HF 538

as introduced - 86th Legislature (2009 - 2010) Posted on 02/09/2010 01:38am

A bill for an act
relating to education finance; establishing a shared services purchasing program;
requiring all school districts and charter schools to participate in the shared
services program; requiring the Department of Education to administer the shared
services program; requiring the Department of Education to enter a contract with
a vendor to establish the shared services program; establishing a deduction from
the general education program; setting state and district technology guidelines;
creating a quality rating and improvement system; updating annual report on
district passage rate; clarifying the definition of comprehensive scientifically
based reading instruction; making requirements of kindergarten and elementary
teachers; appropriating money; amending Minnesota Statutes 2008, sections
122A.06, subdivision 4; 122A.18, subdivisions 2, 2a, by adding a subdivision;
123B.143, subdivision 1; proposing coding for new law in Minnesota Statutes,
chapters 123B; 124D; 125B; 127A.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2008, section 122A.06, subdivision 4, is amended to
read:

Subd. 4.

Comprehensive, scientifically based reading instruction.

new text begin (a)
new text end "Comprehensive, scientifically based reading instruction" includes a program or collection
of instructional practices that is based on deleted text begin reliable, deleted text end valid new text begin , replicated new text end evidence showing
that when these programs or practices are used, students can be expected to achieve, at
a minimum, satisfactory reading progress. The program or collection of practices must
include, at a minimum, instruction in five areas of reading: phonemic awareness, phonics,
fluency, vocabulary new text begin development new text end , and deleted text begin text deleted text end new text begin reading new text end comprehension.

Comprehensive, scientifically based reading instruction also includes and integrates
instructional strategies for continuously assessing, evaluating, and communicating
the student's reading progress and needs in order to design and implement ongoing
interventions so that students of all ages and proficiency levels can read and comprehend
text and apply higher level thinking skills.

new text begin (b) "Phonemic awareness" is the ability of students to notice, think about, and
manipulate the individual sounds in spoken syllables and words.
new text end

new text begin (c) "Phonics" is the understanding that there are systematic and predictable
relationships between written letters and spoken words. Phonics instruction is a way
of teaching reading that stresses learning how letters correspond to sounds and how to
apply this knowledge in reading and spelling.
new text end

new text begin (d) "Fluency" is the ability of students to be able to read text with speed, accuracy,
and proper expression.
new text end

new text begin (e) "Vocabulary development" is the process of teaching vocabulary both directly
and indirectly, with repetition and multiple exposures to vocabulary items. Learning
in rich contexts, incidental learning, and use of computer technology all enhance the
acquisition of vocabulary.
new text end

new text begin (f) "Reading comprehension" is an active process that requires intentional thinking
during which meaning is constructed through interactions between text and reader.
Comprehension skills are taught explicitly by demonstrating, explaining, modeling, and
implementing specific cognitive strategies to help beginning readers derive meaning by
intentional, problem-solving thinking processes.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 2.

Minnesota Statutes 2008, section 122A.18, subdivision 2, is amended to read:

Subd. 2.

Teacher and support personnel qualifications.

(a) The Board of
Teaching must issue licenses under its jurisdiction to persons the board finds to be
qualified and competent for their respective positions.

(b) The board must require a person to successfully complete an examination of
skills in reading, writing, and mathematics before being granted an initial teaching license
to provide direct instruction to pupils in prekindergarten, elementary, secondary, or special
education programs. new text begin In addition, the board must require a person to successfully complete
an assessment of reading instruction consistent with subdivision 2c before being granted
an initial teaching license to provide direct instruction to pupils in prekindergarten or
elementary programs. new text end The board must require colleges and universities offering a board
approved teacher preparation program to provide remedial assistance that includes a
formal diagnostic component to persons enrolled in their institution who did not achieve
a qualifying score on the skills examination new text begin or an assessment of reading instruction new text end ,
including those for whom English is a second language. The colleges and universities
must provide assistance in the specific academic areas of deficiency in which the person
did not achieve a qualifying score. School districts must provide similar, appropriate, and
timely remedial assistance that includes a formal diagnostic component and mentoring to
those persons employed by the district who completed their teacher education program
outside the state of Minnesota, received a one-year license to teach in Minnesota and did
not achieve a qualifying score on the skills examination, including those persons for
whom English is a second language. The Board of Teaching shall report annually to the
education committees of the legislature on the total number of teacher candidates during
the most recent school year taking the skills examination, the number who achieve a
qualifying score on the examination, the number who do not achieve a qualifying score on
the examination, the distribution of all candidates' scores, the number of candidates who
have taken the examination at least once before, and the number of candidates who have
taken the examination at least once before and achieve a qualifying score.

(c) A person who has completed an approved teacher preparation program and
obtained a one-year license to teach, but has not successfully completed the skills
examination, may renew the one-year license for two additional one-year periods. Each
renewal of the one-year license is contingent upon the licensee:

(1) providing evidence of participating in an approved remedial assistance program
provided by a school district or postsecondary institution that includes a formal diagnostic
component in the specific areas in which the licensee did not obtain qualifying scores; and

(2) attempting to successfully complete the skills examination during the period
of each one-year license.

(d) The Board of Teaching must grant continuing licenses only to those persons who
have met board criteria for granting a continuing license, which includes successfully
completing the skills examination in reading, writing, and mathematics.

(e) All colleges and universities approved by the board of teaching to prepare
persons for teacher licensure must include in their teacher preparation programs a common
core of teaching knowledge and skills to be acquired by all persons recommended
for teacher licensure. This common core shall meet the standards developed by the
interstate new teacher assessment and support consortium in its 1992 "model standards for
beginning teacher licensing and development." Amendments to standards adopted under
this paragraph are covered by chapter 14. The board of teaching shall report annually to
the education committees of the legislature on the performance of teacher candidates
on common core assessments of knowledge and skills under this paragraph during the
most recent school year.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2011.
new text end

Sec. 3.

Minnesota Statutes 2008, section 122A.18, subdivision 2a, is amended to read:

Subd. 2a.

Reading strategies.

(a) All colleges and universities approved by the
Board of Teaching to prepare persons for classroom teacher licensure must include in
their teacher preparation programs research-based best practices in reading, consistent
with section 122A.06, subdivision 4, that enable the licensure candidate to know how to
teach reading in the candidate's content areas new text begin and prepare the licensure candidate, where
applicable, for an assessment of reading instruction new text end .

(b) Board-approved teacher preparation programs for teachers of elementary
education must require instruction in the application of comprehensive, scientifically
based deleted text begin , and balanced deleted text end reading instruction programs that:

(1) teach students to read using foundational knowledge, practices, and strategies
consistent with section 122A.06, subdivision 4, so that all students will achieve continuous
progress in reading; and

(2) teach specialized instruction in reading strategies, interventions, and remediations
that enable students of all ages and proficiency levels to become proficient readers.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 4.

Minnesota Statutes 2008, section 122A.18, is amended by adding a subdivision
to read:

new text begin Subd. 2c. new text end

new text begin Assessment of reading instruction. new text end

new text begin An assessment of reading instruction,
selected by the Board of Teaching, in cooperation with the commissioner of education,
must measure, at a minimum, the knowledge, skill, and ability of prekindergarten and
elementary licensure candidates in comprehensive, scientifically based reading instruction
as defined in section 122A.06. Test content areas must assess foundations of reading
development, development of reading comprehension, reading assessment and instruction,
and integration of knowledge and understanding. The Board of Teaching may incorporate
the requirements of this subdivision into other teacher licensure examinations.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 5.

Minnesota Statutes 2008, section 123B.143, subdivision 1, is amended to read:

Subdivision 1.

Contract; duties.

All districts maintaining a classified secondary
school must employ a superintendent who shall be an ex officio nonvoting member of the
school board. The authority for selection and employment of a superintendent must be
vested in the board in all cases. An individual employed by a board as a superintendent
shall have an initial employment contract for a period of time no longer than three years
from the date of employment. Any subsequent employment contract must not exceed a
period of three years. A board, at its discretion, may or may not renew an employment
contract. A board must not, by action or inaction, extend the duration of an existing
employment contract. Beginning 365 days prior to the expiration date of an existing
employment contract, a board may negotiate and enter into a subsequent employment
contract to take effect upon the expiration of the existing contract. A subsequent contract
must be contingent upon the employee completing the terms of an existing contract. If a
contract between a board and a superintendent is terminated prior to the date specified in
the contract, the board may not enter into another superintendent contract with that same
individual that has a term that extends beyond the date specified in the terminated contract.
A board may terminate a superintendent during the term of an employment contract for any
of the grounds specified in section 122A.40, subdivision 9 or 13. A superintendent shall
not rely upon an employment contract with a board to assert any other continuing contract
rights in the position of superintendent under section 122A.40. Notwithstanding the
provisions of sections 122A.40, subdivision 10 or 11, 123A.32, 123A.75, or any other law
to the contrary, no individual shall have a right to employment as a superintendent based
on order of employment in any district. If two or more districts enter into an agreement for
the purchase or sharing of the services of a superintendent, the contracting districts have
the absolute right to select one of the individuals employed to serve as superintendent
in one of the contracting districts and no individual has a right to employment as the
superintendent to provide all or part of the services based on order of employment in a
contracting district. The superintendent of a district shall perform the following:

(1) visit and supervise the schools in the district, report and make recommendations
about their condition when advisable or on request by the board;

(2) recommend to the board employment and dismissal of teachers;

(3) superintend school grading practices and examinations for promotions;

(4) make reports required by the commissioner;

(5) by deleted text begin January deleted text end new text begin August new text end 10, new text begin 2009, and each year thereafter, new text end submit an annual report
to the commissioner in a manner prescribed by the commissioner, in consultation with
school districts, deleted text begin identifying the expenditures that the district requires to ensure an 80
percent student passage rate on the MCA-IIs taken in the eighth grade, deleted text end identifying the
highest student passage rate the district expects it will be able to attain on the deleted text begin MCA-IIs deleted text end
new text begin GRAD new text end by grade 12, and the amount of expenditures that the district requires to attain the
targeted student passage rate; and

(6) perform other duties prescribed by the board.

Sec. 6.

new text begin [123B.835] SHARED SERVICES PURCHASING.
new text end

new text begin Subdivision 1. new text end

new text begin Purchasing requirement. new text end

new text begin For fiscal year 2010 and later, a school
district or charter school is required to purchase goods and services according to the
requirements of subdivisions 2 and 3. A school district or charter school may not purchase
goods or services from a vendor that has not been approved by the commissioner and
listed according to subdivision 2. A school district or charter school is not required to
make purchases or contract for services from the approved list for goods or services that
are not specifically listed in subdivision 3.
new text end

new text begin Subd. 2. new text end

new text begin Approved list. new text end

new text begin The commissioner of education must develop and maintain
a list of approved vendors from which school districts may purchase goods or contract for
services. The list shall be published on the department's Web site and must be maintained
and updated as necessary.
new text end

new text begin Subd. 3. new text end

new text begin Goods and services. new text end

new text begin School districts and charter schools are required to
purchase goods and services under subdivision 2 for:
new text end

new text begin (1) all school materials, supplies, tools, and equipment for school facilities
operations and maintenance;
new text end

new text begin (2) technology equipment and communication services;
new text end

new text begin (3) food services; and
new text end

new text begin (4) transportation services.
new text end

new text begin Subd. 4. new text end

new text begin Joint purchasing. new text end

new text begin A group of school districts or charter schools may
develop shared services arrangements to purchase goods or services from the approved list
according to subdivision 3. A shared services purchasing arrangement according to this
subdivision may be two or more school districts or any combination of school districts
and charter schools.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 7.

new text begin [124D.142] QUALITY RATING AND IMPROVEMENT SYSTEM.
new text end

new text begin There is established a quality rating and improvement system based on the goal that
all Minnesota's children have access to high-quality early learning and care programs
in a range of settings that meet the needs of children and their families. Creation of a
standards-based quality rating and improvement system includes:
new text end

new text begin (1) establishing an early care and education framework that improves quality
opportunities for early learning for all of Minnesota's young children. The framework
shall be based on the Minnesota quality rating system rating tool and informed by
evaluation results;
new text end

new text begin (2) using the framework as a tool to ensure that publicly funded and regulated early
learning and care services in both public and private market programs are high quality.
The state shall establish a plan to link all future state funding to the framework; and
new text end

new text begin (3) using the framework to track progress toward statewide access to high-quality
early learning and care programs, progress toward the number of low-income children
whose parents can access quality programs, and progress in reducing the number of
children not fully prepared to enter kindergarten.
new text end

new text begin In addition, in creating the quality rating and improvement system, the state shall
consider the cost of administering and staffing the system and collecting assessment
and evaluation data.
new text end

new text begin Prior to the creation of a statewide quality rating and improvement system, the state
shall employ the Minnesota quality rating system rating tool in use in fiscal year 2008.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2009.
new text end

Sec. 8.

new text begin [125B.015] STATE AND SCHOOL DISTRICT TECHNOLOGY
GUIDELINES.
new text end

new text begin Subdivision 1. new text end

new text begin State technology guidelines; guideline setting. new text end

new text begin (a) Notwithstanding
other law to the contrary, the commissioner, the Minnesota Education Technology Task
Force, and representatives of school districts must work together to identify for school
districts the robust technology tools and systems that improve the educational achievement
of all Minnesota students. These entities must establish a foundation of flexible shared
services that supports state development and implementation of new and more efficient
educational business practices, including the use of modern analytical tools that help
schools and school districts make data-driven decisions and increase instructional time.
These entities also must anticipate the needs of school districts for effectively using
emerging technologies to make the best and most cost-effective use of finite educational
resources.
new text end

new text begin (b) The commissioner, the Minnesota Education Technology Task Force,
representatives of school districts, and other interested and affected stakeholders must
establish and then maintain, revise, and publish every four years beginning December 1,
2009, state and district technology guidelines consistent with the requirements of this
section and section 120B.023, subdivision 2, paragraph (a). The state and school districts
must use the technology guidelines to participate in a uniform data collection system
premised on:
new text end

new text begin (1) common data definitions for all required data elements;
new text end

new text begin (2) a common course catalogue;
new text end

new text begin (3) common transcript definitions; and
new text end

new text begin (4) school district infrastructure technology guidelines.
new text end

new text begin (c) School districts, consistent with this section and other applicable law, may use
financial resources in addition to state funding to provide students with the technology
tools they need to succeed in an increasingly complex and information-rich environment.
new text end

new text begin Subd. 2. new text end

new text begin District technology guidelines. new text end

new text begin (a) The commissioner, in collaboration
with the Minnesota Education Technology Task Force, must establish and then maintain,
revise, and publish six categories of district technology guidelines consistent with this
section. The district technology guidelines must encompass:
new text end

new text begin (1) instructional technology that includes best practices in 21st century classroom
instruction and student learning;
new text end

new text begin (2) technological tools that support formative and summative online assessments,
equipment, and software;
new text end

new text begin (3) shared services that facilitate network and data systems administration;
new text end

new text begin (4) data practices that include technical security, Internet safety, and data privacy;
new text end

new text begin (5) data management that facilitates efficient data transfers involving school districts
and the department; and
new text end

new text begin (6) facilities infrastructure that supports multipurpose technology facilities for
instruction and assessment.
new text end

new text begin (b) School districts are encouraged to align district technology expenditures with
state and district technology guidelines established under this section.
new text end

new text begin (c) Beginning December 1, 2010, and each two-year period thereafter, school
districts must use the district technology guidelines in this section to complete a review of
the district technology environment that:
new text end

new text begin (1) examines the alignment of district technology expenditures to the technology
guidelines under this section;
new text end

new text begin (2) identifies service gaps in the district technology plan; and
new text end

new text begin (3) estimates the funding needed to fill service gaps.
new text end

new text begin (d) School districts must transmit the substance of the review to the commissioner in
the form and manner the commissioner determines in collaboration with the Minnesota
Education Technology Task Force. The commissioner must evaluate and report the
substance of the reviews to the legislature by February 15, 2011, and each two-year period
thereafter.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment
and applies to the 2009-2010 school year and later.
new text end

Sec. 9.

new text begin [127A.096] SHARED SERVICES PROVIDERS.
new text end

new text begin Subdivision 1. new text end

new text begin Selection. new text end

new text begin The commissioner shall develop a process for selecting
shared services providers of goods and services that are included in the shared services
purchasing program, according to section 123B.835, subdivision 3. The commissioner
must select services providers to ensure that all school districts and charter schools have at
least two options for purchasing a given good or service identified in section 123B.835,
subdivision 3. The commissioner may negotiate contracts with shared services providers
to establish an agreed price to save money for school districts and charter schools as a
condition of being approved. The commissioner may remove shared services providers
from the approved list if the provider does not meet the goals of promoting high-quality
goods or services, improved service delivery, increased efficiency, and economy of
operation.
new text end

new text begin Subd. 2. new text end

new text begin Eligibility. new text end

new text begin A regional service cooperative is an eligible vendor. Other
goods or services providers may petition to the department to be selected as an eligible
vendor. Other eligible vendors may be a school district, charter school, or a private
services provider. The department shall approve shared services providers based on each
provider's ability to promote high-quality goods or services, improved service delivery,
efficiency, and economy of operation for the given goods and services identified under
section 123B.835, subdivision 3.
new text end

new text begin Subd. 3. new text end

new text begin Additional approval. new text end

new text begin The commissioner must approve additional services
providers to ensure adequate statewide service and options for school districts and
charter schools. The commissioner must adjust the approval list under section 123B.835,
subdivision 2, to accommodate the types of shared services under section 123B.835,
subdivision 3, from whom school districts and charter schools are required to purchase
whenever the goods and services types are expanded or reduced.
new text end

new text begin Subd. 4. new text end

new text begin Savings measurement. new text end

new text begin The commissioner must develop a method
for measuring school district spending savings as a result of utilizing shared services
purchasing under section 123B.835. These savings must be calculated for each individual
school district or charter school. These savings must be allocated to classroom education
in each school district or charter school.
new text end

new text begin Subd. 5. new text end

new text begin Report. new text end

new text begin The commissioner must annually report to the education finance
committees of the legislature on the savings that shared services purchasing under section
123B.835 is creating for the state's school districts and charter schools. The commissioner
must also recommend additional goods or services that should be considered by the
legislature to reduce school district expenditures and improve service delivery, efficiency,
and economy of operation.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 10. new text begin SHARED SERVICES CONSULTATION SERVICES.
new text end

new text begin The Department of Education shall enter into a two-year contract with a consultant
to study specific services or activities across school districts and charter schools to make
recommendations about combining services and activities in order to promote improved
service delivery, efficiency, and economy of operation. The Department of Education
shall require the consultant to develop an implementation plan for all school districts to
participate in the shared services purchasing mandate according to Minnesota Statutes,
section 123B.835. The department shall work with the consultant to develop an initial
list of service providers that can offer economical and efficient delivery of goods and
services. This initial list shall be published according to Minnesota Statutes, section
123B.835. The department must contract with a consultant that agrees to receive payment
as a percentage of shared services savings as measured under Minnesota Statutes, section
127A.096, subdivision 4. This percentage must not exceed five percent of the savings
computed according to Minnesota Statutes, section 127A.096, subdivision 4, in fiscal
years 2010 and 2011.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 11. new text begin SHARED SERVICES DEDUCTION.
new text end

new text begin (a) Notwithstanding Minnesota Statutes, section 126C.15, subdivision 4, for fiscal
years 2010 and 2011 only, a school district or charter school's general education aid must
equal the amount computed under Minnesota Statutes, section 126C.15, subdivision 4,
minus five percent of the savings computed under Minnesota Statutes, section 127A.096,
subdivision 4.
new text end

new text begin (b) Notwithstanding paragraph (a), the deduction under this section shall be equal to
the contracted percentage under section 10 between the Department of Education and the
consultant. The department must reduce the deduction under this section if the department
and the consultant agree to a contract under section 10, in which the consultant is paid
as a percentage of savings that is less than five percent.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 12. new text begin SAVINGS ALLOCATION.
new text end

new text begin Notwithstanding Minnesota Statutes, section 127A.096, subdivision 4, in fiscal
years 2010 and 2011 only, savings computed according to Minnesota Statutes, section
127A.096, subdivision 4, minus the contracted percentage paid to the shared services
consultant under section 10, must be allocated to classroom education in each school
district or charter school.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 13. new text begin ASSESSMENT OF READING INSTRUCTION.
new text end

new text begin (a) No later than March 1, 2010, the Board of Teaching, in cooperation with the
commissioner of education, shall adopt an assessment of reading instruction for all
prekindergarten and elementary licensure candidates consistent with Minnesota Statutes,
section 122A.18, subdivision 2c.
new text end

new text begin (b) The Board of Teaching and the commissioner shall report to the senate and house
of representatives committees having jurisdiction over prekindergarten through grade 12
education policy by March 15, 2010, on the assessment of reading instruction that was
adopted.
new text end

Sec. 14. new text begin READING INSTRUCTION RULES; LEGISLATIVE REVIEW.
new text end

new text begin Beginning July 1, 2009, and until July 1, 2010, the Board of Teaching must submit
any proposed rules regarding licensure in reading instruction to the chairs of the legislative
committees with jurisdiction over kindergarten through grade 12 education policy by
February 1, 2010. The board may not adopt the rules until the legislature has adjourned
the 2010 regular session.
new text end

Sec. 15. new text begin APPROPRIATION; SHARED SERVICES CONSULTANT.
new text end

new text begin For fiscal years 2010 and 2011, the amount deducted from general education aid
under section 11 is appropriated to the Department of Education for the costs of the
contract associated with shared services consultation under section 10.
new text end