HF 1179

1st Engrossment - 86th Legislature (2009 - 2010) Posted on 02/09/2010 01:45am

A bill for an act
relating to education; providing for prekindergarten through grade 12 education,
including general education, education excellence, special programs, libraries,
and self-sufficiency and lifelong learning; making technical corrections;
amending Minnesota Statutes 2008, sections 16A.06, subdivision 11; 120A.40;
120B.021, subdivision 1; 120B.022, subdivision 1; 120B.024; 120B.13,
subdivision 1; 120B.30; 120B.31; 120B.35; 120B.36; 121A.15, subdivision 8;
121A.41, subdivision 7; 122A.07, subdivisions 2, 3; 122A.18, subdivision 4;
122A.31, subdivision 4; 122A.40, subdivisions 6, 8; 122A.41, subdivisions 3, 5;
122A.413, subdivision 2; 122A.414, subdivisions 2, 2b; 122A.60, subdivision
2; 123A.05; 123A.06; 123A.08; 123B.03, subdivision 1; 123B.14, subdivision
7; 123B.51, by adding a subdivision; 123B.77, subdivision 3; 123B.81,
subdivisions 3, 4, 5; 123B.83, subdivision 3; 124D.095, subdivisions 2, 3, 4, 7,
10; 124D.128, subdivisions 2, 3; 124D.68, subdivisions 2, 3, 4, 5; 124D.83,
subdivision 4; 125A.02; 125A.07; 125A.08; 125A.091; 125A.11, subdivision
1; 125A.15; 125A.28; 125A.51; 125A.57, subdivision 2; 125A.62, subdivision
8; 125A.63, subdivisions 2, 4; 125A.744, subdivision 3; 125A.76, subdivision
1; 126C.05, subdivisions 2, 15, 20; 126C.10, subdivisions 2, 34; 126C.15,
subdivisions 2, 4; 126C.40, subdivision 6; 127A.08, by adding a subdivision;
127A.47, subdivisions 5, 7; 134.31, subdivision 4a, by adding a subdivision;
171.05, subdivision 2; 171.17, subdivision 1; 171.22, subdivision 1; 181A.05,
subdivision 1; 299A.297; proposing coding for new law in Minnesota Statutes,
chapters 120B; 125A; 127A; repealing Minnesota Statutes 2008, sections
120B.362; 121A.27; 121A.43; 121A.66; 121A.67, subdivision 1; 125A.03;
125A.05; 125A.18; Minnesota Rules, parts 3525.0210, subparts 5, 6, 9, 13, 17,
29, 30, 34, 43, 46, 47; 3525.0400; 3525.1100, subpart 2, item F; 3525.2445;
3525.2900, subpart 5; 3525.4220.

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

ARTICLE 1

GENERAL EDUCATION

Section 1.

Minnesota Statutes 2008, section 16A.06, subdivision 11, is amended to read:

Subd. 11.

Permanent school fund reporting.

The commissioner shall biannually
report to the Permanent School Fund Advisory Committee and the legislature deleted text begin on the
management of the permanent school trust fund that shows how the commissioner deleted text end new text begin the
amount of the permanent school fund transfer and information about the investment of the
permanent school fund provided by the State Board of Investment. The State Board of
Investment shall provide information about how they new text end maximized the long-term economic
return of the permanent school deleted text begin trust deleted text end fund.

Sec. 2.

Minnesota Statutes 2008, section 120A.40, is amended to read:

120A.40 SCHOOL CALENDAR.

(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, a district must not commence an elementary or secondary school year before
Labor Day, except as provided under paragraph (b). Days devoted to teachers' workshops
may be held before Labor Day. Districts that enter into cooperative agreements are
encouraged to adopt similar school calendars.

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

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

new 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
new text end

deleted text begin A school deleted text end new text begin (3) if the new text end district deleted text begin that deleted text end agrees to the same schedule with a school district
in an adjoining state deleted text begin also may begin the school year before Labor Day as authorized
under this paragraph deleted text end .

Sec. 3.

Minnesota Statutes 2008, section 123B.77, subdivision 3, is amended to read:

Subd. 3.

Statement for comparison and correction.

(a) By November 30 of the
calendar year of the submission of the unaudited financial data, the district must provide to
the commissioner audited financial data for the preceding fiscal year. The audit must be
conducted in compliance with generally accepted governmental auditing standards, the
federal Single Audit Act, and the Minnesota legal compliance guide issued by the Office
of the State Auditor. An audited financial statement prepared in a form which will allow
comparison with and correction of material differences in the unaudited financial data
shall be submitted to the commissioner and the state auditor by December 31. The audited
financial statement must also provide a statement of assurance pertaining to uniform
financial accounting and reporting standards compliance and a copy of the management
letter submitted to the district by the school district's auditor.

(b) By deleted text begin January deleted text end new text begin February new text end 15 of the calendar year following the submission of the
unaudited financial data, the commissioner shall convert the audited financial data
required by this subdivision into the consolidated financial statement format required
under subdivision 1a and publish the information on the department's Web site.

Sec. 4.

Minnesota Statutes 2008, section 123B.83, subdivision 3, is amended to read:

Subd. 3.

Failure to limit expenditures.

If a district does not limit its expenditures in
accordance with this section, the commissioner may so notify the appropriate committees
of the legislature by no later than deleted text begin January 1 deleted text end new text begin February 15 new text end of the year following the end
of that fiscal year.

Sec. 5.

Minnesota Statutes 2008, section 125A.11, subdivision 1, is amended to read:

Subdivision 1.

Nonresident tuition rate; other costs.

(a) For fiscal year 2006,
when a school district provides instruction and services outside the district of residence,
board and lodging, and any tuition to be paid, shall be paid by the district of residence.
The tuition rate to be charged for any child with a disability, excluding a pupil for whom
tuition is calculated according to section 127A.47, subdivision 7, paragraph (d), must be
the sum of (1) the actual cost of providing special instruction and services to the child
including a proportionate amount for special transportation and unreimbursed building
lease and debt service costs for facilities used primarily for special education, plus (2)
the amount of general education revenue and referendum aid attributable to the pupil,
minus (3) the amount of special education aid for children with a disability received
on behalf of that child, minus (4) if the pupil receives special instruction and services
outside the regular classroom for more than 60 percent of the school day, the amount of
general education revenue and referendum aid, excluding portions attributable to district
and school administration, district support services, operations and maintenance, capital
expenditures, and pupil transportation, attributable to that pupil for the portion of time
the pupil receives special instruction and services outside of the regular classroom. If
the boards involved do not agree upon the tuition rate, either board may apply to the
commissioner to fix the rate. Notwithstanding chapter 14, the commissioner must then set
a date for a hearing or request a written statement from each board, giving each board
at least ten days' notice, and after the hearing or review of the written statements the
commissioner must make an order fixing the tuition rate, which is binding on both school
districts. General education revenue and referendum equalization aid attributable to a
pupil must be calculated using the resident district's average general education revenue
and referendum equalization aid per adjusted pupil unit.

(b) For fiscal year 2007 and later, when a school district provides special instruction
and services for a pupil with a disability as defined in section 125A.02 outside the district
of residence, excluding a pupil for whom an adjustment to special education aid is
calculated according to section 127A.47, subdivision 7, paragraph (e), special education
aid paid to the resident district must be reduced by an amount equal to (1) the actual
cost of providing special instruction and services to the pupil, including a proportionate
amount for special transportation and unreimbursed building lease and debt service costs
for facilities used primarily for special education, plus (2) the amount of general education
revenue and referendum equalization aid attributable to that pupil, calculated using the
resident district's average general education revenue and referendum equalization aid
per adjusted pupil unit excluding basic skills revenue, elementary sparsity revenue and
secondary sparsity revenue, minus (3) the amount of special education aid for children
with a disability received on behalf of that child, minus (4) if the pupil receives special
instruction and services outside the regular classroom for more than 60 percent of the
school day, the amount of general education revenue and referendum equalization aid,
excluding portions attributable to district and school administration, district support
services, operations and maintenance, capital expenditures, and pupil transportation,
attributable to that pupil for the portion of time the pupil receives special instruction
and services outside of the regular classroom, calculated using the resident district's
average general education revenue and referendum equalization aid per adjusted pupil unit
excluding basic skills revenue, elementary sparsity revenue and secondary sparsity revenue
and the serving district's basic skills revenue, elementary sparsity revenue and secondary
sparsity revenue per adjusted pupil unit. Notwithstanding clauses (1) and (4), for pupils
served by a cooperative unit without a fiscal agent school district, the general education
revenue and referendum equalization aid attributable to a pupil must be calculated using
the resident district's average general education revenue and referendum equalization aid
excluding new text begin compensatory revenue, new text end elementary sparsity revenue new text begin , new text end and secondary sparsity
revenue. Special education aid paid to the district or cooperative providing special
instruction and services for the pupil must be increased by the amount of the reduction in
the aid paid to the resident district. Amounts paid to cooperatives under this subdivision
and section 127A.47, subdivision 7, shall be recognized and reported as revenues and
expenditures on the resident school district's books of account under sections 123B.75
and 123B.76. If the resident district's special education aid is insufficient to make the full
adjustment, the remaining adjustment shall be made to other state aid due to the district.

(c) Notwithstanding paragraphs (a) and (b) and section 127A.47, subdivision 7,
paragraphs (d) and (e), a charter school where more than 30 percent of enrolled students
receive special education and related services, a site approved under section 125A.515,
an intermediate district, a special education cooperative, or a school district that served
as the applicant agency for a group of school districts for federal special education aids
for fiscal year 2006 may apply to the commissioner for authority to charge the resident
district an additional amount to recover any remaining unreimbursed costs of serving
pupils with a disability. The application must include a description of the costs and the
calculations used to determine the unreimbursed portion to be charged to the resident
district. Amounts approved by the commissioner under this paragraph must be included
in the tuition billings or aid adjustments under paragraph (a) or (b), or section 127A.47,
subdivision 7, paragraph (d) or (e), as applicable.

(d) For purposes of this subdivision and section 127A.47, subdivision 7, paragraphs
(d) and (e), "general education revenue and referendum equalization aid" means the sum
of the general education revenue according to section 126C.10, subdivision 1, excluding
alternative teacher compensation revenue, plus the referendum equalization aid according
to section 126C.17, subdivision 7, as adjusted according to section 127A.47, subdivision
7, paragraphs (a) to (c).

Sec. 6.

Minnesota Statutes 2008, section 126C.05, subdivision 2, is amended to read:

Subd. 2.

Foreign exchange pupils.

Notwithstanding section 124D.02, subdivision
3, or any other law to the contrary, a foreign exchange pupil enrolled in a district under a
cultural exchange program new text begin registered with the Office of the Secretary of State under
section 5A.02 new text end may be counted as a resident pupil for the purposes of this chapter
and chapters 120B, 122A, 123A, 123B, 124D, 125A, and 127A, even if the pupil has
graduated from high school or the equivalent.

Sec. 7.

Minnesota Statutes 2008, section 126C.10, subdivision 2, is amended to read:

Subd. 2.

Basic revenue.

The basic revenue for each district equals the formula
allowance times the adjusted marginal cost pupil units for the school year. The formula
allowance for fiscal year 2007 is $4,974. The formula allowance for fiscal year 2008 is
$5,074 and the formula allowance for fiscal year 2009 and subsequent years is deleted text begin $5,124 deleted text end new text begin
$....... new text end .

new text begin EFFECTIVE DATE. new text end

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

Sec. 8.

Minnesota Statutes 2008, section 126C.15, subdivision 2, is amended to read:

Subd. 2.

Building allocation.

(a) A district must allocate its compensatory
revenue to each school building in the district where the children who have generated the
revenue are served unless the school district has received permission under Laws 2005,
First Special Session chapter 5, article 1, section 50, to allocate compensatory revenue
according to student performance measures developed by the school board.

(b) Notwithstanding paragraph (a), a district may allocate up to five percent of the
amount of compensatory revenue that the district receives to school sites according to a
plan adopted by the school board. The money reallocated under this paragraph must be
spent for the purposes listed in subdivision 1, but may be spent on students in any grade,
including students attending school readiness or other prekindergarten programs.

(c) For the purposes of this section and section 126C.05, subdivision 3, "building"
means education site as defined in section 123B.04, subdivision 1.

(d) deleted text begin If the pupil is served at a site other than one owned and operated by the district,
the revenue shall be paid to the district and used for services for pupils who generate
the revenue deleted text end new text begin Notwithstanding section 123A. 26, subdivision 1, compensatory revenue
generated by students served at a cooperative unit shall be paid to the cooperative unit new text end .

(e) A district with school building openings, school building closings, changes
in attendance area boundaries, or other changes in programs or student demographics
between the prior year and the current year may reallocate compensatory revenue among
sites to reflect these changes. A district must report to the department any adjustments it
makes according to this paragraph and the department must use the adjusted compensatory
revenue allocations in preparing the report required under section 123B.76, subdivision 3,
paragraph (c).

Sec. 9.

Minnesota Statutes 2008, section 126C.15, subdivision 4, is amended to read:

Subd. 4.

Separate accounts.

Each district new text begin and cooperative unit new text end that receives basic
skills revenue shall maintain separate accounts to identify expenditures for salaries and
programs related to basic skills revenue.

Sec. 10.

Minnesota Statutes 2008, section 126C.40, subdivision 6, is amended to read:

Subd. 6.

Lease purchase; installment buys.

(a) Upon application to, and approval
by, the commissioner in accordance with the procedures and limits in subdivision 1,
paragraphs (a) and (b), a district, as defined in this subdivision, may:

(1) purchase real or personal property under an installment contract or may lease
real or personal property with an option to purchase under a lease purchase agreement, by
which installment contract or lease purchase agreement title is kept by the seller or vendor
or assigned to a third party as security for the purchase price, including interest, if any; and

(2) annually levy the amounts necessary to pay the district's obligations under the
installment contract or lease purchase agreement.

(b) The obligation created by the installment contract or the lease purchase
agreement must not be included in the calculation of net debt for purposes of section
475.53, and does not constitute debt under other law. An election is not required in
connection with the execution of the installment contract or the lease purchase agreement.

(c) The proceeds of the levy authorized by this subdivision must not be used to
acquire a facility to be primarily used for athletic or school administration purposes.

(d) For the purposes of this subdivision, "district" means:

(1) a school district deleted text begin required to have a comprehensive plan for the elimination of
segregation deleted text end new text begin which is eligible for revenue under section 124D.86, subdivision 3, clause (1),
(2), or (3), and new text end whose plan has been determined by the commissioner to be in compliance
with Department of Education rules relating to equality of educational opportunity and
school desegregation and, for a district eligible for revenue under section 124D.86,
subdivision 3, clause (4) new text begin or (5) new text end , where the acquisition of property under this subdivision is
determined by the commissioner to contribute to the implementation of the desegregation
plan; or

(2) a school district that participates in a joint program for interdistrict desegregation
with a district defined in clause (1) if the facility acquired under this subdivision is to
be primarily used for the joint program and the commissioner determines that the joint
programs are being undertaken to implement the districts' desegregation plan.

(e) Notwithstanding subdivision 1, the prohibition against a levy by a district to lease
or rent a district-owned building to itself does not apply to levies otherwise authorized
by this subdivision.

(f) For the purposes of this subdivision, any references in subdivision 1 to building
or land shall include personal property.

Sec. 11.

Minnesota Statutes 2008, section 127A.47, subdivision 7, is amended to read:

Subd. 7.

Alternative attendance programs.

The general education aid and special
education aid for districts must be adjusted for each pupil attending a nonresident district
under sections 123A.05 to 123A.08, 124D.03, 124D.08, and 124D.68. The adjustments
must be made according to this subdivision.

(a) General education aid paid to a resident district must be reduced by an amount
equal to the referendum equalization aid attributable to the pupil in the resident district.

(b) General education aid paid to a district serving a pupil in programs listed in this
subdivision must be increased by an amount equal to the greater of (1) the referendum
equalization aid attributable to the pupil in the nonresident district; or (2) the product of
the district's open enrollment concentration index, the maximum amount of referendum
revenue in the first tier, and the district's net open enrollment pupil units for that year. A
district's open enrollment concentration index equals the greater of: (i) zero, or (ii) the
lesser of 1.0, or the difference between the district's ratio of open enrollment pupil units
served to its resident pupil units for that year and 0.2. This clause does not apply to a
school district where more than 50 percent of the open enrollment students are enrolled
solely in online learning courses.

(c) If the amount of the reduction to be made from the general education aid of the
resident district is greater than the amount of general education aid otherwise due the
district, the excess reduction must be made from other state aids due the district.

(d) For fiscal year 2006, the district of residence must pay tuition to a district or an
area learning center, operated according to paragraph (f), providing special instruction and
services to a pupil with a disability, as defined in section 125A.02, or a pupil, as defined in
section 125A.51, who is enrolled in a program listed in this subdivision. The tuition must
be equal to (1) the actual cost of providing special instruction and services to the pupil,
including a proportionate amount for special transportation and unreimbursed building
lease and debt service costs for facilities used primarily for special education, minus (2)
if the pupil receives special instruction and services outside the regular classroom for
more than 60 percent of the school day, the amount of general education revenue and
referendum aid attributable to that pupil for the portion of time the pupil receives special
instruction and services outside of the regular classroom, excluding portions attributable to
district and school administration, district support services, operations and maintenance,
capital expenditures, and pupil transportation, minus (3) special education aid attributable
to that pupil, that is received by the district providing special instruction and services.
For purposes of this paragraph, general education revenue and referendum equalization
aid attributable to a pupil must be calculated using the serving district's average general
education revenue and referendum equalization aid per adjusted pupil unit.

(e) For fiscal year 2007 and later, special education aid paid to a resident district
must be reduced by an amount equal to (1) the actual cost of providing special instruction
and services, including special transportation and unreimbursed building lease and debt
service costs for facilities used primarily for special education, for a pupil with a disability,
as defined in section 125A.02, or a pupil, as defined in section 125A.51, who is enrolled
in a program listed in this subdivision, minus (2) if the pupil receives special instruction
and services outside the regular classroom for more than 60 percent of the school day,
the amount of general education revenue and referendum equalization aid attributable
to that pupil for the portion of time the pupil receives special instruction and services
outside of the regular classroom, excluding portions attributable to district and school
administration, district support services, operations and maintenance, capital expenditures,
and pupil transportation, minus (3) special education aid attributable to that pupil, that is
received by the district providing special instruction and services. For purposes of this
paragraph, general education revenue and referendum equalization aid attributable to a
pupil must be calculated using the serving district's average general education revenue
and referendum equalization aid per adjusted pupil unit. Special education aid paid to the
district or cooperative providing special instruction and services for the pupil, or to the
fiscal agent district for a cooperative, must be increased by the amount of the reduction
in the aid paid to the resident district. If the resident district's special education aid is
insufficient to make the full adjustment, the remaining adjustment shall be made to other
state aids due to the district.

(f) An area learning center operated by a service cooperative, intermediate district,
education district, or a joint powers cooperative may elect through the action of the
constituent boards to charge the resident district tuition for pupils rather than to have the
general education revenue paid to a fiscal agent school district. Except as provided in
paragraph (d) or (e), the district of residence must pay tuition equal to at least 90 percent of
the district average general education revenue per pupil unit minus an amount equal to the
product of the formula allowance according to section 126C.10, subdivision 2, times .0485,
calculated without deleted text begin basic skills deleted text end new text begin compensatory new text end revenue and transportation sparsity revenue,
times the number of pupil units for pupils attending the area learning center deleted text begin , plus the
amount of compensatory revenue generated by pupils attending the area learning center deleted text end .

ARTICLE 2

EDUCATION EXCELLENCE

Section 1.

Minnesota Statutes 2008, section 120B.022, subdivision 1, is amended to
read:

Subdivision 1.

Elective standards.

(a) A district must establish its own standards in
the following subject areas:

(1) vocational and technical education; and

(2) world languages.

A school district must offer courses in all elective subject areas.

(b) World languages teachers and other school staff should develop and implement
world languages programs that acknowledge and reinforce the language proficiency and
cultural awareness that non-English language speakers already possess, and encourage
students' proficiency in multiple world languages. Programs under this paragraph must
encompass indigenous American Indian languages and cultures, among other world
languages and cultures. The department shall consult with postsecondary institutions in
developing related professional development opportunities.

new text begin (c) Any Minnesota public, charter, or nonpublic school may award Minnesota
World Language Proficiency Certificates or Minnesota World Language Proficiency High
Achievement Certificates, consistent with this subdivision.
new text end

new text begin The Minnesota World Language Proficiency Certificate recognizes students who
demonstrate listening, speaking, reading, and writing language skills at the American
Council on the Teaching of Foreign Languages' Intermediate-Low level on a valid and
reliable assessment tool. For languages listed as Category 3 by the United States Foreign
Service Institute or Category 4 by the United States Defense Language Institute, the
standard is Intermediate-Low for listening and speaking and Novice-High for reading
and writing.
new text end

new text begin The Minnesota World Language Proficiency High Achievement Certificate
recognizes students who demonstrate listening, speaking, reading, and writing language
skills at the American Council on the Teaching of Foreign Languages' Pre-Advanced level
for K-12 learners on a valid and reliable assessment tool. For languages listed as Category
3 by the United States Foreign Service Institute or Category 4 by the United States
Defense Language Institute, the standard is Pre-Advanced for listening and speaking and
Intermediate-Mid for reading and writing.
new text end

Sec. 2.

Minnesota Statutes 2008, section 120B.024, is amended to read:

120B.024 GRADUATION REQUIREMENTS; COURSE CREDITS.

(a) Students beginning 9th grade in the 2004-2005 school year and later must
successfully complete the following high school level course credits for graduation:

(1) four credits of language arts;

(2) three credits of mathematics, encompassing at least algebra, geometry, statistics,
and probability sufficient to satisfy the academic standard;

(3) three credits of science, including at least one credit in biology;

(4) 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 department;

(5) one credit in the arts; and

(6) a minimum of seven elective course credits.

A course credit is equivalent to a student successfully completing an academic
year of study or a student mastering the applicable subject matter new text begin of the state academic
standards or local academic standards where state standards do not apply new text end , as determined
by the local school district.

(b) An agriculture science course may fulfill a science credit requirement in addition
to the specified science credits in biology and chemistry or physics under paragraph (a),
clause (3).

(c) A career and technical education course may fulfill a science, mathematics, or
arts credit requirement in addition to the specified science, mathematics, or arts credits
under paragraph (a), clause (2), (3), or (5).

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2012, and applies to
students entering grade 9 in the 2012-2013 school year and later.
new text end

Sec. 3.

new text begin [120B.0245] EDUCATIONAL INNOVATION.
new text end

new text begin (a) A school district must use five percent of the increased basic revenue it
receives each year to implement evidence-based innovation premised on research-based
curriculum, instruction, and other education measures and practices that are known to
improve academic performance for diverse groups of students. To this end, the school
district must develop and implement a comprehensive plan to narrow and eliminate
differences in student academic achievement in reading, math, and science based on
student measures of mobility, attendance, race and ethnicity, gender, English language
learner status, eligibility for free or reduced price lunch, and special education. A school
district must file its plan with the commissioner that describes how the district proposes
to use its innovation revenue to supplement state reading requirements under section
120B.12, subdivision 1, and state math and science requirements under section 120B.023,
subdivision 2, paragraphs (b) and (d), and improve student outcomes. The plan must
identify specific education goals and the indicators to demonstrate progress toward
achieving those goals. Once the commissioner approves the district's plan, the district
must spend its innovation revenue consistent with that plan.
new text end

new text begin (b) A district under paragraph (a) must:
new text end

new text begin (1) pursue specific education goals premised on (i) efficient use of resources, (ii)
performance incentives for educators that take into account variables in educational
performance, and (iii) continuous adaptation of best teaching practices;
new text end

new text begin (2) show how evidence-based practices, efficient use of resources, and data-informed
evaluations enable the district to achieve its goals under clause (1); and
new text end

new text begin (3) use the district's measures under clause (2) to demonstrate to the commissioner
the amount of progress the district achieved toward realizing its goals.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for the 2014-2015 school year and
later.
new text end

Sec. 4.

Minnesota Statutes 2008, section 120B.13, subdivision 1, is amended to read:

Subdivision 1.

Program structure; training programs for teachers.

(a) The
advanced placement and international baccalaureate programs are well-established
academic programs for mature, academically directed high school students. These
programs, in addition to providing academic rigor, offer sound curricular design,
accountability, comprehensive external assessment, feedback to students and teachers,
and the opportunity for high school students to compete academically on a global level.
Advanced placement and international baccalaureate programs allow students to leave
high school with the academic skills and self-confidence to succeed in college and
beyond. The advanced placement and international baccalaureate programs help provide
Minnesota students with world-class educational opportunity.

(b) Critical to schools' educational success is ongoing advanced
placement/international baccalaureate-approved teacher training. A secondary teacher
assigned by a district to teach an advanced placement or international baccalaureate course
or other interested educator may participate in a training program offered by The College
Board or International Baccalaureate North America, Inc. The state may pay a portion
of the tuition, room, board, and out-of-state travel costs a teacher or other interested
educator incurs in participating in a training program. The commissioner shall determine
application procedures and deadlines, select teachers and other interested educators to
participate in the training program, and determine the payment process and amount of the
subsidy. The procedures determined by the commissioner shall, to the extent possible,
ensure that advanced placement and international baccalaureate courses become available
in all parts of the state and that a variety of course offerings are available in school districts.
This subdivision does not prevent teacher or other interested educator participation in
training programs offered by The College Board or International Baccalaureate North
America, Inc., when tuition is paid by a source other than the state.

new text begin (c) The commissioner may award state-funded competitive grants designed to create
advanced placement summer training institutes for secondary teachers. Two-year grants,
beginning and ending on October 1, may be awarded to Minnesota institutions of higher
education that comply with the training requirements outlined by the College Board. The
commissioner shall determine award criteria and the selection process.
new text end

Sec. 5.

new text begin [120B.299] DEFINITIONS.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. 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 Adequate yearly progress. new text end

new text begin A school or district makes "adequate yearly
progress" if, for every student subgroup under the federal 2001 No Child Left Behind
Act in the school or district, its proficiency index or other approved adjustments for
performance, based on statewide assessment scores, meets or exceeds federal expectations.
To make adequate yearly progress, the school or district also must satisfy applicable
federal requirements related to student attendance, graduation, and test participation rates.
new text end

new text begin Subd. 3. new text end

new text begin Growth. new text end

new text begin "Growth" compares the difference in a student's achievement
score at two or more distinct points in time.
new text end

new text begin Subd. 4. new text end

new text begin Growth and progress toward proficiency. new text end

new text begin The categories of low growth,
medium growth, and high growth shall be used to indicate both growth and progress
toward grade-level proficiency that is consistent with subdivision 8.
new text end

new text begin Subd. 5. new text end

new text begin High growth. new text end

new text begin "High growth" is an assessment score one-half standard
deviation or more above the state growth target.
new text end

new text begin Subd. 6. new text end

new text begin Low growth. new text end

new text begin "Low growth" is an assessment score one-half standard
deviation below the state growth target.
new text end

new text begin Subd. 7. new text end

new text begin Medium growth. new text end

new text begin "Medium growth" is an assessment score within one-half
standard deviation above or below the state growth target.
new text end

new text begin Subd. 8. new text end

new text begin Proficiency. new text end

new text begin "Proficiency" for purposes of reporting growth on school
performance report cards under section 120B.36, subdivision 1, means those students
who, in the previous school year, scored at or above "meets standards" on the statewide
assessments under section 120B.30. Each year, school performance report cards must
separately display: (1) the numbers and percentages of students who achieved low growth,
medium growth, and high growth and achieved proficiency in the previous school year;
and (2) the numbers and percentages of students who achieved low growth, medium
growth, and high growth and did not achieve proficiency in the previous school year.
new text end

new text begin Subd. 9. new text end

new text begin State growth target. new text end

new text begin (a) "State growth target" is the average year-two
assessment scores for students with similar year-one assessment scores.
new text end

new text begin (b) The state growth targets for each grade and subject are benchmarked as follows
until the assessment scale changes:
new text end

new text begin (1) beginning in the 2008-2009 school year, the state growth target for grades 3 to 8
is benchmarked to 2006-2007 and 2007-2008 school year data;
new text end

new text begin (2) beginning in the 2008-2009 school year the state growth target for grade 10 is
benchmarked to 2005-2006 and 2006-2007 school year data;
new text end

new text begin (3) for the 2008-2009 school year, the state growth target for grade 11 is
benchmarked to 2005-2006 school year data; and
new text end

new text begin (4) beginning in the 2009-2010 school year, the state growth target for grade 11 is
benchmarked to 2005-2006 and 2006-2007 school year data.
new text end

new text begin (c) Each time before the assessment scale changes, a stakeholder group that includes
assessment and evaluation directors and staff and researchers must recommend a new
state growth target that the commissioner must consider when revising standards under
section 120B.023, subdivision 2.
new text end

new text begin Subd. 10. new text end

new text begin Value added. new text end

new text begin "Value added" is the amount of achievement a student
demonstrates above an established baseline. The difference between the student's score
and the baseline defines value added.
new text end

new text begin Subd. 11. new text end

new text begin Value-added growth. new text end

new text begin "Value-added growth" is based on a student's
growth score. In a value-added growth system, the student's first test is the baseline, and
the difference between the student's first and next test scores within a defined period is the
measure of value added. Value-added growth models use student-level data to measure
what portion of a student's growth can be explained by inputs related to the educational
environment.
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. 6.

Minnesota Statutes 2008, section 120B.30, is amended to read:

120B.30 STATEWIDE TESTING AND REPORTING SYSTEM.

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 begin from and deleted text end new text begin to be computer-adaptive
reading and mathematics assessments for general education students that are new text end aligned with
the state's required academic standards under section 120B.021 new text begin , include both multiple
choice and constructed response questions, new text end and new text begin are new text end administered annually to all students
in grades 3 through 8 deleted text begin and at the high school level deleted text end . deleted text begin A deleted text end State-developed deleted text begin test deleted text end new text begin high school
tests aligned with the state's required academic standards under section 120B.021 and
administered to all high school students new text end in a subject other than writing deleted text begin , developed after
the 2002-2003 school year, deleted text end must include both deleted text begin machine-scoreable deleted text end new text begin multiple choice new text end and
constructed response questions. The commissioner shall establish one or more months
during which schools shall administer the tests to students each school year. new text begin Schools
that the commissioner identifies for stand-alone field testing or other national sampling
must participate as directed. Superintendents or charter school directors may appeal in
writing to the commissioner for an exemption from a field test based on undue hardship.
The commissioner's decision regarding the appeal is final. new text end For students enrolled in
grade 8 before the 2005-2006 school year, deleted text begin only deleted text end 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 deleted text begin in 1997 and
thereafter, as deleted text end based on the first uniform test deleted text begin administration of deleted text end new text begin administered in new text end February
1998. new text begin Students who have not successfully passed a Minnesota basic skills test by the end
of the 2011-2012 school year must pass the graduation-required assessments for diploma
under paragraph (b).
new text end

(b) For students enrolled in grade 8 in the 2005-2006 school year and later, only the
following options shall fulfill students' state graduation test requirements:

(1) for reading and mathematics:

(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;

(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
language learners or the graduation-required assessment for diploma equivalent of those
assessments for students designated as English language learners;

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

(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 individual education plan; or

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

(2) for writing:

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

(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
language learners;

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

(iv) achieving an individual passing score on the state-identified alternate assessment
or assessments as determined by appropriate state guidelines for students with an
individual education plan.

(c) new text begin Students 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 (b) are eligible to receive a high school diploma
with a passing state notation if they:
new text end

new 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;
new text end

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

new text begin (3) fully participate in at least two retest attempts after the initial spring
administration of the mathematics graduation-required assessment for diploma or until
they pass the mathematics graduation-required assessment for diploma, whichever
comes first. A school board issuing a student a high school diploma in any school year
from the 2009-2010 school year through the 2013-2014 school year must record on the
student's high school transcript the student's score on the mathematics graduation-required
assessments for diploma under this subdivision.
new text end

new text begin In addition, the school board granting the 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.
new text end

new text begin (d) new text end The 3rd through 8th grade new text begin computer-adaptive assessments new text end and high school deleted text begin level deleted text end
test results shall be available to districts for diagnostic purposes affecting student learning
and district instruction and curriculum, and for establishing educational accountability.
The commissioner must disseminate to the public the new text begin computer-adaptive assessments and
high school new text end test results upon receiving those results.

deleted text begin (d) State deleted text end new text begin (e) The 3rd through 8th grade computer-adaptive assessments and
high school new text end tests must be deleted text begin constructed and deleted text end aligned with state academic standards. The new text begin
commissioner shall determine the new text end testing process and the order of administration deleted text begin shall be
determined by the commissioner deleted text end . The statewide results shall be aggregated at the site and
district level, consistent with subdivision 1a.

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

(1) uniform statewide testing of all students in grades 3 through 8 and at the high
school level that provides appropriate, technically sound accommodations deleted text begin , deleted text end new text begin or new text end alternate
assessments deleted text begin , or exemptions consistent with applicable federal law, only with parent or
guardian approval, for those very few students for whom the student's individual education
plan team under sections 125A.05 and 125A.06 determines that the general statewide test
is inappropriate for a student, or for a limited English proficiency student under section
124D.59, subdivision 2 deleted 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.

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 "Above-grade level" test items contain subject area content that is above the grade
level of the student taking the assessment and are considered aligned with state academic
standards to the extent they are 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 "Below-grade level" test items contain subject area content that is below the grade
level of the student taking the test and are considered aligned with state academic standards
to the extent they are 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 "Computer-adaptive assessments" means fully adaptive assessments or partially
adaptive assessments.
new text end

new text begin "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 "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 "Partially adaptive assessments" include two portions of test items, where one
portion is limited to on-grade level test items and a second portion includes test items that
are on-grade level or above or below a student's grade level.
new text end

new text begin (b) The commissioner must use fully adaptive assessments to the extent no net loss
of federal and state funds occurs as a result of using these assessments. If a net loss of
federal and state funds were to occur under this subdivision, then the commissioner must
use partially adaptive assessments to meet existing federal educational accountability
requirements.
new text end

new text begin (c) For purposes of conforming with existing federal educational accountability
requirements, new text end the commissioner must deleted text begin develop deleted text end new text begin implement computer-adaptive new text end reading deleted text begin , deleted text end new text begin
and new text end mathematics deleted text begin , and science deleted text end assessments new text begin for grades 3 through 8, state-developed
high school reading and mathematics tests new text end aligned with state academic standards new text begin , and
science assessments under clause (2) new text end 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) annual new text begin computer-adaptive new text end reading and mathematics assessments in grades 3
through 8 new text begin , new text end and deleted text begin at the high school level for the 2005-2006 school year and later deleted text end new text begin high school
reading and mathematics tests new text end ; and

(2) annual science assessments in one grade in the grades 3 through 5 span, the
grades 6 through deleted text begin 9 deleted text end new text begin 8 new text end span, and a life sciences assessment in the grades deleted text begin 10 deleted text end new text begin 9 new text end through 12
span deleted text begin for the 2007-2008 school year and later deleted text end new text begin , 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 end .

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

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

new text begin (ii) 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 (iii) parents, teachers, and school administrators are able to use elementary and
middle school student performance data to project student achievement in high school; and
new text end

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

new text begin When contracting for computer-adaptive assessments under this section, the
commissioner must give priority to contracting with providers able to offer school districts
an option of providing supplementary, locally financed formative assessments that align
with state academic standards.
new text end

deleted text begin (b) deleted text end new text begin (d) 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 end new text begin (e) 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 deleted text begin , by no later than the 2008-2009 school year, deleted text end a value-added deleted text begin component
that is in addition to a measure for student achievement growth over time deleted text end new text begin growth indicator
of student achievement under section 120B.35, subdivision 3, paragraph (b) new text end ; and

(3)(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

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

deleted text begin (d) deleted text end new text begin (f) new text end Consistent with applicable federal law and subdivision 1, paragraph (d),
clause (1), 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 students with limited English proficiency.

deleted text begin (e) deleted text end new text begin (g) new text end A school, school district, and charter school must administer statewide
assessments under this section, as the assessments become available, to evaluate student
deleted text begin progress in achieving the deleted text end new text begin proficiency in the context of the state's grade level new text end academic
standards. If 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. 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 (h) Annually by February 1, the commissioners of education and finance must certify
to the education policy and finance committees of the legislature that the assessments
required under this section have been implemented so as to:
new text end

new text begin (1) satisfy the requirements of this section at the lowest combined total cost to
the state and local schools and school districts in terms of test development and local
technology infrastructure; and
new text end

new text begin (2) eliminate duplicative testing.
new text end

Subd. 2.

Department of Education assistance.

The Department of Education
shall contract for professional and technical services according to competitive bidding
procedures under chapter 16C for purposes of this section.

Subd. 3.

Reporting.

The commissioner shall report test data publicly and to
stakeholders, including the performance achievement levels developed from students'
unweighted test scores in each tested subject and a listing of demographic factors that
strongly correlate with student performance. The commissioner shall also report data that
compares performance results among school sites, school districts, Minnesota and other
states, and Minnesota and other nations. The commissioner shall disseminate to schools
and school districts a more comprehensive report containing testing information that
meets local needs for evaluating instruction and curriculum.

Subd. 4.

Access to tests.

The commissioner must adopt and publish a policy
to provide public and parental access for review of basic skills tests, Minnesota
Comprehensive Assessments, or any other such statewide test and assessment. Upon
receiving a written request, the commissioner must make available to parents or guardians
a copy of their student's actual responses to the test questions deleted text begin to be reviewed by the
parent deleted text end new text begin for their review new text end .

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
Subdivision 1, paragraph (c), applies to the 2009-2010 through 2013-2014 school years
only. Notwithstanding any other law to the contrary, requirements related to the math
graduation-required assessment for diploma under this section are repealed June 30,
2014, and the commissioner of education must not implement any alternative to the
math graduation-required assessment for diploma without specific legislative authority.
Computer-adaptive test requirements apply to the 2010-2011 school year and later.
new text end

Sec. 7.

Minnesota Statutes 2008, section 120B.31, is amended to read:

120B.31 SYSTEM ACCOUNTABILITY AND STATISTICAL
ADJUSTMENTS.

Subdivision 1.

Educational accountability and public reporting.

Consistent
with the deleted text begin process deleted text end new text begin direction new text end to adopt deleted text begin a results-oriented graduation rule deleted text end new text begin statewide academic
standards new text end 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 deleted text begin higher deleted text end new text begin greater new text end academic
achievement new text begin , preparation for higher academic education, preparation for the world of
work, citizenship under sections 120B.021, subdivision 1, clause (4), and 120B.024,
paragraph (a), clause (4), and the arts new text end .

Subd. 2.

Statewide testing.

Each school year, all school districts shall give a
uniform statewide test to students at specified grades to provide information on the status,
needs and performance of Minnesota students.

Subd. 3.

Educational accountability.

(a) The Independent Office of Educational
Accountability, as authorized by Laws 1997, First Special Session chapter 4, article 5,
section 28, subdivision 2, is established, and shall be funded through the Board of Regents
of the University of Minnesota. The office shall advise the education committees of the
legislature and the commissioner of education, at least on a biennial basis, on new text begin :
new text end

new text begin (1) new text end the degree to which the statewide educational accountability and reporting system
includes a comprehensive assessment framework that measures school accountability
for students achieving the goals described in the state's deleted text begin results-oriented deleted text end new text begin high school new text end
graduation rule new text begin ;
new text end

new text begin (2) the completeness, integrity, and use of the information provided by the statewide
educational accountability and reporting system in the context of enabling legislators and
other stakeholders to make fully informed education policy decisions consistent with the
best and most current academic research available; and
new text end

new text begin (3) the impact the statewide educational accountability and reporting system has on
prekindergarten through grade 12 education policy, effectiveness, resource distribution,
and structure new text end .

new text begin (b) new text end The office shall determine and annually report to the legislature whether and
how effectively:

(1) the statewide system of educational accountability deleted text begin utilizes deleted text end new text begin uses new text end multiple
indicators to provide valid and reliable comparative and contextual data on students,
schools, districts, and the state, and if not, recommend ways to improve the accountability
reporting system;

(2) deleted text begin the commissioner makes statistical adjustments when reporting student data over
time, consistent with clause (4);
deleted text end

deleted text begin (3) the commissioner uses indicators of student achievement growth deleted text end new text begin a value-added
growth indicator of student achievement new text end over time deleted text begin and a value-added assessment model
that deleted text end estimates the effects of the school and school district on student achievement deleted text begin to
measure deleted text end new text begin and measures new text end school performance, consistent with section deleted text begin 120B.36, subdivision
1 deleted text end new text begin 120B.35, subdivision 3, paragraph (b) new text end ;
new text begin new text end

deleted text begin (4) the commissioner makes deleted text end new text begin (3) new text end data new text begin are new text end available on students who do not pass one
or more of the state's required GRAD tests and do not receive a diploma as a consequence,
and deleted text begin categorizes deleted text end these data new text begin are categorized new text end according to gender, race, eligibility for free
or reduced lunch, and English language proficiency; and

deleted text begin (5) the commissioner fulfills deleted text end new text begin (4) new text end the requirements under section 127A.095,
subdivision 2 new text begin , are met new text end .

deleted text begin (b) deleted text end new text begin (c) new text end When the office reviews the statewide educational accountability and
reporting system, it shall also consider:

(1) the objectivity and neutrality of the state's educational accountability system; and

(2) the impact of a testing program on school curriculum and student learning.

Subd. 4.

Statistical adjustments new text begin ; student performance data new text end .

In developing
policies and assessment processes to hold schools and districts accountable for high
levels of academic standards under section 120B.021, the commissioner shall aggregate
student data over time to report student performance new text begin and growth new text end levels measured at the
new text begin school, new text end school district, deleted text begin regional, or deleted text end new text begin and new text end statewide level. When collecting and reporting
the new text begin performance new text end data, the commissioner shall: (1) acknowledge the impact of significant
demographic factors such as residential instability, the number of single parent families,
parents' level of education, and parents' income level on school outcomes; and (2)
organize and report the data so that state and local policy makers can understand the
educational implications of changes in districts' demographic profiles over time. Any
report the commissioner disseminates containing summary data on student performance
must integrate student performance and the demographic factors that strongly correlate
with that performance.

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.

Minnesota Statutes 2008, section 120B.35, is amended to read:

120B.35 STUDENT ACADEMIC ACHIEVEMENT AND deleted text begin PROGRESS deleted text end new text begin
GROWTH new text end .

Subdivision 1.

deleted text begin Adequate yearly progress of schools and students deleted text end new text begin School and
student indicators of growth and achievement new text end .

The commissioner must develop and
implement a system for measuring and reporting academic achievement and individual
student deleted text begin progress deleted text end new text begin growth new text end , consistent with the statewide educational accountability and
reporting system. The new text begin system new text end components deleted text begin of the system deleted text end must measure new text begin and separately
report new text end the adequate yearly progress of schools and new text begin the growth of new text end individual students:
students' current achievement in schools under subdivision 2; and individual students'
educational deleted text begin progress deleted text end new text begin growth new text end over time under subdivision 3. The system also must include
statewide measures of student academic deleted text begin achievement deleted text end new text begin growth new text end that identify schools with
high levels of deleted text begin achievement deleted text end new text begin growth new text end , and also schools with low levels of deleted text begin achievement deleted text end new text begin
growth new text end that need improvement. When determining a school's effect, the data must
include both statewide measures of student achievement and, to the extent annual tests
are administered, indicators of achievement growth that take into account a student's
prior achievement. Indicators of achievement and prior achievement must be based on
highly reliable statewide or districtwide assessments. Indicators that take into account a
student's prior achievement must not be used to disregard a school's low achievement or to
exclude a school from a program to improve low achievement levels. deleted text begin The commissioner
by January 15, 2002, must submit a plan for integrating these components to the chairs of
the legislative committees having policy and budgetary responsibilities for elementary
and secondary education.
deleted text end

Subd. 2.

new text begin Federal expectations for new text end student academic achievement.

(a) Each school
year, a school district must determine if the student achievement levels at each school site
meet deleted text begin state and local deleted text end new text begin federal new text end expectations. If student achievement levels at a school site do
not meet deleted text begin state and local deleted text end new text begin federal new text end expectations and the site has not made adequate yearly
progress for two consecutive school years, beginning with the 2001-2002 school year,
the district must work with the school site to adopt a plan to raise student achievement
levels to meet deleted text begin state and local deleted text end new text begin federal new text end expectations. The commissioner of education shall
establish student academic achievement levels new text begin to comply with this paragraph new text end .

(b) School sites identified as not meeting new text begin federal new text end expectations must develop
continuous improvement plans in order to meet deleted text begin state and local deleted text end new text begin federal new text end expectations for
student academic achievement. The department, at a district's request, must assist the
district and the school site in developing a plan to improve student achievement. The plan
must include parental involvement components.

(c) The commissioner must:

(1) deleted text begin provide assistance to deleted text end new text begin assist new text end school sites and districts identified as not meeting
new text begin federal new text end expectations; and

(2) provide technical assistance to schools that integrate student deleted text begin progress deleted text end new text begin
achievement new text end measures deleted text begin under subdivision 3 in deleted text end new text begin into new text end the school continuous improvement
plan.

(d) The commissioner shall establish and maintain a continuous improvement Web
site designed to make data on every school and district available to parents, teachers,
administrators, community members, and the general public.

Subd. 3.

deleted text begin Student progress assessment deleted text end new text begin State growth target; other state measures new text end .

(a) The new text begin state's new text end educational assessment system deleted text begin component deleted text end measuring individual students'
educational deleted text begin progress must be deleted text end new text begin growth is new text end based deleted text begin , to the extent annual tests are administered, deleted text end
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 new text begin , in consultation with a stakeholder group that includes
assessment and evaluation directors and staff and researchers new text end must deleted text begin identify effective
models for measuring individual student progress that enable a school district or school
site to perform gains-based analysis, including evaluating the effects of the teacher,
school, and school district on student achievement over time. At least one model must
be a "value-added" assessment model that reliably estimates those effects for classroom
settings where a single teacher teaches multiple subjects to the same group of students, for
team teaching arrangements, and for other teaching circumstances. deleted text end new text begin 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 5 and 7, and may recommend other value-added measures under section
120B.299, subdivision 10. 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:
new text end

new text begin (1) report student growth consistent with this paragraph; and
new text end

new text begin (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.
new text end

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

(c) deleted text begin If a district has an accountability plan that includes gains-based analysis or
"value-added" assessment, the commissioner shall, to the extent practicable, incorporate
those measures in determining whether the district or school site meets expectations. The
department must coordinate with the district in evaluating school sites and continuous
improvement plans, consistent with best practices. deleted text end new text begin 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:
new text end

new text begin (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
new text end

new text begin (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.
new text end

new text begin 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.
new text end

new text begin (d) When reporting student performance under section 120B.36, subdivision 1, the
commissioner annually, beginning July 1, 2013, 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 end

Subd. 4.

Improving schools.

Consistent with the requirements of this section,
new text begin beginning June 20, 2012, new text end the commissioner of education must deleted text begin establish a second
achievement benchmark to identify improving schools. The commissioner must
recommend to deleted text end new text begin annually report to the public and new text end the legislature deleted text begin by February 15, 2002,
indicators in addition to the achievement benchmark for identifying improving schools,
including an indicator requiring a school to demonstrate ongoing successful use of best
teaching practices deleted text end new text begin the organizational and curricular practices implemented in those schools
that demonstrate medium and high growth compared to the state growth target new text end .

Subd. 5.

Improving graduation rates for students with emotional or behavioral
disorders.

(a) A district must develop strategies in conjunction with parents of students
with emotional or behavioral disorders and the county board responsible for implementing
sections 245.487 to 245.4889 to keep students with emotional or behavioral disorders in
school, when the district has a drop-out rate for students with an emotional or behavioral
disorder in grades 9 through 12 exceeding 25 percent.

(b) A district must develop a plan in conjunction with parents of students with
emotional or behavioral disorders and the local mental health authority to increase the
graduation rates of students with emotional or behavioral disorders. A district with a
drop-out rate for children with an emotional or behavioral disturbance in grades 9 through
12 that is in the top 25 percent of all districts shall submit a plan for review and oversight
to the commissioner.

new text begin EFFECTIVE DATE. new text end

new text begin Subdivision 3, paragraph (b), applies to students in the
2008-2009 school year and later. Subdivision 3, paragraph (c), applies to students in the
2010-2011 school year and later. Subdivision 3, paragraph (d), applies to data that are
collected in the 2010-2011 school year and later and reported annually beginning July 1,
2013, consistent with advice the commissioner receives from recognized and qualified
experts on student engagement and connection and classroom teachers. Subdivision 4
applies in the 2011-2012 school year and later.
new text end

Sec. 9.

Minnesota Statutes 2008, section 120B.36, is amended to read:

120B.36 SCHOOL ACCOUNTABILITY; APPEALS PROCESS.

Subdivision 1.

School performance report cards.

(a) The commissioner shall deleted text begin use
objective criteria based on levels of student performance to deleted text end report deleted text begin at least deleted text end student academic
performance new text begin under section 120B.35, subdivision 2, the percentages of students showing
low, medium, and high growth under section 120B.35, subdivision 3, paragraph (b) new text end ,
school safety new text begin 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 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,
deleted text begin and deleted text end staff characteristics new text begin excluding salaries new text end , deleted text begin with a value-added component added no later
than the 2008-2009 school year deleted text end new text begin student enrollment demographics, district mobility, and
extracurricular activities new text end . The report new text begin also new text end must indicate a school's adequate yearly progress
status, 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 report cards.

(c) The commissioner must make available deleted text begin the first deleted text end performance report cards by
deleted text begin November 2003, and during deleted text end the beginning of each school year deleted text begin thereafter deleted text end .

(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 report deleted text begin cards deleted text end new text begin card new text end data are nonpublic data under section
13.02, subdivision 9, until not later than ten days after the appeal procedure described in
paragraph (d) concludes. The department shall annually post school performance report
cards to its public Web site no later than September 1.

Subd. 2.

Adequate yearly progress new text begin and other new text end data.

All data the department
receives, collects, or creates deleted text begin for purposes of determining deleted text end new text begin to determine new text end adequate yearly
progress deleted text begin designations deleted text end new text begin status new text end under Public Law 107-110, section 1116, new text begin set state growth
targets, and determine student growth new text end are nonpublic data under section 13.02, subdivision
9, until not later than ten days after the appeal procedure described in subdivision 1,
paragraph (d), concludes. Districts must provide parents sufficiently detailed summary
data to permit parents to appeal under Public Law 107-110, section 1116(b)(2). The
department shall annually post new text begin federal new text end adequate yearly progress data new text begin and state student
growth data new text end to its public Web site no later than September 1.

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 2008, section 121A.15, subdivision 8, is amended to read:

Subd. 8.

Report.

The administrator or other person having general control and
supervision of the elementary or secondary school shall file a report with the commissioner
on all persons enrolled in the school. The superintendent of each district shall file a report
with the commissioner for all persons within the district receiving instruction in a home
school in compliance with sections 120A.22 and 120A.24. The parent of persons receiving
instruction in a home school shall submit the statements as required by subdivisions 1, 2,
3, and 4 to the superintendent of the district in which the person resides by October 1 of
deleted text begin each school year deleted text end new text begin the first year of their homeschooling and the 7th grade year new text end . The school
report must be prepared on forms developed jointly by the commissioner of health and the
commissioner of education and be distributed to the local districts by the commissioner
of health. The school report must state the number of persons attending the school, the
number of persons who have not been immunized according to subdivision 1 or 2, and
the number of persons who received an exemption under subdivision 3, clause (c) or (d).
The school report must be filed with the commissioner of education within 60 days of the
commencement of each new school term. Upon request, a district must be given a 60-day
extension for filing the school report. The commissioner of education shall forward the
report, or a copy thereof, to the commissioner of health who shall provide summary
reports to boards of health as defined in section 145A.02, subdivision 2. The administrator
or other person having general control and supervision of the child care facility shall file a
report with the commissioner of human services on all persons enrolled in the child care
facility. The child care facility report must be prepared on forms developed jointly by
the commissioner of health and the commissioner of human services and be distributed
to child care facilities by the commissioner of health. The child care facility report
must state the number of persons enrolled in the facility, the number of persons with no
immunizations, the number of persons who received an exemption under subdivision 3,
clause (c) or (d), and the number of persons with partial or full immunization histories.
The child care facility report must be filed with the commissioner of human services by
November 1 of each year. The commissioner of human services shall forward the report,
or a copy thereof, to the commissioner of health who shall provide summary reports to
boards of health as defined in section 145A.02, subdivision 2. The report required by this
subdivision is not required of a family child care or group family child care facility, for
prekindergarten children enrolled in any elementary or secondary school provided services
according to sections 125A.05 and 125A.06, nor for child care facilities in which at least
75 percent of children in the facility participate on a onetime only or occasional basis to a
maximum of 45 hours per child, per month.

Sec. 11.

Minnesota Statutes 2008, section 122A.07, subdivision 2, is amended to read:

Subd. 2.

Eligibility; board composition.

Except for the representatives of higher
education and the public, to be eligible for appointment to the Board of Teaching a person
must be a teacher currently teaching in a Minnesota school and fully licensed for the
position held and have at least five years teaching experience in Minnesota, including the
two years immediately preceding nomination and appointment. Each nominee, other than
a public nominee, must be selected on the basis of professional experience and knowledge
of teacher education, accreditation, and licensure. The board must be composed of:

(1) six teachers who are currently teaching in a Minnesota school new text begin or who were
teaching at the time of the appointment new text end , at least four of whom must be teaching in a
public school;

(2) one higher education representative, who must be a faculty member preparing
teachers;

(3) one school administrator; and

(4) three members of the public, two of whom must be present or former members
of school boards.

Sec. 12.

Minnesota Statutes 2008, section 122A.07, subdivision 3, is amended to read:

Subd. 3.

Vacant position.

new text begin With the exception of a teacher who retires from teaching
during the course of completing a board term, new text end the position of a member who leaves
Minnesota or whose employment status changes to a category different from that from
which appointed is deemed vacant.

Sec. 13.

Minnesota Statutes 2008, section 122A.18, subdivision 4, is amended to read:

Subd. 4.

Expiration and renewal.

(a) Each license the Department of Education
issues through its licensing section must bear the date of issue. Licenses must expire
and be renewed according to the respective rules the Board of Teaching, the Board
of School Administrators, or the commissioner of education adopts. Requirements for
renewing a license must include showing satisfactory evidence of successful teaching or
administrative experience for at least one school year during the period covered by the
license in grades or subjects for which the license is valid or completing such additional
preparation as the Board of Teaching prescribes. The Board of School Administrators
shall establish requirements for renewing the licenses of supervisory personnel except
athletic coaches. The State Board of Teaching shall establish requirements for renewing
the licenses of athletic coaches.

new text begin (b) Relicensure applicants, as a condition of relicensure, must present to their
local continuing education and relicensure committee or other local relicensure
committee evidence of work that demonstrates professional reflection and growth in best
teaching practices. The applicant must include a reflective statement of professional
accomplishment and the applicant's own assessment of professional growth showing
evidence of:
new text end

new text begin (1) support for student learning;
new text end

new text begin (2) use of best practices techniques and their applications to student learning;
new text end

new text begin (3) collaborative work with colleagues that includes examples of collegiality such as
attested-to committee work, collaborative staff development programs, and professional
learning community work; or
new text end

new text begin (4) continual professional development that may include job-embedded or other
ongoing formal professional learning during the relicensure period.
new text end

new text begin The Board of Teaching must ensure that its teacher relicensing requirements also include
this paragraph.
new text end

deleted text begin (b) deleted text end new text begin (c) new text end The Board of Teaching shall offer alternative continuing relicensure options
for teachers who are accepted into and complete the National Board for Professional
Teaching Standards certification process, and offer additional continuing relicensure
options for teachers who earn National Board for Professional Teaching Standards
certification. Continuing relicensure requirements for teachers who do not maintain
National Board for Professional Teaching Standards certification are those the board
prescribes new text begin , consistent with this section 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 licensees seeking relicensure beginning July 1, 2012.
new text end

Sec. 14.

Minnesota Statutes 2008, section 122A.40, subdivision 6, is amended to read:

Subd. 6.

deleted text begin Peer review deleted text end new text begin Mentoring new text end for probationary teachers.

A school board and
an exclusive representative of the teachers in the district must develop a probationary
teacher peer review process through joint agreement. new text begin The process may include having
trained observers serve as mentors or coaches or having teachers participate in professional
learning communities.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for the 2009-2010 school year and
later.
new text end

Sec. 15.

Minnesota Statutes 2008, section 122A.40, subdivision 8, is amended to read:

Subd. 8.

Peer deleted text begin review deleted text end new text begin coaching new text end for continuing contract teachers.

A school board
and an exclusive representative of the teachers in the district shall develop a peer review
process for continuing contract teachers through joint agreement. new text begin The process may
include having trained observers serve as peer coaches or having teachers participate in
professional learning communities.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for the 2009-2010 school year and
later.
new text end

Sec. 16.

Minnesota Statutes 2008, section 122A.41, subdivision 3, is amended to read:

Subd. 3.

deleted text begin Peer review deleted text end new text begin Mentoring new text end for probationary teachers.

A board and an
exclusive representative of the teachers in the district must develop a probationary teacher
peer review process through joint agreement. new text begin The process may include having trained
observers serve as mentors or coaches or having teachers participate in professional
learning communities.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for the 2009-2010 school year and
later.
new text end

Sec. 17.

Minnesota Statutes 2008, section 122A.41, subdivision 5, is amended to read:

Subd. 5.

Peer deleted text begin review deleted text end new text begin coaching new text end for continuing contract teachers.

A school
board and an exclusive representative of the teachers in the district must develop a peer
review process for nonprobationary teachers through joint agreement. new text begin The process may
include having trained observers serve as peer coaches or having teachers participate in
professional learning communities.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for the 2009-2010 school year and
later.
new text end

Sec. 18.

Minnesota Statutes 2008, section 122A.413, subdivision 2, is amended to read:

Subd. 2.

Plan components.

The educational improvement plan must be approved
by the school board and have at least these elements:

(1) assessment and evaluation tools to measure student performance and progress;

(2) performance goals and benchmarks for improvement;

(3) measures of student attendance and completion rates;

(4) a rigorous new text begin research and practice-based new text end professional development system, new text begin based
on national and state standards of effective teaching practice and new text end consistent with section
122A.60, that is aligned with educational improvement deleted text begin , deleted text end new text begin and new text end designed to achieve new text begin ongoing
and schoolwide progress and growth in new text end teaching deleted text begin quality improvement, and consistent with
clearly defined research-based standards deleted text end new text begin practice new text end ;

(5) measures of student, family, and community involvement and satisfaction;

(6) a data system about students and their academic progress that provides parents
and the public with understandable information;

(7) a teacher induction and mentoring program for probationary teachers that
provides continuous learning and sustained teacher support; and

(8) substantial participation by the exclusive representative of the teachers in
developing the plan.

new text begin EFFECTIVE DATE. new text end

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

Sec. 19.

Minnesota Statutes 2008, section 122A.414, subdivision 2, is amended to read:

Subd. 2.

Alternative teacher professional pay system.

(a) To participate in this
program, a school district, intermediate school district, school site, or charter school must
have an educational improvement plan under section 122A.413 and an alternative teacher
professional pay system agreement under paragraph (b). A charter school participant also
must comply with subdivision 2a.

(b) The alternative teacher professional pay system agreement must:

(1) describe how teachers can achieve career advancement and additional
compensation;

(2) describe how the school district, intermediate school district, school site, or
charter school will provide teachers with career advancement options that allow teachers
to retain primary roles in student instruction and facilitate site-focused professional
development that helps other teachers improve their skills;

(3) reform the "steps and lanes" salary schedule, prevent any teacher's compensation
paid before implementing the pay system from being reduced as a result of participating
in this system, and base at least 60 percent of any compensation increase on teacher
performance using:

(i) schoolwide student achievement gains under section 120B.35 or locally selected
standardized assessment outcomes, or both;

(ii) measures of student achievement; and

(iii) an objective evaluation program new text begin and evidence of effective practice new text end that includes:

(A) individual teacher evaluations aligned with the educational improvement plan
under section 122A.413 and the staff development plan under section 122A.60; and

(B) deleted text begin objective evaluations using multiple criteria conducted by a locally selected and
periodically trained evaluation team that understands teaching and learning deleted text end new text begin reflection and
growth in best teaching practices shown through support for student learning, collaborative
work with colleagues, or continual professional learning, consistent with section 122A.18,
subdivision 4, paragraph (b), clauses (1) to (3) new text end ;

(4) provide integrated ongoing site-based professional development activities to
improve instructional skills and learning that are aligned with student needs under section
122A.413, consistent with the staff development plan under section 122A.60 and led
during the school day by trained teacher leaders such as master or mentor teachers new text begin or
peer coaches new text end ;

(5) allow any teacher in a participating school district, intermediate school district,
school site, or charter school that implements an alternative pay system to participate in
that system without any quota or other limit; and

(6) encourage collaboration rather than competition among teachers.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment
and applies to all alternative teacher professional pay system agreements entered into or
modified after that date.
new text end

Sec. 20.

Minnesota Statutes 2008, section 122A.414, subdivision 2b, is amended to
read:

Subd. 2b.

Approval process.

(a) Consistent with the requirements of this section
and sections 122A.413 and 122A.415, the department must prepare and transmit to
interested school districts, intermediate school districts, school sites, and charter schools
a standard form for applying to participate in the alternative teacher professional pay
system. new text begin The commissioner annually must establish three dates as deadlines by which
interested applicants must submit an application to the commissioner under this section.
new text end An interested school district, intermediate school district, school site, or charter school
must submit to the commissioner a completed application executed by the district
superintendent and the exclusive bargaining representative of the teachers if the applicant
is a school district, intermediate school district, or school site, or executed by the charter
school board of directors if the applicant is a charter school. The application must include
the proposed alternative teacher professional pay system agreement under subdivision
2. The department must deleted text begin convene a deleted text end review deleted text begin committee that at least includes teachers
and administrators deleted text end new text begin a completed application new text end within 30 days of deleted text begin receiving a completed
application to deleted text end new text begin the most recent application deadline and new text end recommend to the commissioner
whether to approve or disapprove the application. The commissioner must approve
applications on a first-come, first-served basis. The applicant's alternative teacher
professional pay system agreement must be legally binding on the applicant and the
collective bargaining representative before the applicant receives alternative compensation
revenue. The commissioner must approve or disapprove an application based on the
requirements under subdivisions 2 and 2a.

(b) If the commissioner disapproves an application, the commissioner must give the
applicant timely notice of the specific reasons in detail for disapproving the application.
The applicant may revise and resubmit its application and related documents to the
commissioner within 30 days of receiving notice of the commissioner's disapproval and
the commissioner must approve or disapprove the revised application, consistent with this
subdivision. Applications that are revised and then approved are considered submitted on
the date the applicant initially submitted the application.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment
and applies to all applications submitted after that date.
new text end

Sec. 21.

Minnesota Statutes 2008, section 122A.60, subdivision 2, is amended to read:

Subd. 2.

Contents of the plan.

The plan must include the staff development
outcomes under subdivision 3, the means to achieve the outcomes, and procedures for
evaluating progress at each school site toward meeting education outcomes deleted text begin . deleted text end new text begin , consistent
with relicensure requirements under section 122A.18, subdivision 2, paragraph (b). The
plan also must:
new text end

new text begin (1) support stable and productive professional communities achieved through
ongoing and schoolwide progress and growth in teaching practice;
new text end

new text begin (2) emphasize coaching, professional learning communities, classroom action
research, and other job-embedded models;
new text end

new text begin (3) maintain a strong subject matter focus premised on students' learning goals;
new text end

new text begin (4) ensure specialized preparation and learning about issues related to teaching
students with special needs and limited English proficiency; and
new text end

new text begin (5) reinforce national and state standards of effective teaching practice.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for the 2009-2010 school year and
later.
new text end

Sec. 22.

Minnesota Statutes 2008, section 123A.05, is amended to read:

123A.05 deleted text begin AREA LEARNING CENTER deleted text end new text begin STATE-APPROVED ALTERNATIVE
PROGRAM new text end ORGANIZATION.

Subdivision 1.

Governance.

new text begin (a) new text end A district may establish an area learning center
deleted text begin either by itself or in cooperation with other districts deleted text end , new text begin alternative learning program, or
contract alternative in accordance with sections 124D.68, subdivision 3, paragraph (d),
and 124D.69.
new text end

new text begin (b) An area learning center is encouraged to cooperate with new text end a service cooperative, an
intermediate school district, a local education and employment transitions partnership,
public and private secondary and postsecondary institutions, public agencies, businesses,
and foundations. Except for a district located in a city of the first class, deleted text begin a deleted text end new text begin an area
learning new text end center new text begin must be established in cooperation with other districts and new text end must serve
the geographic area of at least two districts. new text begin An area learning center must provide
comprehensive educational services to enrolled secondary students throughout the year,
including a daytime school within a school or separate site for both high school and
middle school level students.
new text end

new text begin (c) An alternative learning program may serve the students of one or more districts,
may designate which grades are served, and may make program hours and a calendar
optional.
new text end

new text begin (d) A contract alternative is an alternative learning program operated by a private
organization that has contracted with a school district to provide educational services for
students under section 124D.68, subdivision 2.
new text end

Subd. 2.

Reserve revenue.

Each district that is a member of an area learning center
new text begin or alternative learning program new text end must reserve revenue in an amount equal to the sum of (1)
at least 90 percent of the district average general education revenue per pupil unit minus
an amount equal to the product of the formula allowance according to section 126C.10,
subdivision 2, times .0485, calculated without basic skills revenue and transportation
sparsity revenue, times the number of pupil units attending an area learning center new text begin or
alternative learning new text end program under this section, plus (2) the amount of basic skills revenue
generated by pupils attending the area learning center new text begin or alternative learning program new text end . The
amount of reserved revenue under this subdivision may only be spent on program costs
associated with the area learning center new text begin or alternative learning program new text end .

Subd. 3.

Access to services.

A deleted text begin center deleted text end new text begin state-approved alternative program new text end shall have
access to the district's regular education programs, special education programs, technology
facilities, and staff. It may contract with individuals or postsecondary institutions. It shall
seek the involvement of community education programs, postsecondary institutions,
interagency collaboratives, culturally based organizations, mutual assistance associations,
and other community resources, businesses, and other federal, state, and local public
agencies.

Subd. 4.

Nonresident pupils.

A pupil who does not reside in the district may
attend a deleted text begin center deleted text end new text begin state-approved alternative program new text end without consent of the school board of
the district of residence.

Sec. 23.

Minnesota Statutes 2008, section 123A.06, is amended to read:

123A.06 deleted text begin CENTER deleted text end new text begin STATE-APPROVED ALTERNATIVE new text end PROGRAMS AND
SERVICES.

Subdivision 1.

Program focus.

(a) The programs and services of a deleted text begin center deleted text end new text begin
state-approved alternative program new text end must focus on academic and learning skills, applied
learning opportunities, trade and vocational skills, work-based learning opportunities,
work experience, youth service to the community, transition services, and English
language and literacy programs for children whose primary language is a language other
than English. Applied learning, work-based learning, and service learning may best be
developed in collaboration with a local education and transitions partnership, culturally
based organizations, mutual assistance associations, or other community resources.
In addition to offering programs, the deleted text begin center deleted text end new text begin state-approved alternative program new text end shall
coordinate the use of other available educational services, special education services,
social services, health services, and postsecondary institutions in the community and
services area.

(b) Consistent with the requirements of sections 121A.40 to 121A.56, a school
district may provide an alternative education program for a student who is within the
compulsory attendance age under section 120A.20, and who is involved in severe or
repeated disciplinary action.

Subd. 2.

People to be served.

A deleted text begin center deleted text end new text begin state-approved alternative program new text end shall
provide programs for secondary pupils and adults. A center may also provide programs
and services for elementary and secondary pupils who are not attending the deleted text begin center deleted text end new text begin
state-approved alternative program new text end to assist them in being successful in school. A center
shall use research-based best practices for serving limited English proficient students and
their parents. An individual education plan team may identify a deleted text begin center deleted text end new text begin state-approved
alternative program new text end as an appropriate placement to the extent a deleted text begin center deleted text end new text begin state-approved
alternative program new text end can provide the student with the appropriate special education services
described in the student's plan. Pupils eligible to be served are those who qualify under
the graduation incentives program in section 124D.68, subdivision 2, those enrolled
under section 124D.02, subdivision 2, or those pupils who are eligible to receive special
education services under sections 125A.03 to 125A.24, and 125A.65.

Subd. 3.

Hours of instruction exemption.

Notwithstanding any law to the contrary,
the new text begin area learning new text end center programs must be available throughout the entire year. deleted text begin A center
may petition the state board under Minnesota Rules, part 3500.1000, for exemption from
other rules.
deleted text end

Subd. 4.

Granting a diploma.

Upon successful completion of the new text begin area learning
new text end center program, a pupil is entitled to receive a high school diploma. The pupil may elect
to receive a diploma from either the district of residence or the district in which the new text begin area
learning new text end center is located.

Sec. 24.

Minnesota Statutes 2008, section 123A.08, is amended to read:

123A.08 deleted text begin CENTER deleted text end new text begin STATE-APPROVED ALTERNATIVE PROGRAM new text end
FUNDING.

Subdivision 1.

Outside sources for resources and services.

A deleted text begin center deleted text end new text begin
state-approved alternative program new text end may accept:

(1) resources and services from postsecondary institutions serving deleted text begin center deleted text end new text begin
state-approved alternative program new text end pupils;

(2) resources from deleted text begin Job Training Partnership deleted text end new text begin Workforce Investment new text end Act programs,
including funding for jobs skills training for various groups and the percentage reserved
for education;

(3) resources from the Department of Human Services and county welfare funding;

(4) resources from a local education and employment transitions partnership; or

(5) private resources, foundation grants, gifts, corporate contributions, and other
grants.

Subd. 2.

General education aid.

Payment of general education aid for nonresident
pupils enrolled in deleted text begin the center deleted text end new text begin area learning centers and alternative learning programs new text end must
be made according to section 127A.47, subdivision 7.

Subd. 3.

Special education revenue.

Payment of special education revenue for
nonresident pupils enrolled in the deleted text begin center deleted text end new text begin state-approved alternative program new text end must be made
according to section deleted text begin 125A.15 deleted text end new text begin 127A.47, subdivision 7 new text end .

Sec. 25.

Minnesota Statutes 2008, section 123B.03, subdivision 1, is amended to read:

Subdivision 1.

Background check required.

(a) A school hiring authority shall
request a criminal history background check from the superintendent of the Bureau of
Criminal Apprehension on all individuals who are offered employment in a school and
on all individuals, except enrolled student volunteers, who are offered the opportunity to
provide athletic coaching services or other extracurricular academic coaching services
to a school, regardless of whether any compensation is paid. In order for an individual
to be eligible for employment or to provide the services, the individual must provide an
executed criminal history consent form and a money order or check payable to either the
Bureau of Criminal Apprehension or the school hiring authority, at the discretion of the
school hiring authority, in an amount equal to the actual cost to the Bureau of Criminal
Apprehension and the school district of conducting the criminal history background
check. A school hiring authority deciding to receive payment may, at its discretion, accept
payment in the form of a negotiable instrument other than a money order or check and
shall pay the superintendent of the Bureau of Criminal Apprehension directly to conduct
the background check. The superintendent of the Bureau of Criminal Apprehension shall
conduct the background check by retrieving criminal history data maintained in the
criminal justice information system computers. A school hiring authority, at its discretion,
may decide not to request a criminal history background check on an individual who holds
an initial entrance license issued by the State Board of Teaching or the commissioner of
education within the 12 months preceding an offer of employment.

(b) A school hiring authority may use the results of a criminal background check
conducted at the request of another school hiring authority if:

(1) the results of the criminal background check are on file with the other school
hiring authority or otherwise accessible;

(2) the other school hiring authority conducted a criminal background check within
the previous 12 months;

(3) the individual who is the subject of the criminal background check executes a
written consent form giving a school hiring authority access to the results of the check; and

(4) there is no reason to believe that the individual has committed an act subsequent
to the check that would disqualify the individual for employment.

(c) A school hiring authority may, at its discretion, request a criminal history
background check from the superintendent of the Bureau of Criminal Apprehension on
any individual who seeks to enter a school or its grounds for the purpose of serving as a
school volunteer or working as an independent contractor or student employee. In order
for an individual to enter a school or its grounds under this paragraph when the school
hiring authority decides to request a criminal history background check on the individual,
the individual first must provide an executed criminal history consent form and a money
order, check, or other negotiable instrument payable to the school district in an amount
equal to the actual cost to the Bureau of Criminal Apprehension and the school district
of conducting the criminal history background check. deleted text begin Notwithstanding section 299C.62,
subdivision 1, the cost of the criminal history background check under this paragraph is
the responsibility of the individual deleted text end new text begin A school hiring authority may decide to pay the cost of
conducting a background check under this paragraph, in which case the individual who is
the subject of the background check need not pay for the background check new text end .

(d) For all nonstate residents who are offered employment in a school, a school
hiring authority shall request a criminal history background check on such individuals
from the superintendent of the Bureau of Criminal Apprehension and from the government
agency performing the same function in the resident state or, if no government entity
performs the same function in the resident state, from the Federal Bureau of Investigation.
Such individuals must provide an executed criminal history consent form and a money
order, check, or other negotiable instrument payable to the school hiring authority in an
amount equal to the actual cost to the government agencies and the school district of
conducting the criminal history background check. Notwithstanding section 299C.62,
subdivision 1, the cost of the criminal history background check under this paragraph is
the responsibility of the individual.

(e) At the beginning of each school year or when a student enrolls, a school hiring
authority must notify parents and guardians about the school hiring authority's policy
requiring a criminal history background check on employees and other individuals who
provide services to the school, and identify those positions subject to a background check
and the extent of the hiring authority's discretion in requiring a background check. The
school hiring authority may include the notice in the student handbook, a school policy
guide, or other similar communication. Nothing in this paragraph affects a school hiring
authority's ability to request a criminal history background check on an individual under
paragraph (c).

new text begin EFFECTIVE DATE. new text end

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

Sec. 26.

Minnesota Statutes 2008, section 123B.51, is amended by adding a
subdivision to read:

new text begin Subd. 5a. new text end

new text begin Temporary closing. new text end

new text begin A school district that proposes to temporarily close a
schoolhouse or that intends to lease the facility to another entity for use as a schoolhouse
for three or fewer years is not subject to subdivision 5 if the school board holds a public
meeting and allows public comment on the schoolhouse's future.
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. 27.

Minnesota Statutes 2008, section 124D.095, subdivision 2, is amended to read:

Subd. 2.

Definitions.

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

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

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

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

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

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

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

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

new text begin (h) "Online course syllabus" is a written document that an online learning provider
makes available to the enrolling district using a format prescribed by the commissioner to
identify the state academic standards embedded in an online course, the course content
outline, required course assessments, expectations for actual teacher contact time and
other student-to-teacher communications, and academic support available to the online
learning student.
new text end

Sec. 28.

Minnesota Statutes 2008, section 124D.095, subdivision 3, is amended to read:

Subd. 3.

Authorization; notice; limitations on enrollment.

(a) A student may
apply for full-time enrollment in an approved online learning program under section
124D.03, 124D.08 or 124D.10 deleted text begin , or for supplemental online learning deleted text end . Notwithstanding
sections 124D.03, 124D.08, and 124D.10, procedures for enrolling in new text begin supplemental new text end online
learning shall be as provided in this subdivision. A student age 17 or younger must
have the written consent of a parent or guardian to apply. No school district or charter
school may prohibit a student from applying to enroll in online learning. In order that a
student may enroll in online learning, the student and the student's parents must submit an
application to the online learning provider and identify the reason for enrolling in online
learning. The online learning provider that accepts a student under this section must within
ten days notify the student and the enrolling district in writing if the enrolling district is
not the online learning provider. The student and family must notify the online learning
provider of their intent to enroll in online learning within ten days of acceptance, at which
time the student and parent must sign a statement of assurance that they have reviewed the
online course or program and understand the expectations of online learning enrollment.
The online learning provider must notify the enrolling district of the student's deleted text begin enrollment deleted text end new text begin
application to enroll new text end in online learning in writing on a form provided by the department.

(b) Supplemental online learning notification to the enrolling district upon student
deleted text begin enrollment in deleted text end new text begin application to new text end the online learning deleted text begin program deleted text end new text begin provider new text end will include the
courses or program, credits to be awarded, new text begin and new text end the start date of online enrollment deleted text begin , and
confirmation that the courses will meet the student's graduation plan deleted text end . new text begin An online learning
provider must provide the enrolling district with an online course syllabus. Within 15 days
after the online learning provider makes the supplemental online course syllabus available
to the enrolling district, the enrolling district must notify the online provider whether or
not the student, parent or guardian, and enrolling district agree that the course meets
the enrolling district's graduation requirements. new text end A student may enroll in supplemental
online learning courses up to the midpoint of the enrolling district's term. The enrolling
district may waive this requirement for special circumstances and upon acceptance by the
online provider. new text begin An online learning course or program that meets or exceeds a graduation
standard or grade progression requirements at the enrolling district as demonstrated on
the online provider's syllabus must be considered to meet the corresponding graduation
requirements of the student in the enrolling district. If the enrolling district decides that
the course does not meet its graduation requirements, then:
new text end

new text begin (1) the district shall provide a written explanation of its decision upon request by the
student, parent or guardian, or online provider;
new text end

new text begin (2) the district shall allow the online provider the opportunity to respond in writing
to the district's written explanation of its decision for the purpose of describing how the
course may meet the district's graduation requirement; and
new text end

new text begin (3) the student, parent or guardian, or online provider may request that the
Department of Education review the district's decision to determine whether it is consistent
with this section.
new text end

(c) An online learning provider must notify the commissioner that it is delivering
online learning and report the number of online learning students it is accepting and the
online learning courses and programs it is delivering.

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

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

new text begin (f) The online provider must report or provide access to information on an individual
student's progress and accumulated credit to the student, parent or guardian, and enrolling
district in a manner specified by the commissioner unless another manner is agreed upon
by the enrolling district and the online provider and submitted to the commissioner. The
enrolling district must designate a contact person to assist in facilitating and monitoring
the student's progress and accumulated credit towards graduation.
new text end

Sec. 29.

Minnesota Statutes 2008, section 124D.095, subdivision 4, is amended to read:

Subd. 4.

Online learning parameters.

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

(b) An online learning student may:

(1) enroll in supplemental online learning courses during a single school year to a
maximum of 50 percent of the student's full schedule of courses per term. A student may
exceed the supplemental online learning registration limit if the enrolling district grants
permission for supplemental online learning enrollment above the limit, or if an agreement
is made between the enrolling district and the online learning provider for instructional
services;

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

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

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

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

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

(f) To enroll in more than 50 percent of the student's full schedule of courses per term
in online learning, the student must qualify to exceed the supplemental online learning
registration limit under paragraph (b) or apply for enrollment to an approved full-time
online learning program following appropriate procedures in subdivision 3, paragraph (a).
Full-time online learning students may enroll in classes at a local school per contract for
instructional services between the online learning provider and the school district.

Sec. 30.

Minnesota Statutes 2008, section 124D.095, subdivision 7, is amended to read:

Subd. 7.

Department of Education.

(a) The department must review and
certify online learning providers. The online learning courses and programs must be
rigorous, aligned with state academic standards, and contribute to grade progression
in a single subject. deleted text begin Online learning providers must demonstrate to the commissioner
that online learning courses have equivalent standards or instruction, curriculum, and
assessment requirements as other courses offered to enrolled students. The online
learning provider must also demonstrate expectations for actual teacher contact time
or other student-to-teacher communication deleted text end new text begin The online provider must provide a written
statement that: (1) all courses meet state academic standards; and (2) the online learning
curriculum, instruction, and assessment, expectations for actual teacher-contact time or
other student-to-teacher communication, and academic support meet nationally recognized
professional standards and are demonstrated as such in a syllabus provided according to
the commissioner's requirements new text end . Once an online learning provider is approved under
this paragraph, all of its online learning course offerings are eligible for payment under
this section unless a course is successfully challenged by an enrolling district or the
department under paragraph (b).

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

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

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

Sec. 31.

Minnesota Statutes 2008, section 124D.095, subdivision 10, is amended to
read:

Subd. 10.

Online Learning Advisory Council.

(a) An Online Learning Advisory
Council is established deleted text begin under section , except that deleted text end new text begin . new text end The term for each council
member shall be three years. The advisory council is composed of 12 members from
throughout the state who have demonstrated experience with or interest in online learning.
The members of the council shall be appointed by the commissioner. The advisory council
shall bring to the attention of the commissioner any matters related to online learning and
provide input to the department in matters related, but not restricted, to:

(1) quality assurance;

(2) teacher qualifications;

(3) program approval;

(4) special education;

(5) attendance;

(6) program design and requirements; and

(7) fair and equal access to programs.

(b) The Online Learning Advisory Council under this subdivision expires June
30, deleted text begin 2008 deleted text end new text begin 2013 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. 32.

Minnesota Statutes 2008, section 124D.128, subdivision 2, is amended to read:

Subd. 2.

Commissioner designation.

(a) deleted text begin An area learning center deleted text end new text begin A state-approved
alternative program new text end designated by the state must be a site. deleted text begin An area learning center deleted text end new text begin A
state-approved alternative program new text end must provide services to students who meet the criteria
in section 124D.68 and who are enrolled in:

(1) a district that is served by the deleted text begin center deleted text end new text begin state-approved alternative program new text end ; or

(2) a charter school located within the geographic boundaries of a district that is
served by the deleted text begin center deleted text end new text begin state-approved alternative program new text end .

(b) A school district or charter school may be approved biennially by the state to
provide additional instructional programming that results in grade level acceleration. The
program must be designed so that students make grade progress during the school year
and graduate prior to the students' peers.

(c) To be designated, a district, charter school, or deleted text begin center deleted text end new text begin state-approved alternative
program new text end must demonstrate to the commissioner that it will:

(1) provide a program of instruction that permits pupils to receive instruction
throughout the entire year; and

(2) develop and maintain a separate record system that, for purposes of section
126C.05, permits identification of membership attributable to pupils participating in the
program. The record system and identification must ensure that the program will not have
the effect of increasing the total average daily membership attributable to an individual
pupil as a result of a learning year program. The record system must include the date the
pupil originally enrolled in a learning year program, the pupil's grade level, the date of
each grade promotion, the average daily membership generated in each grade level, the
number of credits or standards earned, and the number needed to graduate.

(d) A student who has not completed a school district's graduation requirements
may continue to enroll in courses the student must complete in order to graduate until
the student satisfies the district's graduation requirements or the student is 21 years old,
whichever comes first.

Sec. 33.

Minnesota Statutes 2008, section 124D.128, subdivision 3, is amended to read:

Subd. 3.

Student planning.

A district, charter school, or deleted text begin area learning center deleted text end new text begin
state-approved alternative program new text end must inform all pupils and their parents about the
learning year program and that participation in the program is optional. A continual
learning plan must be developed at least annually for each pupil with the participation
of the pupil, parent or guardian, teachers, and other staff; each participant must sign and
date the plan. The plan must specify the learning experiences that must occur during the
entire fiscal year and are necessary for grade progression or, for secondary students,
graduation. The plan must include:

(1) the pupil's learning objectives and experiences, including courses or credits the
pupil plans to complete each year and, for a secondary pupil, the graduation requirements
the student must complete;

(2) the assessment measurements used to evaluate a pupil's objectives;

(3) requirements for grade level or other appropriate progression; and

(4) for pupils generating more than one average daily membership in a given grade,
an indication of which objectives were unmet.

The plan may be modified to conform to district schedule changes. The district may
not modify the plan if the modification would result in delaying the student's time of
graduation.

Sec. 34.

Minnesota Statutes 2008, section 124D.68, subdivision 2, is amended to read:

Subd. 2.

Eligible pupils.

A pupil under the age of 21 or who meets the requirements
of section 120A.20, subdivision 1, paragraph (c), is eligible to participate in the graduation
incentives program, if the pupil:

(1) performs substantially below the performance level for pupils of the same age
in a locally determined achievement test;

(2) is deleted text begin at least one year deleted text end behind in satisfactorily completing coursework or obtaining
credits for graduation;

(3) is pregnant or is a parent;

(4) has been assessed as chemically dependent;

(5) has been excluded or expelled according to sections 121A.40 to 121A.56;

(6) has been referred by a school district for enrollment in an eligible program or
a program pursuant to section 124D.69;

(7) is a victim of physical or sexual abuse;

(8) has experienced mental health problems;

(9) has experienced homelessness sometime within six months before requesting a
transfer to an eligible program;

(10) speaks English as a second language or has limited English proficiency; or

(11) has withdrawn from school or has been chronically truant; or

(12) is being treated in a hospital in the seven-county metropolitan area for cancer or
other life threatening illness or is the sibling of an eligible pupil who is being currently
treated, and resides with the pupil's family at least 60 miles beyond the outside boundary
of the seven-county metropolitan area.

Sec. 35.

Minnesota Statutes 2008, section 124D.68, subdivision 3, is amended to read:

Subd. 3.

Eligible programs.

(a) A pupil who is eligible according to subdivision 2
may enroll in deleted text begin area learning centers deleted text end new text begin a state-approved alternative program new text end under sections
123A.05 to 123A.08.

(b) A pupil who is eligible according to subdivision 2 and who is deleted text begin between the ages
of 16 and 21 deleted text end new text begin a high school junior or senior new text end may enroll in postsecondary courses under
section 124D.09.

(c) A pupil who is eligible under subdivision 2, may enroll in any public elementary
or secondary education program.

(d) A pupil who is eligible under subdivision 2, may enroll in any nonpublic,
nonsectarian school that has contracted with the serving school district to provide
educational services. However, notwithstanding other provisions of this section, only a
pupil who is eligible under subdivision 2, clause (12), may enroll in a contract alternative
school that is specifically structured to provide educational services to such a pupil.

(e) A pupil who is between the ages of 16 and 21 may enroll in any adult basic
education programs approved under section 124D.52 and operated under the community
education program contained in section 124D.19.

Sec. 36.

Minnesota Statutes 2008, section 124D.68, subdivision 4, is amended to read:

Subd. 4.

Additional eligible program.

A pupil who is at least 16 years of age,
who is eligible under subdivision 2, deleted text begin clause (a), deleted text end and who has been enrolled only in a
public school, if the pupil has been enrolled in any school, during the year immediately
before transferring under this subdivision, may transfer to any nonpublic school that has
contracted with the serving school district to provide nonsectarian educational services.
The school must enroll every eligible pupil who seeks to transfer to the school under
this program subject to available space.

Sec. 37.

Minnesota Statutes 2008, section 124D.68, subdivision 5, is amended to read:

Subd. 5.

Pupil enrollment.

Any eligible pupil may apply to enroll in an eligible
program. Approval of the resident district is not required for:

(1) an eligible pupil to enroll in any eligible program in a nonresident district
under subdivision 3 or 4 or deleted text begin an area learning center deleted text end new text begin a state-approved alternative program new text end
established under section 123A.05; or

(2) an eligible pupil under subdivision 2, to enroll in an adult basic education
program approved under section 124D.52.

Sec. 38.

Minnesota Statutes 2008, section 124D.83, subdivision 4, is amended to read:

Subd. 4.

Early childhood family education revenue.

A school receiving aid
under this section deleted text begin is eligible deleted text end new text begin may apply annually to the commissioner new text end to receive new text begin an new text end early
childhood family education deleted text begin revenue deleted text end new text begin grant new text end to provide early childhood family education
programs for parents and children who are enrolled or eligible for enrollment in a federally
recognized tribe. deleted text begin The revenue equals 1.5 times the statewide average expenditure per
participant under section 124D.135, times the number of children and parents participating
full time in the program. deleted text end The deleted text begin program must deleted text end new text begin grant must be used for programs and services
that new text end comply with section 124D.13, except that the school is not required to provide a
community education program or establish a community education advisory council. The
program must be designed to improve the skills of parents and promote American Indian
history, language, and culture. The school must make affirmative efforts to encourage
participation by fathers. Admission may not be limited to those enrolled in or eligible for
enrollment in a federally recognized tribe.

Sec. 39.

Minnesota Statutes 2008, section 126C.05, subdivision 15, is amended to read:

Subd. 15.

Learning year pupil units.

(a) When a pupil is enrolled in a learning
year program under section 124D.128, an area learning center new text begin or an alternative learning
program approved by the commissioner new text end under sections 123A.05 and 123A.06, deleted text begin an
alternative program approved by the commissioner, deleted text end or a contract alternative program
under section 124D.68, subdivision 3, paragraph (d), or subdivision 3a, for more than
1,020 hours in a school year for a secondary student, more than 935 hours in a school year
for an elementary student, or more than 425 hours in a school year for a kindergarten
student without a disability, that pupil may be counted as more than one pupil in average
daily membership for purposes of section 126C.10, subdivision 2a. The amount in excess
of one pupil must be determined by the ratio of the number of hours of instruction
provided to that pupil in excess of: (i) the greater of 1,020 hours or the number of hours
required for a full-time secondary pupil in the district to 1,020 for a secondary pupil; (ii)
the greater of 935 hours or the number of hours required for a full-time elementary pupil
in the district to 935 for an elementary pupil in grades 1 through 6; and (iii) the greater of
425 hours or the number of hours required for a full-time kindergarten student without a
disability in the district to 425 for a kindergarten student without a disability. Hours that
occur after the close of the instructional year in June shall be attributable to the following
fiscal year. A kindergarten student must not be counted as more than 1.2 pupils in average
daily membership under this subdivision. A student in grades 1 through 12 must not be
counted as more than 1.2 pupils in average daily membership under this subdivision.

(b)(i) To receive general education revenue for a pupil in an new text begin area learning center
or new text end alternative new text begin learning new text end program that has an independent study component, a district
must meet the requirements in this paragraph. The district must develop, for the pupil,
a continual learning plan consistent with section 124D.128, subdivision 3. Each school
district that has deleted text begin a state-approved public deleted text end new text begin an area learning center or new text end alternative new text begin learning
new text end program must reserve revenue in an amount equal to at least 90 percent of the district
average general education revenue per pupil unit deleted text begin less compensatory revenue per pupil
unit deleted text end new text begin , minus an amount equal to the product of the formula allowance according to section
126C.10, subdivision 2, times .0485, calculated without basic skills and transportation
sparsity revenue, new text end times the number of pupil units generated by students attending deleted text begin a
state-approved public deleted text end new text begin an area learning center or new text end alternative new text begin learning new text end program. The amount
of reserved revenue available under this subdivision may only be spent for program costs
associated with the deleted text begin state-approved public deleted text end new text begin area learning center or new text end alternative new text begin learning
new text end program. deleted text begin Compensatory revenue must be allocated according to section 126C.15,
subdivision 2. deleted text end new text begin Basic skills revenue generated according to section 126C.10, subdivision 4,
by pupils attending the eligible program must be allocated to the program.
new text end

(ii) General education revenue for a pupil in deleted text begin an approved deleted text end new text begin a state-approved new text end
alternative program without an independent study component must be prorated for a
pupil participating for less than a full year, or its equivalent. The district must develop a
continual learning plan for the pupil, consistent with section 124D.128, subdivision 3.
Each school district that has deleted text begin a state-approved public deleted text end new text begin an area learning center or new text end alternative
new text begin learning new text end program must reserve revenue in an amount equal to at least 90 percent of the
district average general education revenue per pupil unit deleted text begin less compensatory revenue per
pupil unit deleted text end new text begin , minus an amount equal to the product of the formula allowance according
to section 126C.10, subdivision 2, times .0485, calculated without basic skills and
transportation sparsity revenue, new text end times the number of pupil units generated by students
attending deleted text begin a state-approved public deleted text end new text begin an area learning center or new text end alternative new text begin learning new text end program.
The amount of reserved revenue available under this subdivision may only be spent for
program costs associated with the deleted text begin state-approved public deleted text end new text begin area learning center or new text end alternative
new text begin learning new text end program. deleted text begin Compensatory revenue must be allocated according to section 126C.15,
subdivision 2. deleted text end new text begin Basic skills revenue generated according to section 126C.10, subdivision 4,
by pupils attending the eligible program must be allocated to the program. new text end

(iii) General education revenue for a pupil in deleted text begin an approved deleted text end new text begin a state-approved new text end
alternative program that has an independent study component must be paid for each hour
of teacher contact time and each hour of independent study time completed toward a
credit or graduation standards necessary for graduation. Average daily membership for a
pupil shall equal the number of hours of teacher contact time and independent study
time divided by 1,020.

(iv) For deleted text begin an deleted text end new text begin a state-approved new text end alternative program having an independent study
component, the commissioner shall require a description of the courses in the program, the
kinds of independent study involved, the expected learning outcomes of the courses, and
the means of measuring student performance against the expected outcomes.

Sec. 40.

Minnesota Statutes 2008, section 126C.05, subdivision 20, is amended to read:

Subd. 20.

Project-based average daily membership.

(a) new text begin Project-based is an
instructional program where students complete coursework for credit at an individual pace
that is primarily student-led and may be completed on site, in the community, or online. A
project-based program may be made available to all or designated students and grades
in a school. new text end To receive general education revenue for a pupil enrolled in a public school
with a project-based program, a school must meet the requirements in this paragraph.
The school must:

(1) deleted text begin register with the commissioner as a project-based program by May 30 of the
preceding fiscal year deleted text end new text begin apply and receive approval from the commissioner as a project-based
program at least 90 days prior to starting the program new text end ;

(2) provide a minimum teacher contact of no less than one hour per week per
project-based credit for each pupil;

new text begin (3) ensure that the program will not increase the total average daily membership
generated by the student and that there will be the expectation that the students will be
making typical progression towards high school graduation;
new text end

deleted text begin (3) deleted text end new text begin (4) new text end maintain a record system that shows when each credit or portion thereof was
reported for membership for each pupil; and

deleted text begin (4) deleted text end new text begin (5) new text end report pupil membership consistent with paragraph (b).

(b) The commissioner must develop a formula for reporting pupil membership to
compute average daily membership for each deleted text begin registered deleted text end new text begin approved new text end project-based deleted text begin school deleted text end new text begin
program new text end . Average daily membership for a pupil in deleted text begin a registered deleted text end new text begin an approved new text end project-based
program is the lesser of:

(1) 1.0; or

(2) the ratio of (i) the number of membership hours generated by project-based
credits completed during the school year plus membership hours generated by credits
completed in a seat-based setting to (ii) the annual required instructional hours at that
grade level. Membership hours for a partially completed project-based credit must be
prorated. new text begin General education revenue for a pupil in a project-based program must be
prorated for a pupil participating for less than a full year, or its equivalent.
new text end

new text begin (c) For a program that has not been approved by the commissioner for project-based
learning but an auditor or other site visit deems that any portion or credits awarded
by the school are project-based, student membership must be computed according to
paragraph (b).
new text end

Sec. 41.

new text begin [127A.70] MINNESOTA P-20 EDUCATION PARTNERSHIP.
new text end

new text begin Subdivision 1. new text end

new text begin Establishment; membership. new text end

new text begin A P-20 education partnership is
established to create a seamless system of education that maximizes achievements of
all students, from early childhood through elementary, secondary, and postsecondary
education, while promoting the efficient use of financial and human resources. The
partnership shall consist of major statewide educational groups or constituencies or
noneducational statewide organizations with a stated interest in P-20 education. The initial
membership of the partnership includes the members serving on the Minnesota P-16
Education Partnership and four legislators appointed as follows:
new text end

new text begin (1) one senator from the majority party and one senator from the minority party,
appointed by the Subcommittee on Committees of the Committee on Rules and
Administration; and
new text end

new text begin (2) one member of the house of representatives appointed by the speaker of the
house and one member appointed by the minority leader of the house of representatives.
new text end

new text begin The chair of the P-16 education partnership must convene the first meeting of the
P-20 partnership. Prospective members may be nominated by any partnership member and
new members will be added with the approval of a two-thirds majority of the partnership.
The partnership will also seek input from nonmember organizations whose expertise can
help inform the partnership's work.
new text end

new text begin Partnership members shall be represented by the chief executives, presidents, or
other formally designated leaders of their respective organizations, or their designees. The
partnership shall meet at least three times during each calendar year.
new text end

new text begin Subd. 2. new text end

new text begin Powers and duties; report. new text end

new text begin The partnership shall develop
recommendations to the governor and the legislature designed to maximize the
achievement of all P-20 students while promoting the efficient use of state resources,
thereby helping the state realize the maximum value for its investment. These
recommendations may include, but are not limited to, strategies, policies, or other actions
focused on:
new text end

new text begin (1) improving the quality of and access to education at all points from preschool
through graduate education;
new text end

new text begin (2) improving preparation for, and transitions to, postsecondary education and
work; and
new text end

new text begin (3) ensuring educator quality by creating rigorous standards for teacher recruitment,
teacher preparation, induction and mentoring of beginning teachers, and continuous
professional development for career teachers.
new text end

new text begin By January 15 of each year, the partnership shall submit a report to the governor
and to the chairs and ranking minority members of the legislative committees and
divisions with jurisdiction over P-20 education policy and finance that summarizes the
partnership's progress in meeting its goals and identifies the need for any draft legislation
when necessary to further the goals of the partnership to maximize student achievement
while promoting efficient use of resources.
new text end

new text begin Subd. 3. new text end

new text begin Expiration. new text end

new text begin Notwithstanding section 15.059, subdivision 5, the partnership
is permanent and does not expire.
new text end

Sec. 42.

Minnesota Statutes 2008, section 171.05, subdivision 2, is amended to read:

Subd. 2.

Person less than 18 years of age.

(a) Notwithstanding any provision
in subdivision 1 to the contrary, the department may issue an instruction permit to an
applicant who is 15, 16, or 17 years of age and who:

(1) has completed a course of driver education in another state, has a previously
issued valid license from another state, or is enrolled in either:

(i) a public, private, or commercial driver education program that is approved by
the commissioner of public safety and that includes classroom and behind-the-wheel
training; or

(ii) an approved behind-the-wheel driver education program when the student is
receiving full-time instruction in a home school within the meaning of sections 120A.22
and 120A.24, the student is working toward a homeschool diploma, deleted text begin the student's status
as a homeschool student has been certified by the superintendent of the school district in
which the student resides, and deleted text end the student is taking home-classroom driver training with
classroom materials approved by the commissioner of public safety new text begin , and the student's
parent or guardian has certified the student's homeschool and home-classroom driver
training status on the form approved by the commissioner new text end ;

(2) has completed the classroom phase of instruction in the driver education program;

(3) has passed a test of the applicant's eyesight;

(4) has passed a department-administered test of the applicant's knowledge of traffic
laws;

(5) has completed the required application, which must be approved by (i) either
parent when both reside in the same household as the minor applicant or, if otherwise, then
(ii) the parent or spouse of the parent having custody or, in the event there is no court order
for custody, then (iii) the parent or spouse of the parent with whom the minor is living
or, if items (i) to (iii) do not apply, then (iv) the guardian having custody of the minor or,
in the event a person under the age of 18 has no living father, mother, or guardian, or is
married or otherwise legally emancipated, then (v) the applicant's adult spouse, adult close
family member, or adult employer; provided, that the approval required by this clause
contains a verification of the age of the applicant and the identity of the parent, guardian,
adult spouse, adult close family member, or adult employer; and

(6) has paid the fee required in section 171.06, subdivision 2.

(b) new text begin For the purposes of determining compliance with the certification of paragraph
(a), clause (1), item (ii), the commissioner may request verification of a student's
homeschool status from the superintendent of the school district in which the student
resides and the superintendent shall provide that verification.
new text end

new text begin (c) new text end The instruction permit is valid for two years from the date of application and
may be renewed upon payment of a fee equal to the fee for issuance of an instruction
permit under section 171.06, subdivision 2.

Sec. 43.

Minnesota Statutes 2008, section 171.17, subdivision 1, is amended to read:

Subdivision 1.

Offenses.

(a) The department shall immediately revoke the license
of a driver upon receiving a record of the driver's conviction of:

(1) manslaughter resulting from the operation of a motor vehicle or criminal
vehicular homicide or injury under section 609.21;

(2) a violation of section 169A.20 or 609.487;

(3) a felony in the commission of which a motor vehicle was used;

(4) failure to stop and disclose identity and render aid, as required under section
169.09, in the event of a motor vehicle accident, resulting in the death or personal injury
of another;

(5) perjury or the making of a false affidavit or statement to the department under
any law relating to the new text begin application, new text end ownership or operation of a motor vehicle new text begin , including
on the certification required under section 171.05, subdivision 2, clause (1), item (ii), to
issue an instruction permit to a homeschool student new text end ;

(6) except as this section otherwise provides, three charges of violating within a
period of 12 months any of the provisions of chapter 169 or of the rules or municipal
ordinances enacted in conformance with chapter 169, for which the accused may be
punished upon conviction by imprisonment;

(7) two or more violations, within five years, of the misdemeanor offense described
in section 169.444, subdivision 2, paragraph (a);

(8) the gross misdemeanor offense described in section 169.444, subdivision 2,
paragraph (b);

(9) an offense in another state that, if committed in this state, would be grounds for
revoking the driver's license; or

(10) a violation of an applicable speed limit by a person driving in excess of 100
miles per hour. The person's license must be revoked for six months for a violation of
this clause, or for a longer minimum period of time applicable under section 169A.53,
169A.54, or 171.174.

(b) The department shall immediately revoke the school bus endorsement of a driver
upon receiving a record of the driver's conviction of the misdemeanor offense described in
section 169.443, subdivision 7.

Sec. 44.

Minnesota Statutes 2008, section 171.22, subdivision 1, is amended to read:

Subdivision 1.

Violations.

With regard to any driver's license, including a
commercial driver's license, it shall be unlawful for any person:

(1) to display, cause or permit to be displayed, or have in possession, any fictitious
or fraudulently altered driver's license or Minnesota identification card;

(2) to lend the person's driver's license or Minnesota identification card to any other
person or knowingly permit the use thereof by another;

(3) to display or represent as one's own any driver's license or Minnesota
identification card not issued to that person;

(4) to use a fictitious name or date of birth to any police officer or in any application
for a driver's license or Minnesota identification card, or to knowingly make a false
statement, or to knowingly conceal a material fact, or otherwise commit a fraud in any
such application;

(5) to alter any driver's license or Minnesota identification card;

(6) to take any part of the driver's license examination for another or to permit
another to take the examination for that person;

(7) to make a counterfeit driver's license or Minnesota identification card;

(8) to use the name and date of birth of another person to any police officer for the
purpose of falsely identifying oneself to the police officer; deleted text begin or
deleted text end

(9) to display as a valid driver's license any canceled, revoked, or suspended driver's
license. A person whose driving privileges have been withdrawn may display a driver's
license only for identification purposes new text begin ; or
new text end

new text begin (10) to submit a false affidavit or statement to the department on the certification
required under section 171.05, subdivision 2, clause (1), item (ii), to issue an instruction
permit to a homeschool student new text end .

Sec. 45.

Minnesota Statutes 2008, section 181A.05, subdivision 1, is amended to read:

Subdivision 1.

When issued.

Any minor 14 or 15 years of age who wishes to work
on school days during school hours shall first secure an employment certificate. The
certificate shall be issued only by the school district superintendent, the superintendent's
agent, deleted text begin or deleted text end some other person designated by the Board of Education new text begin , or by the person in
charge of providing instruction for students enrolled in nonpublic schools as defined in
section 120A.22, subdivision 4 new text end . The employment certificate shall be issued only for
a specific position with a designated employer and shall be issued only in the following
circumstances:

(1) if a minor is to be employed in an occupation not prohibited by rules promulgated
under section 181A.09 and as evidence thereof presents a signed statement from the
prospective employer; and

(2) if the parent or guardian of the minor consents to the employment; and

(3) if the issuing officer believes the minor is physically capable of handling the job
in question and further believes the best interests of the minor will be served by permitting
the minor to work.

Sec. 46. new text begin IMPLEMENTING RIGOROUS COURSEWORK MEASURES
RELATED TO STUDENT PERFORMANCE.
new text end

new text begin To implement the requirements of Minnesota Statutes, section 120B.35, subdivision
3, paragraph (c), clauses (1) and (2), and to help parents and members of the public better
understand the reported data, the commissioner of education must convene a group
of recognized and qualified experts and interested stakeholders, including parents and
teachers among other stakeholders, to develop a model projecting anticipated performance
of each high school on preparation and rigorous coursework measures that compares the
school with similar schools. The model must use information about entering high school
students based on particular background characteristics that are predictive of differing
rates of college readiness. These characteristics include grade 8 achievement levels, high
school student mobility, high school student attendance, and the size of each entering ninth
grade class. The group of experts and stakeholders may examine other characteristics not
part of the prediction model including the nine student categories identified under the
federal 2001 No Child Left Behind Act, and two student gender categories of male and
female, respectively. The commissioner annually must use the predicted level of entering
students' performance to provide a context for interpreting graduating students' actual
performance. The group convened under this section expires June 30, 2011.
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, 2011.
new text end

Sec. 47. new text begin IMPLEMENTING MEASURES FOR ASSESSING SCHOOL SAFETY
AND STUDENTS' ENGAGEMENT AND CONNECTION AT SCHOOL .
new text end

new text begin (a) To implement the requirements of Minnesota Statutes, section 120B.35,
subdivision 3, paragraph (d), the commissioner of education, in consultation with
interested stakeholders, including parents and teachers among other stakeholders,
must convene a group of recognized and qualified experts on student engagement and
connection and classroom teachers currently teaching in Minnesota schools to:
new text end

new text begin (1) identify highly reliable variables of student engagement and connection that
may include student attendance, home support for learning, and student participation in
out-of-school activities, among other variables; and
new text end

new text begin (2) determine how to report "safety" in order to comply with federal law.
new text end

new text begin (b) The commissioner must submit a written report and all the group's working
papers to the education committees of the house of representatives and senate by February
15, 2010, presenting the group's responses to paragraph (a), clauses (1) and (2). The
commissioner must submit a second, related report to the education committees of the
legislature by February 15, 2013, indicating the content and analysis of and the format
for reporting the data collected in the 2010-2011 and 2011-2012 school years under
Minnesota Statutes, section 120B.35, subdivision 3, paragraph (d). The group convened
under this section expires December 31, 2013.
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, 2013.
new text end

Sec. 48. new text begin EXAMINING THE CHARACTERISTICS AND IMPACT OF HIGH
STAKES MATH AND SCIENCE TESTS IN THE CONTEXT OF AWARDING
HIGH SCHOOL DIPLOMAS.
new text end

new text begin (a) To carefully and responsibly determine the state policy of administering high
stakes math and science tests in the context of awarding high school diplomas, the
Independent Office of Educational Accountability under Minnesota Statutes, section
120B.31, subdivision 3, must convene and facilitate an advisory group that includes
measurement experts selected by the State Council on Measurement in Education,
three regionally diverse school district research and evaluation directors selected by the
Minnesota Assessment Group, one school superintendent selected by the Minnesota
Association of School Administrators, one high school principal selected by the Minnesota
Board of School Administrators, one University of Minnesota faculty member selected
by the dean of the College of Education and Human Development, one licensed math
teacher and one licensed science teacher selected by Education Minnesota, the director of
evaluation and testing at the Minnesota Department of Education, two parents of currently
enrolled high school students selected by the Minnesota Parent Teacher Association,
one representative of the business community selected by the Minnesota Chamber of
Commerce, one representative of the business community selected by the Minnesota
Business Partnership, one representative of Minnesota's two-year postsecondary
institutions selected by Minnesota State Colleges and Universities, one representative of
Minnesota's four-year postsecondary institutions selected by the University of Minnesota,
an interested member of the public, and mathematicians, scientists, and workforce
development experts that the Office of Educational Accountability selects to consider and
recommend how best to motivate students and improve students' academic achievement in
the context of high stakes math and science exams required for high school graduation.
The advisory group at least must evaluate and make recommendations on:
new text end

new text begin (1) particular kinds of math and science exams that Minnesota might use as high
stakes exams to award or deny students a high school diploma;
new text end

new text begin (2) appropriate levels of high school math and science proficiency and the
educational support to help students achieve those proficiency levels;
new text end

new text begin (3) the relationship between math and science proficiency levels and state definitions
of college and career readiness;
new text end

new text begin (4) the interrelationship between requiring students to demonstrate math and science
proficiency and college or career readiness, and awarding or denying students a high
school diploma;
new text end

new text begin (5) the interrelationship between high stakes testing and other coursework and
credits required for graduation or college and career readiness; and
new text end

new text begin (6) appropriate accommodations for students with individualized education plans
and students with limited English proficiency in some circumstances.
new text end

new text begin (b) The advisory group under paragraph (a) is not subject to Minnesota Statutes,
section 15.059. The Office of Educational Accountability must present the advisory
group's evaluation and recommendations under paragraph (a) to the education policy
and finance committees of the legislature by February 15, 2010. The advisory group
expires on June 1, 2010.
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. 49. new text begin ADVISORY TASK FORCE.
new text end

new text begin (a) An advisory task force on improving teacher quality and identifying institutional
structures and strategies for effectively integrating secondary and postsecondary academic
and career education is established to consider and recommend to the education policy and
finance committees of the legislature proposals on how to:
new text end

new text begin (1) foster classroom teachers' interest and ability to acquire a master's degree in the
teachers' substantive fields of licensure; and
new text end

new text begin (2) meet all elementary and secondary students' needs for adequate education
planning and preparation and improve all students' ability to acquire the knowledge and
skills needed for postsecondary academic and career education.
new text end

new text begin (b) The commissioner of education, or the commissioner's designee, shall appoint
an advisory task force that is composed of a representative from each of the following
entities: Education Minnesota, the University of Minnesota, the Minnesota Department
of Education, the Minnesota Board of Teaching, the Minnesota Private College Council,
the Minnesota Office of Higher Education, the Minnesota Career College Association,
the Minnesota Parent Teacher Association, the Minnesota Chamber of Commerce, the
Minnesota Business Partnership, the Minnesota Department of Employment and Economic
Development, the Minnesota Association of Career and Technical Administrators,
the Minnesota Association of Career and Technical Educators, the Minnesota State
Colleges and Universities, and other representatives of other entities recommended by
task force members. Task force members' terms and other task force matters are subject
to Minnesota Statutes, section 15.059. The commissioner of education may reimburse
task force members from the Department of Education's current operating budget but may
not compensate task force members for task force activities. By February 15, 2010, the
task force must submit written recommendations to the education policy and finance
committees of the legislature on improving teacher quality and identifying the institutional
structures and strategies for effectively integrating secondary and postsecondary academic
and career education, consistent with this section.
new text end

new text begin (c) Upon request, the commissioner of education must provide the task force with
technical, fiscal, and other support services.
new text end

new text begin (d) The advisory task force expires February 16, 2010.
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. 50. new text begin APPROPRIATION; OFFICE OF EDUCATIONAL ACCOUNTABILITY.
new text end

new text begin $....... in fiscal year 2010 and $....... in fiscal year 2011 is appropriated from the
general fund to the Board of Regents of the University of Minnesota for the Office of
Educational Accountability under Minnesota Statutes, section 120B.31, subdivision 3.
new text end

new text begin Any balance in the first year does not cancel but is available in the second year. The
base appropriation for the Office of Educational Accountability in fiscal years 2010 and
2011 is $....... each year.
new text end

Sec. 51. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2008, section 120B.362, new text end new text begin is repealed the day following final
enactment.
new text end

ARTICLE 3

SPECIAL PROGRAMS

Section 1.

Minnesota Statutes 2008, section 121A.41, subdivision 7, is amended to
read:

Subd. 7.

Pupil.

"Pupil" means any student:

(1) without a disability under 21 years deleted text begin of age deleted text end new text begin old new text end ; or

(2) with a disability deleted text begin until September 1 after the child with a disability becomes 22
years of age deleted text end new text begin under 21 years old who has not received a regular high school diploma or
for a child with a disability who becomes 21 years old during the school year but has not
received a regular high school diploma, until the end of that school year new text end ;

(3) and who remains eligible to attend a public elementary or secondary school.

Sec. 2.

Minnesota Statutes 2008, section 125A.02, is amended to read:

125A.02 CHILD WITH A DISABILITY DEFINED.

Subdivision 1.

Child with a disability.

deleted text begin Every child who has deleted text end new text begin "Child with a
disability" means a child identified under federal and state special education law as
having new text end a hearing impairment, blindness, visual disability, speech or language impairment,
physical disability, other health impairment, mental disability, emotional/behavioral
disorder, specific learning disability, autism, traumatic brain injury, multiple disabilities, or
deaf/blind disability deleted text begin and deleted text end new text begin who new text end needs special deleted text begin instruction and deleted text end new text begin education and related new text end services,
as determined by the deleted text begin standards deleted text end new text begin rules new text end of the commissioner, is a child with a disability. A
licensed physician, an advanced practice nurse, or a licensed psychologist is qualified
to make a diagnosis and determination of attention deficit disorder or attention deficit
hyperactivity disorder for purposes of identifying a child with a disability.

new text begin Subd. 1a. new text end

new text begin Children ages three through seven experiencing developmental
delays. new text end

In addition, every child under age three, and at local district discretion from age
three to age seven, who needs special instruction and services, as determined by the
deleted text begin standards deleted text end new text begin rules new text end of the commissioner, because the child has a substantial delay or has
an identifiable physical or mental condition known to hinder normal development is
a child with a disability.

Subd. 2.

Not a child with a disability.

A child with a short-term or temporary
physical or emotional illness or disability, as determined by the deleted text begin standards deleted text end new text begin rules new text end of the
commissioner, is not a child with a disability.

Sec. 3.

new text begin [125A.031] GENERAL SCHOOL DISTRICT OBLIGATIONS TO
CHILDREN WITH DISABILITIES.
new text end

new text begin (a) Except as specifically provided in other law, the following requirements
governing school district obligations to children with disabilities apply.
new text end

new text begin (b) A resident school district must identify, locate, and evaluate every child with
a disability who is in need of special education and related services, including a child
from birth to age 3.
new text end

new text begin (c) A resident school district must make available a free appropriate public education
to:
new text end

new text begin (1) a child with a disability under 21 years old who has not received a regular high
school diploma; and
new text end

new text begin (2) for the duration of the school year, a child with a disability who becomes 21
years old during that school year but has not received a regular high school diploma.
new text end

new text begin (d) The resident school district must ensure that a child with a disability who is
enrolled in a nonpublic school or facility receives special education and related services,
consistent with the child's individualized education program, at no cost to the child's parent
if the district places the child in the nonpublic school or facility to meet the requirements
of this section or applicable federal law.
new text end

new text begin (e) Consistent with the number of children with disabilities who are enrolled by their
parents in a nonpublic school or facility located within a district, the district in which the
nonpublic school or facility is located must ensure that those children have an opportunity
to participate in special education and related services and that the amount the district
spends to provide such services must be at least equal to the proportionate amount of
federal funds made available under this chapter.
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. 4.

Minnesota Statutes 2008, section 125A.07, is amended to read:

125A.07 deleted text begin RULES OF COMMISSIONER deleted text end new text begin RULEMAKING new text end .

(a) deleted text begin As defined in deleted text end new text begin Consistent with new text end this deleted text begin paragraph deleted text end new text begin section new text end , the commissioner deleted text begin must deleted text end new text begin
shall new text end adopt new text begin new rules and amend existing new text end rules deleted text begin relative to qualifications of essential
personnel, courses of study, methods of instruction, pupil eligibility, size of classes, rooms,
equipment, supervision, parent consultation, and other necessary rules for instruction of
children with a disability. These rules must provide standards and procedures appropriate
for the implementation of and within the limitations of sections 125A.08 and 125A.091.
These rules must also provide standards for the discipline, control, management, and
protection of children with a disability. The commissioner must not adopt rules for pupils
served primarily in the regular classroom establishing either case loads or the maximum
number of pupils that may be assigned to special education teachers. The commissioner, in
consultation with the Departments of Health and Human Services, must adopt permanent
rules for instruction and services for children under age five and their families. These
rules are binding on state and local education, health, and human services agencies. The
commissioner must adopt rules to determine eligibility for special education services. The
rules must include procedures and standards by which to grant variances for experimental
eligibility criteria. The commissioner must, according to section 14.05, subdivision 4,
notify a district applying for a variance from the rules within 45 calendar days of receiving
the request whether the request for the variance has been granted or denied. If a request is
denied, the commissioner must specify the program standards used to evaluate the request
and the reasons for denying the request deleted text end new text begin related to children with disabilities only under
specific authority and consistent with the requirements of chapter 14 and paragraph (c) new text end .

(b) As provided in this paragraph, the state's regulatory scheme should support
schools by assuring that all state special education rules adopted by the commissioner
result in one or more of the following outcomes:

(1) increased time available to teachers and, where appropriate, to support staff
including school nurses for educating students through direct and indirect instruction;

(2) consistent and uniform access to effective education programs for students with
disabilities throughout the state;

(3) reduced inequalities and conflict, appropriate due process hearing procedures
and reduced court actions related to the delivery of special education instruction and
services for students with disabilities;

(4) clear expectations for service providers and for students with disabilities;

(5) increased accountability for all individuals and agencies that provide instruction
and other services to students with disabilities;

(6) greater focus for the state and local resources dedicated to educating students
with disabilities; and

(7) clearer standards for evaluating the effectiveness of education and support
services for students with disabilities.

new text begin (c) Subject to chapter 14, the commissioner may adopt, amend, or rescind a rule
related to children with disabilities if such action is specifically required by federal law.
new text end

Sec. 5.

Minnesota Statutes 2008, section 125A.08, is amended to read:

125A.08 deleted text begin SCHOOL DISTRICT OBLIGATIONS deleted text end new text begin INDIVIDUALIZED
EDUCATION PROGRAMS new text end .

(a) new text begin At the beginning of each school year, each school district shall have in effect, for
each child with a disability, an individualized education program.
new text end

new text begin (b) new text end As defined in this section, every district must ensure the following:

(1) all students with disabilities are provided the special instruction and services
which are appropriate to their needs. Where the individual education plan team has
determined appropriate goals and objectives based on the student's needs, including the
extent to which the student can be included in the least restrictive environment, and Where
there are essentially equivalent and effective instruction, related services, or assistive
technology devices available to meet the student's needs, cost to the district may be among
the factors considered by the team in choosing how to provide the appropriate services,
instruction, or devices that are to be made part of the student's individual education plan.
The individual education plan team shall consider and may authorize services covered
by medical assistance according to section 256B.0625, subdivision 26. The student's
needs and the special education instruction and services to be provided must be agreed
upon through the development of an individual education plan. The plan must address
the student's need to develop skills to live and work as independently as possible within
the community. The individual education plan team must consider positive behavioral
interventions, strategies, and supports that address behavior for children with attention
deficit disorder or attention deficit hyperactivity disorder. deleted text begin By deleted text end new text begin During new text end grade 9 deleted text begin or age 14 deleted text end ,
the plan must address the student's needs for transition from secondary services to
postsecondary education and training, employment, community participation, recreation,
and leisure and home living. In developing the plan, districts must inform parents of the
full range of transitional goals and related services that should be considered. The plan
must include a statement of the needed transition services, including a statement of the
interagency responsibilities or linkages or both before secondary services are concluded;

(2) children with a disability under age five and their families are provided special
instruction and services appropriate to the child's level of functioning and needs;

(3) children with a disability and their parents or guardians are guaranteed procedural
safeguards and the right to participate in decisions involving identification, assessment
including assistive technology assessment, and educational placement of children with a
disability;

(4) eligibility and needs of children with a disability are determined by an initial
assessment or reassessment, which may be completed using existing data under United
States Code, title 20, section 33, et seq.;

(5) to the maximum extent appropriate, children with a disability, including those
in public or private institutions or other care facilities, are educated with children who
are not disabled, and that special classes, separate schooling, or other removal of children
with a disability from the regular educational environment occurs only when and to the
extent that the nature or severity of the disability is such that education in regular classes
with the use of supplementary services cannot be achieved satisfactorily;

(6) in accordance with recognized professional standards, testing and evaluation
materials, and procedures used for the purposes of classification and placement of children
with a disability are selected and administered so as not to be racially or culturally
discriminatory; and

(7) the rights of the child are protected when the parents or guardians are not known
or not available, or the child is a ward of the state.

deleted text begin (b) deleted text end new text begin (c) new text end For paraprofessionals employed to work in programs for students with
disabilities, the school board in each district shall ensure that:

(1) before or immediately upon employment, each paraprofessional develops
sufficient knowledge and skills in emergency procedures, building orientation, roles and
responsibilities, confidentiality, vulnerability, and reportability, among other things, to
begin meeting the needs of the students with whom the paraprofessional works;

(2) annual training opportunities are available to enable the paraprofessional to
continue to further develop the knowledge and skills that are specific to the students with
whom the paraprofessional works, including understanding disabilities, following lesson
plans, and implementing follow-up instructional procedures and activities; and

(3) a districtwide process obligates each paraprofessional to work under the ongoing
direction of a licensed teacher and, where appropriate and possible, the supervision of a
school nurse.

Sec. 6.

Minnesota Statutes 2008, section 125A.091, is amended to read:

125A.091 ALTERNATIVE DISPUTE RESOLUTION AND DUE PROCESS
HEARINGS.

deleted text begin Subdivision 1. deleted text end

deleted text begin District obligation. deleted text end

deleted text begin A school district must use the procedures in
federal law and state law and rule to reach decisions about the identification, evaluation,
educational placement, manifestation determination, interim alternative educational
placement, or the provision of a free appropriate public education to a child with a
disability.
deleted text end

deleted text begin Subd. 2. deleted text end

deleted text begin Prior written notice. deleted text end

deleted text begin A parent must receive prior written notice
a reasonable time before the district proposes or refuses to initiate or change the
identification, evaluation, educational placement, or the provision of a free appropriate
public education to a child with a disability.
deleted text end

deleted text begin Subd. 3. deleted text end

deleted text begin Content of notice. deleted text end

deleted text begin The notice under subdivision 2 must:
deleted text end

deleted text begin (1) describe the action the district proposes or refuses;
deleted text end

deleted text begin (2) explain why the district proposes or refuses to take the action;
deleted text end

deleted text begin (3) describe any other option the district considered and the reason why it rejected
the option;
deleted text end

deleted text begin (4) describe each evaluation procedure, test, record, or report the district used as a
basis for the proposed or refused action;
deleted text end

deleted text begin (5) describe any other factor affecting the proposal or refusal of the district to take
the action;
deleted text end

deleted text begin (6) state that the parent of a child with a disability is protected by procedural
safeguards and, if this notice is not an initial referral for evaluation, how a parent can get a
description of the procedural safeguards; and
deleted text end

deleted text begin (7) identify where a parent can get help in understanding this law.
deleted text end

new text begin Subd. 3a. new text end

new text begin Additional requirements for prior written notice. new text end

new text begin In addition to federal
law requirements, a prior written notice shall:
new text end

new text begin (1) inform the parent that except for the initial placement of a child in special
education, the school district will proceed with its proposal for the child's placement or
for providing special education services unless the child's parent notifies the district of
an objection within 14 days of when the district sends the prior written notice to the
parent; and
new text end

new text begin (2) state that a parent who objects to a proposal or refusal in the prior written notice
may request a conciliation conference under subdivision 7 or another alternative dispute
resolution procedure under subdivision 8 or 9.
new text end

deleted text begin Subd. 4. deleted text end

deleted text begin Understandable notice. deleted text end

deleted text begin (a) The written notice under subdivision 2 must
be understandable to the general public and available in the parent's native language or by
another communication form, unless it is clearly not feasible to do so.
deleted text end

deleted text begin (b) If the parent's native language or other communication form is not written,
the district must take steps to ensure that:
deleted text end

deleted text begin (1) the notice is translated orally or by other means to the parent in the parent's
native language or other communication form;
deleted text end

deleted text begin (2) the parent understands the notice; and
deleted text end

deleted text begin (3) written evidence indicates the requirements in subdivision 2 are met.
deleted text end

Subd. 5.

Initial action; parent consent.

(a) The district must not proceed with the
initial evaluation of a child, the initial placement of a child in a special education program,
or the initial provision of special education services for a child without the prior written
consent of the child's parent. A district may not override the written refusal of a parent to
consent to an initial evaluation or reevaluation.

(b) A parent, after consulting with health care, education, or other professional
providers, may agree or disagree to provide the parent's child with sympathomimetic
medications unless section 144.344 applies.

Subd. 6.

Dispute resolution processes; generally.

Parties are encouraged to
resolve disputes over the identification, evaluation, educational placement, manifestation
determination, interim alternative educational placement, or the provision of a free
appropriate public education to a child with a disability through conciliation, mediation,
facilitated team meetings, or other alternative process. All dispute resolution options are
voluntary on the part of the parent and must not be used to deny or delay the right to a
due process hearing. All dispute resolution processes under this section are provided
at no cost to the parent.

Subd. 7.

Conciliation conference.

A parent must have an opportunity to meet
with appropriate district staff in at least one conciliation conference if the parent objects
to any proposal of which the parent receives notice under subdivision deleted text begin 2 deleted text end new text begin 3a new text end . deleted text begin If the parent
refuses district efforts to conciliate the dispute, the conciliation requirement is satisfied.
Following a conciliation conference deleted text end new text begin A district must hold a conciliation conference within
ten calendar days from the date the district receives a parent's objection to a proposal or
refusal in the prior written notice. Except as provided in this section, all discussions held
during a conciliation conference are confidential and are not admissible in a due process
hearing. Within five school days after the final conciliation conference new text end , the district must
prepare and provide to the parent a conciliation conference memorandum that describes
the district's final proposed offer of service. This memorandum is admissible in evidence
in any subsequent proceeding.

Subd. 8.

Voluntary dispute resolution options.

In addition to offering at least
one conciliation conference, a district must inform a parent of other dispute resolution
processes, including at least mediation and facilitated team meetings. The fact that
an alternative dispute resolution process was used is admissible in evidence at any
subsequent proceeding. State-provided mediators and team meeting facilitators shall not
be subpoenaed to testify at a due process hearing or civil action under federal special
education law nor are any records of mediators or state-provided team meeting facilitators
accessible to the parties.

Subd. 9.

Mediation.

Mediation is a dispute resolution process that involves a
neutral party provided by the state to assist a parent and a district in resolving disputes
over the identification, evaluation, educational placement, manifestation determination,
interim alternative educational placement, or the provision of a free appropriate public
education to a child with a disability. A mediation process is available as an informal
alternative to a due process hearing but must not be used to deny or postpone the
opportunity of a parent or district to obtain a due process hearing. Mediation is voluntary
for all parties. All mediation discussions are confidential and inadmissible in evidence
in any subsequent proceeding, unless the:

(1) parties expressly agree otherwise;

(2) evidence is otherwise available; or

(3) evidence is offered to prove bias or prejudice of a witness.

Subd. 10.

Mediated agreements.

deleted text begin Mediated agreements are not admissible unless
the parties agree otherwise or a party to the agreement believes the agreement is not being
implemented, in which case the aggrieved party may enter the agreement into evidence at
a due process hearing. The parties may request another mediation to resolve a dispute over
implementing the mediated agreement. After a due process hearing is requested, a party
may request mediation and the commissioner must provide a mediator who conducts a
mediation session no later than the third business day after the mediation request is made
to the commissioner. deleted text end new text begin If the parties resolve all or a portion of the dispute, or agree to use
another procedure to resolve the dispute, the mediator shall ensure that the resolution
or agreement is in writing and signed by the parties and each party is given a copy of
the document. The written resolution or agreement shall state that all discussions that
occurred during mediation are confidential and may not be used as evidence in any hearing
or civil proceeding. The resolution or agreement is legally binding upon the parties and is
enforceable in the state or federal district court. A party may request another mediation to
resolve a dispute over implementing the mediated agreement.
new text end

Subd. 11.

Facilitated team meeting.

A facilitated team meeting is an IEP, IFSP,
or IIIP team meeting led by an impartial state-provided facilitator to promote effective
communication and assist a team in developing an individualized education plan.

Subd. 12.

Impartial due process hearing.

deleted text begin (a) deleted text end A parent or a district is entitled to
an impartial due process hearing conducted by the state when a dispute arises over the
identification, evaluation, educational placement, manifestation determination, interim
alternative educational placement, or the provision of a free appropriate public education
to a child with a disability. The hearing must be held in the district responsible for
ensuring that a free appropriate public education is provided according to state and federal
law. The proceedings must be recorded and preserved, at state expense, pending ultimate
disposition of the action. new text begin The parent and the district shall receive, at state expense, a copy
of the hearing transcript or recording and the hearing officer's findings of fact, conclusion
of law, and decisions.
new text end

deleted text begin (b) The due process hearing must be conducted according to the rules of the
commissioner and federal law.
deleted text end

Subd. 13.

Hearing officer qualifications.

deleted text begin The commissioner must appoint an
individual who is qualified under this subdivision to serve as a hearing officer. deleted text end new text begin The
commissioner shall maintain a list of qualified hearing officers who are not employees of
or otherwise under contract with the department or the school district except when under
contract with the department as a hearing officer, and who do not have a personal or
professional interest that conflicts with their objectivity when serving as hearing officers
in hearings under this section. The list shall include a statement of the qualifications of
each person listed. A hearing officer must know and understand state and federal special
education laws, rules, and regulations, and legal interpretations by federal and state courts.
A hearing officer also must have the knowledge and ability to conduct hearings and render
and write decisions according to appropriate, standard legal practice. Upon receipt of a
written request for a hearing, the commissioner shall appoint a hearing officer from the
list. new text end The hearing officer must:

(1) be knowledgeable and impartial;

(2) have no personal interest in or specific involvement with the student who is a
party to the hearing;

(3) not have been employed as an administrator by the district that is a party to
the hearing;

(4) not have been involved in selecting the district administrator who is a party
to the hearing;

(5) have no personal, economic, or professional interest in the outcome of the
hearing other than properly administering federal and state laws, rules, and policies;

(6) have no substantial involvement in developing state or local policies or
procedures challenged in the hearing;

(7) not be a current employee or board member of a Minnesota public school district,
education district, intermediate unit or regional education agency, or the department if
the department is the service provider; and

(8) not be a current employee or board member of a disability advocacy organization
or group.

Subd. 14.

Request for hearing.

deleted text begin A request for a due process hearing must:
deleted text end

deleted text begin (1) be in writing;
deleted text end

deleted text begin (2) describe the nature of the dispute about providing special education services to
the student including facts relating to the dispute; and
deleted text end

deleted text begin (3) state, to the extent known, the relief sought.
deleted text end

deleted text begin Any school district administrator receiving a request for a due process hearing
must immediately forward the request to the commissioner. Within two business days of
receiving a request for a due process hearing, the commissioner must appoint a hearing
officer. The commissioner must not deny a request for hearing because the request
is incomplete. A party may disqualify a hearing officer only by affirmatively showing
prejudice or bias to the commissioner or to the chief administrative law judge if the hearing
officer is an administrative law judge. If a party affirmatively shows prejudice against a
hearing officer, the commissioner must assign another hearing officer to hear the matter. deleted text end new text begin (a)
A parent or a school district may file a written request for a due process hearing regarding
a proposal or refusal to initiate or change that child's evaluation, individualized education
program, or educational placement, or to provide a free appropriate public education.
new text end

new text begin (b) The parent shall include in the hearing request the name of the child, the address
of the child's residence, the name of the school the child attends, a description of the
child's problem relating to the proposed or refused initiation or change, including facts
relating to the problem, and a proposed resolution of the problem to the extent known
and available to the parents at the time.
new text end

new text begin (c) A parent or a school district may file a written request for a hearing under United
States Code, title 20, section 1415, paragraph (k).
new text end

new text begin (d) A parent or school district filing a request for a hearing under this subdivision
must provide the request to the other party and a copy of the request to the department.
Upon receiving a request for a hearing, the department shall give to the child's parent a
copy of the procedural safeguards notice available to a parent under federal regulations.
new text end

new text begin (e)(1) If the parent of a child with a disability files a written request for a hearing,
and the school district has not previously sent a written notice to the parent under
subdivision 3a, regarding the subject matter of the hearing request, the school district
shall, within ten days of receiving the hearing request, send to the child's parent a written
explanation of why the school district proposed or refused to take the action raised in the
hearing request, a description of other options that the individualized education program
team considered and the reason why those options were rejected, a description of each
evaluation procedure, assessment, record, or report that the school district used as the
basis for the proposed or refused action, and a description of the factors that are relevant
to the school district's proposal or refusal. A response by a school district under this
subdivision does not preclude the school district from asserting that the parent's request
for a hearing is insufficient under clause (2).
new text end

new text begin (2) A hearing may not occur until the party requesting the hearing files a request that
meets the requirements of paragraph (b). The request under paragraph (b) is considered
sufficient unless the party receiving the request notifies the hearing officer and the other
party in writing within 15 days of receiving the request that the receiving party believes
the request does not meet the requirements of paragraph (b). Within five days of receiving
a notice under this subdivision, the hearing officer shall determine whether the request
meets the requirements under paragraph (b) and notify the parties.
new text end

new text begin (f) Except as provided in paragraph (e), clause (1), the party receiving a request for a
hearing shall send to the party requesting the hearing a written response that addresses the
issues raised in the hearing request within ten days of receiving the request.
new text end

Subd. 15.

Prehearing conference.

A prehearing conference must be held within
five business days of the date the commissioner appoints the hearing officer. The hearing
officer must initiate the prehearing conference which may be conducted in person, at a
location within the district, or by telephone. The hearing officer must create a written
verbatim record of the prehearing conference which is available to either party upon
request. At the prehearing conference, the hearing officer must:

(1) identify the questions that must be answered to resolve the dispute and eliminate
claims and complaints that are without merit;

(2) set a scheduling order for the hearing and additional prehearing activities;

(3) determine if the hearing can be disposed of without an evidentiary hearing and, if
so, establish the schedule and procedure for doing so; and

(4) establish the management, control, and location of the hearing to ensure its fair,
efficient, and effective disposition.

Subd. 16.

Burden of proof.

The burden of proof at a due process hearing is on the
deleted text begin district to demonstrate, by a preponderance of the evidence, that it is complying with the
law and offered or provided a free appropriate public education to the child in the least
restrictive environment. If the district has not offered or provided a free appropriate public
education in the least restrictive environment and the parent wants the district to pay for a
private placement, the burden of proof is on the parent to demonstrate, by a preponderance
of the evidence, that the private placement is appropriate deleted text end new text begin party seeking relief new text end .

Subd. 17.

Admissible evidence.

The hearing officer may admit all evidence
that possesses probative value, including hearsay, if it is the type of evidence on which
reasonable, prudent persons are accustomed to rely in conducting their serious affairs. The
hearing officer must give effect to the rules of privilege recognized by law and exclude
evidence that is incompetent, irrelevant, immaterial, or unduly repetitious.

Subd. 18.

Hearing officer authority.

(a) A hearing officer must limit an impartial
due process hearing to the time sufficient for each party to present its case.

(b) A hearing officer must establish and maintain control and manage the hearing.
This authority includes, but is not limited to:

(1) requiring attorneys representing parties at the hearing, after notice and an
opportunity to be heard, to pay court reporting and hearing officer costs, or fines payable
to the state, for failing to: (i) obey scheduling or prehearing orders, (ii) appear, (iii) be
prepared, or (iv) participate in the hearing process in good faith;

(2) administering oaths and affirmations;

(3) issuing subpoenas;

(4) determining the responsible and providing districts and joining those districts, if
not already notified, in the proceedings;

(5) making decisions involving identification, evaluation, educational placement,
manifestation determination, interim alternative educational placement, or the provision of
a free appropriate public education to a child with a disability; deleted text begin and
deleted text end

(6) ordering an independent educational evaluation of a child at district expense new text begin ; and
new text end

new text begin (7) extending the hearing decision timeline for good cause shown.
new text end

new text begin (c) Good cause includes, but is not limited to, the time required for mediation or
other settlement discussions, independent educational evaluation, complexity and volume
of issues, or finding or changing counsel new text end .

Subd. 19.

Expedited due process hearings.

new text begin Consistent with federal law, new text end a parent
deleted text begin has the right to deleted text end new text begin or a school district may file a written request for new text end an expedited due process
hearing deleted text begin when there is a dispute over a manifestation determination or a proposed or actual
placement in an interim alternative educational setting. A district has the right to an
expedited due process hearing when proposing or seeking to maintain placement in an
interim alternative educational setting deleted text end . A hearing officer must hold an expedited due
process hearing new text begin within 20 school days of the date the expedited due process request is
filed new text end and must issue a decision within ten deleted text begin calendar deleted text end new text begin school new text end days deleted text begin of deleted text end new text begin after new text end the deleted text begin request for a deleted text end
hearing. deleted text begin A hearing officer may extend by up to five additional calendar days the time for
issuing a decision in an expedited due process hearing. All policies in this section apply
to expedited due process hearings to the extent they do not conflict with federal law. deleted text end new text begin A
resolution meeting must occur within seven days of receiving the request for an expedited
due process hearing unless the parent and the school district agree in writing either to
waive the resolution meeting or use the mediation process. The expedited due process
hearing may proceed unless the matter has been resolved to the satisfaction of both parties
within 15 days of receiving the expedited due process hearing request.
new text end

Subd. 20.

Hearing officer's decision; time period.

(a) The hearing officer must
deleted text begin issue a decision within 45 calendar days of the date on which the commissioner receives
the request for a due process hearing deleted text end new text begin ensure that not later than 45 days after the 30-day
period or the adjusted time periods under federal regulations expire, the hearing officer
reaches a final decision in the due process hearing and transmits a copy of the decision to
each party. A hearing officer, at the request of either party, may grant specific extensions
of time beyond the 45-day period under subdivision 18. The hearing officer must conduct
the oral arguments in a hearing at a time and place that is reasonably convenient to the
parents and child involved new text end . A hearing officer is encouraged to accelerate the time line to
30 days for a child under the age of three whose needs change rapidly and who requires
quick resolution of a dispute. deleted text begin A hearing officer may not extend the time beyond the 45-day
period unless requested by either party for good cause shown on the record. Extensions
of time must not exceed a total of 30 calendar days unless both parties and the hearing
officer agree or time is needed to complete an independent educational evaluation. Good
cause includes, but is not limited to, the time required for mediation or other settlement
discussions, independent educational evaluation, complexity and volume of issues, or
finding or changing counsel.
deleted text end

deleted text begin (b) The hearing officer's decision must:
deleted text end

deleted text begin (1) be in writing;
deleted text end

deleted text begin (2) state the controlling and material facts upon which the decision is made in order
to apprise the reader of the basis and reason for the decision; and
deleted text end

deleted text begin (3) be based on local standards, state statute, the rules of the commissioner, and
federal law.
deleted text end

new text begin (b) Once the hearing officer has issued a final decision, the hearing officer lacks
authority to amend the decision except for clerical or mathematical errors.
new text end

new text begin (c) Nothing in this subdivision precludes a hearing officer from ordering a school
district to comply with federal procedural safeguards under the federal Individuals with
Disabilities Education Act.
new text end

Subd. 21.

Compensatory educational services.

The hearing officer may require
the resident or responsible district to provide compensatory educational services to the
child if the hearing officer finds that the district has not offered or made available to
the child a free appropriate public education in the least restrictive environment and the
child suffered a loss of educational benefit. Such services take the form of direct and
indirect special education and related services designed to address any loss of educational
benefit that may have occurred. The hearing officer's finding must be based on a present
determination of whether the child has suffered a loss of educational benefit.

deleted text begin Subd. 22. deleted text end

deleted text begin Child's educational placement during due process hearing. deleted text end

deleted text begin (a) Until a
due process hearing under this section is completed or the district and the parent agree
otherwise, the child must remain in the child's current educational placement and must
not be denied initial admission to school.
deleted text end

deleted text begin (b) Until an expedited due process hearing challenging an interim alternative
educational placement is completed, the child must remain in the interim alternative
educational setting until the decision of the hearing officer or the expiration of the 45 days
permitted for an interim alternative educational setting, whichever occurs first, unless the
parent and district agree otherwise.
deleted text end

deleted text begin Subd. 23. deleted text end

deleted text begin Implementation of hearing officer order. deleted text end

deleted text begin (a) That portion of a hearing
officer's decision granting relief requested by the parent must be implemented upon
issuance.
deleted text end

deleted text begin (b) Except as provided under paragraph (a) or the district and parent agree otherwise,
following a hearing officer's decision granting relief requested by the district, the child
must remain in the current educational placement until the time to request judicial review
under subdivision 24 expires or, if judicial review is requested, at the time the Minnesota
Court of Appeals or the federal district court issues its decision, whichever is later.
deleted text end

Subd. 24.

Review of hearing officer decisions.

The parent or district may seek
review of the hearing officer's decision in the Minnesota Court of Appeals or in the federal
district court deleted text begin , consistent with federal law deleted text end . A party must appeal to the Minnesota Court
of Appeals within 60 days of receiving the hearing officer's decision new text begin and must appeal to
federal district court within 90 days of receiving the hearing officer's decision new text end .

Subd. 25.

Enforcement of orders.

The commissioner must monitor final hearing
officer decisions and ensure enforcement of hearing officer deleted text begin orders deleted text end new text begin decisions new text end .

Subd. 26.

Hearing officer and person conducting alternative dispute resolution
are state employees.

A hearing officer or person conducting alternative dispute resolution
under this section is an employee of the state under section 3.732 for purposes of section
3.736 only.

Subd. 27.

Hearing officer training.

A hearing officer must participate in training
deleted text begin and follow procedures established deleted text end new text begin offered new text end by the commissioner.

Subd. 28.

District liability.

A district is not liable for harmless technical violations
of deleted text begin this section or rules implementing this section deleted text end new text begin federal or state laws, rules, or regulations
governing special education new text end if the school district can demonstrate deleted text begin on a case-by-case basis deleted text end
that the violations did not harm a student's educational progress or the parent's right to
notice, participation, or due process. new text begin This subdivision is applicable to due process hearings
and special education complaints filed with the department.
new text end

Sec. 7.

new text begin [125A.094] RESTRICTIVE PROCEDURES FOR CHILDREN WITH
DISABILITIES.
new text end

new text begin The use of restrictive procedures for children with disabilities is governed by
sections 125A.0941 and 125A.0942, and must be consistent with this chapter.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2010.
new text end

Sec. 8.

new text begin [125A.0941] DEFINITIONS.
new text end

new text begin (a) The following terms have the meanings given them.
new text end

new text begin (b) "Emergency" means a situation where immediate intervention is needed to protect
a child or other individual from physical injury or to prevent serious property damage.
new text end

new text begin (c) "Positive behavioral interventions and supports" means interventions and
strategies to improve the school environment and teach children the skills to behave
appropriately.
new text end

new text begin (d) "Physical holding" means physical intervention intended to hold a child immobile
or limit a child's movement and where body contact is the only source of physical restraint.
The term "physical holding" does not mean physical contact that:
new text end

new text begin (1) helps a child respond or complete a task;
new text end

new text begin (2) comforts or assists a child without restricting the child's movement;
new text end

new text begin (3) is needed to administer an authorized health-related service or procedure; or
new text end

new text begin (4) is needed to physically escort a child.
new text end

new text begin (e) "Restrictive procedures" means the use of physical holding or seclusion in an
emergency that is involuntary or unintended by the child, deprives the child of mobility, or
is adverse to that child.
new text end

new text begin (f) "Seclusion" means confining a child alone in a locked room from which the child
can not exit but may be quickly removed if a fire or other disaster occurs. Time-out is
not seclusion.
new text end

new text begin (g) "Time-out" means removing a child from an activity to a location where the child
cannot participate or observe the activity and may include moving or ordering a child to
an unlocked room.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2010.
new text end

Sec. 9.

new text begin [125A.0942] STANDARDS FOR RESTRICTIVE PROCEDURES.
new text end

new text begin Subdivision 1. new text end

new text begin Restrictive procedures plan. new text end

new text begin (a) Schools shall maintain and make
publicly accessible an allowable restrictive procedures plan for children that includes at
least the following:
new text end

new text begin (1) the list of restrictive procedures the school intends to use;
new text end

new text begin (2) how the school will monitor the use of restrictive procedures, including
conducting post-use debriefings and convening an oversight committee;
new text end

new text begin (3) a written description and verification of the training staff completed under
subdivision 5; and
new text end

new text begin (4) how the school will periodically review the use of restrictive procedures on a
child and systemwide basis within a school or district.
new text end

new text begin (b) In reviewing the use of restrictive procedures, the school or district must consider:
new text end

new text begin (1) any pattern or problems indicated by similarities in the time of day, day of the
week, duration of the use of a procedure, individuals involved, or other factors related to
using restrictive procedures consistent with subdivision 2;
new text end

new text begin (2) any injuries resulting from the use of restrictive procedures;
new text end

new text begin (3) actions needed to correct deficiencies in how the school implements restrictive
procedures;
new text end

new text begin (4) an assessment of when restrictive procedures could be avoided; and
new text end

new text begin (5) proposed actions to limit use of physical holding or seclusion.
new text end

new text begin Subd. 2. new text end

new text begin Restrictive procedures. new text end

new text begin (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, other licensed
education professional, paraprofessional under section 120B.363, or mental health
professional under section 245.4871, subdivision 27, who has completed the training
program under subdivision 5.
new text end

new text begin (b) A school shall make reasonable efforts to notify the parent on the same day
a restrictive procedure is used on the child or as indicated by the child's parent under
paragraph (e).
new text end

new text begin (c) When 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 plan, the
district must hold a meeting of the individualized education plan team, conduct or review
a functional behavioral analysis, review data, develop additional or revised positive
behavioral interventions and support, propose actions to reduce the use of restrictive
procedures, and modify the individualized education plan or behavior intervention plan as
appropriate. At the meeting, the team must review and include in the child's individualized
education plan any known medical or psychological limitations that contraindicate the use
of a restrictive procedure, and prohibit that restrictive procedure.
new text end

new text begin (d) An individualized education plan team may plan for using restrictive procedures
and may include these procedures in a child's individualized education plan.
new text end

new text begin (e) Restrictive procedures may be included in the child's individualized education
plan but are not considered part of the pupil's behavior intervention plan and can only be
used in an emergency, consistent with this section. The individualized education plan shall
indicate how the parent wants to be notified when a restrictive procedure is used.
new text end

new text begin Subd. 3. new text end

new text begin Physical holding or seclusion. new text end

new text begin Physical holding or seclusion may be used
only in an emergency. A school that uses physical holding or seclusion shall meet the
following requirements:
new text end

new text begin (1) the physical holding or seclusion must be the least intrusive intervention that
effectively responds to the emergency;
new text end

new text begin (2) physical holding or seclusion must end when the threat of harm ends and the
staff determines that the child can safely return to the classroom or activity;
new text end

new text begin (3) staff must constantly and directly observe the child while physical holding or
seclusion is being used;
new text end

new text begin (4) each time physical holding or seclusion is used, the staff person who implements
or oversees the physical holding or seclusion shall document, as soon as possible after the
incident concludes, the following information:
new text end

new text begin (i) a detailed description of the incident that led to the physical holding or seclusion;
new text end

new text begin (ii) why a less restrictive measure failed or was determined by staff to be
inappropriate or impractical;
new text end

new text begin (iii) the time the physical holding or seclusion began and the time the child was
released; and
new text end

new text begin (iv) a brief record of the child's behavioral and physical status;
new text end

new text begin (5) the room used for seclusion must:
new text end

new text begin (i) be at least six feet by five feet;
new text end

new text begin (ii) be well lit, well ventilated, and clean;
new text end

new text begin (iii) have a window that allows staff to directly observe a child in seclusion;
new text end

new text begin (iv) have tamperproof fixtures, electrical switches located immediately outside the
door, and secure ceilings;
new text end

new text begin (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
new text end

new text begin (vi) not contain objects that a child may use to injure the child or others; and
new text end

new text begin (6) before using a room for seclusion, a school must:
new text end

new text begin (i) receive written notice from local authorities regarding its compliance with
applicable building, fire, and safety codes; and
new text end

new text begin (ii) register the room with the commissioner, who may view that room.
new text end

new text begin Subd. 4. new text end

new text begin Prohibitions. new text end

new text begin The following actions or procedures are prohibited:
new text end

new text begin (1) engaging in conduct prohibited under section 121A.58;
new text end

new text begin (2) requiring a child to assume and maintain a specified physical position, activity,
or posture that induces physical pain;
new text end

new text begin (3) totally or partially restricting a child's senses, except at a level of intrusiveness
that does not exceed:
new text end

new text begin (i) placing a hand in front of a child's eyes as a visual screen; or
new text end

new text begin (ii) playing music through earphones worn by the child at a sound level that causes
discomfort;
new text end

new text begin (4) presenting an intense sound, light, or other sensory stimuli using smell, taste,
substance, or spray;
new text end

new text begin (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;
new text end

new text begin (6) interacting with a child in a manner that constitutes sexual abuse, neglect, or
physical abuse under section 626.556;
new text end

new text begin (7) withholding regularly scheduled meals or water;
new text end

new text begin (8) denying access to bathroom facilities; and
new text end

new text begin (9) physical holding that restricts a child's ability to breathe.
new text end

new text begin Subd. 5. new text end

new text begin Training for staff. new text end

new text begin (a) To meet the requirements of subdivision 1,
paragraph (a), clause (4), staff who use restrictive procedures shall successfully complete
training in the following skills and knowledge areas before using restrictive procedures
with a child:
new text end

new text begin (1) positive behavioral interventions;
new text end

new text begin (2) communicative intent of behaviors;
new text end

new text begin (3) relationship building;
new text end

new text begin (4) alternatives to restrictive procedures, including techniques to identify events and
environmental factors that may escalate behavior;
new text end

new text begin (5) de-escalation methods;
new text end

new text begin (6) avoiding power struggles;
new text end

new text begin (7) standards for using restrictive procedures;
new text end

new text begin (8) obtaining emergency medical assistance;
new text end

new text begin (9) time limits for restrictive procedures;
new text end

new text begin (10) obtaining approval for using restrictive procedures;
new text end

new text begin (11) appropriate use of approved restrictive procedures including simulated
experiences involving physical restraint;
new text end

new text begin (12) thresholds for using and stopping restrictive procedures;
new text end

new text begin (13) the physiological and psychological impact of physical holding and seclusion;
new text end

new text begin (14) monitoring and responding to a child's physical signs of distress when physical
holding is being used; and
new text end

new text begin (15) recognizing the symptoms of and interventions that may cause positional
asphyxia when physical holding is used.
new text end

new text begin (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). The 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.
new text end

new text begin (c) Training under this subdivision must be updated at least every two school years.
new text end

new text begin Subd. 6. new text end

new text begin Records. new text end

new text begin For purposes of monitoring and review, a school using restrictive
procedures shall make data available upon request on the number and types of restrictive
procedures used, consistent with applicable law. Schools annually shall submit to the
commissioner aggregate data on the use of restrictive procedures. The commissioner shall
issue an annual report by December 31 of each year on the use of restrictive procedures in
Minnesota and post the report on the department's Web site.
new text end

new text begin Subd. 7. new text end

new text begin Behavior supports. new text end

new text begin School districts must establish effective schoolwide
systems of positive behavior supports and may use restrictive procedures only in
emergencies. Nothing in this section precludes the use of reasonable force under sections
121A.582 and 609.379.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2010.
new text end

Sec. 10.

Minnesota Statutes 2008, section 125A.15, is amended to read:

125A.15 PLACEMENT IN ANOTHER DISTRICT; RESPONSIBILITY.

The responsibility for special instruction and services for a child with a disability
temporarily placed in another district for care and treatment shall be determined in the
following manner:

(a) The district of residence of a child shall be the district in which the child's parent
resides, if living, or the child's guardian, or the district designated by the commissioner if
neither parent nor guardian is living within the state.

(b) new text begin If a district other than the resident district places a pupil for care and treatment,
the district placing the pupil must notify and give the resident district an opportunity to
participate in the placement decision. When an immediate emergency placement of a
pupil is necessary and time constraints foreclose a resident district from participating in
the emergency placement decision, the district in which the pupil is temporarily placed
must notify the resident district of the emergency placement within 15 days. The resident
district has up to five business days after receiving notice of the emergency placement
to request an opportunity to participate in the placement decision, which the placing
district must then provide.
new text end

new text begin (c) new text end When a child is temporarily placed for care and treatment in a day program
located in another district and the child continues to live within the district of residence
during the care and treatment, the district of residence is responsible for providing
transportation to and from the care and treatment deleted text begin facility deleted text end new text begin program new text end and an appropriate
educational program for the child. new text begin The resident district may establish reasonable
restrictions on transportation, except if a Minnesota court or agency orders the child
placed at a day care and treatment program and the resident district receives a copy of
the order, then the resident district must provide transportation to and from the program
unless the court or agency orders otherwise. new text end Transportation shall only be provided by the
new text begin resident new text end district during regular operating hours of the new text begin resident new text end district. The new text begin resident new text end district
may provide the educational program at a school within the district of residence, at the
child's residence, or in the district in which the day treatment center is located by paying
tuition to that district.

deleted text begin (c) deleted text end new text begin (d) new text end When a child is temporarily placed in a residential program for care and
treatment, the nonresident district in which the child is placed is responsible for providing
an appropriate educational program for the child and necessary transportation while the
child is attending the educational program; and must bill the district of the child's residence
for the actual cost of providing the program, as outlined in section 125A.11, except as
provided in paragraph deleted text begin (d) deleted text end new text begin (e) new text end . However, the board, lodging, and treatment costs incurred
in behalf of a child with a disability placed outside of the school district of residence by
the commissioner of human services or the commissioner of corrections or their agents,
for reasons other than providing for the child's special educational needs must not become
the responsibility of either the district providing the instruction or the district of the child's
residence. For the purposes of this section, the state correctional facilities operated on a
fee-for-service basis are considered to be residential programs for care and treatment.

deleted text begin (d) deleted text end new text begin (e) new text end A privately owned and operated residential facility may enter into a contract
to obtain appropriate educational programs for special education children and services
with a joint powers entity. The entity with which the private facility contracts for special
education services shall be the district responsible for providing students placed in that
facility an appropriate educational program in place of the district in which the facility is
located. If a privately owned and operated residential facility does not enter into a contract
under this paragraph, then paragraph deleted text begin (c) deleted text end new text begin (d) new text end applies.

deleted text begin (e) deleted text end new text begin (f) new text end The district of residence shall pay tuition and other program costs, not
including transportation costs, to the district providing the instruction and services.
The district of residence may claim general education aid for the child as provided by
law. Transportation costs must be paid by the district responsible for providing the
transportation and the state must pay transportation aid to that district.

new text begin EFFECTIVE DATE. new text end

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

Sec. 11.

Minnesota Statutes 2008, 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 governor. Council members must elect the council chair. The
representative of the commissioner may not serve as the chair. 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.

Notwithstanding any other law to the contrary, the State Interagency Coordinating
Council expires on June 30, deleted text begin 2009 deleted text end new text begin 2014 new text end .

Sec. 12.

Minnesota Statutes 2008, section 125A.51, is amended to read:

125A.51 PLACEMENT OF CHILDREN WITHOUT DISABILITIES;
EDUCATION AND TRANSPORTATION.

The responsibility for providing instruction and transportation for a pupil without a
disability who has a short-term or temporary physical or emotional illness or disability, as
determined by the standards of the commissioner, and who is temporarily placed for care
and treatment for that illness or disability, must be determined as provided in this section.

(a) The school district of residence of the pupil is the district in which the pupil's
parent or guardian resides.

(b) When parental rights have been terminated by court order, the legal residence
of a child placed in a residential or foster facility for care and treatment is the district in
which the child resides.

(c) Before the placement of a pupil for care and treatment, the district of residence
must be notified and provided an opportunity to participate in the placement decision.
When an immediate emergency placement is necessary and time does not permit
resident district participation in the placement decision, the district in which the pupil is
temporarily placed, if different from the district of residence, must notify the district
of residence of the emergency placement within 15 days of the placement. new text begin When a
nonresident district makes an emergency placement without first consulting with the
resident district, the resident district has up to five business days after receiving notice
of the emergency placement to request an opportunity to participate in the placement
decision, which the placing district must then provide.
new text end

(d) When a pupil without a disability is temporarily placed for care and treatment
in a day program and the pupil continues to live within the district of residence during
the care and treatment, the district of residence must provide instruction and necessary
transportation to and from the new text begin care and new text end treatment deleted text begin facility deleted text end new text begin program new text end for the pupil. new text begin The
resident district may establish reasonable restrictions on transportation, except if a
Minnesota court or agency orders the child placed at a day care and treatment program
and the resident district receives a copy of the order, then the resident district must provide
transportation to and from the program unless the court or agency orders otherwise.
new text end Transportation shall only be provided by the new text begin resident new text end district during regular operating
hours of the new text begin resident new text end district. The new text begin resident new text end district may provide the instruction at a school
within the district of residence, at the pupil's residence, or in the case of a placement
outside of the resident district, in the district in which the day treatment program is located
by paying tuition to that district. The district of placement may contract with a facility to
provide instruction by teachers licensed by the state Board of Teaching.

(e) When a pupil without a disability is temporarily placed in a residential program
for care and treatment, the district in which the pupil is placed must provide instruction
for the pupil and necessary transportation while the pupil is receiving instruction, and in
the case of a placement outside of the district of residence, the nonresident district must
bill the district of residence for the actual cost of providing the instruction for the regular
school year and for summer school, excluding transportation costs.

(f) Notwithstanding paragraph (e), if the pupil is homeless and placed in a public or
private homeless shelter, then the district that enrolls the pupil under section 127A.47,
subdivision 2, shall provide the transportation, unless the district that enrolls the pupil
and the district in which the pupil is temporarily placed agree that the district in which
the pupil is temporarily placed shall provide transportation. When a pupil without a
disability is temporarily placed in a residential program outside the district of residence,
the administrator of the court placing the pupil must send timely written notice of the
placement to the district of residence. The district of placement may contract with a
residential facility to provide instruction by teachers licensed by the state Board of
Teaching. For purposes of this section, the state correctional facilities operated on a
fee-for-service basis are considered to be residential programs for care and treatment.

(g) The district of residence must include the pupil in its residence count of pupil
units and pay tuition as provided in section 123A.488 to the district providing the
instruction. Transportation costs must be paid by the district providing the transportation
and the state must pay transportation aid to that district. For purposes of computing state
transportation aid, pupils governed by this subdivision must be included in the disabled
transportation category if the pupils cannot be transported on a regular school bus route
without special accommodations.

new text begin EFFECTIVE DATE. new text end

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

Sec. 13.

Minnesota Statutes 2008, section 125A.57, subdivision 2, is amended to read:

Subd. 2.

Assistive technology device.

"Assistive technology device" means any
item, piece of equipment, software, or product system, whether acquired commercially
off the shelf, modified, or customized, that is used to increase, maintain, or improve
functional capabilities of deleted text begin children with disabilities deleted text end new text begin a child with a disability. The term does
not include a surgically implanted medical device or a replacement of that device 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. 14.

Minnesota Statutes 2008, section 125A.63, subdivision 2, is amended to read:

Subd. 2.

Programs.

The resource centers must offer summer institutes deleted text begin and like
programs deleted text end new text begin or other training programs new text end throughout the state for deaf or hard of hearing, blind
or visually impaired, and multiply disabled pupils. The resource centers must also offer
workshops for teachers, and leadership development for teachers.

A program offered through the resource centers must promote and develop education
programs offered by school districts or other organizations. The program must assist
school districts or other organizations to develop innovative programs.

Sec. 15.

Minnesota Statutes 2008, section 125A.63, subdivision 4, is amended to read:

Subd. 4.

Advisory committees.

The commissioner shall establish an
advisory committee for each resource center. The advisory committees shall develop
recommendations regarding the resource centers and submit an annual report to the
commissioner on the form and in the manner prescribed by the commissioner. new text begin The
advisory committee for the Resource Center for the Deaf and Hard of Hearing shall meet
at least four times a year and submit an annual report to the commissioner, the legislature,
and the Commission of Deaf, DeafBlind and Hard of Hearing Minnesotans.
new text end

new text begin The recommendations must include:
new text end

new text begin (1) aggregate data-based education outcomes over time for deaf and hard-of-hearing
children, consistent with state academic standards and assessments under chapter 120B;
and
new text end

new text begin (2) a data-based plan that includes evidence-based best practices known to improve
the educational outcomes of deaf and hard-of-hearing children.
new text end

Sec. 16.

Minnesota Statutes 2008, section 125A.744, subdivision 3, is amended to read:

Subd. 3.

Implementation.

Consistent with section 256B.0625, subdivision 26,
school districts may enroll as medical assistance providers or subcontractors and bill
the Department of Human Services under the medical assistance fee for service claims
processing system for special education services which are covered services under chapter
256B, which are provided in the school setting for a medical assistance recipient, and for
whom the district has secured informed consent consistent with section 13.05, subdivision
4, paragraph (d), and section 256B.77, subdivision 2, paragraph (p), to bill for each type
of covered service. School districts shall be reimbursed by the commissioner of human
services for the federal share of individual education plan health-related services that
qualify for reimbursement by medical assistance, minus up to five percent retained by the
commissioner of human services for administrative costs deleted text begin , not to exceed $350,000 per
fiscal year deleted text end . The commissioner may withhold up to five percent of each payment to a
school district. Following the end of each fiscal year, the commissioner shall settle up with
each school district in order to ensure that collections from each district for departmental
administrative costs are made on a pro rata basis according to federal earnings for these
services in each district. A school district is not eligible to enroll as a home care provider
or a personal care provider organization for purposes of billing home care services under
sections 256B.0651 and 256B.0653 to 256B.0656 until the commissioner of human
services issues a bulletin instructing county public health nurses on how to assess for the
needs of eligible recipients during school hours. To use private duty nursing services or
personal care services at school, the recipient or responsible party must provide written
authorization in the care plan identifying the chosen provider and the daily amount
of services to be used at school.

Sec. 17. new text begin REPEALER.
new text end

new text begin (a) new text end new text begin Minnesota Statutes 2008, sections 121A.43; 125A.03; 125A.05; and 125A.18, new text end new text begin
are repealed.
new text end

new text begin (b) new text end new text begin Minnesota Statutes 2008, sections 121A.66; and 121A.67, subdivision 1, new text end new text begin are
repealed effective July 1, 2010.
new text end

new text begin (c) new text end new text begin Minnesota Rules, parts 3525.0210, subparts 5, 6, 9, 13, 17, 29, 30, 34, 43, 46,
and 47; 3525.0400; 3525.1100, subpart 2, item F; 3525.2445; 3525.2900, subpart 5; and
3525.4220, new text end new text begin are repealed effective July 1, 2010.
new text end

ARTICLE 4

LIBRARIES

Section 1.

Minnesota Statutes 2008, section 134.31, subdivision 4a, is amended to read:

Subd. 4a.

Services to deleted text begin the blind and physically handicapped deleted text end new text begin people with visual
and physical disabilities new text end .

The Minnesota Department of Education shall provide
specialized services to deleted text begin the blind and physically handicapped deleted text end new text begin people with visual and
physical disabilities new text end through the Minnesota new text begin Braille and Talking Book new text end Library deleted text begin for the Blind
and Physically Handicapped deleted text end under a cooperative plan with the National Library Services
for the Blind and Physically Handicapped of the Library of Congress.

Sec. 2.

Minnesota Statutes 2008, section 134.31, is amended by adding a subdivision
to read:

new text begin Subd. 7. new text end

new text begin Telephone or electronic meetings. new text end

new text begin (a) Notwithstanding section 13D.01,
the Advisory Committee for the Minnesota Braille and Talking Book Library may conduct
a meeting of its members by telephone or other electronic means so long as the following
conditions are met:
new text end

new text begin (1) all members of the committee participating in the meeting, wherever their
physical locations, can hear one another and can hear all discussion and testimony;
new text end

new text begin (2) members of the public present at the regular meeting location of the committee
can hear all discussion, testimony, and votes of the members of the committee;
new text end

new text begin (3) at least one member of the committee is physically present at the regular meeting
location; and
new text end

new text begin (4) all votes are conducted by roll call, so each member's vote on each issue can be
identified and recorded.
new text end

new text begin (b) Each member of the committee participating in a meeting by telephone or other
electronic means is considered present at the meeting for purposes of determining quorum
and participating in all proceedings.
new text end

new text begin (c) If telephone or other electronic means is used to conduct a meeting, to the extent
practical, the committee shall allow a person to monitor the meeting electronically from a
remote location. The committee may require the person making the connection to pay
for the documented additional costs that the committee incurs as a result of the additional
connection.
new text end

new text begin (d) If telephone or other electronic means is used to conduct a regular, special, or
emergency meeting, the committee shall provide notice of the regular meeting location,
the fact that some members may participate by telephone or other electronic means, and
the provisions of paragraph (c). The timing and method of providing notice is governed
by section 13D.04.
new text end

ARTICLE 5

SELF-SUFFICIENCY AND LIFELONG LEARNING

Section 1.

Minnesota Statutes 2008, section 299A.297, is amended to read:

299A.297 OTHER DUTIES.

The commissioner of public safety, in consultation with the Chemical Abuse and
Violence Prevention Council, shall:

(1) provide information and assistance upon request to school preassessment teams
established under section 121A.26 deleted text begin and school and community advisory teams established
under section 121A.27 deleted text end ;

(2) provide information and assistance upon request to the State Board of Pharmacy
with respect to the board's enforcement of chapter 152;

(3) cooperate with and provide information and assistance upon request to the
Alcohol and Other Drug Abuse Section in the Department of Human Services;

(4) coordinate the policy of the office with that of the Narcotic Enforcement Unit in
the Bureau of Criminal Apprehension; and

(5) coordinate the activities of the regional drug task forces, provide assistance and
information to them upon request, and assist in the formation of task forces in areas of
the state in which no task force operates.

Sec. 2. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2008, section 121A.27, new text end new text begin is repealed.
new text end

ARTICLE 6

STATE AGENCIES

Section 1.

Minnesota Statutes 2008, section 127A.08, is amended by adding a
subdivision to read:

new text begin Subd. 5. new text end

new text begin Grants and gifts. new text end

new text begin The commissioner may apply for and receive grants
and gifts administered by agencies of the state and other government or nongovernment
sources. Any money received is hereby appropriated and dedicated for the purpose for
which it is granted. The commissioner annually by February 1 must report to the education
policy and finance committees of the legislature the amount of money it received under
this subdivision and the purpose for which it was granted.
new text end

ARTICLE 7

TECHNICAL CORRECTIONS

Section 1.

Minnesota Statutes 2008, section 120B.021, subdivision 1, is amended to
read:

Subdivision 1.

Required academic standards.

The following subject areas are
required for statewide accountability:

(1) language arts;

(2) mathematics;

(3) science;

(4) social studies, including history, geography, economics, and government and
citizenship;

(5) health and physical education, for which locally developed academic standards
apply; and

(6) 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.

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

For purposes of applicable federal law, the academic standards for language arts,
mathematics, and science apply to all public school students deleted text begin , except the very few students
with extreme cognitive or physical impairments for whom an individualized education
plan team has determined that the required academic standards are inappropriate. An
individualized education plan team that makes this determination must establish alternative
standards deleted text end new text begin with appropriate alternate achievement standards based on these academic
standards for students with individualized education plans described under federal law new text end .

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.
District 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.

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.

Sec. 2.

Minnesota Statutes 2008, section 122A.31, subdivision 4, is amended to read:

Subd. 4.

Reimbursement.

(a) For purposes of revenue under section deleted text begin 125A.78 deleted text end new text begin
125A.76 new text end , the Department of Education must only reimburse school districts for the
services of those interpreters/transliterators who satisfy the standards of competency
under this section.

(b) Notwithstanding paragraph (a), a district shall be reimbursed for the services
of interpreters with a nonrenewable provisional certificate, interpreters/transliterators
employed to mentor the provisional certified interpreters, and persons for whom a
time-limited extension has been granted under subdivision 1, paragraph (d), or subdivision
2, paragraph (c).

Sec. 3.

Minnesota Statutes 2008, section 123B.14, subdivision 7, is amended to read:

Subd. 7.

Clerk records.

The clerk shall keep a record of all meetings of the
district and the board in books provided by the district for that purpose. The clerk shall,
within three days after an election, notify all persons elected of their election. By deleted text begin August deleted text end
new text begin September new text end 15 of each year the clerk shall file with the board a report of the revenues,
expenditures and balances in each fund for the preceding fiscal year. The report together
with vouchers and supporting documents shall subsequently be examined by a public
accountant or the state auditor, either of whom shall be paid by the district, as provided
in section 123B.77, subdivision 3. The board shall by resolution approve the report or
require a further or amended report. By deleted text begin August deleted text end new text begin September new text end 15 of each year, the clerk shall
make and transmit to the commissioner certified reports, showing:

(1) deleted text begin The condition and value of school property;
deleted text end

deleted text begin (2) deleted text end the revenues and expenditures in detail, and such other financial information
required by law, rule, or as may be called for by the commissioner;

deleted text begin (3) deleted text end new text begin (2) new text end the length of school term and the enrollment and attendance by grades; and

deleted text begin (4) deleted text end new text begin (3) new text end such other items of information as may be called for by the commissioner.

The clerk shall enter in the clerk's record book copies of all reports and of the
teachers' term reports, as they appear in the registers, and of the proceedings of any
meeting as furnished by the clerk pro tem, and keep an itemized account of all the
expenses of the district. The clerk shall furnish to the auditor of the proper county, by
deleted text begin October 10 deleted text end new text begin September 30 new text end of each year, an attested copy of the clerk's record, showing
the amount of deleted text begin money deleted text end new text begin proposed property tax new text end voted by the district or the board for school
purposes; draw and sign all orders upon the treasurer for the payment of money for bills
allowed by the board for salaries of officers and for teachers' wages and all claims, to be
countersigned by the chair. Such orders must state the consideration, payee, and the
fund and the clerk shall take a receipt therefor. Teachers' wages shall have preference in
the order in which they become due, and no money applicable for teachers' wages shall
be used for any other purpose, nor shall teachers' wages be paid from any fund except
that raised or apportioned for that purpose.

Sec. 4.

Minnesota Statutes 2008, section 123B.81, subdivision 3, is amended to read:

Subd. 3.

Debt verification.

The commissioner shall establish a uniform auditing or
other verification procedure for districts to determine whether a statutory operating debt
exists in any Minnesota school district deleted text begin as of June 30, 1977. This procedure must identify
all interfund transfers made during fiscal year 1977 from a fund included in computing
statutory operating debt to a fund not included in computing statutory operating debt deleted text end . The
standards for this uniform auditing or verification procedure must be promulgated by the
deleted text begin state board pursuant to chapter 14 deleted text end new text begin commissioner new text end . If a district applies to the commissioner
for a statutory operating debt verification deleted text begin or if the unaudited financial statement for the
school year ending June 30, 1977 reveals that a statutory operating debt might exist deleted text end , the
commissioner shall require a verification of the amount of the statutory operating debt
which actually does exist.

Sec. 5.

Minnesota Statutes 2008, section 123B.81, subdivision 4, is amended to read:

Subd. 4.

Debt elimination.

If an audit or other verification procedure conducted
pursuant to subdivision 3 determines that a statutory operating debt exists, a district
must follow the procedures deleted text begin set forth deleted text end in deleted text begin this deleted text end section new text begin 123B.83 new text end to eliminate this statutory
operating debt.

Sec. 6.

Minnesota Statutes 2008, section 123B.81, subdivision 5, is amended to read:

Subd. 5.

Certification of debt.

The commissioner shall certify the amount of
statutory operating debt for each district. deleted text begin Prior to June 30, 1979, the commissioner may,
on the basis of corrected figures, adjust the total amount of statutory operating debt
certified for any district.
deleted text end

Sec. 7.

Minnesota Statutes 2008, section 125A.62, subdivision 8, is amended to read:

Subd. 8.

Grants new text begin and gifts new text end .

The board, through the chief administrators of the
academies, may apply for all competitive grants administered by agencies of the state
and other government or nongovernment sources. Application may not be made for
grants over which the board has discretion. new text begin Any funds received under this subdivision is
appropriated and dedicated for the purpose for which it is granted.
new text end

Sec. 8.

Minnesota Statutes 2008, section 125A.76, subdivision 1, is amended to read:

Subdivision 1.

Definitions.

For the purposes of this section, the definitions in this
subdivision apply.

(a) "Basic revenue" has the meaning given it in section 126C.10, subdivision 2.
For the purposes of computing basic revenue pursuant to this section, each child with a
disability shall be counted as prescribed in section 126C.05, subdivision 1.

(b) "Essential personnel" means teachers, cultural liaisons, related services, and
support services staff providing deleted text begin direct deleted text end services to students. Essential personnel may also
include special education paraprofessionals or clericals providing support to teachers and
students by preparing paperwork and making arrangements related to special education
compliance requirements, including parent meetings and individual education plans. new text begin
Essential personnel does not include administrators and supervisors.
new text end

(c) "Average daily membership" has the meaning given it in section 126C.05.

(d) "Program growth factor" means 1.046 for fiscal year 2012 and later.

Sec. 9.

Minnesota Statutes 2008, section 126C.10, subdivision 34, is amended to read:

Subd. 34.

Basic alternative teacher compensation aid.

(a) For fiscal years
2007 deleted text begin and later deleted text end new text begin 2008, and 2009 new text end , the basic alternative teacher compensation aid for a
school district with a plan approved under section 122A.414, subdivision 2b, equals deleted text begin 65 deleted text end
new text begin 73.1 new text end percent of the alternative teacher compensation revenue under section 122A.415,
subdivision 1. The basic alternative teacher compensation aid for an intermediate school
district or charter school with a plan approved under section 122A.414, subdivisions 2a
and 2b, if the recipient is a charter school, equals $260 times the number of pupils enrolled
in the school on October 1 of the previous fiscal year, or on October 1 of the current fiscal
year for a charter school in the first year of operation, times the ratio of the sum of the
alternative teacher compensation aid and alternative teacher compensation levy for all
participating school districts to the maximum alternative teacher compensation revenue
for those districts under section 122A.415, subdivision 1.

new text begin (b) For fiscal years 2010 and later, the basic alternative teacher compensation aid for
a school with a plan approved under section 122A.414, subdivision 2b, equals 65 percent
of the alternative teacher compensation revenue under section 122A.415, subdivision 1.
The basic alternative teacher compensation aid for an intermediate school district or
charter school with a plan approved under section 122A.414, subdivisions 2a and 2b, if
the recipient is a charter school, equals $260 times the number of pupils enrolled in the
school on October 1 of the previous year, or on October 1 of the current year for a charter
school in the first year of operation, times the ratio of the sum of the alternative teacher
compensation aid and alternative teacher compensation levy for all participating school
districts to the maximum alternative teacher compensation revenue for those districts
under section 122A.415, subdivision 1.
new text end

deleted text begin (b) deleted text end new text begin (c) new text end Notwithstanding paragraphs (a) and (b) and section 122A.415, subdivision
1, the state total basic alternative teacher compensation aid entitlement must not exceed
$75,636,000 for fiscal year 2007 and later. The commissioner must limit the amount
of alternative teacher compensation aid approved under section 122A.415 so as not to
exceed these limits.

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 2008, section 127A.47, subdivision 5, is amended to read:

Subd. 5.

Notification of resident district.

A district educating a pupil who is
a resident of another district must notify the district of residence within 60 days of the
date the pupil is determined by the district to be a nonresident, but not later than August
1 following the end of the school year in which the pupil is educated. deleted text begin If the district of
residence does not receive a notification from the providing district pursuant to this
subdivision, it is not liable to that district for any tuition billing received after August 1
of the next school year.
deleted text end