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Capital IconMinnesota Legislature

HF 1151

1st Engrossment - 88th Legislature (2013 - 2014) Posted on 03/18/2013 04:49pm

KEY: stricken = removed, old language.
underscored = added, new language.
Line numbers 1.1 1.2 1.3 1.4 1.5 1.6 1.7 1.8 1.9 1.10 1.11 1.12 1.13 1.14 1.15 1.16 1.17 1.18 1.19 1.20 1.21 1.22 1.23 1.24 1.25 1.26 1.27 1.28 1.29 1.30
1.31 1.32
1.33 2.1 2.2 2.3 2.4 2.5 2.6 2.7 2.8 2.9 2.10 2.11 2.12 2.13 2.14 2.15 2.16 2.17 2.18
2.19 2.20 2.21 2.22 2.23 2.24 2.25 2.26 2.27 2.28 2.29 2.30 2.31 2.32 2.33 2.34 2.35 3.1 3.2 3.3 3.4 3.5 3.6 3.7 3.8 3.9 3.10 3.11 3.12 3.13 3.14 3.15 3.16 3.17
3.18 3.19
3.20 3.21 3.22 3.23 3.24 3.25 3.26 3.27 3.28 3.29 3.30 3.31 3.32 3.33 3.34 4.1 4.2 4.3 4.4 4.5 4.6 4.7 4.8 4.9 4.10 4.11 4.12 4.13 4.14 4.15 4.16 4.17 4.18 4.19
4.20 4.21 4.22 4.23 4.24 4.25 4.26 4.27 4.28 4.29 4.30 4.31 4.32 4.33 4.34 5.1 5.2 5.3 5.4 5.5 5.6 5.7 5.8 5.9 5.10 5.11 5.12 5.13 5.14 5.15 5.16 5.17 5.18 5.19 5.20 5.21 5.22 5.23 5.24 5.25 5.26 5.27 5.28 5.29 5.30 5.31 5.32 5.33 5.34 5.35 6.1 6.2 6.3 6.4 6.5 6.6 6.7 6.8 6.9 6.10 6.11 6.12 6.13 6.14 6.15 6.16 6.17 6.18 6.19 6.20 6.21 6.22 6.23 6.24 6.25
6.26 6.27 6.28 6.29 6.30 6.31 6.32 6.33 6.34 6.35 7.1 7.2 7.3 7.4 7.5 7.6 7.7 7.8 7.9 7.10 7.11 7.12 7.13 7.14 7.15 7.16 7.17 7.18 7.19 7.20 7.21 7.22 7.23 7.24 7.25 7.26 7.27 7.28
7.29 7.30
7.31 7.32 7.33 7.34 8.1 8.2 8.3 8.4 8.5 8.6 8.7 8.8 8.9 8.10 8.11 8.12 8.13 8.14 8.15 8.16 8.17 8.18 8.19 8.20 8.21 8.22 8.23 8.24 8.25 8.26 8.27 8.28 8.29 8.30 8.31 8.32 8.33 8.34 8.35 8.36 9.1 9.2
9.3
9.4 9.5 9.6 9.7 9.8 9.9 9.10 9.11 9.12 9.13 9.14 9.15 9.16 9.17 9.18 9.19 9.20 9.21 9.22 9.23 9.24 9.25 9.26 9.27 9.28 9.29
9.30 9.31
9.32 9.33 10.1 10.2 10.3 10.4 10.5 10.6 10.7 10.8 10.9 10.10 10.11 10.12 10.13 10.14 10.15 10.16 10.17 10.18 10.19 10.20 10.21 10.22 10.23 10.24 10.25
10.26 10.27 10.28 10.29 10.30 10.31 10.32 10.33 10.34 11.1 11.2 11.3 11.4
11.5
11.6 11.7 11.8 11.9 11.10 11.11 11.12 11.13 11.14 11.15 11.16 11.17 11.18 11.19 11.20 11.21 11.22 11.23 11.24 11.25 11.26 11.27 11.28 11.29 11.30 11.31 11.32 11.33 11.34 11.35 12.1 12.2 12.3 12.4 12.5 12.6 12.7 12.8 12.9 12.10 12.11 12.12 12.13 12.14 12.15 12.16 12.17 12.18 12.19 12.20 12.21 12.22 12.23 12.24 12.25 12.26 12.27 12.28 12.29 12.30 12.31 12.32 12.33 12.34 12.35 13.1 13.2 13.3 13.4 13.5 13.6 13.7 13.8 13.9 13.10 13.11 13.12 13.13 13.14 13.15 13.16 13.17 13.18 13.19 13.20 13.21 13.22 13.23 13.24 13.25 13.26 13.27 13.28 13.29 13.30 13.31 13.32 13.33 13.34 13.35 14.1 14.2 14.3 14.4 14.5 14.6 14.7 14.8 14.9 14.10 14.11 14.12 14.13 14.14 14.15 14.16 14.17 14.18 14.19 14.20 14.21 14.22 14.23 14.24 14.25 14.26 14.27 14.28 14.29 14.30 14.31 14.32 14.33 14.34 14.35 14.36 15.1 15.2 15.3 15.4 15.5 15.6 15.7 15.8 15.9 15.10 15.11 15.12 15.13 15.14 15.15 15.16 15.17 15.18 15.19 15.20 15.21 15.22 15.23 15.24 15.25 15.26 15.27 15.28 15.29 15.30 15.31 15.32 15.33 15.34 15.35 15.36 16.1 16.2 16.3 16.4 16.5 16.6 16.7 16.8 16.9 16.10 16.11 16.12 16.13 16.14 16.15 16.16 16.17 16.18 16.19 16.20 16.21 16.22 16.23 16.24 16.25 16.26 16.27 16.28 16.29 16.30 16.31 16.32 16.33 16.34 16.35 17.1 17.2 17.3 17.4
17.5 17.6 17.7 17.8 17.9
17.10 17.11 17.12 17.13 17.14 17.15 17.16 17.17 17.18 17.19 17.20 17.21 17.22 17.23 17.24 17.25 17.26 17.27 17.28 17.29 17.30 17.31 17.32 17.33 17.34 17.35 18.1 18.2 18.3 18.4 18.5 18.6 18.7 18.8 18.9 18.10 18.11 18.12 18.13 18.14 18.15 18.16 18.17 18.18 18.19 18.20 18.21 18.22 18.23 18.24 18.25 18.26 18.27 18.28 18.29 18.30 18.31 18.32 18.33 18.34 18.35 19.1 19.2 19.3 19.4 19.5 19.6 19.7 19.8 19.9 19.10 19.11 19.12 19.13 19.14
19.15 19.16 19.17
19.18 19.19 19.20 19.21 19.22 19.23 19.24 19.25
19.26 19.27 19.28 19.29 19.30 19.31 19.32 19.33 19.34 20.1 20.2 20.3 20.4 20.5 20.6 20.7 20.8 20.9 20.10 20.11 20.12 20.13 20.14 20.15 20.16 20.17 20.18 20.19 20.20 20.21 20.22 20.23 20.24 20.25 20.26 20.27 20.28 20.29 20.30 20.31 20.32 20.33 20.34 20.35 20.36 21.1 21.2 21.3 21.4 21.5 21.6 21.7 21.8 21.9 21.10 21.11 21.12 21.13 21.14 21.15 21.16 21.17 21.18 21.19 21.20 21.21 21.22 21.23 21.24 21.25 21.26 21.27 21.28 21.29 21.30 21.31 21.32 21.33 21.34 21.35 22.1 22.2
22.3 22.4 22.5 22.6 22.7
22.8 22.9 22.10 22.11 22.12 22.13 22.14 22.15 22.16 22.17 22.18 22.19 22.20 22.21 22.22 22.23 22.24 22.25 22.26 22.27 22.28 22.29 22.30 22.31 22.32 22.33 22.34 23.1 23.2
23.3 23.4
23.5 23.6 23.7 23.8 23.9 23.10 23.11 23.12 23.13 23.14 23.15 23.16 23.17 23.18 23.19 23.20
23.21
23.22 23.23 23.24 23.25 23.26 23.27 23.28 23.29
23.30
23.31 23.32 24.1 24.2 24.3 24.4 24.5 24.6 24.7 24.8 24.9 24.10 24.11 24.12 24.13 24.14 24.15 24.16 24.17 24.18 24.19 24.20 24.21 24.22 24.23 24.24 24.25 24.26 24.27 24.28 24.29 24.30 24.31 24.32 24.33 24.34 24.35 24.36 25.1 25.2 25.3 25.4 25.5 25.6 25.7 25.8 25.9 25.10 25.11 25.12 25.13 25.14 25.15
25.16
25.17 25.18 25.19 25.20 25.21 25.22 25.23 25.24 25.25 25.26 25.27 25.28 25.29 25.30 25.31 25.32 25.33 25.34 25.35 26.1 26.2 26.3 26.4 26.5 26.6 26.7 26.8 26.9 26.10 26.11
26.12
26.13 26.14 26.15 26.16 26.17 26.18 26.19 26.20 26.21 26.22 26.23 26.24 26.25 26.26 26.27 26.28 26.29 26.30 26.31 26.32 26.33 26.34 27.1 27.2 27.3 27.4 27.5 27.6 27.7 27.8 27.9 27.10 27.11 27.12 27.13 27.14 27.15 27.16 27.17
27.18 27.19
27.20 27.21 27.22 27.23 27.24 27.25 27.26 27.27 27.28 27.29 27.30 27.31 27.32 27.33 28.1 28.2 28.3 28.4 28.5 28.6 28.7 28.8 28.9 28.10 28.11
28.12 28.13 28.14 28.15
28.16 28.17 28.18 28.19 28.20 28.21 28.22 28.23 28.24 28.25
28.26
28.27 28.28
28.29 28.30 28.31 29.1 29.2 29.3 29.4 29.5 29.6 29.7 29.8 29.9 29.10 29.11 29.12 29.13 29.14 29.15 29.16 29.17 29.18 29.19 29.20 29.21 29.22 29.23 29.24 29.25 29.26 29.27 29.28 29.29 29.30 29.31 29.32 29.33 29.34 29.35 30.1 30.2 30.3 30.4 30.5 30.6 30.7 30.8 30.9 30.10 30.11 30.12 30.13 30.14 30.15 30.16 30.17 30.18 30.19 30.20 30.21 30.22 30.23 30.24 30.25 30.26 30.27 30.28 30.29 30.30 30.31 30.32 30.33 30.34 30.35 30.36 31.1 31.2 31.3 31.4 31.5
31.6 31.7
31.8 31.9 31.10 31.11 31.12 31.13 31.14 31.15 31.16 31.17 31.18 31.19 31.20 31.21
31.22
31.23 31.24 31.25 31.26 31.27 31.28 31.29 31.30 31.31 31.32 31.33 32.1 32.2 32.3 32.4 32.5 32.6 32.7 32.8 32.9 32.10 32.11 32.12 32.13 32.14 32.15 32.16 32.17 32.18 32.19 32.20 32.21 32.22 32.23 32.24 32.25 32.26 32.27 32.28 32.29 32.30 32.31 32.32 32.33 32.34 32.35 32.36 33.1 33.2 33.3 33.4 33.5
33.6 33.7
33.8 33.9 33.10 33.11 33.12 33.13 33.14 33.15 33.16 33.17 33.18 33.19 33.20 33.21 33.22 33.23 33.24 33.25 33.26 33.27 33.28 33.29 33.30 33.31 33.32 33.33 33.34 33.35 34.1 34.2 34.3 34.4 34.5 34.6 34.7 34.8 34.9 34.10 34.11 34.12 34.13 34.14 34.15 34.16 34.17 34.18 34.19 34.20 34.21 34.22 34.23 34.24 34.25 34.26 34.27 34.28 34.29
34.30
34.31 34.32 34.33 34.34 34.35 35.1 35.2 35.3 35.4 35.5 35.6
35.7
35.8 35.9 35.10 35.11 35.12 35.13 35.14 35.15 35.16 35.17
35.18
35.19 35.20 35.21 35.22 35.23 35.24 35.25 35.26 35.27 35.28 35.29 35.30 35.31 36.1 36.2 36.3 36.4 36.5 36.6 36.7 36.8 36.9 36.10 36.11 36.12 36.13 36.14 36.15 36.16 36.17 36.18 36.19 36.20 36.21 36.22 36.23 36.24 36.25 36.26 36.27 36.28 36.29 36.30 36.31 36.32 36.33 36.34 36.35 36.36 37.1 37.2 37.3 37.4 37.5 37.6 37.7 37.8 37.9 37.10 37.11 37.12 37.13 37.14 37.15
37.16
37.17 37.18 37.19 37.20 37.21 37.22 37.23 37.24 37.25 37.26 37.27 37.28 37.29 37.30 37.31 37.32 37.33 37.34 37.35 38.1 38.2 38.3 38.4 38.5 38.6 38.7 38.8 38.9 38.10 38.11 38.12 38.13 38.14
38.15 38.16 38.17 38.18 38.19 38.20 38.21 38.22 38.23
38.24 38.25
38.26 38.27 38.28 38.29 38.30 38.31 38.32 39.1 39.2 39.3 39.4 39.5 39.6 39.7 39.8 39.9
39.10 39.11
39.12 39.13 39.14 39.15 39.16 39.17 39.18 39.19 39.20
39.21 39.22 39.23 39.24 39.25 39.26 39.27 39.28 39.29 39.30 39.31 39.32 39.33 40.1 40.2 40.3 40.4 40.5 40.6 40.7 40.8 40.9 40.10 40.11 40.12 40.13 40.14
40.15 40.16 40.17 40.18 40.19 40.20 40.21 40.22 40.23 40.24 40.25 40.26 40.27 40.28 40.29 40.30 40.31 40.32 40.33 40.34 40.35 41.1 41.2 41.3 41.4 41.5 41.6 41.7 41.8 41.9 41.10 41.11 41.12 41.13 41.14 41.15 41.16 41.17 41.18 41.19 41.20 41.21 41.22 41.23 41.24 41.25 41.26 41.27 41.28
41.29 41.30 41.31 41.32 41.33 41.34 41.35 42.1 42.2 42.3 42.4 42.5 42.6 42.7 42.8 42.9 42.10 42.11 42.12 42.13 42.14 42.15 42.16 42.17 42.18 42.19 42.20 42.21 42.22 42.23 42.24 42.25 42.26 42.27 42.28 42.29 42.30 42.31 42.32 42.33 42.34 42.35 42.36
43.1 43.2 43.3 43.4 43.5 43.6 43.7 43.8 43.9 43.10
43.11 43.12 43.13 43.14 43.15 43.16 43.17 43.18 43.19 43.20 43.21 43.22 43.23 43.24 43.25 43.26 43.27 43.28 43.29 43.30 43.31 43.32 43.33 43.34 43.35 44.1 44.2 44.3 44.4 44.5 44.6 44.7 44.8 44.9 44.10 44.11 44.12 44.13 44.14 44.15 44.16 44.17 44.18 44.19 44.20 44.21 44.22 44.23 44.24 44.25 44.26 44.27 44.28 44.29 44.30 44.31 44.32 44.33 44.34 44.35 44.36 45.1 45.2 45.3 45.4 45.5 45.6 45.7 45.8 45.9 45.10 45.11 45.12 45.13 45.14 45.15 45.16 45.17 45.18 45.19 45.20 45.21 45.22 45.23 45.24 45.25 45.26 45.27 45.28 45.29 45.30 45.31 45.32 45.33 45.34 45.35 45.36 46.1 46.2 46.3 46.4 46.5 46.6 46.7 46.8 46.9 46.10 46.11 46.12 46.13 46.14 46.15 46.16 46.17
46.18
46.19 46.20 46.21 46.22 46.23 46.24 46.25
46.26 46.27 46.28 46.29 46.30 46.31 46.32 46.33 47.1 47.2 47.3 47.4 47.5 47.6 47.7 47.8 47.9 47.10 47.11 47.12 47.13 47.14 47.15 47.16 47.17 47.18 47.19 47.20
47.21 47.22
47.23 47.24 47.25 47.26 47.27 47.28 47.29 47.30 47.31 47.32 47.33 48.1 48.2 48.3 48.4 48.5 48.6 48.7 48.8 48.9 48.10 48.11 48.12 48.13
48.14 48.15 48.16 48.17 48.18 48.19 48.20 48.21 48.22 48.23 48.24
48.25 48.26 48.27 48.28 48.29 48.30 48.31 48.32 48.33 48.34 49.1 49.2 49.3 49.4 49.5 49.6
49.7 49.8 49.9 49.10 49.11 49.12 49.13 49.14 49.15 49.16 49.17 49.18 49.19 49.20 49.21 49.22 49.23 49.24 49.25 49.26 49.27 49.28 49.29 49.30 49.31 49.32 49.33 49.34 50.1 50.2 50.3 50.4 50.5 50.6 50.7 50.8 50.9 50.10 50.11 50.12 50.13 50.14 50.15 50.16 50.17
50.18 50.19 50.20 50.21 50.22 50.23 50.24 50.25 50.26 50.27 50.28 50.29 50.30 50.31 50.32 50.33 50.34 50.35 51.1 51.2 51.3 51.4 51.5 51.6 51.7 51.8 51.9 51.10 51.11 51.12 51.13 51.14 51.15 51.16 51.17 51.18 51.19 51.20 51.21 51.22 51.23 51.24 51.25 51.26 51.27 51.28 51.29 51.30 51.31 51.32 51.33 51.34 51.35 51.36 52.1 52.2 52.3 52.4 52.5 52.6 52.7 52.8 52.9 52.10 52.11 52.12 52.13 52.14 52.15 52.16 52.17 52.18 52.19 52.20 52.21
52.22
52.23 52.24 52.25 52.26 52.27 52.28 52.29 52.30 52.31 52.32 52.33 53.1 53.2 53.3 53.4 53.5 53.6 53.7 53.8 53.9 53.10 53.11 53.12 53.13 53.14 53.15 53.16 53.17 53.18 53.19 53.20 53.21 53.22 53.23 53.24
53.25 53.26
53.27 53.28 53.29 53.30 53.31 53.32 53.33 53.34 53.35 54.1 54.2 54.3 54.4 54.5 54.6 54.7 54.8 54.9 54.10 54.11 54.12 54.13 54.14 54.15 54.16 54.17 54.18 54.19 54.20 54.21 54.22 54.23 54.24 54.25 54.26 54.27 54.28 54.29 54.30 54.31 54.32 54.33 54.34 54.35 55.1 55.2 55.3 55.4 55.5 55.6 55.7 55.8 55.9 55.10 55.11 55.12
55.13 55.14 55.15 55.16 55.17 55.18 55.19 55.20 55.21 55.22 55.23 55.24 55.25 55.26 55.27 55.28 55.29 55.30 55.31 55.32 55.33 55.34 55.35 56.1 56.2 56.3 56.4 56.5 56.6 56.7 56.8 56.9 56.10 56.11 56.12 56.13 56.14 56.15 56.16 56.17 56.18 56.19 56.20 56.21 56.22 56.23 56.24 56.25 56.26 56.27 56.28 56.29 56.30 56.31 56.32 56.33 56.34 56.35 56.36 57.1 57.2 57.3 57.4 57.5 57.6 57.7 57.8 57.9 57.10 57.11 57.12 57.13 57.14 57.15 57.16 57.17 57.18 57.19 57.20 57.21 57.22 57.23 57.24
57.25 57.26 57.27 57.28 57.29 57.30 57.31 57.32 57.33
58.1 58.2 58.3 58.4 58.5 58.6
58.7 58.8
58.9 58.10 58.11 58.12 58.13 58.14 58.15 58.16 58.17 58.18 58.19 58.20 58.21 58.22 58.23 58.24 58.25 58.26 58.27 58.28 58.29 58.30 58.31 58.32 58.33 58.34 59.1 59.2 59.3 59.4 59.5 59.6 59.7 59.8 59.9 59.10 59.11 59.12 59.13 59.14 59.15 59.16 59.17 59.18 59.19 59.20 59.21 59.22 59.23 59.24 59.25 59.26 59.27 59.28 59.29 59.30 59.31 59.32 59.33 59.34 59.35 59.36 60.1 60.2 60.3 60.4 60.5 60.6 60.7 60.8 60.9 60.10 60.11 60.12 60.13 60.14 60.15 60.16 60.17 60.18 60.19 60.20 60.21 60.22 60.23 60.24 60.25 60.26 60.27 60.28 60.29 60.30 60.31 60.32 60.33 60.34 60.35 61.1 61.2 61.3 61.4 61.5 61.6 61.7 61.8 61.9 61.10 61.11 61.12 61.13 61.14 61.15 61.16 61.17 61.18 61.19 61.20 61.21 61.22 61.23 61.24 61.25 61.26 61.27 61.28 61.29 61.30 61.31 61.32 61.33 61.34 61.35 61.36 62.1 62.2 62.3 62.4 62.5 62.6 62.7 62.8 62.9 62.10 62.11 62.12 62.13 62.14 62.15 62.16 62.17 62.18 62.19 62.20 62.21 62.22 62.23 62.24 62.25 62.26 62.27 62.28 62.29 62.30 62.31 62.32 62.33 62.34 62.35 62.36 63.1 63.2 63.3 63.4 63.5 63.6 63.7 63.8 63.9 63.10 63.11 63.12 63.13 63.14 63.15 63.16 63.17 63.18 63.19 63.20 63.21 63.22 63.23 63.24 63.25 63.26 63.27 63.28 63.29 63.30 63.31 63.32 63.33 63.34 63.35 63.36 64.1 64.2 64.3 64.4 64.5 64.6 64.7 64.8 64.9 64.10 64.11 64.12 64.13 64.14 64.15 64.16 64.17 64.18 64.19 64.20 64.21 64.22 64.23 64.24 64.25 64.26 64.27 64.28 64.29 64.30 64.31 64.32 64.33 64.34 64.35 64.36 65.1 65.2 65.3 65.4 65.5 65.6 65.7 65.8 65.9 65.10 65.11 65.12 65.13 65.14 65.15 65.16 65.17 65.18 65.19 65.20 65.21 65.22 65.23 65.24 65.25 65.26 65.27 65.28 65.29 65.30 65.31 65.32 65.33 65.34 65.35 65.36 66.1 66.2 66.3 66.4 66.5 66.6 66.7 66.8 66.9 66.10 66.11 66.12 66.13 66.14 66.15 66.16 66.17 66.18 66.19 66.20 66.21 66.22 66.23 66.24 66.25 66.26 66.27 66.28 66.29 66.30 66.31 66.32 66.33 66.34 66.35 67.1 67.2 67.3 67.4 67.5 67.6 67.7 67.8 67.9 67.10 67.11 67.12 67.13 67.14 67.15 67.16 67.17 67.18 67.19 67.20 67.21 67.22 67.23 67.24 67.25 67.26 67.27 67.28 67.29 67.30 67.31 67.32 67.33 67.34 67.35 67.36 68.1 68.2 68.3 68.4 68.5 68.6 68.7 68.8 68.9 68.10 68.11 68.12 68.13 68.14 68.15 68.16 68.17 68.18 68.19 68.20 68.21 68.22 68.23 68.24 68.25 68.26 68.27 68.28 68.29 68.30 68.31 68.32 68.33 68.34 68.35 68.36 69.1 69.2 69.3 69.4 69.5 69.6 69.7 69.8 69.9 69.10 69.11 69.12 69.13 69.14 69.15 69.16 69.17 69.18 69.19 69.20 69.21 69.22 69.23 69.24 69.25 69.26 69.27 69.28 69.29 69.30 69.31 69.32 69.33 69.34 69.35 70.1 70.2 70.3 70.4 70.5 70.6 70.7 70.8 70.9 70.10 70.11 70.12 70.13 70.14 70.15 70.16 70.17 70.18 70.19 70.20 70.21 70.22 70.23 70.24 70.25 70.26 70.27 70.28 70.29 70.30 70.31 70.32 70.33 70.34 70.35 70.36 71.1 71.2 71.3 71.4 71.5 71.6 71.7 71.8 71.9 71.10 71.11 71.12 71.13 71.14 71.15 71.16 71.17 71.18 71.19 71.20 71.21 71.22 71.23 71.24 71.25 71.26 71.27 71.28 71.29 71.30 71.31 71.32 71.33 71.34 71.35 71.36 72.1 72.2 72.3 72.4 72.5 72.6 72.7 72.8 72.9 72.10 72.11 72.12 72.13 72.14 72.15 72.16 72.17 72.18 72.19 72.20 72.21 72.22 72.23 72.24 72.25 72.26 72.27 72.28 72.29 72.30 72.31 72.32 72.33 72.34 72.35 73.1 73.2 73.3 73.4 73.5 73.6 73.7 73.8 73.9 73.10 73.11 73.12 73.13 73.14 73.15 73.16 73.17 73.18 73.19 73.20 73.21 73.22 73.23 73.24 73.25 73.26 73.27 73.28 73.29 73.30 73.31 73.32 73.33 73.34 73.35 73.36 74.1 74.2 74.3 74.4 74.5 74.6 74.7 74.8 74.9 74.10 74.11 74.12 74.13 74.14 74.15 74.16 74.17 74.18 74.19 74.20 74.21 74.22 74.23 74.24 74.25 74.26 74.27 74.28 74.29 74.30 74.31 74.32 74.33 74.34 74.35 74.36 75.1 75.2 75.3 75.4 75.5 75.6 75.7 75.8 75.9 75.10 75.11 75.12 75.13 75.14 75.15 75.16 75.17 75.18 75.19 75.20 75.21 75.22 75.23 75.24 75.25 75.26 75.27 75.28 75.29 75.30 75.31 75.32 75.33 75.34 75.35 75.36 76.1 76.2 76.3 76.4 76.5 76.6 76.7 76.8 76.9 76.10 76.11 76.12 76.13 76.14 76.15 76.16 76.17 76.18 76.19 76.20 76.21 76.22 76.23 76.24 76.25 76.26 76.27 76.28 76.29 76.30 76.31 76.32 76.33 76.34 76.35 76.36 77.1 77.2 77.3 77.4 77.5 77.6 77.7 77.8 77.9 77.10 77.11 77.12 77.13 77.14 77.15 77.16 77.17 77.18 77.19 77.20 77.21 77.22 77.23 77.24 77.25 77.26 77.27 77.28 77.29 77.30 77.31 77.32 77.33 77.34 77.35 77.36 78.1 78.2 78.3 78.4 78.5 78.6 78.7 78.8 78.9 78.10 78.11 78.12 78.13 78.14 78.15 78.16 78.17 78.18 78.19 78.20 78.21 78.22 78.23 78.24 78.25 78.26 78.27 78.28 78.29 78.30 78.31 78.32 78.33 78.34 78.35 79.1 79.2 79.3 79.4 79.5 79.6 79.7 79.8 79.9 79.10 79.11 79.12 79.13 79.14 79.15 79.16 79.17 79.18 79.19 79.20 79.21 79.22 79.23 79.24 79.25 79.26 79.27 79.28 79.29 79.30 79.31 79.32 79.33 79.34 79.35 80.1 80.2 80.3 80.4 80.5 80.6 80.7 80.8 80.9 80.10 80.11 80.12 80.13 80.14 80.15 80.16 80.17 80.18 80.19 80.20 80.21 80.22 80.23 80.24 80.25 80.26 80.27
80.28 80.29 80.30
80.31 80.32 80.33 80.34 80.35 81.1 81.2 81.3 81.4 81.5
81.6 81.7 81.8 81.9 81.10 81.11 81.12 81.13 81.14 81.15 81.16 81.17 81.18 81.19 81.20 81.21 81.22 81.23 81.24 81.25 81.26 81.27 81.28 81.29
81.30 81.31 81.32 81.33 82.1 82.2 82.3 82.4 82.5 82.6 82.7 82.8 82.9 82.10 82.11 82.12
82.13 82.14 82.15 82.16 82.17 82.18 82.19 82.20 82.21
82.22 82.23
82.24 82.25 82.26 82.27 82.28 82.29 82.30 82.31 82.32 82.33 82.34 83.1
83.2 83.3 83.4 83.5 83.6 83.7 83.8 83.9 83.10 83.11 83.12 83.13 83.14 83.15 83.16 83.17 83.18 83.19 83.20 83.21 83.22 83.23 83.24 83.25 83.26 83.27 83.28 83.29 83.30 83.31 83.32
83.33
84.1 84.2 84.3 84.4 84.5 84.6 84.7 84.8 84.9 84.10 84.11 84.12 84.13 84.14 84.15 84.16 84.17 84.18 84.19 84.20 84.21 84.22 84.23 84.24 84.25 84.26 84.27 84.28 84.29 84.30 84.31 84.32 84.33 84.34 84.35 85.1 85.2 85.3 85.4 85.5 85.6 85.7 85.8 85.9 85.10 85.11 85.12 85.13 85.14 85.15 85.16 85.17 85.18 85.19 85.20 85.21 85.22 85.23 85.24 85.25 85.26 85.27 85.28 85.29 85.30 85.31 85.32 85.33 85.34 85.35 86.1 86.2 86.3 86.4 86.5 86.6 86.7 86.8 86.9 86.10 86.11 86.12 86.13 86.14 86.15 86.16 86.17 86.18 86.19 86.20 86.21 86.22 86.23 86.24 86.25 86.26 86.27 86.28 86.29 86.30 86.31 86.32 86.33 86.34 86.35 87.1 87.2 87.3 87.4 87.5 87.6 87.7 87.8 87.9 87.10 87.11 87.12 87.13 87.14 87.15 87.16 87.17 87.18 87.19 87.20 87.21 87.22 87.23 87.24 87.25 87.26 87.27 87.28 87.29 87.30 87.31 87.32 87.33 87.34 87.35 87.36 88.1 88.2 88.3 88.4 88.5 88.6 88.7 88.8 88.9 88.10 88.11 88.12 88.13 88.14 88.15 88.16 88.17 88.18 88.19 88.20 88.21 88.22 88.23 88.24 88.25 88.26 88.27 88.28 88.29 88.30 88.31 88.32 88.33 88.34 88.35 88.36 89.1 89.2 89.3 89.4 89.5 89.6 89.7 89.8 89.9 89.10 89.11 89.12 89.13 89.14 89.15 89.16 89.17 89.18
89.19
89.20 89.21 89.22 89.23
89.24 89.25 89.26 89.27 89.28 89.29 89.30 89.31 89.32 89.33 89.34 90.1 90.2
90.3 90.4 90.5 90.6 90.7 90.8
90.9 90.10 90.11 90.12 90.13 90.14 90.15 90.16 90.17 90.18 90.19 90.20 90.21 90.22 90.23 90.24 90.25 90.26 90.27 90.28 90.29 90.30 90.31 90.32 90.33 91.1 91.2 91.3 91.4 91.5 91.6 91.7 91.8 91.9 91.10 91.11 91.12 91.13 91.14 91.15 91.16 91.17 91.18 91.19 91.20
91.21 91.22 91.23 91.24 91.25 91.26 91.27 91.28 91.29 91.30 91.31 91.32 91.33 91.34 91.35 92.1 92.2 92.3 92.4 92.5 92.6 92.7 92.8 92.9 92.10 92.11 92.12 92.13 92.14 92.15 92.16 92.17 92.18 92.19 92.20 92.21 92.22 92.23 92.24 92.25 92.26 92.27 92.28 92.29 92.30
92.31 92.32 92.33 92.34 92.35 93.1 93.2 93.3 93.4 93.5 93.6 93.7 93.8 93.9 93.10 93.11 93.12 93.13 93.14 93.15 93.16 93.17 93.18 93.19 93.20 93.21 93.22 93.23 93.24 93.25 93.26 93.27 93.28 93.29 93.30 93.31 93.32 93.33 93.34 93.35 94.1 94.2 94.3 94.4 94.5 94.6 94.7 94.8 94.9 94.10 94.11 94.12 94.13 94.14 94.15 94.16 94.17 94.18 94.19 94.20 94.21 94.22 94.23
94.24 94.25 94.26 94.27 94.28 94.29 94.30 94.31 94.32 94.33 94.34 95.1 95.2 95.3 95.4 95.5 95.6 95.7 95.8 95.9 95.10 95.11 95.12 95.13 95.14 95.15 95.16 95.17 95.18 95.19 95.20 95.21 95.22 95.23 95.24 95.25 95.26 95.27 95.28 95.29
95.30 95.31 95.32 95.33 95.34 95.35 96.1 96.2 96.3 96.4 96.5 96.6 96.7 96.8 96.9 96.10 96.11 96.12 96.13 96.14 96.15 96.16 96.17 96.18 96.19 96.20 96.21 96.22 96.23 96.24 96.25 96.26 96.27
96.28 96.29 96.30 96.31 96.32 96.33 96.34 96.35 97.1 97.2 97.3 97.4 97.5
97.6 97.7 97.8 97.9 97.10 97.11 97.12 97.13 97.14
97.15 97.16 97.17 97.18 97.19 97.20 97.21 97.22 97.23 97.24 97.25 97.26 97.27 97.28 97.29 97.30 97.31 97.32 97.33 97.34
98.1 98.2 98.3 98.4 98.5 98.6 98.7 98.8 98.9 98.10
98.11 98.12 98.13 98.14 98.15 98.16
98.17
98.18 98.19
98.20 98.21
98.22 98.23 98.24 98.25 98.26 98.27 98.28 98.29 98.30 98.31 98.32 99.1 99.2 99.3 99.4 99.5 99.6 99.7 99.8 99.9 99.10 99.11 99.12 99.13 99.14 99.15 99.16 99.17 99.18 99.19

A bill for an act
relating to education; modifying policies for early childhood through grade 12
and adult education, including student accountability, educators, school programs
and operations, charter schools, special education, and early childhood education;
authorizing rulemaking; requiring reports; appropriating money; amending
Minnesota Statutes 2012, sections 15.059, subdivision 5b; 120A.40; 120A.41;
120B.02; 120B.021, subdivision 1; 120B.023; 120B.024; 120B.125; 120B.128;
120B.15; 120B.30, subdivisions 1, 1a; 120B.31, subdivision 1; 120B.35,
subdivision 3; 120B.36, subdivision 1; 121A.22, subdivision 2; 121A.2205;
122A.09, subdivision 4; 122A.14, subdivision 1; 122A.18, subdivision 2;
122A.23, subdivision 2; 122A.28, subdivision 1; 122A.33, subdivision 3;
123B.88, subdivision 22; 123B.92, subdivision 1; 124D.10; 124D.122; 124D.52,
by adding a subdivision; 124D.59, subdivision 2; 124D.61; 124D.79, subdivision
1, by adding a subdivision; 125A.0941; 125A.0942; 125A.27, subdivisions 8, 11,
14; 125A.28; 125A.29; 125A.30; 125A.32; 125A.33; 125A.35, subdivision 1;
125A.36; 125A.43; 126C.10, subdivision 14; 260A.02, subdivision 3; 260A.03;
260A.05, subdivision 1; 260A.07, subdivision 1; Laws 2011, First Special
Session chapter 11, article 7, section 2, subdivision 8, as amended; proposing
coding for new law in Minnesota Statutes, chapters 120B; 121A; 124D; repealing
Minnesota Statutes 2012, section 125A.35, subdivisions 4, 5; Minnesota Rules,
parts 3501.0010; 3501.0020; 3501.0030, subparts 1, 2, 3, 4, 5, 6, 7, 9, 10, 11,
12, 13, 14, 15, 16; 3501.0040; 3501.0050; 3501.0060; 3501.0090; 3501.0100;
3501.0110; 3501.0120; 3501.0130; 3501.0140; 3501.0150; 3501.0160;
3501.0170; 3501.0180; 3501.0200; 3501.0210; 3501.0220; 3501.0230;
3501.0240; 3501.0250; 3501.0270; 3501.0280, subparts 1, 2; 3501.0290;
3501.0505; 3501.0510; 3501.0515; 3501.0520; 3501.0525; 3501.0530;
3501.0535; 3501.0540; 3501.0545; 3501.0550; 3501.1000; 3501.1020;
3501.1030; 3501.1040; 3501.1050; 3501.1110; 3501.1120; 3501.1130;
3501.1140; 3501.1150; 3501.1160; 3501.1170; 3501.1180; 3501.1190.

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

ARTICLE 1

STUDENT ACCOUNTABILITY

Section 1.

new text begin [120B.018] DEFINITIONS.
new text end

new text begin Subdivision 1. new text end

new text begin Scope. new text end

new text begin The definitions in this section apply to this chapter.
new text end

new text begin Subd. 2. new text end

new text begin Academic standard. new text end

new text begin "Academic standard" means a summary description
of student learning in a required content area under section 120B.021 or elective content
area under section 120B.022.
new text end

new text begin Subd. 3. new text end

new text begin Career and college ready benchmark. new text end

new text begin "Career and college ready
benchmark" means specific knowledge or skill that a student must attain to complete part
of an academic standard.
new text end

new text begin Subd. 4. new text end

new text begin Credit. new text end

new text begin "Credit" means the determination by the local school district that a
student successfully completed an academic year of study or demonstrated attainment of
applicable subject matter.
new text end

new text begin Subd. 5. new text end

new text begin Elective standard. new text end

new text begin "Elective standard" means a locally adopted
expectation for student learning in career and technical education or world languages.
new text end

new text begin Subd. 6. new text end

new text begin Required standard. new text end

new text begin "Required standard" means (1) a statewide adopted
expectation for student learning in the content areas of language arts, mathematics,
science, social studies, physical education, and the arts or (2) a locally adopted expectation
for student learning in health or the arts.
new text end

new text begin Subd. 7. new text end

new text begin School site. new text end

new text begin "School site" means a separate facility, or a separate program
within a facility that a local school board recognizes as a school site for funding purposes.
new text end

Sec. 2.

Minnesota Statutes 2012, section 120B.02, is amended to read:


120B.02 EDUCATIONAL EXPECTATIONS new text beginAND GRADUATION
REQUIREMENTS
new text endFOR MINNESOTA'S STUDENTS.

new text begin Subdivision 1. new text end

new text begin Educational expectations. new text end

(a) The legislature is committed to
establishing rigorous academic standards for Minnesota's public school students. To
that end, the commissioner shall adopt in rule statewide academic standards. The
commissioner shall not prescribe in rule or otherwise the delivery system, classroom
assessments, or form of instruction that school sites must use. deleted text beginFor purposes of this chapter,
a school site is a separate facility, or a separate program within a facility that a local school
board recognizes as a school site for funding purposes.
deleted text end

(b) All commissioner actions regarding the rule must be premised on the following:

(1) the rule is intended to raise academic expectations for students, teachers, and
schools;

(2) any state action regarding the rule must evidence consideration of school district
autonomy; and

(3) the Department of Education, with the assistance of school districts, must make
available information about all state initiatives related to the rule to students and parents,
teachers, and the general public in a timely format that is appropriate, comprehensive, and
readily understandable.

deleted text begin (c) When fully implemented, the requirements for high school graduation in
Minnesota must require students to satisfactorily complete, as determined by the school
district, the course credit requirements under section 120B.024, all state academic
standards or local academic standards where state standards do not apply, and successfully
pass graduation examinations as required under section 120B.30.
deleted text end

deleted text begin (d)deleted text endnew text begin (c)new text end The commissioner shall periodically review and report on the state's
assessment process.

deleted text begin (e)deleted text endnew text begin (d)new text end School districts are not required to adopt specific provisions of the federal
School-to-Work programs.

new text begin Subd. 2. new text end

new text begin Graduation requirements. new text end

new text begin The state minimum requirements for high
school graduation are satisfactorily completing the credit requirements under section
120B.024, as determined by the school district, and demonstrating attainment of required
academic standards and career and college readiness benchmarks on a nationally normed
college entrance exam under section 120B.30. A school district must adopt graduation
requirements that meet or exceed state graduation requirements established in law or rule.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2013, and applies to
students entering 9th grade in the 2013-2014 school year and later.
new text end

Sec. 3.

Minnesota Statutes 2012, section 120B.021, subdivision 1, is amended to read:


Subdivision 1.

Required academic standards.

new text begin(a) new text endThe following subject areas
are required for statewide accountability:

(1) language arts;

(2) mathematics;

(3) science;

(4) social studiesdeleted text begin, including history, geography, economics, and government and
citizenship
deleted text end;

(5) physical education;

(6) health, for which locally developed academic standards apply; and

(7) the arts, for which statewide or locally developed academic standards apply, as
determined by the school district. Public elementary and middle schools must offer at least
three and require at least two of the following four arts areas: dance; music; theater; and
visual arts. Public high schools must offer at least three and require at least one of the
following five arts areas: media arts; dance; music; theater; and visual arts.

deleted text begin The commissioner must submit proposed standards in science and social studies to
the legislature by February 1, 2004.
deleted text end

new text begin (b) new text endFor purposes of applicable federal law, the academic standards for language arts,
mathematics, and science apply to all public school students, except the very few students
with extreme cognitive or physical impairments for whom an individualized education
program team has determined that the required academic standards are inappropriate. An
individualized education program team that makes this determination must establish
alternative standards.

deleted text begin A school district, no later than the 2007-2008 school year, must adopt graduation
requirements that meet or exceed state graduation requirements established in law or rule.
A school district that incorporates these state graduation requirements before the 2007-2008
school year must provide students who enter the 9th grade in or before the 2003-2004
school year the opportunity to earn a diploma based on existing locally established
graduation requirements in effect when the students entered the 9th grade.
deleted text end new text begin(c) new text endDistrict
efforts to develop, implement, or improve instruction or curriculum as a result of the
provisions of this section must be consistent with sections 120B.10, 120B.11, and 120B.20.

deleted text begin The commissioner must include the contributions of Minnesota American Indian
tribes and communities as they relate to the academic standards during the review and
revision of the required academic standards.
deleted text end

Sec. 4.

Minnesota Statutes 2012, section 120B.023, is amended to read:


120B.023 BENCHMARKS.

Subdivision 1.

Benchmarks implement, supplement statewide academic
standards.

(a) The commissioner must supplement required state academic standards with
grade-level benchmarks. High school benchmarks may cover more than one grade. deleted text beginThe
benchmarks must implement statewide academic standards by specifying the academic
knowledge and skills that
deleted text end Schools must offer and students must achieve new text beginall benchmarks for
an academic standard
new text endto satisfactorily complete deleted text beginadeleted text endnew text begin thatnew text end state standard. deleted text beginThe commissioner
must publish benchmarks to inform and guide parents, teachers, school districts, and other
interested persons and to use in developing tests consistent with the benchmarks.
deleted text end

(b) The commissioner shall publish benchmarks in the State Register and transmit
the benchmarks in any other manner thatnew text begin informs and guides parents, teachers, school
districts, and other interested persons and
new text end makes them accessible to the general public. new text beginThe
commissioner must use benchmarks in developing career and college readiness assessments
under section 120B.30.
new text endThe commissioner may charge a reasonable fee for publications.

(c) Once established, the commissioner may change the benchmarks only with
specific legislative authorization and after completing a review under subdivision 2.

deleted text begin (d) The commissioner must develop and implement a system for reviewing each
of the required academic standards and related benchmarks and elective standards on a
periodic cycle, consistent with subdivision 2.
deleted text end

deleted text begin (e)deleted text endnew text begin (d)new text end The benchmarks are not subject to chapter 14 and section 14.386 does not
apply.

Subd. 2.

Revisions and reviews required.

(a) The commissioner of education must
revise and appropriately embed technology and information literacy standards consistent
with recommendations from school media specialists into the state's academic standards
and graduation requirements and implement a review cycle for state academic standards
and related benchmarks, consistent with this subdivision. During each review cycle, the
commissioner also must examine the alignment of each required academic standard and
related benchmark with the knowledge and skills students need for college readiness
and advanced work in the particular subject area.new text begin The commissioner must include the
contributions of Minnesota American Indian tribes and communities as related to the
academic standards during the review and revision of the required academic standards.
new text end

deleted text begin (b) The commissioner in the 2006-2007 school year must revise and align the state's
academic standards and high school graduation requirements in mathematics to require
that students satisfactorily complete the revised mathematics standards, beginning in the
2010-2011 school year. Under the revised standards:
deleted text end

deleted text begin (1) students must satisfactorily complete an algebra I credit by the end of eighth
grade; and
deleted text end

deleted text begin (2) students scheduled to graduate in the 2014-2015 school year or later must
satisfactorily complete an algebra II credit or its equivalent.
deleted text end

new text begin (b) new text endThe commissioner deleted text beginalsodeleted text end must ensure that the statewide mathematics assessments
administered to students in grades 3 through 8 and 11 are aligned with the state academic
standards in mathematics, consistent with section 120B.30, subdivision 1, paragraph
(b). The commissioner must implement a review of the academic standards and related
benchmarks in mathematics beginning in the 2015-2016 school year.

(c) deleted text beginThe commissioner in the 2007-2008 school year must revise and align the state's
academic standards and high school graduation requirements in the arts to require that
students satisfactorily complete the revised arts standards beginning in the 2010-2011
school year.
deleted text end The commissioner must implement a review of the academic standards and
related benchmarks in arts beginning in the 2016-2017 school year.

(d) deleted text beginThe commissioner in the 2008-2009 school year must revise and align the state's
academic standards and high school graduation requirements in science to require that
students satisfactorily complete the revised science standards, beginning in the 2011-2012
school year. Under the revised standards, students scheduled to graduate in the 2014-2015
school year or later must satisfactorily complete a chemistry or physics credit or a career
and technical education credit that meets standards underlying the chemistry, physics,
or biology credit or a combination of those standards approved by the district.
deleted text end The
commissioner must implement a review of the academic standards and related benchmarks
in science beginning in the 2017-2018 school year.

(e) deleted text beginThe commissioner in the 2009-2010 school year must revise and align the state's
academic standards and high school graduation requirements in language arts to require
that students satisfactorily complete the revised language arts standards beginning in the
2012-2013 school year.
deleted text end The commissioner must implement a review of the academic
standards and related benchmarks in language arts beginning in the 2018-2019 school year.

(f) The commissioner in the 2010-2011 school year must revise and align the state's
academic standards and high school graduation requirements in social studies to require
that students satisfactorily complete the revised social studies standards beginning in the
2013-2014 school year. The commissioner must implement a review of the academic
standards and related benchmarks in social studies beginning in the 2019-2020 school year.

(g) School districts and charter schools must revise and align local academic
standards and high school graduation requirements in health, world languages, and career
and technical education to require students to complete the revised standards beginning
in a school year determined by the school district or charter school. School districts and
charter schools must formally establish a periodic review cycle for the academic standards
and related benchmarks in health, world languages, and career and technical education.

Sec. 5.

Minnesota Statutes 2012, section 120B.024, is amended to read:


120B.024 deleted text beginGRADUATION REQUIREMENTS; COURSEdeleted text end CREDITS.

new text begin Subdivision 1. new text end

new text begin Graduation requirements. new text end

deleted text begin(a)deleted text end Students beginning 9th grade in the
2011-2012 school year and later must successfully complete the following high school
level deleted text begincoursedeleted text end credits for graduation:

(1) four credits of language artsnew text begin sufficient to satisfy all of the academic standards
in English language arts
new text end;

(2) three credits of mathematics, deleted text beginencompassing at least algebra, geometry, statistics,
and probability
deleted text endnew text begin including an algebra II credit or its equivalent,new text end sufficient to satisfy new text beginall of
new text endthe academic deleted text beginstandarddeleted text endnew text begin standards in mathematicsnew text end;

new text begin (3) an algebra I credit by the end of 8th grade sufficient to satisfy all of the 8th
grade standards in mathematics;
new text end

deleted text begin (3)deleted text endnew text begin (4)new text end three credits of science, including at least: (i) one credit in biology; and (ii)
one chemistry or physics credit or a career and technical education credit that meets
standards underlying the chemistry, physics, or biology credit or a combination of those
standards approved by the district, but meeting biology standards under this item does not
meet the biology requirement under item (i);

deleted text begin (4)deleted text endnew text begin (5)new text end three and one-half credits of social studies, encompassing at least United
States history, geography, government and citizenship, world history, and economics or
three credits of social studies encompassing at least United States history, geography,
government and citizenship, and world history, and one-half credit of economics taught in
a school's social studies, agriculture education, or business departmentnew text begin sufficient to satisfy
all of the academic standards in social studies
new text end;

deleted text begin (5)deleted text endnew text begin (6)new text end one credit deleted text beginindeleted text endnew text begin ofnew text end the artsnew text begin sufficient to satisfy all of the state or local academic
standards in the arts
new text end; and

deleted text begin (6)deleted text endnew text begin (7)new text end a minimum of seven elective deleted text begincoursedeleted text end credits.

deleted text begin A course credit is equivalent to a student successfully completing an academic
year of study or a student mastering the applicable subject matter, as determined by the
local school district.
deleted text end

new text begin Subd. 2. new text end

new text begin Credit equivalencies. new text end

new text begin (a) A one-half credit of economics taught in a
school's agriculture education or business department may fulfill a one-half credit in
social studies under subdivision 1, clause (5), if the credit is sufficient to satisfy all of the
academic standards in economics.
new text end

(b) An agriculture science course may fulfill a science credit requirement other than
the specified science credit in biology under deleted text beginparagraph (a)deleted text endnew text begin subdivision 1new text end, clause deleted text begin(3)deleted text endnew text begin (4)new text end.

(c) A career and technical education course may fulfill a mathematics or arts credit
requirement or a science credit requirement other than the specified science credit in
biology under deleted text beginparagraph (a)deleted text endnew text begin subdivision 1new text end, clause (2), deleted text begin(3), or (5)deleted text endnew text begin (4), or (6)new text end.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2013, and applies to
students entering 9th grade in the 2013-2014 school year and later.
new text end

Sec. 6.

Minnesota Statutes 2012, section 120B.125, is amended to read:


120B.125 PLANNING FOR STUDENTS' SUCCESSFUL TRANSITION
TO POSTSECONDARY EDUCATION AND EMPLOYMENT; INVOLUNTARY
CAREER TRACKING PROHIBITED.

(a) Consistent with sections 120B.128, 120B.13, 120B.131, 120B.132, 120B.14,
120B.15, new text begin120B.30, subdivision 1, paragraph (c), new text end125A.08, and other related sections,
school districts deleted text beginare strongly encouraged todeleted text endnew text begin, beginning in the 2013-2014 school year, must
new text end assist all students by no later than grade 9 to explore their college and career interests and
aspirations and develop a plan for a smooth and successful transition to postsecondary
education or employment. All students' plans must be designed to:

(1) provide a comprehensive academic plan for completing a college and
career-ready curriculum premised on meeting state and local academic standards and
developing 21st century skills such as team work, collaboration, and good work habits;

(2) emphasize academic rigor and high expectations;

(3) help students identify personal learning styles that may affect their postsecondary
education and employment choices;

(4) help students deleted text beginsucceed at gainingdeleted text endnew text begin gainnew text end access to postsecondary education and
career options;

(5) integrate strong academic content into career-focused courses and integrate
relevant career-focused courses into strong academic content;

(6) help students and families identify and gain access to appropriate counseling
and other supports and assistance that enable students to complete required coursework,
prepare for postsecondary education and careers, and obtain information about
postsecondary education costs and eligibility for financial aid and scholarship;

(7) help students and families identify collaborative partnerships of kindergarten
through grade 12 schools, postsecondary institutions, economic development agencies, and
employers that support students' transition to postsecondary education and employment
and provide students with experiential learning opportunities; and

(8) be reviewed and revised at least annually by the student, the student's parent or
guardian, and the school or district to ensure that the student's course-taking schedule
keeps the student deleted text begin"on track"deleted text endnew text begin making adequate progressnew text end to meet state and local high school
graduation requirements and with a reasonable chance to succeed with employment or
postsecondary education without the need to first complete remedial course work.

(b) A school district may develop grade-level curricula or provide instruction that
introduces students to various careers, but must not require any curriculum, instruction,
or employment-related activity that obligates an elementary or secondary student to
involuntarily select a career, career interest, employment goals, or related job training.

deleted text begin (c) School districts are encouraged to seek and use revenue and in-kind contributions
from nonstate sources and to seek administrative cost savings through innovative local
funding arrangements, such as the Collaboration Among Rochester Educators (CARE)
model for funding postsecondary enrollment options, among other sources, for purposes
of implementing this section.
deleted 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.

Minnesota Statutes 2012, section 120B.128, is amended to read:


120B.128 EDUCATIONAL PLANNING AND ASSESSMENT SYSTEM
(EPAS) PROGRAM.

(a) School districts and charter schools may elect to participate in the Educational
Planning and Assessment System (EPAS) program offered by ACT, Inc. to provide a
longitudinal, systematic approach to student educational and career planning, assessment,
instructional support, and evaluation. The EPAS achievement tests include English,
reading, mathematics, science, and components on planning for high school and
postsecondary education, interest inventory, needs assessments, and student education
plans. These tests are linked to the ACT assessment for college admission and allow
students, parents, teachers, and schools to determine the student's college readiness before
grades 11 and 12.

(b) The commissioner of education shall provide ACT Explore tests for students
in grade 8 and the ACT Plan test for students in grade 10 to assess individual student
academic strengths and weaknesses, academic achievement and progress, higher order
thinking skills, and college readiness.

new text begin (c) Students entering grade 9 before the 2013-2014 school year who have not
yet demonstrated proficiency on the Minnesota comprehensive assessments, the
graduation-required assessments for diploma, or the basic skills testing requirements may
satisfy state high school graduation requirements for assessments in reading, mathematics,
and writing by taking the ACT assessment for college admission prior to high school
graduation.
new text end

new text begin (d)new text end The state shall pay the test costs for school districts and charter schools deleted text beginthat
choose to participate in the EPAS program
deleted text endnew text begin to participate in the assessments under this
section
new text end. The commissioner shall establish an application procedure and a process for
state payment of costs.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment
and applies through the 2015-2016 school year.
new text end

Sec. 8.

Minnesota Statutes 2012, section 120B.15, is amended to read:


120B.15 GIFTED AND TALENTED STUDENTS PROGRAMS.

(a) School districts may identify students, locally develop programsnew text begin addressing
instructional and affective needs
new text end, provide staff development, and evaluate programs to
provide gifted and talented students with challenging new text beginand appropriate new text endeducational programs.

(b) School districts deleted text beginmaydeleted text endnew text begin mustnew text end adopt guidelines for assessing and identifying students
for participation in gifted and talented programs. The guidelines should include the use of:

(1) multiple and objective criteria; and

(2) assessments and procedures that are valid and reliable, fair, and based on current
theory and research.new text begin Assessments and procedures should be sensitive to underrepresented
groups, including, but not limited to, low-income, minority, twice-exceptional, and
English learners.
new text end

(c) School districts must adopt procedures for the academic acceleration of gifted
and talented students. These procedures must include how the district will:

(1) assess a student's readiness and motivation for acceleration; and

(2) match the level, complexity, and pace of the curriculum to a student to achieve
the best type of academic acceleration for that student.

new text begin (d) School districts must adopt procedures for early admission to kindergarten
or first grade of gifted and talented learners. The procedures must be sensitive to
underrepresented groups and must address how the district or charter school will:
new text end

new text begin (1) assess a child's readiness and motivation for accelerations;
new text end

new text begin (2) assess a child's cognitive abilities, achievement, and performance; and
new text end

new text begin (3) monitor the child's adjustment postacceleration.
new text end

new text begin The school district shall admit a gifted and talented child to kindergarten or first
grade who fails to meet the age requirement under section 120A.20, subdivision 1,
paragraph (b), provided the child completes the procedures and meets the criteria for early
entrance adopted by the school board under this subdivision.
new text end

Sec. 9.

new text begin [120B.21] MENTAL HEALTH EDUCATION.
new text end

new text begin School districts and charter schools are encouraged to provide mental health
instruction for students in grades 6 through 12 aligned with local health standards and
integrated into existing programs, curriculum, or the general school environment of a
district or charter school. The commissioner, in consultation with the commissioner of
human services and mental health organizations, is encouraged to provide districts and
charter schools with:
new text end

new text begin (1) age-appropriate model learning activities for grades 6 through 12 that encompass
the mental health components of the National Health Education Standards and the
benchmarks developed by the department's quality teaching network in health and best
practices in mental health education; and
new text end

new text begin (2) a directory of resources for planning and implementing age-appropriate mental
health curriculum and instruction in grades 6 through 12.
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.

Minnesota Statutes 2012, section 120B.30, subdivision 1, is amended to read:


Subdivision 1.

Statewide testing.

(a) The commissioner, with advice from experts
with appropriate technical qualifications and experience and stakeholders, consistent
with subdivision 1a, shall include in the comprehensive assessment system, for each
grade level to be tested, state-constructed tests developed deleted text beginfrom anddeleted text endnew text begin as computer-adaptive
reading and mathematics assessments for students that are
new text end aligned with the state's required
academic standards under section 120B.021, include multiple choice questions, and deleted text beginbe
deleted text endnew text begin arenew text end administered annually to all students in grades 3 through deleted text begin8deleted text endnew text begin 7new text end. State-developed high
school tests aligned with the state's required academic standards under section 120B.021
and administered to all high school students in a subject other than writing must include
multiple choice questions. The commissioner shall establish one or more months during
which schools shall administer the tests to students each school year. deleted text beginFor students enrolled
in grade 8 before the 2005-2006 school year, Minnesota basic skills tests in reading,
mathematics, and writing shall fulfill students' basic skills testing requirements for a
passing state notation. The passing scores of basic skills tests in reading and mathematics
are the equivalent of 75 percent correct for students entering grade 9 based on the first
uniform test administered in February 1998.
deleted text end Students who have not successfully passed a
Minnesota basic skills test by the end of the 2011-2012 school year deleted text beginmust passdeleted text end new text beginand students
in their senior year who have not yet demonstrated proficiency on
new text endthe graduation-required
assessments for diploma deleted text beginunder paragraph (c), except that for the 2012-2013 and 2013-2014
school years only, these students may satisfy the state's graduation test requirement for
math by complying with paragraph (d), clauses (1) and (3)
deleted text endnew text begin by the end of the 2012-2013
school year must take a college admission assessment under paragraph (c) and consistent
with section 120B.128, paragraph (c), that supports career and college readiness for all
students, or the student may choose to instead take a nationally recognized armed services
vocational aptitude test
new text end.

(b) The state assessment system must be aligned to the most recent revision of
academic standards as described in section 120B.023 in the following manner:

(1) mathematics;

(i) grades 3 through 8 beginning in the 2010-2011 school year; and

(ii) high school level beginning in the 2013-2014 school year;

(2) science; grades 5 and 8 and at the high school level beginning in the 2011-2012
school year; and

(3) language arts and reading; grades 3 through 8 and high school level beginning in
the 2012-2013 school year.

(c) For students enrolled in grade 8 in the deleted text begin2005-2006deleted text endnew text begin 2012-2013new text end school year and
later, deleted text beginonly the following options shall fulfilldeleted text end students' state graduation deleted text begintestdeleted text end requirementsnew text begin,
based on a longitudinal, systematic approach to student education and career planning,
assessment, instructional support, and evaluation, include the following
new text end:

deleted text begin (1) for reading and mathematics:
deleted text end

deleted text begin (i) obtaining an achievement level equivalent to or greater than proficient as
determined through a standard setting process on the Minnesota comprehensive
assessments in grade 10 for reading and grade 11 for mathematics or achieving a passing
score as determined through a standard setting process on the graduation-required
assessment for diploma in grade 10 for reading and grade 11 for mathematics or
subsequent retests;
deleted text end

deleted text begin (ii) achieving a passing score as determined through a standard setting process
on the state-identified language proficiency test in reading and the mathematics test for
English learners or the graduation-required assessment for diploma equivalent of those
assessments for students designated as English learners;
deleted text end

deleted text begin (iii) achieving an individual passing score on the graduation-required assessment for
diploma as determined by appropriate state guidelines for students with an individualized
education program or 504 plan;
deleted text end

deleted text begin (iv) obtaining achievement level equivalent to or greater than proficient as
determined through a standard setting process on the state-identified alternate assessment
or assessments in grade 10 for reading and grade 11 for mathematics for students with
an individualized education program; or
deleted text end

deleted text begin (v) achieving an individual passing score on the state-identified alternate assessment
or assessments as determined by appropriate state guidelines for students with an
individualized education program; and
deleted text end

deleted text begin (2) for writing:
deleted text end

deleted text begin (i) achieving a passing score on the graduation-required assessment for diploma;
deleted text end

deleted text begin (ii) achieving a passing score as determined through a standard setting process on
the state-identified language proficiency test in writing for students designated as English
learners;
deleted text end

deleted text begin (iii) achieving an individual passing score on the graduation-required assessment for
diploma as determined by appropriate state guidelines for students with an individualized
education program or 504 plan; or
deleted text end

deleted text begin (iv) achieving an individual passing score on the state-identified alternate assessment
or assessments as determined by appropriate state guidelines for students with an
individualized education program.
deleted text end

new text begin (1) attainment of required academic standards and career and college readiness
benchmarks under section 120B.023 as demonstrated on a nationally normed college
entrance exam, or taking a nationally recognized armed services vocational aptitude
test at the election of the student;
new text end

new text begin (2) achievement and career and college readiness tests in mathematics, reading, and
writing, consistent with paragraph (e), to monitor students' continuous development of
and growth in requisite knowledge and skills; analyze students' progress and performance
levels, identifying students' academic strengths and diagnosing areas where students
require curriculum or instructional adjustments, targeted interventions, or remediation;
and based on analysis of students' progress and performance data, determine students'
learning and instructional needs and the instructional tools and best practices that support
academic rigor for the student; and
new text end

new text begin (3) consistent with this paragraph and section 120B.125, age-appropriate exploration
and planning activities and career assessments to encourage students to identify personally
relevant career interests and aptitudes and help students and their families develop a
regularly reexamined transition plan for postsecondary education or employment without
need for postsecondary remediation.
new text end

new text begin Expectations of schools, districts, and the state for career or college readiness under
this subdivision must be comparable in rigor, clarity of purpose, and rates of student
completion. A student under clause (2) must receive targeted, relevant, academically
rigorous, and resourced instruction, which may include a targeted instruction and
intervention plan focused on improving the student's knowledge and skills in core subjects
so that the student has a reasonable chance to succeed in a career or college without need
for postsecondary remediation. Consistent with sections 120B.13, 124D.09, 124D.091,
124D.49, and related sections, an enrolling school or district must actively encourage a
student in grade 11 or 12 who is identified as academically ready for a career or college
to participate in courses and programs awarding college credit to high school students.
Students are not required to achieve a specified score or level of proficiency on an
assessment under this subdivision to graduate from high school.
new text end

(d) deleted text beginStudents enrolled in grade 8 in any school year from the 2005-2006 school
year to the 2009-2010 school year who do not pass the mathematics graduation-required
assessment for diploma under paragraph (c) are eligible to receive a high school diploma
if they:
deleted text end

deleted text begin (1) complete with a passing score or grade all state and local coursework and credits
required for graduation by the school board granting the students their diploma;
deleted text end

deleted text begin (2) participate in district-prescribed academic remediation in mathematics; and
deleted text end

deleted text begin (3) fully participate in at least two retests of the mathematics GRAD test or until
they pass the mathematics GRAD test, whichever comes first.
deleted text end new text begin To improve the secondary
and postsecondary outcomes of all students, the alignment between secondary and
postsecondary education programs and Minnesota's workforce needs, and the efficiency
and cost-effectiveness of secondary and postsecondary programs, the commissioner, after
consulting with the Minnesota State Colleges and Universities chancellor and using a
request for proposal process, shall contract for a series of assessments that are consistent
with this subdivision, aligned with state academic standards, and include career and
college readiness benchmarks. Mathematics, reading, and writing assessments for students
in grades 8 and 10 must be predictive of and aligned with a nationally normed assessment
for career and college readiness. This nationally recognized assessment must be a college
entrance exam and given to students in grade 11 or 12. This series of assessments must
include a college placement diagnostic exam and contain career exploration elements.
Students in grade 11 or 12 may choose to take a nationally recognized armed services
vocational aptitude test as an alternative to the college and career readiness entrance
exam under this paragraph. The commissioner and the Minnesota State Colleges and
Universities chancellor must collaborate in aligning instruction and assessments for
adult basic education students to provide the students with diagnostic information about
any targeted interventions they need so that they may seek postsecondary education or
employment without need for postsecondary remediation.
new text end

new text begin (1) Districts and schools, on an annual basis, must use the career exploration
elements in these assessments to help students, beginning no later than grade 9, and their
families explore and plan for postsecondary education or careers based on the students'
interests, aptitudes, and aspirations. Districts and schools must use timely regional labor
market information and partnerships, among other resources, to help students and their
families successfully develop, pursue, review, and revise an individualized plan for
postsecondary education or a career. This process must help increase students' engagement
in and connection to school, improve students' knowledge and skills, and deepen students'
understanding of career pathways as a sequence of academic and career courses that lead
to an industry-recognized credential, an associate's degree, or a bachelor's degree and are
available to all students, whatever their interests and career goals.
new text end

new text begin (2) Students who, based on their growth in academic achievement between grades 8
and 10, show adequate progress toward meeting state career and college readiness must
be given the college entrance exam part of these assessments in grade 11 or a nationally
recognized armed services vocational aptitude test. A student under this clause who
demonstrates attainment of required state academic standards, which include career and
college readiness benchmarks, on these assessments is academically ready for a career or
college and is encouraged to participate in courses and programs awarding college credit to
high school students. Such courses and programs may include sequential courses of study
within broad career areas and technical skill assessments that extend beyond course grades.
new text end

new text begin (3) All students in grade 11 not subject to clause (2) must be given the college
placement diagnostic exam so that the students, their families, the school, and the district
can use the results to diagnose areas for targeted instruction, intervention, or remediation
and improve students' knowledge and skills in core subjects sufficient for the student
to graduate and have a reasonable chance to succeed in a career or college without
remediation. These students must be given the college entrance exam part of these
assessments in grade 12 or a nationally recognized armed services vocational aptitude test.
new text end

new text begin (4) A student in clause (3) who demonstrates (i) attainment of required state
academic standards, which include career and college readiness benchmarks, on these
assessments, (ii) attainment of career and college readiness benchmarks on the college
placement diagnostic part of these assessments, and, where applicable, (iii) successfully
completes targeted instruction, intervention, or remediation approved by the commissioner
and the Minnesota State Colleges and Universities chancellor after consulting with local
school officials and educators, is academically ready for a career or college and is
encouraged to participate in courses and programs awarding college credit to high school
students. Such courses and programs may include sequential courses of study within
broad career areas and technical skill assessments that extend beyond course grades.
new text end

new text begin (5) A study to determine the alignment between these assessments and state
academic standards under this chapter must be conducted. Where alignment exists, the
commissioner must seek federal approval to, and immediately upon receiving approval
replace the federally required assessments referenced under subdivision 1a and section
120B.35, subdivision 2, with assessments under this paragraph.
new text end

new text begin (e) In developing, supporting, and improving students' academic readiness for a
career or college, schools, districts, and the state must have a continuum of empirically
derived, clearly defined benchmarks focused on students' attainment of knowledge and
skills so that students, their parents, and teachers know how well students must perform to
have a reasonable chance to succeed in a career or college without need for postsecondary
remediation. The commissioner and Minnesota's public postsecondary institutions must
ensure that the foundational knowledge and skills for students' successful performance
in postsecondary employment or education and an articulated series of possible targeted
interventions are clearly identified and satisfy Minnesota's postsecondary admissions
requirements.
new text end

new text begin (f)new text end A school, district, or charter school must deleted text beginplacedeleted text endnew text begin recordnew text end on the high school
transcript a student's deleted text begincurrent pass status for each subject that has a required graduation
assessment
deleted text endnew text begin progress toward career and college readinessnew text end.

deleted text begin In addition,deleted text endnew text begin (g)new text end The school board granting deleted text beginthedeleted text end students their diplomas may formally
decide to include a notation of high achievement on the high school diplomas of those
graduating seniors who, according to established school board criteria, demonstrate
exemplary academic achievement during high school.

deleted text begin (e)deleted text endnew text begin (h)new text end The 3rd through deleted text begin8thdeleted text endnew text begin 7thnew text end gradenew text begin computer-adaptive assessment resultsnew text end and
high school test results shall be available to districts for diagnostic purposes affecting
student learning and district instruction and curriculum, and for establishing educational
accountability. new text beginThe commissioner must establish empirically derived benchmarks on
adaptive assessments in grades 3 through 7 that reveal a trajectory toward career and
college readiness.
new text endThe commissioner must disseminate to the public thenew text begin computer-adaptive
assessments and
new text end high school test results upon receiving those results.

deleted text begin (f)deleted text endnew text begin (i)new text end The 3rd through deleted text begin8thdeleted text endnew text begin 7thnew text end gradenew text begin computer-adaptive assessmentsnew text end and high school
tests must be aligned with state academic standards. The commissioner shall determine the
testing process and the order of administration. The statewide results shall be aggregated
at the site and district level, consistent with subdivision 1a.

deleted text begin (g) In addition to the testing and reporting requirements under this section,deleted text endnew text begin (j)new text end The
commissioner shall include the following components in the statewide public reporting
system:

(1) uniform statewide deleted text begintestingdeleted text endnew text begin computer-adaptive assessmentsnew text end of all students in
grades 3 through deleted text begin8deleted text endnew text begin 7new text end andnew text begin testingnew text end at the high school level that provides appropriate,
technically sound accommodations deleted text beginor alternate assessmentsdeleted text end;

(2) educational indicators that can be aggregated and compared across school
districts and across time on a statewide basis, including average daily attendance, high
school graduation rates, and high school drop-out rates by age and grade level;

(3) state results on the American College Test; and

(4) state results from participation in the National Assessment of Educational
Progress so that the state can benchmark its performance against the nation and other
states, and, where possible, against other countries, and contribute to the national effort
to monitor achievement.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment
and applies to the 2013-2014 school year and later except that paragraph (a) applies
the day following final enactment and the requirements for using computer-adaptive
mathematics and reading assessments for grades 3 through 7 apply in the 2015-2016
school year and later.
new text end

Sec. 11.

Minnesota Statutes 2012, section 120B.30, subdivision 1a, is amended to read:


Subd. 1a.

Statewide and local assessments; results.

(a)new text begin For purposes of this
section, the following definitions have the meanings given them.
new text end

new text begin (1) "Computer-adaptive assessments" means fully adaptive assessments.
new text end

new text begin (2) "Fully adaptive assessments" include test items that are on-grade level and items
that may be above or below a student's grade level.
new text end

new text begin (3) "On-grade level" test items contain subject area content that is aligned to state
academic standards for the grade level of the student taking the assessment.
new text end

new text begin (4) "Above-grade level" test items contain subject area content that is above the
grade level of the student taking the assessment and is considered aligned with state
academic standards to the extent it is aligned with content represented in state academic
standards above the grade level of the student taking the assessment. Notwithstanding
the student's grade level, administering above-grade level test items to a student does not
violate the requirement that state assessments must be aligned with state standards.
new text end

new text begin (5) "Below-grade level" test items contain subject area content that is below the
grade level of the student taking the test and is considered aligned with state academic
standards to the extent it is aligned with content represented in state academic standards
below the student's current grade level. Notwithstanding the student's grade level,
administering below-grade level test items to a student does not violate the requirement
that state assessments must be aligned with state standards.
new text end

new text begin (b) The commissioner must use fully adaptive mathematics and reading assessments
for grades 3 through 7 beginning in the 2015-2016 school year and later.
new text end

new text begin (c)new text end For purposes of conforming with existing federal educational accountability
requirements, the commissioner must developnew text begin and implement computer-adaptivenew text end reading
and mathematics assessments for grades 3 through deleted text begin8deleted text endnew text begin 7new text end, state-developed high school
reading and mathematics tests aligned with state academic standards, and science
assessments under clause (2) that districts and sites must use to monitor student growth
toward achieving those standards. The commissioner must not develop statewide
assessments for academic standards in social studies, health and physical education, and
the arts. The commissioner must require:

(1) annualnew text begin computer-adaptivenew text end reading and mathematics assessments in grades 3
through deleted text begin8deleted text endnew text begin 7new text end, and high school reading and mathematics tests; and

(2) annual science assessments in one grade in the grades 3 through 5 span, the
grades 6 through 8 span, and a life sciences assessment in the grades 9 through 12 span,
and the commissioner must not require students to achieve a passing score on high school
science assessments as a condition of receiving a high school diploma.

new text begin (d) The commissioner must ensure that for annual computer-adaptive assessments:
new text end

new text begin (1) individual student performance data and achievement reports are available within
three school days of when students take an assessment;
new text end

new text begin (2) growth information is available for each student from the student's first
assessment to each proximate assessment using a constant measurement scale;
new text end

new text begin (3) parents, teachers, and school administrators are able to use elementary and
middle school student performance data to project students' secondary and postsecondary
achievement; and
new text end

new text begin (4) useful diagnostic information about areas of students' academic strengths and
weaknesses is available to teachers and school administrators for improving student
instruction and indicating the specific skills and concepts that should be introduced and
developed for students at given performance levels, organized by strands within subject
areas, and aligned to state academic standards.
new text end

deleted text begin (b)deleted text endnew text begin (e)new text end The commissioner must ensure that all statewide tests administered to
elementary and secondary students measure students' academic knowledge and skills and
not students' values, attitudes, and beliefs.

deleted text begin (c)deleted text endnew text begin (f)new text end Reporting of assessment results must:

(1) provide timely, useful, and understandable information on the performance of
individual students, schools, school districts, and the state;

(2) include a deleted text beginvalue-addeddeleted text end growth indicator of student achievement under section
120B.35, subdivision 3, paragraph (b); and

(3)deleted text begin(i) for students enrolled in grade 8 before the 2005-2006 school year, determine
whether students have met the state's basic skills requirements; and
deleted text end

deleted text begin (ii) for students enrolled in grade 8 in the 2005-2006 school year and later,deleted text end determine
whether students have met the state's academic standards.

deleted text begin (d)deleted text endnew text begin (g)new text end Consistent with applicable federal law deleted text beginand subdivision 1, paragraph (d),
clause (1)
deleted text end, the commissioner must include appropriate, technically sound accommodations
or alternative assessments for the very few students with disabilities for whom statewide
assessments are inappropriate and for English learners.

deleted text begin (e)deleted text end new text begin(h) new text endA school, school district, and charter school must administer statewide
assessments under this section, as the assessments become available, to evaluate student
deleted text beginproficiencydeleted text endnew text begin progress toward career and college readinessnew text end in the context of the state's deleted text begingrade
level
deleted text end academic standards. deleted text beginIf a state assessment is not available, a school, school district,
and charter school must determine locally if a student has met the required academic
standards.
deleted text end A school, school district, or charter school may use a student's performance
on a statewide assessment as one of multiple criteria to determine grade promotion or
retention. A school, school district, or charter school may use a high school student's
performance on a statewide assessment as a percentage of the student's final grade in a
course, or place a student's assessment score on the student's transcript.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for the 2013-2014 school year and
later except the requirements for using computer-adaptive mathematics and reading
assessments for grades 3 through 7 apply in the 2015-2016 school year and later.
new text end

Sec. 12.

Minnesota Statutes 2012, section 120B.31, subdivision 1, is amended to read:


Subdivision 1.

Educational accountability and public reporting.

Consistent
with the direction to adopt statewide academic standards under section 120B.02, the
department, in consultation with education and other system stakeholders, must establish a
coordinated and comprehensive system of educational accountability and public reporting
that promotes greater academic achievement, preparation for higher academic education,
preparation for the world of work, citizenship deleted text beginunder sections 120B.021, subdivision 1,
clause (4), and 120B.024, paragraph (a), clause (4)
deleted text end, and the arts.

Sec. 13.

Minnesota Statutes 2012, section 120B.35, subdivision 3, is amended to read:


Subd. 3.

State growth target; other state measures.

(a) The state's educational
assessment system measuring individual students' educational growth is based on
indicators of achievement growth that show an individual student's prior achievement.
Indicators of achievement and prior achievement must be based on highly reliable
statewide or districtwide assessments.

(b) The commissioner, in consultation with a stakeholder group that includes
assessment and evaluation directors and staff and researchers must implement a model
that uses a value-added growth indicator and includes criteria for identifying schools
and school districts that demonstrate medium and high growth under section 120B.299,
subdivisions 8 and 9, and may recommend other value-added measures under section
120B.299, subdivision 3. The model may be used to advance educators' professional
development and replicate programs that succeed in meeting students' diverse learning
needs. Data on individual teachers generated under the model are personnel data under
section 13.43. The model must allow users to:

(1) report student growth consistent with this paragraph; and

(2) for all student categories, report and compare aggregated and disaggregated state
growth data using the nine student categories identified under the federal 2001 No Child
Left Behind Act and two student gender categories of male and female, respectively,
following appropriate reporting practices to protect nonpublic student data.

The commissioner must report separate measures of student growth and proficiency,
consistent with this paragraph.

(c) When reporting student performance under section 120B.36, subdivision 1, the
commissioner annually, beginning July 1, 2011, must report two core measures indicating
the extent to which current high school graduates are being prepared for postsecondary
academic and career opportunities:

(1) a preparation measure indicating the number and percentage of high school
graduates in the most recent school year who completed course work important to
preparing them for postsecondary academic and career opportunities, consistent with
the core academic subjects required for admission to Minnesota's public colleges and
universities as determined by the Office of Higher Education under chapter 136A; and

(2) a rigorous coursework measure indicating the number and percentage of high
school graduates in the most recent school year who successfully completed one or more
college-level advanced placement, international baccalaureate, postsecondary enrollment
options including concurrent enrollment, other rigorous courses of study under section
120B.021, subdivision 1a, or industry certification courses or programs.

When reporting the core measures under clauses (1) and (2), the commissioner must also
analyze and report separate categories of information using the nine student categories
identified under the federal 2001 No Child Left Behind Act and two student gender
categories of male and female, respectively, following appropriate reporting practices to
protect nonpublic student data.

(d) When reporting student performance under section 120B.36, subdivision 1, the
commissioner annually, beginning July 1, 2014, must report summary data on school
safety and students' engagement and connection at school. The summary data under this
paragraph are separate from and must not be used for any purpose related to measuring
or evaluating the performance of classroom teachers. The commissioner, in consultation
with qualified experts on student engagement and connection and classroom teachers,
must identify highly reliable variables that generate summary data under this paragraph.
The summary data may be used at school, district, and state levels only. Any data on
individuals received, collected, or created that are used to generate the summary data
under this paragraph are nonpublic data under section 13.02, subdivision 9.

new text begin (e) For purposes of statewide educational accountability, the commissioner must
identify and report measures that demonstrate the success of school districts, school sites,
charter schools, and alternative program providers in improving the graduation outcomes
of students under this paragraph. When reporting student performance under section
120B.36, subdivision 1, the commissioner, beginning July 1, 2015, must annually report
summary data on:
new text end

new text begin (1) the four- and six-year graduation rates of students throughout the state who
are identified as at risk of not graduating or off track to graduate, including students
who are eligible to participate in a program under section 123A.05 or 124D.68, among
other students; and
new text end

new text begin (2) the success that school districts, school sites, charter schools, and alternative
program providers experience in:
new text end

new text begin (i) identifying at-risk and off-track student populations by grade;
new text end

new text begin (ii) providing successful prevention and intervention strategies for at-risk students;
new text end

new text begin (iii) providing successful recuperative and recovery or reenrollment strategies for
off-track students; and
new text end

new text begin (iv) improving the graduation outcomes of at-risk and off-track students.
new text end

new text begin For purposes of this paragraph, a student who is at risk of not graduating is a student
in eighth or ninth grade who meets one or more of the following criteria: first enrolled in
an English language learners program in eighth or ninth grade and may be older than other
students enrolled in the same grade; as an eighth grader, is absent from school for at least
20 percent of the days of instruction during the school year, is two or more years older
than other students enrolled in the same grade, or fails multiple core academic courses; or
as a ninth grader, fails multiple ninth grade core academic courses in English language
arts, mathematics, science, or social studies.
new text end

new text begin For purposes of this paragraph, a student who is off track to graduate is a student
who meets one or more of the following criteria: first enrolled in an English language
learners program in high school and is older than other students enrolled in the same grade;
is a returning dropout; is 16 or 17 years old and two or more academic years off track to
graduate; is 18 years or older and two or more academic years off track to graduate; or is
18 years or older and may graduate within one school year.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin Paragraph (e) applies to data that are collected in the
2014-2015 school year and later and reported annually beginning July 1, 2015, consistent
with the recommendations the commissioner receives from recognized and qualified
experts on improving differentiated graduation rates, and establishing alternative routes to
a standard high school diploma for at-risk and off-track students.
new text end

Sec. 14.

Minnesota Statutes 2012, section 120B.36, subdivision 1, is amended to read:


Subdivision 1.

School performance deleted text beginreport cardsdeleted text endnew text begin reportsnew text end.

(a) The commissioner
shall report student academic performance under section 120B.35, subdivision 2; the
percentages of students showing low, medium, and high growth under section 120B.35,
subdivision 3
, paragraph (b); school safety and student engagement and connection
under section 120B.35, subdivision 3, paragraph (d); rigorous coursework under section
120B.35, subdivision 3, paragraph (c);new text begin the percentage of students whose progress and
performance levels are meeting career and college readiness benchmarks under section
120B.30, subdivision 1; longitudinal data on district and school progress in reducing
disparities in students' academic achievement under section 124D.861, subdivision 3;
new text end two
separate student-to-teacher ratios that clearly indicate the definition of teacher consistent
with sections 122A.06 and 122A.15 for purposes of determining these ratios; staff
characteristics excluding salaries; student enrollment demographics; district mobility; and
extracurricular activities. The report also must indicate a school's adequate yearly progress
statusnew text begin under applicable federal lawnew text end, and must not set any designations applicable to high-
and low-performing schools due solely to adequate yearly progress status.

(b) The commissioner shall develop, annually update, and post on the department
Web site school performance deleted text beginreport cardsdeleted text endnew text begin reportsnew text end.

(c) The commissioner must make available performance deleted text beginreport cardsdeleted text endnew text begin reportsnew text end by the
beginning of each school year.

(d) A school or district may appeal its adequate yearly progress status in writing to
the commissioner within 30 days of receiving the notice of its status. The commissioner's
decision to uphold or deny an appeal is final.

(e) School performance deleted text beginreport carddeleted text endnew text begin reportsnew text end data are nonpublic data under section
13.02, subdivision 9, until the commissioner publicly releases the data. The commissioner
shall annually post school performance deleted text beginreport cardsdeleted text endnew text begin reportsnew text end to the department's public Web
site no later than September 1, except that in years when the deleted text beginreport card reflectsdeleted text endnew text begin reports
reflect
new text end new performance standards, the commissioner shall post the school performance
deleted text beginreport cardsdeleted text endnew text begin reportsnew text end no later than October 1.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for the 2013-2014 school year and
later.
new text end

Sec. 15.

Minnesota Statutes 2012, section 124D.52, is amended by adding a
subdivision to read:


new text begin Subd. 8. new text end

new text begin Standard high school diploma for adults. new text end

new text begin (a) The commissioner shall
adopt rules for providing a standard high school diploma to adults who:
new text end

new text begin (1) are not eligible for kindergarten through grade 12 services;
new text end

new text begin (2) do not have a high school diploma; and
new text end

new text begin (3) successfully complete an adult basic education program of instruction approved
by the commissioner necessary to earn an adult high school diploma.
new text end

new text begin (b) Persons participating in an approved adult basic education program of instruction
must demonstrate proficiency in a standard set of competencies that reflect the knowledge
and skills sufficient to ensure that postsecondary programs and institutions and potential
employers regard persons with a standard high school diploma and persons with a
standard high school diploma for adults as equally well prepared and qualified graduates.
Approved adult basic education programs of instruction under this subdivision must issue
a standard high school diploma for adults who successfully demonstrate the competencies,
knowledge, and skills required by the program.
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. 16. new text beginSTATEWIDE ASSESSMENT AND ACCOUNTABILITY; TRANSITION.
new text end

new text begin Notwithstanding other law to the contrary, students enrolled in grade 8 before the
2012-2013 school year are eligible to be assessed under the amended provisions of
Minnesota Statutes, section 120B.30, subdivision 1, to the extent such assessments are
available, or under Minnesota Statutes, section 120B.128. Other measures of statewide
accountability, including student performance, preparation, rigorous course taking,
engagement and connection, and transition into postsecondary education or the workforce
remain in effect.
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. 17. new text beginCAREER PATHWAYS AND TECHNICAL EDUCATION ADVISORY
TASK FORCE.
new text end

new text begin Subdivision 1. new text end

new text begin Recommendations. new text end

new text begin (a) A career pathways and technical education
advisory task force is established to recommend to the Minnesota legislature, consistent
with Minnesota Statutes, sections 120B.30, subdivision 1, and 120B.35, subdivision 3,
how to structurally redesign secondary and postsecondary education to:
new text end

new text begin (1) improve secondary and postsecondary outcomes for students and adult learners;
new text end

new text begin (2) align secondary and postsecondary education programs serving students and
adult learners;
new text end

new text begin (3) align secondary and postsecondary education programs and Minnesota's
workforce needs; and
new text end

new text begin (4) measure and evaluate the combined efficacy of Minnesota's public kindergarten
through grade 12 and postsecondary education programs.
new text end

new text begin (b) Advisory task force members, in preparing these recommendations, must
seek the advice of education providers, employers, policy makers, and other interested
stakeholders and must at least consider how to:
new text end

new text begin (1) better inform students about career options, occupational trends, and educational
paths leading to viable and rewarding careers and reduce the gap between the demand for
and preparation of a skilled Minnesota workforce;
new text end

new text begin (2) in consultation with a student's family, develop and periodically adapt as needed
an education and work plan for each student aligned with the student's personal and
professional interests, abilities, skills, and aspirations;
new text end

new text begin (3) improve monitoring of high school students' progress with targeted interventions
and support and remove the need for remedial instruction;
new text end

new text begin (4) increase and accelerate opportunities for secondary school students to earn
postsecondary credits leading to a certificate, industry license, or degree;
new text end

new text begin (5) better align high school courses and expectations and postsecondary
credit-bearing courses;
new text end

new text begin (6) better align high school standards and assessments, postsecondary readiness
measures and entrance requirements, and the expectations of Minnesota employers;
new text end

new text begin (7) increase the rates at which students complete a postsecondary certificate,
industry license, or degree; and
new text end

new text begin (8) provide graduates of two-year and four-year postsecondary institutions with the
foundational skills needed for civic engagement, ongoing employment, and continuous
learning.
new text end

new text begin Subd. 2. new text end

new text begin Task force membership and operation. new text end

new text begin (a) Advisory task force members
must include representatives of the following: the Minnesota Association of Career and
Technical Administrators; the Minnesota Association for Career and Technical Education;
University of Minnesota and Minnesota State Colleges and Universities faculty working
to develop career and technical educators in Minnesota; the National Research Center
for Career and Technical Education; the Department of Education; the Department of
Employment and Economic Development; the Minnesota Chamber of Commerce; the
Minnesota Business Partnership; the Minnesota Board of Teaching; the Minnesota
Association of Colleges for Teacher Education; Minnesota State Colleges and Universities
foundational skills and general education faculty; and any other representatives selected
by the task force members. The education commissioner or the commissioner's designee
must convene the task force. Task force members are not eligible for compensation or
reimbursement for expenses related to task force activities.
new text end

new text begin (b) The commissioner, upon request, must provide technical assistance to the task
force.
new text end

new text begin (c) The task force must submit its written recommendations under this section to the
legislative committees with jurisdiction over kindergarten through grade 12 education by
February 15, 2014.
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. 18. new text beginSTANDARD ADULT HIGH SCHOOL DIPLOMA ADVISORY TASK
FORCE.
new text end

new text begin (a) The commissioner of education shall appoint a nine-member advisory task
force to recommend programmatic requirements for adult basic education programs of
instruction leading to a standard adult high school diploma under Minnesota Statutes,
section 124D.52, subdivision 8.
new text end

new text begin (b) The commissioner of education must appoint representatives from the following
organizations to the task force by July 1, 2013:
new text end

new text begin (1) one employee of the Department of Education with expertise in adult basic
education;
new text end

new text begin (2) five adult basic education administrators and teachers from local adult basic
education programs located in rural, suburban, and urban areas of the state, at least one of
whom represents the Literacy Action network;
new text end

new text begin (3) one employee of the Minnesota State Colleges and Universities with expertise
in adult basic education;
new text end

new text begin (4) one employee of the Department of Employment and Economic Development
with expertise in adult basic education and employment; and
new text end

new text begin (5) one member of the Minnesota Chamber of Commerce familiar with adult basic
education programs under Minnesota Statutes, section 124D.52.
new text end

new text begin (c) The commissioner of education must convene the task force. Task force
members are not eligible for compensation or reimbursement for expenses related to task
force activities. The commissioner, upon request, must provide technical assistance to
task force members.
new text end

new text begin (d) By February 1, 2014, the task force must submit its recommendations to the
commissioner of education for providing a standard adult high school diploma to persons
who are not eligible for kindergarten through grade 12 services, who do not have a
high school diploma, and who successfully complete an approved adult basic education
program of instruction necessary to earn an adult high school diploma. The commissioner
must consider these recommendations when adopting rules under Minnesota Statutes,
section 124D.52, subdivision 8.
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. 19. new text beginIMPLEMENTING DIFFERENTIATED GRADUATION RATE
MEASURES AND EXPLORING ALTERNATIVE ROUTES TO A STANDARD
DIPLOMA FOR AT-RISK AND OFF-TRACK STUDENTS.
new text end

new text begin (a) To implement the requirements of Minnesota Statutes, section 120B.35,
subdivision 3, paragraph (e), the commissioner of education must consult with recognized
and qualified experts and the stakeholders listed in paragraph (b) on improving
differentiated graduation rates and establishing alternative routes to a standard high school
diploma for at-risk and off-track students throughout the state. The commissioner must
consider and recommend to the legislature:
new text end

new text begin (1) research-based measures that demonstrate the relative success of school
districts, school sites, charter schools, and alternative program providers in improving the
graduation outcomes of at-risk and off-track students; and
new text end

new text begin (2) state options for establishing alternative routes to a standard diploma consistent
with the educational accountability system under Minnesota Statutes, chapter 120B.
new text end

new text begin When proposing alternative routes to a standard diploma, the commissioner also must
identify highly reliable variables that generate summary data to comply with Minnesota
Statutes, section 120B.35, subdivision 3, paragraph (e), including: who initiates the
request for an alternative route; who approves the request for an alternative route; the
parameters of the alternative route process, including whether a student first must fail a
regular, state-mandated exam; and the comparability of the academic and achievement
criteria reflected in the alternative route and the standard route for a standard diploma.
The commissioner is also encouraged to identify the data, timelines, and methods needed
to evaluate and report on the alternative routes to a standard diploma once they are
implemented and the student outcomes that result from those routes.
new text end

new text begin (b) Stakeholders to be consulted include persons from: state-approved alternative
programs; online programs; charter schools; school boards; teachers; metropolitan school
districts; rural educators; university and college faculty with expertise in serving and
assessing at-risk and off-track students; superintendents; high school principals; and
the public. The commissioner may seek input from other interested stakeholders and
organizations with expertise to help inform the commissioner.
new text end

new text begin (c) The commissioner, by February 15, 2014, must develop and submit to the
education policy and finance committees of the legislature recommendations and
legislation, consistent with this section and Minnesota Statutes, section 120B.35,
subdivision 3, paragraph (e), for:
new text end

new text begin (1) measuring and reporting differentiated graduation rates for at-risk and off-track
students throughout the state and the success and costs that school districts, school sites,
charter schools, and alternative program providers experience in identifying and serving
at-risk or off-track student populations; and
new text end

new text begin (2) establishing alternative routes to a standard diploma.
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 school report cards beginning July 1, 2015.
new text end

Sec. 20. new text beginAPPROPRIATIONS.
new text end

new text begin Subdivision 1. new text end

new text begin Minnesota Department of Education. new text end

new text begin The sums indicated in this
section are appropriated from the general fund to the Department of Education for the
fiscal years designated.
new text end

new text begin Subd. 2. new text end

new text begin College and career ready assessments. new text end

new text begin For the costs necessary for
school district and charter school students to participate in the required assessments under
section 10:
new text end

new text begin $
new text end
new text begin .......
new text end
new text begin .....
new text end
new text begin 2014
new text end
new text begin $
new text end
new text begin .......
new text end
new text begin .....
new text end
new text begin 2015
new text end

new text begin Any balance in the first year does not cancel but is available in the second year.
new text end

new text begin Subd. 3. new text end

new text begin Computer-adapted tests. new text end

new text begin For the development costs associated with
state-developed, computer-adapted tests under section 11:
new text end

new text begin $
new text end
new text begin .......
new text end
new text begin .....
new text end
new text begin 2014
new text end
new text begin $
new text end
new text begin .......
new text end
new text begin .....
new text end
new text begin 2015
new text end

new text begin Any balance in the first year does not cancel but is available in the second year.
new text end

new text begin Subd. 4. new text end

new text begin Request for proposals. new text end

new text begin For the costs associated with developing the
request for proposals for the assessments required under section 11, paragraph (d):
new text end

new text begin $
new text end
new text begin .......
new text end
new text begin .....
new text end
new text begin 2014
new text end
new text begin $
new text end
new text begin .......
new text end
new text begin .....
new text end
new text begin 2015
new text end

new text begin Any balance in the first year does not cancel but is available in the second year.
new text end

new text begin Subd. 5. new text end

new text begin Career Pathways and Technical Advisory Task Force. new text end

new text begin For the costs of
the Career Pathways Advisory Task Force under section 17:
new text end

new text begin $
new text end
new text begin .......
new text end
new text begin .....
new text end
new text begin 2014
new text end

new text begin Any balance in the fiscal year 2014 does not cancel but is available in the fiscal
year 2015.
new text end

Sec. 21. new text beginREVISOR'S INSTRUCTION.
new text end

new text begin The revisor of statutes shall renumber Minnesota Statutes, section 120B.023,
subdivision 2, as Minnesota Statutes, section 120B.021, subdivision 4. The revisor shall
make necessary cross-reference changes consistent with the renumbering.
new text end

Sec. 22. new text begin REPEALER.
new text end

new text begin (a) new text end new text begin Minnesota Rules, parts 3501.0505; 3501.0510; 3501.0515; 3501.0520;
3501.0525; 3501.0530; 3501.0535; 3501.0540; 3501.0545; and 3501.0550,
new text end new text begin are repealed.
new text end

new text begin (b) new text end new text begin Minnesota Rules, parts 3501.0010; 3501.0020; 3501.0030, subparts 1, 2, 3, 4,
5, 6, 7, 9, 10, 11, 12, 13, 14, 15, and 16; 3501.0040; 3501.0050; 3501.0060; 3501.0090;
3501.0100; 3501.0110; 3501.0120; 3501.0130; 3501.0140; 3501.0150; 3501.0160;
3501.0170; 3501.0180; 3501.0200; 3501.0210; 3501.0220; 3501.0230; 3501.0240;
3501.0250; 3501.0270; 3501.0280, subparts 1 and 2; 3501.0290; 3501.1000; 3501.1020;
3501.1030; 3501.1040; 3501.1050; 3501.1110; 3501.1120; 3501.1130; 3501.1140;
3501.1150; 3501.1160; 3501.1170; 3501.1180; and 3501.1190,
new text end new text begin are repealed.
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

ARTICLE 2

EDUCATORS

Section 1.

Minnesota Statutes 2012, section 122A.09, subdivision 4, is amended to read:


Subd. 4.

License and rules.

(a) The board must adopt rules to license public school
teachers and interns subject to chapter 14.

(b) The board must adopt rules requiring a personnew text begin until September 1, 2014,new text end to pass
a skills examination in reading, writing, and mathematics as a requirement for initial
teacher licensurenew text begin, except that the board may issue up to three temporary, one-year teaching
licenses to an otherwise qualified candidate who has not passed the skills exam at the time
the candidate successfully completes an approved teacher preparation program
new text end. Such
rules must require college and universities offering a board-approved teacher preparation
program to provide remedial assistance to persons who did not achieve a qualifying score
on the skills examination, including those for whom English is a second language.

(c) The board must adopt rules to approve teacher preparation programs. The board,
upon the request of a postsecondary student preparing for teacher licensure or a licensed
graduate of a teacher preparation program, shall assist in resolving a dispute between the
person and a postsecondary institution providing a teacher preparation program when the
dispute involves an institution's recommendation for licensure affecting the person or the
person's credentials. At the board's discretion, assistance may include the application
of chapter 14.

(d) The board must provide the leadership and adopt rules for the redesign of teacher
education programs to implement a research based, results-oriented curriculum that
focuses on the skills teachers need in order to be effective. The board shall implement new
systems of teacher preparation program evaluation to assure program effectiveness based
on proficiency of graduates in demonstrating attainment of program outcomes. Teacher
preparation programs including alternative teacher preparation programs under section
122A.245, among other programs, must include a content-specific, board-approved,
performance-based assessment that measures teacher candidates in three areas: planning
for instruction and assessment; engaging students and supporting learning; and assessing
student learning.

(e) The board must adopt rules requiring candidates for initial licenses to pass an
examination of general pedagogical knowledge and examinations of licensure-specific
teaching skills. The rules shall be effective by September 1, 2001. The rules under this
paragraph also must require candidates for initial licenses to teach prekindergarten or
elementary students to pass, as part of the examination of licensure-specific teaching
skills, test items assessing the candidates' knowledge, skill, and ability in comprehensive,
scientifically based reading instruction under section 122A.06, subdivision 4, and their
knowledge and understanding of the foundations of reading development, the development
of reading comprehension, and reading assessment and instruction, and their ability to
integrate that knowledge and understanding.

(f) The board must adopt rules requiring teacher educators to work directly with
elementary or secondary school teachers in elementary or secondary schools to obtain
periodic exposure to the elementary or secondary teaching environment.

(g) The board must grant licenses to interns and to candidates for initial licenses
based on appropriate professional competencies that are aligned with the board's licensing
system and students' diverse learning needs. The board must include these licenses in a
statewide differentiated licensing system that creates new leadership roles for successful
experienced teachers premised on a collaborative professional culture dedicated to meeting
students' diverse learning needs in the 21st century and formalizes mentoring and induction
for newly licensed teachers that is provided through a teacher support framework.

(h) The board must design and implement an assessment system which requires a
candidate for an initial license and first continuing license to demonstrate the abilities
necessary to perform selected, representative teaching tasks at appropriate levels.

(i) The board must receive recommendations from local committees as established
by the board for the renewal of teaching licenses.

(j) The board must grant life licenses to those who qualify according to requirements
established by the board, and suspend or revoke licenses pursuant to sections 122A.20 and
214.10. The board must not establish any expiration date for application for life licenses.

(k) The board must adopt rules that require all licensed teachers who are renewing
their continuing license to include in their renewal requirements further preparation in
the areas of using positive behavior interventions and in accommodating, modifying, and
adapting curricula, materials, and strategies to appropriately meet the needs of individual
students and ensure adequate progress toward the state's graduation rule.

(l) In adopting rules to license public school teachers who provide health-related
services for disabled children, the board shall adopt rules consistent with license or
registration requirements of the commissioner of health and the health-related boards who
license personnel who perform similar services outside of the school.

(m) The board must adopt rules that require all licensed teachers who are renewing
their continuing license to include in their renewal requirements further reading
preparation, consistent with section 122A.06, subdivision 4. The rules do not take effect
until they are approved by law. Teachers who do not provide direct instruction including, at
least, counselors, school psychologists, school nurses, school social workers, audiovisual
directors and coordinators, and recreation personnel are exempt from this section.

(n) The board must adopt rules that require all licensed teachers who are renewing
their continuing license to include in their renewal requirements further preparationnew text begin,
first,
new text end in understanding the key warning signs of early-onset mental illness in children
and adolescentsnew text begin and then, during subsequent licensure renewal periods, preparation may
include providing a more in-depth understanding of students' mental illness trauma,
accommodations for students' mental illness, parents' role in addressing students' mental
illness, Fetal Alcohol Spectrum Disorders, autism, the requirements of section 125A.0942
governing restrictive procedures, and de-escalation methods, among other similar topics
new text end.

new text begin EFFECTIVE DATE. new text end

new text begin Paragraph (b) is effective the day following final enactment.
Paragraph (n) is effective August 1, 2014.
new text end

Sec. 2.

Minnesota Statutes 2012, section 122A.14, subdivision 1, is amended to read:


Subdivision 1.

Licensing.

new text begin(a) new text endThe board shall license school administrators. The
board shall adopt rules to license school administrators under chapter 14. Other than the
rules transferred to the board under section 122A.18, subdivision 4, the board may not
adopt or amend rules under this section until the rules are approved by law. The rules shall
include the licensing of persons who have successfully completed alternative preparation
programs under section 122A.27 or other alternative competency-based preparation
programs. The board may enter into agreements with the Board of Teaching regarding
multiple license matters.

new text begin (b) The board must issue a special education director's license to a qualified
candidate licensed as a school psychologist, school speech and language pathologist, or
school social worker who has experience in public schools working with eligible children
with disabilities, their parents and families, and licensed special education teachers,
regardless of whether or not the candidate has teaching experience or a teaching license.
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. 3.

Minnesota Statutes 2012, 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 boardnew text begin, until September 1, 2014,new text end must require a person to pass 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 programsnew text begin, except that the board may issue up to three temporary,
one-year teaching licenses to an otherwise qualified candidate who has not passed the skills
exam at the time the candidate successfully completes an approved teacher preparation
program
new text end. The board must require colleges and universities offering a board approved
teacher preparation program to deleted text beginprovidedeleted text endnew text begin make available upon requestnew text end 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, including those for whom
English is a second language. The colleges and universities must deleted text beginprovidedeleted text endnew text begin make available
new text end assistance in the specific academic areas of deficiency in which the person did not achieve
a qualifying score. new text beginSchool districts may make available upon request similar, appropriate,
and timely remedial assistance that includes a formal diagnostic component to those
persons employed by the district who completed their teacher education program, who did
not achieve a qualifying score on the skills examination, including those persons for whom
English is a second language and persons under section 122A.23, subdivision 2, paragraph
(h), who completed their teacher's education program outside the state of Minnesota,
and who received a temporary license to teach in Minnesota.
new text endThe 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) new text beginA person who has completed an approved teacher preparation program and has
been issued three temporary, one-year teaching licenses, but has not passed the skills exam,
may have the board renew the temporary license if the school district employing the licensee
requests that the licensee continue to teach for that district under a temporary license.
new text end

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

deleted text begin (d)deleted text endnew text begin (e)new text end 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 (f) Notwithstanding this subdivision or other law to the contrary, beginning
September 1, 2014, a teacher is not required to pass an examination of skills in reading,
writing, and mathematics before the board grants the teacher an initial teaching license to
provide direct instruction to pupils in prekindergarten, elementary, secondary, or special
education programs.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section, except paragraph (f), is effective the day
following final enactment. Paragraph (f) is effective beginning September 1, 2014.
new text end

Sec. 4.

Minnesota Statutes 2012, section 122A.23, subdivision 2, is amended to read:


Subd. 2.

Applicants licensed in other states.

(a) Subject to the requirements of
sections 122A.18, subdivision 8, and 123B.03, the Board of Teaching must issue a teaching
license or a temporary teaching license under paragraphs (b) to (e) to an applicant who holds
at least a baccalaureate degree from a regionally accredited college or university and holds
or held a similar out-of-state teaching license that requires the applicant to successfully
complete a teacher preparation program approved by the issuing state, which includes
field-specific teaching methods and student teaching or essentially equivalent experience.

(b) The Board of Teaching must issue a teaching license to an applicant who:

(1) successfully completed all exams and human relations preparation components
required by the Board of Teaching; and

(2) holds or held an out-of-state teaching license to teach the same content field and
grade levels if the scope of the out-of-state license is no more than one grade level less
than a similar Minnesota license.

(c) The Board of Teaching, consistent with board rules and paragraph (h), must
issue up to three one-year temporary teaching licenses to an applicant who holds or held
an out-of-state teaching license to teach the same content field and grade levels, where
the scope of the out-of-state license is no more than one grade level less than a similar
Minnesota license, but has not successfully completed all exams and human relations
preparation components required by the Board of Teaching.

(d) The Board of Teaching, consistent with board rules, must issue up to three
one-year temporary teaching licenses to an applicant who:

(1) successfully completed all exams and human relations preparation components
required by the Board of Teaching; and

(2) holds or held an out-of-state teaching license to teach the same content field
and grade levels, where the scope of the out-of-state license is no more than one grade
level less than a similar Minnesota license, but has not completed field-specific teaching
methods or student teaching or equivalent experience.

The applicant may complete field-specific teaching methods and student teaching
or equivalent experience by successfully participating in a one-year school district
mentorship program consistent with board-adopted standards of effective practice and
Minnesota graduation requirements.

(e) The Board of Teaching must issue a temporary teaching license for a term of
up to three years only in the content field or grade levels specified in the out-of-state
license to an applicant who:

(1) successfully completed all exams and human relations preparation components
required by the Board of Teaching; and

(2) holds or held an out-of-state teaching license where the out-of-state license is
more limited in the content field or grade levels than a similar Minnesota license.

(f) The Board of Teaching must not issue to an applicant more than three one-year
temporary teaching licenses under this subdivision.

(g) The Board of Teaching must not issue a license under this subdivision if the
applicant has not attained the additional degrees, credentials, or licenses required in a
particular licensure field.

(h) deleted text beginThe Board of Teaching must requiredeleted text endnew text begin Until September 1, 2014,new text end an applicant
for a teaching license or a temporary teaching license under this subdivision deleted text begintodeleted text endnew text begin must
new text end pass a skills examination in reading, writing, and mathematics before the board issues
the new text beginapplicant a continuing teaching new text endlicense.new text begin Consistent with section 122A.18, subdivision
2, paragraph (c), and notwithstanding other provisions of this subdivision, the board
may issue up to three temporary, one-year teaching licenses to an otherwise qualified
applicant who has not passed the skills exam and the board may renew this temporary
license if the school district employing the applicant requests that the applicant continue
to teach for that district under a temporary license. Notwithstanding this subdivision or
other law to the contrary, beginning September 1, 2014, a teacher is not required to pass
an examination of skills in reading, writing, and mathematics before the board grants the
teacher a continuing license to provide direct instruction to pupils in prekindergarten,
elementary, secondary, or special education programs.
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 2012, section 122A.28, subdivision 1, is amended to read:


Subdivision 1.

K-12 license to teach deaf and hard-of-hearing studentsnew text begin;
relicensure
new text end.

new text begin(a) new text endThe Board of Teaching must review and determine appropriate licensure
requirements for a candidate for a license or an applicant for a continuing license to teach
deaf and hard-of-hearing students in prekindergarten through grade 12. In addition to
other requirements, a candidate must demonstrate the minimum level of proficiency in
American sign language as determined by the board.

new text begin (b) Among other relicensure requirements, each teacher under this section must
complete 30 continuing education clock hours on hearing loss topics, including American
Sign Language, American Sign Language linguistics, or deaf culture, in each licensure
renewal period.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2013.
new text end

Sec. 6.

Minnesota Statutes 2012, section 122A.33, subdivision 3, is amended to read:


Subd. 3.

Notice of nonrenewal; opportunity to respond.

A school board that
declines to renew the coaching contract of a licensed or nonlicensed head varsity coach
must notify the coach within 14 days of that decision. If the coach requests reasons for not
renewing the coaching contract, the board must give the coach its reasons in writing within
ten days of receiving the request. new text beginThe existence of parent complaints must not be the sole
reason for a board to not renew a coaching contract.
new text endUpon request, the board must provide
the coach with a reasonable opportunity to respond to the reasons at a board meeting. The
hearing may be opened or closed at the election of the coach unless the board closes the
meeting under section 13D.05, subdivision 2, to discuss private data.

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 beginTEACHER LICENSURE ADVISORY TASK FORCE.
new text end

new text begin (a) A Teacher Licensure Advisory Task Force is established to make
recommendations to the Board of Teaching, the education commissioner, and the education
committees of the legislature on requirements for: teacher applicants to demonstrate
mastery of basic reading, writing, and mathematics skills through nationally normed
assessments, a basic skills portfolio, or accredited college coursework, among other
methods of demonstrating basic skills mastery; and an alternative licensure pathway for
nonnative English speakers seeking licensure to teach in a language immersion program.
new text end

new text begin (b) Task force recommendations on how teacher candidates demonstrate basic skills
mastery must encompass the following criteria:
new text end

new text begin (1) assessment content must be relevant to the teacher's subject area licensure;
new text end

new text begin (2) the scope of assessment content must be documented in sufficient detail to
correspond to a similarly detailed description of relevant public school curriculum;
new text end

new text begin (3) the scope of assessment content must be publicly available and readily accessible
on the Web site of the Board of Teaching and all Minnesota public teacher preparation
programs and institutions;
new text end

new text begin (4) the Board of Teaching and all Minnesota public teacher preparation programs
and institutions, upon request, must make available to the public at cost a written review
of the scope of assessment content;
new text end

new text begin (5) if applicable, the Board of Teaching and all Minnesota public teacher preparation
programs and institutions annually must post on their Web site up-to-date longitudinal
summary data showing teacher candidates' overall passing rate and the passing rate for
each demographic group of teacher candidates taking a basic skills assessment in that
school year and in previous school years;
new text end

new text begin (6) reliable evidence showing assessment content is not culturally biased;
new text end

new text begin (7) the Board of Teaching and all Minnesota public teacher preparation programs
and institutions must appropriately accommodate teacher candidates with documented
learning disabilities; and
new text end

new text begin (8) if applicable, give timely, detailed feedback to teacher candidates who do not
pass the basic skills assessment sufficient for the candidate to target specific areas of
deficiency for appropriate remediation.
new text end

new text begin (c) The Teacher Licensure Advisory Task Force shall be composed of the following
members:
new text end

new text begin (1) two members of the Board of Teaching appointed by the board's executive
director;
new text end

new text begin (2) two representatives from the Department of Education appointed by the
commissioner of education;
new text end

new text begin (3) two house members appointed by the speaker of the house, one from the minority
party and one from the majority party;
new text end

new text begin (4) two state senators appointed by the senate rules committee, one from the
minority party and one from the majority party;
new text end

new text begin (5) one elementary school principal from rural Minnesota appointed by the
Minnesota Elementary School Principals Association and one secondary school principal
from the seven-county metropolitan area appointed by the Minnesota Secondary School
Principals Association;
new text end

new text begin (6) one licensed and practicing public elementary school teacher and one licensed
and practicing secondary school teacher appointed by Education Minnesota;
new text end

new text begin (7) one teacher preparation faculty member each from the University of Minnesota
system appointed by the system president, the Minnesota State Colleges and Universities
system appointed by the system chancellor, and the Minnesota Private Colleges and
Universities system appointed by the Minnesota Private Colleges Council;
new text end

new text begin (8) one member of the Nonpublic Education Council appointed by the council; and
new text end

new text begin (9) one representative of Minnesota charter schools appointed by the Minnesota
Charter Schools Association.
new text end

new text begin (d) The executive director of the Board of Teaching and the commissioner of
education jointly must convene the task force by August 1, 2013. Task force members
are not eligible for compensation or reimbursement for expenses related to task force
activities. The executive director of the board and the commissioner of education must
provide technical assistance to task force members upon request.
new text end

new text begin (e) By February 1, 2014, task force members must submit to the Board of Teaching,
the education commissioner, and the education committees of the legislature their written
recommendations on requirements for teacher applicants to demonstrate mastery of basic
reading, writing, and mathematics skills and for an alternative licensure pathway for
nonnative English speakers seeking licensure to teach in a language immersion program.
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. 8. new text beginSTUDENT SERVICES PERSONNEL TEAM STAFFING GRANTS.
new text end

new text begin Subdivision 1. new text end

new text begin Grant program established. new text end

new text begin A grant program is established to assist
school districts with caseloads above the established and recognized recommendations
or guidelines of the student service personnel professions in licensed school counseling,
school psychology, school nursing, school social work, and chemical dependency
counseling. Grants must be used to create or maintain student service personnel teams
to address the academic, career, personal, social, and early-onset mental health needs of
the students within that district.
new text end

new text begin Subd. 2. new text end

new text begin Definitions. new text end

new text begin "Student services personnel team" means a licensed school
counselor, school psychologist, school nurse, school social worker, and chemical
dependency counselor licensed by the Board of Teaching to provide such services.
new text end

new text begin Subd. 3. new text end

new text begin Application. new text end

new text begin The commissioner of education shall develop the form
and method for applying for the grants. The commissioner shall develop criteria for
determining the allocation of the grants. This criteria must include priority funding
directed to school districts in which student service personnel teams either (1) do not exist,
(2) need missing or additional positions of a specific student service personnel team to
complete the team, (3) are not normally funded or reimbursed by other sources, or (4) have
caseloads among specific team members in excess of 50 percent of the established and
recognized recommendations or guidelines of the profession.
new text end

new text begin new text end

new text begin Subd. 4. new text end

new text begin Grant awards. new text end

new text begin To qualify for a grant, each student services personnel
team member must serve within the scope and practice of the established and recognized
capacity of their respective professions and as defined by the Board of Teaching. Grants
for the student services personnel team shall be used to lower the caseloads for specific
team member areas in order to more effectively provide direct services to kindergarten
through grade 12 students. Grant funding under this section must be matched by new
funding for the student services personnel team from the school district. The school
district must provide the additional funding for a two-year period or repay the grant to the
Department of Education.
new text end

new text begin Subd. 5. new text end

new text begin Reports. new text end

new text begin School districts that receive grant funds shall report to the
commissioner of education no later than July 31 of each year regarding the impact of the
student services personnel team on the academic, career, personal, social, and early-onset
mental health needs of the students served by the team during the previous academic year.
The Department of Education shall develop the criteria necessary for the reports.
new text end

Sec. 9. new text beginAPPROPRIATION.
new text end

new text begin Subdivision 1. new text end

new text begin Department of Education. new text end

new text begin The sums indicated in this section are
appropriated from the general fund to the Department of Education for the fiscal years
designated.
new text end

new text begin Subd. 2. new text end

new text begin Student services grants. new text end

new text begin For student services personnel team staffing
grants under section 8:
new text end

new text begin $
new text end
new text begin 20,000,000
new text end
new text begin .....
new text end
new text begin 2014
new text end
new text begin $
new text end
new text begin 20,000,000
new text end
new text begin .....
new text end
new text begin 2015
new text end

new text begin Any balance in the first year does not cancel, but is available in the second year.
new text end

ARTICLE 3

SCHOOL PROGRAMS AND OPERATIONS

Section 1.

Minnesota Statutes 2012, section 120A.40, is amended to read:


120A.40 SCHOOL CALENDAR.

deleted text begin (a) Except for learning programs during summer, flexible learning year programs
authorized under sections 124D.12 to 124D.127, and learning year programs under section
124D.128,
deleted text end A district deleted text beginmust notdeleted text endnew text begin maynew text end commence an elementary or secondary school year
before Labor Day, except deleted text beginas provided under paragraph (b)deleted text endnew text begin it shall not hold a school day on
the Thursday and Friday immediately preceding Labor Day
new text end. Days devoted to teachers'
workshops may be held before Labor Day. Districts that enter into cooperative agreements
are encouraged to adopt similar school calendars.

deleted text begin (b) A district may begin the school year on any day before Labor Day:
deleted text end

deleted text begin (1) to accommodate a construction or remodeling project of $400,000 or more
affecting a district school facility;
deleted text end

deleted text begin (2) if the district has an agreement under section 123A.30, 123A.32, or 123A.35
with a district that qualifies under clause (1); or
deleted text end

deleted text begin (3) if the district agrees to the same schedule with a school district in an adjoining
state.
deleted text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for the 2013-2014 school year and
later.
new text end

Sec. 2.

Minnesota Statutes 2012, section 120A.41, is amended to read:


120A.41 LENGTH OF SCHOOL YEAR; HOURS OF INSTRUCTION.

A school board's annual school calendar must include at least 425 hours of
instruction for a kindergarten student without a disability, 935 hours of instruction for a
student in grades 1 though 6, and 1,020 hours of instruction for a student in grades 7
though 12, not including summer school. deleted text beginNothing in this section permits a school district
to adopt
deleted text endnew text begin A school board's annual calendar must include at least 165 days of instruction
for a student in grades 1 through 11 unless
new text end a four-day week schedule deleted text beginunlessdeleted text endnew text begin has been
new text end approved by the commissioner under section 124D.126.

Sec. 3.

Minnesota Statutes 2012, section 121A.22, subdivision 2, is amended to read:


Subd. 2.

Exclusions.

In addition, this section does not apply to drugs or medicine
that are:

(1) purchased without a prescription;

(2) used by a pupil who is 18 years old or older;

(3) used in connection with services for which a minor may give effective consent,
including section 144.343, subdivision 1, and any other law;

(4) used in situations in which, in the judgment of the school personnel who are
present or available, the risk to the pupil's life or health is of such a nature that drugs or
medicine should be given without delay;

(5) used off the school grounds;

(6) used in connection with athletics or extra curricular activities;

(7) used in connection with activities that occur before or after the regular school day;

(8) provided or administered by a public health agency to prevent or control an
illness or a disease outbreak as provided for in sections 144.05 and 144.12;

(9) prescription asthma or reactive airway disease medications self-administered by
a pupil with an asthma inhaler if the district has received a written authorization from the
pupil's parent permitting the pupil to self-administer the medication, the inhaler is properly
labeled for that student, and the parent has not requested school personnel to administer
the medication to the pupil. The parent must submit written authorization for the pupil to
self-administer the medication each school year; or

(10) deleted text beginprescription nonsyringe injectors ofdeleted text end epinephrinenew text begin auto-injectorsnew text end, consistent with
section 121A.2205, if the parent and prescribing medical professional annually inform the
pupil's school in writing that (i) the pupil may possess the epinephrine or (ii) the pupil is
unable to possess the epinephrine and requires immediate access to deleted text beginnonsyringe injectors
of
deleted text end epinephrine new text beginauto-injectors new text endthat the parent provides properly labeled to the school for
the pupil as needednew text begin, or consistent with section 121A.2207new text end.

Sec. 4.

Minnesota Statutes 2012, section 121A.2205, is amended to read:


121A.2205 POSSESSION AND USE OF deleted text beginNONSYRINGE INJECTORS OF
deleted text end EPINEPHRINEnew text begin AUTO-INJECTORSnew text end; MODEL POLICY.

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin As used in this section:
new text end

new text begin (1) "administer" means the direct application of an epinephrine auto-injector to
the body of an individual;
new text end

new text begin (2) "epinephrine auto-injector" means a device that automatically injects a
premeasured dose of epinephrine; and
new text end

new text begin (3) "school" means a public school under section 120A.22, subdivision 4, or a
nonpublic school, excluding a home school, under section 120A.22, subdivision 4, that
is subject to the federal Americans with Disabilities Act.
new text end

new text begin Subd. 2. new text end

new text begin Plan for use of epinephrine auto-injectors. new text end

(a) At the start of each school
year or at the time a student enrolls in school, whichever is first, a student's parent, school
staff, including those responsible for student health care, and the prescribing medical
professional must develop and implement an individualized written health plan for a
student who is prescribed deleted text beginnonsyringe injectors ofdeleted text end epinephrine new text beginauto-injectors new text endthat enables
the student to:

(1) possess deleted text beginnonsyringe injectors ofdeleted text end epinephrinenew text begin auto-injectorsnew text end; or

(2) if the parent and prescribing medical professional determine the student is unable
to possess the epinephrine, have immediate access to deleted text beginnonsyringe injectors ofdeleted text end epinephrine
new text beginauto-injectors new text endin close proximity to the student at all times during the instructional day.

The plan must designate the school staff responsible for implementing the student's
health plan, including recognizing anaphylaxis and administering deleted text beginnonsyringe injectors of
deleted text end epinephrine new text beginauto-injectors new text endwhen required, consistent with section 121A.22, subdivision 2,
clause (10). This health plan may be included in a student's 504 plan.

(b) deleted text beginA school under this section is a public school under section 120A.22, subdivision
4
, or a nonpublic school, excluding a home school, under section 120A.22, subdivision 4,
that is subject to the federal Americans with Disabilities Act.
deleted text end Other nonpublic schools are
encouraged to develop and implement an individualized written health plan for students
requiring deleted text beginnonsyringe injectors ofdeleted text end epinephrinenew text begin auto-injectorsnew text end, consistent with this section
and section 121A.22, subdivision 2, clause (10).

(c) A school district and its agents and employees are immune from liability for any
act or failure to act, made in good faith, in implementing this section.

(d) The education commissioner may develop and transmit to interested schools a
model policy and individualized health plan form consistent with this section and federal
504 plan requirements. The policy and form may:

(1) assess a student's ability to safely possess deleted text beginnonsyringe injectors ofdeleted text end epinephrine
new text begin auto-injectorsnew text end;

(2) identify staff training needs related to recognizing anaphylaxis and administering
epinephrine when needed;

(3) accommodate a student's need to possess or have immediate access to deleted text beginnonsyringe
injectors of
deleted text end epinephrine new text beginauto-injectors new text endin close proximity to the student at all times during
the instructional day; and

(4) ensure that the student's parent provides properly labeled deleted text beginnonsyringe injectors of
deleted text endepinephrine new text beginauto-injectors new text endto the school for the student as needed.

(e) Additional deleted text beginnonsyringe injectors ofdeleted text end epinephrinenew text begin auto-injectorsnew text end may be available in
school first aid kits.

(f) The school board of the school district must define instructional day for the
purposes of this section.

Sec. 5.

new text begin [121A.2207] LIFE-THREATENING ALLERGIES IN SCHOOLS;
GUIDELINES; STOCK SUPPLY OF EPINEPHRINE AUTO-INJECTORS;
EMERGENCY ADMINISTRATION.
new text end

new text begin Subdivision 1. new text end

new text begin Districts and schools permitted to maintain supply. new text end

new text begin (a)
Notwithstanding section 151.37, districts and schools may obtain and possess epinephrine
auto-injectors to be maintained and administered according to this section. A district or
school may maintain a stock supply of epinephrine auto-injectors.
new text end

new text begin (b) For purposes of this section, "district" means a district as defined under section
121A.41, subdivision 3, or a school site or facility within the district, and "school" means
a charter school as defined under section 124D.10.
new text end

new text begin Subd. 2. new text end

new text begin Use of supply. new text end

new text begin (a) A district or school may authorize school nurses and
other designated school personnel trained under this section to administer an epinephrine
auto-injector to any student or other individual based on guidelines under subdivision 4,
regardless of whether the student or other individual has a prescription for an epinephrine
auto-injector if:
new text end

new text begin (1) the school nurse or designated person believes in good faith that an individual
is experiencing anaphylaxis; and
new text end

new text begin (2) the person experiencing anaphylaxis is on school premises or off school premises
at a school-sponsored event.
new text end

new text begin (b) The administration of an epinephrine auto-injector in accordance with this
section is not the practice of medicine.
new text end

new text begin Subd. 3. new text end

new text begin Arrangements with manufacturers. new text end

new text begin A district or school may enter into
arrangements with manufacturers of epinephrine auto-injectors to obtain epinephrine
auto-injectors at fair-market, free, or reduced prices. A third party, other than a
manufacturer or supplier, may pay for a school's supply of epinephrine auto-injectors.
new text end

new text begin Subd. 4. new text end

new text begin District and school policies required for use of epinephrine
auto-injector.
new text end

new text begin A district or school permitting administration of epinephrine auto-injectors
pursuant to subdivision 2 shall develop guidelines in a manner consistent with section
121A.22, subdivision 4, and plan for implementation of the guidelines, which shall
include: (1) annual education and training for designated school personnel on the
management of students with life-threatening allergies, including training related to
the administration of an epinephrine auto-injector; (2) procedures for identification of
anaphylaxis and responding to life-threatening allergic reactions; and (3) a plan to ensure
that epinephrine auto-injectors maintained at the school are not expired. In developing the
guidelines, the district or school must consider applicable model rules and include input
from interested community stakeholders. The guidelines must include a requirement to call
emergency medical services and inform the individual's parent, guardian, or emergency
contact when an epinephrine auto-injector is administered. Each district and school shall
make the guidelines and plan available on its Web site, or if such Web sites do not exist,
make the plan publicly available through other practicable means as determined by the
district or school. Upon request, a printed copy of the guidelines and plan must be made
available at no charge. Each district and school shall maintain a log of each incident at a
school or related school event involving the administration of an epinephrine auto-injector.
new text end

Sec. 6.

Minnesota Statutes 2012, section 123B.88, subdivision 22, is amended to read:


Subd. 22.

Postsecondary enrollment options pupils.

Districts may provide bus
transportation along school bus routes when space is available, for pupils attending
programs at a postsecondary institution under the postsecondary enrollment options
program. deleted text beginThe transportation is permitted only if it does not increase the district's
expenditures for transportation.
deleted text end Fees collected for this service under section 123B.36,
subdivision 1
, paragraph (13), shall be subtracted from the authorized cost for nonregular
transportation for the purpose of section 123B.92.new text begin A school district may provide
transportation for a pupil participating in an articulated program operated under an
agreement between the school district and the postsecondary institution.
new text end

Sec. 7.

Minnesota Statutes 2012, section 123B.92, subdivision 1, is amended to read:


Subdivision 1.

Definitions.

For purposes of this section and section 125A.76, the
terms defined in this subdivision have the meanings given to them.

(a) "Actual expenditure per pupil transported in the regular and excess transportation
categories" means the quotient obtained by dividing:

(1) the sum of:

(i) all expenditures for transportation in the regular category, as defined in paragraph
(b), clause (1), and the excess category, as defined in paragraph (b), clause (2), plus

(ii) an amount equal to one year's depreciation on the district's school bus fleet
and mobile units computed on a straight line basis at the rate of 15 percent per year for
districts operating a program under section 124D.128 for grades 1 to 12 for all students in
the district and 12-1/2 percent per year for other districts of the cost of the fleet, plus

(iii) an amount equal to one year's depreciation on the district's type III vehicles, as
defined in section 169.011, subdivision 71, which must be used a majority of the time for
pupil transportation purposes, computed on a straight line basis at the rate of 20 percent
per year of the cost of the type three school buses by:

(2) the number of pupils eligible for transportation in the regular category, as defined
in paragraph (b), clause (1), and the excess category, as defined in paragraph (b), clause (2).

(b) "Transportation category" means a category of transportation service provided to
pupils as follows:

(1) Regular transportation is:

(i) transportation to and from school during the regular school year for resident
elementary pupils residing one mile or more from the public or nonpublic school they
attend, and resident secondary pupils residing two miles or more from the public
or nonpublic school they attend, excluding desegregation transportation and noon
kindergarten transportation; but with respect to transportation of pupils to and from
nonpublic schools, only to the extent permitted by sections 123B.84 to 123B.87;

(ii) transportation of resident pupils to and from language immersion programs;

(iii) transportation of a pupil who is a custodial parent and that pupil's child between
the pupil's home and the child care provider and between the provider and the school, if
the home and provider are within the attendance area of the school;

(iv) transportation to and from or board and lodging in another district, of resident
pupils of a district without a secondary school; and

(v) transportation to and from school during the regular school year required under
subdivision 3 for nonresident elementary pupils when the distance from the attendance
area border to the public school is one mile or more, and for nonresident secondary pupils
when the distance from the attendance area border to the public school is two miles or
more, excluding desegregation transportation and noon kindergarten transportation.

For the purposes of this paragraph, a district may designate a licensed day care facility,
school day care facility, respite care facility, the residence of a relative, or the residence
of a person or other location chosen by the pupil's parent or guardian, or an after-school
program for children operated by a political subdivision of the state, as the home of a pupil
for part or all of the day, if requested by the pupil's parent or guardian, and if that facility,
residence, or program is within the attendance area of the school the pupil attends.

(2) Excess transportation is:

(i) transportation to and from school during the regular school year for resident
secondary pupils residing at least one mile but less than two miles from the public or
nonpublic school they attend, and transportation to and from school for resident pupils
residing less than one mile from school who are transported because of full-service school
zones, extraordinary traffic, drug, or crime hazards; and

(ii) transportation to and from school during the regular school year required under
subdivision 3 for nonresident secondary pupils when the distance from the attendance area
border to the school is at least one mile but less than two miles from the public school
they attend, and for nonresident pupils when the distance from the attendance area border
to the school is less than one mile from the school and who are transported because of
full-service school zones, extraordinary traffic, drug, or crime hazards.

(3) Desegregation transportation is transportation within and outside of the district
during the regular school year of pupils to and from schools located outside their normal
attendance areas under a plan for desegregation mandated by the commissioner or under
court order.

(4) "Transportation services for pupils with disabilities" is:

(i) transportation of pupils with disabilities who cannot be transported on a regular
school bus between home or a respite care facility and school;

(ii) necessary transportation of pupils with disabilities from home or from school to
other buildings, including centers such as developmental achievement centers, hospitals,
and treatment centers where special instruction or services required by sections 125A.03
to 125A.24, 125A.26 to 125A.48, and 125A.65 are provided, within or outside the district
where services are provided;

(iii) necessary transportation for resident pupils with disabilities required by sections
125A.12, and 125A.26 to 125A.48;

(iv) board and lodging for pupils with disabilities in a district maintaining special
classes;

(v) transportation from one educational facility to another within the district for
resident pupils enrolled on a shared-time basis in educational programs, and necessary
transportation required by sections 125A.18, and 125A.26 to 125A.48, for resident pupils
with disabilities who are provided special instruction and services on a shared-time basis
or if resident pupils are not transported, the costs of necessary travel between public
and private schools or neutral instructional sites by essential personnel employed by the
district's program for children with a disability;

(vi) transportation for resident pupils with disabilities to and from board and lodging
facilities when the pupil is boarded and lodged for educational purposes;

(vii) transportation of pupils for a curricular field trip activity on a school bus
equipped with a power lift when the power lift is required by a student's disability or
section 504 plan; and

(viii) services described in clauses (i) to (vii), when provided for pupils with
disabilities in conjunction with a summer instructional program that relates to the
pupil's individualized education program or in conjunction with a learning year program
established under section 124D.128.

For purposes of computing special education initial aid under section 125A.76,
subdivision 2
, the cost of providing transportation for children with disabilities includes
(A) the additional cost of transporting a homeless student from a temporary nonshelter
home in another district to the school of origin, or a formerly homeless student from a
permanent home in another district to the school of origin but only through the end of
the academic year; and (B) depreciation on district-owned school buses purchased after
July 1, 2005, and used primarily for transportation of pupils with disabilities, calculated
according to paragraph (a), clauses (ii) and (iii). Depreciation costs included in the
disabled transportation category must be excluded in calculating the actual expenditure
per pupil transported in the regular and excess transportation categories according to
paragraph (a).new text begin For purposes of subitem (A), a school district may transport a child who
does not have a school of origin to the same school attended by that child's sibling, if
the siblings are homeless.
new text end

(5) "Nonpublic nonregular transportation" is:

(i) transportation from one educational facility to another within the district for
resident pupils enrolled on a shared-time basis in educational programs, excluding
transportation for nonpublic pupils with disabilities under clause (4);

(ii) transportation within district boundaries between a nonpublic school and a
public school or a neutral site for nonpublic school pupils who are provided pupil support
services pursuant to section 123B.44; and

(iii) late transportation home from school or between schools within a district for
nonpublic school pupils involved in after-school activities.

(c) "Mobile unit" means a vehicle or trailer designed to provide facilities for
educational programs and services, including diagnostic testing, guidance and counseling
services, and health services. A mobile unit located off nonpublic school premises is a
neutral site as defined in section 123B.41, subdivision 13.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2013.
new text end

Sec. 8.

Minnesota Statutes 2012, section 124D.122, is amended to read:


124D.122 ESTABLISHMENT OF FLEXIBLE LEARNING YEAR PROGRAM.

The board of any districtnew text begin or a consortium of districtsnew text end, with the approval of the
commissioner, may establish and operate a flexible learning year program in one or
more of the day or residential facilities for children with a disability within the district.
new text begin Consortiums may use a single application and evaluation process, though results, public
hearings, and board approvals must be obtained for each district.
new text end

Sec. 9.

Minnesota Statutes 2012, section 124D.59, subdivision 2, is amended to read:


Subd. 2.

English learner.

(a) "English learner" means a pupil in kindergarten
through grade 12 who meets the following requirements:

(1) the pupil, as declared by a parent or guardian first learned a language other than
English, comes from a home where the language usually spoken is other than English, or
usually speaks a language other than English; and

(2) the pupil is determined by developmentally appropriate measures, which might
include observations, teacher judgment, parent recommendations, or developmentally
appropriate assessment instruments new text beginthat measure the pupil's emerging academic English
and are aligned to state standards for English language development defined in rule
new text end, to
lack the necessary English skills to participate fully in classes taught in English.

(b) Notwithstanding paragraph (a), a pupil in grades 4 through 12 who was enrolled
in a Minnesota public school on the dates during the previous school year when a
commissioner provided assessment that measures the pupil's emerging academic English
was administered, shall not be counted as an English learner in calculating English learner
pupil units under section 126C.05, subdivision 17, and shall not generate state English
learner aid under section 124D.65, subdivision 5, unless the pupil scored below the state
cutoff score or is otherwise counted as a nonproficient participant on an assessment
measuring emerging academic English provided by the commissioner during the previous
school year.

(c) Notwithstanding paragraphs (a) and (b), a pupil in kindergarten through grade
12 shall not be counted as an English learner in calculating English learner pupil units
under section 126C.05, subdivision 17, and shall not generate state English learner aid
under section 124D.65, subdivision 5, if:

(1) the pupil is not enrolled during the current fiscal year in an educational program
for English learners in accordance with sections 124D.58 to 124D.64; or

(2) the pupil has generated deleted text beginfivedeleted text endnew text begin sevennew text end or more years of average daily membership in
Minnesota public schools since July 1, 1996.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for revenue for fiscal year 2014
and later.
new text end

Sec. 10.

Minnesota Statutes 2012, section 124D.61, is amended to read:


124D.61 GENERAL REQUIREMENTS FOR PROGRAMS.

A district that enrolls one or more English learners must implement an educational
program that includes at a minimum the following requirements:

(1) identificationnew text begin, program entrance,new text end and reclassification criteria for English learners
and program entrance and exit criteria for English learners must be documented by the
district, applied uniformly to English learners, and made available to parents and other
stakeholders upon request;

(2) a written plan of services that describes programming by English proficiency level
made available to parents upon request. The plan must articulate the amount and scope of
service offered to English learners through an educational program for English learners;

(3) professional development opportunities for ESL, bilingual education,
mainstream, and all staff working with English learners which are: (i) coordinated with
the district's professional development activities; (ii) related to the needs of English
learners; and (iii) ongoing;

(4) to the extent possible, avoid isolating English learners for a substantial part of
the school day; and

(5) in predominantly nonverbal subjects, such as art, music, and physical education,
permit English learners to participate fully and on an equal basis with their contemporaries
in public school classes provided for these subjects. To the extent possible, the district
must assure to pupils enrolled in a program for English learners an equal and meaningful
opportunity to participate fully with other pupils in all extracurricular activities.

new text begin The exit criteria under clause (1) must be equivalent to the emerging academic English
measures on state assessments for English language development.
new text end

Sec. 11.

Minnesota Statutes 2012, section 124D.79, subdivision 1, is amended to read:


Subdivision 1.

Community involvement.

The commissioner must provide for the
maximum involvement of the state committees on American Indian education, parents
of American Indian children, secondary students eligible to be served, American Indian
language and culture education teachers, American Indian teachers, teachers' aides,
representatives of community groups, and persons knowledgeable in the field of American
Indian education, in the formulation of policy and procedures relating to the administration
of sections 124D.71 to 124D.82.new text begin The commissioner must annually hold a field hearing on
American Indian education to gather input from American Indian educators, parents, and
students on the state of American Indian education in Minnesota. Results of the hearing
must be made available to all 11 tribal nations for review and comment.
new text end

Sec. 12.

Minnesota Statutes 2012, section 124D.79, is amended by adding a
subdivision to read:


new text begin Subd. 4. new text end

new text begin Consultation with the Tribal Nations Education Committee. new text end

new text begin (a) The
commissioner shall seek consultation with the Tribal Nations Education Committee on all
issues relating to American Indian education including:
new text end

new text begin (1) administration of the commissioner's duties under sections 124D.71 to 124D.82
and other programs;
new text end

new text begin (2) administration of other programs for the education of American Indian people, as
determined by the commissioner;
new text end

new text begin (3) awarding of scholarships to eligible American Indian students;
new text end

new text begin (4) administration of the commissioner's duties regarding awarding of American
Indian postsecondary preparation grants to school districts; and
new text end

new text begin (5) recommendations of education policy changes for American Indians.
new text end

new text begin (b) Membership in the Tribal Nations Education Committee is the sole discretion
of the committee and nothing in this subdivision gives the commissioner authority to
dictate committee membership.
new text end

Sec. 13.

new text begin [124D.791] INDIAN EDUCATION DIRECTOR.
new text end

new text begin Subdivision 1. new text end

new text begin Appointment. new text end

new text begin An Indian education director shall be appointed by
the commissioner.
new text end

new text begin Subd. 2. new text end

new text begin Qualifications. new text end

new text begin The commissioner shall select the Indian education
director on the basis of outstanding professional qualifications and knowledge of
American Indian education, culture, practices, and beliefs. The Indian education director
serves in the unclassified service. The commissioner may remove the Indian education
director for cause. The commissioner is encouraged to seek qualified applicants who
are enrolled members of a tribe.
new text end

new text begin Subd. 3. new text end

new text begin Compensation. new text end

new text begin Compensation of the Indian education director shall be
established under chapter 15A.
new text end

new text begin Subd. 4. new text end

new text begin Duties; powers. new text end

new text begin (a) The Indian education director shall:
new text end

new text begin (1) serve as the liaison for the department with the Tribal Nations Education
Committee, the 11 reservations, the Minnesota Chippewa tribe, the Minnesota Indian
Affairs Council, and the Urban Indian Advisory Council;
new text end

new text begin (2) evaluate the state of American Indian education in Minnesota;
new text end

new text begin (3) engage the tribal bodies, community groups, parents of children eligible to
be served by Indian education programs, American Indian administrators and teachers,
persons experienced in the training of teachers for American Indian education programs,
the tribally controlled schools, and other persons knowledgeable in the field of American
Indian education and seek their advice on policies that can improve the quality of
American Indian education;
new text end

new text begin (4) advise the commissioner on the American Indian education issues, including:
new text end

new text begin (i) issues facing American Indian students;
new text end

new text begin (ii) policies for American Indian education;
new text end

new text begin (iii) awarding scholarships to eligible American Indian students and in administering
the commissioner's duties regarding awarding of American Indian postsecondary
preparation grants to school districts; and
new text end

new text begin (iv) administration of the commissioner's duties under sections 124D.71 to 124D.82
and other programs for the education of American Indian people;
new text end

new text begin (5) propose to the commissioner legislative changes that will improve the quality
of American Indian education;
new text end

new text begin (6) develop a strategic plan and a long-term framework for American Indian
education, in conjunction with the Minnesota Indian Affairs Council, that is updated every
five years and implemented by the commissioner, with goals to:
new text end

new text begin (i) increase American Indian student achievement, including increased levels of
proficiency and growth on statewide accountability assessments;
new text end

new text begin (ii) increase the number of American Indian teachers in public schools;
new text end

new text begin (iii) close the achievement gap between American Indian students and their more
advantaged peers;
new text end

new text begin (iv) increase the statewide graduation rate for American Indian students; and
new text end

new text begin (v) increase American Indian student placement in postsecondary programs and
the workforce; and
new text end

new text begin (7) keep the American Indian community informed about the work of the department
by reporting to the Tribal Nations Education Committee at each committee meeting.
new text end

Sec. 14.

new text begin [124D.861] ACHIEVEMENT AND INTEGRATION FOR MINNESOTA.
new text end

new text begin Subdivision 1. new text end

new text begin Program to close the academic achievement and opportunity
gap.
new text end

new text begin The "Achievement and Integration for Minnesota" program is established to
promote diversity, pursue racial and economic integration, and increase student academic
achievement and equitable educational opportunities in Minnesota public schools. The
program must serve students of varying racial, ethnic, and economic backgrounds, taking
into account unique geographic and demographic particularities affecting students,
schools, and districts including race, neighborhood locations and characteristics, grades,
socioeconomic status, academic performance, and language barriers. Eligible districts
must use the revenue under section 124D.862 to pursue racial and economic integration in
schools through: (1) in-school educational practices and integrated learning environments
created to prepare all students to be effective citizens, enhance social cohesion, and
reinforce democratic values; and (2) corresponding and meaningful policies and curricula
and trained instructors, administrators, school counselors, and other advocates who
support and enhance in-school practices and integrated learning environments under this
section. In-school practices and integrated learning environments must promote increased
student academic achievement, cultural fluency, graduation and educational attainment
rates, and parent involvement.
new text end

new text begin Subd. 2. new text end

new text begin Plan components. new text end

new text begin (a) The school board of each eligible district must
formally develop and implement a long-term comprehensive plan that identifies the
collaborative structures and systems, in-school strategies, inclusive best educational
practices, and partnerships with higher education institutions and industries required
to effect this section and increase the academic achievement of all students. Plan
components may include: innovative and integrated prekindergarten through grade 12
learning environments that offer students school enrollment choices; family engagement
initiatives that involve families in their students' academic life and success; professional
development opportunities for teachers and administrators focused on improving the
academic achievement of all students; increased programmatic opportunities focused
on rigor and college and career readiness for underserved students, including students
enrolled in alternative learning centers under section 123A.05, public alternative programs
under section 126C.05, subdivision 15, or contract alternative programs under section
124D.69, among other underserved students; or recruitment and retention of teachers and
administrators with diverse backgrounds. The plan must specify district and school goals
for reducing the disparity in academic achievement among all racial and ethnic categories of
students and promoting racial and economic integration in schools and districts over time.
new text end

new text begin (b) Among other requirements, an eligible district must implement a cost-effective,
research-based intervention that includes formative assessment practices to reduce the
disparity in student academic achievement between the highest and lowest performing
racial and ethnic categories of students as measured by student demonstration of
proficiency on state reading and math assessments.
new text end

new text begin (c) Eligible districts must collaborate in creating efficiencies and eliminating the
duplication of programs and services under this section, which may include forming a
single, seven-county metropolitan areawide partnership of eligible districts for this purpose.
new text end

new text begin Subd. 3. new text end

new text begin Biennial progress; budget process. new text end

new text begin (a) To receive revenue under section
124D.862, the school board of an eligible district must hold at least one formal hearing by
March 1 in the year preceding the current biennium to report to the public its progress in
realizing the goals identified in its plan. At the hearing, the board must provide the public
with longitudinal data demonstrating district and school progress in reducing the disparity
in student academic achievement among all racial and ethnic categories of students and
realizing racial and economic integration, consistent with its plan and the measures in
paragraph (b). At least 30 days before the formal hearing under this paragraph, the
board must post on the district Web site, in an understandable, readily accessible format,
up-to-date longitudinal data on district and school progress in reducing disparities in
students' academic achievement, consistent with this subdivision. The district also must
submit to the commissioner by March 1 in the year preceding the current biennium a
detailed biennial budget for continuing to implement its plan and the commissioner must
review and approve or disapprove the budget by June 1 of that year.
new text end

new text begin (b) The longitudinal data required under paragraph (a) must be based on one or
more of the following measures:
new text end

new text begin (1) the number of world language proficiency or high achievement certificates
awarded under section 120B.022, subdivision 1, paragraphs (b) and (c);
new text end

new text begin (2) student growth and progress toward proficiency in reading or mathematics as
defined under section 120B.299;
new text end

new text begin (3) adequate yearly progress under section 120B.35, subdivision 2;
new text end

new text begin (4) preparation for postsecondary academic and career opportunities under section
120B.35, subdivision 3, paragraph (c), clause (1);
new text end

new text begin (5) rigorous coursework completed under section 120B.35, subdivision 3, paragraph
(c), clause (2); or
new text end

new text begin (6) school safety and students' engagement and connection at school under section
120B.35, subdivision 3, paragraph (d).
new text end

new text begin Subd. 4. new text end

new text begin Evaluation. new text end

new text begin The commissioner must evaluate the efficacy of district
plans in reducing the disparity in student academic achievement among all racial and
ethnic categories of students and realizing racial and economic integration and report the
commissioner's findings to the K-12 education committees of the legislature by February 1
every fourth year beginning February 1, 2017.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for fiscal year 2014 and later.
new text end

Sec. 15.

new text begin [124D.862] ACHIEVEMENT AND INTEGRATION REVENUE.
new text end

new text begin Subdivision 1. new text end

new text begin Eligibility. new text end

new text begin A school district is eligible for achievement and
integration revenue under this section if the district has a biennial achievement and
integration plan approved by the department under section 124D.861.
new text end

new text begin Subd. 2. new text end

new text begin Achievement and integration revenue. new text end

new text begin (a) An eligible district's initial
achievement and integration revenue equals the sum of (1) $....... per pupil unit plus (2)
$....... times district's pupil units for that year times the ratio of the district's enrollment of
protected students to total enrollment for the previous school year.
new text end

new text begin (b) In each year, .02 percent of each district's initial achievement and integration
revenue is transferred to the Department of Education for the oversight and accountability
activities required under this section and section 124D.861.
new text end

new text begin (c) A district that did not meet its achievement goals established in section 124D.861
for the previous biennium must have its initial achievement and integration revenue
reduced by ....... percent for the current year.
new text end

new text begin (d) Any revenue saved by the reductions in paragraph (c) must be proportionately
reallocated on a per pupil basis to all districts that met their achievement goals in the
previous biennium.
new text end

new text begin Subd. 3. new text end

new text begin Achievement and integration aid. new text end

new text begin A district's achievement and
integration aid equals 70 percent of its achievement and integration revenue.
new text end

new text begin Subd. 4. new text end

new text begin Achievement and integration levy. new text end

new text begin A district's achievement and
integration levy equals the difference between its achievement and integration revenue
and its achievement and integration aid.
new text end

new text begin Subd. 5. new text end

new text begin Incentive revenue. new text end

new text begin An eligible school district's maximum incentive
revenue equals $....... per pupil unit. In order to receive this revenue, a district must be
implementing a voluntary plan to reduce racial enrollment disparities through intradistrict
and interdistrict activities that have been approved as a part of the district's achievement
and integration plan.
new text end

new text begin Subd. 6. new text end

new text begin Revenue reserved. new text end

new text begin Integration revenue received under this section must
be reserved and used only for the programs authorized in subdivision 7.
new text end

new text begin Subd. 7. new text end

new text begin Revenue uses. new text end

new text begin At least 80 percent of a district's achievement and
integration revenue received under this section must be used for innovative and integrated
learning environments, family engagement activities, and other approved programs
providing direct services to students. Up to 20 percent of the revenue may be used for
professional development and staff development activities and not more than ten percent
of this share of the revenue may be used for administrative expenditures.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for revenue for fiscal year 2014
and later.
new text end

Sec. 16.

Minnesota Statutes 2012, section 126C.10, subdivision 14, is amended to read:


Subd. 14.

Uses of total operating capital revenue.

Total operating capital revenue
may be used only for the following purposes:

(1) to acquire land for school purposes;

(2) to acquire or construct buildings for school purposes;

(3) to rent or lease buildings, including the costs of building repair or improvement
that are part of a lease agreement;

(4) to improve and repair school sites and buildings, and equip or reequip school
buildings with permanent attached fixtures, including library media centers;

(5) for a surplus school building that is used substantially for a public nonschool
purpose;

(6) to eliminate barriers or increase access to school buildings by individuals with a
disability;

(7) to bring school buildings into compliance with the State Fire Code adopted
according to chapter 299F;

(8) to remove asbestos from school buildings, encapsulate asbestos, or make
asbestos-related repairs;

(9) to clean up and dispose of polychlorinated biphenyls found in school buildings;

(10) to clean up, remove, dispose of, and make repairs related to storing heating fuel
or transportation fuels such as alcohol, gasoline, fuel oil, and special fuel, as defined
in section 296A.01;

(11) for energy audits for school buildings and to modify buildings if the audit
indicates the cost of the modification can be recovered within ten years;

(12) to improve buildings that are leased according to section 123B.51, subdivision 4;

(13) to pay special assessments levied against school property but not to pay
assessments for service charges;

(14) to pay principal and interest on state loans for energy conservation according to
section 216C.37 or loans made under the Douglas J. Johnson Economic Protection Trust
Fund Act according to sections 298.292 to 298.298;

(15) to purchase or lease interactive telecommunications equipment;

(16) by board resolution, to transfer money into the debt redemption fund to: (i)
pay the amounts needed to meet, when due, principal and interest payments on certain
obligations issued according to chapter 475; or (ii) pay principal and interest on debt
service loans or capital loans according to section 126C.70;

(17) to pay operating capital-related assessments of any entity formed under a
cooperative agreement between two or more districts;

(18) to purchase or lease computers and related deleted text beginmaterialsdeleted text endnew text begin hardware, initial purchase
of related software, but not annual licensing fees
new text end, copying machines, telecommunications
equipment, and other noninstructional equipment;

(19) to purchase or lease assistive technology or equipment for instructional
programs;

(20) to purchase textbooksnew text begin as defined in section 123B.41, subdivision 2new text end;

(21) to purchase new and replacement library media resources or technology;

(22) to lease or purchase vehicles;

(23) to purchase or lease telecommunications equipment, computers, and related
equipment for integrated information management systems for:

(i) managing and reporting learner outcome information for all students under a
results-oriented graduation rule;

(ii) managing student assessment, services, and achievement information required
for students with individualized education programs; and

(iii) other classroom information management needs;

(24) to pay personnel costs directly related to the acquisition, operation, and
maintenance of telecommunications systems, computers, related equipment, and network
and applications software; and

(25) to pay the costs directly associated with closing a school facility, including
moving and storage costs.

Sec. 17. new text beginTRANSFER OF LANDS; RED LAKE SCHOOL DISTRICT.
new text end

new text begin Subdivision 1. new text end

new text begin Conveyance. new text end

new text begin A conveyance of right, title, and interest in Parcels A,
B, and C, described in subdivision 2, and all improvements thereon, from Independent
School District No. 38, Red Lake, to the Red Lake Band of Chippewa Indians is not a sale
within the meaning of Minnesota Statutes, section 16A.695, provided:
new text end

new text begin (1) the tax-exempt status of any bonds previously issued is not compromised by
the conveyance;
new text end

new text begin (2) the Red Lake Band of Chippewa Indians leases Parcels A, B, and C, and all
buildings thereon to Independent School District No. 38, Red Lake, for a term that is at
least 125 percent of the useful life of the bond-financed improvements; and
new text end

new text begin (3) the conveyance is approved by Independent School District No. 38, Red Lake.
new text end

new text begin Subd. 2. new text end

new text begin Land descriptions. new text end

new text begin (a) Parcel A is described as follows:
new text end

new text begin Located in Lots 1 and 2, Section 21, Township 151 North, Range 34 West,
Minnesota, and described as follows: commencing at a point which is the intersection of a
projection of the center line of B Street and the north edge of Minnesota State Highway
No. 1; thence North 78 degrees East along the north edge of Highway No. 1 750 feet to
point of beginning; thence North 78 degrees East a distance of 675 feet; thence North 12
degrees West 1,160 feet; thence South 78 degrees West a distance of 675 feet; thence South
12 degrees East 1,160 feet to point of beginning, containing 17.98 acres, more or less.
new text end

new text begin Reserving, however, to the United States, all mineral deposits in the above-described
land, together with the right to prospect for and remove such deposits under rules and
regulations prescribed by the Secretary of the Interior.
new text end

new text begin (b) Parcel B is described as follows:
new text end

new text begin That part of Government Lot 3, Section 5, Township 152 North, Range 33 West,
described as follows:
new text end

new text begin Beginning at the closing section corner common to Sections 5 and 6, located on the
13th Standard Parallel and a distance of 1,108.8 feet West of the south quarter corner of
Section 32, which is a 3/4" pipe 24" long; thence on a bearing of South 0 degrees 33
minutes East along existing fence line a distance of 116.0 feet to top of bank on shore line
of Red Lake and approximately 50 feet from shore of said lake where a 3/4" pipe 24"
long was placed by a fence post at top of bank; thence meander along top of said bank
on a bearing of North 73 degrees 45 minutes East, a distance of 1,040 feet, more or less,
approximately 50 feet from shore line of said Red Lake, with all riparian rights reserved
between these two corners; thence on a bearing of North 1 degree 15 minutes East a
distance of 160 feet; thence North 89 degrees 8 minutes West, a distance of 210 feet;
thence North 1 degree 15 minutes East a distance of 320 feet; thence due West a distance
of 369.0 feet to a 3/4" pipe 24" long; thence on a bearing of North 0 degrees 33 minutes
West a distance of 330.0 feet to a 3/4" pipe 24" long and set at west corner post of entrance
and on fence line running westerly; thence due West a distance of 435.8 feet to point of
beginning, containing 17.62 acres, more or less.
new text end

new text begin Subject to road right-of-way from a point on west line of above-described property
and 450.0 feet South of section corner common to Sections 5 and 6, which is the point of
beginning. A tract of land 30.0 feet wide, 20.0 feet on the North and 10.0 feet on the South
of a center line described as: on a bearing South 88 degrees 49 minutes East, a distance of
455.0 feet East, a tract of land 20 feet wide, 10 feet on the West and 10.0 feet on the East
of a center line on a bearing of North 0 degrees 33 minutes West, a distance of 130.0 feet
North at which point said right-of-way leaves the property.
new text end

new text begin Excepting the following:
new text end

new text begin (1) one lot described as follows: commencing at the closing section corner common
to Sections 5 and 6 on the 13th Standard Parallel, which is a 3/4" pipe 24" long; thence on
a bearing of South 0 degrees 33 minutes East, a distance of 430.0 feet to a 3/4" pipe 24"
long, which is the point of beginning; thence on a bearing of South 88 degrees 49 minutes
East, a distance of 200 feet; thence on a bearing of North 0 degrees 33 minutes West, 115
feet; thence on a bearing of North 88 degrees 49 minutes West, a distance of 200 feet;
thence on a bearing of South 0 degrees 33 minutes East a distance of 115 feet to the point
of beginning, containing 0.528 acres, more or less; and
new text end

new text begin (2) one lot described as follows: commencing at the closing section corner common
to Sections 5 and 6 on the 13th Standard parallel, which is a 3/4" pipe 24" long; thence on
a bearing of South 0 degrees 33 minutes East, a distance of 430.0 feet to a 3/4" pipe 24"
long; thence on a bearing of South 88 degrees 49 minutes East, a distance of 270.0 feet to
a point of beginning, and which is a 3/4" pipe 24" long set on property line 1 foot back of
sidewalk line with an (X) chiselled at edge of sidewalk opposite the corner; thence on a
bearing of North 1 degree l1 minutes East, a distance of 115.0 feet to a 3/4" pipe 24" long;
thence on a bearing of South 88 degrees 49 minutes East, a distance 90.0 feet to a 3/4"
pipe 24" long; thence on a bearing of South 1 degree l1 minutes West, a distance of 115.0
feet to a 3/4" pipe 24" long set 1 foot back of sidewalk line with an (X) chiselled at edge of
sidewalk opposite the corner; thence on a bearing of North 88 degrees 49 minutes West, a
distance of 90.0 feet to point of beginning, containing 0.24 acres, more or less.
new text end

new text begin There are reserved to the United States in trust for the Red Lake Band of Chippewa
Indians all minerals, including oil and gas, in the above-described land together with the
right to prospect for and remove such deposits under rules and regulations prescribed
by the Secretary of the Interior.
new text end

new text begin (c) Parcel C is located in Lots 3 and 4 of Section 21, Township 151 North, Range 34
West, Minnesota, and described as follows:
new text end

new text begin Beginning at a point which is the intersection of a projection of the center line of
B Street and the north edge of Minnesota State Highway No. 1, North 78 degrees East
along the north edge of Highway No. 1 750 feet; thence North 12 degrees West 1,160
feet; thence South 78 degrees West 750 feet to the center line of B Street; thence South 12
degrees East along the center line of B Street and its projection, to the point of beginning.
The area described above not to exceed twenty acres.
new text end

new text begin Reserving however, to the United States, all mineral deposits in the above-described
land together with the right to prospect for and remove such deposits under rules and
regulations prescribed by the Secretary of the Interior.
new text end

Sec. 18. new text beginAPPROPRIATIONS.
new text end

new text begin Subdivision 1. new text end

new text begin Department. new text end

new text begin The sums indicated in this section are appropriated
from the general fund to the Department of Education for the fiscal years designated.
new text end

new text begin Subd. 2. new text end

new text begin Achievement and integration aid. new text end

new text begin For achievement and integration aid
under Minnesota Statutes, section 124D.861:
new text end

new text begin $
new text end
new text begin .......
new text end
new text begin .....
new text end
new text begin 2014
new text end
new text begin $
new text end
new text begin .......
new text end
new text begin .....
new text end
new text begin 2015
new text end

new text begin The 2014 appropriation includes $....... for 2013 and $....... for 2014.
new text end

new text begin The 2015 appropriation includes $....... for 2014 and $....... for 2015.
new text end

Sec. 19. new text beginREVISOR'S INSTRUCTION.
new text end

new text begin In Minnesota Statutes and Minnesota Rules, the revisor of statutes shall substitute
the term "Division of State Library Services" for "Library Development and Services,"
"Office of Library Development and Services," or "LDS" where "LDS" stands for "Library
Development and Services." The revisor shall also make grammatical changes related
to the changes in terms.
new text end

ARTICLE 4

CHARTER SCHOOLS

Section 1.

Minnesota Statutes 2012, section 124D.10, is amended to read:


124D.10 CHARTER SCHOOLS.

Subdivision 1.

Purposes.

(a) The new text beginprimary new text endpurpose of this section is todeleted text begin:
deleted text end

deleted text begin (1)deleted text end improve pupil learning and student achievementdeleted text begin;deleted text endnew text begin. Additional purposes include to:
new text end

deleted text begin (2)deleted text endnew text begin (1)new text end increase learning opportunities for pupils;

deleted text begin (3)deleted text endnew text begin (2)new text end encourage the use of different and innovative teaching methods;

deleted text begin (4)deleted text endnew text begin (3)new text end measure learning outcomes and create different and innovative forms of
measuring outcomes;

deleted text begin (5)deleted text endnew text begin (4)new text end establish new forms of accountability for schools; deleted text beginanddeleted text endnew text begin or
new text end

deleted text begin (6)deleted text endnew text begin (5)new text end create new professional opportunities for teachers, including the opportunity
to be responsible for the learning program at the school site.

(b) This section does not provide a means to keep open a school that a school board
decides to close. However, a school board may endorse or authorize the establishing of
a charter school to replace the school the board decided to close. Applicants seeking a
charter under this circumstance must demonstrate to the authorizer that the charter sought
is substantially different in purpose and program from the school the board closed and
that the proposed charter satisfies the requirements of this subdivision. If the school
board that closed the school authorizes the charter, it must document in its affidavit to the
commissioner that the charter is substantially different in program and purpose from
the school it closed.

An authorizer shall not approve an application submitted by a charter school
developer under subdivision 4, paragraph (a), if the application does not comply with this
subdivision. The commissioner shall not approve an affidavit submitted by an authorizer
under subdivision 4, paragraph (b), if the affidavit does not comply with this subdivision.

Subd. 2.

Applicability.

This section applies only to charter schools formed and
operated under this section.

Subd. 3.

Authorizer.

(a) For purposes of this section, the terms defined in this
subdivision have the meanings given them.

"Application" to receive approval as an authorizer means the proposal an eligible
authorizer submits to the commissioner under paragraph (c) before that authorizer is able
to submit any affidavit to charter to a school.

"Application" under subdivision 4 means the charter school business plan a
school developer submits to an authorizer for approval to establish a charter school that
documents the school developer's mission statement, school purposes, program design,
financial plan, governance and management structure, and background and experience,
plus any other information the authorizer requests. The application also shall include a
"statement of assurances" of legal compliance prescribed by the commissioner.

"Affidavit" means a written statement the authorizer submits to the commissioner
for approval to establish a charter school under subdivision 4 attesting to its review and
approval process before chartering a school.

(b) The following organizations may authorize one or more charter schools:

(1) a school board, intermediate school district school board, or education district
organized under sections 123A.15 to 123A.19;

(2) a charitable organization under section 501(c)(3) of the Internal Revenue Code
of 1986, excluding a nonpublic sectarian or religious institution; any person other than a
natural person that directly or indirectly, through one or more intermediaries, controls,
is controlled by, or is under common control with the nonpublic sectarian or religious
institution; and any other charitable organization under this clause that in the federal IRS
Form 1023, Part IV, describes activities indicating a religious purpose, that:

(i) is a member of the Minnesota Council of Nonprofits or the Minnesota Council on
Foundations;

(ii) is registered with the attorney general's office; and

(iii) is incorporated in the state of Minnesota and has been operating continuously
for at least five years but does not operate a charter school;

(3) a Minnesota private college, notwithstanding clause (2), that grants two- or
four-year degrees and is registered with the Minnesota Office of Higher Education under
chapter 136A; community college, state university, or technical college governed by the
Board of Trustees of the Minnesota State Colleges and Universities; or the University
of Minnesota;

(4) a nonprofit corporation subject to chapter 317A, described in section 317A.905,
and exempt from federal income tax under section 501(c)(6) of the Internal Revenue Code
of 1986, may authorize one or more charter schools if the charter school has operated
for at least three years under a different authorizer and if the nonprofit corporation has
existed for at least 25 years; or

(5) single-purpose authorizers that are charitable, nonsectarian organizations formed
under section 501(c)(3) of the Internal Revenue Code of 1986 and incorporated in the state
of Minnesota whose sole purpose is to charter schools. Eligible organizations interested
in being approved as an authorizer under this paragraph must submit a proposal to the
commissioner that includes the provisions of paragraph (c) and a five-year financial plan.
Such authorizers shall consider and approve new text begincharter school new text endapplications using the criteria
provided in subdivision 4 and shall not limit the applications it solicits, considers, or
approves to any single curriculum, learning program, or method.

(c) An eligible authorizer under this subdivision must apply to the commissioner for
approval as an authorizer before submitting any affidavit to the commissioner to charter
a school. The application for approval as a charter school authorizer must demonstrate
the applicant's ability to implement the procedures and satisfy the criteria for chartering a
school under this section. The commissioner must approve or disapprove an application
within 45 business days of the application deadline. If the commissioner disapproves
the application, the commissioner must notify the applicant of the specific deficiencies
in writing and the applicant then has 20 business days to address the deficiencies to the
commissioner's satisfaction. After the 20 business days expire, the commissioner has 15
business days to make a final decision to approve or disapprove the application. Failing to
address the deficiencies to the commissioner's satisfaction makes an applicant ineligible to
be an authorizer. The commissioner, in establishing criteria for approval, must consider
the applicant's:

(1) capacity and infrastructure;

(2) application criteria and process;

(3) contracting process;

(4) ongoing oversight and evaluation processes; and

(5) renewal criteria and processes.

(d) An applicant must include in its application to the commissioner to be an
approved authorizer at least the following:

(1) how chartering schools is a way for the organization to carry out its mission;

(2) a description of the capacity of the organization to serve as an authorizer,
including the personnel who will perform the authorizing duties, their qualifications, the
amount of time they will be assigned to this responsibility, and the financial resources
allocated by the organization to this responsibility;

(3) a description of the application and review process the authorizer will use to
make decisions regarding the granting of charters;

(4) a description of the type of contract it will arrange with the schools it charters
that meets the provisions of subdivision 6;

(5) the process to be used for providing ongoing oversight of the school consistent
with the contract expectations specified in clause (4) that assures that the schools chartered
are complying with both the provisions of applicable law and rules, and with the contract;

(6) a description of the criteria and process the authorizer will use to grant expanded
applications under subdivision 4, paragraph (j);

(7) the process for making decisions regarding the renewal or termination of
the school's charter based on evidence that demonstrates the academic, organizational,
and financial competency of the school, including its success in increasing student
achievement and meeting the goals of the charter school agreement; and

(8) an assurance specifying that the organization is committed to serving as an
authorizer for the full five-year term.

(e) A disapproved applicant under this section may resubmit an application during a
future application period.

(f) If the governing board of an approved authorizer votes to withdraw as an
approved authorizer for a reason unrelated to any cause under subdivision 23, the
authorizer must notify all its chartered schools and the commissioner in writing by July
15 of its intent to withdraw as an authorizer on June 30 in the next calendar year. The
commissioner may approve the transfer of a charter school to a new authorizer under this
paragraph after the new authorizer submits an affidavit to the commissioner.

(g) The authorizer must participate in department-approved training.

deleted text begin (h) An authorizer that chartered a school before August 1, 2009, must apply by
June 30, 2012, to the commissioner for approval, under paragraph (c), to continue as an
authorizer under this section. For purposes of this paragraph, an authorizer that fails to
submit a timely application is ineligible to charter a school.
deleted text end

deleted text begin (i)deleted text endnew text begin (h)new text end The commissioner shall review an authorizer's performance every five years
in a manner and form determined by the commissioner and may review an authorizer's
performance more frequently at the commissioner's own initiative or at the request of a
charter school operator, charter school board member, or other interested party. The
commissioner, after completing the review, shall transmit a report with findings to the
authorizer. If, consistent with this section, the commissioner finds that an authorizer has
not fulfilled the requirements of this section, the commissioner may subject the authorizer
to corrective action, which may include terminating the contract with the charter school
board of directors of a school it chartered. The commissioner must notify the authorizer
in writing of any findings that may subject the authorizer to corrective action and
the authorizer then has 15 business days to request an informal hearing before the
commissioner takes corrective action. If the commissioner terminates a contract between
an authorizer and a charter school under this paragraph, the commissioner may assist the
charter school in acquiring a new authorizer.

deleted text begin (j)deleted text endnew text begin (i)new text end The commissioner may at any time take corrective action against an authorizer,
including terminating an authorizer's ability to charter a school for:

(1) failing to demonstrate the criteria under paragraph (c) under which the
commissioner approved the authorizer;

(2) violating a term of the chartering contract between the authorizer and the charter
school board of directors;

(3) unsatisfactory performance as an approved authorizer; or

(4) any good cause shown that provides the commissioner a legally sufficient reason
to take corrective action against an authorizer.

Subd. 4.

Formation of school.

(a) An authorizer, after receiving an application from
a school developer, may charter a licensed teacher under section 122A.18, subdivision
1
, or a group of individuals that includes one or more licensed teachers under section
122A.18, subdivision 1, to operate a school subject to the commissioner's approval of the
authorizer's affidavit under paragraph (b). The school must be organized and operated as a
nonprofit corporation under chapter 317A and the provisions under the applicable chapter
shall apply to the school except as provided in this section.

Notwithstanding sections 465.717 and 465.719, a school district, subject to this
section and section 124D.11, may create a corporation for the purpose of establishing a
charter school.

(b) Before the operators may establish and operate a school, the authorizer must file
an affidavit with the commissioner stating its intent to charter a school. An authorizer
must file a separate affidavit for each school it intends to charter. The affidavit must state
the terms and conditions under which the authorizer would charter a school and how the
authorizer intends to oversee the fiscal and student performance of the charter school and to
comply with the terms of the written contract between the authorizer and the charter school
board of directors under subdivision 6. The commissioner must approve or disapprove the
authorizer's affidavit within 60 business days of receipt of the affidavit. If the commissioner
disapproves the affidavit, the commissioner shall notify the authorizer of the deficiencies
in the affidavit and the authorizer then has 20 business days to address the deficiencies.
If the authorizer does not address deficiencies to the commissioner's satisfaction, the
commissioner's disapproval is final. Failure to obtain commissioner approval precludes an
authorizer from chartering the school that is the subject of this affidavit.

(c) The authorizer may prevent an approved charter school from opening for
operation if, among other grounds, the charter school violates this section or does not meet
the ready-to-open standards that are part of the authorizer's oversight and evaluation
process or are stipulated in the charter school contract.

(d) The operators authorized to organize and operate a school, before entering into a
contract or other agreement for professional or other services, goods, or facilities, must
incorporate as a nonprofit corporation under chapter 317A and must establish a board of
directors composed of at least five members who are not related parties until a timely
election for members of the ongoing charter school board of directors is held according to
the school's articles and bylaws under paragraph (f). A charter school board of directors
must be composed of at least five members who are not related parties. Staff members
employed at the school, including teachers providing instruction under a contract with a
cooperative,new text begin members of the board of directors,new text end and all parents or legal guardians of
children enrolled in the school are the voters eligible to elect the members of the school's
board of directors. A charter school must notify eligible voters of the school board election
dates at least 30 days before the election. Board of director meetingsnew text begin and board committee
meetings
new text end must comply with chapter 13D.

(e) A charter school shall publish and maintain on the school's official Web site: (1)
the minutes of meetings of the board of directors, and of members and committees having
any board-delegated authority, for at least one calendar year from the date of publication;
(2) directory information for members of the board of directors and committees having
board-delegated authority; and (3) identifying and contact information for the school's
authorizer. Identifying and contact information for the school's authorizer must be
included in other school materials made available to the public. Upon request of an
individual, the charter school must also make available in a timely fashion financial
statements showing all operations and transactions affecting income, surplus, and deficit
during the school's last annual accounting period; and a balance sheet summarizing assets
and liabilities on the closing date of the accounting period. A charter school also must deleted text beginpost
on its official Web site information identifying its authorizer and indicate how to contact
that authorizer and
deleted text end include that same information about its authorizer in other school
materials that it makes available to the public.

(f) Every charter school board member shall attend deleted text beginongoingdeleted text endnew text begin annualnew text end training
throughout the member's term onnew text begin thenew text end board deleted text begingovernance, includingdeleted text endnew text begin. All new board
members shall attend initial
new text end new text beginnew text endtraining on the board's role and responsibilities, employment
policies and practices, and financial management. Anew text begin newnew text end board member who does not
begin the required initial training within six months after being seated and complete that
training within 12 months of being seated on the board is new text beginautomatically new text endineligible to
continue to serve as a board member. The school shall include in its annual report the
training attended by each board member during the previous year.

(g) The ongoing board must be elected before the school completes its third year of
operation. Board elections must be held during the school year but may not be conducted
on days when the school is closed for holidaysnew text begin, breaks,new text end or vacations. The charter school
board of directors shall be composed of at least five nonrelated members and include: (i)
at least one licensed teacher employed new text beginas a teacher new text endat the school or deleted text begina licensed teacher
deleted text end providing instruction under contract between the charter school and a cooperative; (ii) deleted text beginthe
deleted text end new text beginat least one new text endparent or legal guardian of a student enrolled in the charter school who is not an
employee of the charter school; and (iii) deleted text beginandeleted text endnew text begin at least onenew text end interested community member who
new text begin resides in Minnesota andnew text end is not employed by the charter school and does not have a child
enrolled in the school. The board deleted text beginmay be a teacher majority board composeddeleted text endnew text begin may include
a majority
new text end of teachersnew text begin, parents, or community members asnew text end described in this paragraphnew text begin or it
may have no clear majority
new text end. The chief financial officer and the chief administrator may only
serve as ex-officio nonvoting board members deleted text beginand may not serve as a voting member of the
board
deleted text end. new text beginNo new text endcharter school employees shall deleted text beginnotdeleted text end serve on the board deleted text beginunlessdeleted text endnew text begin other than teachers
under
new text end item (i) deleted text beginappliesdeleted text end. Contractors providing facilities, goods, or services to a charter
school shall not serve on the board of directors of the charter school. Board bylaws shall
outline the process and procedures for changing the board's governance deleted text beginmodeldeleted text endnew text begin structurenew text end,
consistent with chapter 317A. A board may change its governance deleted text beginmodeldeleted text endnew text begin structurenew text end only:

(1) by a majority vote of the board of directors andnew text begin a majority vote ofnew text end the licensed
teachers employed by the schoolnew text begin as teachersnew text end, including licensed teachers providing
instruction under a contract between the school and a cooperative; and

(2) with the authorizer's approval.

Any change in board governancenew text begin structurenew text end must conform with thenew text begin composition of
the
new text end board deleted text beginstructuredeleted text end established under this paragraph.

(h) The granting or renewal of a charter by an authorizer must not be conditioned
upon the bargaining unit status of the employees of the school.

(i) The granting or renewal of a charter school by an authorizer must not be
contingent on the charter school being required to contract, lease, or purchase services
new text beginor facilities new text endfrom the authorizernew text begin or to enter into a contract with a corporation, contractor,
or individual with which the authorizer has a financial relationship or arrangement
new text end. Any
potential contractdeleted text begin, lease,deleted text end or purchase of service from an authorizer must be disclosed to
the commissioner, accepted through an open bidding process, and be a separate contract
from the charter contract. The school must document the open bidding processnew text begin it used in
awarding the contract. The authorizer must document that the bid terms were competitive
in relation to the market and that the authorizer makes the same terms available to
schools that it does not authorize
new text end. An authorizer must not enter into a contract to provide
management and financial services for a school that it authorizes, unless the school
documents that it received at least two competitive bids.

(j) An authorizer may permit the board of directors of a charter school to expand
the operation of the charter school to additional sites or deleted text beginto add additionaldeleted text end grades at the
school beyond those described in the authorizer's original affidavit as approved by
the commissioner only after submitting a supplemental affidavit for approval to the
commissioner in a form and manner prescribed by the commissioner. The supplemental
affidavit must document that:

(1) the proposed expansion plan demonstrates need and projected enrollment;

(2) the expansion is warranted, at a minimum, by longitudinal data demonstrating
students' improved academic performance and growth on statewide assessments under
chapter 120B;

(3) the charter school is financially sound and the financing it needs to implement
the proposed expansion exists; and

(4) the charter school has the governance structure and management capacity to
carry out its expansion.

(k) The commissioner shall have 30 business days to review and comment on the
supplemental affidavit. The commissioner shall notify the authorizer of any deficiencies in
the supplemental affidavit and the authorizer then has 20 business days to address, to the
commissioner's satisfaction, any deficiencies in the supplemental affidavit. The school
may not expand grades or add sites until the commissioner has approved the supplemental
affidavit. The commissioner's approval or disapproval of a supplemental affidavit is final.

Subd. 4a.

Conflict of interest.

(a) An individual is prohibited from serving as a
member of the charter school board of directors if the individual, an immediate family
member, or the individual's partner is deleted text beginandeleted text endnew text begin a full or partnew text end ownerdeleted text begin, employee or agent of,deleted text end or
deleted text begina contractordeleted text endnew text begin principalnew text end with a for-profit or nonprofit entity or deleted text beginindividualdeleted text endnew text begin independent
contractor
new text end with whom the charter school contracts, directly or indirectly, for professional
services, goods, or facilities.new text begin An individual is prohibited from serving as a board member
if an immediate family member is an employee of the school or is an individual with
whom the school contracts, directly or indirectly, through full or part ownership, for
professional services, goods, or facilities.
new text end A violation of this prohibition renders a contract
voidable at the option of the commissioner or the charter school board of directors. A
member of a charter school board of directors who violates this prohibition is individually
liable to the charter school for any damage caused by the violation.

(b) No member of the board of directors, employee, officer, or agent of a charter
school shall participate in selecting, awarding, or administering a contract if a conflict
of interest exists. A conflict exists when:

(1) the board member, employee, officer, or agent;

(2) the immediate family of the board member, employee, officer, or agent;

(3) the partner of the board member, employee, officer, or agent; or

(4) an organization that employs, or is about to employ any individual in clauses
(1) to (3),

has a financial or other interest in the entity with which the charter school is contracting.
A violation of this prohibition renders the contract void.

(c) Any employee, agent, or board member of the authorizer who participates
in the initial review, approval, ongoing oversight, evaluation, or the charter renewal or
nonrenewal process or decision is ineligible to serve on the board of directors of a school
chartered by that authorizer.

(d) An individual may serve as a member of the board of directors if no conflict of
interest under paragraph (a) exists.

(e) The conflict of interest provisions under this subdivision do not apply to
compensation paid to a teacher employed new text beginas a teacher new text endby the charter school deleted text beginwhodeleted text endnew text begin or a
teacher who provides instructional services to the charter school through a cooperative
formed under chapter 308A when the teacher
new text end also serves deleted text beginas a member ofdeleted text endnew text begin onnew text end the new text begincharter
school
new text endboard of directors.

deleted text begin (f) The conflict of interest provisions under this subdivision do not apply to a teacher
who provides services to a charter school through a cooperative formed under chapter
308A when the teacher also serves on the charter school board of directors.
deleted text end

Subd. 5.

Conversion of existing schools.

A board of an independent or special
school district may convert one or more of its existing schools to charter schools under
this section if 60 percent of the full-time teachers at the school sign a petition seeking
conversion. The conversion must occur at the beginning of an academic year.

Subd. 6.

Charter contract.

The authorization for a charter school must be in the
form of a written contract signed by the authorizer and the board of directors of the charter
school. The contract must be completed within 45 business days of the commissioner's
approval of the authorizer's affidavit. The authorizer shall submit to the commissioner a
copy of the signed charter contract within ten business days of its execution. The contract
for a charter school must be in writing and contain at least the following:

new text begin (1) a declaration that the charter school will carry out the primary purpose in
subdivision 1 and how the school will report its implementation of the primary purpose;
new text end

deleted text begin (1)deleted text endnew text begin (2)new text end a declaration of deleted text beginthedeleted text endnew text begin any additionalnew text end purposes in subdivision 1 that the school
intends to carry out and how the school will report its implementation of those purposes;

deleted text begin (2)deleted text endnew text begin (3)new text end a description of the school program and the specific academic and
nonacademic outcomes that pupils must achieve;

deleted text begin (3)deleted text endnew text begin (4)new text end a statement of admission policies and procedures;

deleted text begin (4)deleted text endnew text begin (5)new text end a governance, management, and administration plan for the school;

deleted text begin (5)deleted text endnew text begin (6)new text end signed agreements from charter school board members to comply with all
federal and state laws governing organizational, programmatic, and financial requirements
applicable to charter schools;

deleted text begin (6)deleted text endnew text begin (7)new text end the criteria, processes, and procedures that the authorizer will use deleted text beginfor
ongoing oversight of operational, financial, and academic performance
deleted text endnew text begin to monitor and
evaluate the fiscal, operational, and academic performance consistent with subdivision
15, paragraphs (a) and (b)
new text end;

deleted text begin (7)deleted text endnew text begin (8) for contract renewal,new text end the new text beginformal written new text endperformance evaluation new text beginof the school
new text endthat is a prerequisite for reviewing a charter contract under subdivision 15;

deleted text begin (8)deleted text endnew text begin (9)new text end types and amounts of insurance liability coverage to be obtained by the
charter schoolnew text begin, consistent with subdivision 8, paragraph (k)new text end;

deleted text begin (9)deleted text endnew text begin (10)new text end consistent with subdivision 25, paragraph (d), a provision to indemnify and
hold harmless the authorizer and its officers, agents, and employees from any suit, claim,
or liability arising from any operation of the charter school, and the commissioner and
department officers, agents, and employees notwithstanding section 3.736;

deleted text begin (10)deleted text endnew text begin (11)new text end the term of the initial contract, which may be up to five years plus an
additional preoperational planning year, and up to five years for a renewed contract or a
contract with a new authorizer after a transfer of authorizers, if warranted by the school's
academic, financial, and operational performance;

deleted text begin (11)deleted text endnew text begin (12)new text end how the board of directors or the operators of the charter school will
provide special instruction and services for children with a disability under sections
125A.03 to 125A.24, and 125A.65, a description of the financial parameters within
which the charter school will operate to provide the special instruction and services to
children with a disability;

deleted text begin (12) the process and criteria the authorizer intends to use to monitor and evaluate the
fiscal and student performance of the charter school, consistent with subdivision 15; and
deleted text end

new text begin (13) the specific conditions for contract renewal, which identify performance under
the primary purpose of subdivision 1 as the most important factor in determining contract
renewal; and
new text end

deleted text begin (13)deleted text endnew text begin (14)new text end the plan for an orderly closing of the school under chapter 317A, deleted text beginif
deleted text endnew text begin whethernew text end the closure is a termination for cause, a voluntary termination, or a nonrenewal
of the contract, deleted text beginanddeleted text end that includes establishing the responsibilities of the school board of
directors and the authorizer and notifying the commissioner, authorizer, school district in
which the charter school is located, and parents of enrolled students about the closure,
the transfer of student records to students' resident districts, and procedures for closing
financial operations.

Subd. 6a.

Audit report.

(a) The charter school must submit an audit report to the
commissioner and its authorizer by December 31 each year.

(b) The charter school, with the assistance of the auditor conducting the audit,
must include with the reportnew text begin, as supplemental information,new text end a copy of all charter school
agreements for corporate management servicesnew text begin, including parent company or other
administrative, financial, and staffing services
new text end. If the entity that provides the professional
services to the charter school is exempt from taxation under section 501 of the Internal
Revenue Code of 1986, that entity must file with the commissioner by February 15 a copy
of the annual return required under section 6033 of the Internal Revenue Code of 1986.

new text begin (c) A charter school independent audit report shall include audited financial data of
an affiliated building corporation or other component unit.
new text end

deleted text begin (c)deleted text endnew text begin (d)new text end If the audit report finds that a material weakness exists in the financial
reporting systems of a charter school, the charter school must submit a written report to
the commissioner explaining how the material weakness will be resolved. An auditor,
as a condition of providing financial services to a charter school, must agree to make
available information about a charter school's financial audit to the commissioner and
authorizer upon request.

Subd. 7.

Public status; exemption from statutes and rules.

A charter school is
a public school and is part of the state's system of public education. A charter school is
exempt from all statutes and rules applicable to a school, school board, or school district
unless a statute or rule is made specifically applicable to a charter school or is included
in this section.

Subd. 8.

Federal, state, and local requirements.

(a) A charter school shall meet all
federal, state, and local health and safety requirements applicable to school districts.

(b) A school must comply with statewide accountability requirements governing
standards and assessments in chapter 120B.

(c) A school authorized by a school board may be located in any district, unless the
school board of the district of the proposed location disapproves by written resolution.

(d) A charter school must be nonsectarian in its programs, admission policies,
employment practices, and all other operations. An authorizer may not authorize a charter
school or program that is affiliated with a nonpublic sectarian school or a religious
institution. A charter school student must be released for religious instruction, consistent
with section 120A.22, subdivision 12, clause (3).

(e) Charter schools must not be used as a method of providing education or
generating revenue for students who are being home-schooled. This paragraph does not
apply to shared time aid under section 126C.19.

(f) The primary focus of a charter school must be to provide a comprehensive
program of instruction for at least one grade or age group from five through 18 years
of age. Instruction may be provided to people younger than five years and older than
18 years of age.

(g) A charter school may not charge tuition.

(h) A charter school is subject to and must comply with chapter 363A and section
121A.04.

(i) A charter school is subject to and must comply with the Pupil Fair Dismissal
Act, sections 121A.40 to 121A.56, and the Minnesota Public School Fee Law, sections
123B.34 to 123B.39.

(j) A charter school is subject to the same financial audits, audit procedures, and
audit requirements as a districtnew text begin, except as required under subdivision 6anew text end. Audits must be
conducted in compliance with generally accepted governmental auditing standards, the
federal Single Audit Act, if applicable, and section 6.65. A charter school is subject
to and must comply with sections 15.054; 118A.01; 118A.02; 118A.03; 118A.04;
118A.05; 118A.06; 471.38; 471.391; 471.392; and 471.425. The audit must comply with
the requirements of sections 123B.75 to 123B.83, except to the extent deviations are
necessary because of the program at the school. Deviations must be approved by the
commissioner and authorizer. The Department of Education, state auditor, legislative
auditor, or authorizer may conduct financial, program, or compliance audits. A charter
school determined to be in statutory operating debt under sections 123B.81 to 123B.83
must submit a plan under section 123B.81, subdivision 4.

(k) A charter school is a district for the purposes of tort liability under chapter 466.

(l) A charter school must comply with chapters 13 and 13D; and sections 120A.22,
subdivision 7
; 121A.75; and 260B.171, subdivisions 3 and 5.

(m) A charter school is subject to the Pledge of Allegiance requirement under
section 121A.11, subdivision 3.

(n) A charter school offering online courses or programs must comply with section
124D.095.

(o) A charter school and charter school board of directors are subject to chapter 181.

(p) A charter school must comply with section 120A.22, subdivision 7, governing
the transfer of students' educational records and sections 138.163 and 138.17 governing
the management of local records.

(q) A charter school that provides early childhood health and developmental
screening must comply with sections 121A.16 to 121A.19.

(r) A charter school that provides school-sponsored youth athletic activities must
comply with section 121A.38.

new text begin (s) A charter school is subject to and must comply with continuing truant notification
under section 260A.03.
new text end

Subd. 8a.

Aid reduction.

The commissioner may reduce a charter school's state aid
under section 127A.42 or 127A.43 if the charter school board fails to correct a violation
under this section.

Subd. 8b.

Aid reduction for violations.

The commissioner may reduce a charter
school's state aid by an amount not to exceed 60 percent of the charter school's basic
revenue for the period of time that a violation of law occurs.

Subd. 9.

Admission requirements.

new text begin(a) new text endA charter school may limit admission to:

(1) pupils within an age group or grade level;

(2) pupils who are eligible to participate in the graduation incentives program under
section 124D.68; or

(3) residents of a specific geographic area in which the school is located when the
majority of students served by the school are members of underserved populations.

new text begin (b) new text endA charter school shall enroll an eligible pupil who submits a timely application,
unless the number of applications exceeds the capacity of a program, class, grade level, or
building. In this case, pupils must be accepted by lot. The charter school must develop
and publishnew text begin, including on its Web site,new text end a lottery policy and process that it must use when
accepting pupils by lot.

new text begin (c) new text endA charter school shall give enrollment preference to a sibling of an enrolled pupil
and to a foster child of that pupil's parents and may give preference for enrolling children
of the school's staff before accepting other pupils by lot.

new text begin (d) A person shall not be admitted to a charter school (1) as a kindergarten pupil,
unless the pupil is at least five years of age on September 1 of the calendar year in which
the school year for which the pupil seeks admission commences; or (2) as a first grade
student, unless the pupil is at least six years of age on September 1 of the calendar year in
which the school year for which the pupil seeks admission commences or has completed
kindergarten; except that a charter school may establish and publish on its Web site a
policy for admission of selected pupils at an earlier age, consistent with the enrollment
process in paragraphs (b) and (c).
new text end

new text begin (e) Except as permitted in paragraph (d), new text enda charter school may not limit admission
to pupils on the basis of intellectual ability, measures of achievement or aptitude, or
athletic ability and may not establish any criteria or requirements for admission that are
inconsistent with this subdivision.

new text begin (f) new text endThe charter school shall not distribute any services or goods of value to students,
parents, or guardians as an inducement, term, or condition of enrolling a student in a
charter school.

Subd. 10.

Pupil performance.

A charter school must design its programs to at
least meet the outcomes adopted by the commissioner for public school students. In
the absence of the commissioner's requirements, the school must meet the outcomes
contained in the contract with the authorizer. The achievement levels of the outcomes
contained in the contract may exceed the achievement levels of any outcomes adopted by
the commissioner for public school students.

Subd. 11.

Employment and other operating matters.

(a) A charter school must
employ or contract with necessary teachers, as defined by section 122A.15, subdivision 1,
who hold valid licenses to perform the particular service for which they are employed in
the school. The charter school's state aid may be reduced under section 127A.43 if the
school employs a teacher who is not appropriately licensed or approved by the board of
teaching. The school may employ necessary employees who are not required to hold
teaching licenses to perform duties other than teaching and may contract for other services.
The school may discharge teachers and nonlicensed employees. The charter school board
is subject to section 181.932. When offering employment to a prospective employee, a
charter school must give that employee a written description of the terms and conditions
of employment and the school's personnel policies.

(b) A person, without holding a valid administrator's license, may perform
administrative, supervisory, or instructional leadership duties. The board of directors shall
establish qualifications for persons that hold administrative, supervisory, or instructional
leadership roles. The qualifications shall include at least the following areas: instruction
and assessment; human resource and personnel management; financial management;
legal and compliance management; effective communication; and board, authorizer, and
community relationships. The board of directors shall use those qualifications as the basis
for job descriptions, hiring, and performance evaluations of those who hold administrative,
supervisory, or instructional leadership roles. The board of directors and an individual
who does not hold a valid administrative license and who serves in an administrative,
supervisory, or instructional leadership position shall develop a professional development
plan. Documentation of the implementation of the professional development plan of these
persons shall be included in the school's annual report.

(c) The board of directors also shall decide new text beginand be responsible for policy new text endmatters
related to the operation of the school, including budgeting, curriculumnew text begin programming,
personnel,
new text end and operating procedures.new text begin The board shall adopt a policy on nepotism in
employment. The board shall adopt personnel evaluation policies and practices that,
at a minimum:
new text end

new text begin (1) carry out the school's mission and goals;
new text end

new text begin (2) evaluate the execution of charter contract goals and commitments;
new text end

new text begin (3) evaluate student achievement, postsecondary and workforce readiness, and
engagement goals; and
new text end

new text begin (4) provide professional development related to the individual's job responsibilities.
new text end

Subd. 12.

Pupils with a disability.

A charter school must comply with sections
125A.02, 125A.03 to 125A.24, and 125A.65 and rules relating to the education of pupils
with a disability as though it were a district.

Subd. 13.

Length of school year.

A charter school must provide instruction each
year for at least the number of hours required by section 120A.41. It may provide
instruction throughout the year according to sections 124D.12 to 124D.127 or 124D.128.

Subd. 14.

Annual public reports.

A charter school must publish an annual report
approved by the board of directors. The annual report must at least include information
on school enrollment, student attrition, governance and management, staffing, finances,
academic performance, deleted text beginoperational performance,deleted text end innovative practices and implementation,
and future plans. A charter school must new text beginpost the annual report on the school's official Web
site. The charter school must also
new text enddistribute the annual report by publication, mail, or
electronic means to deleted text beginthe commissioner,deleted text endnew text begin itsnew text end authorizer, school employees, and parents and
legal guardians of students enrolled in the charter school deleted text beginand must also post the report on
the charter school's official Web site
deleted text end. The reports are public data under chapter 13.

Subd. 15.

Review and comment.

(a) The authorizer shall provide a formal written
evaluation of the school's performance before the authorizer renews the charter contract.
The department must review and comment on the authorizer's evaluation process at the
time the authorizer submits its application for approval and each time the authorizer
undergoes its five-year review under subdivision 3, paragraph (i).

(b) An authorizer shall monitor and evaluate the deleted text beginfiscal,deleted text endnew text begin academic, financial, and
new text end operationaldeleted text begin, and studentdeleted text end performance of the school, and may for this purpose annually
assess a charter school a fee according to paragraph (c). The agreed-upon fee structure
must be stated in the charter school contract.

(c) The fee that deleted text begineach charter school pays to an authorizer each yeardeleted text endnew text begin an authorizer
may annually assess
new text end is the greater of:

(1) the basic formula allowance for that year; or

(2) the lesser of:

(i) the maximum fee factor times the basic formula allowance for that year; or

(ii) the fee factor times the basic formula allowance for that year times the charter
school's adjusted marginal cost pupil units for that year. The fee factor equals deleted text begin.005 in fiscal
year 2010, .01 in fiscal year 2011, .013 in fiscal year 2012, and
deleted text end .015 deleted text beginin fiscal years 2013
and later
deleted text end. The maximum fee factor equals deleted text begin1.5 in fiscal year 2010, 2.0 in fiscal year 2011,
3.0 in fiscal year 2012, and
deleted text end 4.0 deleted text beginin fiscal years 2013 and laterdeleted text end.

(d) An authorizer may not assess a fee for any required services other than as
provided in this subdivision.

(e) For the preoperational planning period, new text beginafter a school is chartered, new text endthe authorizer
may assess a charter school a fee equal to the basic formula allowance.

(f) By September 30 of each year, an authorizer shall submit to the commissioner a
statement of new text beginincome and new text endexpenditures related to chartering activities during the previous
school year ending June 30. A copy of the statement shall be given to all schools chartered
by the authorizer.

Subd. 16.

Transportation.

(a) A charter school after its first fiscal year of operation
by March 1 of each fiscal year and a charter school by July 1 of its first fiscal year of
operation must notify the district in which the school is located and the Department of
Education if it will provide its own transportation or use the transportation services of the
district in which it is located for the fiscal year.

(b) If a charter school elects to provide transportation for pupils, the transportation
must be provided by the charter school within the district in which the charter school is
located. The state must pay transportation aid to the charter school according to section
124D.11, subdivision 2.

For pupils who reside outside the district in which the charter school is located, the
charter school is not required to provide or pay for transportation between the pupil's
residence and the border of the district in which the charter school is located. A parent
may be reimbursed by the charter school for costs of transportation from the pupil's
residence to the border of the district in which the charter school is located if the pupil is
from a family whose income is at or below the poverty level, as determined by the federal
government. The reimbursement may not exceed the pupil's actual cost of transportation
or 15 cents per mile traveled, whichever is less. Reimbursement may not be paid for
more than 250 miles per week.

At the time a pupil enrolls in a charter school, the charter school must provide the
parent or guardian with information regarding the transportation.

(c) If a charter school does not elect to provide transportation, transportation for
pupils enrolled at the school must be provided by the district in which the school is
located, according to sections 123B.88, subdivision 6, and 124D.03, subdivision 8, for a
pupil residing in the same district in which the charter school is located. Transportation
may be provided by the district in which the school is located, according to sections
123B.88, subdivision 6, and 124D.03, subdivision 8, for a pupil residing in a different
district. If the district provides the transportation, the scheduling of routes, manner and
method of transportation, control and discipline of the pupils, and any other matter relating
to the transportation of pupils under this paragraph shall be within the sole discretion,
control, and management of the district.

Subd. 17.

Leased space.

A charter school may lease space from an independent
or special school board deleted text begineligible to be an authorizerdeleted text end, other public organization, private,
nonprofit nonsectarian organization, private property owner, or a sectarian organization
if the leased space is constructed as a school facility. The department must review and
approve or disapprove leases in a timely manner.

Subd. 17a.

Affiliated nonprofit building corporation.

(a) Before a charter school
may organize an affiliated nonprofit building corporation (i) to renovate or purchase an
existing facility to serve as a school or (ii) to new text beginexpand an existing building or new text endconstruct
a new school facility, an authorizer must submit an affidavit to the commissioner for
approval in the form and manner the commissioner prescribes, and consistent with
paragraphs (b) and (c) or (d).

(b) An affiliated nonprofit building corporation under this subdivision must:

(1) be incorporated under section 317A;

(2) comply with applicable Internal Revenue Service regulations, including
regulations for "supporting organizations" as defined by the Internal Revenue Service;

(3) submit to the commissioner each fiscal year a list of current board members
and a copy of its annual audit; and

(4) comply with government data practices law under chapter 13.

An affiliated nonprofit building corporation must not serve as the leasing agent for
property or facilities it does not own. A charter school that leases a facility from an
affiliated nonprofit building corporation that does not own the leased facility is ineligible
to receive charter school lease aid. The state is immune from liability resulting from a
contract between a charter school and an affiliated nonprofit building corporation.

(c) A charter school may organize an affiliated nonprofit building corporation to
renovate or purchase an existing facility to serve as a school if the charter school:

(1) has been operating for at least five consecutive school years;

(2) has had a net positive unreserved general fund balance as of June 30 in the
preceding five fiscal years;

(3) has a long-range strategic and financial plan;

(4) completes a feasibility study of available buildings;

(5) documents enrollment projections and the need to use an affiliated building
corporation to renovate or purchase an existing facility to serve as a school; and

(6) has a plan for the renovation or purchase, which describes the parameters and
budget for the project.

(d) A charter school may organize an affiliated nonprofit building corporation to
expand an existing school facility or construct a new school facility if the charter school:

(1) demonstrates the lack of facilities available to serve as a school;

(2) has been operating for at least eight consecutive school years;

(3) has had a net positive unreserved general fund balance as of June 30 in the
preceding five fiscal years;

(4) completes a feasibility study of facility options;

(5) has a long-range strategic and financial plan that includes enrollment projections
and demonstrates the need for constructing a new school facility; and

(6) has a plan for the expansion or new school facility, which describes the
parameters and budget for the project.

new text begin Subd. 17b. new text end

new text begin Positive review and comment. new text end

deleted text begin(e)deleted text end A charter school or an affiliated
nonprofit building corporation organized by a charter school must not initiate an
installment contract for purchase, or a lease agreement, or solicit bids for new construction,
expansion, or remodeling of an educational facility that requires an expenditure in
excess of $1,400,000, unless it meets the criteria in new text beginsubdivision 17a, new text endparagraph (b) and
paragraph (c) or (d), as applicable, and receives a positive review and comment from
the commissioner under section 123B.71.

Subd. 19.

Disseminate information.

(a) deleted text beginThe authorizer, the operators,deleted text endnew text begin Authorizers
new text end and the department must disseminate information to the public on how to form and
operate a charter school. Charter schools must disseminate information about how to
use the offerings of a charter school. Targeted groups include low-income families and
communities, students of color, and students who are at risk of academic failure.

(b) Authorizers, operators, and the department also may disseminate information
about the successful best practices in teaching and learning demonstrated by charter
schools.

Subd. 20.

Leave to teach in a charter school.

If a teacher employed by a district
makes a written request for an extended leave of absence to teach at a charter school,
the district must grant the leave. The district must grant a leave not to exceed a total of
five years. Any request to extend the leave shall be granted only at the discretion of the
school board. The district may require that the request for a leave or extension of leave
be made before February 1 in the school year preceding the school year in which the
teacher intends to leave, or February 1 of the calendar year in which the teacher's leave is
scheduled to terminate. Except as otherwise provided in this subdivision and except for
section 122A.46, subdivision 7, the leave is governed by section 122A.46, including, but
not limited to, reinstatement, notice of intention to return, seniority, salary, and insurance.

During a leave, the teacher may continue to aggregate benefits and credits in the
Teachers' Retirement Association account under chapters 354 and 354A, consistent with
subdivision 22.

Subd. 21.

Collective bargaining.

Employees of the board of directors of a charter
school may, if otherwise eligible, organize under chapter 179A and comply with its
provisions. The board of directors of a charter school is a public employer, for the
purposes of chapter 179A, upon formation of one or more bargaining units at the school.
Bargaining units at the school must be separate from any other units within an authorizing
district, except that bargaining units may remain part of the appropriate unit within an
authorizing district, if the employees of the school, the board of directors of the school,
the exclusive representative of the appropriate unit in the authorizing district, and the
board of the authorizing district agree to include the employees in the appropriate unit of
the authorizing district.

Subd. 22.

Teacher and other employee retirement.

(a) Teachers in a charter
school must be public school teachers for the purposes of chapters 354 and 354A.

(b) Except for teachers under paragraph (a), employees in a charter school must be
public employees for the purposes of chapter 353.

Subd. 23.

Causes for nonrenewal or termination of charter school contract.

(a)
The duration of the contract with an authorizer must be for the term contained in the
contract according to subdivision 6. The authorizer may or may not renew a contract at
the end of the term for any ground listed in paragraph (b). An authorizer may unilaterally
terminate a contract during the term of the contract for any ground listed in paragraph (b).
At least 60 business days before not renewing or terminating a contract, the authorizer
shall notify the board of directors of the charter school of the proposed action in writing.
The notice shall state the grounds for the proposed action in reasonable detail and that the
charter school's board of directors may request in writing an informal hearing before the
authorizer within 15 business days of receiving notice of nonrenewal or termination of
the contract. Failure by the board of directors to make a written request for an informal
hearing within the 15-business-day period shall be treated as acquiescence to the proposed
action. Upon receiving a timely written request for a hearing, the authorizer shall give ten
business days' notice to the charter school's board of directors of the hearing date. The
authorizer shall conduct an informal hearing before taking final action. The authorizer
shall take final action to renew or not renew a contract no later than 20 business days
before the proposed date for terminating the contract or the end date of the contract.

(b) A contract may be terminated or not renewed upon any of the following grounds:

(1) failure to deleted text beginmeetdeleted text endnew text begin demonstrate satisfactory academic achievement for all groups of
students, including
new text end the requirements for pupil performance contained in the contract;

(2) failure to meet generally accepted standards of fiscal management;

(3) violations of law; or

(4) other good cause shown.

If a contract is terminated or not renewed under this paragraph, the school must be
dissolved according to the applicable provisions of chapter 317A.

deleted text begin (c) If the authorizer and the charter school board of directors mutually agree to
terminate or not renew the contract, a change in authorizers is allowed if the commissioner
approves the change to a different eligible authorizer to authorize the charter school.
deleted text end deleted text begin Both parties must jointly submit their intent in writing to the commissioner to mutually
terminate the contract. The authorizer that is a party to the existing contract must inform
the proposed authorizer about the fiscal and operational status and student performance
of the school. Before the commissioner determines whether to approve a change in
authorizer, the proposed authorizer must identify any outstanding issues in the proposed
charter contract that were unresolved in the previous charter contract and have the charter
school agree to resolve those issues. If no change in authorizer is approved, the school
must be dissolved according to applicable law and the terms of the contract.
deleted text end

new text begin (c) If the authorizer and the charter school board of directors mutually agree not to
renew the contract, a change in authorizers is allowed. The authorizer and the school
board must jointly submit a written and signed letter of their intent to the commissioner
to mutually not renew the contract. The authorizer that is a party to the existing contract
must inform the proposed authorizer about the fiscal, operational, and student performance
status of the school, as well as any outstanding contractual obligations that exist. The
charter contract between the proposed authorizer and the school must identify and provide
a plan to address any outstanding obligations from the previous contract. The proposed
contract must be submitted at least 90 business days before the end of the existing
charter contract. The commissioner shall have 30 business days to review and make a
determination. The proposed authorizer and the school shall have 15 business days to
respond to the determination and address any issues identified by the commissioner. A
final determination by the commissioner shall be made no later than 45 business days
before the end of the current charter contract. If no change in authorizer is approved, the
school and the current authorizer may withdraw their letter of nonrenewal and enter into a
new contract. If the transfer of authorizers is not approved and the current authorizer and
the school do not withdraw their letter and enter into a new contract, the school must be
dissolved according to applicable law and the terms of the contract.
new text end

(d) The commissioner, after providing reasonable notice to the board of directors of
a charter school and the existing authorizer, and after providing an opportunity for a public
hearing, may terminate the existing contract between the authorizer and the charter school
board if the charter school has a history of:

(1) failure to meet pupil performance requirements consistent with state law;

(2) financial mismanagement or failure to meet generally accepted standards of
fiscal management; or

(3) repeated or major violations of the law.

Subd. 23a.

Related party lease costs.

(a) A charter school is prohibited from
entering a lease of real property with a related party unless the lessor is a nonprofit
corporation under chapter 317A or a cooperative under chapter 308A, and the lease cost is
reasonable under section 124D.11, subdivision 4, clause (1).

(b) For purposes of this section and section 124D.11:

(1) "related party" means an affiliate or immediate relative of the other party in
question, an affiliate of an immediate relative, or an immediate relative of an affiliate;

(2) "affiliate" means a person that directly or indirectly, through one or more
intermediaries, controls, is controlled by, or is under common control with another person;

(3) "immediate family" means an individual whose relationship by blood, marriage,
adoption, or partnering is no more remote than first cousin;

(4) "person" means an individual or entity of any kind; and

(5) "control" means the ability to affect the management, operations, or policy
actions or decisions of a person, whether through ownership of voting securities, by
contract, or otherwise.

(c) A lease of real property to be used for a charter school, not excluded in paragraph
(a), must contain the following statement: "This lease is subject to Minnesota Statutes,
section 124D.10, subdivision 23a."

(d) If a charter school enters into as lessee a lease with a related party and the
charter school subsequently closes, the commissioner has the right to recover from the
lessor any lease payments in excess of those that are reasonable under section 124D.11,
subdivision 4
, clause (1).

Subd. 24.

Pupil enrollment upon nonrenewal or termination of charter school
contract.

If a contract is not renewed or is terminated according to subdivision 23, a
pupil who attended the school, siblings of the pupil, or another pupil who resides in the
same place as the pupil may enroll in the resident district or may submit an application
to a nonresident district according to section 124D.03 at any time. Applications and
notices required by section 124D.03 must be processed and provided in a prompt manner.
The application and notice deadlines in section 124D.03 do not apply under these
circumstances. The closed charter school must transfer the student's educational records
within ten business days of closure to the student's school district of residence where the
records must be retained or transferred under section 120A.22, subdivision 7.

Subd. 25.

Extent of specific legal authority.

(a) The board of directors of a charter
school may sue and be sued.

(b) The board may not levy taxes or issue bonds.

(c) The commissioner, an authorizer, members of the board of an authorizer in
their official capacity, and employees of an authorizer are immune from civil or criminal
liability with respect to all activities related to a charter school they approve or authorize.
The board of directors shall obtain at least the amount of and types of insurance up to the
applicable tort liability limits under chapter 466. The charter school board must submit
a copy of the insurance policy to its authorizer deleted text beginand the commissionerdeleted text end before starting
operations. The charter school board must submit changes in its insurance carrier or policy
to its authorizer deleted text beginand the commissionerdeleted text end within 20 business days of the change.

(d) Notwithstanding section 3.736, the charter school shall assume full liability for
its activities and indemnify and hold harmless the authorizer and its officers, agents, and
employees from any suit, claim, or liability arising from any operation of the charter school
and the commissioner and department officers, agents, and employees. A charter school
is not required to indemnify or hold harmless a state employee if the state would not be
required to indemnify and hold the employee harmless under section 3.736, subdivision 9.

Subd. 27.

Collaboration between charter school and school district.

(a) A charter
school board may voluntarily enter into a two-year, renewable agreement for collaboration
to enhance student achievement with a school district within whose geographic boundary
it operates.

(b) A school district need not be an approved authorizer to enter into a collaboration
agreement with a charter school. A charter school need not be authorized by the school
district with which it seeks to collaborate.

(c) A charter school authorizer is prohibited from requiring a collaboration agreement
as a condition of entering into or renewing a charter contract as defined in subdivision 6.

(d) Nothing in this subdivision or in the collaboration agreement may impact in any
way the authority or autonomy of the charter school.

(e) Nothing in this subdivision or in the collaboration agreement shall cause the state
to pay twice for the same student, service, or facility or otherwise impact state funding, or
the flow thereof, to the school district or the charter school.

(f) The collaboration agreement may include, but need not be limited to,
collaboration regarding facilities, transportation, training, student achievement,
assessments, mutual performance standards, and other areas of mutual agreement.

(g) The school district may include the academic performance of the students of a
collaborative charter school site operating within the geographic boundaries of the school
district, for purposes of student assessment and reporting to the state.

(h) Districts, authorizers, or charter schools entering into a collaborative agreement
are equally and collectively subject to the same state and federal accountability measures
for student achievement, school performance outcomes, and school improvement
strategies. The collaborative agreement and all accountability measures must be posted
on the district, charter school, and authorizer Web sites.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment,
except subdivision 23 is effective July 1, 2013, and applies to multiple measurements
ratings and focus ratings from the 2010-2011 school year and later.
new text end

Sec. 2.

Minnesota Statutes 2012, section 260A.02, subdivision 3, is amended to read:


Subd. 3.

Continuing truant.

"Continuing truant" means a child who is subject to the
compulsory instruction requirements of section 120A.22 and is absent from instruction in a
school, as defined in section 120A.05, without valid excuse within a single school year for:

(1) three days if the child is in elementary school; or

(2) three or more class periods on three days if the child is in middle school, junior
high school, or high school.

Nothing in this section shall prevent a school district new text beginor charter school new text endfrom notifying
a truant child's parent or legal guardian of the child's truancy or otherwise addressing a
child's attendance problems prior to the child becoming a continuing truant.

Sec. 3.

Minnesota Statutes 2012, section 260A.03, is amended to read:


260A.03 NOTICE TO PARENT OR GUARDIAN WHEN CHILD IS A
CONTINUING TRUANT.

Upon a child's initial classification as a continuing truant, the school attendance
officer or other designated school official shall notify the child's parent or legal guardian,
by first-class mail or other reasonable means, of the following:

(1) that the child is truant;

(2) that the parent or guardian should notify the school if there is a valid excuse
for the child's absences;

(3) that the parent or guardian is obligated to compel the attendance of the child
at school pursuant to section 120A.22 and parents or guardians who fail to meet this
obligation may be subject to prosecution under section 120A.34;

(4) that this notification serves as the notification required by section 120A.34;

(5) that alternative educational programs and services may be available in the new text beginchild's
enrolling or resident
new text enddistrict;

(6) that the parent or guardian has the right to meet with appropriate school personnel
to discuss solutions to the child's truancy;

(7) that if the child continues to be truant, the parent and child may be subject to
juvenile court proceedings under chapter 260C;

(8) that if the child is subject to juvenile court proceedings, the child may be subject
to suspension, restriction, or delay of the child's driving privilege pursuant to section
260C.201; and

(9) that it is recommended that the parent or guardian accompany the child to school
and attend classes with the child for one day.

Sec. 4.

Minnesota Statutes 2012, section 260A.05, subdivision 1, is amended to read:


Subdivision 1.

Establishment.

A school district new text beginor charter school new text endmay establish
one or more school attendance review boards to exercise the powers and duties in this
section. The school district new text beginor charter school new text endboard shall appoint the members of the
school attendance review board and designate the schools within the board's jurisdiction.
Members of a school attendance review board may include:

(1) the superintendent of the school district or the superintendent's designeenew text begin or
charter school director or the director's designee
new text end;

(2) a principal and one or more other school officials from within the districtnew text begin or
charter school
new text end;

(3) parent representatives;

(4) representatives from community agencies that provide services for truant
students and their families;

(5) a juvenile probation officer;

(6) school counselors and attendance officers; and

(7) law enforcement officers.

Sec. 5.

Minnesota Statutes 2012, section 260A.07, subdivision 1, is amended to read:


Subdivision 1.

Establishment; referrals.

A county attorney may establish a truancy
mediation program for the purpose of resolving truancy problems without court action. If
a student is in a school districtnew text begin or charter schoolnew text end that has established a school attendance
review board, the student may be referred to the county attorney under section 260A.06,
subdivision 3
. If the student's school district new text beginor charter school new text endhas not established a board,
the student may be referred to the county attorney by the school district new text beginor charter school
new text endif the student continues to be truant after the parent or guardian has been sent or conveyed
the notice under section 260A.03.

ARTICLE 5

SPECIAL EDUCATION

Section 1.

Minnesota Statutes 2012, section 15.059, subdivision 5b, is amended to read:


Subd. 5b.

Continuation dependent on federal law.

Notwithstanding this section,
the following councils and committees do not expire unless federal law no longer requires
the existence of the council or committee:

(1) Rehabilitation Council for the Blind, created in section 248.10;

(2) Juvenile Justice Advisory Committee, created in section 299A.72;

(3) Governor's Workforce Development Council, created in section 116L.665;

(4) local workforce councils, created in section 116L.666, subdivision 2;

(5) Rehabilitation Council, created in section 268A.02, subdivision 2; deleted text beginand
deleted text end

(6) Statewide Independent Living Council, created in section 268A.02, subdivision
2
new text begin; and
new text end

new text begin (7) Interagency Coordinating Council, created in section 125A.28new text end.

Sec. 2.

Minnesota Statutes 2012, section 125A.0941, is amended to read:


125A.0941 DEFINITIONS.

(a) The following terms have the meanings given them.

(b) "Emergency" means a situation where immediate intervention is needed to
protect a child or other individual from physical injury deleted text beginor to prevent serious property
damage
deleted text end.new text begin Emergency does not mean circumstances such as: a child who does not respond
to a task or request and instead places his or her head on a desk or hides under a desk or
table; a child who does not respond to a staff person's request unless failing to respond
would result in physical injury to the child or other individual; or an emergency incident
has already occurred and no threat of physical injury currently exists.
new text end

(c) "Physical holding" means physical intervention intended to hold a child immobile
or limit a child's movement, where body contact is the only source of physical restraint,
and where immobilization is used to effectively gain control of a child in order to protect
deleted text beginthedeleted text endnew text begin anew text end child or other deleted text beginpersondeleted text endnew text begin individualnew text end from new text beginphysical new text endinjury. The term physical holding does
not mean physical contact that:

(1) helps a child respond or complete a task;

(2) assists a child without restricting the child's movement;

(3) is needed to administer an authorized health-related service or procedure; or

(4) is needed to physically escort a child when the child does not resist or the child's
resistance is minimal.

(d) "Positive behavioral interventions and supports" means interventions and
strategies to improve the school environment and teach children the skills to behave
appropriately.

(e) "Prone restraint" means placing a child in a face down position.

(f) "Restrictive procedures" means the use of physical holding or seclusion in an
emergency.new text begin Restrictive procedures must not be used to punish or otherwise discipline a
child.
new text end

(g) "Seclusion" means confining a child alone in a room from which egress is barred.
new text beginEgress may be barred by an adult locking or closing the door in the room or preventing the
child from leaving the room.
new text endRemoving a child from an activity to a location where the
child cannot participate in or observe the activity is not seclusion.

new text begin EFFECTIVE DATE. new text end

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

Sec. 3.

Minnesota Statutes 2012, section 125A.0942, is amended to read:


125A.0942 STANDARDS FOR RESTRICTIVE PROCEDURES.

Subdivision 1.

Restrictive procedures plan.

new text begin(a) new text endSchools that intend to use
restrictive procedures shall maintain and make publicly accessiblenew text begin in an electronic format
on a school or district Web site or make a paper copy available upon request describing
new text end a
restrictive procedures plan for children new text beginwith disabilities new text endthat deleted text beginincludesdeleted text end at least deleted text beginthe followingdeleted text end:

(1) new text beginlists new text endthe deleted text beginlist ofdeleted text end restrictive procedures the school intends to use;

(2) new text begindescribes how the school will implement a range of positive behavior strategies
and provide links to mental health services;
new text end

new text begin (3) describes new text endhow the school will monitor and review the use of restrictive
procedures, includingnew text begin:
new text end

new text begin (i) new text end conducting post-use debriefingsnew text begin, consistent with subdivision 3, paragraph (a),
clause (5);
new text end and

new text begin (ii) new text endconvening an oversight committeenew text begin to undertake a quarterly review of the use
of restrictive procedures based on patterns or problems indicated by similarities in the
time of day, day of the week, duration of the use of a procedure, the individuals involved,
or other factors associated with the use of restrictive procedures; the number of times a
restrictive procedure is used schoolwide and for individual children; the number and types
of injuries, if any, resulting from the use of restrictive procedures; whether restrictive
procedures are used in nonemergency situations; the need for additional staff training; and
proposed actions to minimize the use of restrictive procedures
new text end; and

deleted text begin (3)deleted text endnew text begin (4) includesnew text end a written description and documentation of the training staff
completed under subdivision 5.

new text begin (b) Schools annually must publicly identify oversight committee members who
must at least include:
new text end

new text begin (1) a mental health professional, school psychologist, or school social worker;
new text end

new text begin (2) an expert in positive behavior strategies;
new text end

new text begin (3) a special education administrator; and
new text end

new text begin (4) a general education administrator.
new text end

Subd. 2.

Restrictive procedures.

(a) Restrictive procedures may be used only by a
licensed special education teacher, school social worker, school psychologist, behavior
analyst certified by the National Behavior Analyst Certification Board, a person with a
master's degree in behavior analysis, other licensed education professional, new text beginhighly qualified
new text endparaprofessional under section 120B.363, or mental health professional under section
245.4871, subdivision 27, who has completed the training program under subdivision 5.

(b) A school shall make reasonable efforts to notify the parent on the same day a
restrictive procedure is used on the child, or if the school is unable to provide same-day
notice, notice is sent within two days by written or electronic means or as otherwise
indicated by the child's parent under paragraph (d).

(c) deleted text beginWhen restrictive procedures are used twice in 30 days or when a pattern emerges
and restrictive procedures are not included in a child's individualized education program
or behavior intervention plan,
deleted text end The district must hold a meeting of the individualized
education program team, conduct or review a functional behavioral analysis, review data,
consider developing additional or revised positive behavioral interventions and supports,
consider actions to reduce the use of restrictive procedures, and modify the individualized
education program or behavior intervention plan as appropriate. new text beginThe district must hold
the meeting: within ten calendar days after district staff use restrictive procedures on two
separate school days within 30 calendar days or a pattern of use emerges and the child's
individualized education program or behavior intervention plan does not provide for using
restrictive procedures in an emergency; or at the request of a parent or the district after
restrictive procedures are used. The district must review use of restrictive procedures at a
child's annual individualized education program meeting when the child's individualized
education program provides for using restrictive procedures in an emergency.
new text end

new text begin (d) If the individualized education program team under paragraph (c) determines
that existing interventions and supports are ineffective in reducing the use of restrictive
procedures or the district uses restrictive procedures on a child on ten or more school days
during the same school year, the team, as appropriate, either must consult with other
professionals working with the child; consult with experts in behavior analysis, mental
health, communication, or autism; consult with culturally competent professionals;
review existing evaluations, resources, and successful strategies; or consider whether to
reevaluate the child.
new text end

new text begin (e) new text endAt the new text beginindividualized education program new text endmeetingnew text begin under paragraph (c)new text end, the team
must review any known medical or psychological limitationsnew text begin, including any medical
information the parent provides voluntarily,
new text end that contraindicate the use of a restrictive
procedure, consider whether to prohibit that restrictive procedure, and document any
prohibition in the individualized education program or behavior intervention plan.

deleted text begin (d)deleted text endnew text begin (f)new text end An individualized education program team may plan for using restrictive
procedures and may include these procedures in a child's individualized education
program or behavior intervention plan; however, the restrictive procedures may be used
only in response to behavior that constitutes an emergency, consistent with this section.
The individualized education program or behavior intervention plan shall indicate how the
parent wants to be notified when a restrictive procedure is used.

Subd. 3.

Physical holding or seclusion.

(a) Physical holding or seclusion may be
used only in an emergency. A school that uses physical holding or seclusion shall meet the
following requirements:

(1) deleted text beginthedeleted text end physical holding or seclusion deleted text beginmust bedeleted text endnew text begin isnew text end the least intrusive intervention
that effectively responds to the emergency;

(2) new text beginphysical holding or seclusion is not used to discipline a noncompliant child;
new text end

new text begin (3) new text endphysical holding or seclusion deleted text beginmust enddeleted text end new text beginends new text endwhen the threat of harm ends and
the staff determines deleted text beginthatdeleted text end the child can safely return to the classroom or activity;

deleted text begin (3)deleted text endnew text begin (4)new text end staff deleted text beginmustdeleted text end directly deleted text beginobservedeleted text endnew text begin observesnew text end the child while physical holding or
seclusion is being used;

deleted text begin (4)deleted text endnew text begin (5)new text end each time physical holding or seclusion is used, the staff person who
implements or oversees the physical holding or seclusion deleted text beginshall documentdeleted text endnew text begin documentsnew text end, as
soon as possible after the incident concludes, the following information:

(i) a description of the incident that led to the physical holding or seclusion;

(ii) why a less restrictive measure failed or was determined by staff to be
inappropriate or impractical;

(iii) the time the physical holding or seclusion began and the time the child was
released; and

(iv) a brief record of the child's behavioral and physical status;

deleted text begin (5)deleted text endnew text begin (6)new text end the room used for seclusion must:

(i) be at least six feet by five feet;

(ii) be well lit, well ventilated, adequately heated, and clean;

(iii) have a window that allows staff to directly observe a child in seclusion;

(iv) have tamperproof fixtures, electrical switches located immediately outside the
door, and secure ceilings;

(v) have doors that open out and are unlocked, locked with keyless locks that
have immediate release mechanisms, or locked with locks that have immediate release
mechanisms connected with a fire and emergency system; and

(vi) not contain objects that a child may use to injure the child or others;

deleted text begin (6)deleted text endnew text begin (7)new text end before using a room for seclusion, a school must:

(i) receive written notice from local authorities that the room and the locking
mechanisms comply with applicable building, fire, and safety codes; and

(ii) register the room with the commissioner, who may view that room; and

deleted text begin (7)deleted text endnew text begin (8)new text end until August 1, deleted text begin2013deleted text endnew text begin 2015new text end, a school district may use prone restraints with
children age five or older deleted text beginunder the following conditionsdeleted text endnew text begin ifnew text end:

(i) deleted text beginadeleted text endnew text begin thenew text end district has provided to the department a list of staff who have had specific
training on the use of prone restraints;

(ii) deleted text beginadeleted text endnew text begin thenew text end district provides information on the type of training that was provided
and by whom;

(iii) deleted text beginprone restraints maydeleted text end only deleted text beginbe used bydeleted text end staff who deleted text beginhavedeleted text end received specific training
new text begin use prone restraintsnew text end;

(iv) each incident of the use of prone restraints is reported to the department within
five working days on a form provided by the department; and

(v) deleted text beginadeleted text endnew text begin thenew text end district, deleted text beginprior todeleted text endnew text begin beforenew text end using prone restraints, must review any known
medical or psychological limitations that contraindicate the use of prone restraints.

deleted text begin The department will report back to the chairs and ranking minority members of the
legislative committees with primary jurisdiction over education policy by February
1, 2013, on the use of prone restraints in the schools. Consistent with item (iv),
deleted text end The
department must collect data on districts' use of prone restraints and publish the data in a
readily accessible format on the department's Web site on a quarterly basis.

(b) deleted text beginThe department must develop a statewide plan by February 1, 2013, to reduce
districts' use of restrictive procedures that includes
deleted text endnew text begin By March 1, 2014, stakeholders must
recommend to the commissioner specific and measurable implementation and outcome
goals for reducing the use of restrictive procedures and the commissioner must submit to
the legislature a report on districts' progress in reducing the use of restrictive procedures
that recommends how to further reduce these procedures and eliminate the use of prone
restraints. The statewide plan includes the following components
new text end: measurable goals; the
resources, training, technical assistance, mental health services, and collaborative efforts
needed to significantly reduce districts' use of prone restraints; and recommendations
to clarify and improve the law governing districts' use of restrictive procedures. The
deleted text begindepartment must convenedeleted text endnew text begin commissioner must consult withnew text end interested stakeholders deleted text beginto
develop the statewide plan and identify the need for technical assistance
deleted text endnew text begin when preparing
the report
new text end, including representatives of advocacy organizations, special education
directors, intermediate school districts, school boards, day treatment providers, new text begincounty
social services,
new text endstate human services department staff, mental health professionals, and
autism experts. deleted text beginTo assist the department and stakeholders under this paragraph, school
districts must report summary data to the department by July 1, 2012, on districts' use of
restrictive procedures during the 2011-2012 school year, including data on the number
of incidents involving restrictive procedures, the total number of students on which
restrictive procedures were used, the number of resulting injuries, relevant demographic
data on the students and school, and other relevant data collected by the district.
deleted text endnew text begin By June
30 each year, districts must report summary data on their use of restrictive procedures to
the department, in a form and manner determined by the commissioner.
new text end

Subd. 4.

Prohibitions.

The following actions or procedures are prohibited:

(1) engaging in conduct prohibited under section 121A.58;

(2) requiring a child to assume and maintain a specified physical position, activity,
or posture that induces physical pain;

(3) totally or partially restricting a child's senses as punishment;

(4) presenting an intense sound, light, or other sensory stimuli using smell, taste,
substance, or spray as punishment;

(5) denying or restricting a child's access to equipment and devices such as walkers,
wheelchairs, hearing aids, and communication boards that facilitate the child's functioning,
except when temporarily removing the equipment or device is needed to prevent injury
to the child or others or serious damage to the equipment or device, in which case the
equipment or device shall be returned to the child as soon as possible;

(6) interacting with a child in a manner that constitutes sexual abuse, neglect, or
physical abuse under section 626.556;

(7) withholding regularly scheduled meals or water;

(8) denying access to bathroom facilities; and

(9) physical holding that restricts or impairs a child's ability to breathe, restricts or
impairs a child's ability to communicate distress, places pressure or weight on a child's
head, throat, neck, chest, lungs, sternum, diaphragm, back, or abdomen, or results in
straddling a child's torso.

Subd. 5.

Training for staff.

(a) To meet the requirements of subdivision 1,
staff who use restrictive proceduresnew text begin, including highly qualified paraprofessionals,new text end shall
complete training in the following skills and knowledge areas:

(1) positive behavioral interventions;

(2) communicative intent of behaviors;

(3) relationship building;

(4) alternatives to restrictive procedures, including techniques to identify events and
environmental factors that may escalate behavior;

(5) de-escalation methods;

(6) standards for using restrictive proceduresnew text begin only in an emergencynew text end;

(7) obtaining emergency medical assistance;

(8) the physiological and psychological impact of physical holding and seclusion;

(9) monitoring and responding to a child's physical signs of distress when physical
holding is being used; deleted text beginand
deleted text end

(10) recognizing the symptoms of and interventions that may cause positional
asphyxia when physical holding is useddeleted text begin.deleted text endnew text begin;
new text end

new text begin (11) district policies and procedures for timely reporting and documentation of each
incident involving use of a restricted procedure; and
new text end

new text begin (12) schoolwide programs on positive behavior strategies.
new text end

(b) The commissioner, after consulting with the commissioner of human services,
must develop and maintain a list of training programs that satisfy the requirements of
paragraph (a). new text beginThe commissioner also must develop and maintain a list of experts to
help individualized education program teams reduce the use of restrictive procedures.
new text endThe district shall maintain records of staff who have been trained and the organization
or professional that conducted the training. The district may collaborate with children's
community mental health providers to coordinate trainings.

Subd. 6.

Behavior supports.

School districts are encouraged to establish effective
schoolwide systems of positive behavior interventions and supports. Nothing in this
section or section 125A.0941 precludes the use of reasonable force under sections
121A.582; 609.06, subdivision 1; and 609.379.

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 2012, section 125A.27, subdivision 8, is amended to read:


Subd. 8.

Eligibility for Part C.

"Eligibility for Part C" means eligibility for
deleted text beginearly childhood special educationdeleted text endnew text begin infant and toddler intervention servicesnew text end under section
125A.02 and Minnesota Rules.

Sec. 5.

Minnesota Statutes 2012, section 125A.27, subdivision 11, is amended to read:


Subd. 11.

Interagency child find systems.

"Interagency child find systems" means
activities developed on an interagency basis with the involvement of interagency early
intervention committees and other relevant community groupsnew text begin, including primary referral
sources included in Code of Federal Regulations, title 34, section 303.303(c),
new text end using
rigorous standards to actively seek out, identify, and refer infants and young children,
with, or at risk of, disabilities, and their families, deleted text beginincluding a childdeleted text endnew text begin to reduce the need for
future services. The child find system must mandate referrals for a child
new text end under the age of
three who: (1) is deleted text begininvolved indeleted text endnew text begin the subject ofnew text end a substantiated case of abuse or neglect, or
(2) is identified as new text begindirectly new text endaffected by illegal substance abuse, or withdrawal symptoms
resulting from prenatal drug exposure, to reduce the need for future services.new text begin The referral
procedures must specify that a referral must occur within seven calendar days from the
date of identification.
new text end

Sec. 6.

Minnesota Statutes 2012, section 125A.27, subdivision 14, is amended to read:


Subd. 14.

Parent.

"Parent" means deleted text beginthe biological parent with parental rights,
adoptive parent, legal guardian, or surrogate parent
deleted text endnew text begin "parent" as defined by Code of Federal
Regulations, title 34, section 303.27, or a surrogate parent appointed in accordance with
Code of Federal Regulations, title 34, section 303.422, or United States Code, title 20,
section 1439(a)(5)
new text end.

Sec. 7.

Minnesota Statutes 2012, section 125A.28, is amended to read:


125A.28 STATE INTERAGENCY COORDINATING COUNCIL.

An Interagency Coordinating Council of at least 17, but not more than 25 members
is established, in compliance with Public Law 108-446, section 641. The members must
be appointed by the governornew text begin and reasonably represent the population of Minnesotanew text end.
Council members must elect the council chairnew text begin, who may not be a representative of the
Department of Education
new text end. deleted text beginThe representative of the commissioner may not serve as the
chair.
deleted text end The council must be composed of at least five parents, including persons of color,
of children with disabilities under age 12, including at least three parents of a child
with a disability under age seven, five representatives of public or private providers
of services for children with disabilities under age five, including a special education
director, county social service director, local Head Start director, and a community health
services or public health nursing administrator, one member of the senate, one member of
the house of representatives, one representative of teacher preparation programs in early
childhood-special education or other preparation programs in early childhood intervention,
at least one representative of advocacy organizations for children with disabilities under
age five, one physician who cares for young children with special health care needs, one
representative each from the commissioners of commerce, education, health, human
services, a representative from the state agency responsible for child care, foster care,
mental health, homeless coordinator of education of homeless children and youth, and a
representative from Indian health services or a tribal council. Section 15.059, subdivisions
2 to 5, apply to the council. The council must meet at least quarterly.

The council must address methods of implementing the state policy of developing
and implementing comprehensive, coordinated, multidisciplinary interagency programs of
early intervention services for children with disabilities and their families.

The duties of the council include recommending policies to ensure a comprehensive
and coordinated system of all state and local agency services for children under age five
with disabilities and their families. The policies must address how to incorporate each
agency's services into a unified state and local system of multidisciplinary assessment
practices, individual intervention plans, comprehensive systems to find children in need of
services, methods to improve public awareness, and assistance in determining the role of
interagency early intervention committees.

On the date that Minnesota Part C Annual Performance Report is submitted to the
federal Office of Special Education, the council must recommend to the governor and the
commissioners of education, health, human services, commerce, and employment and
economic development policies for a comprehensive and coordinated system.

new text begin On an annual basis, the council must prepare and submit an annual report to the
governor and the secretary of the federal Department of Education on the status of early
intervention services and programs for infants and toddlers with disabilities and their
families under the Individuals with Disabilities Education Act, United States Code, title
20, sections 1471 to 1485 (Part C, Public Law 102-119), as operated in Minnesota. The
Minnesota Part C annual performance report may serve as the report.
new text end

Notwithstanding any other law to the contrary, the State Interagency Coordinating
Council deleted text beginexpires on June 30, 2014deleted text endnew text begin does not expire unless federal law no longer requires
the existence of the council or committee
new text end.

Sec. 8.

Minnesota Statutes 2012, section 125A.29, is amended to read:


125A.29 RESPONSIBILITIES OF COUNTY BOARDS AND SCHOOL
BOARDS.

(a) It is the joint responsibility of county boards and school boards to coordinate,
provide, and pay for appropriate services, and to facilitate payment for services from public
and private sources. Appropriate services for children eligible under section 125A.02 must
be determined in consultation with parents, physicians, and other educational, medical,
health, and human services providers. The services provided must be in conformity with:

(1) an IFSP for each eligible infant and toddler from birth through age two and
the infant's or toddler's family including:

(i) American Indian infants and toddlers with disabilities and their families residing
on a reservation geographically located in the state;

(ii) infants and toddlers with disabilities who are homeless children and their
families; and

(iii) infants and toddlers with disabilities who are wards of the state; or

(2) an individualized education program (IEP) or individual service plan (ISP) for
each eligible child ages three through four.

(b) Appropriate new text beginearly intervention new text endservices include deleted text beginfamily education and
counseling, home visits, occupational and physical therapy, speech pathology, audiology,
psychological services, special instruction, nursing, respite, nutrition, assistive technology,
transportation and related costs, social work, vision services, case management
deleted text endnew text begin services
provided in conformity with an IFSP that are designed to meet the special developmental
needs of an eligible child and the needs of the child's family related to enhancing the
child's development and that are selected in collaboration with the parent. These services
include core early intervention services and additional early intervention services listed in
this section and infant and toddler intervention services defined under United States Code,
title 20, sections 1431 to 1444 and Code of Federal Regulations, title 34, section 303,
new text end including service coordination under section 125A.33deleted text begin, medical services for diagnostic and
evaluation purposes, early identification, and screening, assessment, and health services
necessary to enable children with disabilities to benefit from early intervention services
deleted text end.

(c) School and county boards shall coordinate early intervention services. In the
absence of agreements established according to section 125A.39, service responsibilities
for children birth through age two are as follows:

(1) school boards must provide, pay for, and facilitate payment for special education
and related services required under sections 125A.03 and 125A.06;

(2) county boards must provide, pay for, and facilitate payment for noneducational
services of social work, psychology, transportation and related costs, nursing, respite, and
nutrition services not required under clause (1).

(d) School and county boards may develop an interagency agreement according
to section 125A.39 to establish agency responsibility that assures early intervention
services are coordinated, provided, paid for, and that payment is facilitated from public
and private sources.

(e) County and school boards must jointly determine the primary agency in this
cooperative effort and must notify the commissioner of the state lead agency of their
decision.

Sec. 9.

Minnesota Statutes 2012, section 125A.30, is amended to read:


125A.30 INTERAGENCY EARLY INTERVENTION COMMITTEES.

(a) A school district, group of districts, or special education cooperative, in
cooperation with the health and human service agencies located in the county or counties
in which the district or cooperative is located, must establish an Interagency Early
Intervention Committee for children with disabilities under age five and their families
under this section, and for children with disabilities ages three to 22 consistent with
the requirements under sections 125A.023 and 125A.027. Committees must include
representatives of local health, education, and county human service agencies, county
boards, school boards, early childhood family education programs, Head Start, parents of
young children with disabilities under age 12, child care resource and referral agencies,
school readiness programs, current service providers, and may also include representatives
from other private or public agencies and school nurses. The committee must elect a chair
from among its members and must meet at least quarterly.

(b) The committee must develop and implement interagency policies and procedures
concerning the following ongoing duties:

(1) develop public awareness systems designed to inform potential recipient families,
especially parents with premature infants, or infants with other physical risk factors
associated with learning or development complications, of available programs and services;

(2) to reduce families' need for future services, and especially parents with premature
infants, or infants with other physical risk factors associated with learning or development
complications, implement interagency child find systems designed to actively seek out,
identify, and refer infants and young children with, or at risk of, disabilities, including
a child under the age of three who: (i) is deleted text begininvolved indeleted text endnew text begin the subject ofnew text end a substantiated case
of abuse or neglect or (ii) is identified as new text begindirectly new text endaffected by illegal substance abuse, or
withdrawal symptoms resulting from prenatal drug exposure;

(3) establish and evaluate the identification, referral, deleted text beginchilddeleted text endnew text begin screening, evaluation,
child-
new text end and familynew text begin-directednew text end assessment systems, procedural safeguard process,
and community learning systems to recommend, where necessary, alterations and
improvements;

(4) assure the development of individualized family service plans for all eligible
infants and toddlers with disabilities from birth through age two, and their families,
and individualized education programs and individual service plans when necessary to
appropriately serve children with disabilities, age three and older, and their families and
recommend assignment of financial responsibilities to the appropriate agencies;

(5) implement a process for assuring that services involve cooperating agencies at all
steps leading to individualized programs;

(6) facilitate the development of a deleted text begintransitionaldeleted text endnew text begin transitionnew text end plan deleted text beginif a service provider is
not recommended to continue to provide services
deleted text endnew text begin in the individual family service plan by
the time a child is two years and nine months old
new text end;

(7) identify the current services and funding being provided within the community
for children with disabilities under age five and their families;

(8) develop a plan for the allocation and expenditure of deleted text beginadditional state anddeleted text end federal
early intervention funds under United States Code, title 20, section 1471 et seq. (Part C,
Public Law 108-446) and United States Code, title 20, section 631, et seq. (Chapter I,
Public Law 89-313); and

(9) develop a policy that is consistent with section 13.05, subdivision 9, and federal
law to enable a member of an interagency early intervention committee to allow another
member access to data classified as not public.

(c) The local committee shall alsodeleted text begin:
deleted text end

deleted text begin (1)deleted text end participate in needs assessments and program planning activities conducted by
local social service, health and education agencies for young children with disabilities
and their familiesdeleted text begin; anddeleted text endnew text begin.
new text end

deleted text begin (2) review and comment on the early intervention section of the total special
education system for the district, the county social service plan, the section or sections of
the community health services plan that address needs of and service activities targeted
to children with special health care needs, the section on children with special needs in
the county child care fund plan, sections in Head Start plans on coordinated planning and
services for children with special needs, any relevant portions of early childhood education
plans, such as early childhood family education or school readiness, or other applicable
coordinated school and community plans for early childhood programs and services, and
the section of the maternal and child health special project grants that address needs of and
service activities targeted to children with chronic illness and disabilities.
deleted text end

Sec. 10.

Minnesota Statutes 2012, section 125A.32, is amended to read:


125A.32 INDIVIDUALIZED FAMILY SERVICE PLAN (IFSP).

(a) A team must participate in IFSP meetings to develop the IFSP. The team shall
include:

(1) a parent or parents of the childnew text begin, as defined in Code of Federal Regulations,
title 34, section 303.27
new text end;

(2) other family members, as requested by the parent, if feasible to do so;

(3) an advocate or person outside of the family, if the parent requests that the
person participate;

(4) the service coordinator who has been working with the family since the
initial referral, or who has been designated by the public agency to be responsible for
implementation of the IFSP and coordination with other agencies including transition
services; deleted text beginand
deleted text end

(5) a person or persons involved in conducting evaluations and assessmentsdeleted text begin.deleted text endnew text begin; and
new text end

new text begin (6) as appropriate, persons who will be providing early intervention services under
the plan to the child or family.
new text end

(b) The IFSP must include:

(1) information about the child's developmental status;

(2) family information, with the consent of the family;

(3) measurable results or major outcomes expected to be achieved by the child with
the family's assistance, that include developmentally appropriate preliteracy and language
skills for the child, and the criteria, procedures, and timelines;

(4) specific early intervention services based on peer-reviewed research, to the
extent practicable, necessary to meet the unique needs of the child and the family to
achieve the outcomes;

(5) payment arrangements, if any;

(6) medical and other services that the child needs, but that are not required under
the Individual with Disabilities Education Act, United States Code, title 20, section 1471
et seq. (Part C, Public Law 108-446) including funding sources to be used in paying for
those services and the steps that will be taken to secure those services through public
or private sources;

(7) dates and duration of early intervention services;

(8) name of the service coordinator;

(9) steps to be taken to support a child's transition from deleted text beginearlydeleted text endnew text begin infant and toddler
new text end intervention services to other appropriate services, including convening a transition
conference at least 90 days or, at the discretion of all parties, not more than nine months
before the child is eligible for preschool services; and

(10) deleted text beginsignature of the parent anddeleted text end authorized signatures of the agencies responsible
for providing, paying for, or facilitating payment, or any combination of these, for deleted text beginearly
deleted text endnew text begin infant and toddlernew text end intervention services.

Sec. 11.

Minnesota Statutes 2012, section 125A.33, is amended to read:


125A.33 SERVICE COORDINATION.

(a) The team new text beginresponsible for the initial evaluation and the child- and family-directed
assessment and for
new text enddeveloping the IFSP under section 125A.32new text begin, if appropriate,new text end must
select a service coordinator to carry out service coordination activities on an interagency
basis. Service coordination must actively promote a family's capacity and competency
to identify, obtain, coordinate, monitor, and evaluate resources and services to meet the
family's needs. Service coordination activities include:

(1) coordinating the performance of evaluations and assessments;

(2) facilitating and participating in the development, review, and evaluation of
individualized family service plans;

(3) assisting families in identifying available service providers;

(4) coordinating and monitoring the delivery of available services;

(5) informing families of the availability of advocacy services;

(6) coordinating with medical, health, and other service providers;

(7) facilitating the development of a transition plan new text beginto preschool, school, or if
appropriate, to other services,
new text endat least 90 days before the time the child is no longer
eligible for deleted text beginearlydeleted text endnew text begin infant and toddlernew text end intervention services or, at the discretion of all parties,
not more than nine months prior to the child's deleted text begineligibility for preschool servicesdeleted text endnew text begin third
birthday
new text end, if appropriate;

(8) managing the early intervention record and submitting additional information to
the local primary agency at the time of periodic review and annual evaluations; and

(9) notifying a local primary agency when disputes between agencies impact service
delivery required by an IFSP.

(b) A service coordinator must be knowledgeable about children and families
receiving services under this section, requirements of state and federal law, and services
available in the interagency early childhood intervention system.new text begin The IFSP must include
the name of the services coordinator from the profession most relevant to the child's or
family's needs or who is otherwise qualified to carry out all applicable responsibilities
under the Individuals with Disabilities Education Act, United States Code, title 20,
sections 1471 to 1485 (Part C, Public Law 102-119), who will be responsible for
implementing the early intervention services identified in the child's IFSP, including
transition services, and coordination with other agencies and persons.
new text end

Sec. 12.

Minnesota Statutes 2012, section 125A.35, subdivision 1, is amended to read:


Subdivision 1.

Lead agency; allocation of resources.

The state lead agency must
administer the early intervention account that consists of federal allocations. The Part C
state plan must state the amount of federal resources in the early intervention account
available for use by local agencies. The state lead agency must distribute the funds to the
local primary agency new text begindesignated by an Interagency Early Intervention Committee new text endbased
on a new text beginformula that includes a new text endDecember 1 count of the prior year of Part C eligible children
for the following purposes:

(1) as provided in Code of Federal Regulations, title 34, part deleted text begin303.425deleted text endnew text begin 303.430new text end, to
arrange for payment for early intervention services not elsewhere available, or to pay for
services during the pendency of a conflict procedure, including mediation, complaints, due
process hearings, and interagency disputes; and

(2) to support interagency child find system activities.

Sec. 13.

Minnesota Statutes 2012, section 125A.36, is amended to read:


125A.36 PAYMENT FOR SERVICES.

Core early intervention services must be provided at public expense with no cost to
parents. Parents must be requested to assist in the cost of additional early intervention
services by using third-party payment sources deleted text beginand applying for available resourcesdeleted text end.
Payment structures permitted under state law must be used to pay for additional early
intervention services. Parental financial responsibility must be clearly defined in the
IFSP. A parent's inability to pay must not prohibit a child from receiving needed early
intervention services.

Sec. 14.

Minnesota Statutes 2012, section 125A.43, is amended to read:


125A.43 MEDIATION PROCEDURE.

(a) The commissioner, or the commissioner's designee, of the state lead agency must
use federal funds to provide mediation for the activities in paragraphs (b) and (c).

(b) A parent may resolve a dispute regarding issues in section 125A.42, paragraph
(b)
, clause (5), through mediation. If the parent chooses mediation, mediation must be
voluntary on the part of the parties. The parent and the public agencies must complete the
mediation process within 30 calendar days of the date the deleted text beginOffice of Dispute Resolution
deleted text endnew text begin Department of Educationnew text end receives a parent's written request for mediationnew text begin signed by
the parent and the district
new text end. The mediation process may not be used to delay a parent's
right to a due process hearing. The resolution of the mediation is deleted text beginnotdeleted text end binding on deleted text beginany
party
deleted text endnew text begin both partiesnew text end.

(c) Resolution of a dispute through mediation, or other form of alternative dispute
resolution, is not limited to formal disputes arising from the objection of a parent or
guardian and is not limited to the period following a request for a due process hearing.

(d) The commissioner shall provide training and resources to school districts to
facilitate early identification of disputes and access to mediation.

(e) The local primary agency may request mediation on behalf of involved agencies
when there are disputes between agencies regarding responsibilities to coordinate, provide,
pay for, or facilitate payment for early intervention services.

Sec. 15. new text beginRULEMAKING AUTHORITY.
new text end

new text begin The commissioner of education shall amend Minnesota Rules related to the
provision of special education under Part C of the Individuals with Disabilities Education
Act using the expedited rulemaking process in Minnesota Statutes, section 14.389. The
commissioner shall amend rules in response to new federal regulations in Code of
Federal Regulations, title 34, part 303, including definitions of and procedures related to
evaluation and assessment, including assessment of the child and family, initial evaluation
and assessment, native language, the use of informed clinical opinion as an independent
basis to establish eligibility, and transition of a toddler from Part C consistent with Code
of Federal Regulations, title 34, sections 303.24, 303.25, and 303.321.
new text end

Sec. 16. new text beginAPPROPRIATION.
new text end

new text begin $....... is appropriated from the general fund in fiscal year 2014 to the commissioner
of education to help school districts address the needs of children subject to a high use
of prone restraints under Minnesota Statutes, sections 125A.0941 and 125A.0942, and
work with the commissioner of human services to coordinate appropriations, resources,
and staff expertise to help these children.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2013.
new text end

Sec. 17. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2012, section 125A.35, subdivisions 4 and 5, new text end new text begin are repealed.
new text end

ARTICLE 6

EARLY CHILDHOOD

Section 1.

Laws 2011, First Special Session chapter 11, article 7, section 2, subdivision
8, as amended by Laws 2012, chapter 239, article 3, section 4, is amended to read:


Subd. 8.

Early childhood education scholarships.

For grants to early childhood
education scholarships for public or private early childhood preschool programs for
children ages 3 to 5:

$
2,000,000
.....
2013

(a) All children whose parents or legal guardians meet the eligibility requirements
of paragraph (b) established by the commissioner are eligible to receive early childhood
education scholarships under this section.

(b) A parent or legal guardian is eligible for an early childhood education scholarship
if the parent or legal guardian:

(1) has a child three or four years of age on September 1, beginning in calendar
year 2012; and

(2)(i) has income equal to or less than 47 percent of the state median income in the
current calendar year; or

(ii) can document their child's identification through another public funding
eligibility process, including the Free and Reduced Price Lunch Program, National School
Lunch Act, United States Code, title 42, section 1751, part 210; Head Start under federal
Improving Head Start for School Readiness Act of 2007; Minnesota family investment
program under chapter 256J; and child care assistance programs under chapter 119B.
new text begin Early childhood scholarships may not be counted as earned income for the purposes of
medical assistance, MinnesotaCare, MFIP, child care assistance, or Head Start programs.
new text end

Each year, if this appropriation is insufficient to provide early childhood education
scholarships to all eligible children, the Department of Education shall make scholarships
available on a first-come, first-served basis.

The commissioner of education shall submit a written report to the education
committees of the legislature by January 15, 2012, describing its plan for implementation
of scholarships under this subdivision for the 2012-2013 school year.

Any balance in the first year does not cancel but is available in the second year.

The base for this program is $3,000,000 each year.