
130.18(f) The commissioner annually by February 1 must submit to the legislature a report
130.19on the status, recent changes, and sustainability of the online system under this
section.
130.20 Sec. 15. Minnesota Statutes 2014, section 125A.0942, subdivision 3, is amended to
130.21read:
130.22 Subd. 3.
Physical holding or seclusion. (a) Physical holding or seclusion may be
130.23used only in an emergency. A school that uses physical holding or seclusion shall
meet the
130.24following requirements:
130.25(1) physical holding or seclusion is the least intrusive intervention that effectively
130.26responds to the emergency;
130.27(2) physical holding or seclusion is not used to discipline a noncompliant child;
130.28(3) physical holding or seclusion ends when the threat of harm ends and the staff
130.29determines the child can safely return to the classroom or activity;
130.30(4) staff directly observes the child while physical holding or seclusion is being
used;
130.31(5) each time physical holding or seclusion is used, the staff person who implements
130.32or oversees the physical holding or seclusion documents, as soon as possible after
the
130.33incident concludes, the following information:
130.34(i) a description of the incident that led to the physical holding or seclusion;
131.1(ii) why a less restrictive measure failed or was determined by staff to be
131.2inappropriate or impractical;
131.3(iii) the time the physical holding or seclusion began and the time the child was
131.4released; and
131.5(iv) a brief record of the child's behavioral and physical status;
131.6(6) the room used for seclusion must:
131.7(i) be at least six feet by five feet;
131.8(ii) be well lit, well ventilated, adequately heated, and clean;
131.9(iii) have a window that allows staff to directly observe a child in seclusion;
131.10(iv) have tamperproof fixtures, electrical switches located immediately outside the
131.11door, and secure ceilings;
131.12(v) have doors that open out and are unlocked, locked with keyless locks that
131.13have immediate release mechanisms, or locked with locks that have immediate release
131.14mechanisms connected with a fire and emergency system; and
131.15(vi) not contain objects that a child may use to injure the child or others;
131.16(7) before using a room for seclusion, a school must:
131.17(i) receive written notice from local authorities that the room and the locking
131.18mechanisms comply with applicable building, fire, and safety codes; and
131.19(ii) register the room with the commissioner, who may view that room; and
131.20(8) until August 1, 2015, a school district may use prone restraints with children
131.21age five or older if:
131.22(i) the district has provided to the department a list of staff who have had specific
131.23training on the use of prone restraints;
131.24(ii) the district provides information on the type of training that was provided and
131.25by whom;
131.26(iii) only staff who received specific training use prone restraints;
131.27(iv) each incident of the use of prone restraints is reported to the department within
131.28five working days on a form provided by the department; and
131.29(v) the district, before using prone restraints, must review any known medical or
131.30psychological limitations that contraindicate the use of prone restraints.
131.31The department must collect data on districts' use of prone restraints and publish
the data
131.32in a readily accessible format on the department's Web site on a quarterly basis.
131.33(b) By February 1, 2015, and annually thereafter, stakeholders must
new text begin may, as new text end
131.34
new text begin necessary,new text end recommend to the commissioner specific and measurable implementation and
131.35outcome goals for reducing the use of restrictive procedures and the commissioner
must
131.36submit to the legislature a report on districts' progress in reducing the use of restrictive
132.1procedures that recommends how to further reduce these procedures and eliminate
132.2the use of prone restraints. The statewide plan includes the following components:
132.3measurable goals; the resources, training, technical assistance, mental health services,
and
132.4collaborative efforts needed to significantly reduce districts' use of prone restraints;
and
132.5recommendations to clarify and improve the law governing districts' use of restrictive
132.6procedures. The commissioner must consult with interested stakeholders when preparing
132.7the report, including representatives of advocacy organizations, special education
directors,
132.8teachers, paraprofessionals, intermediate school districts, school boards, day treatment
132.9providers, county social services, state human services department staff, mental health
132.10professionals, and autism experts. By June 30 each year, districts must report summary
132.11data on their use of restrictive procedures to the department, in a form and manner
132.12determined by the commissioner. The summary data must include information about the
132.13use of restrictive procedures, including use of reasonable force under section
121A.582.
132.14
new text begin EFFECTIVE DATE.new text end new text begin This section is effective the day following final enactment.new text end
132.15 Sec. 16. Minnesota Statutes 2014, section 125A.11, subdivision 1, is amended to read:
132.16 Subdivision 1.
Nonresident tuition rate; other costs. (a) For fiscal year 2015 and
132.17later, when a school district provides special instruction and services for a pupil
with
132.18a disability as defined in section
125A.02 outside the district of residence, excluding
132.19a pupil for whom an adjustment to special education aid is calculated according to
132.20section
127A.47, subdivision 7, paragraphs (b) to (d), special education aid paid to the
132.21resident district must be reduced by an amount equal to (1) the actual cost of providing
132.22special instruction and services to the pupil, including a proportionate amount for
special
132.23transportation and unreimbursed building lease and debt service costs for facilities
used
132.24primarily for special education, plus (2) the amount of general education revenue
and
132.25referendum equalization aid attributable to that pupil, calculated using the resident
district's
132.26average general education revenue and referendum equalization aid per adjusted pupil
132.27unit excluding basic skills revenue, elementary sparsity revenue and secondary sparsity
132.28revenue, minus (3) the amount of special education aid for children with a disability
132.29under section
125A.76 received on behalf of that child, minus (4) if the pupil receives
132.30special instruction and services outside the regular classroom for more than 60 percent
132.31of the school day, the amount of general education revenue and referendum equalization
132.32aid, excluding portions attributable to district and school administration, district
support
132.33services, operations and maintenance, capital expenditures, and pupil transportation,
132.34attributable to that pupil for the portion of time the pupil receives special instruction
132.35and services outside of the regular classroom, calculated using the resident district's
133.1average general education revenue and referendum equalization aid per adjusted pupil
unit
133.2excluding basic skills revenue, elementary sparsity revenue and secondary sparsity
revenue
133.3and the serving district's basic skills revenue, elementary sparsity revenue and secondary
133.4sparsity revenue per adjusted pupil unit. Notwithstanding clauses (1) and (4), for
pupils
133.5served by a cooperative unit without a fiscal agent school district, the general education
133.6revenue and referendum equalization aid attributable to a pupil must be calculated
using
133.7the resident district's average general education revenue and referendum equalization
aid
133.8excluding compensatory revenue, elementary sparsity revenue, and secondary sparsity
133.9revenue. Special education aid paid to the district or cooperative providing special
133.10instruction and services for the pupil must be increased by the amount of the reduction
in
133.11the aid paid to the resident district. Amounts paid to cooperatives under this subdivision
133.12and section
127A.47, subdivision 7, shall be recognized and reported as revenues and
133.13expenditures on the resident school district's books of account under sections
123B.75
133.14and
123B.76. If the resident district's special education aid is insufficient to make the full
133.15adjustment, the remaining adjustment shall be made to other state aid due to the district.
133.16 (b)
new text begin Notwithstanding paragraph (a), when a charter school receiving special education new text end
133.17
new text begin aid under section 124D.11, subdivision 5b, provides special instruction and services
for new text end
133.18
new text begin a pupil with a disability as defined in section 125A.02, excluding a pupil for whom
an new text end
133.19
new text begin adjustment to special education aid is calculated according to section 127A.46, subdivision
new text end
133.20
new text begin 7, paragraphs (b) to (e), special education aid paid to the resident district must
be reduced new text end
133.21
new text begin by an amount equal to that calculated under paragraph (a) as if the charter school
received new text end
133.22
new text begin aid under section 124D.11, subdivision 5. Notwithstanding paragraph (a), special education
new text end
133.23
new text begin aid paid to the charter school providing special instruction and services for the
pupil must new text end
133.24
new text begin not be increased by the amount of the reduction in the aid paid to the resident district.new text end
133.25
new text begin (c) new text end Notwithstanding paragraph (a) and section
127A.47, subdivision 7, paragraphs
133.26(b) to (d), a charter school where more than 30 percent of enrolled students receive
special
133.27education and related services, a site approved under section
125A.515, an intermediate
133.28district, a special education cooperative, or a school district that served as the
applicant
133.29agency for a group of school districts for federal special education aids for fiscal
year
133.302006 may apply to the commissioner for authority to charge the resident district an
133.31additional amount to recover any remaining unreimbursed costs of serving pupils with
133.32a disability. The application must include a description of the costs and the calculations
133.33used to determine the unreimbursed portion to be charged to the resident district.
Amounts
133.34approved by the commissioner under this paragraph must be included in the tuition
billings
133.35or aid adjustments under paragraph (a), or section
127A.47, subdivision 7, paragraphs
133.36(b) to (d), as applicable.
134.1 (c)
new text begin (d) new text end For purposes of this subdivision and section
127A.47, subdivision 7,
134.2paragraph (b), "general education revenue and referendum equalization aid" means
134.3the sum of the general education revenue according to section
126C.10, subdivision 1,
134.4excluding the local optional levy according to section
126C.10, subdivision 2e, paragraph
134.5(c), plus the referendum equalization aid according to section
126C.17, subdivision 7.
134.6
new text begin EFFECTIVE DATE.new text end new text begin This section is effective for fiscal year 2016 and later.new text end
134.7 Sec. 17. Minnesota Statutes 2014, section 125A.21, is amended to read:
134.8
125A.21 THIRD-PARTY PAYMENT.
134.9 Subdivision 1.
Obligation to pay. Nothing in sections
125A.03 to
125A.24 and
134.10125A.65
relieves an insurer or similar third party from an otherwise valid obligation to
134.11pay, or changes the validity of an obligation to pay, for services rendered to a child
with
134.12a disability, and the child's family. A school district shall pay the nonfederal share
of
134.13medical assistance services provided according to section
256B.0625, subdivision 26.
134.14Eligible expenditures must not be made from federal funds or funds used to match other
134.15federal funds. Any federal disallowances are the responsibility of the school district.
A
134.16school district may pay or reimburse co-payments, coinsurance, deductibles, and other
134.17enrollee cost-sharing amounts, on behalf of the student or family, in connection with
134.18health and related services provided under an individual educational plan
new text begin or individualized new text end
134.19
new text begin family service plannew text end .
134.20 Subd. 2.
Third-party reimbursement. (a) Beginning July 1, 2000, districts
134.21shall seek reimbursement from insurers and similar third parties for the cost of services
134.22provided by the district whenever the services provided by the district are otherwise
134.23covered by the child's health coverage. Districts shall request, but may not require,
the
134.24child's family to provide information about the child's health coverage when a child
with a
134.25disability begins to receive services from the district of a type that may be reimbursable,
134.26and shall request, but may not require, updated information after that as needed.
134.27(b) For children enrolled in medical assistance under chapter 256B or MinnesotaCare
134.28under chapter 256L who have no other health coverage, a district shall provide an
initial
134.29and annual written notice to the enrolled child's parent or legal representative of
its intent
134.30to seek reimbursement from medical assistance or MinnesotaCare for the individualized
134.31education program
new text begin or individualized family service plan new text end health-related services provided
134.32by the district. The initial notice must give the child's parent or legal representative
the
134.33right to request a copy of the child's education records on the health-related services
that
134.34the district provided to the child and disclosed to a third-party payer.
135.1(c) The district shall give the parent or legal representative annual written notice
of:
135.2(1) the district's intent to seek reimbursement from medical assistance or
135.3MinnesotaCare for individualized education program
new text begin or individualized family service plan new text end
135.4health-related services provided by the district;
135.5(2) the right of the parent or legal representative to request a copy of all records
135.6concerning individualized education program
new text begin or individualized family service plan new text end
135.7health-related services disclosed by the district to any third party; and
135.8(3) the right of the parent or legal representative to withdraw consent for disclosure
135.9of a child's records at any time without consequence.
135.10The written notice shall be provided as part of the written notice required by Code
of
135.11Federal Regulations, title 34, section 300.504
new text begin or 303.520new text end . The district must ensure that the
135.12parent of a child with a disability is given notice, in understandable language, of
federal and
135.13state procedural safeguards available to the parent under this paragraph and paragraph
(b).
135.14(d) In order to access the private health care coverage of a child who is covered
by
135.15private health care coverage in whole or in part, a district must:
135.16(1) obtain annual written informed consent from the parent or legal representative,
in
135.17compliance with subdivision 5; and
135.18(2) inform the parent or legal representative that a refusal to permit the district
135.19or state Medicaid agency to access their private health care coverage does not relieve
135.20the district of its responsibility to provide all services necessary to provide free
and
135.21appropriate public education at no cost to the parent or legal representative.
135.22(e) If the commissioner of human services obtains federal approval to exempt
135.23covered individualized education program
new text begin or individualized family service plan new text end
135.24health-related services from the requirement that private health care coverage refuse
135.25payment before medical assistance may be billed, paragraphs (b), (c), and (d) shall
also
135.26apply to students with a combination of private health care coverage and health care
135.27coverage through medical assistance or MinnesotaCare.
135.28(f) In the event that Congress or any federal agency or the Minnesota legislature
135.29or any state agency establishes lifetime limits, limits for any health care services,
135.30cost-sharing provisions, or otherwise provides that individualized education program
new text begin or new text end
135.31
new text begin individualized family service plan new text end health-related services impact benefits for persons
135.32enrolled in medical assistance or MinnesotaCare, the amendments to this subdivision
135.33adopted in 2002 are repealed on the effective date of any federal or state law or
regulation
135.34that imposes the limits. In that event, districts must obtain informed consent consistent
135.35with this subdivision as it existed prior to the 2002 amendments and subdivision 5,
before
136.1seeking reimbursement for children enrolled in medical assistance under chapter 256B
or
136.2MinnesotaCare under chapter 256L who have no other health care coverage.
136.3 Subd. 3.
Use of reimbursements. Of the reimbursements received, districts may:
136.4(1) retain an amount sufficient to compensate the district for its administrative
costs
136.5of obtaining reimbursements;
136.6(2) regularly obtain from education- and health-related entities training and other
136.7appropriate technical assistance designed to improve the district's ability to access
136.8third-party payments for individualized education program
new text begin or individualized family new text end
136.9
new text begin service plan new text end health-related services; or
136.10(3) reallocate reimbursements for the benefit of students with individualized
136.11education programs or individual
new text begin individualizednew text end family service plans in the district.
136.12 Subd. 4.
Parents not obligated to use health coverage. To the extent required by
136.13federal law, a school district may not require parents of children with disabilities,
if they
136.14would incur a financial cost, to use private or public health coverage to pay for
the services
136.15that must be provided under an individualized education program
new text begin or individualized new text end
136.16
new text begin family service plannew text end .
136.17 Subd. 5.
Informed consent. When obtaining informed consent, consistent with
136.18sections
13.05, subdivision 4a;
256B.77, subdivision 2, paragraph (p); and Code of
136.19Federal Regulations, title 34, parts 99 and
new text begin ,new text end 300
new text begin , and 303new text end , to bill health plans for covered
136.20services, the school district must notify the legal representative (1) that the cost
of the
136.21person's private health insurance premium may increase due to providing the covered
136.22service in the school setting, (2) that the school district may pay certain enrollee
health
136.23plan costs, including but not limited to, co-payments, coinsurance, deductibles, premium
136.24increases or other enrollee cost-sharing amounts for health and related services required
136.25by an individual service plan, or individual
new text begin individualizednew text end family service plan, and (3) that
136.26the school's billing for each type of covered service may affect service limits and
prior
136.27authorization thresholds. The informed consent may be revoked in writing at any time
136.28by the person authorizing the billing of the health plan.
136.29 Subd. 6.
District obligation to provide service. To the extent required by federal
136.30law, no school district may deny, withhold, or delay any service that must be provided
136.31under an individualized education program
new text begin or individualized family service plan new text end because
136.32a family has refused to provide informed consent to bill a health plan for services
or a
136.33health plan company has refused to pay any, all, or a portion of the cost of services
billed.
136.34 Subd. 7.
District disclosure of information. A school district may disclose
136.35information contained in a student's individualized education program, consistent
with
136.36section
13.32, subdivision 3, paragraph (a), and Code of Federal Regulations, title 34,
137.1parts 99 and
new text begin ,new text end 300
new text begin , and 303new text end ; including records of the student's diagnosis and treatment, to a
137.2health plan company only with the signed and dated consent of the student's parent,
or
137.3other legally authorized individual. The school district shall disclose only that
information
137.4necessary for the health plan company to decide matters of coverage and payment. A
137.5health plan company may use the information only for making decisions regarding
137.6coverage and payment, and for any other use permitted by law.
137.7 Sec. 18. Minnesota Statutes 2014, section 125A.28, is amended to read:
137.8
125A.28 STATE INTERAGENCY COORDINATING COUNCIL.
137.9An Interagency Coordinating Council of at least 17, but not more than 25 members is
137.10established, in compliance with Public Law 108-446, section 641. The members must
be
137.11appointed by the governor and reasonably represent the population of Minnesota. Council
137.12members must elect the council chair, who may not be a representative of the Department
137.13of Education. The council must be composed of at least five parents, including persons
137.14of color, of children with disabilities under age 12, including at least three parents
of a
137.15child with a disability under age seven, five representatives of public or private
providers
137.16of services for children with disabilities under age five, including a special education
137.17director, county social service director, local Head Start director, and a community
health
137.18services or public health nursing administrator, one member of the senate, one member
of
137.19the house of representatives, one representative of teacher preparation programs in
early
137.20childhood-special education or other preparation programs in early childhood intervention,
137.21at least one representative of advocacy organizations for children with disabilities
under
137.22age five, one physician who cares for young children with special health care needs,
one
137.23representative each from the commissioners of commerce, education, health, human
137.24services, a representative from the state agency responsible for child care, foster
care,
137.25mental health, homeless coordinator of education of homeless children and youth, and
a
137.26representative from Indian health services or a tribal council. Section
15.059, subdivisions
137.272 to 4, apply to the council. The council must meet at least quarterly.
137.28The council must address methods of implementing the state policy of developing
137.29and implementing comprehensive, coordinated, multidisciplinary interagency programs
of
137.30early intervention services for children with disabilities and their families.
137.31The duties of the council include recommending policies to ensure a comprehensive
137.32and coordinated system of all state and local agency services for children under age
five
137.33with disabilities and their families. The policies must address how to incorporate
each
137.34agency's services into a unified state and local system of multidisciplinary assessment
137.35practices, individual intervention plans, comprehensive systems to find children in
need of
138.1services, methods to improve public awareness, and assistance in determining the role
of
138.2interagency early intervention committees.
138.3On the date that Minnesota Part C Annual Performance Report is submitted to
138.4
new text begin Within 30 days of receiving the annual determination fromnew text end the federal Office of Special
138.5Education
new text begin on the Minnesota Part C Annual Performance Reportnew text end , the council must
138.6recommend to the governor and the commissioners of education, health, human services,
138.7commerce, and employment and economic development policies for a comprehensive
138.8and coordinated system.
138.9Annually, the council must prepare and submit a report to the governor and the
138.10secretary of the federal Department of Education on the status of early intervention
138.11services and programs for infants and toddlers with disabilities and their families
under
138.12the Individuals with Disabilities Education Act, United States Code, title 20, sections
138.131471 to 1485 (Part C, Public Law 102-119), as operated in Minnesota. The Minnesota
138.14Part C annual performance report may serve as the report.
138.15Notwithstanding any other law to the contrary, the State Interagency Coordinating
138.16Council does not expire unless federal law no longer requires the existence of the
council
138.17or committee.
138.18 Sec. 19. Minnesota Statutes 2014, section 125A.63, subdivision 2, is amended to read:
138.19 Subd. 2.
Programs. new text begin (a) new text end The resource centers
new text begin departmentnew text end must offer summer
138.20institutes or other training programs throughout the state for deaf or hard-of-hearing,
blind
138.21or visually impaired, and multiply disabled pupils. The resource centers
new text begin departmentnew text end must
138.22also offer workshops for teachers, and leadership development for teachers.
138.23A program
new text begin (b) Training and workshop programsnew text end offered through the resource centers
138.24
new text begin under paragraph (a)new text end must
new text begin help new text end promote and develop education programs offered by school
138.25districts or other organizations. The program
new text begin programsnew text end must assist school districts or other
138.26organizations to develop innovative programs.
138.27 Sec. 20. Minnesota Statutes 2014, section 125A.63, subdivision 3, is amended to read:
138.28 Subd. 3.
Programs by nonprofits. The resource centers
new text begin departmentnew text end may contract
138.29to have nonprofit organizations provide programs through the resource centers
new text begin under new text end
138.30
new text begin subdivision 2new text end .
138.31 Sec. 21. Minnesota Statutes 2014, section 125A.63, subdivision 4, is amended to read:
138.32 Subd. 4.
Advisory committees. (a) The commissioner shall establish an advisory
138.33committee
new text begin committeesnew text end for each resource center
new text begin the deaf and hard-of-hearing and for the new text end
139.1
new text begin blind and visually impairednew text end . The advisory committees shall develop recommendations
139.2regarding the resource centers and submit an annual report to the commissioner on the
139.3form and in the manner prescribed by the commissioner.
139.4(b) The advisory committee for the Resource Center
new text begin committeesnew text end for the deaf and
139.5hard of hearing
new text begin and for the blind and visually impairednew text end shall meet periodically at least four
139.6times per year and
new text begin each new text end submit an annual report to the commissioner, the education policy
139.7and finance committees of the legislature, and the Commission of Deaf, DeafBlind,
and
139.8Hard of Hearing
new text begin Hard-of-Hearingnew text end Minnesotans. The report
new text begin reportsnew text end must, at least:
139.9(1) identify and report the aggregate, data-based education outcomes for children
139.10with the primary disability classification of deaf and hard of hearing
new text begin or of blind and new text end
139.11
new text begin visually impairednew text end , consistent with the commissioner's child count reporting practices, the
139.12commissioner's state and local outcome data reporting system by district and region,
and
139.13the school performance report cards under section
120B.36, subdivision 1; and
139.14(2) describe the implementation of a data-based plan for improving the education
139.15outcomes of deaf and hard of hearing
new text begin or blind and visually impairednew text end children that is
139.16premised on evidence-based best practices, and provide a cost estimate for ongoing
139.17implementation of the plan.
139.18 Sec. 22. Minnesota Statutes 2014, section 125A.63, subdivision 5, is amended to read:
139.19 Subd. 5.
Statewide hearing loss early education intervention coordinator. (a)
139.20The coordinator shall:
139.21 (1) collaborate with the early hearing detection and intervention coordinator for
the
139.22Department of Health, the director of the Department of Education Resource Center for
139.23Deaf and Hard-of-Hearing
new text begin deaf and hard-of-hearing state specialistnew text end , and the Department
139.24of Health Early Hearing Detection and Intervention Advisory Council;
139.25 (2) coordinate and support Department of Education early hearing detection and
139.26intervention teams;
139.27 (3) leverage resources by serving as a liaison between interagency early intervention
139.28committees; part C coordinators from the Departments of Education, Health, and
139.29Human Services; Department of Education regional low-incidence facilitators; service
139.30coordinators from school districts; Minnesota children with special health needs in
the
139.31Department of Health; public health nurses; child find; Department of Human Services
139.32Deaf and Hard-of-Hearing Services Division; and others as appropriate;
139.33 (4) identify, support, and promote culturally appropriate and evidence-based early
139.34intervention practices for infants with hearing loss, and provide training, outreach,
and use
139.35of technology to increase consistency in statewide service provision;
140.1 (5) identify culturally appropriate specialized reliable and valid instruments to
assess
140.2and track the progress of children with hearing loss and promote their use;
140.3 (6) ensure that early childhood providers, parents, and members of the individual
140.4family service and intervention plan are provided with child progress data resulting
from
140.5specialized assessments;
140.6 (7) educate early childhood providers and teachers of the deaf and hard-of-hearing
140.7to use developmental data from specialized assessments to plan and adjust individual
140.8family service plans; and
140.9 (8) make recommendations that would improve educational outcomes to the early
140.10hearing detection and intervention committee, the commissioners of education and health,
140.11the Commission of Deaf, DeafBlind and Hard-of-Hearing Minnesotans, and the advisory
140.12council of the Minnesota Department of Education Resource Center for the deaf and
140.13hard-of-hearing.
140.14 (b) The Department of Education must provide aggregate data regarding outcomes
140.15of deaf and hard-of-hearing children who receive early intervention services within
the
140.16state in accordance with the state performance plan.
140.17 Sec. 23. Minnesota Statutes 2014, section 125A.76, subdivision 1, is amended to read:
140.18 Subdivision 1.
Definitions. (a) For the purposes of this section and section
125A.79,
140.19the definitions in this subdivision apply.
140.20 (b) "Basic revenue" has the meaning given it in section
126C.10, subdivision 2.
140.21For the purposes of computing basic revenue pursuant to this section, each child with
a
140.22disability shall be counted as prescribed in section
126C.05, subdivision 1.
140.23 (c) "Essential personnel" means teachers, cultural liaisons, related services, and
140.24support services staff providing services to students. Essential personnel may also
include
140.25special education paraprofessionals or clericals providing support to teachers and
students
140.26by preparing paperwork and making arrangements related to special education compliance
140.27requirements, including parent meetings and individualized education programs. Essential
140.28personnel does not include administrators and supervisors.
140.29 (d) "Average daily membership" has the meaning given it in section
126C.05.
140.30 (e) "Program growth factor" means
1.046 for fiscal years 2012 through 2015, 1.0
140.31for fiscal year 2016,
1.046 for fiscal year 2017, and the product of
1.046 and the program
140.32growth factor for the previous year for fiscal year 2018 and later.
140.33(f) "Nonfederal special education expenditure" means all direct expenditures that
140.34are necessary and essential to meet the district's obligation to provide special instruction
140.35and services to children with a disability according to sections
124D.454,
125A.03 to
141.1125A.24
,
125A.259 to
125A.48, and
125A.65 as submitted by the district and approved by
141.2the department under section
125A.75, subdivision 4, excluding expenditures:
141.3(1) reimbursed with federal funds;
141.4(2) reimbursed with other state aids under this chapter;
141.5(3) for general education costs of serving students with a disability;
141.6(4) for facilities;
141.7(5) for pupil transportation; and
141.8(6) for postemployment benefits.
141.9(g) "Old formula special education expenditures" means expenditures eligible for
141.10revenue under Minnesota Statutes 2012, section
125A.76, subdivision 2.
141.11 (h) For the Minnesota State Academy for the Deaf and the Minnesota State Academy
141.12for the Blind, expenditures under paragraphs (f) and (g) are limited to the salary
and
141.13fringe benefits of one-to-one instructional and behavior management aides and one-to-one
141.14licensed, certified professionals assigned to a child attending the academy, if the
aides or
141.15professionals are required by the child's individualized education program.
141.16(i) "Cross subsidy reduction aid percentage" means 1.0 percent for fiscal year 2014
141.17and
2.27 percent for fiscal year 2015.
141.18(j) "Cross subsidy reduction aid limit" means $20 for fiscal year 2014 and $48
141.19for fiscal year 2015.
141.20(k) "Special education aid increase limit" means $80 for fiscal year 2016, $100 for
141.21fiscal year 2017, and, for fiscal year 2018 and later, the sum of the special education
aid
141.22increase limit for the previous fiscal year and $40.
141.23
new text begin (l) "District" means a school district, a charter school, or a cooperative unit as
new text end
141.24
new text begin defined in section 123A.24, subdivision 2. Notwithstanding section 123A.26, cooperative
new text end
141.25
new text begin units as defined in section 123A.24, subdivision 2, are eligible to receive special
education new text end
141.26
new text begin aid under this section and section 125A.79.new text end
141.27
new text begin EFFECTIVE DATE.new text end new text begin This section is effective for fiscal year 2016 and later.new text end
141.28 Sec. 24. Minnesota Statutes 2014, section 125A.76, subdivision 2c, is amended to read:
141.29 Subd. 2c.
Special education aid. (a) For fiscal year 2014 and fiscal year 2015, a
141.30district's special education aid equals the sum of the district's special education
aid under
141.31subdivision 5, the district's cross subsidy reduction aid under subdivision 2b, and
the
141.32district's excess cost aid under section
125A.79, subdivision 7.
141.33(b) For fiscal year 2016 and later, a district's special education aid equals the
sum of
141.34the district's special education initial aid under subdivision 2a and the district's
excess cost
141.35aid under section
125A.79, subdivision 5.
142.1(c) Notwithstanding paragraph (b), for fiscal year 2016, the special education aid
for
142.2a school district must not exceed the sum of the special education aid the district
would
142.3have received for fiscal year 2016 under Minnesota Statutes 2012, sections
125A.76
142.4and
125A.79, as adjusted according to Minnesota Statutes 2012, sections
125A.11 and
142.5127A.47, subdivision 7
, and the product of the district's average daily membership served
142.6and the special education aid increase limit.
142.7(d) Notwithstanding paragraph (b), for fiscal year 2017 and later, the special education
142.8aid for a school district must not exceed the sum of: (i) the product of the district's
average
142.9daily membership served and the special education aid increase limit and (ii) the
product
142.10of the sum of the special education aid the district would have received for fiscal
year 2016
142.11under Minnesota Statutes 2012, sections
125A.76 and
125A.79, as adjusted according
142.12to Minnesota Statutes 2012, sections
125A.11 and
127A.47, subdivision 7, the ratio of
142.13the district's average daily membership served for the current fiscal year to the
district's
142.14average daily membership served for fiscal year 2016, and the program growth factor.
142.15(e) Notwithstanding paragraph (b), for fiscal year 2016 and later the special
142.16education aid for a school district, not including a charter school
new text begin or cooperative unit as new text end
142.17
new text begin defined in section 123A.24new text end , must not be less than the lesser of (1) the district's nonfederal
142.18special education expenditures for that fiscal year or (2) the product of the sum
of the
142.19special education aid the district would have received for fiscal year 2016 under
Minnesota
142.20Statutes 2012, sections
125A.76 and
125A.79, as adjusted according to Minnesota Statutes
142.212012, sections
125A.11 and
127A.47, subdivision 7, the ratio of the district's adjusted
142.22daily membership for the current fiscal year to the district's average daily membership
for
142.23fiscal year 2016, and the program growth factor.
142.24
new text begin (f) Notwithstanding subdivision 2a and section 125A.79, a charter school in its first
new text end
142.25
new text begin year of operation shall generate special education aid based on current year data.
A newly new text end
142.26
new text begin formed cooperative unit as defined in section 123A.24 may apply to the commissioner
new text end
142.27
new text begin for approval to generate special education aid for its first year of operation based
on new text end
142.28
new text begin current year data, with an offsetting adjustment to the prior year data used to calculate
aid new text end
142.29
new text begin for programs at participating school districts or previous cooperatives that were
replaced new text end
142.30
new text begin by the new cooperative.new text end
142.31 Sec. 25. Minnesota Statutes 2014, section 125A.79, subdivision 1, is amended to read:
142.32 Subdivision 1.
Definitions. For the purposes of this section, the definitions in this
142.33subdivision apply.
142.34 (a) "Unreimbursed old formula special education expenditures" means:
142.35 (1) old formula special education expenditures for the prior fiscal year; minus
143.1 (2) for fiscal years 2014 and 2015, the sum of the special education aid under section
143.2125A.76, subdivision 5
, for the prior fiscal year and the cross subsidy reduction aid under
143.3section
125A.76, subdivision 2b, and for fiscal year 2016 and later, the special education
143.4initial aid under section 125A.76, subdivision 2a; minus
143.5(3) for fiscal year 2016 and later, the amount of general education revenue, excluding
143.6local optional revenue, plus local optional aid and referendum equalization aid for
the
143.7prior fiscal year attributable to pupils receiving special instruction and services
outside the
143.8regular classroom for more than 60 percent of the school day for the portion of time
the
143.9pupils receive special instruction and services outside the regular classroom, excluding
143.10portions attributable to district and school administration, district support services,
143.11operations and maintenance, capital expenditures, and pupil transportation.
143.12(b) "Unreimbursed nonfederal special education expenditures" means:
143.13(1) nonfederal special education expenditures for the prior fiscal year; minus
143.14(2) special education initial aid under section
125A.76, subdivision 2a; minus
143.15(3) the amount of general education revenue and referendum equalization aid for the
143.16prior fiscal year attributable to pupils receiving special instruction and services
outside the
143.17regular classroom for more than 60 percent of the school day for the portion of time
the
143.18pupils receive special instruction and services outside of the regular classroom,
excluding
143.19portions attributable to district and school administration, district support services,
143.20operations and maintenance, capital expenditures, and pupil transportation.
143.21 (c) "General revenue" for a school district means the sum of the general education
143.22revenue according to section
126C.10, subdivision 1,
new text begin excluding new text end transportation sparsity
143.23revenue, local optional revenue, and total operating capital revenue. "General revenue"
143.24for a charter school means the sum of the general education revenue according to section
143.25124D.11, subdivision 1
, and transportation revenue according to section
124D.11,
143.26subdivision 2,
new text begin excluding new text end referendum equalization aid, transportation sparsity revenue, and
143.27operating capital revenue.
143.28 Sec. 26. Minnesota Statutes 2014, section 125A.79, subdivision 5, is amended to read:
143.29 Subd. 5.
Excess cost aid. For fiscal year 2016 and later, a district's excess cost
143.30aid equals the greater of:
143.31 (1) 56 percent of the difference between (i) the district's unreimbursed nonfederal
143.32special education expenditures and (ii) 7.0 percent of the
new text begin product of the ratio of $5,831 to new text end
143.33
new text begin the formula allowance for the current year and the new text end district's general revenue;
144.1 (2) 62 percent of the difference between (i) the district's unreimbursed old formula
144.2special education expenditures and (ii) 2.5 percent of the
new text begin product of the ratio of $5,831 to new text end
144.3
new text begin the formula allowance for the current year and the new text end district's general revenue; or
144.4 (3) zero.
144.5 Sec. 27. Minnesota Statutes 2014, section 127A.45, subdivision 3, is amended to read:
144.6 Subd. 3.
Payment dates and percentages. (a) The commissioner shall pay to a
144.7district on the dates indicated an amount computed as follows: the cumulative amount
144.8guaranteed minus the sum of (1) the district's other district receipts through the
current
144.9payment, and (2) the aid and credit payments through the immediately preceding payment.
144.10For purposes of this computation, the payment dates and the cumulative disbursement
144.11percentages are as follows:
144.12
Payment date
Percentage
144.13
Payment 1
July 15:
5.5
144.14
Payment 2
July 30:
8.0
144.15
Payment 3
August 15:
17.5
144.16
Payment 4
August 30:
20.0
144.17
Payment 5
September 15:
22.5
144.18
Payment 6
September 30:
25.0
144.19
Payment 7
October 15:
27.0
144.20
Payment 8
October 30:
30.0
144.21
Payment 9
November 15:
32.5
144.22
Payment 10
November 30:
36.5
144.23
Payment 11
December 15:
42.0
144.24
Payment 12
December 30:
45.0
144.25
Payment 13
January 15:
50.0
144.26
Payment 14
January 30:
54.0
144.27
Payment 15
February 15:
58.0
144.28
Payment 16
February 28:
63.0
144.29
Payment 17
March 15:
68.0
144.30
Payment 18
March 30:
74.0
144.31
Payment 19
April 15:
78.0
144.32
Payment 20
April 30:
85.0
144.33
Payment 21
May 15:
90.0
144.34
Payment 22
May 30:
95.0
144.35
Payment 23
June 20:
100.0
144.36(b) In addition to the amounts paid under paragraph (a), the commissioner shall pay
144.37to a school district or charter school on the dates indicated an amount computed as
follows:
145.1
145.2
Payment 3
August 15: the final adjustment for the prior fiscal year for the state paid
property tax credits established in section
273.1392
145.3
145.4
Payment 4
August 30: 30 percent of the final adjustment for the prior fiscal year for
all aid entitlements except state paid property tax credits
145.5
145.6
Payment 6
September 30: 40 percent of the final adjustment for the prior fiscal year
for all aid entitlements except state paid property tax credits
145.7
145.8
Payment 8
October 30: 30 percent of the final adjustment for the prior fiscal year
for all aid entitlements except state paid property tax credits
145.9(c) Notwithstanding paragraph (b), if the current year aid payment percentage
145.10under subdivision 2, paragraph (d), is less than 90, in addition to the amounts paid
under
145.11paragraph (a), the commissioner shall pay to a charter school on the dates indicated
an
145.12amount computed as follows:
145.13
145.14
Payment 1
July 15: 75 percent of the final adjustment for the prior fiscal year for
all aid entitlements
145.15
145.16
Payment 8
October 30: 25 percent of the final adjustment for the prior fiscal year
for all aid entitlements
145.17
new text begin (d) Notwithstanding paragraph (b), if a charter school is an eligible special education
new text end
145.18
new text begin charter school under section 124D.11, subdivision 5a, in addition to the amounts paid
new text end
145.19
new text begin under paragraph (a), the commissioner shall pay to a charter school on the dates indicated
new text end
145.20
new text begin an amount computed as follows:new text end
145.21
145.22
new text begin Payment 1new text end
new text begin July 15: 75 percent of the final adjustment for the prior fiscal year for new text end
new text begin all aid entitlementsnew text end
145.23
145.24
new text begin Payment 8new text end
new text begin October 30: 25 percent of the final adjustment for the prior fiscal year new text end
new text begin for all aid entitlementsnew text end
145.25 Sec. 28. Minnesota Statutes 2014, section 127A.47, subdivision 7, is amended to read:
145.26 Subd. 7.
Alternative attendance programs. (a) The general education aid and
145.27special education aid for districts must be adjusted for each pupil attending a nonresident
145.28district under sections
123A.05 to
123A.08,
124D.03,
124D.08, and
124D.68. The
145.29adjustments must be made according to this subdivision.
145.30 (b) For purposes of this subdivision, the "unreimbursed cost of providing special
145.31education and services" means the difference between: (1) the actual cost of providing
145.32special instruction and services, including special transportation and unreimbursed
building
145.33lease and debt service costs for facilities used primarily for special education,
for a pupil
145.34with a disability, as defined in section
125A.02, or a pupil, as defined in section
125A.51,
145.35who is enrolled in a program listed in this subdivision, minus (2) if the pupil receives
145.36special instruction and services outside the regular classroom for more than 60 percent
of
145.37the school day, the amount of general education revenue and referendum equalization
aid
145.38as defined in section
125A.11, subdivision 1, paragraph (c)
new text begin (d)new text end , attributable to that pupil
146.1for the portion of time the pupil receives special instruction and services outside
of the
146.2regular classroom, excluding portions attributable to district and school administration,
146.3district support services, operations and maintenance, capital expenditures, and pupil
146.4transportation, minus (3) special education aid under section
125A.76 attributable to
146.5that pupil, that is received by the district providing special instruction and services.
For
146.6purposes of this paragraph, general education revenue and referendum equalization
aid
146.7attributable to a pupil must be calculated using the serving district's average general
146.8education revenue and referendum equalization aid per adjusted pupil unit.
146.9(c) For fiscal year 2015 and later, special education aid paid to a resident district
146.10must be reduced by an amount equal to 90 percent of the unreimbursed cost of providing
146.11special education and services.
146.12(d) Notwithstanding paragraph (c), special education aid paid to a resident district
146.13must be reduced by an amount equal to 100 percent of the unreimbursed cost of special
146.14education and services provided to students at an intermediate district, cooperative,
or
146.15charter school where the percent of students eligible for special education services
is at
146.16least 70 percent of the charter school's total enrollment.
146.17
new text begin (e) Notwithstanding paragraph (c), special education aid paid to a resident district
new text end
146.18
new text begin must be reduced under paragraph (d) for students at a charter school receiving special
new text end
146.19
new text begin education aid under section 124D.11, subdivision 5b, calculated as if the charter
school new text end
146.20
new text begin received special education aid under section 124D.11, subdivision 5.new text end
146.21 (e)
new text begin (f)new text end Special education aid paid to the district or cooperative providing special
146.22instruction and services for the pupil, or to the fiscal agent district for a cooperative,
must
146.23be increased by the amount of the reduction in the aid paid to the resident district
under
146.24paragraphs (c) and (d). If the resident district's special education aid is insufficient
to make
146.25the full adjustment
new text begin under paragraphs (c), (d), and (e)new text end , the remaining adjustment shall be
146.26made to other state aids due to the district.
146.27
new text begin (g) Notwithstanding paragraph (a), general education aid paid to the resident district
new text end
146.28
new text begin of a nonspecial education student for whom an eligible special education charter school
new text end
146.29
new text begin receives general education aid under section 124D.11, subdivision 1, paragraph (b),
must new text end
146.30
new text begin be reduced by an amount equal to the difference between the general education aid
new text end
146.31
new text begin attributable to the student under section 124D.11, subdivision 1, paragraph (b), and
the new text end
146.32
new text begin general education aid that the student would have generated for the charter school
under new text end
146.33
new text begin section 124D.11, subdivision 1, paragraph (a). For purposes of this paragraph, "nonspecial
new text end
146.34
new text begin education student" means a student who does not meet the definition of pupil with
a new text end
146.35
new text begin disability, as defined in section 125A.02 or the definition of a pupil in section
125A.51.new text end
147.1 (f)
new text begin (h)new text end An area learning center operated by a service cooperative, intermediate
147.2district, education district, or a joint powers cooperative may elect through the
action of
147.3the constituent boards to charge the resident district tuition for pupils rather than
to have
147.4the general education revenue paid to a fiscal agent school district. Except as provided
in
147.5paragraph (e)
new text begin (f)new text end , the district of residence must pay tuition equal to at least 90 and no more
147.6than 100 percent of the district average general education revenue per pupil unit
minus
147.7an amount equal to the product of the formula allowance according to section
126C.10,
147.8subdivision 2
, times .0466, calculated without compensatory revenue, local optional
147.9revenue, and transportation sparsity revenue, times the number of pupil units for
pupils
147.10attending the area learning center.
147.11
new text begin EFFECTIVE DATE.new text end new text begin This section is effective for fiscal year 2016 and later.new text end
147.12 Sec. 29.
new text begin SPECIAL EDUCATION EVALUATION.new text end
147.13
new text begin Subdivision 1.new text end new text begin Special education teachers' compliance with legal requirements.new text end
147.14
new text begin The Department of Education must identify ways to give teachers working with eligible
new text end
147.15
new text begin children with disabilities sufficient written and online resources to make informed
decisions new text end
147.16
new text begin about how to effectively comply with legal requirements related to providing special
new text end
147.17
new text begin education programs and services, including writing individualized education programs
and new text end
147.18
new text begin related documents, among other requirements. The department must work collaboratively
new text end
147.19
new text begin with teachers working with eligible children with disabilities, other school and district
staff, new text end
147.20
new text begin and representatives of affected organizations, including Education Minnesota, Minnesota
new text end
147.21
new text begin School Boards Association, and Minnesota Administrators of Special Education, among
new text end
147.22
new text begin others, to identify obstacles to and solutions for teachers' confusion about complying
with new text end
147.23
new text begin legal requirements governing special education programs and services. The department
new text end
147.24
new text begin must work with schools and districts to provide staff development training to better
new text end
147.25
new text begin comply with applicable legal requirements while meeting the educational needs and
new text end
147.26
new text begin improving the educational progress of eligible children with disabilities.new text end
147.27
new text begin Subd. 2.new text end new text begin Efficiencies to reduce paperwork.new text end new text begin The Department of Education, in new text end
147.28
new text begin collaboration with teachers and administrators working with eligible children with
new text end
147.29
new text begin disabilities in schools and districts, must identify strategies to effectively decrease
the new text end
147.30
new text begin amount of time teachers spend completing paperwork for special education programs
and new text end
147.31
new text begin services, evaluate whether the strategies are cost-effective, and determine whether
other new text end
147.32
new text begin schools and districts are able to effectively use the strategies given available staff
and new text end
147.33
new text begin resources. Where an evaluation shows that particular paperwork reduction strategies
are new text end
147.34
new text begin cost-effective without undermining the purpose of the paperwork or the integrity of
special new text end
148.1
new text begin education requirements, the department must electronically disseminate and promote
the new text end
148.2
new text begin strategies to other schools and districts throughout the state.new text end
148.3
new text begin Subd. 3.new text end new text begin Special education forms; reading level.new text end new text begin The Department of Education new text end
148.4
new text begin must determine the current reading level of its special education forms, establish
a target new text end
148.5
new text begin reading level for such forms, and, based on that target level, determine whether alternative
new text end
148.6
new text begin forms are needed to accommodate the lexical and sublexical cognitive processes of
new text end
148.7
new text begin individual form users and readers. The department must work with interested special
new text end
148.8
new text begin education stakeholders and reading experts in making the determinations and identification
new text end
148.9
new text begin required in this subdivision.new text end
148.10
new text begin EFFECTIVE DATE.new text end new text begin This section is effective the day following final enactment.new text end
148.11 Sec. 30.
new text begin APPROPRIATIONS.new text end
148.12
new text begin Subdivision 1.new text end new text begin Department of Education.new text end new text begin The sums indicated in this section are new text end
148.13
new text begin appropriated from the general fund to the Department of Education for the fiscal years
new text end
148.14
new text begin designated.new text end
148.15
new text begin Subd. 2.new text end new text begin Special education; regular.new text end new text begin For special education aid under Minnesota new text end
148.16
new text begin Statutes, section 125A.75:new text end
148.17
new text begin $new text end
new text begin 1,170,877,000new text end
new text begin .....new text end
new text begin 2016new text end
148.18
new text begin $new text end
new text begin 1,229,758,000new text end
new text begin .....new text end
new text begin 2017new text end
148.19
new text begin The 2016 appropriation includes $137,932,000 for 2015 and $1,032,945,000 for new text end
148.20
new text begin 2016.new text end
148.21
new text begin The 2017 appropriation includes $145,407,000 for 2016 and $1,084,351,000 for new text end
148.22
new text begin 2017.new text end
148.23
new text begin Subd. 3.new text end new text begin Travel for home-based services.new text end new text begin For aid for teacher travel for home-based new text end
148.24
new text begin services under Minnesota Statutes, section 125A.75, subdivision 1:new text end
148.25
new text begin $new text end
new text begin 361,000new text end
new text begin .....new text end
new text begin 2016new text end
148.26
new text begin $new text end
new text begin 371,000new text end
new text begin .....new text end
new text begin 2017new text end
148.27
new text begin The 2016 appropriation includes $35,000 for 2015 and $326,000 for 2016.new text end
148.28
new text begin The 2017 appropriation includes $36,000 for 2016 and $335,000 for 2017.new text end
148.29
new text begin Subd. 4.new text end new text begin Special education out-of-state tuition.new text end new text begin For special education out-of-state new text end
148.30
new text begin tuition according to Minnesota Statutes, section 125A.79, subdivision 8:new text end
148.31
new text begin $new text end
new text begin 250,000new text end
new text begin .....new text end
new text begin 2016new text end
148.32
new text begin $new text end
new text begin 250,000new text end
new text begin .....new text end
new text begin 2017new text end
149.1
new text begin Subd. 5.new text end new text begin Aid for children with disabilities.new text end new text begin For aid under Minnesota Statutes, new text end
149.2
new text begin section 125A.75, subdivision 3, for children with disabilities placed in residential
facilities new text end
149.3
new text begin within the district boundaries for whom no district of residence can be determined:new text end
149.4
new text begin $new text end
new text begin 1,406,000new text end
new text begin .....new text end
new text begin 2016new text end
149.5
new text begin $new text end
new text begin 1,629,000new text end
new text begin .....new text end
new text begin 2017new text end
149.6
new text begin If the appropriation for either year is insufficient, the appropriation for the other
new text end
149.7
new text begin year is available.new text end
149.8
new text begin Subd. 6.new text end new text begin Court-placed special education revenue.new text end new text begin For reimbursing serving school new text end
149.9
new text begin districts for unreimbursed eligible expenditures attributable to children placed in
the serving new text end
149.10
new text begin school district by court action under Minnesota Statutes, section 125A.79, subdivision
4:new text end
149.11
new text begin $new text end
new text begin 56,000new text end
new text begin .....new text end
new text begin 2016new text end
149.12
new text begin $new text end
new text begin 57,000new text end
new text begin .....new text end
new text begin 2017new text end
149.13 Sec. 31.
new text begin REPEALER.new text end
149.14
new text begin Minnesota Statutes 2014, section 125A.63, subdivision 1,new text end new text begin is repealed.new text end
149.15
ARTICLE 6
149.16
FACILITIES AND TECHNOLOGY
149.17 Section 1. Minnesota Statutes 2014, section 123B.53, subdivision 1, is amended to read:
149.18 Subdivision 1.
Definitions. (a) For purposes of this section, the eligible debt service
149.19revenue of a district is defined as follows:
149.20 (1) the amount needed to produce between five and six percent in excess of the
149.21amount needed to meet when due the principal and interest payments on the obligations
of
149.22the district for eligible projects according to subdivision 2, including the amounts
necessary
149.23for repayment of energy loans according to section
216C.37 or sections
298.292 to
298.298,
149.24debt service loans and
new text begin ,new text end capital loans,
new text begin and new text end lease purchase payments under section
126C.40,
149.25subdivision 2
, alternative facilities levies under section
123B.59, subdivision 5, paragraph
149.26(a),
new text begin excluding long-term facilities maintenance levies under section 123B.595,new text end minus
149.27 (2) the amount of debt service excess levy reduction for that school year calculated
149.28according to the procedure established by the commissioner.
149.29 (b) The obligations in this paragraph are excluded from eligible debt service revenue:
149.30 (1) obligations under section
123B.61;
149.31 (2) the part of debt service principal and interest paid from the taconite environmental
149.32protection fund or Douglas J. Johnson economic protection trust, excluding the portion
of
150.1taconite payments from the Iron Range school consolidation and cooperatively operated
150.2school account under section
298.28, subdivision 7a;
150.3 (3) obligations issued under Laws 1991, chapter 265, article 5, section 18, as
150.4amended by Laws 1992, chapter 499, article 5, section 24;
150.5 (4) obligations under section
123B.62; and
150.6 (5) obligations equalized under section
123B.535.
150.7 (c) For purposes of this section, if a preexisting school district reorganized under
150.8sections
123A.35 to
123A.43,
123A.46, and
123A.48 is solely responsible for retirement
150.9of the preexisting district's bonded indebtedness, capital loans or debt service loans,
debt
150.10service equalization aid must be computed separately for each of the preexisting districts.
150.11 (d) For purposes of this section, the adjusted net tax capacity determined according
150.12to sections
127A.48 and
273.1325 shall be adjusted to include the tax capacity of property
150.13generally exempted from ad valorem taxes under section
272.02, subdivision 64.
150.14
new text begin EFFECTIVE DATE.new text end new text begin This section is effective for revenue in fiscal year 2017 and new text end
150.15
new text begin later.new text end
150.16 Sec. 2. Minnesota Statutes 2014, section 123B.53, subdivision 4, is amended to read:
150.17 Subd. 4.
Debt service equalization revenue. (a) The debt service equalization
150.18revenue of a district equals the sum of the first tier debt service equalization revenue
and
150.19the second tier debt service equalization revenue.
150.20 (b) The first tier debt service equalization revenue of a district equals the greater
150.21of zero or the eligible debt service revenue minus the amount raised by a levy of
15.74
150.22percent times the adjusted net tax capacity of the district minus the second tier
debt service
150.23equalization revenue of the district.
150.24 (c) The second tier debt service equalization revenue of a district equals the greater
150.25of zero or the eligible debt service revenue, excluding alternative facilities levies under
150.26section
123B.59, subdivision 5, minus the amount raised by a levy of
26.24 percent times
150.27the adjusted net tax capacity of the district.
150.28
new text begin EFFECTIVE DATE.new text end new text begin This section is effective for revenue in fiscal year 2017 and new text end
150.29
new text begin later.new text end
150.30 Sec. 3. Minnesota Statutes 2014, section 123B.57, is amended to read:
150.31
123B.57 CAPITAL EXPENDITURE; HEALTH AND SAFETY.
150.32 Subdivision 1.
Health and safety revenue application. (a) To receive health
150.33and safety revenue for any fiscal year a district must submit to the commissioner
a
151.1capital expenditure health and safety revenue application by the date determined by
the
151.2commissioner. The application must include a health and safety budget adopted and
151.3confirmed by the school district board as being consistent with the district's health
and
151.4safety policy under subdivision 2. The budget must include the estimated cost of the
151.5program per Uniform Financial Accounting and Reporting Standards (UFARS) finance
151.6code, by fiscal year. Upon approval through the adoption of a resolution by each of
an
151.7intermediate district's member school district boards and the approval of the Department
151.8of Education, a school district may include its proportionate share of the costs of
health
151.9and safety projects for an intermediate district in its application.
151.10(b) Health and safety projects with an estimated cost of $500,000 or more per
151.11site are not eligible for health and safety revenue. Health and safety projects with
an
151.12estimated cost of $500,000 or more per site that meet all other requirements for health
and
151.13safety funding, are eligible for alternative facilities bonding and levy revenue according
151.14to section
. A school board shall not separate portions of a single project into
151.15components to qualify for health and safety revenue, and shall not combine unrelated
151.16projects into a single project to qualify for alternative facilities bonding and levy
revenue.
151.17(c) The commissioner of education shall not make eligibility for health and safety
151.18revenue contingent on a district's compliance status, level of program development,
or
151.19training. The commissioner shall not mandate additional performance criteria such
as
151.20training, certifications, or compliance evaluations as a prerequisite for levy approval.
151.21 Subd. 2.
Health and safety policy. To qualify for health and safety revenue, a
151.22school board must adopt a health and safety policy. The policy must include provisions
151.23for implementing a health and safety program that complies with health, safety, and
151.24environmental regulations and best practices including indoor air quality management.
151.25 Subd. 3.
Health and safety revenue. A district's health and safety revenue
151.26for a fiscal year equals the district's alternative facilities levy under section
,
151.27subdivision 5, paragraph (b), plus the greater of zero or:
151.28 (1) the sum of (a) the total approved cost of the district's hazardous substance
151.29plan for fiscal years 1985 through 1989, plus (b) the total approved cost of the district's
151.30health and safety program for fiscal year 1990 through the fiscal year to which the
levy
151.31is attributable, excluding expenditures funded with bonds issued under section
123B.59
151.32or
, or chapter 475; certificates of indebtedness or capital notes under section
151.33; levies under section
,
,
, or
126C.40, subdivision 1 or
151.346; and other federal, state, or local revenues, minus
151.35 (2) the sum of (a) the district's total hazardous substance aid and levy for fiscal
years
151.361985 through 1989 under sections
and
275.125, subdivision 11c, plus (b) the
152.1district's health and safety revenue under this subdivision, for years before the
fiscal year
152.2to which the levy is attributable.
152.3 Subd. 4.
Health and safety levy. To receive health and safety revenue, a district
152.4may levy an amount equal to the district's health and safety revenue as defined in
152.5subdivision 3 multiplied by the lesser of one, or the ratio of the quotient derived
by
152.6dividing the adjusted net tax capacity of the district for the year preceding the
year the
152.7levy is certified by the adjusted pupil units in the district for the school year
to which
152.8the levy is attributable, to $3,165.
152.9 Subd. 5.
Health and safety aid. A district's health and safety aid is the difference
152.10between its health and safety revenue and its health and safety levy. If a district
does not
152.11levy the entire amount permitted, health and safety aid must be reduced in proportion
to
152.12the actual amount levied. Health and safety aid may not be reduced as a result of
reducing
152.13a district's health and safety levy according to section
.
152.14 Subd. 6.
Uses of Health and safety revenuenew text begin capital projectsnew text end . (a) Health and
152.15safety revenue may be used only for approved
new text begin capital projects may includenew text end expenditures
152.16necessary for the correction of fire and life safety hazards; design, purchase, installation,
152.17maintenance, and inspection of fire protection and alarm equipment; purchase or
152.18construction of appropriate facilities for the storage of combustible and flammable
152.19materials; inventories and facility modifications not related to a remodeling project
152.20to comply with lab safety requirements under section
121A.31; inspection, testing,
152.21repair, removal or encapsulation, and disposal of asbestos-containing building materials;
152.22cleanup and disposal of polychlorinated biphenyls; cleanup and disposal of hazardous
and
152.23infectious wastes; cleanup, removal, disposal, and repairs related to storing heating
fuel or
152.24transportation fuels such as alcohol, gasoline, fuel oil, and special fuel, as defined
in section
152.25296A.01
; correction of occupational safety and health administration regulated hazards;
152.26indoor air quality inspections, investigations, and testing; mold abatement; upgrades
or
152.27replacement of mechanical ventilation systems to meet American Society of Heating,
152.28Refrigerating and Air Conditioning Engineers standards and State Mechanical Code;
152.29design, materials, and installation of local exhaust ventilation systems, including
required
152.30make-up air for controlling regulated hazardous substances; correction of Department
of
152.31Health Food Code violations; correction of swimming pool hazards excluding depth
152.32correction; playground safety inspections, repair of unsafe outdoor playground equipment,
152.33and the installation of impact surfacing materials; bleacher repair or rebuilding
to comply
152.34with the order of a building code inspector under section
326B.112; testing and mitigation
152.35of elevated radon hazards; lead testing; copper in water testing; cleanup after major
152.36weather-related disasters or flooding; reduction of excessive organic and inorganic
levels
153.1in wells and capping of abandoned wells; installation and testing of boiler backflow
valves
153.2to prevent contamination of potable water; vaccinations, titers, and preventative
supplies
153.3for bloodborne pathogen compliance; costs to comply with the Janet B. Johnson Parents'
153.4Right to Know Act; automated external defibrillators and other emergency plan equipment
153.5and supplies specific to the district's emergency action plan; compliance with the
National
153.6Emission Standards for Hazardous Air Pollutants for school generators established
by the
153.7United States Environmental Protection Agency; and health, safety, and environmental
153.8management costs associated with implementing the district's health and safety program
153.9including costs to establish and operate safety committees, in school buildings or
property
153.10owned or being acquired by the district. Testing and calibration activities are permitted
for
153.11existing mechanical ventilation systems at intervals no less than every five years.
153.12(b) For fiscal years 2014 through 2017, a school district must not include expenses
153.13related to emission compliance projects for school generators in its health and safety
153.14revenue
new text begin capital projectsnew text end unless it reduces its approved spending on other qualified health
153.15and safety projects by the same amount.
153.16 Subd. 6a.
Restrictions on health and safety revenue. Notwithstanding subdivision
153.176, health and safety revenue must not be used:
153.18(1) to finance a lease purchase agreement, installment purchase agreement, or other
153.19deferred payments agreement;
153.20(2) for the construction of new facilities, remodeling of existing facilities, or
the
153.21purchase of portable classrooms;
153.22(3) for interest or other financing expenses;
153.23(4) for energy-efficiency projects under section
, for a building or property
153.24or part of a building or property used for postsecondary instruction or administration
or for
153.25a purpose unrelated to elementary and secondary education;
153.26(5) for replacement of building materials or facilities including roof, walls, windows,
153.27internal fixtures and flooring, nonhealth and safety costs associated with demolition
of
153.28facilities, structural repair or replacement of facilities due to unsafe conditions,
violence
153.29prevention and facility security, ergonomics, or public announcement systems and
153.30emergency communication devices; or
153.31(6) for building and heating, ventilating and air conditioning supplies, maintenance,
153.32and cleaning activities. All assessments, investigations, inventories, and support
153.33equipment not leading to the engineering or construction of a project shall be included
in
153.34the health, safety, and environmental management costs in subdivision 8, paragraph
(a).
153.35 Subd. 6b.
Health and safety projects. (a) Health and safety revenue applications
153.36defined in subdivision 1 must be accompanied by a description of each project for
which
154.1funding is being requested. Project descriptions must provide enough detail for an
auditor
154.2to determine if the work qualifies for revenue. For projects other than fire and life
154.3safety projects, playground projects, and health, safety, and environmental management
154.4activities, a project description does not need to include itemized details such as
material
154.5types, room locations, square feet, names, or license numbers. The commissioner
154.6may request supporting information and shall approve only projects that comply with
154.7subdivisions 6 and 8, as defined by the Department of Education.
154.8(b) Districts may request funding for allowable projects based on self-assessments,
154.9safety committee recommendations, insurance inspections, management assistance
154.10reports, fire marshal orders, or other mandates. Notwithstanding subdivision 1, paragraph
154.11(b), and subdivision 8, paragraph (b), for projects under $500,000, individual project
154.12size for projects authorized by this subdivision is not limited and may include related
154.13work in multiple facilities. Health and safety management costs from subdivision 8
may
154.14be reported as a single project.
154.15(c) All costs directly related to a project shall be reported in the appropriate Uniform
154.16Financial Accounting and Reporting Standards (UFARS) finance code.
154.17(d) For fire and life safety egress and all other projects exceeding $20,000, cited
154.18under the Minnesota Fire Code, a fire marshal plan review is required.
154.19(e) Districts shall update project estimates with actual expenditures for each
154.20fiscal year. If a project's final cost is significantly higher than originally approved,
the
154.21commissioner may request additional supporting information.
154.22 Subd. 6c.
Appeals process. In the event a district is denied funding approval for
154.23a project the district believes complies with subdivisions 6 and 8, and is not otherwise
154.24excluded, a district may appeal the decision. All such requests must be in writing.
The
154.25commissioner shall respond in writing. A written request must contain the following:
154.26project number; description and amount; reason for denial; unresolved questions for
154.27consideration; reasons for reconsideration; and a specific statement of what action
the
154.28district is requesting.
154.29 Subd. 7.
Proration. In the event that the health and safety aid available for any year
154.30is prorated, a district having its aid prorated may levy an additional amount equal
to the
154.31amount not paid by the state due to proration.
154.32 Subd. 8.
Health, safety, and environmental management cost. (a) "Health, safety,
154.33and environmental management" is defined in section
.
154.34(b) A district's cost for health, safety, and environmental management is limited
to
154.35the lesser of:
154.36(1) actual cost to implement their plan; or
155.1(2) an amount determined by the commissioner, based on enrollment, building
155.2age, and size.
155.3(c) The department may contract with regional service organizations, private
155.4contractors, Minnesota Safety Council, or state agencies to provide management
155.5assistance to school districts for health and safety capital projects. Management
assistance
155.6is the development of written programs for the identification, recognition and control
of
155.7hazards, and prioritization and scheduling of district health and safety capital projects.
The
155.8commissioner shall not mandate management assistance or exclude private contractors
155.9from the opportunity to provide any health and safety services to school districts.
155.10
new text begin EFFECTIVE DATE.new text end new text begin This section is effective for revenue in fiscal year 2017 and new text end
155.11
new text begin later.new text end
155.12 Sec. 4.
new text begin [123B.595] LONG-TERM FACILITIES MAINTENANCE REVENUE.new text end
155.13
new text begin Subdivision 1.new text end new text begin Long-term facilities maintenance revenue.new text end new text begin (a) For fiscal year new text end
155.14
new text begin 2017 only, long-term facilities maintenance revenue equals the greater of (1) $193
times new text end
155.15
new text begin the district's adjusted pupil units times the lesser of one or the ratio of the district's
new text end
155.16
new text begin average building age to 35 years, plus the cost approved by the commissioner for indoor
new text end
155.17
new text begin air quality, fire alarm and suppression, and asbestos abatement projects under section
new text end
155.18
new text begin 123B.57, subdivision 6, with an estimated cost of $100,000 or more per site or (2)
the new text end
155.19
new text begin sum of the amount the district would have qualified for under Minnesota Statutes 2014,
new text end
155.20
new text begin section 123B.57, Minnesota Statutes 2014, section 123B.59, and Minnesota Statutes
new text end
155.21
new text begin 2014, section 123B.591.new text end
155.22
new text begin (b) For fiscal year 2018 only, long-term facilities maintenance revenue equals the
new text end
155.23
new text begin greater of (1) $292 times the district's adjusted pupil units times the lesser of
one or the new text end
155.24
new text begin ratio of the district's average building age to 35 years, plus the cost approved by
the new text end
155.25
new text begin commissioner for indoor air quality, fire alarm and suppression, and asbestos abatement
new text end
155.26
new text begin projects under section 123B.57, subdivision 6, with an estimated cost of $100,000
or more new text end
155.27
new text begin per site or (2) the sum of the amount the district would have qualified for under
Minnesota new text end
155.28
new text begin Statutes 2014, section 123B.57, Minnesota Statutes 2014, section 123B.59, and Minnesota
new text end
155.29
new text begin Statutes 2014, section 123B.591.new text end
155.30
new text begin (c) For fiscal year 2019 and later, long-term facilities maintenance revenue equals
new text end
155.31
new text begin the greater of (1) $380 times the district's adjusted pupil units times the lesser
of one or new text end
155.32
new text begin the ratio of the district's average building age to 35 years, plus the cost approved
by the new text end
155.33
new text begin commissioner for indoor air quality, fire alarm and suppression, and asbestos abatement
new text end
155.34
new text begin projects under section 123B.57, subdivision 6, with an estimated cost of $100,000
or more new text end
155.35
new text begin per site or (2) the sum of the amount the district would have qualified for under
Minnesota new text end
156.1
new text begin Statutes 2014, section 123B.57, Minnesota Statutes 2014, section 123B.59, and Minnesota
new text end
156.2
new text begin Statutes 2014, section 123B.591.new text end
156.3
new text begin Subd. 2.new text end new text begin Long-term facilities maintenance revenue for a charter school.new text end new text begin (a) new text end
156.4
new text begin For fiscal year 2017 only, long-term facilities maintenance revenue for a charter
school new text end
156.5
new text begin equals $34 times the adjusted pupil units.new text end
156.6
new text begin (b) For fiscal year 2018 only, long-term facilities maintenance revenue for a charter
new text end
156.7
new text begin school equals $85 times the adjusted pupil units.new text end
156.8
new text begin (c) For fiscal year 2019 and later, long-term facilities maintenance revenue for a
new text end
156.9
new text begin charter school equals $132 times the adjusted pupil units.new text end
156.10
new text begin Subd. 3.new text end new text begin Intermediate districts and other cooperative units.new text end new text begin Upon approval new text end
156.11
new text begin through the adoption of a resolution by each member district school board of an new text end
156.12
new text begin intermediate district or other cooperative units under section 123A.24, subdivision
2, new text end
156.13
new text begin and the approval of the commissioner of education, a school district may include in
its new text end
156.14
new text begin authority under this section a proportionate share of the long-term maintenance costs
new text end
156.15
new text begin of the intermediate district or cooperative unit. The cooperative unit may issue bonds
new text end
156.16
new text begin to finance the project costs or levy for the costs, using long-term maintenance revenue
new text end
156.17
new text begin transferred from member districts to make debt service payments or pay project costs.
new text end
156.18
new text begin Authority under this subdivision is in addition to the authority for individual district
new text end
156.19
new text begin projects under subdivision 1.new text end
156.20
new text begin Subd. 4.new text end new text begin Facilities plans.new text end new text begin (a) To qualify for revenue under this section, a school new text end
156.21
new text begin district or intermediate district, not including a charter school, must have a ten-year
facility new text end
156.22
new text begin plan adopted by the school board and approved by the commissioner. The plan must include
new text end
156.23
new text begin provisions for implementing a health and safety program that complies with health,
safety, new text end
156.24
new text begin and environmental regulations and best practices, including indoor air quality management.new text end
156.25
new text begin (b) The district must annually update the plan, biennially submit a facility new text end
156.26
new text begin maintenance plan to the commissioner, and indicate whether the district will issue
bonds new text end
156.27
new text begin to finance the plan or levy for the costs.new text end
156.28
new text begin (c) For school districts issuing bonds to finance the plan, the plan must include
a new text end
156.29
new text begin debt service schedule demonstrating that the debt service revenue required to pay
the new text end
156.30
new text begin principal and interest on the bonds each year will not exceed the projected long-term
new text end
156.31
new text begin facilities revenue for that year.new text end
156.32
new text begin Subd. 5.new text end new text begin Bond authorization.new text end new text begin (a) A school district may issue general obligation new text end
156.33
new text begin bonds under this section to finance facilities plans approved by its board and the
new text end
156.34
new text begin commissioner. Chapter 475, except sections 475.58 and 475.59, must be complied with.
new text end
156.35
new text begin The authority to issue bonds under this section is in addition to any bonding authority
new text end
156.36
new text begin authorized by this chapter or other law. The amount of bonding authority authorized
new text end
157.1
new text begin under this section must be disregarded in calculating the bonding or net debt limits
of this new text end
157.2
new text begin chapter, or any other law other than section 475.53, subdivision 4.new text end
157.3
new text begin (b) At least 20 days before the earliest of solicitation of bids, the issuance of
bonds, new text end
157.4
new text begin or the final certification of levies under subdivision 6, the district must publish
notice new text end
157.5
new text begin of the intended projects, the amount of the bond issue, and the total amount of district
new text end
157.6
new text begin indebtedness.new text end
157.7
new text begin (c) The portion of revenue under this section for bonded debt must be recognized new text end
157.8
new text begin in the debt service fund.new text end
157.9
new text begin Subd. 6.new text end new text begin Levy authorization.new text end new text begin A district may levy for costs related to an approved new text end
157.10
new text begin plan under subdivision 4 as follows:new text end
157.11
new text begin (1) if the district has indicated to the commissioner that bonds will be issued, the
new text end
157.12
new text begin district may levy for the principal and interest payments on outstanding bonds issued
new text end
157.13
new text begin under subdivision 5 after reduction for any aid receivable under subdivision 9; new text end
157.14
new text begin (2) if the district has indicated to the commissioner that the plan will be funded
new text end
157.15
new text begin through levy, the district may levy according to the schedule approved in the plan
after new text end
157.16
new text begin reduction for any aid receivable under subdivision 9; ornew text end
157.17
new text begin (3) if the debt service revenue for a district required to pay the principal and interest
new text end
157.18
new text begin on bonds issued under subdivision 5 exceeds the district's long-term facilities maintenance
new text end
157.19
new text begin revenue for the same fiscal year, the district's general fund levy must be reduced
by the new text end
157.20
new text begin amount of the excess.new text end
157.21
new text begin Subd. 7.new text end new text begin Long-term facilities maintenance equalization revenue.new text end new text begin (a) For fiscal new text end
157.22
new text begin year 2017 only, a district's long-term facilities maintenance equalization revenue
equals new text end
157.23
new text begin the lesser of (1) $193 times the adjusted pupil units or (2) the district's revenue
under new text end
157.24
new text begin subdivision 1.new text end
157.25
new text begin (b) For fiscal year 2018 only, a district's long-term facilities maintenance new text end
157.26
new text begin equalization revenue equals the lesser of (1) $292 times the adjusted pupil units
or (2) new text end
157.27
new text begin the district's revenue under subdivision 1.new text end
157.28
new text begin (c) For fiscal year 2019 and later, a district's long-term facilities maintenance
new text end
157.29
new text begin equalization revenue equals the lesser of (1) $380 times the adjusted pupil units
or (2) new text end
157.30
new text begin the district's revenue under subdivision 1.new text end
157.31
new text begin Subd. 8.new text end new text begin Long-term facilities maintenance equalized levy.new text end new text begin For fiscal year 2017 new text end
157.32
new text begin and later, a district's long-term facilities maintenance equalized levy equals the
district's new text end
157.33
new text begin long-term facilities maintenance revenue minus the greater of:new text end
157.34
new text begin (1) the lesser of the district's long-term facilities maintenance revenue or the amount
new text end
157.35
new text begin of aid the district received for fiscal year 2015 under Minnesota Statutes 2014, section
new text end
157.36
new text begin 123B.59, subdivision 6; ornew text end
158.1
new text begin (2) the district's long-term facilities maintenance equalization revenue times the
new text end
158.2
new text begin greater of (i) zero or (ii) one minus the ratio of its adjusted net tax capacity per
adjusted new text end
158.3
new text begin pupil unit in the year preceding the year the levy is certified to 123 percent of
the state new text end
158.4
new text begin average adjusted net tax capacity per adjusted pupil unit in the year preceding the
year new text end
158.5
new text begin the levy is certified.new text end
158.6
new text begin Subd. 9.new text end new text begin Long-term facilities maintenance equalized aid.new text end new text begin For fiscal year 2017 new text end
158.7
new text begin and later, a district's long-term facilities maintenance equalized aid equals its
long-term new text end
158.8
new text begin facilities maintenance revenue minus its long-term facilities maintenance equalized
levy new text end
158.9
new text begin times the ratio of the actual amount levied to the permitted levy.new text end
158.10
new text begin Subd. 10.new text end new text begin Allowed uses for long-term facilities maintenance revenue.new text end new text begin (a) A new text end
158.11
new text begin district may use revenue under this section for any of the following:new text end
158.12
new text begin (1) deferred capital expenditures and maintenance projects necessary to prevent new text end
158.13
new text begin further erosion of facilities;new text end
158.14
new text begin (2) increasing accessibility of school facilities; ornew text end
158.15
new text begin (3) health and safety capital projects under section 123B.57.new text end
158.16
new text begin (b) A charter school may use revenue under this section for any purpose related new text end
158.17
new text begin to the school.new text end
158.18
new text begin Subd. 11.new text end new text begin Restrictions on long-term facilities maintenance revenue.new text end
158.19
new text begin Notwithstanding subdivision 11, long-term facilities maintenance revenue may not be
used:new text end
158.20
new text begin (1) for the construction of new facilities, remodeling of existing facilities, or
the new text end
158.21
new text begin purchase of portable classrooms;new text end
158.22
new text begin (2) to finance a lease purchase agreement, installment purchase agreement, or other
new text end
158.23
new text begin deferred payments agreement;new text end
158.24
new text begin (3) for energy-efficiency projects under section 123B.65, for a building or property
new text end
158.25
new text begin or part of a building or property used for postsecondary instruction or administration
or for new text end
158.26
new text begin a purpose unrelated to elementary and secondary education; ornew text end
158.27
new text begin (4) for violence prevention and facility security, ergonomics, or emergency new text end
158.28
new text begin communication devices.new text end
158.29
new text begin Subd. 12.new text end new text begin Reserve account.new text end new text begin The portion of long-term facilities maintenance new text end
158.30
new text begin revenue not recognized under subdivision 5, paragraph (c), must be maintained in a
new text end
158.31
new text begin reserve account within the general fund.new text end
158.32
new text begin EFFECTIVE DATE.new text end new text begin This section is effective for revenue in fiscal year 2017 and new text end
158.33
new text begin later.new text end
158.34 Sec. 5. Minnesota Statutes 2014, section 125B.26, subdivision 2, is amended to read:
159.1 Subd. 2.
E-rates. To be eligible for aid under this section, a district, charter school,
159.2or intermediate school district is required to file an e-rate application either separately
or
159.3through its telecommunications access cluster and have a current technology plan on file
159.4with the department. Discounts received on telecommunications expenditures shall be
159.5reflected in the costs submitted to the department for aid under this section.
159.6 Sec. 6. Minnesota Statutes 2014, section 126C.01, subdivision 2, is amended to read:
159.7 Subd. 2.
Adjusted net tax capacity. new text begin (a) Except as provided in paragraph (b), new text end
159.8"adjusted net tax capacity" means the net tax capacity of the taxable property of
the
159.9district as adjusted by the commissioner of revenue under sections
127A.48 and
273.1325.
159.10The adjusted net tax capacity for any given calendar year must be used to compute
levy
159.11limitations for levies certified in the succeeding calendar year and aid for the school
year
159.12beginning in the second succeeding calendar year.
159.13
new text begin (b) For purposes of the long-term maintenance facilities equalization levy under new text end
159.14
new text begin section 123B.595, subdivision 8, "adjusted net tax capacity" means the value described
in new text end
159.15
new text begin paragraph (a) reduced by 50 percent of the value of class 2a agricultural land determined
new text end
159.16
new text begin under that paragraph before the application of the growth limit under section 127A.48,
new text end
159.17
new text begin subdivision 7.new text end
159.18
new text begin EFFECTIVE DATE.new text end new text begin This section is effective for taxes payable in 2016 and later.new text end
159.19 Sec. 7. Minnesota Statutes 2014, section 297A.70, subdivision 2, is amended to read:
159.20 Subd. 2.
Sales to government. (a) All sales, except those listed in paragraph (b),
159.21to the following governments and political subdivisions, or to the listed agencies
or
159.22instrumentalities of governments and political subdivisions, are exempt:
159.23(1) the United States and its agencies and instrumentalities;
159.24(2) school districts, local governments, the University of Minnesota, state universities,
159.25community colleges, technical colleges, state academies, the Perpich Minnesota Center
for
159.26Arts Education, and an instrumentality of a political subdivision that is accredited
as an
159.27optional/special function school by the North Central Association of Colleges and
Schools;
159.28(3) hospitals and nursing homes owned and operated by political subdivisions of
159.29the state of tangible personal property and taxable services used at or by hospitals
and
159.30nursing homes;
159.31(4) notwithstanding paragraph (d), the sales and purchases by the Metropolitan
159.32Council of vehicles and repair parts to equip operations provided for in section
473.4051
159.33are exempt through December 31, 2016;
160.1(5) other states or political subdivisions of other states, if the sale would be exempt
160.2from taxation if it occurred in that state; and
160.3(6) public libraries, public library systems, multicounty, multitype library systems
160.4as defined in section
134.001, county law libraries under chapter 134A, state agency
160.5libraries, the state library under section
480.09, and the Legislative Reference Library.
160.6(b) This exemption does not apply to the sales of the following products and services:
160.7(1) building, construction, or reconstruction materials purchased by a contractor
160.8or a subcontractor as a part of a lump-sum contract or similar type of contract with
a
160.9guaranteed maximum price covering both labor and materials for use in the construction,
160.10alteration, or repair of a building or facility;
160.11(2) construction materials purchased by tax exempt entities or their contractors to
160.12be used in constructing buildings or facilities which will not be used principally
by the
160.13tax exempt entities;
160.14(3) the leasing of a motor vehicle as defined in section
297B.01, subdivision 11,
160.15except for leases entered into by the United States or its agencies or instrumentalities;
160.16(4) lodging as defined under section
297A.61, subdivision 3, paragraph (g), clause
160.17(2), and prepared food, candy, soft drinks, and alcoholic beverages as defined in
section
160.18297A.67, subdivision 2
, except for lodging, prepared food, candy, soft drinks, and alcoholic
160.19beverages purchased directly by the United States or its agencies or instrumentalities;
or
160.20(5) goods or services purchased by a local government as inputs to a liquor store,
gas
160.21or electric utility, solid waste hauling service, solid waste recycling service, landfill,
golf
160.22course, marina, campground, cafe, or laundromat.
160.23(c) As used in this subdivision, "school districts" means public school entities and
160.24districts of every kind and nature organized under the laws of the state of Minnesota,
and
160.25any instrumentality of a school district, as defined in section
471.59.
160.26(d) For purposes of the exemption granted under this subdivision, "local
160.27governments" has the following meaning:
160.28(1) for the period prior to January 1, 2016
new text begin 2017new text end , local governments means statutory
160.29or home rule charter cities, counties, and townships;
new text begin andnew text end
160.30(2) for the period of January 1, 2016, to December 31, 2016, local governments
160.31means statutory or home rule charter cities, counties, and townships; special districts
as
160.32defined under section
, except for the Metropolitan Council under sections
473.123
160.33to
; any instrumentality of a statutory or home rule charter city, county, or
160.34township as defined in section
; and any joint powers board or organization created
160.35under section
; and
161.1(3)
new text begin (2)new text end beginning January 1, 2017, local governments means statutory or home rule
161.2charter cities, counties, and townships; special districts as defined under section
6.465; any
161.3instrumentality of a statutory or home rule charter city, county, or township as defined
in
161.4section
471.59; and any joint powers board or organization created under section
471.59.
161.5
new text begin EFFECTIVE DATE.new text end new text begin This section is effective the day following final enactment.new text end
161.6 Sec. 8.
new text begin COMMISSIONER OF EDUCATION; 1:1 DEVICE PROGRAM new text end
161.7
new text begin GUIDELINES.new text end
161.8
new text begin The commissioner of education must research existing 1:1 device programs in new text end
161.9
new text begin Minnesota and across the country to determine best practices for Minnesota schools
new text end
161.10
new text begin implementing 1:1 device programs. By February 15, 2016, the commissioner must new text end
161.11
new text begin develop and publish guidelines to ensure maximum effectiveness of 1:1 device programs
new text end
161.12
new text begin and make a report on the research findings to the committees of the legislature with
new text end
161.13
new text begin jurisdiction over kindergarten through grade 12 education.new text end
161.14 Sec. 9.
new text begin FAIR SCHOOL CRYSTAL TRANSITION.new text end
161.15
new text begin Subdivision 1.new text end new text begin Student enrollment.new text end new text begin A student enrolled in the FAIR School new text end
161.16
new text begin Crystal during the 2014-2015 school year and a student accepted for enrollment during
new text end
161.17
new text begin the 2015-2016 school year may continue to enroll in the FAIR School Crystal in any
new text end
161.18
new text begin year through the 2019-2020 school year. For the 2015-2016 school year and later, other
new text end
161.19
new text begin students may apply for enrollment under Minnesota Statutes, section 124D.03.new text end
161.20
new text begin Subd. 2.new text end new text begin Compensatory revenue; literacy aid; alternative compensation new text end
161.21
new text begin revenue.new text end new text begin For the 2015-2016 school year only, the Department of Education must calculate new text end
161.22
new text begin compensatory revenue, literacy aid, and alternative compensation revenue for the FAIR
new text end
161.23
new text begin School Crystal based on the October 1, 2014, enrollment counts.new text end
161.24
new text begin Subd. 3.new text end new text begin Pupil transportation.new text end new text begin The district may transport a pupil enrolled in new text end
161.25
new text begin the 2014-2015 school year and a pupil accepted for enrollment during the 2015-2016
new text end
161.26
new text begin school year to and from the FAIR School Crystal in succeeding school years regardless
new text end
161.27
new text begin of the pupil's district of residence. Pupil transportation expenses under this section
are new text end
161.28
new text begin reimbursable under Minnesota Statutes, section 124D.87.new text end
161.29
new text begin EFFECTIVE DATE.new text end new text begin This section is effective the day following the date on which new text end
161.30
new text begin the real and personal property of the FAIR School Crystal in Crystal is conveyed to
new text end
161.31
new text begin Independent School District No. 281, Robbinsdale.new text end
162.1 Sec. 10.
new text begin FAIR SCHOOL DOWNTOWN TRANSITION.new text end
162.2
new text begin Subdivision 1.new text end new text begin Student enrollment.new text end new text begin A student enrolled in the FAIR School new text end
162.3
new text begin downtown during the 2014-2015 school year and a student accepted for enrollment during
new text end
162.4
new text begin the 2015-2016 school year may continue to enroll in the FAIR School downtown in any
new text end
162.5
new text begin year through the 2018-2019 school year. For the 2015-2016 school year and later, other
new text end
162.6
new text begin students may apply for enrollment under Minnesota Statutes, section 124D.03.new text end
162.7
new text begin Subd. 2.new text end new text begin Compensatory revenue; literacy aid; alternative compensation new text end
162.8
new text begin revenue.new text end new text begin For the 2015-2016 school year only, the Department of Education must calculate new text end
162.9
new text begin compensatory revenue, literacy aid, and alternative compensation revenue for the FAIR
new text end
162.10
new text begin School downtown based on the October 1, 2014, enrollment counts.new text end
162.11
new text begin Subd. 3.new text end new text begin Pupil transportation.new text end new text begin The district may transport a pupil enrolled in the new text end
162.12
new text begin 2014-2015 school year and a pupil accepted for enrollment during the 2015-2016 school
new text end
162.13
new text begin year to and from the FAIR School downtown in succeeding school years regardless of
new text end
162.14
new text begin the pupil's district of residence. Pupil transportation expenses under this section
are new text end
162.15
new text begin reimbursable under Minnesota Statutes, section 124D.87.new text end
162.16
new text begin EFFECTIVE DATE.new text end new text begin This section is effective the day following the date on which new text end
162.17
new text begin the real and personal property of the FAIR School downtown in Minneapolis is conveyed
new text end
162.18
new text begin to Special School District No. 1, Minneapolis.new text end
162.19 Sec. 11.
new text begin INFORMATION TECHNOLOGY CERTIFICATION PARTNERSHIP.new text end
162.20
new text begin Subdivision 1.new text end new text begin Request for proposals.new text end new text begin The commissioner of education shall issue new text end
162.21
new text begin a request for proposals no later than July 1, 2015, and award a contract no later
than new text end
162.22
new text begin September 1, 2015, to a provider for the program under subdivision 3.new text end
162.23
new text begin Subd. 2.new text end new text begin Eligible schools.new text end new text begin A school district, intermediate district, or charter school new text end
162.24
new text begin is eligible to participate in the program under this section, as long as funds are
available. new text end
162.25
new text begin Subd. 3.new text end new text begin Program description; provider duties.new text end new text begin (a) The provider must partner new text end
162.26
new text begin with eligible schools to make available a program to teach information technology
skills new text end
162.27
new text begin and competencies that are essential for career and college readiness. By December
1, new text end
162.28
new text begin 2015, the provider must contact each eligible school and indicate how the school can
new text end
162.29
new text begin access program services under this section. new text end
162.30
new text begin (b) The provider shall recruit up to 200 schools to participate in the program as
long new text end
162.31
new text begin as funds are available. The provider must engage schools on a first-come, first-served
new text end
163.1
new text begin basis, except that no more than half of the total funds available may be used to deliver
the new text end
163.2
new text begin program to schools located in the seven-county metropolitan area.new text end
163.3
new text begin (c) The provider shall deliver to each participating school:new text end
163.4
new text begin (1) a research-based information technology curriculum;new text end
163.5
new text begin (2) online access to the curriculum;new text end
163.6
new text begin (3) instructional software for classroom and student use;new text end
163.7
new text begin (4) training for teachers who will be using the curriculum or instructional software;new text end
163.8
new text begin (5) industry-recognized certification of skills and competencies in a broad array
of new text end
163.9
new text begin information technology-related skill areas; andnew text end
163.10
new text begin (6) project management, deployment, and program support, including, but not new text end
163.11
new text begin limited to, integration with academic standards under Minnesota Statutes, section
new text end
163.12
new text begin 120B.021 or 120B.022.new text end
163.13
new text begin Subd. 4.new text end new text begin Department support.new text end new text begin The Department of Education must make support new text end
163.14
new text begin available to the provider, including acting as the primary liaison between schools
and the new text end
163.15
new text begin provider and providing direction and oversight, consistent with the purposes of this
section.new text end
163.16
new text begin Subd. 5.new text end new text begin Report required.new text end new text begin By February 1, 2018, the provider and commissioner new text end
163.17
new text begin must jointly develop and deliver to the committees of the legislature with jurisdiction
over new text end
163.18
new text begin kindergarten through grade 12 education, a summary report on program activities and
new text end
163.19
new text begin outcomes, including a description of the number and location of participating schools
and new text end
163.20
new text begin students, and the number and type of certifications earned by students.new text end
163.21 Sec. 12.
new text begin CANCELLATION OF PREVIOUS BIENNIUM APPROPRIATION.new text end
163.22
new text begin The appropriation made by Laws 2014, chapter 312, article 16, section 16, new text end
163.23
new text begin subdivision 5, is canceled.new text end
163.24
new text begin EFFECTIVE DATE.new text end new text begin This section is effective the day following final enactment.new text end
163.25 Sec. 13.
new text begin APPROPRIATIONS.new text end
163.26
new text begin Subdivision 1.new text end new text begin Department of Education.new text end new text begin The sums indicated in this section are new text end
163.27
new text begin appropriated from the general fund to the Department of Education for the fiscal
years new text end
163.28
new text begin designated.new text end
163.29
new text begin Subd. 2.new text end new text begin Long-term maintenance equalization aid.new text end new text begin For long-term maintenance new text end
163.30
new text begin equalization aid under Minnesota Statutes, section 123B.595:new text end
163.31
new text begin $new text end
new text begin 0new text end
new text begin .....new text end
new text begin 2016new text end
163.32
new text begin $ new text end
new text begin 52,088,000new text end
new text begin .....new text end
new text begin 2017new text end
164.1
new text begin The 2017 appropriation includes $0 for 2016 and $52,088,000 for 2017.new text end
164.2
new text begin Subd. 3.new text end new text begin Debt service equalization.new text end new text begin For debt service aid according to Minnesota new text end
164.3
new text begin Statutes, section 123B.53, subdivision 6:new text end
164.4
new text begin $new text end
new text begin 20,349,000new text end
new text begin .....new text end
new text begin 2016new text end
164.5
new text begin $new text end
new text begin 22,171,000new text end
new text begin .....new text end
new text begin 2017new text end
164.6
new text begin The 2016 appropriation includes $2,295,000 for 2015 and $18,054,000 for 2016.new text end
164.7
new text begin The 2017 appropriation includes $2,005,000 for 2016 and $20,166,000 for 2017.new text end
164.8
new text begin Subd. 4.new text end new text begin Alternative facilities bonding aid.new text end new text begin For alternative facilities bonding aid, new text end
164.9
new text begin according to Minnesota Statutes, section 123B.59, subdivision 1:new text end
164.10
new text begin $new text end
new text begin 19,287,000new text end
new text begin .....new text end
new text begin 2016new text end
164.11
new text begin $new text end
new text begin 1,928,000new text end
new text begin .....new text end
new text begin 2017new text end
164.12
new text begin The 2016 appropriation includes $1,928,000 for 2015 and $17,359,000 for 2016.new text end
164.13
new text begin The 2017 appropriation includes $1,928,000 for 2016 and $0 for 2017.new text end
164.14
new text begin Subd. 5.new text end new text begin Equity in telecommunications access.new text end new text begin For equity in telecommunications new text end
164.15
new text begin access:new text end
164.16
new text begin $new text end
new text begin 3,750,000new text end
new text begin .....new text end
new text begin 2016new text end
164.17
new text begin $new text end
new text begin 3,750,000new text end
new text begin .....new text end
new text begin 2017new text end
164.18
new text begin If the appropriation amount is insufficient, the commissioner shall reduce the new text end
164.19
new text begin reimbursement rate in Minnesota Statutes, section 125B.26, subdivisions 4 and 5, and
the new text end
164.20
new text begin revenue for fiscal years 2016 and 2017 shall be prorated.new text end
164.21
new text begin Any balance in the first year does not cancel but is available in the second year.new text end
164.22
new text begin Subd. 6.new text end new text begin Deferred maintenance aid.new text end new text begin For deferred maintenance aid, according to new text end
164.23
new text begin Minnesota Statutes, section 123B.591, subdivision 4:new text end
164.24
new text begin $new text end
new text begin 3,520,000new text end
new text begin .....new text end
new text begin 2016new text end
164.25
new text begin $new text end
new text begin 345,000new text end
new text begin .....new text end
new text begin 2017new text end
164.26
new text begin The 2016 appropriation includes $409,000 for 2015 and $3,111,000 for 2016.new text end
164.27
new text begin The 2017 appropriation includes $345,000 for 2016 and $0 for 2017.new text end
164.28
new text begin Subd. 7.new text end new text begin Health and safety revenue.new text end new text begin For health and safety aid according to new text end
164.29
new text begin Minnesota Statutes, section 123B.57, subdivision 5:new text end
164.30
new text begin $new text end
new text begin 501,000new text end
new text begin .....new text end
new text begin 2016new text end
164.31
new text begin $new text end
new text begin 48,000new text end
new text begin .....new text end
new text begin 2017new text end
164.32
new text begin The 2016 appropriation includes $66,000 for 2015 and $435,000 for 2016.new text end
164.33
new text begin The 2017 appropriation includes $48,000 for 2016 and $0 for 2017.new text end
165.1
new text begin Subd. 8.new text end new text begin Information technology certification partnership.new text end new text begin For an information new text end
165.2
new text begin technology certification partnership:new text end
165.3
new text begin $new text end
new text begin 500,000new text end
new text begin .....new text end
new text begin 2016new text end
165.4
new text begin $new text end
new text begin 0new text end
new text begin .....new text end
new text begin 2017new text end
165.5
new text begin This is a onetime appropriation. Any balance in the first year does not cancel but
is new text end
165.6
new text begin available in the second year. Of this appropriation, five percent is for departmental
costs new text end
165.7
new text begin related to providing support for the information technology certification partnership.new text end
165.8
new text begin Subd. 9.new text end new text begin Innovative Technology Cooperative.new text end new text begin For a grant to the Innovative new text end
165.9
new text begin Technology Cooperative under Minnesota Statutes, section 123A.215, to provide new text end
165.10
new text begin professional development related to technology:new text end
165.11
new text begin $new text end
new text begin 150,000new text end
new text begin .....new text end
new text begin 2016new text end
165.12
new text begin $new text end
new text begin 150,000new text end
new text begin .....new text end
new text begin 2017new text end
165.13
new text begin Any balance in the first year does not cancel but is available in the second year.
The base new text end
165.14
new text begin for this program in fiscal year 2018 is $0.new text end
165.15 Sec. 14.
new text begin REPEALER.new text end
165.16
new text begin Minnesota Statutes 2014, sections 123B.59; and 123B.591,new text end new text begin are repealed.new text end
165.17
new text begin EFFECTIVE DATE.new text end new text begin This section is effective for revenue in fiscal year 2017 and new text end
165.18
new text begin later.new text end
165.19
ARTICLE 7
165.20
NUTRITION AND ACCOUNTING
165.21 Section 1. Minnesota Statutes 2014, section 123A.24, subdivision 1, is amended to read:
165.22 Subdivision 1.
Distribution of assets and liabilities. (a) If a district withdraws
165.23from a cooperative unit defined in subdivision 2, the distribution of assets and assignment
165.24of liabilities to the withdrawing district shall be determined according to this subdivision.
165.25(b) The withdrawing district remains responsible for its share of debt incurred by
the
165.26cooperative unit according to section
123B.02, subdivision 3. The district and cooperative
165.27unit may mutually agree, through a board resolution by each, to terms and conditions
of
165.28the distribution of assets and the assignment of liabilities.
165.29(c) If the cooperative unit and the district cannot agree on the terms and conditions,
165.30the commissioner shall resolve the dispute by determining the district's proportionate
share
165.31of assets and liabilities based on the district's enrollment, financial contribution,
usage, or
165.32other factor or combination of factors determined appropriate by the commissioner.
new text begin If the new text end
165.33
new text begin dispute requires the commissioner to involve an administrative law judge, any fees
due new text end
166.1
new text begin to the Office of Administrative Hearings must be equally split between the district
and new text end
166.2
new text begin cooperative unit. new text end The assets must be disbursed to the withdrawing district in a manner
166.3that minimizes financial disruption to the cooperative unit.
166.4(d) Assets related to an insurance pool shall not be disbursed to a member district
166.5under paragraph (c).
166.6
new text begin EFFECTIVE DATE.new text end new text begin This section is effective the day following final enactment.new text end
166.7 Sec. 2. Minnesota Statutes 2014, section 123B.77, subdivision 3, is amended to read:
166.8 Subd. 3.
Statement for comparison and correction. (a) By November 30 of the
166.9calendar year of the submission of the unaudited financial data, the district must
provide to
166.10the commissioner audited financial data for the preceding fiscal year. The audit must
be
166.11conducted in compliance with generally accepted governmental auditing standards, the
166.12federal Single Audit Act, and the Minnesota legal compliance guide issued by the Office
166.13of the State Auditor. An audited financial statement prepared in a form which will
allow
166.14comparison with and correction of material differences in the unaudited financial
data
166.15shall be submitted to the commissioner and the state auditor by December 31. The audited
166.16financial statement must also provide a statement of assurance pertaining to uniform
166.17financial accounting and reporting standards compliance and a copy of the management
166.18letter submitted to the district by the school district's auditor.
166.19(b) By February 15
new text begin 1new text end of the calendar year following the submission of the unaudited
166.20financial data, the commissioner shall convert the audited financial data required
by this
166.21subdivision into the consolidated financial statement format required under subdivision
1a
166.22and publish the information on the department's Web site.
166.23 Sec. 3. Minnesota Statutes 2014, section 125A.75, subdivision 9, is amended to read:
166.24 Subd. 9.
Litigation costs; annual report. (a) By November 30 of each year,
166.25a school district must annually report the district's special education litigation
costs,
166.26including attorney fees and costs of due process hearings, to the commissioner of
166.27education, consistent with the Uniform Financial Accounting and Reporting Standards.
166.28 (b) By January 15
new text begin February 1new text end of each year, the commissioner shall report school
166.29district special education litigation costs to the house of representatives and the
senate
166.30committees having jurisdiction over kindergarten through grade 12 education finance.
166.31 Sec. 4. Minnesota Statutes 2014, section 127A.05, subdivision 6, is amended to read:
166.32 Subd. 6.
Survey of districts. The commissioner of education shall survey the state's
166.33school districts and teacher preparation programs and report to the education committees
167.1of the legislature by January 15
new text begin February 1new text end of each odd-numbered year on the status of
167.2teacher early retirement patterns, the teacher shortage, and the substitute teacher
shortage,
167.3including patterns and shortages in subject areas and regions of the state. The report
must
167.4also include how districts are making progress in hiring teachers and substitutes
in the
167.5areas of shortage and a five-year projection of teacher demand for each district.
167.6 Sec. 5. Minnesota Statutes 2014, section 127A.49, subdivision 1, is amended to read:
167.7 Subdivision 1.
Omissions. No adjustments to any aid payments made pursuant
167.8to this chapter or chapters 120B, 122A, 123A, 123B, 124D, 125A, and 126C resulting
167.9from omissions in district reports, except those adjustments determined by the legislative
167.10auditor, shall be made for any school year after December 30
new text begin 15new text end of the next school year,
167.11unless otherwise specifically provided by law.
167.12 Sec. 6. Laws 2013, chapter 116, article 7, section 19, is amended to read:
167.13 Sec. 19.
FUND TRANSFER; FISCAL YEARSnew text begin YEARnew text end 2014 AND 2015
167.14
new text begin THROUGH FISCAL YEAR 2017new text end ONLY.
167.15(a) Notwithstanding Minnesota Statutes, section
123B.80, subdivision 3, for fiscal
167.16years
new text begin yearnew text end 2014 and 2015
new text begin through fiscal year 2017new text end only, the commissioner must approve
167.17a request for a fund transfer if the transfer does not increase state aid obligations
to the
167.18district or result in additional property tax authority for the district. This section
does not
167.19permit transfers from the community service fund, the food service fund, or the reserved
167.20account for staff development under section
122A.61.
167.21(b) A school board may approve a fund transfer under paragraph (a) only after
167.22adopting a resolution stating the fund transfer will not diminish instructional opportunities
167.23for students.
167.24
new text begin EFFECTIVE DATE.new text end new text begin This section is effective the day following final enactment.new text end
167.25 Sec. 7.
new text begin APPROPRIATIONS.new text end
167.26
new text begin Subdivision 1.new text end new text begin Department of Education.new text end new text begin The sums indicated in this section are new text end
167.27
new text begin appropriated from the general fund to the Department of Education for the fiscal years
new text end
167.28
new text begin designated.new text end
167.29
new text begin Subd. 2.new text end new text begin School lunch.new text end new text begin For school lunch aid according to Minnesota Statutes, new text end
167.30
new text begin section 124D.111, and Code of Federal Regulations, title 7, section 210.17:new text end
167.31
new text begin $new text end
new text begin 15,661,000new text end
new text begin .....new text end
new text begin 2016new text end
167.32
new text begin $new text end
new text begin 15,818,000new text end
new text begin .....new text end
new text begin 2017new text end
168.1
new text begin Subd. 3.new text end new text begin School breakfast.new text end new text begin For traditional school breakfast aid under Minnesota new text end
168.2
new text begin Statutes, section 124D.1158:new text end
168.3
new text begin $new text end
new text begin 9,731,000new text end
new text begin .....new text end
new text begin 2016new text end
168.4
new text begin $new text end
new text begin 10,361,000new text end
new text begin .....new text end
new text begin 2017new text end
168.5
new text begin Subd. 4.new text end new text begin Kindergarten milk.new text end new text begin For kindergarten milk aid under Minnesota Statutes, new text end
168.6
new text begin section 124D.118:new text end
168.7
new text begin $new text end
new text begin 942,000new text end
new text begin .....new text end
new text begin 2016new text end
168.8
new text begin $new text end
new text begin 942,000new text end
new text begin .....new text end
new text begin 2017new text end
168.9
new text begin Subd. 5.new text end new text begin Summer school service replacement aid.new text end new text begin For summer food service new text end
168.10
new text begin replacement aid under Minnesota Statutes, section 124D.119:new text end
168.11
new text begin $new text end
new text begin 150,000new text end
new text begin .....new text end
new text begin 2016new text end
168.12
new text begin $new text end
new text begin 150,000new text end
new text begin .....new text end
new text begin 2017new text end
168.13
ARTICLE 8
168.14
LIBRARIES
168.15 Section 1. Minnesota Statutes 2014, section 134.355, subdivision 8, is amended to read:
168.16 Subd. 8.
Eligibility. A regional public library system may apply for regional library
168.17telecommunications aid. The aid must be used for data and video access maintenance,
168.18equipment, or installation of telecommunication lines.
new text begin on behalf of itself and member new text end
168.19
new text begin public libraries. The aid must be used for connections and other eligible nonvoice
related new text end
168.20
new text begin e-rate program category one services. Aid may be used for e-rate program category
two new text end
168.21
new text begin services as identified in the Federal Communication Commission's eligible services
list new text end
168.22
new text begin for the current and preceding four funding years, if sufficient funds remain once
category new text end
168.23
new text begin one needs are met in each funding year.new text end To be eligible, a regional public library system
168.24must be officially designated by the commissioner of education as a regional public
library
168.25system as defined in section
134.34, subdivision 3, and each of its participating cities and
168.26counties must meet local support levels defined in section
134.34, subdivision 1. A public
168.27library building that receives aid under this section must be open a minimum of 20
hours
168.28per week. Exceptions to the minimum open hours requirement may be granted by the
168.29Department of Education on request of the regional public library system for the following
168.30circumstances: short-term closing for emergency maintenance and repairs following
a
168.31natural disaster; in response to exceptional economic circumstances; building repair
or
168.32maintenance that requires public services areas to be closed; or to adjust hours of
public
168.33service to respond to documented seasonal use patterns.
169.1 Sec. 2. Minnesota Statutes 2014, section 134.355, subdivision 9, is amended to read:
169.2 Subd. 9.
Telecommunications aid. An application for regional library
169.3telecommunications aid must, at a minimum, contain information to document the
169.4following:
169.5 (1) the connections are adequate and employ an open network architecture that
169.6will ensure interconnectivity and interoperability with school districts, postsecondary
169.7education, or other governmental agencies;
169.8 (2) that the connection is established through the most cost-effective means and that
169.9the regional library has explored and coordinated connections through school districts,
169.10postsecondary education, or other governmental agencies;
169.11 (3) that the regional library system has
new text begin and member libraries included in the new text end
169.12
new text begin application havenew text end filed
new text begin or are included in new text end an e-rate application; and
169.13 (4) other information, as determined by the commissioner of education, to ensure
169.14that connections are coordinated, efficient, and cost-effective, take advantage of
discounts,
169.15and meet applicable state standards.
169.16 The library system may include costs associated with cooperative arrangements with
169.17postsecondary institutions, school districts, and other governmental agencies.
169.18 Sec. 3. Minnesota Statutes 2014, section 134.355, subdivision 10, is amended to read:
169.19 Subd. 10.
Award of funds. The commissioner of education shall develop an
169.20application and a reporting form and procedures for regional library telecommunications
169.21aid. Aid shall be based on actual costs of
new text begin including, but not limited to,new text end connections
new text begin , as new text end
169.22
new text begin documented in e-rate funding commitment decision letters for category one services
and new text end
169.23
new text begin acceptable documentation for category two servicesnew text end and funds available for this purpose.
169.24The commissioner shall make payments directly to the regional public library system.
169.25 Sec. 4.
new text begin APPROPRIATIONS.new text end
169.26
new text begin Subdivision 1.new text end new text begin Department of Education.new text end new text begin The sums indicated in this section are new text end
169.27
new text begin appropriated from the general fund to the Department of Education for the fiscal years
new text end
169.28
new text begin designated.new text end
169.29
new text begin Subd. 2.new text end new text begin Basic system support.new text end new text begin For basic system support aid under Minnesota new text end
169.30
new text begin Statutes, section 134.355:new text end
169.31
new text begin $new text end
new text begin 13,570,000new text end
new text begin .....new text end
new text begin 2016new text end
169.32
new text begin $new text end
new text begin 13,570,000new text end
new text begin .....new text end
new text begin 2017new text end
169.33
new text begin The 2016 appropriation includes $1,357,000 for 2015 and $12,213,000 for 2016.new text end
170.1
new text begin The 2017 appropriation includes $1,357,000 for 2016 and $12,213,000 for 2017.new text end
170.2
new text begin Subd. 3.new text end new text begin Multicounty, multitype library systems.new text end new text begin For aid under Minnesota new text end
170.3
new text begin Statutes, sections 134.353 and 134.354, to multicounty, multitype library systems:new text end
170.4
new text begin $new text end
new text begin 1,300,000new text end
new text begin .....new text end
new text begin 2016new text end
170.5
new text begin $new text end
new text begin 1,300,000new text end
new text begin .....new text end
new text begin 2017new text end
170.6
new text begin The 2016 appropriation includes $130,000 for 2015 and $1,170,000 for 2016.new text end
170.7
new text begin The 2017 appropriation includes $130,000 for 2016 and $1,170,000 for 2017.new text end
170.8
new text begin Subd. 4.new text end new text begin Electronic library for Minnesota.new text end new text begin For statewide licenses to online new text end
170.9
new text begin databases selected in cooperation with the Minnesota Office of Higher Education for
new text end
170.10
new text begin school media centers, public libraries, state government agency libraries, and public
new text end
170.11
new text begin or private college or university libraries:new text end
170.12
new text begin $new text end
new text begin 900,000new text end
new text begin .....new text end
new text begin 2016new text end
170.13
new text begin $new text end
new text begin 900,000new text end
new text begin .....new text end
new text begin 2017new text end
170.14
new text begin Any balance in the first year does not cancel but is available in the second year.new text end
170.15
new text begin Subd. 5.new text end new text begin Regional library telecommunications aid.new text end new text begin For regional library new text end
170.16
new text begin telecommunications aid under Minnesota Statutes, section 134.355:new text end
170.17
new text begin $new text end
new text begin 2,300,000new text end
new text begin .....new text end
new text begin 2016new text end
170.18
new text begin $new text end
new text begin 2,300,000new text end
new text begin .....new text end
new text begin 2017new text end
170.19
new text begin The 2016 appropriation includes $230,000 for 2015 and $2,070,000 for 2016.new text end
170.20
new text begin The 2017 appropriation includes $230,000 for 2016 and $2,070,000 for 2017.new text end
170.21
ARTICLE 9
170.22
EARLY CHILDHOOD EDUCATION
170.23 Section 1. Minnesota Statutes 2014, section 121A.17, subdivision 5, is amended to read:
170.24 Subd. 5.
Developmental screening program information. new text begin (a) new text end The board must
170.25inform each resident family with a child eligible to participate in the developmental
170.26screening program, and a charter school that provides screening must inform families
170.27that apply for admission to the charter school, about the availability of the program
and
170.28the state's requirement that a child receive a developmental screening or provide
health
170.29records indicating that the child received a comparable developmental screening from
a
170.30public or private health care organization or individual health care provider not
later than
170.3130 days after the first day of attending kindergarten in a public school. A school
district
170.32must inform all resident families with eligible children under age seven, and a charter
170.33school that provides screening must inform families that apply for admission to the
charter
171.1school, that their children may receive a developmental screening conducted either
by the
171.2school district or by a public or private health care organization or individual health
care
171.3provider and that the screening is not required if a statement signed by the child's
parent
171.4or guardian is submitted to the administrator or other person having general control
and
171.5supervision of the school that the child has not been screened.
171.6
new text begin (b) A school district that enrolls students from an adjoining state under section
new text end
171.7
new text begin 124D.041 may inform a nonresident child whose family resides at a Minnesota address
as new text end
171.8
new text begin assigned by the United States Postal Service about the availability of the developmental
new text end
171.9
new text begin screening program and may provide screening under this section to that child.new text end
171.10
new text begin EFFECTIVE DATE.new text end new text begin This section is effective for revenue for fiscal year 2016 new text end
171.11
new text begin and later.new text end
171.12 Sec. 2. Minnesota Statutes 2014, section 124D.041, subdivision 1, is amended to read:
171.13 Subdivision 1.
Agreements. (a) The commissioner may enter into an agreement
171.14with the designated authority from an adjoining state to establish an enrollment options
171.15program between Minnesota and the adjoining state. Any agreement entered into pursuant
171.16to this section must specify the following:
171.17 (1) for students who are not residents of Minnesota, the enrollment options program
171.18applies only to a student whose resident school district borders Minnesota;
171.19 (2) the commissioner must negotiate equal, reciprocal rates with the designated
171.20authority from the adjoining state;
171.21 (3) if the adjoining state sends more students to Minnesota than Minnesota sends to
171.22the adjoining state, the adjoining state must pay the state of Minnesota the rate
agreed
171.23upon under clause (2) for the excess number of students sent to Minnesota;
171.24 (4) if Minnesota sends more students to the adjoining state than the adjoining state
171.25sends to Minnesota, the state of Minnesota will pay the adjoining state the rate agreed
171.26upon under clause (2) for the excess number of students sent to the adjoining state;
171.27 (5) the application procedures for the enrollment options program between
171.28Minnesota and the adjoining state;
171.29 (6) the reasons for which an application for the enrollment options program between
171.30Minnesota and the adjoining state may be denied; and
171.31 (7) that a Minnesota school district is not responsible for transportation for any
171.32resident student attending school in an adjoining state under the provisions of this
section.
171.33A Minnesota school district may, at its discretion, provide transportation services
for
171.34such a student.
172.1 (b) Any agreement entered into pursuant to this section may specify additional
172.2terms relating to any student in need of special education and related services pursuant
172.3to chapter 125A
new text begin , including early childhood special education servicesnew text end . Any additional
172.4terms must apply equally to both states.
172.5
new text begin EFFECTIVE DATE.new text end new text begin This section is effective July 1, 2015.new text end
172.6 Sec. 3. Minnesota Statutes 2014, section 124D.041, subdivision 2, is amended to read:
172.7 Subd. 2.
Pupil accounting. (a) Any student from an adjoining state enrolled in
172.8Minnesota pursuant to this section is included in the receiving school district's
average
172.9daily membership and pupil units according to section
126C.05 as if the student were
172.10a resident of another Minnesota school district attending the receiving school district
172.11under section
124D.03.
172.12 (b) Any Minnesota resident student enrolled in an adjoining state pursuant to this
172.13section is included in the resident school district's average daily membership and
pupil
172.14units according to section
126C.05 as if the student were a resident of the district attending
172.15another Minnesota school district under section
124D.03.
172.16
new text begin (c) A prekindergarten child from an adjoining state whose family resides at a new text end
172.17
new text begin Minnesota address as assigned by the United States Postal Service and is receiving
early new text end
172.18
new text begin childhood special education services from a Minnesota school district is considered
new text end
172.19
new text begin enrolled in a Minnesota school district.new text end
172.20
new text begin EFFECTIVE DATE.new text end new text begin This section is effective July 1, 2015.new text end
172.21 Sec. 4. Minnesota Statutes 2014, section 124D.15, subdivision 5, is amended to read:
172.22 Subd. 5.
Services with new or existing providers. A district may contract
172.23with a charter school or community-based organization to provide eligible children
172.24developmentally appropriate services that meet the program requirements in subdivision
172.253. In the alternative, a district may pay tuition or fees to place an eligible child
in an
172.26existing program. A district may establish a new program where no existing, reasonably
172.27accessible program meets the program requirements in subdivision 3. Districts must
172.28submit a copy of each contract to the commissioner with the biennial plan. Services may
172.29be provided in a site-based program or in the home of the child or a combination of
both.
172.30The district may not restrict participation to district residents.
172.31
new text begin EFFECTIVE DATE.new text end new text begin This section is effective for fiscal year 2017 and later.new text end
172.32 Sec. 5. Minnesota Statutes 2014, section 124D.16, subdivision 2, is amended to read:
173.1 Subd. 2.
Amount of aid. (a) A district is eligible to receive school readiness aid
173.2for eligible prekindergarten pupils enrolled in a school readiness program under section
173.3124D.15
if the biennial plan required by section
124D.15, subdivision 3a, has been
173.4approved by the commissioner.
173.5(b) A district must receive school readiness aid equal to:
173.6(1) the number of four-year-old children in the district on October 1 for the previous
173.7school year times the ratio of 50 percent of the total school readiness aid for that
year to
173.8the total number of four-year-old children reported to the commissioner for the previous
173.9school year; plus
173.10(2) the number of pupils enrolled in the school district from families eligible for
the
173.11free or reduced school lunch program for the previous school year times the ratio
of
173.1250 percent of the total school readiness aid for that year to the total number of
pupils
173.13in the state from families eligible for the free or reduced school lunch program for
the
173.14previous school year.
173.15(c) For fiscal year 2015 and later, The total school readiness aid entitlement equals
173.16$12,170,000
new text begin $23,558,000 for fiscal year 2016 and $33,683,000 for fiscal year 2017 and new text end
173.17
new text begin laternew text end .
173.18 Sec. 6. Minnesota Statutes 2014, section 124D.165, subdivision 2, is amended to read:
173.19 Subd. 2.
Family eligibility. (a) For a family to receive an early learning scholarship,
173.20parents or guardians must meet the following eligibility requirements:
173.21(1) have a child three or four years of age on September 1 of the current school year,
173.22who has not yet started kindergarten; and
173.23(2) have income equal to or less than 185 percent of federal poverty level income
173.24in the current calendar year, or be able to document their child's current participation
in
173.25the free and reduced-price lunch program or child and adult care food program, National
173.26School Lunch Act, United States Code, title 42, sections 1751 and 1766; the Food
173.27Distribution Program on Indian Reservations, Food and Nutrition Act, United States
173.28Code, title 7, sections 2011-2036; Head Start under the federal Improving Head Start
for
173.29School Readiness Act of 2007; Minnesota family investment program under chapter 256J;
173.30child care assistance programs under chapter 119B; the supplemental nutrition assistance
173.31program; or placement in foster care under section
260C.212.
173.32(b) Notwithstanding the other provisions of this section, a parent under age 21 who
173.33is pursuing a high school or general education equivalency diploma is eligible for
an early
173.34learning scholarship if the parent has a child age zero to five years old and meets
the
173.35income eligibility guidelines in this subdivision.
174.1(c) Any siblings between the ages zero to five years old of a child who has been
174.2awarded a scholarship under this section must be awarded a scholarship upon request,
174.3provided the sibling attends the same program as long as funds are available.
174.4(d) A child who has received a scholarship under this section must continue to
174.5receive a scholarship each year until that child is eligible for kindergarten under
section
174.6120A.20
and as long as funds are available.
174.7(e) Early learning scholarships may not be counted as earned income for the
174.8purposes of medical assistance under chapter 256B, MinnesotaCare under chapter 256L,
174.9Minnesota family investment program under chapter 256J, child care assistance programs
174.10under chapter 119B, or Head Start under the federal Improving Head Start for School
174.11Readiness Act of 2007.
174.12
new text begin (f) A child from an adjoining state whose family resides at a Minnesota address as
new text end
174.13
new text begin assigned by the United States Postal Service, who has received developmental screening
new text end
174.14
new text begin under sections 121A.16 to 121A.19, who intends to enroll in a Minnesota school district,
new text end
174.15
new text begin and whose family meets the criteria of paragraph (a) is eligible for an early learning
new text end
174.16
new text begin scholarship under this section.new text end
174.17
new text begin EFFECTIVE DATE.new text end new text begin This section is effective July 1, 2015.new text end
174.18 Sec. 7. Minnesota Statutes 2014, section 125A.03, is amended to read:
174.19
125A.03 SPECIAL INSTRUCTION FOR CHILDREN WITH A DISABILITY.
174.20(a) As defined in paragraph (b), every district must provide special instruction and
174.21services, either within the district or in another district, for all children with
a disability,
174.22including providing required services under Code of Federal Regulations, title 34,
section
174.23300.121, paragraph (d), to those children suspended or expelled from school for more
than
174.24ten school days in that school year, who are residents of the district and who are
disabled
174.25as set forth in section
125A.02. For purposes of state and federal special education laws,
174.26the phrase "special instruction and services" in the state Education Code means a
free
174.27and appropriate public education provided to an eligible child with disabilities.
"Free
174.28appropriate public education" means special education and related services that:
174.29(1) are provided at public expense, under public supervision and direction, and
174.30without charge;
174.31(2) meet the standards of the state, including the requirements of the Individuals
174.32with Disabilities Education Act, Part B or C;
174.33(3) include an appropriate preschool, elementary school, or secondary school
174.34education; and
175.1(4) are provided to children ages three through 21 in conformity with an
175.2individualized education program that meets the requirements of the Individuals with
175.3Disabilities Education Act, subpart A, sections 300.320 to 300.324, and provided to
175.4infants and toddlers in conformity with an individualized family service plan that
meets
175.5the requirements of the Individuals with Disabilities Education Act, subpart A, sections
175.6303.300 to 303.346.
175.7(b) Notwithstanding any age limits in laws to the contrary, special instruction and
175.8services must be provided from birth until July 1 after the child with a disability
becomes
175.921 years old but shall not extend beyond secondary school or its equivalent, except
as
175.10provided in section
124D.68, subdivision 2. Local health, education, and social service
175.11agencies must refer children under age five who are known to need or suspected of
175.12needing special instruction and services to the school district. Districts with less
than the
175.13minimum number of eligible children with a disability as determined by the commissioner
175.14must cooperate with other districts to maintain a full range of programs for education
175.15and services for children with a disability. This section does not alter the compulsory
175.16attendance requirements of section
120A.22.
175.17
new text begin (c) At the board's discretion, a school district that participates in a reciprocity
new text end
175.18
new text begin agreement with a neighboring state under section 124D.041 may enroll and provide new text end
175.19
new text begin special instruction and services to a child from an adjoining state whose family resides
new text end
175.20
new text begin at a Minnesota address as assigned by the United States Postal Service if the district
has new text end
175.21
new text begin completed child identification procedures for that child to determine the child's
eligibility new text end
175.22
new text begin for special education services, and the child has received developmental screening
under new text end
175.23
new text begin sections 121A.16 to 121A.19.new text end
175.24
new text begin EFFECTIVE DATE.new text end new text begin This section is effective July 1, 2015.new text end
175.25 Sec. 8.
new text begin APPROPRIATIONS.new text end
175.26
new text begin Subdivision 1.new text end new text begin Department of Education.new text end new text begin The sums indicated in this section are new text end
175.27
new text begin appropriated from the general fund to the Department of Education for the fiscal years
new text end
175.28
new text begin designated.new text end
175.29
new text begin Subd. 2.new text end new text begin School readiness.new text end new text begin For revenue for school readiness programs under new text end
175.30
new text begin Minnesota Statutes, sections 124D.15 and 124D.16:new text end
175.31
new text begin $new text end
new text begin 22,420,000new text end
new text begin .....new text end
new text begin 2016new text end
175.32
new text begin $new text end
new text begin 32,670,000new text end
new text begin .....new text end
new text begin 2017new text end
175.33
new text begin The 2016 appropriation includes $1,217,000 for 2015 and $21,203,000 for 2016.new text end
175.34
new text begin The 2017 appropriation includes $2,355,000 for 2016 and $30,315,000 for 2017.new text end
176.1
new text begin Subd. 3.new text end new text begin Early learning scholarships.new text end new text begin For the early learning scholarship program new text end
176.2
new text begin under Minnesota Statutes, section 124D.165:new text end
176.3
new text begin $new text end
new text begin 38,184,000new text end
new text begin .....new text end
new text begin 2016new text end
176.4
new text begin $new text end
new text begin 48,384,000new text end
new text begin .....new text end
new text begin 2017new text end
176.5
new text begin Up to $950,000 each year is for administration of this program.new text end
176.6
new text begin Any balance in the first year does not cancel but is available in the second year.new text end
176.7
new text begin Subd. 4.new text end new text begin Head Start program.new text end new text begin For Head Start programs under Minnesota Statutes, new text end
176.8
new text begin section 119A.52:new text end
176.9
new text begin $new text end
new text begin 20,100,000new text end
new text begin .....new text end
new text begin 2016new text end
176.10
new text begin $new text end
new text begin 20,100,000new text end
new text begin .....new text end
new text begin 2017new text end
176.11
new text begin Subd. 5.new text end new text begin Early childhood family education aid.new text end new text begin For early childhood family new text end
176.12
new text begin education aid under Minnesota Statutes, section 124D.135:new text end
176.13
new text begin $new text end
new text begin 28,220,000new text end
new text begin .....new text end
new text begin 2016new text end
176.14
new text begin $new text end
new text begin 29,915,000new text end
new text begin .....new text end
new text begin 2017new text end
176.15
new text begin The 2016 appropriation includes $2,713,000 for 2015 and $25,507,000 for 2016.new text end
176.16
new text begin The 2017 appropriation includes $2,834,000 for 2016 and $27,081,000 for 2017.new text end
176.17
new text begin Subd. 6.new text end new text begin Developmental screening aid.new text end new text begin For developmental screening aid under new text end
176.18
new text begin Minnesota Statutes, sections 121A.17 and 121A.19:new text end
176.19
new text begin $new text end
new text begin 3,363,000new text end
new text begin .....new text end
new text begin 2016new text end
176.20
new text begin $new text end
new text begin 3,369,000new text end
new text begin .....new text end
new text begin 2017new text end
176.21
new text begin The 2016 appropriation includes $338,000 for 2015 and $3,025,000 for 2016.new text end
176.22
new text begin The 2017 appropriation includes $336,000 for 2016 and $3,033,000 for 2017.new text end
176.23
new text begin Subd. 7.new text end new text begin Parent-child home program.new text end new text begin For a grant to the parent-child home new text end
176.24
new text begin program:new text end
176.25
new text begin $new text end
new text begin 350,000new text end
new text begin .....new text end
new text begin 2016new text end
176.26
new text begin $new text end
new text begin 350,000new text end
new text begin .....new text end
new text begin 2017new text end
176.27
new text begin The grant must be used for an evidence-based and research-validated early childhood
new text end
176.28
new text begin literacy and school readiness program for children ages 16 months to four years at
its new text end
176.29
new text begin existing suburban program location. The program must include urban and rural program
new text end
176.30
new text begin locations for fiscal years 2016 and 2017. new text end
176.31
new text begin Subd. 8.new text end new text begin Kindergarten entrance assessment initiative and intervention new text end
176.32
new text begin program.new text end new text begin For the kindergarten entrance assessment initiative and intervention program new text end
176.33
new text begin under Minnesota Statutes, section 124D.162:new text end
177.1
new text begin $new text end
new text begin 281,000new text end
new text begin .....new text end
new text begin 2016new text end
177.2
new text begin $new text end
new text begin 281,000new text end
new text begin .....new text end
new text begin 2017new text end
177.3
new text begin Subd. 9.new text end new text begin Quality Rating System.new text end new text begin For transfer to the commissioner of human new text end
177.4
new text begin services for the purposes of expanding the Quality Rating and Improvement System under
new text end
177.5
new text begin Minnesota Statutes, section 124D.142, in greater Minnesota and increasing supports
for new text end
177.6
new text begin providers participating in the Quality Rating and Improvement System:new text end
177.7
new text begin $new text end
new text begin 1,200,000new text end
new text begin .....new text end
new text begin 2016new text end
177.8
new text begin $new text end
new text begin 2,300,000new text end
new text begin .....new text end
new text begin 2017new text end
177.9
new text begin Any balance in the first year does not cancel but is available in the second year.
The new text end
177.10
new text begin base for this program in fiscal year 2018 and later is $1,750,000.new text end
177.11
new text begin Subd. 10.new text end new text begin Early childhood programs at tribal schools.new text end new text begin For early childhood new text end
177.12
new text begin family education programs at tribal contract schools under Minnesota Statutes, section
new text end
177.13
new text begin 124D.83, subdivision 4:new text end
177.14
new text begin $new text end
new text begin 68,000new text end
new text begin .....new text end
new text begin 2016new text end
177.15
new text begin $new text end
new text begin 68,000new text end
new text begin .....new text end
new text begin 2017new text end
177.16
new text begin Subd. 11.new text end new text begin Educate parents partnership.new text end new text begin For the educate parents partnership under new text end
177.17
new text begin Minnesota Statutes, section 124D.129:new text end
177.18
new text begin $new text end
new text begin 49,000new text end
new text begin .....new text end
new text begin 2016new text end
177.19
new text begin $new text end
new text begin 49,000new text end
new text begin .....new text end
new text begin 2017new text end
177.20
ARTICLE 10
177.21
PREVENTION
177.22 Section 1. Minnesota Statutes 2014, section 121A.17, subdivision 3, is amended to read:
177.23 Subd. 3.
Screening program. (a) A screening program must include at least the
177.24following components: developmental assessments, hearing and vision screening or
177.25referral, immunization review and referral, the child's height and weight
new text begin , the date of the new text end
177.26
new text begin child's most recent comprehensive vision examination, if anynew text end , identification of risk factors
177.27that may influence learning, an interview with the parent about the child, and referral
for
177.28assessment, diagnosis, and treatment when potential needs are identified. The district
and
177.29the person performing or supervising the screening must provide a parent or guardian
177.30with clear written notice that the parent or guardian may decline to answer questions
177.31or provide information about family circumstances that might affect development and
177.32identification of risk factors that may influence learning. The notice must state
"Early
177.33childhood developmental screening helps a school district identify children who may
178.1benefit from district and community resources available to help in their development.
178.2Early childhood developmental screening includes a vision screening that helps detect
178.3potential eye problems but is not a substitute for a comprehensive eye exam." The
notice
178.4must clearly state that declining to answer questions or provide information does
not
178.5prevent the child from being enrolled in kindergarten or first grade if all other
screening
178.6components are met. If a parent or guardian is not able to read and comprehend the
written
178.7notice, the district and the person performing or supervising the screening must convey
178.8the information in another manner. The notice must also inform the parent or guardian
178.9that a child need not submit to the district screening program if the child's health
records
178.10indicate to the school that the child has received comparable developmental screening
178.11performed within the preceding 365 days by a public or private health care organization
or
178.12individual health care provider. The notice must be given to a parent or guardian
at the
178.13time the district initially provides information to the parent or guardian about screening
178.14and must be given again at the screening location.
178.15(b) All screening components shall be consistent with the standards of the state
178.16commissioner of health for early developmental screening programs. A developmental
178.17screening program must not provide laboratory tests or a physical examination to any
178.18child. The district must request from the public or private health care organization
or the
178.19individual health care provider the results of any laboratory test or physical examination
178.20within the 12 months preceding a child's scheduled screening.
new text begin For the purposes of this new text end
178.21
new text begin section, "comprehensive vision examination" means a vision examination performed by
new text end
178.22
new text begin an optometrist or ophthalmologist.new text end
178.23(c) If a child is without health coverage, the school district must refer the child
to an
178.24appropriate health care provider.
178.25(d) A board may offer additional components such as nutritional, physical and
178.26dental assessments, review of family circumstances that might affect development,
blood
178.27pressure, laboratory tests, and health history.
178.28(e) If a statement signed by the child's parent or guardian is submitted to the
178.29administrator or other person having general control and supervision of the school
that
178.30the child has not been screened because of conscientiously held beliefs of the parent
178.31or guardian, the screening is not required.
178.32 Sec. 2.
new text begin COMPREHENSIVE VISION EXAMINATION REPORT.new text end
178.33
new text begin By January 15, 2017, the commissioner must submit to the committees of the new text end
178.34
new text begin legislature with jurisdiction over kindergarten through grade 12 education a report
new text end
178.35
new text begin describing the number and proportion of children in each school district who report
having new text end
179.1
new text begin had a comprehensive vision examination, disaggregated by age at the time of early
new text end
179.2
new text begin childhood developmental screening under Minnesota Statutes, section 121A.17.new text end
179.3 Sec. 3.
new text begin APPROPRIATIONS.new text end
179.4
new text begin Subdivision 1.new text end new text begin Department of Education.new text end new text begin The sums indicated in this section are new text end
179.5
new text begin appropriated from the general fund to the Department of Education for the fiscal years
new text end
179.6
new text begin designated.new text end
179.7
new text begin Subd. 2.new text end new text begin Community education aid.new text end new text begin For community education aid under new text end
179.8
new text begin Minnesota Statutes, section 124D.20:new text end
179.9
new text begin $new text end
new text begin 788,000new text end
new text begin .....new text end
new text begin 2016new text end
179.10
new text begin $new text end
new text begin 554,000new text end
new text begin .....new text end
new text begin 2017new text end
179.11
new text begin The 2016 appropriation includes $107,000 for 2015 and $681,000 for 2016.new text end
179.12
new text begin The 2017 appropriation includes $75,000 for 2016 and $479,000 for 2017.new text end
179.13
new text begin Subd. 3.new text end new text begin Adults with disabilities program aid.new text end new text begin For adults with disabilities new text end
179.14
new text begin programs under Minnesota Statutes, section 124D.56:new text end
179.15
new text begin $new text end
new text begin 710,000new text end
new text begin .....new text end
new text begin 2016new text end
179.16
new text begin $new text end
new text begin 710,000new text end
new text begin .....new text end
new text begin 2017new text end
179.17
new text begin The 2016 appropriation includes $71,000 for 2015 and $639,000 for 2016.new text end
179.18
new text begin The 2017 appropriation includes $71,000 for 2016 and $639,000 for 2017.new text end
179.19
new text begin Subd. 4.new text end new text begin Hearing-impaired adults.new text end new text begin For programs for hearing-impaired adults new text end
179.20
new text begin under Minnesota Statutes, section 124D.57:new text end
179.21
new text begin $new text end
new text begin 70,000new text end
new text begin .....new text end
new text begin 2016new text end
179.22
new text begin $new text end
new text begin 70,000new text end
new text begin .....new text end
new text begin 2017new text end
179.23
new text begin Subd. 5.new text end new text begin School-age care revenue.new text end new text begin For extended day aid under Minnesota Statutes, new text end
179.24
new text begin section 124D.22:new text end
179.25
new text begin $new text end
new text begin 1,000new text end
new text begin .....new text end
new text begin 2016new text end
179.26
new text begin $new text end
new text begin 1,000new text end
new text begin .....new text end
new text begin 2017new text end
179.27
new text begin The 2016 appropriation includes $0 for 2015 and $1,000 for 2016.new text end
179.28
new text begin The 2017 appropriation includes $0 for 2016 and $1,000 for 2017.new text end
179.29
ARTICLE 11
179.30
SELF-SUFFICIENCY AND LIFELONG LEARNING
179.31 Section 1. Minnesota Statutes 2014, section 290.0671, subdivision 1, is amended to read:
180.1 Subdivision 1.
Credit allowed. (a) An individual
new text begin who is a resident of Minnesotanew text end is
180.2allowed a credit against the tax imposed by this chapter equal to a percentage of
earned
180.3income. To receive a credit, a taxpayer must be eligible for a credit under section
32 of the
180.4Internal Revenue Code.
180.5(b) For individuals with no qualifying children, the credit equals 2.10 percent of
the
180.6first $6,180 of earned income. The credit is reduced by 2.01 percent of earned income
180.7or adjusted gross income, whichever is greater, in excess of $8,130, but in no case
is
180.8the credit less than zero.
180.9(c) For individuals with one qualifying child, the credit equals 9.35 percent of the
180.10first $11,120 of earned income. The credit is reduced by 6.02 percent of earned income
180.11or adjusted gross income, whichever is greater, in excess of $21,190, but in no case
is
180.12the credit less than zero.
180.13(d) For individuals with two or more qualifying children, the credit equals 11 percent
180.14of the first $18,240 of earned income. The credit is reduced by 10.82 percent of earned
180.15income or adjusted gross income, whichever is greater, in excess of $25,130, but in
no
180.16case is the credit less than zero.
180.17(e) For a nonresident or part-year resident, the credit must be allocated based on the
180.18percentage calculated under section
290.06, subdivision 2c, paragraph (e).
180.19(f) For a person who was a resident for the entire tax year and has earned income
180.20not subject to tax under this chapter, including income excluded under section
290.01,
180.21subdivision 19b
, clause (9), the credit must be allocated based on the ratio of federal
180.22adjusted gross income reduced by the earned income not subject to tax under this chapter
180.23over federal adjusted gross income. For purposes of this paragraph, the subtractions
180.24for military pay under section
290.01, subdivision 19b, clauses (10) and (11), are not
180.25considered "earned income not subject to tax under this chapter."
180.26For the purposes of this paragraph, the exclusion of combat pay under section 112
180.27of the Internal Revenue Code is not considered "earned income not subject to tax under
180.28this chapter."
180.29(g) For tax years beginning after December 31, 2007, and before December 31,
180.302010, and for tax years beginning after December 31, 2017, the $8,130 in paragraph
(b),
180.31the $21,190 in paragraph (c), and the $25,130 in paragraph (d), after being adjusted
for
180.32inflation under subdivision 7, are each increased by $3,000 for married taxpayers
filing joint
180.33returns. For tax years beginning after December 31, 2008, the commissioner shall annually
180.34adjust the $3,000 by the percentage determined pursuant to the provisions of section
1(f)
180.35of the Internal Revenue Code, except that in section 1(f)(3)(B), the word "2007" shall
be
180.36substituted for the word "1992." For 2009, the commissioner shall then determine the
181.1percent change from the 12 months ending on August 31, 2007, to the 12 months ending
on
181.2August 31, 2008, and in each subsequent year, from the 12 months ending on August
31,
181.32007, to the 12 months ending on August 31 of the year preceding the taxable year.
The
181.4earned income thresholds as adjusted for inflation must be rounded to the nearest
$10. If the
181.5amount ends in $5, the amount is rounded up to the nearest $10. The determination
of the
181.6commissioner under this subdivision is not a rule under the Administrative Procedure
Act.
181.7(h)(1) For tax years beginning after December 31, 2012, and before January 1, 2014,
181.8the $5,770 in paragraph (b), the $15,080 in paragraph (c), and the $17,890 in paragraph
(d),
181.9after being adjusted for inflation under subdivision 7, are increased by $5,340 for
married
181.10taxpayers filing joint returns; and (2) for tax years beginning after December 31,
2013, and
181.11before January 1, 2018, the $8,130 in paragraph (b), the $21,190 in paragraph (c),
and the
181.12$25,130 in paragraph (d), after being adjusted for inflation under subdivision 7,
are each
181.13increased by $5,000 for married taxpayers filing joint returns. For tax years beginning
181.14after December 31, 2010, and before January 1, 2012, and for tax years beginning after
181.15December 31, 2013, and before January 1, 2018, the commissioner shall annually adjust
181.16the $5,000 by the percentage determined pursuant to the provisions of section 1(f)
of
181.17the Internal Revenue Code, except that in section 1(f)(3)(B), the word "2008" shall
be
181.18substituted for the word "1992." For 2011, the commissioner shall then determine the
181.19percent change from the 12 months ending on August 31, 2008, to the 12 months ending
on
181.20August 31, 2010, and in each subsequent year, from the 12 months ending on August
31,
181.212008, to the 12 months ending on August 31 of the year preceding the taxable year.
The
181.22earned income thresholds as adjusted for inflation must be rounded to the nearest
$10. If the
181.23amount ends in $5, the amount is rounded up to the nearest $10. The determination
of the
181.24commissioner under this subdivision is not a rule under the Administrative Procedure
Act.
181.25(i) The commissioner shall construct tables showing the amount of the credit at
181.26various income levels and make them available to taxpayers. The tables shall follow
181.27the schedule contained in this subdivision, except that the commissioner may graduate
181.28the transition between income brackets.
181.29
new text begin EFFECTIVE DATE.new text end new text begin This section is effective for taxable years beginning after new text end
181.30
new text begin December 31, 2014.new text end
181.31 Sec. 2. Minnesota Statutes 2014, section 290.0671, subdivision 6a, is amended to read:
181.32 Subd. 6a.
TANF appropriation for working family credit expansion. (a) On
181.33an annual basis the commissioner of revenue, with the assistance of the commissioner
181.34of human services, shall calculate the value of the refundable portion of the Minnesota
181.35Working Family Credit provided under this section that qualifies for payment with
funds
182.1from the federal Temporary Assistance for Needy Families (TANF) block grant. Of this
182.2total amount, the commissioner of revenue shall estimate the portion entailed by the
182.3expansion of the credit rates
new text begin provided in Laws 2000, chapter 490, article 4, section 17, new text end
182.4for individuals with qualifying children over the rates provided in Laws 1999, chapter
182.5243, article 2, section 12.
182.6(b) An amount sufficient to pay the refunds entailed by the expansion of the credit
182.7rates
new text begin provided in Laws 2000, chapter 490, article 4, section 17, new text end for individuals with
182.8qualifying children over the rates provided in Laws 1999, chapter 243, article 2,
section
182.912, as estimated in paragraph (a), is appropriated to the commissioner of human services
182.10from the federal Temporary Assistance for Needy Families (TANF) block grant funds,
for
182.11transfer to the commissioner of revenue for deposit in the general fund.
182.12
new text begin EFFECTIVE DATE.new text end new text begin This section is effective retroactively for transfers in fiscal new text end
182.13
new text begin year 2015 and thereafter.new text end
182.14 Sec. 3.
new text begin APPROPRIATIONS.new text end
182.15
new text begin Subdivision 1.new text end new text begin Department of Education.new text end new text begin The sums indicated in this section are new text end
182.16
new text begin appropriated from the general fund to the Department of Education for the fiscal years
new text end
182.17
new text begin designated.new text end
182.18
new text begin Subd. 2.new text end new text begin Adult basic education aid.new text end new text begin For adult basic education aid under Minnesota new text end
182.19
new text begin Statutes, section 124D.531:new text end
182.20
new text begin $new text end
new text begin 49,118,000new text end
new text begin .....new text end
new text begin 2016new text end
182.21
new text begin $new text end
new text begin 50,592,000new text end
new text begin .....new text end
new text begin 2017new text end
182.22
new text begin The 2016 appropriation includes $4,782,000 for 2015 and $44,336,000 for 2016.new text end
182.23
new text begin The 2017 appropriation includes $4,926,000 for 2016 and $45,666,000 for 2017.new text end
182.24
new text begin Subd. 3.new text end new text begin GED tests.new text end new text begin For payment of 60 percent of the costs of GED tests under new text end
182.25
new text begin Minnesota Statutes, section 124D.55:new text end
182.26
new text begin $new text end
new text begin 125,000new text end
new text begin .....new text end
new text begin 2016new text end
182.27
new text begin $new text end
new text begin 125,000new text end
new text begin .....new text end
new text begin 2017new text end
182.28
ARTICLE 12
182.29
STATE AGENCIES
182.30 Section 1. Minnesota Statutes 2014, section 5A.03, is amended to read:
182.31
5A.03 ORGANIZATION APPLICATION FOR REGISTRATION.
183.1
new text begin Subdivision 1.new text end new text begin Placing high school students in Minnesota.new text end (a) An application for
183.2registration as an international student exchange visitor placement organization must
be
183.3submitted in the form prescribed by the secretary of state. The application must include:
183.4(1) evidence that the organization meets the standards established by the secretary
of
183.5state by rule;
183.6(2) the name, address, and telephone number of the organization, its chief executive
183.7officer, and the person within the organization who has primary responsibility for
183.8supervising placements within the state;
183.9(3) the organization's unified business identification number, if any;
183.10(4) the organization's Office of Exchange Coordination and Designation, United
183.11States Department of State number, if any;
183.12(5) evidence of Council on Standards for International Educational Travel listing,
if
183.13any;
183.14(6) whether the organization is exempt from federal income tax; and
183.15(7) a list of the organization's placements in Minnesota for the previous academic
183.16year including the number of students placed, their home countries, the school districts
in
183.17which they were placed, and the length of their placements.
183.18(b) The application must be signed by the chief executive officer of the organization
183.19and the person within the organization who has primary responsibility for supervising
183.20placements within Minnesota. If the secretary of state determines that the application
is
183.21complete, the secretary of state shall file the application and the applicant is registered.
183.22(c) Organizations that have registered shall inform the secretary of state of any
183.23changes in the information required under paragraph (a), clause (1), within 30 days
of the
183.24change. There is no fee to amend a registration.
183.25(d) Registration under this chapter is valid for one year. The registration may be
183.26renewed annually. The fee to renew a registration is $50 per year.
183.27(e) Organizations registering for the first time in Minnesota must pay an initial
183.28registration fee of $150.
183.29(f) Fees collected by the secretary of state under this section must be deposited
in the
183.30state treasury and credited to the general fund.
183.31
new text begin Subd. 2.new text end new text begin Placing Minnesota students in travel abroad programs.new text end new text begin (a) A school new text end
183.32
new text begin district or charter school with enrolled students who participate in a foreign exchange
or new text end
183.33
new text begin study or other travel abroad program under a written agreement between the district
or new text end
183.34
new text begin charter school and the program provider must use a form developed by the Department
new text end
183.35
new text begin of Education to annually report to the department by November 1 the following data
new text end
183.36
new text begin from the previous school year:new text end
184.1
new text begin (1) the number of Minnesota student deaths that occurred while Minnesota students
new text end
184.2
new text begin were participating in the foreign exchange or study or other travel abroad program
and new text end
184.3
new text begin that resulted from Minnesota students participating in the program;new text end
184.4
new text begin (2) the number of Minnesota students hospitalized due to accidents and the illnesses
new text end
184.5
new text begin that occurred while Minnesota students were participating in the foreign exchange
or study new text end
184.6
new text begin or other travel abroad program and that resulted from Minnesota students participating
new text end
184.7
new text begin in the program; andnew text end
184.8
new text begin (3) the name and type of the foreign exchange or study or other travel abroad new text end
184.9
new text begin program and the city or region where the reported death, hospitalization due to accident,
new text end
184.10
new text begin or the illness occurred.new text end
184.11
new text begin (b) School districts and charter schools must ask but must not require enrolled new text end
184.12
new text begin eligible students and the parents or guardians of other enrolled students who complete
new text end
184.13
new text begin a foreign exchange or study or other travel abroad program to disclose the information
new text end
184.14
new text begin under paragraph (a).new text end
184.15
new text begin (c) When reporting the data under paragraph (a), a school district or charter school
new text end
184.16
new text begin may supplement the data with a brief explanatory statement. The Department of Education
new text end
184.17
new text begin annually must aggregate and publish the reported data on the department Web site in
new text end
184.18
new text begin a format that facilitates public access to the aggregated data and include links to
both new text end
184.19
new text begin the United States Department of State's Consular Information Program that informs
the new text end
184.20
new text begin public of conditions abroad that may affect students' safety and security and the
publicly new text end
184.21
new text begin available reports on sexual assaults and other criminal acts affecting students participating
new text end
184.22
new text begin in a foreign exchange or study or other travel abroad program.new text end
184.23
new text begin (d) School districts and charter schools with enrolled students who participate in
new text end
184.24
new text begin foreign exchange or study or other travel abroad programs under a written agreement
new text end
184.25
new text begin between the district or charter school and the program provider are encouraged to
adopt new text end
184.26
new text begin policies supporting the programs and to include program standards in their policies
to new text end
184.27
new text begin ensure students' health and safety.new text end
184.28
new text begin (e) To be eligible under this subdivision to provide a foreign exchange or study or
new text end
184.29
new text begin other travel abroad program to Minnesota students enrolled in a school district or
charter new text end
184.30
new text begin school, a program provider annually must register with the secretary of state and
provide new text end
184.31
new text begin the following information on a form developed by the secretary of state: the name,
new text end
184.32
new text begin address, and telephone number of the program provider, its chief executive officer,
and new text end
184.33
new text begin the person within the provider's organization who is primarily responsible for supervising
new text end
184.34
new text begin programs within the state; the program provider's unified business identification
number, new text end
184.35
new text begin if any; whether the program provider is exempt from federal income tax; a list of
the new text end
184.36
new text begin program provider's placements in foreign countries for the previous school year including
new text end
185.1
new text begin the number of Minnesota students placed, where Minnesota students were placed, and
new text end
185.2
new text begin the length of their placement; the terms and limits of the medical and accident insurance
new text end
185.3
new text begin available to cover participating students and the process for filing a claim; and
the new text end
185.4
new text begin signatures of the program provider's chief executive officer and the person primarily
new text end
185.5
new text begin responsible for supervising Minnesota students' placements in foreign countries. If
the new text end
185.6
new text begin secretary of state determines the registration is complete, the secretary of state
shall file the new text end
185.7
new text begin registration and the program provider is registered. Registration with the secretary
of state new text end
185.8
new text begin must not be considered or represented as an endorsement of the program provider by
the new text end
185.9
new text begin secretary of state. The secretary of state annually must publish on its Web site aggregated
new text end
185.10
new text begin data under paragraph (c) received from the Department of Education.new text end
185.11
new text begin (f) Program providers, annually by August 1, must provide the data required under
new text end
185.12
new text begin paragraph (a), clauses (1) to (3), to the districts and charter schools with enrolled
students new text end
185.13
new text begin participating in the provider's program.new text end
185.14
new text begin (g) The Department of Education must publish the information it has under new text end
185.15
new text begin paragraph (c), but it is not responsible for any errors or omissions in the information
new text end
185.16
new text begin provided to it by a school district or charter school. A school district or charter
school is new text end
185.17
new text begin not responsible for omissions in the information provided to it by students and programs.new text end
185.18
new text begin EFFECTIVE DATE.new text end new text begin This section is effective for the 2015-2016 school year and new text end
185.19
new text begin later.new text end
185.20 Sec. 9. Minnesota Statutes 2014, section 127A.353, subdivision 2, is amended to read:
185.21 Subd. 2.
Qualifications. The governor shall select the school trust lands director on
185.22the basis of outstanding professional qualifications and knowledge of finance, business
185.23practices, minerals, forest and real estate management, and the fiduciary responsibilities
185.24of a trustee to the beneficiaries of a trust. The school trust lands director serves
in the
185.25unclassified service for a term of four years. The first term shall end on December
31,
185.262016
new text begin 2020new text end . The governor may remove the school trust lands director for cause. If a
185.27director resigns or is removed for cause, the governor shall appoint a director for
the
185.28remainder of the term.
185.29 Sec. 4.
new text begin APPROPRIATIONS; DEPARTMENT OF EDUCATION.new text end
185.30
new text begin Subdivision 1.new text end new text begin Department of Education.new text end new text begin Unless otherwise indicated, the sums new text end
185.31
new text begin indicated in this section are appropriated from the general fund to the Department
of new text end
185.32
new text begin Education for the fiscal years designated.new text end
185.33
new text begin Subd. 2.new text end new text begin Department.new text end new text begin (a) For the Department of Education:new text end
186.1
new text begin $ new text end
new text begin 20,805,000new text end
new text begin .....new text end
new text begin 2016new text end
186.2
new text begin $ new text end
new text begin 21,253,000new text end
new text begin .....new text end
new text begin 2017new text end
186.3
new text begin Of these amounts: new text end
186.4
new text begin (1) $718,000 each year is for the Board of Teaching;new text end
186.5
new text begin (2) $228,000 in fiscal year 2016 and $231,000 in fiscal year 2017 are for the Board
new text end
186.6
new text begin of School Administrators;new text end
186.7
new text begin (3) $1,000,000 each year is for Regional Centers of Excellence under Minnesota new text end
186.8
new text begin Statutes, section 120B.115;new text end
186.9
new text begin (4) $500,000 each year is for the School Safety Technical Assistance Center under
new text end
186.10
new text begin Minnesota Statutes, section 127A.052; andnew text end
186.11
new text begin (5) $250,000 each year is for the School Finance Division to enhance financial new text end
186.12
new text begin data analysis.new text end
186.13
new text begin (b) Any balance in the first year does not cancel but is available in the second year.
new text end
186.14
new text begin (c) None of the amounts appropriated under this subdivision may be used for new text end
186.15
new text begin Minnesota's Washington, D.C. office.new text end
186.16
new text begin (d) The expenditures of federal grants and aids as shown in the biennial budget new text end
186.17
new text begin document and its supplements are approved and appropriated and shall be spent as new text end
186.18
new text begin indicated.new text end
186.19
new text begin (e) This appropriation includes funds for information technology project services
and new text end
186.20
new text begin support subject to the provisions of Minnesota Statutes, section 16E.0466. Any ongoing
new text end
186.21
new text begin information technology costs will be incorporated into the service level agreement
and new text end
186.22
new text begin will be paid to the Office of MN.IT Services by the Department of Education under
the new text end
186.23
new text begin rates and mechanism specified in that agreement.new text end
186.24
new text begin (f) The agency's base budget in fiscal year 2018 is $21,427,000. The agency's base
new text end
186.25
new text begin budget in fiscal year 2019 is $21,405,000.new text end
186.26 Sec. 5.
new text begin APPROPRIATIONS; MINNESOTA STATE ACADEMIES.new text end
186.27
new text begin (a) The sums indicated in this section are appropriated from the general fund to the
new text end
186.28
new text begin Minnesota State Academies for the Deaf and the Blind for the fiscal years designated:new text end
186.29
new text begin $new text end
new text begin 12,853,000new text end
new text begin .....new text end
new text begin 2016new text end
186.30
new text begin $new text end
new text begin 12,819,000new text end
new text begin .....new text end
new text begin 2017new text end
186.31
new text begin (b) Of the amounts appropriated in paragraph (a), $708,000 in fiscal year 2016 and
new text end
186.32
new text begin $490,000 in fiscal year 2017 are for technology enhancements and may be used for:
new text end
186.33
new text begin (1) computer hardware; (2) computer software; (3) connectivity, communications, and
new text end
186.34
new text begin infrastructure; (4) assistive technology; (5) access to electronic books and other
online new text end
186.35
new text begin materials, licenses, and subscriptions; and (6) technology staff and training costs.new text end
187.1
new text begin (c) Any balance in the first year does not cancel but is available in the second year.new text end
187.2
new text begin (d) The agency's budget base in fiscal year 2018 is $12,804,000.new text end
187.3
new text begin (e) The agency's budget base in fiscal year 2019 is $12,786,000.new text end
187.4 Sec. 6.
new text begin APPROPRIATIONS; PERPICH CENTER FOR ARTS EDUCATION.new text end
187.5
new text begin (a) The sums in this section are appropriated from the general fund to the Perpich
new text end
187.6
new text begin Center for Arts Education for the fiscal years designated:new text end
187.7
new text begin $new text end
new text begin 6,872,000new text end
new text begin .....new text end
new text begin 2016new text end
187.8
new text begin $new text end
new text begin 6,973,000new text end
new text begin .....new text end
new text begin 2017new text end
187.9
new text begin (b) Any balance in the first year does not cancel but is available in the second year.new text end
187.10
ARTICLE 13
187.11
FORECAST ADJUSTMENTS
187.12
A. GENERAL EDUCATION
187.13 Section 1. Laws 2013, chapter 116, article 1, section 58, subdivision 2, as amended
187.14by Laws 2013, chapter 144, section 7, and Laws 2014, chapter 312, article 15, section
187.1526, is amended to read:
187.16 Subd. 2.
General education aid. For general education aid under Minnesota
187.17Statutes, section
126C.13, subdivision 4:
187.18
$
6,851,419,000
.....
2014
187.19
187.20
$
6,464,199,000
new text begin 6,443,330,000new text end
.....
2015
187.21The 2014 appropriation includes $780,156,000 for 2013 and $6,071,263,000 for
187.222014.
187.23The 2015 appropriation includes $589,095,000
new text begin $586,824,000new text end for 2014 and
187.24$5,875,104,000
new text begin $5,856,506,000new text end for 2015.
187.25 Sec. 2. Laws 2013, chapter 116, article 1, section 58, subdivision 3, as amended by
187.26Laws 2014, chapter 312, article 22, section 1, is amended to read:
187.27 Subd. 3.
Enrollment options transportation. For transportation of pupils attending
187.28postsecondary institutions under Minnesota Statutes, section
124D.09, or for transportation
187.29of pupils attending nonresident districts under Minnesota Statutes, section
124D.03:
187.30
$
37,000
.....
2014
187.31
187.32
$
40,000
new text begin 36,000new text end
.....
2015
188.1 Sec. 3. Laws 2013, chapter 116, article 1, section 58, subdivision 4, as amended by
188.2Laws 2014, chapter 312, article 22, section 2, is amended to read:
188.3 Subd. 4.
Abatement revenue. For abatement aid under Minnesota Statutes, section
188.4127A.49
:
188.5
$
2,876,000
.....
2014
188.6
188.7
$
3,103,000
new text begin 2,796,000new text end
.....
2015
188.8The 2014 appropriation includes $301,000 for 2013 and $2,575,000 for 2014.
188.9The 2015 appropriation includes $286,000 for 2014 and $2,817,000
new text begin $2,510,000 new text end
188.10for 2015.
188.11 Sec. 4. Laws 2013, chapter 116, article 1, section 58, subdivision 5, as amended by
188.12Laws 2014, chapter 312, article 22, section 3, is amended to read:
188.13 Subd. 5.
Consolidation transition. For districts consolidating under Minnesota
188.14Statutes, section
123A.485:
188.15
$
585,000
.....
2014
188.16
188.17
$
254,000
new text begin 263,000new text end
.....
2015
188.18The 2014 appropriation includes $40,000 for 2013 and $545,000 for 2014.
188.19The 2015 appropriation includes $60,000 for 2014 and $194,000
new text begin $203,000new text end for 2015.
188.20 Sec. 5. Laws 2013, chapter 116, article 1, section 58, subdivision 6, as amended by
188.21Laws 2014, chapter 312, article 15, section 27, is amended to read:
188.22 Subd. 6.
Nonpublic pupil education aid. For nonpublic pupil education aid under
188.23Minnesota Statutes, sections
123B.40 to
123B.43 and
123B.87:
188.24
$
15,867,000
.....
2014
188.25
188.26
$
16,132,000
new text begin 15,569,000new text end
.....
2015
188.27The 2014 appropriation includes $1,898,000 for 2013 and $13,969,000 for 2014.
188.28The 2015 appropriation includes $1,552,000
new text begin $1,394,000new text end for 2014 and $14,580,000
188.29
new text begin $14,175,000new text end for 2015.
188.30 Sec. 6. Laws 2013, chapter 116, article 1, section 58, subdivision 7, as amended by
188.31Laws 2014, chapter 312, article 15, section 28, is amended to read:
188.32 Subd. 7.
Nonpublic pupil transportation. For nonpublic pupil transportation aid
188.33under Minnesota Statutes, section
123B.92, subdivision 9:
189.1
$
18,500,000
.....
2014
189.2
189.3
$
17,710,000
new text begin 18,118,000new text end
.....
2015
189.4The 2014 appropriation includes $2,602,000 for 2013 and $15,898,000 for 2014.
189.5The 2015 appropriation includes $1,766,000 for 2014 and $15,944,000
new text begin $16,352,000 new text end
189.6for 2015.
189.7 Sec. 7. Laws 2013, chapter 116, article 1, section 58, subdivision 11, as amended by
189.8Laws 2014, chapter 312, article 22, section 4, is amended to read:
189.9 Subd. 11.
Career and technical aid. For career and technical aid under Minnesota
189.10Statutes, section
124D.4531, subdivision 1b:
189.11
$
3,959,000
.....
2014
189.12
189.13
$
5,172,000
new text begin 5,617,000new text end
.....
2015
189.14The 2014 appropriation includes $0 for 2013 and $3,959,000 for 2014.
189.15The 2015 appropriation includes $439,000
new text begin $445,000new text end for 2014 and $4,733,000
189.16
new text begin $5,172,000new text end for 2015.
189.17
B. EDUCATION EXCELLENCE
189.18 Sec. 8. Laws 2013, chapter 116, article 3, section 37, subdivision 3, as amended by
189.19Laws 2014, chapter 312, article 22, section 5, is amended to read:
189.20 Subd. 3.
Achievement and integration aid. For achievement and integration aid
189.21under Minnesota Statutes, section
124D.862:
189.22
$
55,609,000
.....
2014
189.23
189.24
$
62,692,000
new text begin 63,831,000new text end
.....
2015
189.25The 2014 appropriation includes $0 for 2013 and $55,609,000 for 2014.
189.26The 2015 appropriation includes $6,178,000
new text begin $6,386,000new text end for 2014 and $56,514,000
189.27
new text begin $57,445,000new text end for 2015.
189.28 Sec. 9. Laws 2013, chapter 116, article 3, section 37, subdivision 4, as amended by
189.29Laws 2014, chapter 312, article 22, section 6, is amended to read:
189.30 Subd. 4.
Literacy incentive aid. For literacy incentive aid under Minnesota
189.31Statutes, section
124D.98:
189.32
$
50,998,000
.....
2014
189.33
189.34
$
47,458,000
new text begin 44,839,000new text end
.....
2015
190.1The 2014 appropriation includes $6,607,000 for 2013 and $44,391,000 for 2014.
190.2The 2015 appropriation includes $4,932,000 for 2014 and $42,526,000
new text begin $39,907,000 new text end
190.3for 2015.
190.4 Sec. 10. Laws 2013, chapter 116, article 3, section 37, subdivision 5, as amended by
190.5Laws 2014, chapter 312, article 22, section 7, is amended to read:
190.6 Subd. 5.
Interdistrict desegregation or integration transportation grants. For
190.7interdistrict desegregation or integration transportation grants under Minnesota Statutes,
190.8section
124D.87:
190.9
$
13,521,000
.....
2014
190.10
190.11
$
14,248,000
new text begin 14,261,000new text end
.....
2015
190.12 Sec. 11. Laws 2013, chapter 116, article 3, section 37, subdivision 20, as amended by
190.13Laws 2013, chapter 144, section 10, and Laws 2014, chapter 312, article 22, section
9,
190.14is amended to read:
190.15 Subd. 20.
Alternative compensation. For alternative teacher compensation aid
190.16under Minnesota Statutes, section
122A.415, subdivision 4:
190.17
190.18
$
71,599,000
new text begin 69,899,000new text end
.....
2015
190.19The 2015 appropriation includes $0 for 2014 and $71,599,000
new text begin $69,899,000new text end for 2015.
190.20
C. CHARTER SCHOOLS
190.21 Sec. 12. Laws 2013, chapter 116, article 4, section 9, subdivision 2, as amended by
190.22Laws 2014, chapter 312, article 22, section 10, is amended to read:
190.23 Subd. 2.
Charter school building lease aid. For building lease aid under Minnesota
190.24Statutes, section
124D.11, subdivision 4:
190.25
$
54,625,000
.....
2014
190.26
190.27
$
58,294,000
new text begin 59,565,000new text end
.....
2015
190.28The 2014 appropriation includes $6,681,000 for 2013 and $47,944,000 for 2014.
190.29The 2015 appropriation includes $5,327,000
new text begin $5,270,000new text end for 2014 and $52,967,000
190.30
new text begin $54,295,000new text end for 2015.
190.31
D. SPECIAL PROGRAMS
191.1 Sec. 13. Laws 2013, chapter 116, article 5, section 31, subdivision 2, as amended by
191.2Laws 2013, chapter 144, section 14, and Laws 2014, chapter 312, article 22, section
191.311, is amended to read:
191.4 Subd. 2.
Special education; regular. For special education aid under Minnesota
191.5Statutes, section
125A.75:
191.6
$
1,038,465,000
.....
2014
191.7
191.8
$
1,111,641,000
new text begin 1,109,144,000new text end
.....
2015
191.9The 2014 appropriation includes $118,183,000 for 2013 and $920,282,000 for 2014.
191.10The 2015 appropriation includes $129,549,000
new text begin $129,317,000new text end for 2014 and
191.11$982,092,000
new text begin $979,827,000new text end for 2015.
191.12 Sec. 14. Laws 2013, chapter 116, article 5, section 31, subdivision 3, as amended by
191.13Laws 2014, chapter 312, article 22, section 12, is amended to read:
191.14 Subd. 3.
Aid for children with disabilities. For aid under Minnesota Statutes,
191.15section
125A.75, subdivision 3, for children with disabilities placed in residential facilities
191.16within the district boundaries for whom no district of residence can be determined:
191.17
$
1,548,000
.....
2014
191.18
191.19
$
1,674,000
new text begin 1,367,000new text end
.....
2015
191.20If the appropriation for either year is insufficient, the appropriation for the other
191.21year is available.
191.22 Sec. 15. Laws 2013, chapter 116, article 5, section 31, subdivision 4, as amended by
191.23Laws 2014, chapter 312, article 22, section 13, is amended to read:
191.24 Subd. 4.
Travel for home-based services. For aid for teacher travel for home-based
191.25services under Minnesota Statutes, section
125A.75, subdivision 1:
191.26
$
351,000
.....
2014
191.27
191.28
$
346,000
new text begin 351,000new text end
.....
2015
191.29The 2014 appropriation includes $45,000 for 2013 and $306,000 for 2014.
191.30The 2015 appropriation includes $33,000 for 2014 and $313,000
new text begin $318,000new text end for 2015.
191.31
E. FACILITIES AND TECHNOLOGY
191.32 Sec. 16. Laws 2013, chapter 116, article 6, section 12, subdivision 2, as amended by
191.33Laws 2014, chapter 312, article 22, section 15, is amended to read:
192.1 Subd. 2.
Health and safety revenue. For health and safety aid according to
192.2Minnesota Statutes, section
123B.57, subdivision 5:
192.3
$
471,000
.....
2014
192.4
192.5
$
651,000
new text begin 649,000new text end
.....
2015
192.6The 2014 appropriation includes $24,000 for 2013 and $447,000 for 2014.
192.7The 2015 appropriation includes $49,000 for 2014 and $602,000
new text begin $600,000new text end for 2015.
192.8 Sec. 17. Laws 2013, chapter 116, article 6, section 12, subdivision 6, as amended by
192.9Laws 2014, chapter 312, article 22, section 18, is amended to read:
192.10 Subd. 6.
Deferred maintenance aid. For deferred maintenance aid, according to
192.11Minnesota Statutes, section
123B.591, subdivision 4:
192.12
$
3,877,000
.....
2014
192.13
192.14
$
4,024,000
new text begin 4,067,000new text end
.....
2015
192.15The 2014 appropriation includes $475,000 for 2013 and $3,402,000 for 2014.
192.16The 2015 appropriation includes $378,000 for 2014 and $3,646,000
new text begin $3,689,000 new text end
192.17for 2015.
192.18
F. NUTRITION AND LIBRARIES
192.19 Sec. 18. Laws 2013, chapter 116, article 7, section 21, subdivision 2, as amended by
192.20Laws 2014, chapter 312, article 19, section 5, is amended to read:
192.21 Subd. 2.
School lunch. For school lunch aid according to Minnesota Statutes,
192.22section
124D.111, and Code of Federal Regulations, title 7, section
210.17:
192.23
$
12,417,000
.....
2014
192.24
192.25
$
16,185,000
new text begin 15,506,000new text end
.....
2015
192.26 Sec. 19. Laws 2013, chapter 116, article 7, section 21, subdivision 3, as amended by
192.27Laws 2014, chapter 312, article 19, section 6, is amended to read:
192.28 Subd. 3.
School breakfast. For traditional school breakfast aid under Minnesota
192.29Statutes, section
124D.1158:
192.30
$
5,308,000
.....
2014
192.31
192.32
$
6,176,000
new text begin 9,168,000new text end
.....
2015
193.1 Sec. 20. Laws 2013, chapter 116, article 7, section 21, subdivision 4, as amended by
193.2Laws 2014, chapter 312, article 22, section 19, is amended to read:
193.3 Subd. 4.
Kindergarten milk. For kindergarten milk aid under Minnesota Statutes,
193.4section
124D.118:
193.5
$
992,000
.....
2014
193.6
193.7
$
1,002,000
new text begin 942,000new text end
.....
2015
193.8
G. EARLY CHILDHOOD EDUCATION, SELF-SUFFICIENCY,
193.9
AND LIFELONG LEARNING
193.10 Sec. 21. Laws 2013, chapter 116, article 8, section 5, subdivision 3, as amended by
193.11Laws 2014, chapter 312, article 20, section 17, is amended to read:
193.12 Subd. 3.
Early childhood family education aid. For early childhood family
193.13education aid under Minnesota Statutes, section
124D.135:
193.14
$
22,797,000
.....
2014
193.15
193.16
$
26,651,000
new text begin 26,623,000new text end
.....
2015
193.17 The 2014 appropriation includes $3,008,000 for 2013 and $19,789,000 for 2014.
193.18 The 2015 appropriation includes $2,198,000 for 2014 and $24,453,000
new text begin $24,425,000 new text end
193.19for 2015.
193.20 Sec. 22. Laws 2013, chapter 116, article 8, section 5, subdivision 4, as amended by
193.21Laws 2014, chapter 312, article 22, section 23, is amended to read:
193.22 Subd. 4.
Health and developmental screening aid. For health and developmental
193.23screening aid under Minnesota Statutes, sections
121A.17 and
121A.19:
193.24
$
3,524,000
.....
2014
193.25
193.26
$
3,330,000
new text begin 3,390,000new text end
.....
2015
193.27The 2014 appropriation includes $471,000 for 2013 and $3,053,000 for 2014.
193.28The 2015 appropriation includes $339,000 for 2014 and $2,991,000
new text begin $3,051,000 new text end
193.29for 2015.
193.30 Sec. 23. Laws 2013, chapter 116, article 8, section 5, subdivision 14, as amended by
193.31Laws 2014, chapter 312, article 20, section 20, is amended to read:
193.32 Subd. 14.
Adult basic education aid. For adult basic education aid under
193.33Minnesota Statutes, section
124D.531:
194.1
$
48,776,000
.....
2014
194.2
194.3
$
48,415,000
new text begin 47,750,000new text end
.....
2015
194.4The 2014 appropriation includes $6,278,000 for 2013 and $42,498,000 for 2014.
194.5The 2015 appropriation includes $4,722,000
new text begin $4,712,000new text end for 2014 and $43,693,000
194.6
new text begin $43,038,000new text end for 2015."
194.7Amend the title as follows:
194.8Page 1, delete lines 2 to 7 and insert "relating to state government; providing
194.9for funding and policy in early childhood, kindergarten through grade 12, and adult
194.10education, including general education, education excellence, standards and assessments,
194.11charter schools, special education, facilities and technology, nutrition and accounting,
194.12libraries, early childhood education, prevention, self-sufficiency and lifelong learning,
194.13state agencies, and forecast adjustments; modifying an income tax credit; modifying
a
194.14sales tax exemption; requiring rulemaking; requiring reports; appropriating money;"
194.15Correct the title numbers accordingly
We request the adoption of this report and repassage of the bill.
House Conferees:
.....
.....
Jenifer Loon
Sondra Erickson
.....
.....
Ron Kresha
Bob Dettmer
.....
Roz Peterson
Senate Conferees:
.....
.....
Charles W. Wiger
Alice M. Johnson
.....
.....
LeRoy A. Stumpf
Kevin L. Dahle
.....
Eric R. Pratt