1.1 	A bill for an act
1.2 	relating to education; providing for prekindergarten through grade 12 education, 
1.3 	including general education, education excellence, teachers, special education, 
1.4 	nutrition, and libraries;amending Minnesota Statutes 2016, sections 120A.22, 
1.5 	subdivision 9; 120A.41; 120B.021, subdivisions 1, 3; 120B.022, subdivision 1b; 
1.6 	120B.232, subdivision 1; 120B.30, subdivision 1; 120B.31, subdivision 4, by 
1.7 	adding a subdivision; 120B.35, subdivision 3; 120B.36, subdivision 1; 121A.22, 
1.8 	subdivision 2; 121A.221; 122A.09, subdivision 4a; 122A.415, subdivision 4; 
1.9 	123B.52, subdivision 1, by adding a subdivision; 123B.92, subdivision 1; 124D.03, 
1.10 	subdivision 5a; 124D.09, subdivisions 3, 5, 13, by adding a subdivision; 124D.095, 
1.11 	subdivision 3; 124D.549; 124D.55; 124E.03, subdivision 2; 124E.11; 125A.08; 
1.12 	125A.0941; 125A.515; 126C.05, subdivision 8; 127A.45, subdivision 10; 134.31, 
1.13 	subdivision 2; 256J.08, subdivisions 38, 39; proposing coding for new law in 
1.14 	Minnesota Statutes, chapters 120A; 122A; 124D; repealing Minnesota Statutes 
1.15 	2016, section 124D.73, subdivision 2; Minnesota Rules, part 3500.3100, subpart 
1.16 	4.
1.17 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.18 	ARTICLE 1
1.19 	GENERAL EDUCATION

1.20 	Section 1. Minnesota Statutes 2016, section 121A.22, subdivision 2, is amended to read:
1.21 		Subd. 2.Exclusions. In addition, this section does not apply to drugs or medicine that 
1.22 	are:
1.23 	(1) purchased without a prescription;
1.24 	(2) used by a pupil who is 18 years old or older;
1.25 	(3) used in connection with services for which a minor may give effective consent, 
1.26 	including section 144.343, subdivision 1, and any other law;
2.1 	(4) used in situations in which, in the judgment of the school personnel who are present 
2.2 	or available, the risk to the pupil's life or health is of such a nature that drugs or medicine 
2.3 	should be given without delay;
2.4 	(5) used off the school grounds;
2.5 	(6) used in connection with athletics or extra curricular activities;
2.6 	(7) used in connection with activities that occur before or after the regular school day;
2.7 	(8) provided or administered by a public health agency to prevent or control an illness 
2.8 	or a disease outbreak as provided for in sections 144.05 and 144.12;
2.9 	(9) prescription asthma or reactive airway disease medications self-administered by a 
2.10 	pupil with an asthma inhaler, consistent with section 121A.221, if the district has received 
2.11 	a written authorization from the pupil's parent permitting the pupil to self-administer the 
2.12 	medication, the inhaler is properly labeled for that student, and the parent has not requested 
2.13 	school personnel to administer the medication to the pupil. The parent must submit written 
2.14 	authorization for the pupil to self-administer the medication each school year; or
2.15 	(10) epinephrine auto-injectors, consistent with section 121A.2205, if the parent and 
2.16 	prescribing medical professional annually inform the pupil's school in writing that (i) the 
2.17 	pupil may possess the epinephrine or (ii) the pupil is unable to possess the epinephrine and 
2.18 	requires immediate access to epinephrine auto-injectors that the parent provides properly 
2.19 	labeled to the school for the pupil as needed.

2.20 	Sec. 2. Minnesota Statutes 2016, section 121A.221, is amended to read:
2.21 	121A.221 POSSESSION AND USE OF ASTHMA INHALERS BY ASTHMATIC 
2.22 	STUDENTS.
2.23 	(a) Consistent with section 121A.22, subdivision 2, clause (9), in a school district that 
2.24 	employs a school nurse or provides school nursing services under another arrangement, the 
2.25 	school nurse or other appropriate party must assess the student's knowledge and skills to 
2.26 	safely possess and use an asthma inhaler in a school setting and enter into the student's 
2.27 	school health record a plan to implement safe possession and use of asthma inhalers.
2.28 	(b) Consistent with section 121A.22, subdivision 2, clause (9), in a school that does not 
2.29 	have a school nurse or school nursing services, the student's parent or guardian must submit 
2.30 	written verification from the prescribing professional that documents an assessment of the 
2.31 	student's knowledge and skills to safely possess and use an asthma inhaler in a school setting 
2.32 	has been completed.

3.1 	Sec. 3. Minnesota Statutes 2016, section 123B.92, subdivision 1, is amended to read:
3.2 		Subdivision 1.Definitions. For purposes of this section and section 125A.76, the terms 
3.3 	defined in this subdivision have the meanings given to them.
3.4 	(a) "Actual expenditure per pupil transported in the regular and excess transportation 
3.5 	categories" means the quotient obtained by dividing:
3.6 	(1) the sum of:
3.7 	(i) all expenditures for transportation in the regular category, as defined in paragraph 
3.8 	(b), clause (1), and the excess category, as defined in paragraph (b), clause (2), plus
3.9 	(ii) an amount equal to one year's depreciation on the district's school bus fleet and 
3.10 	mobile units computed on a straight line basis at the rate of 15 percent per year for districts 
3.11 	operating a program under section 124D.128 for grades 1 to 12 for all students in the district 
3.12 	and 12-1/2 percent per year for other districts of the cost of the fleet, plus
3.13 	(iii) an amount equal to one year's depreciation on the district's type III vehicles, as 
3.14 	defined in section 169.011, subdivision 71, which must be used a majority of the time for 
3.15 	pupil transportation purposes, computed on a straight line basis at the rate of 20 percent per 
3.16 	year of the cost of the type three school buses by:
3.17 	(2) the number of pupils eligible for transportation in the regular category, as defined 
3.18 	in paragraph (b), clause (1), and the excess category, as defined in paragraph (b), clause 
3.19 	(2).
3.20 	(b) "Transportation category" means a category of transportation service provided to 
3.21 	pupils as follows:
3.22 	(1) Regular transportation is:
3.23 	(i) transportation to and from school during the regular school year for resident elementary 
3.24 	pupils residing one mile or more from the public or nonpublic school they attend, and 
3.25 	resident secondary pupils residing two miles or more from the public or nonpublic school 
3.26 	they attend, excluding desegregation transportation and noon kindergarten transportation; 
3.27 	but with respect to transportation of pupils to and from nonpublic schools, only to the extent 
3.28 	permitted by sections 123B.84 to 123B.87;
3.29 	(ii) transportation of resident pupils to and from language immersion programs;
3.30 	(iii) transportation of a pupil who is a custodial parent and that pupil's child between the 
3.31 	pupil's home and the child care provider and between the provider and the school, if the 
3.32 	home and provider are within the attendance area of the school;
4.1 	(iv) transportation to and from or board and lodging in another district, of resident pupils 
4.2 	of a district without a secondary school; and
4.3 	(v) transportation to and from school during the regular school year required under 
4.4 	subdivision 3 for nonresident elementary pupils when the distance from the attendance area 
4.5 	border to the public school is one mile or more, and for nonresident secondary pupils when 
4.6 	the distance from the attendance area border to the public school is two miles or more, 
4.7 	excluding desegregation transportation and noon kindergarten transportation.
4.8 	For the purposes of this paragraph, a district may designate a licensed day care facility, 
4.9 	school day care facility, respite care facility, the residence of a relative, or the residence of 
4.10 	a person or other location chosen by the pupil's parent or guardian, or an after-school program 
4.11 	for children operated by a political subdivision of the state, as the home of a pupil for part 
4.12 	or all of the day, if requested by the pupil's parent or guardian, and if that facility, residence, 
4.13 	or program is within the attendance area of the school the pupil attends.
4.14 	(2) Excess transportation is:
4.15 	(i) transportation to and from school during the regular school year for resident secondary 
4.16 	pupils residing at least one mile but less than two miles from the public or nonpublic school 
4.17 	they attend, and transportation to and from school for resident pupils residing less than one 
4.18 	mile from school who are transported because of full-service school zones, extraordinary 
4.19 	traffic, drug, or crime hazards; and
4.20 	(ii) transportation to and from school during the regular school year required under 
4.21 	subdivision 3 for nonresident secondary pupils when the distance from the attendance area 
4.22 	border to the school is at least one mile but less than two miles from the public school they 
4.23 	attend, and for nonresident pupils when the distance from the attendance area border to the 
4.24 	school is less than one mile from the school and who are transported because of full-service 
4.25 	school zones, extraordinary traffic, drug, or crime hazards.
4.26 	(3) Desegregation transportation is transportation within and outside of the district during 
4.27 	the regular school year of pupils to and from schools located outside their normal attendance 
4.28 	areas under a plan for desegregation mandated by the commissioner or under court order.
4.29 	(4) "Transportation services for pupils with disabilities" is:
4.30 	(i) transportation of pupils with disabilities who cannot be transported on a regular school 
4.31 	bus between home or a respite care facility and school;
4.32 	(ii) necessary transportation of pupils with disabilities from home or from school to 
4.33 	other buildings, including centers such as developmental achievement centers, hospitals, 
5.1 	and treatment centers where special instruction or services required by sections 125A.03 to 
5.2 	125A.24, 125A.26 to 125A.48, and 125A.65 are provided, within or outside the district 
5.3 	where services are provided;
5.4 	(iii) necessary transportation for resident pupils with disabilities required by sections 
5.5 	125A.12, and 125A.26 to 125A.48;
5.6 	(iv) board and lodging for pupils with disabilities in a district maintaining special classes;
5.7 	(v) transportation from one educational facility to another within the district for resident 
5.8 	pupils enrolled on a shared-time basis in educational programs, and necessary transportation 
5.9 	required by sections 125A.18, and 125A.26 to 125A.48, for resident pupils with disabilities 
5.10 	who are provided special instruction and services on a shared-time basis or if resident pupils 
5.11 	are not transported, the costs of necessary travel between public and private schools or 
5.12 	neutral instructional sites by essential personnel employed by the district's program for 
5.13 	children with a disability;
5.14 	(vi) transportation for resident pupils with disabilities to and from board and lodging 
5.15 	facilities when the pupil is boarded and lodged for educational purposes;
5.16 	(vii) transportation of pupils for a curricular field trip activity on a school bus equipped 
5.17 	with a power lift when the power lift is required by a student's disability or section 504 plan; 
5.18 	and
5.19 	(viii) services described in clauses (i) to (vii), when provided for pupils with disabilities 
5.20 	in conjunction with a summer instructional program that relates to the pupil's individualized 
5.21 	education program or in conjunction with a learning year program established under section 
5.22 	124D.128.
5.23 	For purposes of computing special education initial aid under section 125A.76, the cost 
5.24 	of providing transportation for children with disabilities includes (A) the additional cost of 
5.25 	transporting a student in a shelter care facility as defined in section 260C.007, subdivision 
5.26 	30, a homeless student from a temporary nonshelter home in another district to the school 
5.27 	of origin, or a formerly homeless student from a permanent home in another district to the 
5.28 	school of origin but only through the end of the academic year; and (B) depreciation on 
5.29 	district-owned school buses purchased after July 1, 2005, and used primarily for 
5.30 	transportation of pupils with disabilities, calculated according to paragraph (a), clauses (ii) 
5.31 	and (iii). Depreciation costs included in the disabled transportation category must be excluded 
5.32 	in calculating the actual expenditure per pupil transported in the regular and excess 
5.33 	transportation categories according to paragraph (a). For purposes of subitem (A), a school 
6.1 	district may transport a child who does not have a school of origin to the same school 
6.2 	attended by that child's sibling, if the siblings are homeless or in a shelter care facility.
6.3 	(5) "Nonpublic nonregular transportation" is:
6.4 	(i) transportation from one educational facility to another within the district for resident 
6.5 	pupils enrolled on a shared-time basis in educational programs, excluding transportation 
6.6 	for nonpublic pupils with disabilities under clause (4);
6.7 	(ii) transportation within district boundaries between a nonpublic school and a public 
6.8 	school or a neutral site for nonpublic school pupils who are provided pupil support services 
6.9 	pursuant to section 123B.44; and
6.10 	(iii) late transportation home from school or between schools within a district for 
6.11 	nonpublic school pupils involved in after-school activities.
6.12 	(c) "Mobile unit" means a vehicle or trailer designed to provide facilities for educational 
6.13 	programs and services, including diagnostic testing, guidance and counseling services, and 
6.14 	health services. A mobile unit located off nonpublic school premises is a neutral site as 
6.15 	defined in section 123B.41, subdivision 13.

6.16 	EFFECTIVE DATE. This section is effective retroactively from December 10, 2016.

6.17 	Sec. 4. Minnesota Statutes 2016, section 127A.45, subdivision 10, is amended to read:
6.18 		Subd. 10.Payments to school nonoperating funds. Each fiscal year state general fund 
6.19 	payments for a district nonoperating fund must be made at the current year aid payment 
6.20 	percentage of the estimated entitlement during the fiscal year of the entitlement. This amount 
6.21 	shall be paid in 12 six equal monthly installments from July through December. The amount 
6.22 	of the actual entitlement, after adjustment for actual data, minus the payments made during 
6.23 	the fiscal year of the entitlement must be paid prior to October 31 of the following school 
6.24 	year. The commissioner may make advance payments of debt service equalization aid and 
6.25 	state-paid tax credits for a district's debt service fund earlier than would occur under the 
6.26 	preceding schedule if the district submits evidence showing a serious cash flow problem in 
6.27 	the fund. The commissioner may make earlier payments during the year and, if necessary, 
6.28 	increase the percent of the entitlement paid to reduce the cash flow problem.

6.29 	Sec. 5.  REPEALER.
 6.30 	Minnesota Statutes 2016, section 124D.73, subdivision 2, is repealed.

7.1 	ARTICLE 2
7.2 	EDUCATION EXCELLENCE

7.3 	Section 1. Minnesota Statutes 2016, section 120A.22, subdivision 9, is amended to read:
7.4 		Subd. 9.Curriculum Knowledge and skills. Instruction must be provided in at least 
7.5 	the following subject areas:
7.6 	(1) basic communication skills including reading and writing, literature, and fine arts;
7.7 	(2) mathematics and science;
7.8 	(3) social studies including history, geography, and economics, government, and 
7.9 	citizenship; and
7.10 	(4) health and physical education.
7.11 	Instruction, textbooks, and materials must be in the English language. Another language 
7.12 	may be used pursuant to sections 124D.59 to 124D.61.

7.13 	Sec. 2. Minnesota Statutes 2016, section 120A.41, is amended to read:
7.14 	120A.41 LENGTH OF SCHOOL YEAR; HOURS OF INSTRUCTION.
7.15 	(a) A school board's annual school calendar must include at least 425 hours of instruction 
7.16 	for a kindergarten student without a disability, 935 hours of instruction for a student in 
7.17 	grades 1 through 6, and 1,020 hours of instruction for a student in grades 7 through 12, not 
7.18 	including summer school. The school calendar for all-day kindergarten must include at least 
7.19 	850 hours of instruction for the school year. The school calendar for a prekindergarten 
7.20 	student under section 124D.151, if offered by the district, must include at least 350 hours 
7.21 	of instruction for the school year. A school board's annual calendar must include at least 
7.22 	165 days of instruction for a student in grades 1 through 11 unless a four-day week schedule 
7.23 	has been approved by the commissioner under section 124D.126.
7.24 	(b) A school board's annual school calendar may include plans for up to five days of 
7.25 	instruction provided through online instruction due to inclement weather. The inclement 
7.26 	weather plans must be developed according to section 120A.414.

7.27 	Sec. 3. [120A.414] E-LEARNING DAYS.
7.28 		Subdivision 1.Days. "E-learning day" means a school day where a school offers full 
7.29 	access to online instruction provided by students' individual teachers due to inclement 
7.30 	weather. A school district or charter school that chooses to have e-learning days may have 
8.1 	up to five e-learning days in one school year. An e-learning day is counted as a day of 
8.2 	instruction and included in the hours of instruction under section 120A.41.
8.3 		Subd. 2.Plan. A school board may adopt an e-learning day plan after consulting with 
8.4 	the exclusive representative of the teachers. A charter school may adopt an e-learning day 
8.5 	plan after consulting with its teachers. The plan must include accommodations for students 
8.6 	without Internet access at home and for digital device access for families without the 
8.7 	technology or an insufficient amount of technology for the number of children in the 
8.8 	household. A school's e-learning day plan must provide accessible options for students with 
8.9 	disabilities in accordance with chapter 125A.
8.10 		Subd. 3.Annual notice. A school district or charter school must notify parents and 
8.11 	students of the e-learning day plan at the beginning of the school year.
8.12 		Subd. 4.Daily notice. On an e-learning day declared by the school, a school district or 
8.13 	charter school must notify parents and students at least two hours prior to the normal school 
8.14 	start time that students need to follow the e-learning day plan for that day.
8.15 		Subd. 5.Teacher access. Each student's teacher must be accessible both online and by 
8.16 	telephone during normal school hours on an e-learning day to assist students and parents.

8.17 	EFFECTIVE DATE. This section is effective for the 2017-2018 school year and later.

8.18 	Sec. 4. Minnesota Statutes 2016, section 120B.021, subdivision 1, is amended to read:
8.19 		Subdivision 1.Required academic standards. (a) The following subject areas are 
8.20 	required for statewide accountability:
8.21 	(1) language arts;
8.22 	(2) mathematics;
8.23 	(3) science;
8.24 	(4) social studies, including history, geography, economics, and government and 
8.25 	citizenship that includes civics consistent with section 120B.02, subdivision 3;
8.26 	(5) physical education;
8.27 	(6) health, for which locally developed academic standards apply; and
8.28 	(7) the arts, for which statewide or locally developed academic standards apply, as 
8.29 	determined by the school district. Public elementary and middle schools must offer at least 
8.30 	three and require at least two of the following four arts areas: dance; music; theater; and 
9.1 	visual arts. Public high schools must offer at least three and require at least one of the 
9.2 	following five arts areas: media arts; dance; music; theater; and visual arts.
9.3 	(b) For purposes of applicable federal law, the academic standards for language arts, 
9.4 	mathematics, and science apply to all public school students, except the very few students 
9.5 	with extreme cognitive or physical impairments for whom an individualized education 
9.6 	program team has determined that the required academic standards are inappropriate. An 
9.7 	individualized education program team that makes this determination must establish 
9.8 	alternative standards.
9.9 	(c) Beginning in the 2016-2017 school year, the department must adopt the most recent 
9.10 	National Association of Sport and Physical Education SHAPE America (Society of Health 
9.11 	and Physical Educators) kindergarten through grade 12 standards and benchmarks for 
9.12 	physical education as the required physical education academic standards. The department 
9.13 	may modify and adapt the national standards to accommodate state interest. The modification 
9.14 	and adaptations must maintain the purpose and integrity of the national standards. The 
9.15 	department must make available sample assessments, which school districts may use as an 
9.16 	alternative to local assessments, to assess students' mastery of the physical education 
9.17 	standards beginning in the 2018-2019 school year.
9.18 	(d) District efforts to develop, implement, or improve instruction or curriculum as a 
9.19 	result of the provisions of this section must be consistent with sections 120B.10, 120B.11, 
9.20 	and 120B.20.

9.21 	Sec. 5. Minnesota Statutes 2016, section 120B.021, subdivision 3, is amended to read:
9.22 		Subd. 3.Rulemaking. The commissioner, consistent with the requirements of this section 
9.23 	and section 120B.022, must adopt statewide rules under section 14.389 for implementing 
9.24 	statewide rigorous core academic standards in language arts, mathematics, science, social 
9.25 	studies, physical education, and the arts. After the rules authorized under this subdivision 
9.26 	are initially adopted, the commissioner may not amend or repeal these rules nor adopt new 
9.27 	rules on the same topic without specific legislative authorization. The academic standards 
9.28 	for language arts, mathematics, and the arts must be implemented for all students beginning 
9.29 	in the 2003-2004 school year. The academic standards for science and social studies must 
9.30 	be implemented for all students beginning in the 2005-2006 school year.

9.31 	Sec. 6. Minnesota Statutes 2016, section 120B.022, subdivision 1b, is amended to read:
9.32 		Subd. 1b.State bilingual and multilingual seals. (a) Consistent with efforts to strive 
9.33 	for the world's best workforce under sections 120B.11 and 124E.03, subdivision 2, paragraph 
10.1 	(i), and close the academic achievement and opportunity gap under sections 124D.861 and 
10.2 	124D.862, voluntary state bilingual and multilingual seals are established to recognize high 
10.3 	school students in any school district, charter school, or nonpublic school who demonstrate 
10.4 	an advanced-low level or an intermediate high level of functional proficiency in listening, 
10.5 	speaking, reading, and writing on either assessments aligned with American Council on the 
10.6 	Teaching of Foreign Languages' (ACTFL) proficiency guidelines or on equivalent valid 
10.7 	and reliable assessments in one or more languages in addition to English. American Sign 
10.8 	Language is a language other than English for purposes of this subdivision and a world 
10.9 	language for purposes of subdivision 1a.
10.10 	(b) In addition to paragraph (a), to be eligible to receive a seal:
10.11 	(1) students must satisfactorily complete all required English language arts credits; and
10.12 	(2) students must demonstrate mastery of Minnesota's English language proficiency 
10.13 	standards.
10.14 	(c) Consistent with this subdivision, a high school student who demonstrates an 
10.15 	intermediate high ACTFL level of functional proficiency in one language in addition to 
10.16 	English is eligible to receive the state bilingual gold seal. A high school student who 
10.17 	demonstrates an intermediate high ACTFL level of functional native proficiency in more 
10.18 	than one language in addition to English is eligible to receive the state multilingual gold 
10.19 	seal. A high school student who demonstrates an advanced-low ACTFL level of functional 
10.20 	proficiency in one language in addition to English is eligible to receive the state bilingual 
10.21 	platinum seal. A high school student who demonstrates an advanced-low ACTFL level of 
10.22 	functional proficiency in more than one language in addition to English is eligible to receive 
10.23 	the state multilingual platinum seal.
10.24 	(d) School districts and charter schools may give students periodic opportunities to 
10.25 	demonstrate their level of proficiency in listening, speaking, reading, and writing in a 
10.26 	language in addition to English. Where valid and reliable assessments are unavailable, a 
10.27 	school district or charter school may rely on evaluators trained in assessing under ACTFL 
10.28 	proficiency guidelines to assess a student's level of foreign, heritage, or indigenous language 
10.29 	proficiency under this section. School districts and charter schools must maintain appropriate 
10.30 	records to identify high school students eligible to receive the state bilingual or multilingual 
10.31 	gold and platinum seals. The school district or charter school must affix the appropriate seal 
10.32 	to the transcript of each high school student who meets the requirements of this subdivision 
10.33 	and may affix the seal to the student's diploma. A school district or charter school must not 
10.34 	charge the high school student a fee for this seal.
11.1 	(e) A school district or charter school may award elective course credits in world 
11.2 	languages to a student who demonstrates the requisite proficiency in a language other than 
11.3 	English under this section.
11.4 	(f) A school district or charter school may award community service credit to a student 
11.5 	who demonstrates an intermediate high or advanced-low ACTFL level of functional 
11.6 	proficiency in listening, speaking, reading, and writing in a language other than English 
11.7 	and who participates in community service activities that are integrated into the curriculum, 
11.8 	involve the participation of teachers, and support biliteracy in the school or local community.
11.9 	(g) The commissioner must list on the Web page those assessments that are aligned to 
11.10 	ACTFL proficiency guidelines.
11.11 	(h) By August 1, 2015, the colleges and universities of the Minnesota State Colleges 
11.12 	and Universities system must establish criteria to translate the seals into college credits 
11.13 	based on the world language course equivalencies identified by the Minnesota State Colleges 
11.14 	and Universities faculty and staff and, upon request from an enrolled student, the Minnesota 
11.15 	State Colleges and Universities may award foreign language credits to a student who receives 
11.16 	a Minnesota World Language Proficiency Certificate under subdivision 1a. A student who 
11.17 	demonstrated the requisite level of language proficiency in grade 10, 11, or 12 to receive a 
11.18 	seal or certificate and is enrolled in a Minnesota State Colleges and Universities institution 
11.19 	must request college credits for the student's seal or proficiency certificate within three 
11.20 	academic years after graduating from high school. The University of Minnesota is encouraged 
11.21 	to award students foreign language academic credits consistent with this paragraph.

11.22 	Sec. 7. Minnesota Statutes 2016, section 120B.232, subdivision 1, is amended to read:
11.23 		Subdivision 1.Character development education. (a) Character education is the shared 
11.24 	responsibility of parents, teachers, and members of the community. The legislature 
11.25 	encourages districts to integrate or offer instruction on character education including, but 
11.26 	not limited to, character qualities such as attentiveness, truthfulness, respect for authority, 
11.27 	diligence, gratefulness, self-discipline, patience, forgiveness, respect for others, peacemaking, 
11.28 	and resourcefulness. Instruction should be integrated into a district's existing programs, 
11.29 	curriculum, or the general school environment. To the extent practicable, instruction should 
11.30 	be integrated into positive behavioral intervention strategies, in accordance with section 
11.31 	122A.627. The commissioner shall provide assistance at the request of a district to develop 
11.32 	character education curriculum and programs.
11.33 	(b) Character development education under paragraph (a) may include a voluntary 
11.34 	elementary, middle, and high school program that incorporates the history and values of 
12.1 	Congressional Medal of Honor recipients and may be offered as part of the social studies, 
12.2 	English language arts, or other curriculum, as a schoolwide character building and veteran 
12.3 	awareness initiative, or as an after-school program, among other possibilities.

12.4 	Sec. 8. Minnesota Statutes 2016, section 120B.30, subdivision 1, is amended to read:
12.5 		Subdivision 1.Statewide testing.  (a) The commissioner, with advice from experts with 
12.6 	appropriate technical qualifications and experience and stakeholders, consistent with 
12.7 	subdivision 1a, shall include in the comprehensive assessment system, for each grade level 
12.8 	to be tested, state-constructed tests developed as computer-adaptive reading and mathematics 
12.9 	assessments for students that are aligned with the state's required academic standards under 
12.10 	section 120B.021, include multiple choice questions, and are administered annually to all 
12.11 	students in grades 3 through 8. State-developed high school tests aligned with the state's 
12.12 	required academic standards under section 120B.021 and administered to all high school 
12.13 	students in a subject other than writing must include multiple choice questions. The 
12.14 	commissioner shall establish one or more months during which schools shall administer 
12.15 	the tests to students each school year.
12.16 	(1) Students enrolled in grade 8 through the 2009-2010 school year are eligible to be 
12.17 	assessed under (i) the graduation-required assessment for diploma in reading, mathematics, 
12.18 	or writing under Minnesota Statutes 2012, section 120B.30, subdivision 1, paragraphs (c), 
12.19 	clauses (1) and (2), and (d), (ii) the WorkKeys job skills assessment, (iii) the Compass 
12.20 	college placement test, (iv) the ACT assessment for college admission, (v) a nationally 
12.21 	recognized armed services vocational aptitude test.
12.22 	(2) Students enrolled in grade 8 in the 2010-2011 or 2011-2012 school year are eligible 
12.23 	to be assessed under (i) the graduation-required assessment for diploma in reading, 
12.24 	mathematics, or writing under Minnesota Statutes 2012, section 120B.30, subdivision 1, 
12.25 	paragraph (c), clauses (1) and (2), (ii) the WorkKeys job skills assessment, (iii) the Compass 
12.26 	college placement test, (iv) the ACT assessment for college admission, (v) a nationally 
12.27 	recognized armed services vocational aptitude test.
12.28 	(3) For students under clause (1) or (2), a school district may substitute a score from an 
12.29 	alternative, equivalent assessment to satisfy the requirements of this paragraph.
12.30 	(b) The state assessment system must be aligned to the most recent revision of academic 
12.31 	standards as described in section 120B.023 in the following manner:
12.32 	(1) mathematics;
12.33 	(i) grades 3 through 8 beginning in the 2010-2011 school year; and
13.1 	(ii) high school level beginning in the 2013-2014 school year;
13.2 	(2) science; grades 5 and 8 and at the high school level beginning in the 2011-2012 
13.3 	school year; and
13.4 	(3) language arts and reading; grades 3 through 8 and high school level beginning in the 
13.5 	2012-2013 school year.
13.6 	(c) For students enrolled in grade 8 in the 2012-2013 school year and later, students' 
13.7 	state graduation requirements, based on a longitudinal, systematic approach to student 
13.8 	education and career planning, assessment, instructional support, and evaluation, include 
13.9 	the following:
13.10 	(1) an opportunity to participate on a nationally normed college entrance exam, in grade 
13.11 	11 or grade 12;
13.12 	(2) achievement and career and college readiness in mathematics, reading, and writing, 
13.13 	consistent with paragraph (k) and to the extent available, to monitor students' continuous 
13.14 	development of and growth in requisite knowledge and skills; analyze students' progress 
13.15 	and performance levels, identifying students' academic strengths and diagnosing areas where 
13.16 	students require curriculum or instructional adjustments, targeted interventions, or 
13.17 	remediation; and, based on analysis of students' progress and performance data, determine 
13.18 	students' learning and instructional needs and the instructional tools and best practices that 
13.19 	support academic rigor for the student; and
13.20 	(3) consistent with this paragraph and section 120B.125, age-appropriate exploration 
13.21 	and planning activities and career assessments to encourage students to identify personally 
13.22 	relevant career interests and aptitudes and help students and their families develop a regularly 
13.23 	reexamined transition plan for postsecondary education or employment without need for 
13.24 	postsecondary remediation.
13.25 	Based on appropriate state guidelines, students with an individualized education program 
13.26 	may satisfy state graduation requirements by achieving an individual score on the 
13.27 	state-identified alternative assessments.
13.28 	(d) Expectations of schools, districts, and the state for career or college readiness under 
13.29 	this subdivision must be comparable in rigor, clarity of purpose, and rates of student 
13.30 	completion.
13.31 	A student under paragraph (c), clause (2), must receive targeted, relevant, academically 
13.32 	rigorous, and resourced instruction, which may include a targeted instruction and intervention 
13.33 	plan focused on improving the student's knowledge and skills in core subjects so that the 
14.1 	student has a reasonable chance to succeed in a career or college without need for 
14.2 	postsecondary remediation. Consistent with sections 120B.13, 124D.09, 124D.091, 124D.49, 
14.3 	and related sections, an enrolling school or district must actively encourage a student in 
14.4 	grade 11 or 12 who is identified as academically ready for a career or college to participate 
14.5 	in courses and programs awarding college credit to high school students. Students are not 
14.6 	required to achieve a specified score or level of proficiency on an assessment under this 
14.7 	subdivision to graduate from high school.
14.8 	(e) Though not a high school graduation requirement, students are encouraged to 
14.9 	participate in a nationally recognized college entrance exam. To the extent state funding 
14.10 	for college entrance exam fees is available, a district must pay the cost, one time, for an 
14.11 	interested student in grade 11 or 12 to take a nationally recognized college entrance exam 
14.12 	before graduating. A student must be able to take the exam under this paragraph at the 
14.13 	student's high school during the school day and at any one of the multiple exam 
14.14 	administrations available to students in the district. A district may administer the ACT or 
14.15 	SAT or both the ACT and SAT to comply with this paragraph. If the district administers 
14.16 	only one of these two tests and a student opts not to take that test and chooses instead to 
14.17 	take the other of the two tests, the student may take the other test at a different time or 
14.18 	location and remains eligible for the examination fee reimbursement.
14.19 	(f) The commissioner and the chancellor of the Minnesota State Colleges and Universities 
14.20 	must collaborate in aligning instruction and assessments for adult basic education students 
14.21 	and English learners to provide the students with diagnostic information about any targeted 
14.22 	interventions, accommodations, modifications, and supports they need so that assessments 
14.23 	and other performance measures are accessible to them and they may seek postsecondary 
14.24 	education or employment without need for postsecondary remediation. When administering 
14.25 	formative or summative assessments used to measure the academic progress, including the 
14.26 	oral academic development, of English learners and inform their instruction, schools must 
14.27 	ensure that the assessments are accessible to the students and students have the modifications 
14.28 	and supports they need to sufficiently understand the assessments.
14.29 	(g) Districts and schools, on an annual basis, must use career exploration elements to 
14.30 	help students, beginning no later than grade 9, and their families explore and plan for 
14.31 	postsecondary education or careers based on the students' interests, aptitudes, and aspirations. 
14.32 	Districts and schools must use timely regional labor market information and partnerships, 
14.33 	among other resources, to help students and their families successfully develop, pursue, 
14.34 	review, and revise an individualized plan for postsecondary education or a career. This 
14.35 	process must help increase students' engagement in and connection to school, improve 
15.1 	students' knowledge and skills, and deepen students' understanding of career pathways as 
15.2 	a sequence of academic and career courses that lead to an industry-recognized credential, 
15.3 	an associate's degree, or a bachelor's degree and are available to all students, whatever their 
15.4 	interests and career goals.
15.5 	(h) A student who demonstrates attainment of required state academic standards, which 
15.6 	include career and college readiness benchmarks, on high school assessments under 
15.7 	subdivision 1a is academically ready for a career or college and is encouraged to participate 
15.8 	in courses awarding college credit to high school students. Such courses and programs may 
15.9 	include sequential courses of study within broad career areas and technical skill assessments 
15.10 	that extend beyond course grades.
15.11 	(i) As appropriate, students through grade 12 must continue to participate in targeted 
15.12 	instruction, intervention, or remediation and be encouraged to participate in courses awarding 
15.13 	college credit to high school students.
15.14 	(j) In developing, supporting, and improving students' academic readiness for a career 
15.15 	or college, schools, districts, and the state must have a continuum of empirically derived, 
15.16 	clearly defined benchmarks focused on students' attainment of knowledge and skills so that 
15.17 	students, their parents, and teachers know how well students must perform to have a 
15.18 	reasonable chance to succeed in a career or college without need for postsecondary 
15.19 	remediation. The commissioner, in consultation with local school officials and educators, 
15.20 	and Minnesota's public postsecondary institutions must ensure that the foundational 
15.21 	knowledge and skills for students' successful performance in postsecondary employment 
15.22 	or education and an articulated series of possible targeted interventions are clearly identified 
15.23 	and satisfy Minnesota's postsecondary admissions requirements.
15.24 	(k) For students in grade 8 in the 2012-2013 school year and later, a school, district, or 
15.25 	charter school must record on the high school transcript a student's progress toward career 
15.26 	and college readiness, and for other students as soon as practicable.
15.27 	(l) The school board granting students their diplomas may formally decide to include a 
15.28 	notation of high achievement on the high school diplomas of those graduating seniors who, 
15.29 	according to established school board criteria, demonstrate exemplary academic achievement 
15.30 	during high school.
15.31 	(m) The 3rd through 8th grade computer-adaptive assessment results and high school 
15.32 	test results shall be available to districts for diagnostic purposes affecting student learning 
15.33 	and district instruction and curriculum, and for establishing educational accountability. The 
15.34 	commissioner must establish empirically derived benchmarks on adaptive assessments in 
16.1 	grades 3 through 8. The commissioner, in consultation with the chancellor of the Minnesota 
16.2 	State Colleges and Universities, must establish empirically derived benchmarks on the high 
16.3 	school tests that reveal a trajectory toward career and college readiness consistent with 
16.4 	section 136F.302, subdivision 1a. The commissioner must disseminate to the public the 
16.5 	computer-adaptive assessments and high school test results upon receiving those results.
16.6 	(n) The grades 3 through 8 computer-adaptive assessments and high school tests must 
16.7 	be aligned with state academic standards. The commissioner shall determine the testing 
16.8 	process and the order of administration. The statewide results shall be aggregated at the site 
16.9 	and district level, consistent with subdivision 1a.
16.10 	(o) The commissioner shall include the following components in the statewide public 
16.11 	reporting system:
16.12 	(1) uniform statewide computer-adaptive assessments of all students in grades 3 through 
16.13 	8 and testing at the high school levels that provides appropriate, technically sound 
16.14 	accommodations or alternate assessments;
16.15 	(2) educational indicators that can be aggregated and compared across school districts 
16.16 	and across time on a statewide basis, including average daily attendance, high school 
16.17 	graduation rates, and high school drop-out rates by age and grade level;
16.18 	(3) state results on the American College Test; and
16.19 	(4) state results from participation in the National Assessment of Educational Progress 
16.20 	so that the state can benchmark its performance against the nation and other states, and, 
16.21 	where possible, against other countries, and contribute to the national effort to monitor 
16.22 	achievement.
16.23 	(p) For purposes of statewide accountability, "career and college ready" means a high 
16.24 	school graduate has the knowledge, skills, and competencies to successfully pursue a career 
16.25 	pathway, including postsecondary credit leading to a degree, diploma, certificate, or 
16.26 	industry-recognized credential and employment. Students who are career and college ready 
16.27 	are able to successfully complete credit-bearing coursework at a two- or four-year college 
16.28 	or university or other credit-bearing postsecondary program without need for remediation.
16.29 	(q) For purposes of statewide accountability, "cultural competence," "cultural 
16.30 	competency," or "culturally competent" means the ability and will of families and educators 
16.31 	to interact effectively with people of different cultures, native languages, and socioeconomic 
16.32 	backgrounds.

17.1 	Sec. 9. Minnesota Statutes 2016, section 120B.31, is amended by adding a subdivision to 
17.2 	read:
17.3 		Subd. 3a.Rollout sites; report. The commissioner of education shall designate up to 
17.4 	six school districts or charter schools as rollout sites.
17.5 	(a) The rollout sites should represent urban school districts, suburban school districts, 
17.6 	nonurban school districts, and charter schools. The commissioner shall designate rollout 
17.7 	sites and notify the schools by August 1, 2017, and the designated school districts or charter 
17.8 	schools will have the right to opt-out or opt-in as rollout sites by September 1, 2017.
17.9 	(b) The commissioner must consult stakeholders and review the American Community 
17.10 	Survey to develop recommendations for best practices for disaggregated data. Stakeholders 
17.11 	consulted under this paragraph include at least:
17.12 	(1) the rollout sites;
17.13 	(2) parent groups; and
17.14 	(3) community representatives.
17.15 	(c) The commissioner shall report to the legislative committees having jurisdiction over 
17.16 	kindergarten through grade 12 education policy and finance by February 1, 2018. The 
17.17 	commissioner may research best practices from other states that have disaggregated data 
17.18 	beyond the requirements of the most recent reauthorization of the Elementary and Secondary 
17.19 	Education Act. The recommendations may address:
17.20 	(1) the most meaningful use of disaggregated data, including but not limited to which 
17.21 	reports should include further disaggregated data;
17.22 	(2) collection of additional student characteristics, including but not limited to ensuring 
17.23 	enhanced enrollment forms:
17.24 	(i) provide context and the objective of additional data;
17.25 	(ii) are designed to convey respect and acknowledgment of the sensitive nature of the 
17.26 	additional data; and
17.27 	(iii) are designed to collect data consistent with user feedback;
17.28 	(3) efficient data-reporting approaches when reporting additional information to the 
17.29 	department;
17.30 	(4) the frequency by which districts and schools must update enrollment forms to meet 
17.31 	the needs of the state's changing racial and ethnic demographics; and
18.1 	(5) the criteria for determining additional data. This recommendation should include a 
18.2 	recommendation for frequency of reviews and updates of the additional data and should 
18.3 	also identify the approach of updating any additional census data and data on new enrollees. 
18.4 	This recommendation must consider additional student groups that may face education 
18.5 	disparities and must take into account maintaining student privacy and providing 
18.6 	nonidentifiable student level data.

18.7 	EFFECTIVE DATE. This section is effective for the 2018-2019 school year and later.

18.8 	Sec. 10. Minnesota Statutes 2016, section 120B.31, subdivision 4, is amended to read:
18.9 		Subd. 4. Student performance data. In developing policies and assessment processes 
18.10 	to hold schools and districts accountable for high levels of academic standards under section 
18.11 	120B.021, the commissioner shall aggregate and disaggregate student data over time to 
18.12 	report summary student performance and growth levels and, under section 120B.11, 
18.13 	subdivision 2, clause (2), student learning and outcome data measured at the school, school 
18.14 	district, and statewide level. The commissioner shall use the student categories identified 
18.15 	under the federal Elementary and Secondary Education Act, as most recently reauthorized, 
18.16 	and student categories of:
18.17 	(1) homelessness,;
18.18 	(2) ethnicity, under section 120B.35, subdivision 3, paragraph (a), clause (2);
18.19 	(3) race, under section 120B.35, subdivision 3, paragraph (a), clause (2);
18.20 	(4) home language, immigrant, refugee status,;
18.21 	(5) English learners under section 124D.59,;
18.22 	(6) free or reduced-price lunch,; and
18.23 	(7) other categories designated by federal law to organize and report the data so that 
18.24 	state and local policy makers can understand the educational implications of changes in 
18.25 	districts' demographic profiles over time as data are available.
18.26 	Any report the commissioner disseminates containing summary data on student performance 
18.27 	must integrate student performance and the demographic factors that strongly correlate with 
18.28 	that performance.

18.29 	EFFECTIVE DATE. This section is effective for the 2019-2020 school year and later.

19.1 	Sec. 11. Minnesota Statutes 2016, section 120B.35, subdivision 3, is amended to read:
19.2 		Subd. 3.State growth target; other state measures. (a)(1) The state's educational 
19.3 	assessment system measuring individual students' educational growth is based on indicators 
19.4 	of achievement growth that show an individual student's prior achievement. Indicators of 
19.5 	achievement and prior achievement must be based on highly reliable statewide or districtwide 
19.6 	assessments.
19.7 	(2) For purposes of paragraphs (b), (c), and (d), the commissioner must analyze and 
19.8 	report separate categories of information using the student categories identified under the 
19.9 	federal Elementary and Secondary Education Act, as most recently reauthorized, and, in 
19.10 	addition to "other" for each race and ethnicity, and the Karen community, other student 
19.11 	categories as determined by the total Minnesota population at or above the 1,000-person 
19.12 	threshold based on the most recent decennial census, including ethnicity; race; refugee status
19.13 	seven of the most populous Asian and Pacific Islander groups, three of the most populous 
19.14 	Native groups, seven of the most populous Hispanic/Latino groups, and five of the most 
19.15 	populous Black and African Heritage groups as determined by the total Minnesota population 
19.16 	based on the most recent state demographer's report; English learners under section 124D.59; 
19.17 	home language; free or reduced-price lunch; immigrant; and all students enrolled in a 
19.18 	Minnesota public school who are currently or were previously in foster care, except that 
19.19 	such disaggregation and cross tabulation is not required if the number of students in a 
19.20 	category is insufficient to yield statistically reliable information or the results would reveal 
19.21 	personally identifiable information about an individual student.
19.22 	(b) The commissioner, in consultation with a stakeholder group that includes assessment 
19.23 	and evaluation directors, district staff, experts in culturally responsive teaching, and 
19.24 	researchers, must implement a model that uses a value-added growth indicator and includes 
19.25 	criteria for identifying schools and school districts that demonstrate medium and high growth 
19.26 	under section 120B.299, subdivisions 8 and 9, and may recommend other value-added 
19.27 	measures under section 120B.299, subdivision 3. The model may be used to advance 
19.28 	educators' professional development and replicate programs that succeed in meeting students' 
19.29 	diverse learning needs. Data on individual teachers generated under the model are personnel 
19.30 	data under section 13.43. The model must allow users to:
19.31 	(1) report student growth consistent with this paragraph; and
19.32 	(2) for all student categories, report and compare aggregated and disaggregated state 
19.33 	student growth and, under section 120B.11, subdivision 2, clause (2), student learning and 
19.34 	outcome data using the student categories identified under the federal Elementary and 
20.1 	Secondary Education Act, as most recently reauthorized, and other student categories under 
20.2 	paragraph (a), clause (2).
20.3 	The commissioner must report measures of student growth and, under section 120B.11, 
20.4 	subdivision 2, clause (2), student learning and outcome data, consistent with this paragraph, 
20.5 	including the English language development, academic progress, and oral academic 
20.6 	development of English learners and their native language development if the native language 
20.7 	is used as a language of instruction, and include data on all pupils enrolled in a Minnesota 
20.8 	public school course or program who are currently or were previously counted as an English 
20.9 	learner under section 124D.59.
20.10 	(c) When reporting student performance under section 120B.36, subdivision 1, the 
20.11 	commissioner annually, beginning July 1, 2011, must report two core measures indicating 
20.12 	the extent to which current high school graduates are being prepared for postsecondary 
20.13 	academic and career opportunities:
20.14 	(1) a preparation measure indicating the number and percentage of high school graduates 
20.15 	in the most recent school year who completed course work important to preparing them for 
20.16 	postsecondary academic and career opportunities, consistent with the core academic subjects 
20.17 	required for admission to Minnesota's public colleges and universities as determined by the 
20.18 	Office of Higher Education under chapter 136A; and
20.19 	(2) a rigorous coursework measure indicating the number and percentage of high school 
20.20 	graduates in the most recent school year who successfully completed one or more 
20.21 	college-level advanced placement, international baccalaureate, postsecondary enrollment 
20.22 	options including concurrent enrollment, other rigorous courses of study under section 
20.23 	120B.021, subdivision 1a, or industry certification courses or programs.
20.24 	When reporting the core measures under clauses (1) and (2), the commissioner must also 
20.25 	analyze and report separate categories of information using the student categories identified 
20.26 	under the federal Elementary and Secondary Education Act, as most recently reauthorized, 
20.27 	and other student categories under paragraph (a), clause (2).
20.28 	(d) When reporting student performance under section 120B.36, subdivision 1, the 
20.29 	commissioner annually, beginning July 1, 2014, must report summary data on school safety 
20.30 	and students' engagement and connection at school, consistent with the student categories 
20.31 	identified under paragraph (a), clause (2). The summary data under this paragraph are 
20.32 	separate from and must not be used for any purpose related to measuring or evaluating the 
20.33 	performance of classroom teachers. The commissioner, in consultation with qualified experts 
20.34 	on student engagement and connection and classroom teachers, must identify highly reliable 
21.1 	variables that generate summary data under this paragraph. The summary data may be used 
21.2 	at school, district, and state levels only. Any data on individuals received, collected, or 
21.3 	created that are used to generate the summary data under this paragraph are nonpublic data 
21.4 	under section 13.02, subdivision 9.
21.5 	(e) For purposes of statewide educational accountability, the commissioner must identify 
21.6 	and report measures that demonstrate the success of learning year program providers under 
21.7 	sections 123A.05 and 124D.68, among other such providers, in improving students' 
21.8 	graduation outcomes. The commissioner, beginning July 1, 2015, must annually report 
21.9 	summary data on:
21.10 	(1) the four- and six-year graduation rates of students under this paragraph;
21.11 	(2) the percent of students under this paragraph whose progress and performance levels 
21.12 	are meeting career and college readiness benchmarks under section 120B.30, subdivision 
21.13 	1; and
21.14 	(3) the success that learning year program providers experience in:
21.15 	(i) identifying at-risk and off-track student populations by grade;
21.16 	(ii) providing successful prevention and intervention strategies for at-risk students;
21.17 	(iii) providing successful recuperative and recovery or reenrollment strategies for off-track 
21.18 	students; and
21.19 	(iv) improving the graduation outcomes of at-risk and off-track students.
21.20 	The commissioner may include in the annual report summary data on other education 
21.21 	providers serving a majority of students eligible to participate in a learning year program.
21.22 	(f) The commissioner, in consultation with recognized experts with knowledge and 
21.23 	experience in assessing the language proficiency and academic performance of all English 
21.24 	learners enrolled in a Minnesota public school course or program who are currently or were 
21.25 	previously counted as an English learner under section 124D.59, must identify and report 
21.26 	appropriate and effective measures to improve current categories of language difficulty and 
21.27 	assessments, and monitor and report data on students' English proficiency levels, program 
21.28 	placement, and academic language development, including oral academic language.
21.29 	(g) When reporting four- and six-year graduation rates, the commissioner or school 
21.30 	district must disaggregate the data by student categories according to paragraph (a), clause 
21.31 	(2).
22.1 	(h) A school district must inform parents and guardians that volunteering information 
22.2 	on student categories not required by the most recent reauthorization of the Elementary and 
22.3 	Secondary Education Act is optional and will not violate the privacy of students or their 
22.4 	families, parents, or guardians. The notice must state the purpose for collecting the student 
22.5 	data.

22.6 	EFFECTIVE DATE. This section is effective for the 2018-2019 school year and later 
22.7 	for rollout sites under Minnesota Statutes, section 120B.31, subdivision 3a. This section is 
22.8 	effective for the 2019-2020 school year and later for all other schools.

22.9 	Sec. 12. Minnesota Statutes 2016, section 120B.36, subdivision 1, is amended to read:
22.10 		Subdivision 1.School performance reports and public reporting. (a) The commissioner 
22.11 	shall report student academic performance data under section 120B.35, subdivisions 2 and 
22.12 	3; the percentages of students showing low, medium, and high growth under section 120B.35, 
22.13 	subdivision 3, paragraph (b); school safety and student engagement and connection under 
22.14 	section 120B.35, subdivision 3, paragraph (d); rigorous coursework under section 120B.35, 
22.15 	subdivision 3, paragraph (c); the percentage of students under section 120B.35, subdivision 
22.16 	3, paragraph (b), clause (2), whose progress and performance levels are meeting career and 
22.17 	college readiness benchmarks under sections 120B.30, subdivision 1, and 120B.35, 
22.18 	subdivision 3, paragraph (e); longitudinal data on the progress of eligible districts in reducing 
22.19 	disparities in students' academic achievement and realizing racial and economic integration 
22.20 	under section 124D.861; the acquisition of English, and where practicable, native language 
22.21 	academic literacy, including oral academic language, and the academic progress of all 
22.22 	English learners enrolled in a Minnesota public school course or program who are currently 
22.23 	or were previously counted as English learners under section 124D.59; two separate 
22.24 	student-to-teacher ratios that clearly indicate the definition of teacher consistent with sections 
22.25 	122A.06 and 122A.15 for purposes of determining these ratios; staff characteristics excluding 
22.26 	salaries; student enrollment demographics; foster care status, including all students enrolled 
22.27 	in a Minnesota public school course or program who are currently or were previously in 
22.28 	foster care, student homelessness, and district mobility; and extracurricular activities. The 
22.29 	report also must indicate a school's status under applicable federal law.
22.30 	(b) The school performance report for a school site and a school district must include 
22.31 	school performance reporting information and calculate proficiency rates as required by the 
22.32 	most recently reauthorized Elementary and Secondary Education Act.
22.33 	(c) The commissioner shall develop, annually update, and post on the department Web 
22.34 	site school performance reports consistent with paragraph (a) and section 120B.11.
23.1 	(c) (d) The commissioner must make available performance reports by the beginning of 
23.2 	each school year.
23.3 	(d) (e) A school or district may appeal its results in a form and manner determined by 
23.4 	the commissioner and consistent with federal law. The commissioner's decision to uphold 
23.5 	or deny an appeal is final.
23.6 	(e) (f) School performance data are nonpublic data under section 13.02, subdivision 9, 
23.7 	until the commissioner publicly releases the data. The commissioner shall annually post 
23.8 	school performance reports to the department's public Web site no later than September 1, 
23.9 	except that in years when the reports reflect new performance standards, the commissioner 
23.10 	shall post the school performance reports no later than October 1.

23.11 	EFFECTIVE DATE. This section is effective for the 2017-2018 school year and later.

23.12 	Sec. 13. Minnesota Statutes 2016, section 124D.03, subdivision 5a, is amended to read:
23.13 		Subd. 5a.Lotteries. If a school district has more applications than available seats at a 
23.14 	specific grade level, it must hold an impartial lottery following the January 15 deadline to 
23.15 	determine which students will receive seats. The district must give priority to enrolling:
23.16 	(1) siblings of currently enrolled students,;
23.17 	(2) students whose applications are related to an approved integration and achievement 
23.18 	plan, and;
23.19 	(3) children of the school district's staff must receive priority in the lottery.; and
23.20 	(4) students residing in that part of a municipality, defined under section 469.1812, 
23.21 	subdivision 3, where:
23.22 	(i) the student's resident district does not operate a school building;
23.23 	(ii) the nonresident district in which the student seeks to enroll operates one or more 
23.24 	school buildings within the municipality; and
23.25 	(iii) no other nonresident district operates a school building within the municipality.
23.26 	The process for the school district lottery must be established in school district policy, 
23.27 	approved by the school board, and posted on the school district's Web site.

23.28 	EFFECTIVE DATE. This section is effective for lotteries conducted beginning July 
23.29 	1, 2017.

24.1 	Sec. 14. Minnesota Statutes 2016, section 124D.09, subdivision 3, is amended to read:
24.2 		Subd. 3.Definitions. For purposes of this section, the following terms have the meanings 
24.3 	given to them.
24.4 	(a) "Eligible institution" means a Minnesota public postsecondary institution, a private, 
24.5 	nonprofit two-year trade and technical school granting associate degrees, an opportunities 
24.6 	industrialization center accredited by the North Central Association of Colleges and Schools, 
24.7 	or a private, residential, two-year or four-year, liberal arts, degree-granting college or 
24.8 	university located in Minnesota.
24.9 	(b) "Course" means a course or program.
24.10 	(c) "Concurrent enrollment" means nonsectarian courses in which an eligible pupil under 
24.11 	subdivision 5 or 5b enrolls to earn both secondary and postsecondary credits, are taught by 
24.12 	a secondary teacher or a postsecondary faculty member, and are offered at a high school 
24.13 	for which the district is eligible to receive concurrent enrollment program aid under section 
24.14 	124D.091.

24.15 	Sec. 15. Minnesota Statutes 2016, section 124D.09, subdivision 5, is amended to read:
24.16 		Subd. 5.Authorization; notification. Notwithstanding any other law to the contrary, 
24.17 	an 11th or 12th grade pupil enrolled in a school or an American Indian-controlled tribal 
24.18 	contract or grant school eligible for aid under section 124D.83, except a foreign exchange 
24.19 	pupil enrolled in a district under a cultural exchange program, may apply to an eligible 
24.20 	institution, as defined in subdivision 3, to enroll in nonsectarian courses offered by that 
24.21 	postsecondary institution. Notwithstanding any other law to the contrary, a 9th or 10th grade 
24.22 	pupil enrolled in a district or an American Indian-controlled tribal contract or grant school 
24.23 	eligible for aid under section 124D.83, except a foreign exchange pupil enrolled in a district 
24.24 	under a cultural exchange program, may apply to enroll in nonsectarian courses offered 
24.25 	under subdivision 10, if (1) the school district and the eligible postsecondary institution 
24.26 	providing the course agree to the student's enrollment or (2) the course is a world language 
24.27 	course currently available to 11th and 12th grade students, and consistent with section 
24.28 	120B.022 governing world language standards, certificates, and seals. If an institution 
24.29 	accepts a secondary pupil for enrollment under this section, the institution shall send written 
24.30 	notice to the pupil, the pupil's school or school district, and the commissioner within ten 
24.31 	days of acceptance. The notice must indicate the course and hours of enrollment of that 
24.32 	pupil. If the pupil enrolls in a course for postsecondary credit, the institution must notify 
24.33 	the pupil about payment in the customary manner used by the institution.

25.1 	Sec. 16. Minnesota Statutes 2016, section 124D.09, is amended by adding a subdivision 
25.2 	to read:
25.3 		Subd. 5b.Authorization; 9th or 10th grade pupil. Notwithstanding any other law to 
25.4 	the contrary, a 9th or 10th grade pupil enrolled in a district or an American Indian-controlled 
25.5 	tribal contract or grant school eligible for aid under section 124D.83, except a foreign 
25.6 	exchange pupil enrolled in a district under a cultural exchange program, may apply to enroll 
25.7 	in nonsectarian courses offered under subdivision 10, if:
25.8 	(1) the school district and the eligible postsecondary institution providing the course 
25.9 	agree to the student's enrollment; or
25.10 	(2) the course is a world language course currently available to 11th and 12th grade 
25.11 	students, and consistent with section 120B.022 governing world language standards, 
25.12 	certificates, and seals.

25.13 	Sec. 17. Minnesota Statutes 2016, section 124D.09, subdivision 13, is amended to read:
25.14 		Subd. 13.Financial arrangements. For a pupil enrolled in a course under this section, 
25.15 	the department must make payments according to this subdivision for courses that were 
25.16 	taken for secondary credit.
25.17 	The department must not make payments to a school district or postsecondary institution 
25.18 	for a course taken for postsecondary credit only. The department must not make payments 
25.19 	to a postsecondary institution for a course from which a student officially withdraws during 
25.20 	the first 14 days of the quarter or semester or who has been absent from the postsecondary 
25.21 	institution for the first 15 consecutive school days of the quarter or semester and is not 
25.22 	receiving instruction in the home or hospital.
25.23 	A postsecondary institution shall receive the following:
25.24 	(1) for an institution granting quarter credit, the reimbursement per credit hour shall be 
25.25 	an amount equal to 88 percent of the product of the formula allowance minus $425, multiplied 
25.26 	by 1.2, and divided by 45; or
25.27 	(2) for an institution granting semester credit, the reimbursement per credit hour shall 
25.28 	be an amount equal to 88 percent of the product of the general revenue formula allowance 
25.29 	minus $425, multiplied by 1.2, and divided by 30.
25.30 	The department must pay to each postsecondary institution 100 percent of the amount 
25.31 	in clause (1) or (2) within 30 45 days of receiving initial enrollment information each quarter 
25.32 	or semester. If changes in enrollment occur during a quarter or semester, the change shall 
26.1 	be reported by the postsecondary institution at the time the enrollment information for the 
26.2 	succeeding quarter or semester is submitted. At any time the department notifies a 
26.3 	postsecondary institution that an overpayment has been made, the institution shall promptly 
26.4 	remit the amount due.

26.5 	Sec. 18. Minnesota Statutes 2016, section 124D.095, subdivision 3, is amended to read:
26.6 		Subd. 3.Authorization; notice; limitations on enrollment. (a) A student may apply 
26.7 	for full-time enrollment in an approved online learning program under section 124D.03 or 
26.8 	124D.08 or chapter 124E. Notwithstanding sections 124D.03 and 124D.08 and chapter 
26.9 	124E, procedures for enrolling in supplemental online learning are as provided in this 
26.10 	subdivision. A student age 17 or younger must have the written consent of a parent or 
26.11 	guardian to apply. No school district or charter school may prohibit a student from applying 
26.12 	to enroll in online learning. In order to enroll in online learning, the student and the student's 
26.13 	parents must submit an application to the online learning provider and identify the student's 
26.14 	reason for enrolling. An online learning provider that accepts a student under this section 
26.15 	must notify the student and the enrolling district in writing within ten days if the enrolling 
26.16 	district is not the online learning provider. The student and the student's parent must notify 
26.17 	the online learning provider of the student's intent to enroll in online learning within ten 
26.18 	days of being accepted, at which time the student and the student's parent must sign a 
26.19 	statement indicating that they have reviewed the online course or program and understand 
26.20 	the expectations of enrolling in online learning. The online learning provider must use a 
26.21 	form provided by the department to notify the enrolling district of the student's application 
26.22 	to enroll in online learning.
26.23 	(b) The supplemental online learning notice to the enrolling district when a student 
26.24 	applies to the online learning provider will include the courses or program, credits to be 
26.25 	awarded, and the start date of the online course or program. An online learning provider 
26.26 	must make available the supplemental online course syllabus to the enrolling district. Within 
26.27 	15 days after the online learning provider makes information in this paragraph available to 
26.28 	the enrolling district, the enrolling district must notify the online provider whether the 
26.29 	student, the student's parent, and the enrolling district agree or disagree that the course meets 
26.30 	the enrolling district's graduation requirements. A student may enroll in a supplemental 
26.31 	online learning course up to the midpoint of the enrolling district's term. The enrolling 
26.32 	district may waive this requirement for special circumstances and with the agreement of 
26.33 	the online provider. An online learning course or program that meets or exceeds a graduation 
26.34 	standard or the grade progression requirement of the enrolling district as described in the 
26.35 	provider's online course syllabus meets the corresponding graduation requirements applicable 
27.1 	to the student in the enrolling district. If the enrolling district does not agree that the course 
27.2 	or program meets its graduation requirements, then:
27.3 	(1) the enrolling district must make available an explanation of its decision to the student, 
27.4 	the student's parent, and the online provider; and
27.5 	(2) the online provider may make available a response to the enrolling district, showing 
27.6 	how the course or program meets the graduation requirements of the enrolling district.
27.7 	(c) An online learning provider must notify the commissioner that it is delivering online 
27.8 	learning and report the number of online learning students it accepts and the online learning 
27.9 	courses and programs it delivers.
27.10 	(d) An online learning provider may limit enrollment if the provider's school board or 
27.11 	board of directors adopts by resolution specific standards for accepting and rejecting students' 
27.12 	applications. Limits to enrollment must not discriminate against any group under chapter 
27.13 	363A.
27.14 	(e) An enrolling district may reduce an online learning student's regular classroom 
27.15 	instructional membership in proportion to the student's membership in online learning 
27.16 	courses.
27.17 	(f) The online provider must report or make available information on an individual 
27.18 	student's progress and accumulated credit to the student, the student's parent, and the enrolling 
27.19 	district in a manner specified by the commissioner unless the enrolling district and the online 
27.20 	provider agree to a different form of notice and notify the commissioner. The enrolling 
27.21 	district must designate a contact person to help facilitate and monitor the student's academic 
27.22 	progress and accumulated credits towards graduation.

27.23 	Sec. 19. [124D.4535] INNOVATIVE DELIVERY OF CAREER AND TECHNICAL 
27.24 	EDUCATION PROGRAMS; SHARING OF DISTRICT RESOURCES.
27.25 		Subdivision 1.Establishment; requirements for participation. (a) A program is 
27.26 	established to improve student, career and college readiness, and school outcomes by 
27.27 	allowing groups of school districts to work together in partnership with local and regional 
27.28 	postsecondary institutions and programs, community institutions, and other private, public, 
27.29 	for-profit, and nonprofit workplace partners, to:
27.30 	(1) provide innovative education programs and activities that integrate core academic 
27.31 	and career and technical subjects in students' programs of study through coordinated 
27.32 	secondary and postsecondary career and technical programs leading to an industry 
27.33 	certification or other credential;
28.1 	(2) provide embedded professional development for program participants;
28.2 	(3) use performance assessments in authentic settings to measure students' technical 
28.3 	skills and progress toward attaining an industry certification or other credential; and
28.4 	(4) efficiently share district, institution, and workplace resources.
28.5 	(b) To participate in this program to improve student, career and college readiness, and 
28.6 	school outcomes, a group of two or more school districts must collaborate with school staff 
28.7 	and project partners and receive formal school board approval to form a partnership. The 
28.8 	partnership must develop a plan to provide challenging programmatic options for students 
28.9 	under paragraph (a); create professional development opportunities for educators and other 
28.10 	program participants; increase student engagement and connection and challenging learning 
28.11 	opportunities for diverse populations of students that are focused on employability skills 
28.12 	and technical, job-specific skills related to a specific career pathway; or demonstrate 
28.13 	efficiencies in delivering financial and other services needed to realize plan goals and 
28.14 	objectives. The plan must include:
28.15 	(1) collaborative education goals and objectives;
28.16 	(2) strategies and processes to implement those goals and objectives, including a budget 
28.17 	process with periodic expenditure reviews;
28.18 	(3) valid and reliable measures including performance assessments in authentic settings 
28.19 	and progress toward attaining an industry certification or other credential, among other 
28.20 	measures, to evaluate progress in realizing plan goals and objectives;
28.21 	(4) an implementation timeline; and
28.22 	(5) other applicable conditions, regulations, responsibilities, duties, provisions, fee 
28.23 	schedules, and legal considerations needed to fully implement the plan.
28.24 	A partnership may invite additional districts or other participants under paragraph (a) to 
28.25 	join the partnership after notifying the commissioner.
28.26 	(c) A partnership of interested districts must submit an application to the commissioner 
28.27 	of education in the form and manner the commissioner determines, consistent with the 
28.28 	requirements of this section. The application must contain the formal approval adopted by 
28.29 	the school board in each district to participate in the plan.
28.30 	(d) Notwithstanding any other law to the contrary, a participating school district under 
28.31 	this section continues to: receive revenue and maintain its taxation authority; be organized 
28.32 	and governed by an elected school board with general powers under section 123B.02; and 
29.1 	be subject to employment agreements under chapter 122A, and section 179A.20; and district 
29.2 	employees continue to remain employees of the employing school district.
29.3 	(e) Participating districts must submit a biennial report by February 1 in each 
29.4 	odd-numbered year to the education committees of the legislature and the commissioner of 
29.5 	education that includes performance assessment, high school graduation, and career and 
29.6 	technical certification data to show the success of the partnership in preparing diverse 
29.7 	populations of students for careers and jobs.
29.8 		Subd. 2.Commissioner's role. The commissioner of education must convene an advisory 
29.9 	panel to advise the commissioner on applicants' qualifications to participate in this program. 
29.10 	The commissioner must ensure an equitable geographical distribution of program participants 
29.11 	to the extent practicable. The commissioner must select only those applicants that fully 
29.12 	comply with the requirements in subdivision 1. The commissioner may terminate a program 
29.13 	participant that fails to effectively implement the goals and objectives contained in its 
29.14 	application and according to its stated timeline.

29.15 	EFFECTIVE DATE. (a) This section is effective the day following final enactment 
29.16 	and applies to those applications submitted after that date.
29.17 	(b) Districts already approved for an innovation zone pilot project under Laws 2012, 
29.18 	chapter 263, section 1, as amended by Laws 2014, chapter 312, article 15, section 24, may 
29.19 	continue to operate.

29.20 	Sec. 20. Minnesota Statutes 2016, section 124D.549, is amended to read:
29.21 	124D.549 GENERAL EDUCATION DEVELOPMENT (GED) TESTS RULES; 
29.22 	COMMISSIONER COMMISSIONER-SELECTED HIGH SCHOOL EQUIVALENCY 
29.23 	TEST.
29.24 	The commissioner may amend rules to reflect changes in the national minimum standard 
29.25 	score for passing the general education development (GED) tests, in consultation with adult 
29.26 	basic education stakeholders, must select a high school equivalency test. The commissioner 
29.27 	may issue a high school equivalency diploma to a Minnesota resident 19 years of age or 
29.28 	older who has not earned a high school diploma, who has not previously been issued a 
29.29 	general education development (GED) test, and who has exceeded or achieved a minimum 
29.30 	passing score on the equivalency test established by the publisher. The commissioner of 
29.31 	education may waive the minimum age requirement if supportive evidence is provided by 
29.32 	an employer or a recognized education or rehabilitation provider.

30.1 	Sec. 21. Minnesota Statutes 2016, section 124D.55, is amended to read:
30.2 	124D.55 GENERAL EDUCATION DEVELOPMENT (GED)
30.3 	COMMISSIONER-SELECTED HIGH SCHOOL EQUIVALENCY TEST FEES.
30.4 	The commissioner shall pay 60 percent of the fee that is charged to an eligible individual 
30.5 	for the full battery of general education development (GED)the commissioner-selected 
30.6 	high school equivalency tests, but not more than $40 for an eligible individual.
30.7 	For fiscal year 2017 only, the commissioner shall pay 100 percent of the fee charged to 
30.8 	an eligible individual for the full battery of general education development (GED)the 
30.9 	commissioner-selected high school equivalency tests, but not more than the cost of one full 
30.10 	battery of tests per year for any individual.

30.11 	Sec. 22. Minnesota Statutes 2016, section 124E.03, subdivision 2, is amended to read:
30.12 		Subd. 2.Certain federal, state, and local requirements. (a) A charter school shall 
30.13 	meet all federal, state, and local health and safety requirements applicable to school districts.
30.14 	(b) A school must comply with statewide accountability requirements governing standards 
30.15 	and assessments in chapter 120B.
30.16 	(c) A charter school must comply with the Minnesota Public School Fee Law, sections 
30.17 	123B.34 to 123B.39.
30.18 	(d) A charter school is a district for the purposes of tort liability under chapter 466.
30.19 	(e) A charter school must comply with the Pledge of Allegiance requirement under 
30.20 	section 121A.11, subdivision 3.
30.21 	(f) A charter school and charter school board of directors must comply with chapter 181 
30.22 	governing requirements for employment.
30.23 	(g) A charter school must comply with continuing truant notification under section 
30.24 	260A.03.
30.25 	(h) A charter school must develop and implement a teacher evaluation and peer review 
30.26 	process under section 122A.40, subdivision 8, paragraph (b), clauses (2) to (13), and place 
30.27 	students in classrooms in accordance with section 122A.40, subdivision 8, paragraph (d). 
30.28 	The teacher evaluation process in this paragraph does not create any additional employment 
30.29 	rights for teachers.
31.1 	(i) A charter school must adopt a policy, plan, budget, and process, consistent with 
31.2 	section 120B.11, to review curriculum, instruction, and student achievement and strive for 
31.3 	the world's best workforce.
31.4 	(j) A charter school is subject to and must comply with the Pupil Fair Dismissal Act, 
31.5 	sections 121A.40 to 121A.56.

31.6 	Sec. 23. Minnesota Statutes 2016, section 124E.11, is amended to read:
31.7 	124E.11 ADMISSION REQUIREMENTS AND ENROLLMENT.
31.8 	(a) A charter school, including its free preschool or prekindergarten program established 
31.9 	under section 124E.06, subdivision 3, paragraph (b), may limit admission to:
31.10 	(1) pupils within an age group or grade level;
31.11 	(2) pupils who are eligible to participate in the graduation incentives program under 
31.12 	section 124D.68; or
31.13 	(3) residents of a specific geographic area in which the school is located when the 
31.14 	majority of students served by the school are members of underserved populations.
31.15 	(b) A charter school, including its free preschool or prekindergarten program established 
31.16 	under section 124E.06, subdivision 3, paragraph (b), shall enroll an eligible pupil who 
31.17 	submits a timely application, unless the number of applications exceeds the capacity of a 
31.18 	program, class, grade level, or building. In this case, pupils must be accepted by lot. The 
31.19 	charter school must develop and publish, including on its Web site, a lottery policy and 
31.20 	process that it must use when accepting pupils by lot.
31.21 	(c) A charter school shall give enrollment preference to a sibling of an enrolled pupil 
31.22 	and to a foster child of that pupil's parents and may give preference for enrolling children 
31.23 	of the school's staff before accepting other pupils by lot. A charter school that is located in 
31.24 	Duluth township in St. Louis County and admits students in kindergarten through grade 6 
31.25 	must give enrollment preference to students residing within a five-mile radius of the school 
31.26 	and to the siblings of enrolled children. A charter school may give enrollment preference 
31.27 	to children currently enrolled in the school's free preschool or prekindergarten program 
31.28 	under section 124E.06, subdivision 3, paragraph (a), who are eligible to enroll in kindergarten 
31.29 	in the next school year.
31.30 	(d) A person shall not be admitted to a charter school (1) as a kindergarten pupil, unless 
31.31 	the pupil is at least five years of age on September 1 of the calendar year in which the school 
31.32 	year for which the pupil seeks admission commences; or (2) as a first grade student, unless 
32.1 	the pupil is at least six years of age on September 1 of the calendar year in which the school 
32.2 	year for which the pupil seeks admission commences or has completed kindergarten; except 
32.3 	that a charter school may establish and publish on its Web site a policy for admission of 
32.4 	selected pupils at an earlier age, consistent with the enrollment process in paragraphs (b) 
32.5 	and (c).
32.6 	(e) Except as permitted in paragraph (d), a charter school, including its free preschool 
32.7 	or prekindergarten program established under section 124E.06, subdivision 3, paragraph 
32.8 	(b), may not limit admission to pupils on the basis of intellectual ability, measures of 
32.9 	achievement or aptitude, or athletic ability and may not establish any criteria or requirements 
32.10 	for admission that are inconsistent with this section.
32.11 	(f) The charter school shall not distribute any services or goods of value to students, 
32.12 	parents, or guardians as an inducement, term, or condition of enrolling a student in a charter 
32.13 	school.
32.14 	(g) Once a student is enrolled in the school, the student is considered enrolled in the 
32.15 	school until the student formally withdraws or is expelled under the Pupil Fair Dismissal 
32.16 	Act in sections 121A.40 to 121A.56. A charter school is subject to and must comply with 
32.17 	the Pupil Fair Dismissal Act, sections 121A.40 to 121A.56.
32.18 	(h) A charter school with at least 90 percent of enrolled students who are eligible for 
32.19 	special education services and have a primary disability of deaf or hard-of-hearing may 
32.20 	enroll prekindergarten pupils with a disability under section 126C.05, subdivision 1, 
32.21 	paragraph (a), and must comply with the federal Individuals with Disabilities Education 
32.22 	Act under Code of Federal Regulations, title 34, section 300.324, subsection (2), clause 
32.23 	(iv).

32.24 	Sec. 24. Minnesota Statutes 2016, section 125A.08, is amended to read:
32.25 	125A.08 INDIVIDUALIZED EDUCATION PROGRAMS.
32.26 	(a) At the beginning of each school year, each school district shall have in effect, for 
32.27 	each child with a disability, an individualized education program.
32.28 	(b) As defined in this section, every district must ensure the following:
32.29 	(1) all students with disabilities are provided the special instruction and services which 
32.30 	are appropriate to their needs. Where the individualized education program team has 
32.31 	determined appropriate goals and objectives based on the student's needs, including the 
32.32 	extent to which the student can be included in the least restrictive environment, and where 
32.33 	there are essentially equivalent and effective instruction, related services, or assistive 
33.1 	technology devices available to meet the student's needs, cost to the district may be among 
33.2 	the factors considered by the team in choosing how to provide the appropriate services, 
33.3 	instruction, or devices that are to be made part of the student's individualized education 
33.4 	program. The individualized education program team shall consider and may authorize 
33.5 	services covered by medical assistance according to section 256B.0625, subdivision 26. 
33.6 	Before a school district evaluation team makes a determination of other health disability 
33.7 	under Minnesota Rules, part 3525.1335, subparts 1 and 2, item A, subitem (1), the evaluation 
33.8 	team must seek written documentation of the student's medically diagnosed chronic or acute 
33.9 	health condition signed by a licensed physician or a licensed health care provider acting 
33.10 	within the scope of the provider's practice. The student's needs and the special education 
33.11 	instruction and services to be provided must be agreed upon through the development of 
33.12 	an individualized education program. The program must address the student's need to develop 
33.13 	skills to live and work as independently as possible within the community. The individualized 
33.14 	education program team must consider positive behavioral interventions, strategies, and 
33.15 	supports that address behavior needs for children. During grade 9, the program must address 
33.16 	the student's needs for transition from secondary services to postsecondary education and 
33.17 	training, employment, community participation, recreation, and leisure and home living. In 
33.18 	developing the program, districts must inform parents of the full range of transitional goals 
33.19 	and related services that should be considered. The program must include a statement of 
33.20 	the needed transition services, including a statement of the interagency responsibilities or 
33.21 	linkages or both before secondary services are concluded. If the individualized education 
33.22 	program meets the plan components in section 120B.125, the individualized education 
33.23 	program satisfies the requirement and no additional transition plan is needed;
33.24 	(2) children with a disability under age five and their families are provided special 
33.25 	instruction and services appropriate to the child's level of functioning and needs;
33.26 	(3) children with a disability and their parents or guardians are guaranteed procedural 
33.27 	safeguards and the right to participate in decisions involving identification, assessment 
33.28 	including assistive technology assessment, and educational placement of children with a 
33.29 	disability;
33.30 	(4) eligibility and needs of children with a disability are determined by an initial 
33.31 	evaluation or reevaluation, which may be completed using existing data under United States 
33.32 	Code, title 20, section 33, et seq.;
33.33 	(5) to the maximum extent appropriate, children with a disability, including those in 
33.34 	public or private institutions or other care facilities, are educated with children who are not 
33.35 	disabled, and that special classes, separate schooling, or other removal of children with a 
34.1 	disability from the regular educational environment occurs only when and to the extent that 
34.2 	the nature or severity of the disability is such that education in regular classes with the use 
34.3 	of supplementary services cannot be achieved satisfactorily;
34.4 	(6) in accordance with recognized professional standards, testing and evaluation materials, 
34.5 	and procedures used for the purposes of classification and placement of children with a 
34.6 	disability are selected and administered so as not to be racially or culturally discriminatory; 
34.7 	and
34.8 	(7) the rights of the child are protected when the parents or guardians are not known or 
34.9 	not available, or the child is a ward of the state.
34.10 	(c) For all paraprofessionals employed to work in programs whose role in part is to 
34.11 	provide direct support to students with disabilities, the school board in each district shall 
34.12 	ensure that:
34.13 	(1) before or beginning at the time of employment, each paraprofessional must develop 
34.14 	sufficient knowledge and skills in emergency procedures, building orientation, roles and 
34.15 	responsibilities, confidentiality, vulnerability, and reportability, among other things, to begin 
34.16 	meeting the needs, especially disability-specific and behavioral needs, of the students with 
34.17 	whom the paraprofessional works;
34.18 	(2) annual training opportunities are required to enable the paraprofessional to continue 
34.19 	to further develop the knowledge and, skills, and cultural competency, consistent with 
34.20 	section 120B.30, subdivision 1, paragraph (q), that are specific to the students with whom 
34.21 	the paraprofessional works, including understanding disabilities, the unique and individual 
34.22 	needs of each student according to the student's disability and how the disability affects the 
34.23 	student's education and behavior, following lesson plans, and implementing follow-up 
34.24 	instructional procedures and activities; and
34.25 	(3) a districtwide process obligates each paraprofessional to work under the ongoing 
34.26 	direction of a licensed teacher and, where appropriate and possible, the supervision of a 
34.27 	school nurse.
34.28 	(d) The school board must make available annual training opportunities to enable a 
34.29 	special education teacher serving on an individualized education program team to further 
34.30 	develop the knowledge, skills, and cultural competency necessary to appropriately serve 
34.31 	students. For purposes of this section "cultural competency," means the ability and will to 
34.32 	interact effectively with people of different cultures, native languages, and socioeconomic 
34.33 	backgrounds.

35.1 	EFFECTIVE DATE. This section is effective for the 2017-2018 school year and later.

35.2 	Sec. 25. Minnesota Statutes 2016, section 126C.05, subdivision 8, is amended to read:
35.3 		Subd. 8.Average daily membership. (a) Membership for pupils in grades kindergarten 
35.4 	through 12 and for prekindergarten pupils with disabilities shall mean the number of pupils 
35.5 	on the current roll of the school, counted from the date of entry until withdrawal. The date 
35.6 	of withdrawal shall mean the day the pupil permanently leaves the school or the date it is 
35.7 	officially known that the pupil has left or has been legally excused. However, a pupil, 
35.8 	regardless of age, who has been absent from school for 15 consecutive school days during 
35.9 	the regular school year or for five consecutive school days during summer school or 
35.10 	intersession classes of flexible school year programs without receiving instruction in the 
35.11 	home or hospital shall be dropped from the roll and classified as withdrawn. Nothing in this 
35.12 	section shall be construed as waiving the compulsory attendance provisions cited in section 
35.13 	120A.22. Average daily membership equals the sum for all pupils of the number of days 
35.14 	of the school year each pupil is enrolled in the district's schools divided by the number of 
35.15 	days the schools are in session or are providing e-learning days due to inclement weather. 
35.16 	Days of summer school or intersession classes of flexible school year programs are only 
35.17 	included in the computation of membership for pupils with a disability not appropriately 
35.18 	served primarily in the regular classroom. A student must not be counted as more than 1.2 
35.19 	pupils in average daily membership under this section. When the initial total average daily 
35.20 	membership exceeds 1.2 for a pupil enrolled in more than one school district during the 
35.21 	fiscal year, each district's average daily membership must be reduced proportionately.
35.22 	(b) A student must not be counted as more than one pupil in average daily membership 
35.23 	except for purposes of section 126C.10, subdivision 2a.

35.24 	Sec. 26. Minnesota Statutes 2016, section 256J.08, subdivision 38, is amended to read:
35.25 		Subd. 38.Full-time student. "Full-time student" means a person who is enrolled in a 
35.26 	graded or ungraded primary, intermediate, secondary, GEDcommissioner of 
35.27 	education-selected high school equivalency preparatory, trade, technical, vocational, or 
35.28 	postsecondary school, and who meets the school's standard for full-time attendance.

35.29 	Sec. 27. Minnesota Statutes 2016, section 256J.08, subdivision 39, is amended to read:
35.30 		Subd. 39.General educational development or GED Commissioner of 
35.31 	education-selected high school equivalency. "General educational development" or "GED"
35.32 	"Commissioner of education-selected high school equivalency" means the general educational 
36.1 	developmenthigh school equivalency certification issued by the commissioner of education 
36.2 	as an equivalent to a secondary school diploma under Minnesota Rules, part 3500.3100, 
36.3 	subpart 4 section 124D.549.

36.4 	Sec. 28. COMMISSIONER REPORT ON DYSLEXIA.
 36.5 	(a) The commissioner of education must submit a report to the legislature on resources 
36.6 	and administrative changes that would assist schools in addressing the needs of students 
36.7 	with dyslexia and convergence insufficiency disorder. The report must identify the following:
36.8 	(1) resources for school districts including screening tools and best practices for 
36.9 	identifying students with dyslexia and convergence insufficiency disorder;
36.10 	(2) intervention strategies and teaching approaches to help students with dyslexia to 
36.11 	develop language skills, including reading and writing; and
36.12 	(3) changes to Minnesota Rules, part 3525.1341, and other rules adopted by the 
36.13 	Department of Education that would assist schools in identifying students with dyslexia 
36.14 	and implement intervention strategies to meet the needs of students with dyslexia and 
36.15 	convergence insufficiency disorder.
36.16 	(b) The commissioner must submit the report to the education policy and finance 
36.17 	committees of the legislature by February 15, 2018.

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

36.19 	Sec. 29. REVISOR'S INSTRUCTION.
 36.20 	In Minnesota Statutes and Minnesota Rules, the revisor of statutes shall substitute the 
36.21 	term "commissioner-selected high school equivalency" or similar term for "general education 
36.22 	development," "GED," or similar terms for wherever the term refers to the tests or programs 
36.23 	leading to a certification issued by the commissioner of education as an equivalency to a 
36.24 	secondary diploma.

36.25 	Sec. 30. REPEALER.
 36.26 	Minnesota Rules, part 3500.3100, subpart 4, is repealed.

36.27 	ARTICLE 3
36.28 	TEACHERS

36.29 	Section 1. Minnesota Statutes 2016, section 122A.09, subdivision 4a, is amended to read:
37.1 		Subd. 4a.Teacher and administrator preparation and performance data; report.
 37.2 	(a) The Board of Teaching and the Board of School Administrators, in cooperation with the 
37.3 	Minnesota Association of Colleges of Teacher Education and Minnesota colleges and 
37.4 	universities offering board-adopted teacher or administrator preparation programs, annually 
37.5 	must collect and report summary data on teacher and administrator preparation and 
37.6 	performance outcomes, consistent with this subdivision. The Board of Teaching and the 
37.7 	Board of School Administrators annually by June 1 must update and post the reported 
37.8 	summary preparation and performance data on teachers and administrators from the preceding 
37.9 	school years on a Web site hosted jointly by the boards.
37.10 	(b) Publicly reported summary data on teacher preparation programs must include: 
37.11 	student entrance requirements for each Board of Teaching-approved program, including 
37.12 	grade point average for enrolling students in the preceding year; the average board-adopted 
37.13 	skills examination or ACT or SAT scores of students entering the program in the preceding 
37.14 	year; summary data on faculty qualifications, including at least the content areas of faculty 
37.15 	undergraduate and graduate degrees and their years of experience either as kindergarten 
37.16 	through grade 12 classroom teachers or school administrators; the average time resident 
37.17 	and nonresident program graduates in the preceding year needed to complete the program; 
37.18 	the current number and percent of students by program who graduated, received a standard 
37.19 	Minnesota teaching license, and were hired to teach full time in their licensure field in a 
37.20 	Minnesota district or school in the preceding year, disaggregated by race, except when such 
37.21 	disaggregation would not yield statistically reliable results or would reveal personally 
37.22 	identifiable information about an individual; the number of content area credits and other 
37.23 	credits by undergraduate program that students in the preceding school year needed to 
37.24 	complete to graduate; students' pass rates on skills and subject matter exams required for 
37.25 	graduation in each program and licensure area in the preceding school year; survey results 
37.26 	measuring student and graduate satisfaction with the program in the preceding school year, 
37.27 	disaggregated by race, except when such disaggregation would not yield statistically reliable 
37.28 	results or would reveal personally identifiable information about an individual; a standard 
37.29 	measure of the satisfaction of school principals or supervising teachers with the student 
37.30 	teachers assigned to a school or supervising teacher; and information under paragraphs (d) 
37.31 	and (e). Program reporting must be consistent with subdivision 11.
37.32 	(c) Publicly reported summary data on administrator preparation programs approved by 
37.33 	the Board of School Administrators must include: summary data on faculty qualifications, 
37.34 	including at least the content areas of faculty undergraduate and graduate degrees and their 
37.35 	years of experience either as kindergarten through grade 12 classroom teachers or school 
38.1 	administrators; the average time program graduates in the preceding year needed to complete 
38.2 	the program; the current number and percent of students who graduated, received a standard 
38.3 	Minnesota administrator license, and were employed as an administrator in a Minnesota 
38.4 	school district or school in the preceding year, disaggregated by race, except when such 
38.5 	disaggregation would not yield statistically reliable results or would reveal personally 
38.6 	identifiable information about an individual; the number of credits by graduate program 
38.7 	that students in the preceding school year needed to complete to graduate; survey results 
38.8 	measuring student, graduate, and employer satisfaction with the program in the preceding 
38.9 	school year, disaggregated by race, except when such disaggregation would not yield 
38.10 	statistically reliable results or would reveal personally identifiable information about an 
38.11 	individual; and information under paragraphs (f) and (g). Program reporting must be 
38.12 	consistent with section 122A.14, subdivision 10.
38.13 	(d) School districts annually by October 1 must report to the Board of Teaching the 
38.14 	following information for all teachers who finished the probationary period and accepted 
38.15 	a continuing contract position with the district from September 1 of the previous year through 
38.16 	August 31 of the current year: the effectiveness category or rating of the teacher on the 
38.17 	summative evaluation under section 122A.40, subdivision 8, or 122A.41, subdivision 5; 
38.18 	the licensure area in which the teacher primarily taught during the three-year evaluation 
38.19 	cycle; and the teacher preparation program preparing the teacher in the teacher's primary 
38.20 	areas of instruction and licensure.
38.21 	(e) School districts annually by October 1 must report to the Board of Teaching the 
38.22 	following information for all probationary teachers in the district who were released or 
38.23 	whose contracts were not renewed from September 1 of the previous year through August 
38.24 	31 of the current year: the licensure areas in which the probationary teacher taught; and the 
38.25 	teacher preparation program preparing the teacher in the teacher's primary areas of instruction 
38.26 	and licensure.
38.27 	(f) School districts annually by October 1 must report to the Board of School 
38.28 	Administrators the following information for all school principals and assistant principals 
38.29 	who finished the probationary period and accepted a continuing contract position with the 
38.30 	district from September 1 of the previous year through August 31 of the current year: the 
38.31 	effectiveness category or rating of the principal or assistant principal on the summative 
38.32 	evaluation under section 123B.147, subdivision 3; and the principal preparation program 
38.33 	providing instruction to the principal or assistant principal.
38.34 	(g) School districts annually by October 1 must report to the Board of School 
38.35 	Administrators all probationary school principals and assistant principals in the district who 
39.1 	were released or whose contracts were not renewed from September 1 of the previous year 
39.2 	through August 31 of the current year.
39.3 	(h) Data that must be disaggregated by race under this section must be reported in the 
39.4 	following categories:
39.5 	(1) American Indian or Alaskan Native;
39.6 	(2) Asian;
39.7 	(3) Black or African American;
39.8 	(4) Hispanic or Latino;
39.9 	(5) Native Hawaiian or Other Pacific Islander;
39.10 	(6) White; and
39.11 	(7) two or more races.

39.12 	Sec. 2. Minnesota Statutes 2016, section 122A.415, subdivision 4, is amended to read:
39.13 		Subd. 4.Basic alternative teacher compensation aid. (a) The basic alternative teacher 
39.14 	compensation aid for a school with a plan approved under section 122A.414, subdivision 
39.15 	2b, equals 65 percent of the alternative teacher compensation revenue under subdivision 1. 
39.16 	The basic alternative teacher compensation aid for a charter school with a plan approved 
39.17 	under section 122A.414, subdivisions 2a and 2b, equals $260 times the number of pupils 
39.18 	enrolled in the school on October 1 of the previous year, or on October 1 of the current year 
39.19 	for a charter school in the first year of operation, times the ratio of the sum of the alternative 
39.20 	teacher compensation aid and alternative teacher compensation levy for all participating 
39.21 	school districts to the maximum alternative teacher compensation revenue for those districts 
39.22 	under subdivision 1.
39.23 	(b) Notwithstanding paragraph (a) and subdivision 1, the state total basic alternative 
39.24 	teacher compensation aid entitlement must not exceed $75,840,000 for fiscal year 2016 and 
39.25 	$88,118,000 for fiscal year 2017 and later. The commissioner must limit the amount of 
39.26 	alternative teacher compensation aid approved under this section so as not to exceed these 
39.27 	limits by not approving new participants or by prorating the aid among participating districts, 
39.28 	intermediate school districts, school sites, and charter schools. The commissioner may also 
39.29 	reallocate a portion of the allowable aid for the biennium from the second year to the first 
39.30 	year to meet the needs of approved participants.
40.1 	(c) Basic alternative teacher compensation aid for an intermediate district or other 
40.2 	cooperative unit equals $3,000 times the number of licensed teachers employed by the 
40.3 	intermediate district or cooperative unit on October 1 of the previous school year.

40.4 	Sec. 3. [122A.417] ALTERNATIVE TEACHER COMPENSATION REVENUE 
40.5 	FOR ST. CROIX RIVER EDUCATION DISTRICT.
40.6 	Notwithstanding section 122A.415, subdivision 4, paragraph (c), the St. Croix River 
40.7 	Education District, No. 6009-61, is eligible to receive alternative teacher compensation 
40.8 	revenue based on its staffing as of October 1 of the previous fiscal year as reported to the 
40.9 	department in a manner determined by the commissioner. To qualify for alternative teacher 
40.10 	compensation revenue, the St. Croix River Education District must meet all of the 
40.11 	requirements of sections 122A.414 and 122A.415 that apply to cooperative units, must 
40.12 	report its staffing as of October 1 of each year to the department in a manner determined 
40.13 	by the commissioner, and must annually report to the department by November 30 its 
40.14 	expenditures for the alternative teacher professional pay system consistent with the uniform 
40.15 	financial accounting and reporting standards.

40.16 	Sec. 4. [122A.627] POSITIVE BEHAVIORAL INTERVENTIONS AND SUPPORTS.
40.17 	"Positive behavioral interventions and supports" or "PBIS" means an evidence-based 
40.18 	framework for preventing problem behavior, providing instruction and support for positive 
40.19 	and prosocial behaviors, and supporting social, emotional, and behavioral needs for all 
40.20 	students. Schoolwide implementation of PBIS requires training, coaching, and evaluation 
40.21 	for school staff to consistently implement the key components that make PBIS effective for 
40.22 	all students, including:
40.23 	(1) establishing, defining, teaching, and practicing three to five positively stated 
40.24 	schoolwide behavioral expectations that are representative of the local community and 
40.25 	cultures;
40.26 	(2) developing and implementing a consistent system used by all staff to provide positive 
40.27 	feedback and acknowledgment for students who display schoolwide behavioral expectations;
40.28 	(3) developing and implementing a consistent and specialized support system for students 
40.29 	who do not display behaviors representative of schoolwide positive expectations;
40.30 	(4) developing a system to support decisions based on data related to student progress, 
40.31 	effective implementation of behavioral practices, and screening for students requiring 
40.32 	additional behavior supports;
41.1 	(5) using a continuum of evidence-based interventions that is integrated and aligned to 
41.2 	support academic and behavioral success for all students; and
41.3 	(6) using a team-based approach to support effective implementation, monitor progress, 
41.4 	and evaluate outcomes.
41.5 	Consistent with section 120B.232, subdivision 1, character education curriculum and 
41.6 	programs may be used to support implementation of the key components of PBIS.

41.7 	ARTICLE 4
41.8 	SPECIAL EDUCATION

41.9 	Section 1. Minnesota Statutes 2016, section 125A.0941, is amended to read:
41.10 	125A.0941 DEFINITIONS.
41.11 	(a) The following terms have the meanings given them.
41.12 	(b) "Emergency" means a situation where immediate intervention is needed to protect 
41.13 	a child or other individual from physical injury. Emergency does not mean circumstances 
41.14 	such as: a child who does not respond to a task or request and instead places his or her head 
41.15 	on a desk or hides under a desk or table; a child who does not respond to a staff person's 
41.16 	request unless failing to respond would result in physical injury to the child or other 
41.17 	individual; or an emergency incident has already occurred and no threat of physical injury 
41.18 	currently exists.
41.19 	(c) "Physical holding" means physical intervention intended to hold a child immobile 
41.20 	or limit a child's movement, where body contact is the only source of physical restraint, and 
41.21 	where immobilization is used to effectively gain control of a child in order to protect a child 
41.22 	or other individual from physical injury. The term physical holding does not mean physical 
41.23 	contact that:
41.24 	(1) helps a child respond or complete a task;
41.25 	(2) assists a child without restricting the child's movement;
41.26 	(3) is needed to administer an authorized health-related service or procedure; or
41.27 	(4) is needed to physically escort a child when the child does not resist or the child's 
41.28 	resistance is minimal.
41.29 	(d) "Positive behavioral interventions and supports" means interventions and strategies 
41.30 	to improve the school environment and teach children the skills to behave appropriately, 
41.31 	including the key components under section 122A.627.
42.1 	(e) "Prone restraint" means placing a child in a face down position.
42.2 	(f) "Restrictive procedures" means the use of physical holding or seclusion in an 
42.3 	emergency. Restrictive procedures must not be used to punish or otherwise discipline a 
42.4 	child.
42.5 	(g) "Seclusion" means confining a child alone in a room from which egress is barred. 
42.6 	Egress may be barred by an adult locking or closing the door in the room or preventing the 
42.7 	child from leaving the room. Removing a child from an activity to a location where the 
42.8 	child cannot participate in or observe the activity is not seclusion.

42.9 	Sec. 2. Minnesota Statutes 2016, section 125A.515, is amended to read:
42.10 	125A.515 PLACEMENT OF STUDENTS; APPROVAL OF EDUCATION 
42.11 	PROGRAM.
42.12 		Subdivision 1.Approval of on-site education programs. The commissioner shall 
42.13 	approve on-site education programs for placement of children and youth in residential 
42.14 	facilities including detention centers, before being licensed by the Department of Human 
42.15 	Services or the Department of Corrections. Education programs in these facilities shall 
42.16 	conform to state and federal education laws including the Individuals with Disabilities 
42.17 	Education Act (IDEA). This section applies only to placements in children's residential 
42.18 	facilities licensed by the Department of Human Services or the Department of Corrections. 
42.19 	For purposes of this section, "on-site education program" means the educational services 
42.20 	provided directly on the grounds of the care and treatmentchildren's residential facility to 
42.21 	children and youth placed for care and treatment.
42.22 		Subd. 3.Responsibilities for providing education. (a) The district in which the children's 
42.23 	residential facility is located must provide education services, including special education 
42.24 	if eligible, to all students placed in a facility.
42.25 	(b) For education programs operated by the Department of Corrections, the providing 
42.26 	district shall be the Department of Corrections. For students remanded to the commissioner 
42.27 	of corrections, the providing and resident district shall be the Department of Corrections.
42.28 		Subd. 3a.Students without a disability from other states. A school district is not 
42.29 	required to provide education services under this section to a student who:
42.30 	(1) is not a resident of Minnesota;
42.31 	(2) does not have an individualized education program; and
43.1 	(3) does not have a tuition arrangement or agreement to pay the cost of education from 
43.2 	the placing authority.
43.3 		Subd. 4.Education services required. (a) Education services must be provided to a 
43.4 	student beginning within three business days after the student enters the care and treatment
43.5 	children's residential facility. The first four days of the student's placement may be used to 
43.6 	screen the student for educational and safety issues.
43.7 	(b) If the student does not meet the eligibility criteria for special education, regular 
43.8 	education services must be provided to that student.
43.9 		Subd. 5.Education programs for students placed in children's residential facilities.
 43.10 	(a) When a student is placed in a children's residential facility approved under this section 
43.11 	that has an on-site education program, the providing district, upon notice from the care and 
43.12 	treatmentchildren's residential facility, must contact the resident district within one business 
43.13 	day to determine if a student has been identified as having a disability, and to request at 
43.14 	least the student's transcript, and for students with disabilities, the most recent individualized 
43.15 	education program (IEP) and evaluation report, and to determine if the student has been 
43.16 	identified as a student with a disability. The resident district must send a facsimile copy to 
43.17 	the providing district within two business days of receiving the request.
43.18 	(b) If a student placed under this section has been identified as having a disability and 
43.19 	has an individualized education program in the resident district:
43.20 	(1) the providing agency must conduct an individualized education program meeting to 
43.21 	reach an agreement about continuing or modifying special education services in accordance 
43.22 	with the current individualized education program goals and objectives and to determine if 
43.23 	additional evaluations are necessary; and
43.24 	(2) at least the following people shall receive written notice or documented phone call 
43.25 	to be followed with written notice to attend the individualized education program meeting:
43.26 	(i) the person or agency placing the student;
43.27 	(ii) the resident district;
43.28 	(iii) the appropriate teachers and related services staff from the providing district;
43.29 	(iv) appropriate staff from the children's residential facility;
43.30 	(v) the parents or legal guardians of the student; and
43.31 	(vi) when appropriate, the student.
44.1 	(c) For a student who has not been identified as a student with a disability, a screening 
44.2 	must be conducted by the providing districts as soon as possible to determine the student's 
44.3 	educational and behavioral needs and must include a review of the student's educational 
44.4 	records.
44.5 		Subd. 6.Exit report summarizing educational progress. If a student has been placed 
44.6 	in a facility under this section for 15 or more business days, the providing district must 
44.7 	prepare an exit report summarizing the regular education, special education, evaluation, 
44.8 	educational progress, and service information and must send the report to the resident district 
44.9 	and the next providing district if different, the parent or legal guardian, and any appropriate 
44.10 	social service agency. For students with disabilities, this report must include the student's 
44.11 	IEP.
44.12 		Subd. 7.Minimum educational services required. When a student is placed in a 
44.13 	children's residential facility approved under this section, at a minimum, the providing 
44.14 	district is responsible for:
44.15 	(1) the education necessary, including summer school services, for a student who is not 
44.16 	performing at grade level as indicated in the education record or IEP; and
44.17 	(2) a school day, of the same length as the school day of the providing district, unless 
44.18 	the unique needs of the student, as documented through the IEP or education record in 
44.19 	consultation with treatment providers, requires an alteration in the length of the school day.
44.20 		Subd. 8.Placement, services, and due process. When a student's treatment and 
44.21 	educational needs allow, education shall be provided in a regular educational setting. The 
44.22 	determination of the amount and site of integrated services must be a joint decision between 
44.23 	the student's parents or legal guardians and the treatment and education staff. When 
44.24 	applicable, educational placement decisions must be made by the IEP team of the providing 
44.25 	district. Educational services shall be provided in conformance with the least restrictive 
44.26 	environment principle of the Individuals with Disabilities Education Act. The providing 
44.27 	district and care and treatment children's residential facility shall cooperatively develop 
44.28 	discipline and behavior management procedures to be used in emergency situations that 
44.29 	comply with the Minnesota Pupil Fair Dismissal Act and other relevant state and federal 
44.30 	laws and regulations.
44.31 		Subd. 9.Reimbursement for education services. (a) Education services provided to 
44.32 	students who have been placed under this section are reimbursable in accordance with 
44.33 	special education and general education statutes.
45.1 	(b) Indirect or consultative services provided in conjunction with regular education 
45.2 	prereferral interventions and assessment provided to regular education students suspected 
45.3 	of being disabled and who have demonstrated learning or behavioral problems in a screening 
45.4 	are reimbursable with special education categorical aids.
45.5 	(c) Regular education, including screening, provided to students with or without 
45.6 	disabilities is not reimbursable with special education categorical aids.
45.7 		Subd. 10.Students unable to attend school but not covered under this section.
 45.8 	Students who are absent from, or predicted to be absent from, school for 15 consecutive or 
45.9 	intermittent days, and placed at home or in facilities not licensed by the Departments of 
45.10 	Corrections or Human Services are entitled to regular and special education services 
45.11 	consistent with this section or Minnesota Rules, part 3525.2325. These students include 
45.12 	students with and without disabilities who are home due to accident or illness, in a hospital 
45.13 	or other medical facility, or in a day treatment center.

45.14 	Sec. 3. SPECIAL EDUCATION ASSISTIVE TECHNOLOGY STUDY.
 45.15 		Subdivision 1.Study. The commissioner of education must examine the use of assistive 
45.16 	technology in Minnesota school districts. The commissioner may examine financial data, 
45.17 	survey school officials, and use other methods to collect data on the use of assistive 
45.18 	technology by Minnesota's students. The commissioner must consult with the Minnesota 
45.19 	Assistive Technology Advisory Council and other interested organizations to determine the 
45.20 	scope and focus of the study.
45.21 		Subd. 2.Data reporting.  The commissioner must examine the federally required uniform 
45.22 	financial accounting and reporting standards object codes, and if necessary, recommend 
45.23 	changes to better capture school district spending on assistive technology. The commissioner 
45.24 	must examine approaches to collecting additional student level assistive technology data 
45.25 	through the electronic data reporting system.
45.26 		Subd. 3.Assistive technology manual. The commissioner must examine the department's 
45.27 	assistive technology manual, and determine whether to prepare a revised manual.
45.28 		Subd. 4.Report. The commissioner of education must report to the education committees 
45.29 	of the legislature by February 15, 2018, on the use of assistive technology by Minnesota's 
45.30 	students and recommend statutory changes to encourage individualized education programs 
45.31 	and individualized family services plans to incorporate a child-centered assistive technology 
45.32 	plan.

46.1 	ARTICLE 5
46.2 	NUTRITION

46.3 	Section 1. Minnesota Statutes 2016, section 123B.52, subdivision 1, is amended to read:
46.4 		Subdivision 1.Contracts. A contract for work or labor, or for the purchase of furniture, 
46.5 	fixtures, or other property, except books registered under the copyright laws and information 
46.6 	systems software, or for the construction or repair of school houses, the estimated cost or 
46.7 	value of which shall exceed that specified in section 471.345, subdivision 3, must not be 
46.8 	made by the school board without first advertising for bids or proposals by two weeks' 
46.9 	published notice in the official newspaper. This notice must state the time and place of 
46.10 	receiving bids and contain a brief description of the subject matter.
46.11 	Additional publication in the official newspaper or elsewhere may be made as the board 
46.12 	shall deem necessary.
46.13 	After taking into consideration conformity with the specifications, terms of delivery, 
46.14 	and other conditions imposed in the call for bids, every such contract for which a call for 
46.15 	bids has been issued must be awarded to the lowest responsible bidder, be duly executed 
46.16 	in writing, and be otherwise conditioned as required by law. The person to whom the contract 
46.17 	is awarded shall give a sufficient bond to the board for its faithful performance. 
46.18 	Notwithstanding section 574.26 or any other law to the contrary, on a contract limited to 
46.19 	the purchase of a finished tangible product, a board may require, at its discretion, a 
46.20 	performance bond of a contractor in the amount the board considers necessary. A record 
46.21 	must be kept of all bids, with names of bidders and amount of bids, and with the successful 
46.22 	bid indicated thereon. A bid containing an alteration or erasure of any price contained in 
46.23 	the bid which is used in determining the lowest responsible bid must be rejected unless the 
46.24 	alteration or erasure is corrected as provided in this section. An alteration or erasure may 
46.25 	be crossed out and the correction thereof printed in ink or typewritten adjacent thereto and 
46.26 	initialed in ink by the person signing the bid. In the case of identical low bids from two or 
46.27 	more bidders, the board may, at its discretion, utilize negotiated procurement methods with 
46.28 	the tied low bidders for that particular transaction, so long as the price paid does not exceed 
46.29 	the low tied bid price. In the case where only a single bid is received, the board may, at its 
46.30 	discretion, negotiate a mutually agreeable contract with the bidder so long as the price paid 
46.31 	does not exceed the original bid. If no satisfactory bid is received, the board may readvertise. 
46.32 	Standard requirement price contracts established for supplies or services to be purchased 
46.33 	by the district must be established by competitive bids. Such standard requirement price 
46.34 	contracts may contain escalation clauses and may provide for a negotiated price increase 
47.1 	or decrease based upon a demonstrable industrywide or regional increase or decrease in the 
47.2 	vendor's costs. Either party to the contract may request that the other party demonstrate 
47.3 	such increase or decrease. The term of such contracts must not exceed two years with an 
47.4 	option on the part of the district to renew for an additional two years, except as provided in 
47.5 	subdivision 7. Contracts for the purchase of perishable food items, except milk for school 
47.6 	lunches and vocational training programs, in any amount may be made by direct negotiation 
47.7 	by obtaining two or more written quotations for the purchase or sale, when possible, without 
47.8 	advertising for bids or otherwise complying with the requirements of this section or section 
47.9 	471.345, subdivision 3. All quotations obtained shall be kept on file for a period of at least 
47.10 	one year after receipt.
47.11 	Every contract made without compliance with the provisions of this section shall be 
47.12 	void. Except in the case of the destruction of buildings or injury thereto, where the public 
47.13 	interest would suffer by delay, contracts for repairs may be made without advertising for 
47.14 	bids.

47.15 	EFFECTIVE DATE. This section is effective for contracts entered into on or after July 
47.16 	1, 2017.

47.17 	Sec. 2. Minnesota Statutes 2016, section 123B.52, is amended by adding a subdivision to 
47.18 	read:
47.19 		Subd. 7.Food service contracts. A contract between a school board and a food service 
47.20 	management company that complies with Code of Federal Regulations, title 7, section 
47.21 	210.16, may be renewed annually after its initial term for not more than four additional 
47.22 	years.

47.23 	EFFECTIVE DATE. This section is effective for contracts entered into on or after July 
47.24 	1, 2017.

47.25 	ARTICLE 6
47.26 	LIBRARIES

47.27 	Section 1. Minnesota Statutes 2016, section 134.31, subdivision 2, is amended to read:
47.28 		Subd. 2.Advice and instruction. The Department of Education shall give advice and 
47.29 	instruction to the managers of any public library or to any governing body maintaining a 
47.30 	library or empowered to do so by law upon any matter pertaining to the organization, 
47.31 	maintenance, or administration of libraries. The department may also give advice and 
47.32 	instruction, as requested, to postsecondary educational institutions, school districts or charter 
48.1 	schools, state agencies, governmental units, nonprofit organizations, or private entities. It 
48.2 	shall assist, to the extent possible, in the establishment and organization of library service 
48.3 	in those areas where adequate services do not exist, and may aid in improving previously 
48.4 	established library services. The department shall also provide assistance to school districts, 
48.5 	regional library systems, and member libraries interested in offering joint library services 
48.6 	at a single location.

APPENDIX 

Repealed Minnesota Statutes: H1376-1 

124D.73 DEFINITIONS.Subd. 2.American Indian child. 
"American Indian child" means any child, living on or off a reservation, who is enrolled or eligible for enrollment in a federally recognized tribe. 

3500.3100ISSUANCE OF GENERAL EDUCATIONAL DEVELOPMENT (GED) DIPLOMA.   Subp. 4.General Educational Development (GED) diploma.  
The commissioner of education may issue a General Educational Development (GED) diploma to a Minnesota resident 19 years of age or over who has not earned a high school diploma and who has not previously been issued a GED if: 

A.
 the person makes written application through any of the approved GED testing centers located in Minnesota; and 

B.
 the person obtains a minimum standard score of 410 on each of the five GED tests and an average standard score of at least 450 on all five tests or the minimum standard scores required by the GED testing service, whichever is greater. 

GED tests must be administered only by official agencies established by the American Council on Education and approved by the commissioner of education. 

The commissioner of education may waive the minimum age requirement if supportive evidence is provided by an employer or a recognized education or rehabilitation provider.