HF 1092

1st Engrossment - 85th Legislature (2007 - 2008) Posted on 12/15/2009 12:00am

A bill for an act
relating to education; modifying the Online Learning Option Act; amending
Minnesota Statutes 2006, section 124D.095, subdivisions 2, 3, 4, 7.

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

Section 1.

Minnesota Statutes 2006, section 124D.095, subdivision 2, is amended to
read:

Subd. 2.

Definitions.

For purposes of this section, the following terms have the
meanings given them.

(a) "Online learning" is an interactive course or program that delivers instruction
from a teacher to a student by computer; is combined with other traditional delivery
methods that include frequent student assessment and may include actual teacher contact
time; and meets or exceeds state academic standards.

(b) "Online learning provider" is a school district, an intermediate school district, an
organization of two or more school districts operating under a joint powers agreement, or
a charter school located in Minnesota that provides online learning to students.

(c) "Student" is a Minnesota resident enrolled in a school under section 120A.22,
subdivision 4, in kindergarten through grade 12.

(d) "Online learning student" is a student enrolled in an online learning course or
program delivered by an online provider under paragraph (b).

(e) "Enrolling district" means the school district or charter school in which a student
is enrolled under section 120A.22, subdivision 4, for purposes of compulsory attendance.

new text begin (f) "Supplemental online learning" means an online course taken in place of a course
period during the regular school day at a local district school.
new text end

new text begin (g) "Full-time online provider" means an enrolling school authorized by the
department to deliver comprehensive public education at any or all of the elementary,
middle, and high school levels.
new text end

Sec. 2.

Minnesota Statutes 2006, section 124D.095, subdivision 3, is amended to read:

Subd. 3.

Authorization; notice; limitations on enrollment.

(a) A student may
apply to an online learning provider to enroll in online learning. A student age 17 or
younger must have the written consent of a parent or guardian to apply. No school district
or charter school may prohibit a student from applying to enroll in online learning.
deleted text begin An online learning provider that accepts a student under this section must, within ten
days, notify the student and the enrolling district if the enrolling district is not the online
learning provider. The notice must report the student's course or program and hours
of instruction. deleted text end new text begin A full-time online learning provider must comply with the application
and notification procedures and timelines under section 124D.03, subdivisions 3 to 7,
except for the January 15 notice and subsequent notification dates. Reenrollment to the
resident district under open enrollment or open enrollment to another nonresident district
must comply with the applicable timelines under section 124D.03, unless waived by the
receiving and the enrolling district.
new text end

(b) deleted text begin An online learning student must notify the enrolling district at least 30 days
before taking an online learning course or program if the enrolling district is not providing
the online learning. deleted text end An online learning provider must notify the commissioner that it is
delivering online learning and report the number of online learning students it is accepting
and the online learning courses and programs it is delivering.

(c) An online learning provider may limit enrollment if the provider's school board
or board of directors adopts by resolution specific standards for accepting and rejecting
students' applications.

(d) An enrolling district may reduce an online learning student's regular classroom
instructional membership in proportion to the student's membership in online learning
courses.

new text begin (e) A student may enroll in supplemental online learning courses up to the midpoint
of the enrolling district's term. The enrolling district may waive this requirement for
special circumstances and upon acceptance by the online learning providers.
new text end

Sec. 3.

Minnesota Statutes 2006, section 124D.095, subdivision 4, is amended to read:

Subd. 4.

Online learning parameters.

(a) An online learning student must receive
academic credit for completing the requirements of an online learning course or program.
Secondary credits granted to an online learning student must be counted toward the
graduation and credit requirements of the enrolling district. new text begin An online learning provider
must make available to the enrolling district the course syllabus, standard alignment,
content outline, assessment requirements, and contact information for supplemental online
courses taken by students in the enrolling district. new text end The enrolling district must apply the
same graduation requirements to all students, including online learning students, and
must continue to provide nonacademic services to online learning students. If a student
completes an online learning course or program that meets or exceeds a graduation
standard or grade progression requirement at the enrolling district, that standard or
requirement is met. The enrolling district must use the same criteria for accepting online
learning credits or courses as it does for accepting credits or courses for transfer students
under section 124D.03, subdivision 9. The enrolling district may reduce the deleted text begin teacher
contact time deleted text end new text begin course schedule new text end of an online learning student in proportion to the number
of online learning courses the student takes from an online learning provider that is not
the enrolling district.

(b) An online learning student may:

(1) enroll new text begin in supplemental online learning courses new text end during a single school year deleted text begin in a
maximum of 12 semester-long courses or their equivalent delivered by an online learning
provider or the enrolling district deleted text end new text begin to a maximum of 50 percent of their full schedule of
courses per term. A student may exceed the supplemental online learning enrollment limit
if the enrolling district grants permission for supplemental online learning enrollment
above the limit, or if an agreement is made between the enrolling district and the online
learning provider for instructional services new text end ;

(2) complete course work at a grade level that is different from the student's current
grade level; and

(3) enroll in additional courses with the online learning provider under a separate
agreement that includes terms for payment of any tuition or course fees.

(c) An online learning student has the same access to the computer hardware and
education software available in a school as all other students in the enrolling district. An
online learning provider must assist an online learning student whose family qualifies
for the education tax credit under section 290.0674 to acquire computer hardware and
educational software for online learning purposes.

(d) An enrolling district may offer online learning to its enrolled students. Such
online learning does not generate online learning funds under this section. An enrolling
district that offers online learning only to its enrolled students is not subject to the
reporting requirements or review criteria under subdivision 7. A teacher with a Minnesota
license must assemble and deliver instruction to enrolled students receiving online
learning from an enrolling district. The delivery of instruction occurs when the student
interacts with the computer or the teacher and receives ongoing assistance and assessment
of learning. The instruction may include curriculum developed by persons other than a
teacher with a Minnesota license.

(e) An online learning provider that is not the enrolling district is subject to
the reporting requirements and review criteria under subdivision 7. A teacher with a
Minnesota license must assemble and deliver instruction to online learning students. The
delivery of instruction occurs when the student interacts with the computer or the teacher
and receives ongoing assistance and assessment of learning. The instruction may include
curriculum developed by persons other than a teacher with a Minnesota license. Unless
the commissioner grants a waiver, a teacher providing online learning instruction must not
instruct more than 40 students in any one online learning course or program.

new text begin (f) To enroll in more than 50 percent of the student's full schedule of courses per term
in online learning, the student must apply for open enrollment to an approved full-time
online learning provider, except as provided in paragraph (b), clause (1).
new text end

Sec. 4.

Minnesota Statutes 2006, section 124D.095, subdivision 7, is amended to read:

Subd. 7.

Department of Education.

(a) The department must review and certify
online learning providers. The online learning courses and programs must be rigorous,
aligned with state academic standards, and contribute to grade progression in a single
subject. Online learning providers must deleted text begin affirm deleted text end new text begin demonstrate new text end to the commissioner that
online learning courses have equivalent standards or instruction, curriculum, and
assessment requirements as other courses offered to enrolled students. The online learning
provider must also demonstrate expectations for actual teacher contact time or other
student-to-teacher communication. Once an online learning provider is approved under
this paragraph, all of its online learning course offerings are eligible for payment under
this section unless a course is successfully challenged by an enrolling district or the
department under paragraph (b).

(b) An enrolling district may challenge the validity of a course offered by an online
learning provider. The department must review such challenges based on the certification
procedures under paragraph (a). The department may initiate its own review of the validity
of an online learning course offered by an online learning provider.

(c) The department may collect a fee not to exceed $250 for certifying online
learning providers or $50 per course for reviewing a challenge by an enrolling district.

(d) The department must develop, publish, and maintain a list of approved online
learning providers and online learning courses and programs that it has reviewed and
certified.