relating to education; providing for policy for prekindergarten through grade 12
education, including general education, education excellence, special programs,
facilities and technology, student transportation, and early childhood education;
amending Minnesota Statutes 2010, sections 11A.16, subdivision 5; 13.32,
subdivision 6; 119A.50, subdivision 3; 120A.22, subdivision 11; 120A.24;
120A.40; 120B.023, subdivision 2; 120B.11; 120B.12; 120B.30, subdivisions 1,
3, 4; 120B.31, subdivision 4; 120B.36, subdivisions 1, 2; 121A.15, subdivision 8;
121A.17, subdivision 3; 122A.14, subdivision 3; 122A.16, as amended; 122A.40,
subdivisions 5, 11, by adding a subdivision; 122A.41, subdivisions 1, 2, 5a, 10,
14; 123B.143, subdivision 1; 123B.147, subdivision 3; 123B.41, subdivisions
2, 5; 123B.57; 123B.63, subdivision 3; 123B.71, subdivision 5; 123B.72,
subdivision 3; 123B.75, subdivision 5; 123B.88, subdivision 13, by adding a
subdivision; 123B.90, subdivision 3; 123B.92, subdivisions 1, 5; 124D.091,
subdivision 2; 124D.10; 124D.11, subdivision 9; 124D.19, subdivision 3;
124D.36; 124D.37; 124D.38, subdivision 3; 124D.385, subdivision 3; 124D.39;
124D.40; 124D.42, subdivisions 6, 8; 124D.44; 124D.45, subdivision 2;
124D.52, subdivision 7; 125A.02, subdivision 1; 125A.0942, subdivision 3;
125A.15; 125A.51; 125A.79, subdivision 1; 126C.10, subdivision 8a; 126C.15,
subdivision 2; 126C.41, subdivision 2; 127A.30, subdivision 1; 127A.42,
subdivision 2; 127A.43; 127A.45, by adding a subdivision; 171.05, subdivision
2; 171.17, subdivision 1; 171.22, subdivision 1; Laws 2011, chapter 5, section
1; repealing Minnesota Statutes 2010, sections 120A.26, subdivisions 1, 2;
124D.38, subdivisions 4, 5, 6; 125A.54; 126C.457.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1. Minnesota Statutes 2010, section 11A.16, subdivision 5, is amended to read:
Subd. 5. Calculation of income.
As of the end of each fiscal year, the state
board shall calculate the investment income earned by the permanent school fund. The
investment income earned by the fund shall equal the amount of interest on debt securities
dividends on equity securities, and interest earned on certified monthly earnings prior
2.2to the transfer to the Department of Education
. Gains and losses arising from the sale of
securities shall be apportioned as follows:
(a) If the sale of securities results in a net gain during a fiscal year, the gain shall
be apportioned in equal installments over the next ten fiscal years to offset net losses in
those years. If any portion of an installment is not needed to recover subsequent losses
identified in paragraph (b) it shall be added to the principal of the fund.
(b) If the sale of securities results in a net loss during a fiscal year, the net loss shall
be recovered first from the gains in paragraph (a) apportioned to that fiscal year. If these
gains are insufficient, any remaining net loss shall be recovered from interest and dividend
income in equal installments over the following ten fiscal years.
Sec. 2. Minnesota Statutes 2010, section 123B.41, subdivision 2, is amended to read:
Subd. 2. Textbook.
"Textbook" means any book or book substitute, including
2.14electronic books as well as other printed materials delivered electronically,
pupil uses as a text or text substitute in a particular class or program in the school
regularly attended and a copy of which is expected to be available for the individual use
of each pupil in this class or program. The term shall be limited to books, workbooks,
or manuals, whether bound or in loose-leaf form, as well as electronic books and other
2.19printed materials delivered electronically,
intended for use as a principal source of study
material for a given class or a group of students. The term includes only such secular,
neutral and nonideological textbooks as are available, used by, or of benefit to Minnesota
public school pupils.
Sec. 3. Minnesota Statutes 2010, section 123B.41, subdivision 5, is amended to read:
Subd. 5. Individualized instructional or cooperative learning materials.
"Individualized instructional or cooperative learning materials" means educational
(a) are designed primarily for individual pupil use or use by pupils in a cooperative
learning group in a particular class or program in the school the pupil regularly attends;
(b) are secular, neutral, nonideological and not capable of diversion for religious
(c) are available, used by, or of benefit to Minnesota public school pupils.
Subject to the requirements in clauses (a), (b), and (c), "individualized instructional
or cooperative learning materials" include, but are not limited to, the following if they
do not fall within the definition of "textbook" in subdivision 2: published materials;
periodicals; documents; pamphlets; photographs; reproductions; pictorial or graphic
works; prerecorded video programs; prerecorded tapes, cassettes and other sound
recordings; manipulative materials; desk charts; games; study prints and pictures; desk
maps; models; learning kits; blocks or cubes; flash cards; individualized multimedia
systems; prepared instructional computer software programs; choral and band sheet music;
3.6electronic books and other printed materials delivered electronically;
"Individualized instructional or cooperative learning materials" do not include
instructional equipment, instructional hardware, or ordinary daily consumable classroom
Sec. 4. Minnesota Statutes 2010, section 123B.63, subdivision 3, is amended to read:
Subd. 3. Capital project levy referendum.
A district may levy the local tax
rate approved by a majority of the electors voting on the question to provide funds for
an approved project. The election must take place no more than five years before the
estimated date of commencement of the project. The referendum must be held on a date
set by the board. A district must meet the requirements of section 123B.71 for projects
3.16funded under this section. If a review and comment is required under section 123B.71,
a referendum for a project not receiving a positive review and comment by
must be approved by at least 60 percent of the
voters at the election. The referendum may be called by the school board and may be held:
(1) separately, before an election for the issuance of obligations for the project
under chapter 475; or
(2) in conjunction with an election for the issuance of obligations for the project
under chapter 475; or
(3) notwithstanding section
, as a conjunctive question authorizing both the
capital project levy and the issuance of obligations for the project under chapter 475. Any
obligations authorized for a project may be issued within five years of the date of the
The ballot must provide a general description of the proposed project, state the
estimated total cost of the project, state whether the project has received a positive or
negative review and comment from the commissioner, state the maximum amount of the
capital project levy as a percentage of net tax capacity, state the amount that will be raised
by that local tax rate in the first year it is to be levied, and state the maximum number of
years that the levy authorization will apply.
The ballot must contain a textual portion with the information required in this
section and a question stating substantially the following:
"Shall the capital project levy proposed by the board of .......... School District
No. .......... be approved?"
If approved, the amount provided by the approved local tax rate applied to the net
tax capacity for the year preceding the year the levy is certified may be certified for the
number of years, not to exceed ten, approved.
In the event a conjunctive question proposes to authorize both the capital project
levy and the issuance of obligations for the project, appropriate language authorizing the
issuance of obligations must also be included in the question.
The district must notify the commissioner of the results of the referendum.
Sec. 5. Minnesota Statutes 2010, section 123B.75, subdivision 5, is amended to read:
Subd. 5. Levy recognition.
(a) For fiscal years 2009 and 2010, in June of each
year, the school district must recognize as revenue, in the fund for which the levy was
made, the lesser of:
(1) the sum of May, June, and July school district tax settlement revenue received in
that calendar year, plus general education aid according to section
, received in July and August of that calendar year; or
(2) the sum of:
(i) 31 percent of the referendum levy certified according to section
calendar year 2000; and
(ii) the entire amount of the levy certified in the prior calendar year according to
124D.86, subdivision 4
, for school districts receiving revenue under sections
4.22124D.86, subdivision 3
, clauses (1), (2), and (3);
126C.41, subdivisions 1, 2, paragraph
4.23(a), and 3
, paragraphs (b), (c), and (d);
126C.43, subdivision 2
(iii) zero percent of the amount of the levy certified in the prior calendar year for the
school district's general and community service funds, plus or minus auditor's adjustments,
not including the levy portions that are assumed by the state, that remains after subtracting
the referendum levy certified according to section
and the amount recognized
according to item (ii).
(b) For fiscal year 2011 and later years, in June of each year, the school district must
recognize as revenue, in the fund for which the levy was made, the lesser of:
(1) the sum of May, June, and July school district tax settlement revenue received in
that calendar year, plus general education aid according to section
4, received in July and August of that calendar year; or
(2) the sum of:
(i) the greater of 48.6 percent of the referendum levy certified according to section
in the prior calendar year, or 31 percent of the referendum levy certified
according to section
in calendar year 2000; plus
(ii) the entire amount of the levy certified in the prior calendar year according to
124D.86, subdivision 4
, for school districts receiving revenue under
124D.86, subdivision 3
, clauses (1), (2), and (3);
126C.41, subdivisions 1
paragraph (a), and 3, paragraphs (b), (c), and (d);
126C.43, subdivision 2
, subdivision 6; plus
(iii) 48.6 percent of the amount of the levy certified in the prior calendar year for the
school district's general and community service funds, plus or minus auditor's adjustments,
not including the levy portions that are assumed by the state, that remains after subtracting
the referendum levy certified according to section
and the amount recognized
according to item (ii).
Sec. 6. Minnesota Statutes 2010, section 125A.79, subdivision 1, is amended to read:
Subdivision 1. Definitions.
For the purposes of this section, the definitions in this
(a) "Unreimbursed special education cost" means the sum of the following:
(1) expenditures for teachers' salaries, contracted services, supplies, equipment, and
transportation services eligible for revenue under section
(2) expenditures for tuition bills received under sections
for services eligible for revenue under section
125A.76, subdivision 2
(3) revenue for teachers' salaries, contracted services, supplies, equipment, and
transportation services under section
(4) tuition receipts under sections
eligible for revenue under section
125A.76, subdivision 2
(b) "General revenue" for a school district
means the sum of the general education
revenue according to section
126C.10, subdivision 1
, excluding alternative teacher
plus the total qualifying referendum revenue specified in paragraph
minus transportation sparsity revenue minus total operating capital revenue. "General
5.30revenue" for a charter school means the sum of the general education revenue according to
5.31section 124D.11, subdivision 1, and transportation revenue according to section 124D.11,
5.32subdivision 2, excluding alternative teacher compensation revenue, minus referendum
5.33equalization aid minus transportation sparsity revenue minus operating capital revenue.
(c) "Average daily membership" has the meaning given it in section
(d) "Program growth factor" means
for fiscal year 2012 and later.
(e) "Total qualifying referendum revenue" means two-thirds of the district's total
6.2 referendum revenue as adjusted according to section
127A.47 , subdivision 7, paragraphs
6.3 (a) to (c), for fiscal year 2006, one-third of the district's total referendum revenue for fiscal
6.4 year 2007, and none of the district's total referendum revenue for fiscal year 2008 and later.
6.5EFFECTIVE DATE.This section is effective the day following final enactment.
Sec. 7. Minnesota Statutes 2010, section 126C.10, subdivision 8a, is amended to read:
Subd. 8a. Sparsity revenue for school districts that close facilities.
district that closes a school facility is eligible for elementary and secondary sparsity
revenue equal to the greater of the amounts calculated under subdivisions 6, 7, and 8 or
the total amount of sparsity revenue for the previous fiscal year if the school board of the
district has adopted a written resolution stating that the district intends to close the school
facility, but cannot proceed with the closure without the adjustment to sparsity revenue
authorized by this subdivision. The written resolution must be approved by the school
filed with the commissioner of education
at least 60 days
prior to the start of the
fiscal year for which aid under this subdivision is first requested.
6.16EFFECTIVE DATE.This section is effective for board resolutions approved by
6.17the school board in fiscal year 2011 and later for sparsity revenue calculations in fiscal
6.18year 2012 and later.
Sec. 8. Minnesota Statutes 2010, section 126C.15, subdivision 2, is amended to read:
Subd. 2. Building allocation.
(a) A district or cooperative
must allocate its
compensatory revenue to each school building in the district or cooperative
the children who have generated the revenue are served unless the school district or
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 or cooperative
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
(c) For the purposes of this section and section
126C.05, subdivision 3
means education site as defined in section
123B.04, subdivision 1
(d) Notwithstanding section 123A.26, subdivision 1, compensatory revenue
generated by students served at a cooperative unit shall be paid to the cooperative unit.
(e) A district or cooperative
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 or cooperative
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
123B.76, subdivision 3
, paragraph (c).
Sec. 9. Minnesota Statutes 2010, section 126C.41, subdivision 2, is amended to read:
Subd. 2. Retired employee health benefits.
(a) A district may levy an amount up
to the amount the district is required by the collective bargaining agreement in effect
on March 30, 1992, to pay for health insurance or unreimbursed medical expenses for
licensed and nonlicensed employees who have terminated services in the employing
district and withdrawn from active teaching service or other active service, as applicable,
before July 1, 1992, and to pay for health insurance or unreimbursed medical expenses
for licensed and nonlicensed employees who have terminated services in the employing
district and withdrawn from active teaching service or other active service, as applicable
before July 1, 1998, only if a sunset clause is in effect for the current collective bargaining
agreement. The total amount of the levy each year may not exceed $600,000.
(b) In addition to the levy authority granted under paragraph (a), a school district
may levy for other postemployment benefits expenses actually paid during the previous
. For purposes of this subdivision, "postemployment benefits" means benefits
giving rise to a liability under Statement No. 45 of the Government Accounting Standards
Board. A district seeking levy authority under this subdivision must:
(1) create or have created an actuarial liability to pay postemployment benefits to
employees or officers after their termination of service;
(2) have a sunset clause in effect for the current collective bargaining agreement as
required by paragraph (a); and
(3) apply for the authority in the form and manner required by the commissioner
If the total levy authority requested under this paragraph exceeds the amount established
in paragraph (c), the commissioner must proportionately reduce each district's maximum
levy authority under this subdivision. The commissioner may subsequently adjust each
8.1district's levy authority under this subdivision so long as the total levy authority does not
8.2exceed the maximum levy authority for that year.
(c) The maximum levy authority under paragraph (b) must not exceed the following
(1) $9,242,000 for taxes payable in 2010;
(2) $29,863,000 for taxes payable in 2011; and
(3) for taxes payable in 2012 and later, the maximum levy authority must not exceed
the sum of the previous year's authority and $14,000,000.
Sec. 10. Minnesota Statutes 2010, section 127A.30, subdivision 1, is amended to read:
Subdivision 1. Membership and terms. (a)
A state Permanent School Fund
Advisory Committee is established to advise the Department of Natural Resources on
the management of permanent school fund land, which is held in trust for the school
districts of the state.
The advisory committee must consist of the following persons or their
designees: the chairs of the education committees of the legislature, the chairs of the
legislative committees with jurisdiction over the K-12 education budget, the chairs of
the legislative committees with jurisdiction over the environment and natural resources
policy and budget, the chair of the senate Committee on Finance and the chair of the
house of representatives Committee on Ways and Means, one member of the house
8.20of representatives of the minority party appointed by the minority leader, one senator
8.21of the minority party appointed pursuant to the rules of the senate,
of education, one superintendent from a nonmetropolitan district, one superintendent
from a metropolitan area district, one person with expertise on school finance matters,
one person with an expertise in forestry, one person with an expertise in minerals and
mining, one person with an expertise in real estate development, one person with
an expertise in renewable energy, one person with an expertise in finance and land
management, and one person with an expertise in natural resource conservation. The
school district superintendents and the member with expertise on school finance matters
shall be appointed by the commissioner of education. The committee members with
areas of expertise in forestry, minerals and mining, real estate development, renewable
energy, finance and land management, and natural resource conservation shall be
appointed by the commissioner of natural resources. Members of the legislature shall be
given the opportunity to recommend candidates for vacancies on the committee to the
commissioners of education and natural resources. The advisory committee must also
include a nonvoting member appointed by the commissioner of natural resources.
The commissioner of natural resources shall provide administrative support to
The members of the committee shall serve without compensation. The members
of the Permanent School Fund Advisory Committee shall elect their chair and are bound
by the provisions of sections
116P.09, subdivision 6
9.6 (e) The terms of members appointed by the commissioners of education and natural
9.7resources are staggered four-year terms according to section 15.059, subdivision 2.
9.8Members may be reappointed at the pleasure of the appointing authority. Members are
9.9subject to removal according to section 15.059, subdivision 4.
9.10 (f) The other members of the Permanent School Fund Advisory Committee serve
9.11at the pleasure of their respective appointing authorities and their terms expire upon the
9.12appointment of their successors.
9.13EFFECTIVE DATE.This section is effective the day following final enactment.
Sec. 11. REPEALER.
9.15Minnesota Statutes 2010, section 126C.457, is repealed.
Section 1. Minnesota Statutes 2010, section 13.32, subdivision 6, is amended to read:
Subd. 6. Admissions forms; remedial instruction.
(a) Minnesota postsecondary
education institutions, for purposes of reporting and research, may collect on the
1986-1987 admissions form, and disseminate to any public educational agency or
institution the following data on individuals: student sex, ethnic background, age, and
disabilities. The data shall not be required of any individual and shall not be used for
purposes of determining the person's admission to an institution.
(b) A school district that receives information under subdivision 3, paragraph (h)
from a postsecondary institution about an identifiable student shall maintain the data
as educational data and use that data to conduct studies to improve instruction. Public
postsecondary systems annually shall provide summary data to the Department of
Education indicating the extent and content of the remedial instruction received in each
system during the prior academic year by, and the results of assessment testing and the
academic performance of, students who graduated from a Minnesota school district within
two years before receiving the remedial instruction, and include as separate categories of
9.33summary data the number and percentage of recent high school graduates who prepared
10.1for postsecondary academic and career opportunities under section 120B.35, subdivision
10.23, paragraph (c), and the number of recent high school graduates who graduated as
10.3students with disabilities
. The department shall evaluate the data and annually report its
findings to the education committees of the legislature.
(c) This section supersedes any inconsistent provision of law.
Sec. 2. Minnesota Statutes 2010, section 120A.22, subdivision 11, is amended to read:
Subd. 11. Assessment of performance.
(a) Each year the performance of
every child who is not enrolled in a public school must be assessed using a nationally
norm-referenced standardized achievement examination
. The superintendent of the
10.10 district in which the child receives instruction and the person in charge of the child's
10.11 instruction must agree about the specific examination to be used and the administration
10.12 and location of the examination or a nationally recognized college entrance exam
(b) To the extent the examination in paragraph (a) does not provide assessment in
10.14 all of the subject areas in subdivision 9, the parent must assess the child's performance
10.15 in the applicable subject area. This requirement applies only to a parent who provides
10.16 instruction and does not meet the requirements of subdivision 10, clause (1), (2), or (3).
10.17 (c) If the results of the assessments in paragraphs (a) and (b) indicate that the
10.18 child's performance on the total battery score is at or below the 30th percentile or one
10.19 grade level below the performance level for children of the same age, the parent must
10.20 obtain additional evaluation of the child's abilities and performance for the purpose of
10.21 determining whether the child has learning problems.
10.22 (d) (b)
A child receiving instruction from a nonpublic school, person, or institution
that is accredited by an accrediting agency, recognized according to section
recognized by the commissioner, is exempt from the requirements of this subdivision.
Sec. 3. Minnesota Statutes 2010, section 120A.24, is amended to read:
Subdivision 1. Reports to superintendent. (a)
The person in charge of providing
instruction to a child must submit
the following information
to the superintendent of the
district in which the child resides the name, birth date, and address of the child; the annual
10.30tests intended to be used under section 120A.22, subdivision 11, if required; the name of
10.31each instructor; and evidence of compliance with one of the requirements specified in
10.32section 120A.22, subdivision 10
(1) by October 1 of
each the first
, the name, birth date, and address
11.2 of each child receiving instruction the child receives instruction after reaching the age
(2) the name of each instructor and evidence of compliance with one of the
11.5 requirements specified in section
120A.22, subdivision 10 ;
11.6 (3) an annual instructional calendar; and
11.7 (4) for each child instructed by a parent who meets only the requirement of section
11.8 120A.22, subdivision 10 , clause (6), a quarterly report card on the achievement of the
11.9 child in each subject area required in section
120A.22, subdivision 9 .
11.10 (2) within 15 days of when a parent withdraws a child from public school after
11.11age seven to homeschool;
11.12 (3) within 15 days of moving out of a district; and
11.13 (4) by October 1 after a new resident district is established.
11.14 (b) The person in charge of providing instruction to a child between the ages of
11.15seven and 16 must submit, by October 1 of each school year, a letter of intent to continue
11.16to provide instruction under this section for all students under the person's supervision and
11.17any changes to the information required in paragraph (a) for each student.
11.18 (c) The superintendent may collect the required information under this section
11.19through an electronic or Web-based format, but must not require electronic submission
11.20of information under this section from the person in charge of reporting under this
Subd. 2. Availability of documentation. (a)
The person in charge of providing
instruction to a child must
make available maintain
documentation indicating that the
subjects required in section
120A.22, subdivision 9
, are being taught and proof that the
11.25tests under section 120A.22, subdivision 11, have been administered
. This documentation
must include class schedules, copies of materials used for instruction, and descriptions of
methods used to assess student achievement.
11.28 (b) The parent of a child who enrolls full time in public school after having been
11.29enrolled in a home school under section 120A.22, subdivision 6, must provide the
11.30enrolling public school or school district with the child's scores on any tests administered
11.31to the child under section 120A.22, subdivision 11, and other education-related documents
11.32the enrolling school or district requires to determine where the child is placed in school
11.33and what course requirements apply. This paragraph does not apply to a shared-time
11.34student who does not seek a public school diploma.
11.35 (c) The person in charge of providing instruction to a child must make the
11.36documentation in this subdivision available to the county attorney when a case is
12.1commenced under section 120A.26, subdivision 5; chapter 260C; or when diverted under
Subd. 3. Exemptions.
A nonpublic school, person, or other institution that is
accredited by an accrediting agency, recognized according to section
recognized by the commissioner, is exempt from the requirements in
subdivisions 1 and
, except for the requirement in subdivision 1, clause (1)
Subd. 4. Reports to the state.
A superintendent must make an annual report to the
commissioner of education by December 1 of the total number of nonpublic schoolchildren
12.9reported as residing in the district
The report must include the following information:
12.10 (1) the number of children residing in the district attending nonpublic schools or
12.11 receiving instruction from persons or institutions other than a public school;
12.12 (2) the number of children in clause (1) who are in compliance with section
12.13 and this section; and
12.14 (3) the number of children in clause (1) who the superintendent has determined are
12.15 not in compliance with section
120A.22 and this section.
12.16 Subd. 5. Obligations. Nothing in this section alleviates the obligations under
Sec. 4. Minnesota Statutes 2010, section 120A.40, is amended to read:
12.19120A.40 SCHOOL CALENDAR.
(a) Except for learning programs during summer, flexible learning year programs
authorized under sections
, and learning year programs under section
, 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:
(1) to accommodate a construction or remodeling project of $400,000 or more
affecting a district school facility;
(2) if the district has an agreement under section
with a district that qualifies under clause (1);
(3) if the district agrees to the same schedule with a school district in an adjoining
12.33 (4) if the district canceled at least two instructional school days in at least two of the
12.34previous five consecutive school years because of flooding
13.1EFFECTIVE DATE.This section is effective the day following final enactment.
Sec. 5. Minnesota Statutes 2010, section 120B.023, subdivision 2, is amended to read:
Subd. 2. Revisions and reviews required.
(a) The commissioner of education must
revise and appropriately embed technology and information literacy standards consistent
with recommendations from school media specialists into the state's academic standards
and graduation requirements and implement a review cycle for state academic standards
and related benchmarks, consistent with this subdivision. The commissioner must revise
13.8and align the state's academic standards and graduation requirements, consistent with the
13.9review cycle established in this subdivision and the requirements of chapter 14, but must
13.10not proceed to finally adopt revised and realigned academic standards and graduation
13.11requirements in rule without first receiving specific legislative authority to do so.
each review cycle, the commissioner also must examine the alignment of each required
academic standard and related benchmark with the knowledge and skills students need for
college readiness and advanced work in the particular subject area.
(b) The commissioner in the 2006-2007 school year must revise and align the state's
academic standards and high school graduation requirements in mathematics to require
that students satisfactorily complete the revised mathematics standards, beginning in the
2010-2011 school year. Under the revised standards:
(1) students must satisfactorily complete an algebra I credit by the end of eighth
(2) students scheduled to graduate in the 2014-2015 school year or later must
satisfactorily complete an algebra II credit or its equivalent.
The commissioner also must ensure that the statewide mathematics assessments
administered to students in grades 3 through 8 and 11 are aligned with the state academic
standards in mathematics, consistent with section
, subdivision 1, paragraph
(b). The commissioner must implement a review of the academic standards and related
benchmarks in mathematics beginning in the 2015-2016 school year.
(c) The commissioner in the 2007-2008 school year must revise and align the state's
academic standards and high school graduation requirements in the arts to require that
students satisfactorily complete the revised arts standards beginning in the 2010-2011
school year. The commissioner must implement a review of the academic standards and
related benchmarks in arts beginning in the 2016-2017 school year.
(d) The commissioner in the 2008-2009 school year must revise and align the state's
academic standards and high school graduation requirements in science to require that
students satisfactorily complete the revised science standards, beginning in the 2011-2012
school year. Under the revised standards, students scheduled to graduate in the 2014-2015
school year or later must satisfactorily complete a chemistry or physics credit, or a career
14.3and technical education
credit that meets the standards underlying either the chemistry or
. The commissioner must implement a review of the academic standards and
related benchmarks in science beginning in the 2017-2018 school year.
(e) The commissioner in the 2009-2010 school year must revise and align the state's
academic standards and high school graduation requirements in language arts to require
that students satisfactorily complete the revised language arts standards beginning in the
2012-2013 school year. The commissioner must implement a review of the academic
standards and related benchmarks in language arts beginning in the 2018-2019 school year.
(f) The commissioner in the 2010-2011 school year must revise and align the state's
academic standards and high school graduation requirements in social studies to require
that students satisfactorily complete the revised social studies standards beginning in the
school year. The commissioner must again
implement a review
of the academic standards and related benchmarks in social studies beginning in the
(g) School districts and charter schools must revise and align local academic
standards and high school graduation requirements in health, world languages, and career
and technical education to require students to complete the revised standards beginning
in a school year determined by the school district or charter school. School districts and
charter schools must formally establish a periodic review cycle for the academic standards
and related benchmarks in health, world languages, and career and technical education.
14.23 (h) With specific legislative authority, the commissioner may adopt common core
14.24state standards in any subject and school year listed in any revision cycle under this
14.25section that were developed with the participation of the National Governors Association
14.26and the Council of Chief State School Officers.
Sec. 6. Minnesota Statutes 2010, section 120B.11, is amended to read:
14.28120B.11 SCHOOL DISTRICT PROCESS FOR REVIEWING CURRICULUM,
14.29INSTRUCTION, AND STUDENT ACHIEVEMENT.
Subdivision 1. Definitions.
For the purposes of this section and section
the following terms have the meanings given them.
(a) "Instruction" means methods of providing learning experiences that enable a
student to meet state and district academic standards and graduation requirements.
(b) "Curriculum" means district or school adopted programs and written plans for
providing students with learning experiences that lead to expected knowledge and skills
15.3and college and career readiness
Subd. 2. Adopting policies.
A school board shall
have in place an adopted written
policy to support and improve teaching and learning
(1) district goals for instruction including the use of best teaching
and school curriculum, and achievement for all student subgroups identified in section
15.8120B.35, subdivision 3, paragraph (b), clause (2)
(2) a process for evaluating each student's progress toward meeting state and local
academic standards and identifying the strengths and weaknesses of instruction in pursuit
15.11of student and school success
and curriculum affecting students'
15.12achievement and growth
(3) a performance-based
system for periodically reviewing and evaluating the
all instruction and curriculum that includes, among other measures
15.15to improve teaching and learning, a performance-based system for annually evaluating
15.16school principals under section 123B.147, subdivision 3
(4) a plan for improving instruction, curriculum, and student academic
(5) an education effectiveness plan aligned with
section sections 120B.023,
15.20subdivision 2, and
that integrates high quality
technology, and a collaborative professional culture that develops teacher quality,
15.22performance, and effectiveness
Subd. 3. District advisory committee.
Each school board shall establish an
advisory committee to ensure active community participation in all phases of planning and
improving the instruction and curriculum affecting state and district academic standards,
15.26consistent with subdivision 2
. A district advisory committee, to the extent possible,
shall reflect the diversity of the district and its
sites, and shall include
teachers, parents, support staff, students, and other community residents. The district
teams as subcommittees of the district advisory committee
under subdivision 4. The district advisory committee shall recommend to the school
board rigorous academic standards, student achievement goals and measures consistent
15.32with section 120B.35
assessments, and program evaluations.
sites may expand upon district evaluations of instruction, curriculum, assessments, or
programs. Whenever possible, parents and other community residents shall comprise at
least two-thirds of advisory committee members.
Building Site team.
A school may establish a
team to develop
and implement an education effectiveness plan to improve instruction, curriculum,
and student achievement at the school site, consistent with subdivision 2
. The team
shall advise the board and the advisory committee about developing an instruction and
curriculum improvement plan that aligns curriculum, assessment of student progress in
meeting state and district academic standards, and instruction.
Subd. 5. Local report.
(a) By October 1 of each year, the school board shall use
16.8 standard statewide reporting procedures the commissioner develops and adopt a report
16.9 that includes the following:
16.10 (1) student achievement goals for meeting state academic standards;
16.11 (2) results of local assessment data, and any additional test data;
16.12 (3) the annual school district improvement plans including staff development goals
16.13 under section
16.14 (4) information about district and learning site progress in realizing previously
16.15 adopted improvement plans; and
16.16 (5) the amount and type of revenue attributed to each education site as defined
16.17 in section
16.18 (b) Consistent with requirements for school performance report cards under section
16.19120B.36, subdivision 1,
the school board shall publish a
summary of the
16.20student achievement goals, local assessment outcomes, plans for improving curriculum
16.21and instruction, and success in realizing previously adopted improvement plans
local newspaper with the largest circulation in the district, by mail, or by electronic means
such as the district Web site.
If electronic means are used, school districts must publish
16.24 notice of the report in a periodical of general circulation in the district. School districts
16.25 must make copies of the report available to the public on request.
16.26 (c) The title of the report shall contain the name and number of the school district and
16.27 read "Annual Report on Curriculum, Instruction, and Student Achievement." The report
16.28 must include at least the following information about advisory committee membership:
16.29 (1) the name of each committee member and the date when that member's term
16.31 (2) the method and criteria the school board uses to select committee members; and
16.32 (3) the date by which a community resident must apply to next serve on the
Subd. 6. Student evaluation.
The school board annually shall provide high school
graduates or GED recipients who
a diploma or its equivalent from the
school district within the two previous school years
with an opportunity to report to the
board by electronic means
on the following:
(1) the quality of district instruction, curriculum, and services; and
(2) the quality of district delivery of instruction, curriculum, and services
17.5 (3) the utility of district facilities; and
17.6 (4) the effectiveness of district administration
17.7 For purposes of improving instruction and curriculum and consistent with section
17.813.32, subdivision 6, paragraph (b), the board must forward a summary of its evaluation
17.9findings to the commissioner upon request.
Subd. 7. Periodic report.
Each school district shall periodically ask affected
constituencies about their level of satisfaction with school. The district shall include the
results of this evaluation in the report required under subdivision 5.
Subd. 8. Biennial evaluation; assessment program.
At least once every two years,
the district report under subdivision 5
shall include an evaluation of the effectiveness of
district testing programs
, according to the following:
17.16 (1) written objectives of the assessment program;
17.17 (2) names of tests and grade levels tested;
17.18 (3) use of test results; and
17.19 (4) student achievement results compared to previous years
17.20EFFECTIVE DATE.This section is effective the day following final enactment
17.21and applies to reports on the 2011-2012 school year and later.
Sec. 7. Minnesota Statutes 2010, section 120B.12, is amended to read:
INTERVENTION PROFICIENTLY NO LATER THAN
17.24THE END OF GRADE 3.
Subdivision 1. Literacy goal.
The legislature seeks to have
17.26 able to read no later than the end of second grade every child reading at or above
17.27grade level no later than the end of grade 3 and that teachers provide comprehensive,
17.28scientifically based reading instruction consistent with section 122A.06, subdivision 4
Subd. 2. Identification; report.
school year and
later, each school district shall identify before the end of
grade 1, and
students who are
at risk of not learning to read not reading at grade level
the end of
second grade the current school year
. Reading assessments must identify and
17.33evaluate students' areas of academic need related to literacy.
The district must use a
locally adopted assessment
method. The district must and
of the assessment
to the commissioner by June 1.
18.3 Subd. 2a. Parent notification and involvement. Schools, at least annually,
18.4must give the parent of each student who is not reading at or above grade level timely
18.6(1) student's reading proficiency as measured by a locally adopted assessment;
18.7(2) reading-related services currently being provided to the student; and
18.8(3) strategies for parents to use in helping their student succeed in becoming
18.9grade-level proficient in reading.
Subd. 3. Intervention.
For each student identified under subdivision 2, the district
a reading intervention method or program to assist the student in reaching
18.12reading intervention to accelerate student growth in order to reach
the goal of
18.13 read no later than reading at or above grade level by
the end of
second the current
18.14and school year
. District intervention methods shall encourage parental involvement
and, where possible, collaboration with appropriate school and community programs.
Intervention methods may include, but are not limited to, requiring attendance in summer
intensified reading instruction that may require that the student be removed
from the regular classroom for part of the school day or extended-day programs
Subd. 4. Staff development.
Each district shall use the data under subdivision 2
identify the staff development needs
to ensure so
(1) elementary teachers are able to implement comprehensive, scientifically
, and balanced
programs that have resulted in improved
18.23 student performance in the five reading areas of phonemic awareness, phonics, fluency,
18.24vocabulary, and comprehension as defined in section 122A.06, subdivision 4, until the
18.25student achieves grade-level reading proficiency
(2) elementary teachers
who are instructing students identified under subdivision
18.27 2 are prepared to teach have sufficient training to provide comprehensive, scientifically
18.28based reading instruction
using the intervention methods or programs selected by the
district for the identified students;
licensed teachers employed by the district have regular opportunities to
improve reading instruction; and
18.32(4) licensed teachers recognize students' diverse needs in cross-cultural settings
18.33and are able to serve the oral language and linguistic needs of students who are English
18.35 Subd. 4a. Local literacy plan. Consistent with this section, a school district must
18.36adopt a local literacy plan to have every child reading at or above grade level no later than
19.1the end of grade 3. The plan must include a process to assess students' level of reading
19.2proficiency, notify and involve parents, intervene with students who are not reading at
19.3or above grade level, and identify and meet staff development needs. The district must
19.4post its literacy plan on the official school district Web site.
Subd. 5. Commissioner.
The commissioner shall recommend to districts multiple
that will to
assist districts and teachers with identifying students under
subdivision 2. The commissioner shall also make available
nationally recognized and research-based instructional methods or programs
to provide comprehensive, scientifically based
reading instruction and
according to under
Sec. 8. Minnesota Statutes 2010, section 120B.30, subdivision 1, is amended to read:
Subdivision 1. Statewide testing.
(a) The commissioner, with advice from experts
with appropriate technical qualifications and experience and stakeholders, consistent with
subdivision 1a, shall include in the comprehensive assessment system, for each grade
level to be tested, state-constructed tests developed from and aligned with the state's
required academic standards under section
, include multiple choice questions,
and be administered annually to all students in grades 3 through 8. State-developed high
school tests aligned with the state's required academic standards under section
and administered to all high school students in a subject other than writing must include
multiple choice questions. The commissioner shall establish one or more months during
which schools shall administer the tests to students each school year. For students enrolled
in grade 8 before the 2005-2006 school year, Minnesota basic skills tests in reading,
mathematics, and writing shall fulfill students' basic skills testing requirements for a
passing state notation. The passing scores of basic skills tests in reading and mathematics
are the equivalent of 75 percent correct for students entering grade 9 based on the first
uniform test administered in February 1998. 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 (c).
(b) The state assessment system must be aligned to the most recent revision of
academic standards as described in section
in the following manner:
(i) grades 3 through 8 beginning in the 2010-2011 school year; and
(ii) high school level beginning in the 2013-2014 school year;
(2) science; grades 5 and 8 and at the high school level beginning in the 2011-2012
school year; and
(3) language arts and reading; grades 3 through 8 and high school level beginning in
the 2012-2013 school year.
(c) For students enrolled in grade 8 in the 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
(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
(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.
(d) 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 (c) are eligible to receive a high school diploma
(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;
(2) participate in district-prescribed academic remediation in mathematics; and
(3) fully participate in at least two retests of the mathematics GRAD test or until
they pass the mathematics GRAD test, whichever comes first. A school, district, or
charter school must place on the high school transcript
highest current pass
21.11status for each subject that has a required graduation
score for each of the
21.12 following assessments on the student's high school transcript: the mathematics Minnesota
21.13 Comprehensive Assessment, reading Minnesota Comprehensive Assessment, and writing
21.14 Graduation-Required Assessment for Diploma, and when applicable, the mathematics
21.15 Graduation-Required Assessment for Diploma and reading Graduation-Required
21.16 Assessment for Diploma
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.
(e) The 3rd through 8th grade and high school test results shall be available to
districts for diagnostic purposes affecting student learning and district instruction and
curriculum, and for establishing educational accountability. The commissioner must
disseminate to the public the high school test results upon receiving those results.
(f) The 3rd through 8th grade and high school tests must be aligned with state
academic standards. The commissioner shall determine the testing process and the order
of administration. The statewide results shall be aggregated at the site and district level,
consistent with subdivision 1a.
(g) In addition to the testing and reporting requirements under this section, the
commissioner shall include the following components in the statewide public reporting
(1) uniform statewide testing of all students in grades 3 through 8 and at the high
school level that provides appropriate, technically sound accommodations or alternate
(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.
Sec. 9. Minnesota Statutes 2010, section 120B.30, subdivision 3, is amended to read:
Subd. 3. Reporting.
The commissioner shall report test
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 test results must not include personally
22.14identifiable information as defined in Code of Federal Regulations, title 34, section 99.3.
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. The commissioner shall disseminate to charter school authorizers a more
22.20comprehensive report containing testing information that contains anonymized data where
22.21cell count data are sufficient to protect student identity and that meets the authorizer's
22.22needs in fulfilling its obligations under section 124D.10.
Sec. 10. Minnesota Statutes 2010, section 120B.30, subdivision 4, is amended to read:
Subd. 4. Access to tests. Consistent with section 13.34,
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 which would not compromise the objectivity or fairness of the testing or
. 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 for their review.
Sec. 11. Minnesota Statutes 2010, section 120B.31, subdivision 4, is amended to read:
Statistical adjustments; Student performance data.
policies and assessment processes to hold schools and districts accountable for high levels
of academic standards under section
, the commissioner shall aggregate student
data over time to report student performance and growth levels measured at the school,
school district, and statewide level. When collecting and reporting the performance data,
the commissioner shall
: (1) acknowledge the impact of significant demographic factors
23.5 such as residential instability, the number of single parent families, parents' level of
23.6 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.
Sec. 12. Minnesota Statutes 2010, section 120B.36, subdivision 1, is amended to read:
Subdivision 1. School performance report cards.
(a) The commissioner
shall report student academic performance under section
120B.35, subdivision 2
percentages of students showing low, medium, and high growth under section
, paragraph (b); school safety and student engagement and connection
, subdivision 3, paragraph (d); rigorous coursework under section
23.17120B.35, subdivision 3
, paragraph (c); two separate student-to-teacher ratios that clearly
indicate the definition of teacher consistent with sections
purposes of determining these ratios; staff characteristics excluding salaries; student
enrollment demographics; district mobility; and extracurricular activities. The report also
must indicate a school's adequate yearly progress status, and must not set any designations
applicable to high- and low-performing schools due solely to adequate yearly progress
(b) The commissioner shall develop, annually update, and post on the department
Web site school performance report cards.
(c) The commissioner must make available performance report cards by the
beginning of each school year.
(d) A school or district may appeal its adequate yearly progress status in writing to
the commissioner within 30 days of receiving the notice of its status. The commissioner's
decision to uphold or deny an appeal is final.
(e) School performance report card data are nonpublic data under section
not later than ten days after the appeal procedure described in
23.33 paragraph (d) concludes the commissioner publicly releases the data
shall annually post school performance report cards to
its the department's
public web site no later than September 1, except that in years when the report card
24.1reflects new performance standards, the commissioner shall post the school performance
24.2report cards no later than October 1
Sec. 13. Minnesota Statutes 2010, section 120B.36, subdivision 2, is amended to read:
Subd. 2. Adequate yearly progress and other data.
All data the department
receives, collects, or creates to determine adequate yearly progress status under Public
Law 107-110, section 1116, set state growth targets, and determine student growth are
nonpublic data under section
13.02, subdivision 9
not later than ten days after the
24.8 appeal procedure described in subdivision 1, paragraph (d), concludes the commissioner
24.9publicly releases the data
. Districts must provide parents sufficiently detailed summary
data to permit parents to appeal under Public Law 107-110, section 1116(b)(2). The
shall annually post federal adequate yearly progress data and
state student growth data to
its the department's
public Web site no later than September
1, except that in years when adequate yearly progress reflects new performance standards,
24.14the commissioner shall post federal adequate yearly progress data and state student growth
24.15data no later than October 1
Sec. 14. Minnesota Statutes 2010, 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
. The parent of persons receiving
instruction in a home school shall submit the statements as required by subdivisions 1, 2,
4, and 12
to the superintendent of the district in which the person resides by October
each school year the first year of their homeschooling in Minnesota and the grade 7
. 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
, 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. 15. Minnesota Statutes 2010, section 122A.14, subdivision 3, is amended to read:
Subd. 3. Rules for continuing education requirements.
The board shall
adopt rules establishing continuing education requirements that promote continuous
improvement and acquisition of new and relevant skills by school administrators. A
25.22retired school principal who serves as a substitute principal or assistant principal for the
25.23same person on a day-to-day basis for no more than 15 consecutive school days is not
25.24subject to continuing education requirements as a condition of serving as a substitute
25.25principal or assistant principal.
25.26EFFECTIVE DATE.This section is effective the day following final enactment.
Sec. 16. Minnesota Statutes 2010, section 122A.16, as amended by Laws 2011, chapter
5, section 2, is amended to read:
25.29122A.16 HIGHLY QUALIFIED TEACHER DEFINED.
(a) A qualified teacher is one holding a valid license, under this chapter, to perform
the particular service for which the teacher is employed in a public school.
(b) For the purposes of the federal No Child Left Behind Act, a highly qualified
teacher is one who holds a valid license under this chapter, including under section
, among other sections
, to perform the particular service for which the teacher is
26.2 employed in a public school or who meets the requirements of a highly objective uniform
26.3 state standard of evaluation (HOUSSE) and is determined by local administrators as
26.4having highly qualified status in accordance with the approved Minnesota highly qualified
26.5plan. Teachers delivering core content instruction must be deemed highly qualified at the
26.6local level and reported to the state via the staff automated reporting system
All Minnesota teachers teaching in a core academic subject area, as defined by the
26.8 federal No Child Left Behind Act, in which they are not fully licensed may complete the
26.9 following HOUSSE process in the core subject area for which the teacher is requesting
26.10 highly qualified status by completing an application, in the form and manner described by
26.11 the commissioner, that includes:
26.12 (1) documentation of student achievement as evidenced by norm-referenced test
26.13 results that are objective and psychometrically valid and reliable;
26.14 (2) evidence of local, state, or national activities, recognition, or awards for
26.15 professional contribution to achievement;
26.16 (3) description of teaching experience in the teachers' core subject area in a public
26.17 school under a waiver, variance, limited license or other exception; nonpublic school; and
26.18 postsecondary institution;
26.19 (4) test results from the Praxis II content test;
26.20 (5) evidence of advanced certification from the National Board for Professional
26.21 Teaching Standards;
26.22 (6) evidence of the successful completion of course work or pedagogy courses; and
26.23 (7) evidence of the successful completion of high quality professional development
26.25 Districts must assign a school administrator to serve as a HOUSSE reviewer to
26.26 meet with teachers under this paragraph and, where appropriate, certify the teachers'
26.27 applications. Teachers satisfy the definition of highly qualified when the teachers receive
26.28 at least 100 of the total number of points used to measure the teachers' content expertise
26.29 under clauses (1) to (7). Teachers may acquire up to 50 points only in any one clause (1)
26.30 to (7). Teachers may use the HOUSSE process to satisfy the definition of highly qualified
26.31 for more than one subject area.
26.32 (c) Achievement of the HOUSSE criteria is not equivalent to a license. A teacher
26.33 must obtain permission from the Board of Teaching in order to teach in a public school.
26.34EFFECTIVE DATE.This section is effective for the 2011-2012 school year and
Sec. 17. Minnesota Statutes 2010, section 122A.40, subdivision 5, is amended to read:
Subd. 5. Probationary period.
(a) The first three consecutive years of a teacher's
first teaching experience in Minnesota in a single district is deemed to be a probationary
period of employment, and
after completion thereof,
the probationary period in each
district in which the teacher is thereafter employed also
one year three consecutive
27.6years of teaching experience except that for purposes of this provision, the probationary
27.7period for principals and assistant principals shall be two consecutive years. A school
27.8board may, in its discretion, shorten a three-year probationary period to two years or one
27.9year provided that the teacher has served an initial three-year probationary period in
. The school board must adopt a plan for written evaluation of teachers
during the probationary period. Evaluation must occur at least three times periodically
year for a teacher performing services
on 120 or more school
27.13 days, at least two times each year for a teacher performing services on 60 to 119 school
27.14 days, and at least one time each year for a teacher performing services on fewer than
27.15 60 school days during that school year
. Days devoted to parent-teacher conferences,
teachers' workshops, and other staff development opportunities and days on which a
teacher is absent from school must not be included in determining the number of school
days on which a teacher performs services. Except as otherwise provided in paragraph (b),
during the probationary period any annual contract with any teacher may or may not be
renewed as the school board shall see fit. However, the board must give any such teacher
whose contract it declines to renew for the following school year written notice to that
1. If the teacher requests reasons for any nonrenewal of a teaching
contract, the board must give the teacher its reason in writing, including a statement
that appropriate supervision was furnished describing the nature and the extent of such
supervision furnished the teacher during the employment by the board, within ten days
after receiving such request. The school board may, after a hearing held upon due notice,
discharge a teacher during the probationary period for cause, effective immediately,
(b) A board must discharge a probationary teacher, effective immediately, upon
receipt of notice under section
122A.20, subdivision 1
, paragraph (b), that the teacher's
license has been revoked due to a conviction for child abuse or sexual abuse.
(c) A probationary teacher whose first three years of consecutive employment in
are interrupted for active military service and who promptly resumes teaching
consistent with federal reemployment timelines for uniformed service personnel under
United States Code, title 38, section 4312(e), is considered to have a consecutive teaching
experience for purposes of paragraph (a).
(d) A probationary teacher must complete
at least 60 120
days of teaching service
each year during the probationary period. Days devoted to parent-teacher conferences,
teachers' workshops, and other staff development opportunities and days on which a
teacher is absent from school do not count as days of teaching service under this paragraph.
28.5EFFECTIVE DATE.This section is effective June 30, 2011, and applies to all
28.6probationary teacher employment contracts ratified or modified after that date.
Sec. 18. Minnesota Statutes 2010, section 122A.40, is amended by adding a
subdivision to read:
28.9 Subd. 8a. Probationary period for principals hired internally. A probationary
28.10period of two school years is required for a licensed teacher employed by the board who is
28.11subsequently employed by the board as a licensed school principal or assistant principal
28.12and an additional probationary period of two years is required for a licensed assistant
28.13principal employed by the board who is subsequently employed by the board as a licensed
28.14principal. A licensed teacher subsequently employed by the board as a licensed school
28.15principal or assistant principal retains the teacher's continuing contract status as a licensed
28.16teacher during the probationary period under this subdivision and has the right to return
28.17to the teacher's previous position or an equivalent position, if available, if the teacher is
28.19EFFECTIVE DATE.This section is effective June 30, 2011, and applies to all
28.20contracts for internally hired licensed school principals and assistant principals ratified or
28.21modified after that date.
Sec. 19. Minnesota Statutes 2010, section 122A.40, subdivision 11, is amended to read:
Subd. 11. Unrequested leave of absence. (a)
The board may place on unrequested
leave of absence, without pay or fringe benefits, as many teachers as may be necessary
because of discontinuance of position, lack of pupils, financial limitations, or merger of
classes caused by consolidation of districts. The unrequested leave is effective at the close
of the school year. In placing teachers on unrequested leave, the board may exempt from
28.28the effects of paragraphs (b) to (g) those teachers who teach in a Montessori or a language
28.29immersion program, provide instruction in an advanced placement course, or hold a
28.30kindergarten through grade 12 instrumental vocal classroom music license and currently
28.31serve as a choir, band or orchestra director and who, in the superintendent's judgment,
28.32meet a unique need in delivering curriculum. However, within the Montessori or language
29.1immersion program, a teacher must be placed on unrequested leave of absence consistent
29.2with paragraphs (b) to (g).
the board is governed by the following provisions:
29.3 (a) (b)
The board may place probationary teachers on unrequested leave first in
the inverse order of their employment. A teacher who has acquired continuing contract
rights must not be placed on unrequested leave of absence while probationary teachers
are retained in positions for which the teacher who has acquired continuing contract
rights is licensed
29.8 (b) (c)
Teachers who have acquired continuing contract rights shall be placed on
unrequested leave of absence in fields in which they are licensed in the inverse order
in which they were employed by the school district. In the case of equal seniority, the
order in which teachers who have acquired continuing contract rights shall be placed on
unrequested leave of absence in fields in which they are licensed is negotiable
29.13 (c) (d)
Notwithstanding the provisions of
clause (b) paragraph (c)
, a teacher is not
entitled to exercise any seniority when that exercise results in that teacher being retained
by the district in a field for which the teacher holds only a provisional license, as defined
by the board of teaching, unless that exercise of seniority results in the placement on
unrequested leave of absence of another teacher who also holds a provisional license in the
same field. The provisions of this clause do not apply to vocational education licenses
29.19 (d) (e)
clauses (a), (b) and (c) paragraphs (b), (c), and (d)
, if the
placing of a probationary teacher on unrequested leave before a teacher who has acquired
continuing rights, the placing of a teacher who has acquired continuing contract rights
on unrequested leave before another teacher who has acquired continuing contract rights
but who has greater seniority, or the restriction imposed by the provisions of
would place the district in violation of its affirmative action program,
the district may retain the probationary teacher, the teacher with less seniority, or the
provisionally licensed teacher
29.27 (e) (f)
Teachers placed on unrequested leave of absence must be reinstated to
the positions from which they have been given leaves of absence or, if not available,
to other available positions in the school district in fields in which they are licensed.
Reinstatement must be in the inverse order of placement on leave of absence. A teacher
must not be reinstated to a position in a field in which the teacher holds only a provisional
license, other than a vocational education license, while another teacher who holds a
nonprovisional license in the same field remains on unrequested leave. The order of
reinstatement of teachers who have equal seniority and who are placed on unrequested
leave in the same school year is negotiable
30.1 (f) (g)
Appointment of a new teacher must not be made while there is available, on
unrequested leave, a teacher who is properly licensed to fill such vacancy, unless the
teacher fails to advise the school board within 30 days of the date of notification that a
position is available to that teacher who may return to employment and assume the duties
of the position to which appointed on a future date determined by the board
30.6 (g) (h)
A teacher placed on unrequested leave of absence may engage in teaching
or any other occupation during the period of this leave
30.8 (h) (i)
The unrequested leave of absence must not impair the continuing contract
rights of a teacher or result in a loss of credit for previous years of service
30.10 (i) (j)
The unrequested leave of absence of a teacher who is placed on unrequested
leave of absence and who is not reinstated shall continue for a period of five years, after
which the right to reinstatement shall terminate. The teacher's right to reinstatement shall
also terminate if the teacher fails to file with the board by April 1 of any year a written
statement requesting reinstatement
30.15 (j) (k)
The same provisions applicable to terminations of probationary or continuing
contracts in subdivisions 5 and 7 must apply to placement on unrequested leave of
30.18 (k) (l)
Nothing in this subdivision shall be construed to impair the rights of teachers
placed on unrequested leave of absence to receive unemployment benefits if otherwise
30.21EFFECTIVE DATE.This section is effective June 30, 2011, and applies to all
30.22collective bargaining agreements ratified or modified after that date.
Sec. 20. Minnesota Statutes 2010, section 122A.41, subdivision 1, is amended to read:
Subdivision 1. Words, terms, and phrases.
Unless the language or context clearly
indicates that a different meaning is intended, the following words, terms, and phrases, for
the purposes of the following subdivisions in this section shall be defined as follows:
The term "teacher" includes every person regularly employed, as a
principal, or to give instruction in a classroom, or to superintend or supervise classroom
instruction, or as placement teacher and visiting teacher. Persons regularly employed as
counselors and school librarians shall be covered by these sections as teachers if licensed
as teachers or as school librarians.
(b) School board.
The term "school board" includes a majority in membership
of any and all boards or official bodies having the care, management, or control over
The word "demote" means to reduce
in rank or to transfer to a lower
31.2 branch of the service or to a position carrying a lower salary or the
compensation a person
31.3actually receives in the new position
(d) Nonprovisional license.
For purposes of this section, "nonprovisional license"
shall mean an entrance, continuing, or life license.
31.6EFFECTIVE DATE.This section is effective the day following final enactment.
Sec. 21. Minnesota Statutes 2010, section 122A.41, subdivision 2, is amended to read:
Subd. 2. Probationary period; discharge or demotion.
(a) All teachers in
the public schools in cities of the first class during the first three years of consecutive
employment shall be deemed to be in a probationary period of employment during which
period any annual contract with any teacher may, or may not, be renewed as the school
board, after consulting with the peer review committee charged with evaluating the
probationary teachers under subdivision 3, shall see fit. The school site management team
or the school board if there is no school site management team, shall adopt a plan for a
written evaluation of teachers during the probationary period according to subdivision
3. Evaluation by the peer review committee charged with evaluating probationary
teachers under subdivision 3 shall occur at least three times periodically throughout
for a teacher performing services on 120 or more school days, at least two
31.19 times each year for a teacher performing services on 60 to 119 school days, and at least
31.20 one time each year for a teacher performing services on fewer than 60 school days
devoted to parent-teacher conferences, teachers' workshops, and other staff development
opportunities and days on which a teacher is absent from school shall not be included in
determining the number of school days on which a teacher performs services. The school
board may, during such probationary period, discharge or demote a teacher for any of the
causes as specified in this code. A written statement of the cause of such discharge or
demotion shall be given to the teacher by the school board at least 30 days before such
removal or demotion shall become effective, and the teacher so notified shall have no
right of appeal therefrom.
(b) A probationary teacher whose first three years of consecutive employment are
interrupted for active military service and who promptly resumes teaching consistent with
federal reemployment timelines for uniformed service personnel under United States
Code, title 38, section 4312(e), is considered to have a consecutive teaching experience
for purposes of paragraph (a).
(c) A probationary teacher must complete
at least 60 120
days of teaching service
each year during the probationary period. Days devoted to parent-teacher conferences,
teachers' workshops, and other staff development opportunities and days on which a
teacher is absent from school do not count as days of teaching service under this paragraph.
32.3EFFECTIVE DATE.This section is effective the day following final enactment.
Sec. 22. Minnesota Statutes 2010, section 122A.41, subdivision 5a, is amended to read:
Subd. 5a. Probationary period for principals hired internally.
A board and the
32.6 exclusive representative of the school principals in the district may negotiate a plan for
probationary period of
two school years is required
for licensed teachers employed
by the board who are subsequently employed by the board as a licensed school principal or
assistant principal and an additional probationary period of
two years is required
licensed assistant principals employed by the board who are subsequently employed by
the board as a licensed school principal. A licensed teacher subsequently employed by the
32.12board as a licensed school principal or assistant principal retains the teacher's continuing
32.13contract status as a licensed teacher during the probationary period under this subdivision
32.14and has the right to return to the teacher's previous position or an equivalent position, if
32.15available, if the teacher is not promoted.
32.16EFFECTIVE DATE.This section is effective the day following final enactment.
Sec. 23. Minnesota Statutes 2010, section 122A.41, subdivision 10, is amended to read:
Subd. 10. Decision, when rendered.
The hearing must be concluded and a decision
in writing, stating the grounds on which it is based, rendered within 25 days after giving of
such notice. Where the hearing is before a school board the teacher may be discharged
or demoted upon the affirmative vote of a majority of the members of the board. If the
charges, or any of such, are found to be true, the board conducting the hearing must
discharge, demote, or suspend the teacher, as seems to be for the best interest of the school.
A teacher must not be discharged for either of the causes specified in subdivision 6, clause
32.25 (3), except during the school year, and then only upon charges filed at least four months
32.26 before the close of the school sessions of such school year.
32.27EFFECTIVE DATE.This section is effective the day following final enactment.
Sec. 24. Minnesota Statutes 2010, section 122A.41, subdivision 14, is amended to read:
Subd. 14. Services terminated by discontinuance or lack of pupils; preference
A teacher whose services are terminated on account of discontinuance of
32.31 position or lack of pupils must receive first consideration for other positions in the district
32.32 for which that teacher is qualified.
In the event it becomes necessary to discontinue
one or more positions, in making such discontinuance, teachers must receive first
33.2consideration for other positions in the district for which that teacher is qualified and must
in any department
in the inverse order in which they were employed,
unless a board and the exclusive representative of teachers in the district negotiate a
plan providing otherwise.
33.6(b) The board may exempt from the effects of paragraph (a) those teachers who
33.7teach in a Montessori or a language immersion program or provide instruction in an
33.8advanced placement course and who, in the superintendent's judgment, meet a unique
33.9need in delivering curriculum. However, within the Montessori or language immersion
33.10program, a teacher shall be discontinued based on the inverse order in which the teacher
Notwithstanding the provisions of clause (a), a teacher is not entitled to
exercise any seniority when that exercise results in that teacher being retained by the
district in a field for which the teacher holds only a provisional license, as defined by the
Board of Teaching, unless that exercise of seniority results in the termination of services,
on account of discontinuance of position or lack of pupils, of another teacher who also
holds a provisional license in the same field. The provisions of this clause do not apply
to vocational education licenses.
Notwithstanding the provisions of clause (a), a teacher must not be reinstated
to a position in a field in which the teacher holds only a provisional license, other than a
vocational education license, while another teacher who holds a nonprovisional license in
the same field is available for reinstatement.
Sec. 25. Minnesota Statutes 2010, section 123B.143, subdivision 1, is amended to read:
Subdivision 1. Contract; duties.
All districts maintaining a classified secondary
school must employ a superintendent who shall be an ex officio nonvoting member of the
school board. The authority for selection and employment of a superintendent must be
vested in the board in all cases. An individual employed by a board as a superintendent
shall have an initial employment contract for a period of time no longer than three years
from the date of employment. Any subsequent employment contract must not exceed a
period of three years. A board, at its discretion, may or may not renew an employment
contract. A board must not, by action or inaction, extend the duration of an existing
employment contract. Beginning 365 days prior to the expiration date of an existing
employment contract, a board may negotiate and enter into a subsequent employment
contract to take effect upon the expiration of the existing contract. A subsequent contract
must be contingent upon the employee completing the terms of an existing contract. If a
contract between a board and a superintendent is terminated prior to the date specified in
the contract, the board may not enter into another superintendent contract with that same
individual that has a term that extends beyond the date specified in the terminated contract.
A board may terminate a superintendent during the term of an employment contract for any
of the grounds specified in section
122A.40, subdivision 9
or 13. A superintendent shall
not rely upon an employment contract with a board to assert any other continuing contract
rights in the position of superintendent under section
. Notwithstanding the
provisions of sections
122A.40, subdivision 10
, or any other law
to the contrary, no individual shall have a right to employment as a superintendent based
on order of employment in any district. If two or more districts enter into an agreement for
the purchase or sharing of the services of a superintendent, the contracting districts have
the absolute right to select one of the individuals employed to serve as superintendent
in one of the contracting districts and no individual has a right to employment as the
superintendent to provide all or part of the services based on order of employment in a
contracting district. The superintendent of a district shall perform the following:
(1) visit and supervise the schools in the district, report and make recommendations
about their condition when advisable or on request by the board;
(2) recommend to the board employment and dismissal of teachers;
(3) annually evaluate each school principal assigned responsibility for supervising
34.20a school building within the district, consistent with section 123B.147, subdivision 3,
superintend school grading practices and examinations for promotions;
make reports required by the commissioner; and
perform other duties prescribed by the board.
34.25EFFECTIVE DATE.This section is effective for the 2013-2014 school year and
Sec. 26. Minnesota Statutes 2010, section 123B.147, subdivision 3, is amended to read:
Subd. 3. Duties; evaluation. (a)
The principal shall provide administrative,
supervisory, and instructional leadership services, under the supervision of the
superintendent of schools of the district and
in accordance with according to
rules, and regulations of the school
, for the planning, management,
operation, and evaluation of the education program of the building or buildings to which
the principal is assigned.
34.34 (b) To enhance a principal's leadership skills and support and improve teaching
34.35practices, school performance, and student achievement, a district must develop and
35.1implement a performance-based system for annually evaluating school principals assigned
35.2to supervise a school building within the district. The evaluation must be designed
35.3to improve teaching and learning by supporting the principal in shaping the school's
35.4professional environment and developing teacher quality, performance, and effectiveness.
35.5The annual evaluation must:
35.6 (1) support and improve a principal's instructional leadership, organizational
35.7management, and professional development, and strengthen the principal's capacity in the
35.8areas of instruction, supervision, evaluation, and teacher development;
35.9 (2) include formative and summative evaluations;
35.10 (3) be consistent with a principal's job description, a district's long-term plans and
35.11goals, and the principal's own professional multiyear growth plans and goals, all of which
35.12must support the principal's leadership behaviors and practices, rigorous curriculum,
35.13school performance, and high-quality instruction;
35.14 (4) include on-the-job observations and previous evaluations;
35.15 (5) allow surveys to help identify a principal's effectiveness, leadership skills and
35.16processes, and strengths and weaknesses in exercising leadership in pursuit of school
35.18 (6) use longitudinal data on student academic growth as an evaluation component
35.19and incorporate district achievement goals and targets; and
35.20 (7) be linked to professional development that emphasizes improved teaching and
35.21learning, curriculum and instruction, student learning, and a collaborative professional
35.23 The provisions of this paragraph are intended to provide districts with sufficient
35.24flexibility to accommodate district needs and goals related to developing, supporting,
35.25and evaluating principals.
35.26EFFECTIVE DATE.This section is effective for the 2013-2014 school year and
Sec. 27. Minnesota Statutes 2010, section 124D.091, subdivision 2, is amended to read:
Subd. 2. Eligibility.
A district that offers a concurrent enrollment course according
to an agreement under section
124D.09, subdivision 10
, is eligible to receive aid for the
costs of providing postsecondary courses at the high school. Beginning in fiscal year 2011,
districts only are eligible for aid if the college or university concurrent enrollment courses
offered by the district are accredited by the National Alliance of Concurrent Enrollment
Partnership, in the process of being accredited, or are shown by clear evidence to be of
comparable standard to accredited courses, or are technical courses within a recognized
36.1career and technical education program of study approved by the commissioner of
36.2education and the chancellor of the Minnesota State Colleges and Universities
Sec. 28. Minnesota Statutes 2010, section 124D.10, is amended to read:
36.4124D.10 CHARTER SCHOOLS.
Subdivision 1. Purposes.
(a) The purpose of this section is to:
(1) improve pupil learning and student achievement;
(2) increase learning opportunities for pupils;
(3) encourage the use of different and innovative teaching methods;
(4) measure learning outcomes and create different and innovative forms of
(5) establish new forms of accountability for schools; and
(6) create new professional opportunities for teachers, including the opportunity to
be responsible for the learning program at the school site.
(b) This section does not provide a means to keep open a school that
36.15 be closed or to reestablish a school that has been closed. Applicants in these circumstances
36.16 bear the burden of proving that conversion to a charter school or establishment of a new
36.17 charter school fulfills the purposes specified in this subdivision, independent of the
36.18 school's closing a school board decides to close. However, a school board may endorse
36.19or authorize the establishing of a charter school to replace the school the board decided
36.20to close. Applicants seeking a charter under this circumstance must demonstrate to the
36.21authorizer that the charter sought is substantially different in purpose and program from
36.22the school the board closed and that the proposed charter satisfies the requirements of this
36.23subdivision. If the school board that closed the school authorizes the charter, it must
36.24document in its affidavit to the commissioner that the charter is substantially different in
36.25program and purpose from the school it closed
An authorizer shall not approve an application submitted by a charter school
developer under subdivision 4, paragraph (a), if the application does not comply with this
subdivision. The commissioner shall not approve an affidavit submitted by an authorizer
under subdivision 4, paragraph (b), if the affidavit does not comply with this subdivision.
Subd. 2. Applicability.
This section applies only to charter schools formed and
operated under this section.
Subd. 3. Authorizer.
(a) For purposes of this section, the terms defined in this
subdivision have the meanings given them.
"Application" to receive approval as an authorizer means the proposal an eligible
authorizer submits to the commissioner under paragraph (c) before that authorizer is able
to submit any affidavit to charter to a school.
"Application" under subdivision 4 means the charter school business plan a
school developer submits to an authorizer for approval to establish a charter school that
documents the school developer's mission statement, school purposes, program design,
financial plan, governance and management structure, and background and experience,
plus any other information the authorizer requests. The application also shall include a
"statement of assurances" of legal compliance prescribed by the commissioner.
"Affidavit" means a written statement the authorizer submits to the commissioner
for approval to establish a charter school under subdivision 4 attesting to its review and
approval process before chartering a school.
"Affidavit" means the form an authorizer submits to the commissioner that is a
37.14 precondition to a charter school organizing an affiliated nonprofit building corporation
37.15 under subdivision 17a.
(b) The following organizations may authorize one or more charter schools:
(1) a school board; intermediate school district school board; education district
organized under sections
(2) a charitable organization under section 501(c)(3) of the Internal Revenue Code
of 1986, excluding a nonpublic sectarian or religious institution, any person other than a
natural person that directly or indirectly, through one or more intermediaries, controls,
is controlled by, or is under common control with the nonpublic sectarian or religious
institution, and any other charitable organization under this clause that in the federal IRS
Form 1023, Part IV, describes activities indicating a religious purpose, that:
(i) is a member of the Minnesota Council of Nonprofits or the Minnesota Council on
(ii) is registered with the attorney general's office; and
reports an end-of-year fund balance of at least $2,000,000; and
is incorporated in the state of Minnesota and has been operating continuously
37.30for at least five years but does not operate a charter school
(3) a Minnesota private college, notwithstanding clause (2), that grants two- or
four-year degrees and is registered with the Minnesota Office of Higher Education under
chapter 136A; community college, state university, or technical college governed by the
Board of Trustees of the Minnesota State Colleges and Universities; or the University of
(4) a nonprofit corporation subject to chapter 317A, described in section
and exempt from federal income tax under section 501(c)(6) of the Internal Revenue Code
of 1986, may authorize one or more charter schools if the charter school has operated
for at least three years under a different authorizer and if the nonprofit corporation has
existed for at least 25 years.
no more than three
single-purpose authorizers that are charitable, nonsectarian
organizations formed under section 501(c)(3) of the Internal Revenue Code of 1986 and
incorporated in the state of Minnesota whose sole purpose is to charter schools. Eligible
organizations interested in being approved as an authorizer under this paragraph must
submit a proposal to the commissioner that includes the provisions of paragraph (c) and
a five-year financial plan. Such authorizers shall consider and approve applications
using the criteria provided in subdivision 4 and shall not limit the applications it solicits,
considers, or approves to any single curriculum, learning program, or method.
(c) An eligible authorizer under this subdivision must apply to the commissioner for
approval as an authorizer before submitting any affidavit to the commissioner to charter
a school. The application for approval as a charter school authorizer must demonstrate
the applicant's ability to implement the procedures and satisfy the criteria for chartering a
school under this section. The commissioner must approve or disapprove an application
business days of the application deadline. If the commissioner disapproves
the application, the commissioner must notify the applicant of the specific
and the applicant then has 20 business days to address the deficiencies to the
commissioner's satisfaction. After the 20 business days expire, the commissioner has 15
38.23business days to make a final decision to approve or disapprove the application.
address the deficiencies to the commissioner's satisfaction makes an applicant ineligible to
be an authorizer. The commissioner, in establishing criteria for approval, must consider
(1) capacity and infrastructure;
(2) application criteria and process;
(3) contracting process;
(4) ongoing oversight and evaluation processes; and
(5) renewal criteria and processes.
The affidavit to be submitted to and evaluated by An applicant must include in
38.33its application to
must include to be an approved authorizer
(1) how chartering schools is a way for the organization to carry out its mission;
(2) a description of the capacity of the organization to serve as an authorizer,
including the personnel who will perform the authorizing duties, their qualifications, the
amount of time they will be assigned to this responsibility, and the financial resources
allocated by the organization to this responsibility;
(3) a description of the application and review process the authorizer will use to make
decisions regarding the granting of charters
, which will include at least the following:
39.7 (i) how the statutory purposes defined in subdivision 1 are addressed;
39.8 (ii) the mission, goals, program model, and student performance expectations;
39.9 (iii) an evaluation plan for the school that includes criteria for evaluating educational,
39.10 organizational, and fiscal plans;
39.11 (iv) the school's governance plan;
39.12 (v) the financial management plan; and
39.13 (vi) the administration and operations plan
(4) a description of the type of contract it will arrange with the schools it charters
that meets the provisions of subdivision 6
and defines the rights and responsibilities of the
39.16 charter school for governing its educational program, controlling its funds, and making
39.17 school management decisions
(5) the process to be used for providing ongoing oversight of the school consistent
with the contract expectations specified in clause (4) that assures that the schools chartered
are complying with both the provisions of applicable law and rules, and with the contract;
(6) a description of the criteria and process the authorizer will use to grant expanded
39.22applications under subdivision 4, paragraph (j);
the process for making decisions regarding the renewal or termination of
the school's charter based on evidence that demonstrates the academic, organizational,
and financial competency of the school, including its success in increasing student
achievement and meeting the goals of the charter school agreement; and
an assurance specifying that the organization is committed to serving as
an authorizer for the full five-year term.
A disapproved applicant under this
may resubmit an
application during a future application period.
39.31 (f) If the governing board of an approved authorizer that has chartered multiple
39.32schools votes to withdraw as an approved authorizer for a reason unrelated to any
39.33cause under subdivision 23, the authorizer must notify all its chartered schools and the
39.34commissioner in writing by July 15 of its intent to withdraw as an authorizer on June 30 in
39.35the next calendar year. The commissioner may approve the transfer of a charter school
40.1to a new authorizer under this paragraph after the new authorizer submits an affidavit to
The authorizer must participate in department-approved training.
An authorizer that chartered a school before August 1, 2009, must apply by
June 30, 2011, to the commissioner for approval, under paragraph (c), to continue as an
authorizer under this section. For purposes of this paragraph, an authorizer that fails to
submit a timely application is ineligible to charter a school.
The commissioner shall review an authorizer's performance every five years
in a manner and form determined by the commissioner and may review an authorizer's
performance more frequently at the commissioner's own initiative or at the request of a
charter school operator, charter school board member, or other interested party. The
commissioner, after completing the review, shall transmit a report with findings to the
authorizer. If, consistent with this section, the commissioner finds that an authorizer has
not fulfilled the requirements of this section, the commissioner may subject the authorizer
to corrective action, which may include terminating the contract with the charter school
board of directors of a school it chartered. The commissioner must notify the authorizer
in writing of any findings that may subject the authorizer to corrective action and
the authorizer then has 15 business days to request an informal hearing before the
commissioner takes corrective action. If the commissioner terminates a contract between
40.20an authorizer and a charter school under this paragraph, the commissioner may assist the
40.21charter school in acquiring a new authorizer.
The commissioner may at any time take corrective action against an
authorizer, including terminating an authorizer's ability to charter a school for:
(1) failing to demonstrate the criteria under paragraph (c) under which the
commissioner approved the authorizer;
(2) violating a term of the chartering contract between the authorizer and the charter
school board of directors;
(3) unsatisfactory performance as an approved authorizer; or
40.29 (4) any good cause shown that provides the commissioner a legally sufficient reason
40.30to take corrective action against an authorizer
Subd. 4. Formation of school.
(a) An authorizer, after receiving an application from
a school developer, may charter a licensed teacher under section
, or a group of individuals that includes one or more licensed teachers under section
40.34122A.18, subdivision 1
, to operate a school subject to the commissioner's approval of the
authorizer's affidavit under paragraph (b). The school must be organized and operated
cooperative under chapter 308A or
nonprofit corporation under chapter 317A and
the provisions under the applicable chapter shall apply to the school except as provided
in this section.
, a school district, subject to this
section and section
, may create a corporation for the purpose of establishing a
(b) Before the operators may establish and operate a school, the authorizer must file
an affidavit with the commissioner stating its intent to charter a school. An authorizer
must file a separate affidavit for each school it intends to charter. The affidavit must
state the terms and conditions under which the authorizer would charter a school and
how the authorizer intends to oversee the fiscal and student performance of the charter
school and to comply with the terms of the written contract between the authorizer
and the charter school board of directors under subdivision 6. The commissioner must
approve or disapprove the authorizer's affidavit within 60 business days of receipt of the
affidavit. If the commissioner disapproves the affidavit, the commissioner shall notify
the authorizer of the deficiencies in the affidavit and the authorizer then has 20 business
days to address the deficiencies. If the authorizer does not address deficiencies to the
commissioner's satisfaction, the commissioner's disapproval is final. Failure to obtain
commissioner approval precludes an authorizer from chartering the school that is the
subject of this affidavit.
(c) The authorizer may prevent an approved charter school from opening for
operation if, among other grounds, the charter school violates this section or does not meet
the ready-to-open standards that are part of the authorizer's oversight and evaluation
process or are stipulated in the charter school contract.
(d) The operators authorized to organize and operate a school, before entering into a
contract or other agreement for professional or other services, goods, or facilities, must
incorporate as a
cooperative under chapter 308A or as a
nonprofit corporation under
chapter 317A and must establish a board of directors composed of at least five members
who are not related parties until a timely election for members of the ongoing charter
school board of directors is held according to the school's articles and bylaws under
paragraph (f). A charter school board of directors must be composed of at least five
members who are not related parties. Staff members employed at the school, including
teachers providing instruction under a contract with a cooperative, and all parents or legal
guardians of children enrolled in the school are the voters eligible to elect the members
of the school's board of directors. A charter school must notify eligible voters of the
school board election dates at least 30 days before the election. Board of director meetings
must comply with chapter 13D.
(e) Upon the request of an individual, the charter school must make available in
a timely fashion the minutes of meetings of the board of directors, and of members
and committees having any board-delegated authority; financial statements showing all
operations and transactions affecting income, surplus, and deficit during the school's last
annual accounting period; and a balance sheet summarizing assets and liabilities on the
closing date of the accounting period. A charter school also must post on its official Web
site information identifying its authorizer and indicate how to contact that authorizer and
include that same information about its authorizer in other school materials that it makes
available to the public.
(f) Every charter school board member shall attend
training throughout the member's term
on board governance, including training on
board's role and responsibilities, employment policies and practices, and financial
management. A board member who does not begin the required initial
training within six
being seated and complete
the required that
training within 12 months of
being seated on the board is ineligible to continue to serve as a board member.
(g) The ongoing board must be elected before the school completes its third year
of operation. Board elections must be held at a time
a time when the
42.18 session year but may not be conducted on days when the school is closed for holidays
. The charter school board of directors shall be composed of at least five
nonrelated members and include: (i) at least one licensed teacher employed at the
school or a licensed teacher providing instruction under
a contact contract
charter school and a cooperative; (ii) the parent or legal guardian of a student enrolled in
the charter school who is not an employee of the charter school
; and (iii) an interested
community member who is not employed by the charter school and does not have a child
enrolled in the school. The board may be a teacher majority board composed of teachers
described in this paragraph. The chief financial officer and the chief administrator
42.27only serve as
ex-officio nonvoting board members and may not serve as a voting member
42.28of the board. Charter school employees shall not serve on the board unless item (i) applies.
42.29Contractors providing facilities, goods, or services to a charter school shall not serve on
42.30the board of directors of the charter school
. Board bylaws shall outline the process and
procedures for changing the board's governance model, consistent with chapter 317A. A
board may change its governance model only:
(1) by a majority vote of the board of directors and the licensed teachers employed
by the school, including licensed teachers providing instruction under a contract between
the school and a cooperative; and
(2) with the authorizer's approval.
Any change in board governance must conform with the board structure established
under this paragraph.
(h) The granting or renewal of a charter by an authorizer must not be conditioned
upon the bargaining unit status of the employees of the school.
(i) The granting or renewal of a charter school by an authorizer must not be
contingent on the charter school being required to contract, lease, or purchase services
from the authorizer. Any potential contract, lease, or purchase of service from an
authorizer must be disclosed to the commissioner, accepted through an open bidding
process, and be a separate contract from the charter contract. The school must document
the open bidding process. An authorizer must not enter into a contract to provide
management and financial services for a school that it authorizes, unless the school
documents that it received at least two competitive bids.
(j) An authorizer may permit the board of directors of a charter school to expand
the operation of the charter school to additional sites or to add additional grades at the
school beyond those described in the authorizer's original affidavit as approved by
the commissioner only after submitting a supplemental affidavit for approval to the
commissioner in a form and manner prescribed by the commissioner. The supplemental
by the charter school is supported by expansion plan
need and projected enrollment;
expansion is warranted, at a minimum, by longitudinal data
demonstrating students' improved academic performance and growth on statewide
assessments under chapter 120B;
(3) the charter school is
has the financial capacity the
to implement the proposed expansion exists
authorizer finds that the
charter school has the governance structure and
management capacity to carry out its expansion.
(k) The commissioner shall have 30 business days to review and comment on the
supplemental affidavit. The commissioner shall notify the authorizer of any deficiencies in
the supplemental affidavit and the authorizer then has
business days to address, to
the commissioner's satisfaction, any deficiencies in the supplemental affidavit. The school
may not expand grades or add sites until the commissioner has approved the supplemental
affidavit. The commissioner's approval or disapproval of a supplemental affidavit is final.
Subd. 4a. Conflict of interest.
(a) An individual is prohibited from serving as a
member of the charter school board of directors if the individual, an immediate family
member, or the individual's partner is an owner, employee or agent of, or a contractor
with a for-profit or nonprofit entity or individual
with whom the charter school contracts,
directly or indirectly, for professional services, goods, or facilities. A violation of this
prohibition renders a contract voidable at the option of the commissioner or the charter
school board of directors. A member of a charter school board of directors who violates
this prohibition is individually liable to the charter school for any damage caused by
(b) No member of the board of directors, employee, officer, or agent of a charter
school shall participate in selecting, awarding, or administering a contract if a conflict
of interest exists. A conflict exists when:
(1) the board member, employee, officer, or agent;
(2) the immediate family of the board member, employee, officer, or agent;
(3) the partner of the board member, employee, officer, or agent; or
(4) an organization that employs, or is about to employ any individual in clauses
(1) to (3),
has a financial or other interest in the entity with which the charter school is contracting.
A violation of this prohibition renders the contract void.
(c) Any employee, agent, or board member of the authorizer who participates
in the initial review, approval, ongoing oversight, evaluation, or the charter renewal or
nonrenewal process or decision is ineligible to serve on the board of directors of a school
chartered by that authorizer.
(d) An individual may serve as a member of the board of directors if no conflict of
interest under paragraph (a) exists.
(e) The conflict of interest provisions under this subdivision do not apply to
compensation paid to a teacher employed by the charter school who also serves as a
member of the board of directors.
(f) The conflict of interest provisions under this subdivision do not apply to a teacher
who provides services to a charter school through a cooperative formed under chapter
308A when the teacher also serves on the charter school board of directors.
Subd. 5. Conversion of existing schools.
A board of an independent or special
school district may convert one or more of its existing schools to charter schools under
this section if 60 percent of the full-time teachers at the school sign a petition seeking
conversion. The conversion must occur at the beginning of an academic year.
Subd. 6. Charter contract.
The authorization for a charter school must be in the
form of a written contract signed by the authorizer and the board of directors of the charter
school. The contract must be completed within 45 business days of the commissioner's
approval of the authorizer's affidavit. The authorizer shall submit to the commissioner a
copy of the signed charter contract within ten business days of its execution. The contract
for a charter school must be in writing and contain at least the following:
(1) a declaration of the purposes in subdivision 1 that the school intends to carry out
and how the school will report its implementation of those purposes;
(2) a description of the school program and the specific academic and nonacademic
outcomes that pupils must achieve;
(3) a statement of admission policies and procedures;
(4) a governance, management, and administration plan for the school;
(5) signed agreements from charter school board members to comply with all
federal and state laws governing organizational, programmatic, and financial requirements
applicable to charter schools;
(6) the criteria, processes, and procedures that the authorizer will use for ongoing
oversight of operational, financial, and academic performance;
(7) the performance evaluation that is a prerequisite for reviewing a charter contract
under subdivision 15;
(8) types and amounts of insurance liability coverage to be obtained by the charter
(9) consistent with subdivision 25, paragraph (d), a provision to indemnify and hold
45.19harmless the authorizer and its officers, agents, and employees from any suit, claim, or
45.20liability arising from any operation of the charter school, and the commissioner, and
45.21department officers, agents, and employees notwithstanding section 3.736;
the term of the initial
contract, which may be up to three years
for an initial
plus an additional preoperational planning year, and up to five years for a renewed
contract or a contract with a new authorizer after a transfer of authorizers,
if warranted by
the school's academic, financial, and operational performance;
how the board of directors or the operators of the charter school will
provide special instruction and services for children with a disability under sections
, a description of the financial parameters within
which the charter school will operate to provide the special instruction and services to
children with a disability;
the process and criteria the authorizer intends to use to monitor and
evaluate the fiscal and student performance of the charter school, consistent with
subdivision 15; and
the plan for an orderly closing of the school under chapter
if the closure is a termination for cause, a voluntary termination, or a nonrenewal of
the contract, and that includes establishing the responsibilities of the school board of
directors and the authorizer and notifying the commissioner, authorizer, school district in
which the charter school is located, and parents of enrolled students about the closure,
the transfer of student records to students' resident districts, and procedures for closing
Subd. 6a. Audit report.
(a) The charter school must submit an audit report to the
commissioner and its authorizer by December 31 each year.
(b) The charter school, with the assistance of the auditor conducting the audit, must
include with the report a copy of all charter school agreements for corporate management
services. If the entity that provides the professional services to the charter school is
exempt from taxation under section 501 of the Internal Revenue Code of 1986, that entity
must file with the commissioner by February 15 a copy of the annual return required under
section 6033 of the Internal Revenue Code of 1986.
(c) If the
commissioner receives an
that a material
weakness exists in the financial reporting systems of a charter school, the charter school
must submit a written report to the commissioner explaining how the material weakness
will be resolved. An auditor, as a condition of providing financial services to a charter
46.17school, must agree to make available information about a charter school's financial audit
46.18to the commissioner and authorizer upon request
Subd. 7. Public status; exemption from statutes and rules.
A charter school is
a public school and is part of the state's system of public education. A charter school is
exempt from all statutes and rules applicable to a school, school board, or school district
unless a statute or rule is made specifically applicable to a charter school or is included
in this section.
Subd. 8. Federal, state, and local requirements.
(a) A charter school shall meet all
federal, state, and local health and safety requirements applicable to school districts.
(b) A school must comply with statewide accountability requirements governing
standards and assessments in chapter 120B.
(c) A school authorized by a school board may be located in any district, unless the
school board of the district of the proposed location disapproves by written resolution.
(d) A charter school must be nonsectarian in its programs, admission policies,
employment practices, and all other operations. An authorizer may not authorize a charter
school or program that is affiliated with a nonpublic sectarian school or a religious
institution. A charter school student must be released for religious instruction, consistent
120A.22, subdivision 12
, clause (3).
(e) Charter schools must not be used as a method of providing education or
generating revenue for students who are being home-schooled.
(f) The primary focus of a charter school must be to provide a comprehensive
program of instruction for at least one grade or age group from five through 18 years
of age. Instruction may be provided to people younger than five years and older than
18 years of age.
(g) A charter school may not charge tuition.
(h) A charter school is subject to and must comply with chapter 363A and section
(i) A charter school is subject to and must comply with the Pupil Fair Dismissal
, and the Minnesota Public School Fee Law, sections
(j) A charter school is subject to the same financial audits, audit procedures, and
audit requirements as a district. Audits must be conducted in compliance with generally
accepted governmental auditing standards, the federal Single Audit Act, if applicable,
. A charter school is subject to and must comply with sections
. The audit must comply with the requirements of sections
except to the extent deviations are necessary because of the program at the school.
Deviations must be approved by the commissioner and authorizer. The Department of
Education, state auditor, legislative auditor, or authorizer may conduct financial, program,
or compliance audits. A charter school determined to be in statutory operating debt under
must submit a plan under section
123B.81, subdivision 4
(k) A charter school is a district for the purposes of tort liability under chapter 466.
(l) A charter school must comply with chapters 13 and 13D; and sections
, subdivisions 3 and 5.
(m) A charter school is subject to the Pledge of Allegiance requirement under
121A.11, subdivision 3
(n) A charter school offering online courses or programs must comply with section
(o) A charter school and charter school board of directors are subject to chapter 181.
(p) A charter school must comply with section
120A.22, subdivision 7
the transfer of students' educational records and sections
the management of local records.
(q) A charter school that provides early childhood health and developmental
screening must comply with sections
Subd. 8a. Aid reduction.
The commissioner may reduce a charter school's state aid
if the charter school board fails to correct a violation
under this section.
Subd. 8b. Aid reduction for violations.
The commissioner may reduce a charter
school's state aid by an amount not to exceed 60 percent of the charter school's basic
revenue for the period of time that a violation of law occurs.
Subd. 9. Admission requirements.
A charter school may limit admission to:
(1) pupils within an age group or grade level;
(2) pupils who are eligible to participate in the graduation incentives program under
(3) residents of a specific geographic area in which the school is located when the
majority of students served by the school are members of underserved populations.
A charter school shall enroll an eligible pupil who submits a timely application,
unless the number of applications exceeds the capacity of a program, class, grade level, or
building. In this case, pupils must be accepted by lot. The charter school must develop
and publish a lottery policy and process that it must use when accepting pupils by lot.
A charter school shall give enrollment
to a sibling of an
enrolled pupil and to a foster child of that pupil's parents and may give preference for
enrolling children of the school's
before accepting other pupils by lot.
A charter school may not limit admission to pupils on the basis of intellectual ability,
measures of achievement or aptitude, or athletic ability and may not establish any criteria
or requirements for admission that are inconsistent with this subdivision.
The charter school shall not distribute any services or goods of value to students,
parents, or guardians as an inducement, term, or condition of enrolling a student in a
Subd. 10. Pupil performance.
A charter school must design its programs to at
least meet the outcomes adopted by the commissioner for public school students. In
the absence of the commissioner's requirements, the school must meet the outcomes
contained in the contract with the authorizer. The achievement levels of the outcomes
contained in the contract may exceed the achievement levels of any outcomes adopted by
the commissioner for public school students.
Subd. 11. Employment and other operating matters.
(a) A charter school must
employ or contract with necessary teachers, as defined by section
122A.15, subdivision 1
who hold valid licenses to perform the particular service for which they are employed in
the school. The charter school's state aid may be reduced under section
school employs a teacher who is not appropriately licensed or approved by the board of
teaching. The school may employ necessary employees who are not required to hold
teaching licenses to perform duties other than teaching and may contract for other services.
The school may discharge teachers and nonlicensed employees. The charter school board
is subject to section
. When offering employment to a prospective employee, a
charter school must give that employee a written description of the terms and conditions
of employment and the school's personnel policies.
(b) A person, without holding a valid administrator's license, may perform
administrative, supervisory, or instructional leadership duties. The board of directors shall
establish qualifications for persons that hold administrative, supervisory, or instructional
leadership roles. The qualifications shall include at least the following areas: instruction
and assessment; human resource and personnel management; financial management;
legal and compliance management; effective communication; and board, authorizer, and
community relationships. The board of directors shall use those qualifications as the basis
for job descriptions, hiring, and performance evaluations of those who hold administrative,
supervisory, or instructional leadership roles. The board of directors and an individual
who does not hold a valid administrative license and who serves in an administrative,
supervisory, or instructional leadership position shall develop a professional development
plan. Documentation of the implementation of the professional development plan of these
persons shall be included in the school's annual report.
(c) The board of directors also shall decide matters related to the operation of the
school, including budgeting, curriculum and operating procedures.
Subd. 12. Pupils with a disability.
A charter school must comply with sections
and rules relating to the education of pupils
with a disability as though it were a district.
Subd. 13. Length of school year.
A charter school must provide instruction
each year for at least the number of days required by section
. It may provide
instruction throughout the year according to sections
Subd. 14. Annual public reports.
A charter school must publish an annual report
approved by the board of directors. The annual report must at least include information
on school enrollment, student attrition, governance and management, staffing, finances,
academic performance, operational performance, innovative practices and implementation,
and future plans. A charter school must distribute the annual report by publication, mail,
or electronic means to the commissioner, authorizer, school employees, and parents and
legal guardians of students enrolled in the charter school and must also post the report on
the charter school's official Web site. The reports are public data under chapter 13.
Subd. 15. Review and comment.
(a) The authorizer shall provide a formal written
evaluation of the school's performance before the authorizer renews the charter contract.
The department must review and comment on the authorizer's evaluation process at the
time the authorizer submits its application for approval and each time the authorizer
undergoes its five-year review under subdivision 3, paragraph (e).
(b) An authorizer shall monitor and evaluate the fiscal, operational, and student
performance of the school, and may for this purpose annually assess a charter school
a fee according to paragraph (c). The agreed-upon fee structure must be stated in the
charter school contract.
(c) The fee that each charter school pays to an authorizer each year is the greater of:
(1) the basic formula allowance for that year; or
(2) the lesser of:
(i) the maximum fee factor times the basic formula allowance for that year; or
(ii) the fee factor times the basic formula allowance for that year times the charter
school's adjusted marginal cost pupil units for that year. The fee factor equals .005 in fiscal
year 2010, .01 in fiscal year 2011, .013 in fiscal year 2012, and .015 in fiscal years 2013
and later. The maximum fee factor equals 1.5 in fiscal year 2010, 2.0 in fiscal year 2011,
3.0 in fiscal year 2012, and 4.0 in fiscal years 2013 and later.
(d) The department and any charter school it charters must not assess or pay a fee
under paragraphs (b) and (c).
(e) For the preoperational planning period, the authorizer may assess a charter school
a fee equal to the basic formula allowance.
(f) By September 30 of each year, an authorizer shall submit to the commissioner
a statement of expenditures related to chartering activities during the previous school
year ending June 30. A copy of the statement shall be given to all schools chartered by
Subd. 16. Transportation.
(a) A charter school after its first fiscal year of operation
by March 1 of each fiscal year and a charter school by July 1 of its first fiscal year of
operation must notify the district in which the school is located and the Department of
Education if it will provide its own transportation or use the transportation services of the
district in which it is located for the fiscal year.
(b) If a charter school elects to provide transportation for pupils, the transportation
must be provided by the charter school within the district in which the charter school is
located. The state must pay transportation aid to the charter school according to section
50.35124D.11, subdivision 2
For pupils who reside outside the district in which the charter school is located, the
charter school is not required to provide or pay for transportation between the pupil's
residence and the border of the district in which the charter school is located. A parent
may be reimbursed by the charter school for costs of transportation from the pupil's
residence to the border of the district in which the charter school is located if the pupil is
from a family whose income is at or below the poverty level, as determined by the federal
government. The reimbursement may not exceed the pupil's actual cost of transportation
or 15 cents per mile traveled, whichever is less. Reimbursement may not be paid for
more than 250 miles per week.
At the time a pupil enrolls in a charter school, the charter school must provide the
parent or guardian with information regarding the transportation.
(c) If a charter school does not elect to provide transportation, transportation for
pupils enrolled at the school must be provided by the district in which the school is
located, according to sections
123B.88, subdivision 6
124D.03, subdivision 8
, for a
pupil residing in the same district in which the charter school is located. Transportation
may be provided by the district in which the school is located, according to sections
51.17123B.88, subdivision 6
124D.03, subdivision 8
, for a pupil residing in a different
district. If the district provides the transportation, the scheduling of routes, manner and
method of transportation, control and discipline of the pupils, and any other matter relating
to the transportation of pupils under this paragraph shall be within the sole discretion,
control, and management of the district.
Subd. 17. Leased space.
A charter school may lease space from an independent
or special school board eligible to be an authorizer, other public organization, private,
nonprofit nonsectarian organization, private property owner, or a sectarian organization
if the leased space is constructed as a school facility. The department must review and
approve or disapprove leases in a timely manner.
Subd. 17a. Affiliated nonprofit building corporation.
(a) Before a charter school
may organize an affiliated nonprofit building corporation (i) to renovate or purchase an
existing facility to serve as a school or (ii) to construct a new school facility, an authorizer
must submit an affidavit to the commissioner for approval in the form and manner the
commissioner prescribes, and consistent with paragraphs (b) and (c) or (d).
(b) An affiliated nonprofit building corporation under this subdivision must:
(1) be incorporated under section 317A and comply with applicable Internal
Revenue Service regulations;
(2) submit to the commissioner each fiscal year a list of current board members
and a copy of its annual audit; and
(3) comply with government data practices law under chapter 13.
An affiliated nonprofit building corporation must not serve as the leasing agent for
property or facilities it does not own. A charter school that leases a facility from an
affiliated nonprofit building corporation that does not own the leased facility is ineligible
to receive charter school lease aid. The state is immune from liability resulting from a
contract between a charter school and an affiliated nonprofit building corporation.
(c) A charter school may organize an affiliated nonprofit building corporation to
renovate or purchase an existing facility to serve as a school if the charter school:
(1) has been operating for at least five consecutive school years
and the school's
52.10 charter has been renewed for a five-year term
(2) has had a net positive unreserved general fund balance as of June 30 in the
preceding five fiscal years;
(3) has a long-range strategic and financial plan;
(4) completes a feasibility study of available buildings; and
enrollment projections and the need to use an affiliated
building corporation to renovate or purchase an existing facility to serve as a school.
(d) A charter school may organize an affiliated nonprofit building corporation to
construct a new school facility if the charter school:
(1) demonstrates the lack of facilities available to serve as a school;
(2) has been operating for at least eight consecutive school years;
(3) has had a net positive unreserved general fund balance as of June 30 in the
preceding eight fiscal years;
(4) completes a feasibility study of facility options;
(5) has a long-range strategic and financial plan that includes
projections and demonstrates the need for constructing a new school facility; and
(6) has a positive review and comment from the commissioner under section
Subd. 19. Disseminate information.
(a) The authorizer, the operators, and the
department must disseminate information to the public on how to form and operate
a charter school. Charter schools must disseminate information about how to use
the offerings of a charter school. Targeted groups include low-income families and
communities, students of color, and students who are at risk of academic failure.
(b) Authorizers, operators, and the department also may disseminate information
about the successful best practices in teaching and learning demonstrated by charter
Subd. 20. Leave to teach in a charter school.
If a teacher employed by a district
makes a written request for an extended leave of absence to teach at a charter school,
the district must grant the leave. The district must grant a leave not to exceed a total of
five years. Any request to extend the leave shall be granted only at the discretion of the
school board. The district may require that the request for a leave or extension of leave
be made before February 1 in the school year preceding the school year in which the
teacher intends to leave, or February 1 of the calendar year in which the teacher's leave is
scheduled to terminate. Except as otherwise provided in this subdivision and except for
122A.46, subdivision 7
, the leave is governed by section
, including, but
not limited to, reinstatement, notice of intention to return, seniority, salary, and insurance.
During a leave, the teacher may continue to aggregate benefits and credits in the
Teachers' Retirement Association account under chapters 354 and 354A, consistent with
Subd. 21. Collective bargaining.
Employees of the board of directors of a charter
school may, if otherwise eligible, organize under chapter 179A and comply with its
provisions. The board of directors of a charter school is a public employer, for the
purposes of chapter 179A, upon formation of one or more bargaining units at the school.
Bargaining units at the school must be separate from any other units within an authorizing
district, except that bargaining units may remain part of the appropriate unit within an
authorizing district, if the employees of the school, the board of directors of the school,
the exclusive representative of the appropriate unit in the authorizing district, and the
board of the authorizing district agree to include the employees in the appropriate unit of
the authorizing district.
Subd. 22. Teacher and other employee retirement.
(a) Teachers in a charter
school must be public school teachers for the purposes of chapters 354 and 354a.
(b) Except for teachers under paragraph (a), employees in a charter school must be
public employees for the purposes of chapter 353.
Subd. 23. Causes for nonrenewal or termination of charter school contract.
The duration of the contract with an authorizer must be for the term contained in the
contract according to subdivision 6. The authorizer may or may not renew a contract at
the end of the term for any ground listed in paragraph (b). An authorizer may unilaterally
terminate a contract during the term of the contract for any ground listed in paragraph (b).
At least 60 business
days before not renewing or terminating a contract, the authorizer
shall notify the board of directors of the charter school of the proposed action in writing.
The notice shall state the grounds for the proposed action in reasonable detail and that the
charter school's board of directors may request in writing an informal hearing before the
authorizer within 15 business days of receiving notice of nonrenewal or termination of
the contract. Failure by the board of directors to make a written request for
a an informal
hearing within the 15-business-day period shall be treated as acquiescence to the proposed
action. Upon receiving a timely written request for a hearing, the authorizer shall give ten
business days' notice to the charter school's board of directors of the hearing date. The
authorizer shall conduct an informal hearing before taking final action. The authorizer
shall take final action to renew or not renew a contract no later than 20 business days
before the proposed date for terminating the contract or the end date of the contract.
(b) A contract may be terminated or not renewed upon any of the following grounds:
(1) failure to meet the requirements for pupil performance contained in the contract;
(2) failure to meet generally accepted standards of fiscal management;
(3) violations of law; or
(4) other good cause shown.
If a contract is terminated or not renewed under this paragraph, the school must be
dissolved according to the applicable provisions of chapter
(c) If the authorizer and the charter school board of directors mutually agree to
terminate or not renew the contract, a
change in transfer of
authorizers is allowed if the
commissioner approves the transfer to a different eligible authorizer to authorize the
charter school. Both parties must jointly submit their intent in writing to the commissioner
to mutually terminate the contract. The authorizer that is a party to the existing contract
must inform the
approved different eligible proposed
authorizer about the fiscal
and operational status and student performance of the school. Before the commissioner
determines whether to approve a transfer of authorizer, the
commissioner first proposed
determine whether the charter school and prospective new authorizer can
54.25 identify and effectively resolve those circumstances causing the previous authorizer and
54.26 the charter school to mutually agree to terminate the contract identify any outstanding
54.27issues in the proposed charter contract that were unresolved in the previous charter
54.28contract and have the charter school agree to resolve those issues
. If no transfer of
authorizer is approved, the school must be dissolved according to applicable law and
the terms of the contract.
(d) The commissioner, after providing reasonable notice to the board of directors of
a charter school and the existing authorizer, and after providing an opportunity for a public
hearing, may terminate the existing contract between the authorizer and the charter school
board if the charter school has a history of:
(1) failure to meet pupil performance requirements
contained in the contract
54.36consistent with state law
(2) financial mismanagement or failure to meet generally accepted standards of
fiscal management; or
(3) repeated or major violations of the law.
(e) If the commissioner terminates a charter school contract under subdivision 3,
55.5 paragraph (g), the commissioner shall provide the charter school with information about
55.6 other eligible authorizers.
Subd. 23a. Related party lease costs.
(a) A charter school is prohibited from
entering a lease of real property with a related party unless the lessor is a nonprofit
corporation under chapter 317A or a cooperative under chapter 308A, and the lease cost is
reasonable under section
124D.11, subdivision 4
, clause (1).
(b) For purposes of this section and section
(1) "related party" means an affiliate or immediate relative of the other party in
question, an affiliate of an immediate relative, or an immediate relative of an affiliate;
(2) "affiliate" means a person that directly or indirectly, through one or more
intermediaries, controls, is controlled by, or is under common control with another person;
(3) "immediate family" means an individual whose relationship by blood, marriage,
adoption, or partnering is no more remote than first cousin;
(4) "person" means an individual or entity of any kind; and
(5) "control" means the ability to affect the management, operations, or policy
actions or decisions of a person, whether through ownership of voting securities, by
contract, or otherwise.
(c) A lease of real property to be used for a charter school, not excluded in paragraph
(a), must contain the following statement: "This lease is subject to Minnesota Statutes,
124D.10, subdivision 23a
(d) If a charter school enters into as lessee a lease with a related party and the
charter school subsequently closes, the commissioner has the right to recover from the
lessor any lease payments in excess of those that are reasonable under section
, clause (1).
Subd. 24. Pupil enrollment upon nonrenewal or termination of charter school
If a contract is not renewed or is terminated according to subdivision 23, a
pupil who attended the school, siblings of the pupil, or another pupil who resides in the
same place as the pupil may enroll in the resident district or may submit an application
to a nonresident district according to section
at any time. Applications and
notices required by section
must be processed and provided in a prompt manner.
The application and notice deadlines in section
do not apply under these
circumstances. The closed charter school must transfer the student's educational records
within ten business days of closure to the student's school district of residence where the
records must be retained or transferred under section
120A.22, subdivision 7
Subd. 25. Extent of specific legal authority.
(a) The board of directors of a charter
school may sue and be sued.
(b) The board may not levy taxes or issue bonds.
(c) The commissioner, an authorizer, members of the board of an authorizer in
their official capacity, and employees of an authorizer are immune from civil or criminal
liability with respect to all activities related to a charter school they approve or authorize.
The board of directors shall obtain at least the amount of and types of insurance up to the
applicable tort liability limits under chapter 466. The charter school board must submit
a copy of the insurance policy to its authorizer and the commissioner before starting
operations. The charter school board must submit changes in its insurance carrier or policy
to its authorizer and the commissioner within 20 business days of the change.
56.14(d) Notwithstanding section 3.736, the charter school shall assume full liability
56.15for its activities and indemnify and hold harmless the commissioner and the authorizer,
56.16and the officers, agents, and employees of the department and authorizer from any suit,
56.17claim, or liability arising from any operation of the charter school. A charter school is not
56.18required to indemnify or hold harmless a state employee if the state would not be required
56.19to indemnify and hold the employee harmless under section 3.736, subdivision 9.
Sec. 29. Minnesota Statutes 2010, section 124D.11, subdivision 9, is amended to read:
Subd. 9. Payment of aids to charter schools.
(a) Notwithstanding section
, aid payments for the current fiscal year to a charter school shall be of an
equal amount on each of the 24 payment dates.
(b) Notwithstanding paragraph (a) and section
, for a charter school ceasing
operation on or prior to June 30 of a school year, for the payment periods occurring after
the school ceases serving students, the commissioner shall withhold the estimated state aid
owed the school. The charter school board of directors and authorizer must submit to the
commissioner a closure plan under chapter 308A or 317A, and financial information about
the school's liabilities and assets. After receiving the closure plan, financial information,
an audit of pupil counts, documentation of lease expenditures, and monitoring of special
education expenditures, the commissioner may release cash withheld and may continue
regular payments up to the current year payment percentages if further amounts are
owed. If, based on audits and monitoring, the school received state aid in excess of the
amount owed, the commissioner shall retain aid withheld sufficient to eliminate the aid
overpayment. For a charter school ceasing operations prior to, or at the end of, a school
year, notwithstanding section
, subdivision 3, preliminary final payments may
be made after receiving the closure plan, audit of pupil counts, monitoring of special
education expenditures, documentation of lease expenditures, and school submission of
Uniform Financial Accounting and Reporting Standards (UFARS) financial data for the
final year of operation. Final payment may be made upon receipt of audited financial
statements under section
, subdivision 3.
(c) If a charter school fails to comply with the commissioner's directive to return,
for cause, federal or state funds administered by the department, the commissioner may
withhold an amount of state aid sufficient to satisfy the directive.
(d) If, within the timeline under section
, a charter school fails to pay the state
of Minnesota, a school district, intermediate school district, or service cooperative after
receiving an undisputed invoice for goods and services, the commissioner may withhold
an amount of state aid sufficient to satisfy the claim and shall distribute the withheld
aid to the interested state agency, school district, intermediate school district, or service
cooperative. An interested state agency, school district, intermediate school district, or
education cooperative shall notify the commissioner when a charter school fails to pay an
undisputed invoice within 75 business days of when it received the original invoice.
(e) Notwithstanding section
127A.45, subdivision 3
, and paragraph (a), 80 percent
of the start-up cost aid under subdivision 8 shall be paid within 45 days after the first day
of student attendance for that school year.
(f) In order to receive state aid payments under this subdivision, a charter school in
its first three years of operation must submit a school calendar in the form and manner
requested by the department and a quarterly report to the Department of Education. The
report must list each student by grade, show the student's start and end dates, if any,
with the charter school, and for any student participating in a learning year program,
the report must list the hours and times of learning year activities. The report must be
submitted not more than two weeks after the end of the calendar quarter to the department.
The department must develop a Web-based reporting form for charter schools to use
when submitting enrollment reports. A charter school in its fourth and subsequent year of
operation must submit a school calendar and enrollment information to the department in
the form and manner requested by the department.
(g) Notwithstanding sections
, upon closure of a charter
school and satisfaction of creditors, cash and investment balances remaining shall be
returned to the state.
58.1(h) A charter school must have a valid, signed contract under section 124D.10,
58.2subdivision 6, on file at the Department of Education at least 15 days prior to the date of
58.3first payment of state aid for the fiscal year.
58.4(i) State aid entitlements shall be computed for a charter school only for the
58.5portion of a school year for which it has a valid, signed contract under section 124D.10,
Sec. 30. Minnesota Statutes 2010, section 124D.19, subdivision 3, is amended to read:
Subd. 3. Community education director.
(a) Except as provided under paragraphs
(b) and (c), each board shall employ a licensed community education director. The board
shall submit the name of the person who is serving as director of community education
under this section on the district's annual community education report to the commissioner.
(b) A board may apply to the Minnesota Board of School Administrators under
Minnesota Rules, part 3512.3500, subpart 9, for authority to use an individual who is not
licensed as a community education director.
(c) A board of a district with a total population of
or less may identify
an employee who holds a valid
Minnesota principal or
superintendent license under
Minnesota Rules, chapter 3512, to serve as director of community education. To be
eligible for an exception under this paragraph, the board shall certify in writing to the
commissioner that the district has not placed a licensed director of community education
on unrequested leave. A principal serving as a community education director under this
58.21paragraph on June 1, 2011, may continue to serve in that capacity.
Sec. 31. Minnesota Statutes 2010, section 124D.36, is amended to read:
MINNESOTA YOUTHWORKS SERVEMINNESOTA
shall be cited as the "
Sec. 32. Minnesota Statutes 2010, section 124D.37, is amended to read:
58.28124D.37 PURPOSE OF
MINNESOTA YOUTHWORKS SERVEMINNESOTA
The purposes of sections
(1) renew the ethic of civic responsibility in Minnesota;
(2) empower youth to improve their life opportunities through literacy, job
placement, and other essential skills;
(3) empower government to meet its responsibility to prepare young people to be
contributing members of society;
(4) help meet human, educational, environmental, and public safety needs,
particularly those needs relating to poverty;
(5) prepare a citizenry that is academically competent, ready for work, and socially
(6) demonstrate the connection between youth and community service, community
service and education, and education and meaningful opportunities in the business
(7) demonstrate the connection between providing opportunities for at-risk youth
and reducing crime rates and the social costs of troubled youth;
(8) create linkages for a comprehensive youth service and learning program in
Minnesota including school age programs, higher education programs, youth work
programs, and service corps programs; and
(9) coordinate federal and state activities that advance the purposes in this section.
Sec. 33. Minnesota Statutes 2010, section 124D.38, subdivision 3, is amended to read:
Subd. 3. Federal law.
"Federal law" means Public Law
amended, or any other federal law or program assisting youth community service,
work-based learning, or youth transition from school to work.
Sec. 34. Minnesota Statutes 2010, section 124D.385, subdivision 3, is amended to read:
Subd. 3. Duties.
(a) The commission shall:
(1) develop, with the assistance of the governor, the commissioner of education, and
affected state agencies, a comprehensive state plan to provide services under sections
and federal law;
(2) actively pursue public and private funding sources for services, including
funding available under federal law;
(3) administer the
Youthworks ServeMinnesota Innovation
grant program under
, including soliciting and approving grant applications from
eligible organizations, and administering individual postservice benefits;
(4) establish an evaluation plan for programs developed and services provided
(5) report to the governor, commissioner of education, and legislature; and
(6) administer the federal AmeriCorps Program.
(b) Nothing in sections
precludes an organization from
independently seeking public or private funding to accomplish purposes similar to those
described in paragraph (a).
Sec. 35. Minnesota Statutes 2010, section 124D.39, is amended to read:
YOUTHWORKS SERVEMINNESOTA INNOVATION PROGRAM.
Youthworks ServeMinnesota Innovation
program is established to provide
60.7funding for the commission to leverage federal and private funding
to fulfill the purposes
Youthworks ServeMinnesota Innovation
supplement existing programs and services. The program must not displace existing
programs and services, existing funding of programs or services, or existing employment
and employment opportunities. No eligible organization may terminate, layoff, or reduce
the hours of work of an employee to place or hire a program participant. No eligible
organization may place or hire an individual for a project if an employee is on layoff from
the same or a substantially equivalent position.
Sec. 36. Minnesota Statutes 2010, section 124D.40, is amended to read:
YOUTHWORKS SERVEMINNESOTA INNOVATION GRANTS.
Subdivision 1. Application.
An eligible organization interested in receiving a
grant under sections
may prepare and submit an application to the
commission. As part of the grant application process, the commission must establish
60.20and publish grant application guidelines that: (1) are consistent with this subdivision,
60.21section 124D.37, and Public Law 111-13; (2) include criteria for reviewing an applicant's
60.22cost-benefit analysis; and (3) require grantees to use research-based measures of program
60.23outcomes to generate valid and reliable data that are available to the commission for
60.24evaluation and public reporting purposes.
Subd. 2. Grant authority.
The commission must use any state appropriation and
any available federal funds, including any grant received under federal law, to award
grants to establish programs for
Youthworks ServeMinnesota Innovation
. At least one
grant each must be available for a metropolitan proposal, a rural proposal, and a statewide
proposal. If a portion of the suburban metropolitan area is not included in the metropolitan
grant proposal, the statewide grant proposal must incorporate at least one suburban
metropolitan area. In awarding grants, the commission may select at least one residential
proposal and one nonresidential proposal.
Sec. 37. Minnesota Statutes 2010, section 124D.42, subdivision 6, is amended to read:
Subd. 6. Program training.
The commission must, within available resources:
(1) orient each grantee organization in the nature, philosophy, and purpose of the
(2) build an ethic of community service through general community service
61.6 (3) provide guidance on integrating performance-based measurement into program
Sec. 38. Minnesota Statutes 2010, section 124D.42, subdivision 8, is amended to read:
Subd. 8. Minnesota reading corps program.
(a) A Minnesota reading corps
program is established to provide
Americorps ServeMinnesota Innovation
members with a
data-based problem-solving model of literacy instruction to use in helping to train local
Head Start program providers, other prekindergarten program providers, and staff in
schools with students in kindergarten through grade 3 to evaluate and teach early literacy
skills to children age 3 to grade 3.
(b) Literacy programs under this subdivision must comply with the provisions
governing literacy program goals and data use under section
119A.50, subdivision 3
61.18 (c) The commission must submit a biennial report to the legislature that records
61.19and evaluates literacy program data to determine the efficacy of the programs under this
Sec. 39. Minnesota Statutes 2010, section 124D.44, is amended to read:
61.22124D.44 MATCH REQUIREMENTS.
Youthworks ServeMinnesota Innovation
grant funds must be used for the living
allowance, cost of employer taxes under sections 3111 and 3301 of the Internal Revenue
Code of 1986, workers' compensation coverage, health benefits, training, and evaluation
for each program participant, and administrative expenses, which must not exceed
percent of total program costs.
Youthworks grant funds may also be used to
61.28 supplement applicant resources to fund postservice benefits for program participants.
Applicant resources, from sources and in a form determined by the commission, must
be used to provide for all other program costs
, including the portion of the applicant's
61.31 obligation for postservice benefits that is not covered by state or federal grant funds and
61.32 such costs as supplies, materials, transportation, and salaries and benefits of those staff
61.33 directly involved in the operation, internal monitoring, and evaluation of the program
Sec. 40. Minnesota Statutes 2010, section 124D.45, subdivision 2, is amended to read:
Subd. 2. Interim report.
The commission must report
legislature with interim recommendations to change the program.
Sec. 41. Minnesota Statutes 2010, section 124D.52, subdivision 7, is amended to read:
Subd. 7. Performance tracking system.
(a) By July 1, 2000, each approved adult
basic education program must develop and implement a performance tracking system to
provide information necessary to comply with federal law and serve as one means of
assessing the effectiveness of adult basic education programs. For required reporting,
62.9longitudinal studies, and program improvement,
the tracking system must be designed to
collect data on the following core outcomes for learners who have completed
in the adult basic education program:
(1) demonstrated improvements in literacy skill levels in reading, writing, speaking
the English language, numeracy, problem solving, English language acquisition, and
other literacy skills;
(2) placement in, retention in, or completion of postsecondary education, training,
unsubsidized employment, or career advancement;
(3) receipt of a secondary school diploma or its recognized equivalent; and
62.18 (4) reduction in participation in the diversionary work program, Minnesota family
62.19investment program, and food support education and training program
(b) A district, group of districts, state agency, or private nonprofit organization
providing an adult basic education program may meet this requirement by developing a
tracking system based on either or both of the following methodologies:
(1) conducting a reliable follow-up survey; or
(2) submitting student information, including Social Security numbers for data
Data related to obtaining employment must be collected in the first quarter following
program completion or can be collected while the student is enrolled, if known. Data
related to employment retention must be collected in the third quarter following program
exit. Data related to any other specified outcome may be collected at any time during a
(c) When a student in a program is requested to provide the student's Social Security
number, the student must be notified in a written form easily understandable to the student
(1) providing the Social Security number is optional and no adverse action may be
taken against the student if the student chooses not to provide the Social Security number;
(2) the request is made under section
124D.52, subdivision 7
(3) if the student provides the Social Security number, it will be used to assess the
effectiveness of the program by tracking the student's subsequent career; and
(4) the Social Security number will be shared with the Department of Education;
Minnesota State Colleges and Universities; Office of Higher Education; Department of
Department of Employment and Economic Development in
order to accomplish the purposes
of this section described in paragraph (a)
and will not be
used for any other purpose or reported to any other governmental entities.
(d) Annually a district, group of districts, state agency, or private nonprofit
organization providing programs under this section must forward the tracking data
collected to the Department of Education. For the purposes of longitudinal studies on the
employment status of former students under this section, the Department of Education
must forward the Social Security numbers to the Department of Employment and
Economic Development to electronically match the Social Security numbers of former
students with wage detail reports filed under section
. The results of data matches
must, for purposes of this section and consistent with the requirements of the United
States Code, title 29, section 2871, of the Workforce Investment Act of 1998, be compiled
in a longitudinal form by the Department of Employment and Economic Development
and released to the Department of Education in the form of summary data that does not
identify the individual students. The Department of Education may release this summary
data. State funding for adult basic education programs must not be based on the number or
percentage of students who decline to provide their Social Security numbers or on whether
the program is evaluated by means of a follow-up survey instead of data matching.
63.24EFFECTIVE DATE.This section is effective the day following final enactment
63.25and applies through the 2020-2021 school year.
Sec. 42. Minnesota Statutes 2010, 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
(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
, the student is working toward a homeschool diploma,
the student's status
64.4 as a homeschool student has been certified by the superintendent of the school district in
64.5 which the student resides, and
the student is taking home-classroom driver training with
classroom materials approved by the commissioner of public safety, and the student's
64.7parent has certified the student's homeschool and home-classroom driver training status on
64.8the form approved by the commissioner
(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
(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, (v) the foster parent or the director of the transitional living program in which the
child resides 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 (vi) 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) For the purposes of determining compliance with the certification in paragraph
64.26(a), clause (1), item (ii), the commissioner may request verification of a student's
64.27homeschool status from the superintendent of the school district in which the student
64.28resides, and the superintendent shall provide that verification.
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 2010, 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
(2) a violation of section
(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
, in the event of a motor vehicle accident, resulting in the death or personal injury
(5) perjury or the making of a false affidavit or statement to the department under
any law relating to the application,
or operation of a motor vehicle, including
65.10on the certification required under section 171.05, subdivision 2, paragraph (a), clause (1),
65.11item (ii), to issue an instruction permit to a homeschool student
(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
169.444, subdivision 2
, paragraph (a);
(8) the gross misdemeanor offense described in section
169.444, subdivision 2
(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
(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
169.443, subdivision 7
Sec. 44. Minnesota Statutes 2010, 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
(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;
(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; or
66.16 (10) to submit a false affidavit or statement to the department on the certification
66.17required under section 171.05, subdivision 2, paragraph (a), clause (1), item (ii), to issue
66.18an instruction permit to a homeschool student
Sec. 45. Laws 2011, chapter 5, section 1, the effective date, is amended to read:
This section is effective the day following final enactment
and applies to individuals who complete a teacher preparation program
by the end of
66.22beginning no later than
the 2013-2014 school year
. The Board of Teaching shall
66.23submit to the kindergarten through grade 12 education finance and reform committees
66.24of the legislature by April 1, 2012, a progress report on its implementation of teacher
66.25performance assessment under paragraph (d).
Sec. 46. IMPLEMENTING A PERFORMANCE-BASED EVALUATION
66.27SYSTEM FOR PRINCIPALS.
66.28 (a) To implement the requirements of Minnesota Statutes, sections 123B.143,
66.29subdivision 1, clause (3), and 123B.147, subdivision 3, paragraph (b), the commissioner of
66.30education, the Minnesota Association of Secondary School Principals, and the Minnesota
66.31Association of Elementary School Principals must convene a group of recognized and
66.32qualified experts and interested stakeholders, including principals, superintendents,
66.33teachers, school board members, and parents, among other stakeholders, to develop a
67.1performance-based system model for annually evaluating school principals. In developing
67.2the system model, the group must at least consider how principals develop and maintain:
67.3 (1) high standards for student performance;
67.4 (2) rigorous curriculum;
67.5 (3) quality instruction;
67.6 (4) a culture of learning and professional behavior;
67.7 (5) connections to external communities;
67.8 (6) systemic performance accountability; and
67.9 (7) leadership behaviors that create effective schools and improve school
67.10performance, including how to plan for, implement, support, advocate for, communicate
67.11about, and monitor continuous and improved learning.
67.12 The group also may consider whether to establish a multitiered evaluation system
67.13that supports newly licensed principals in becoming highly skilled school leaders and
67.14provides opportunities for advanced learning for more experienced school leaders.
67.15 (b) The commissioner, the Minnesota Association of Secondary School Principals,
67.16and the Minnesota Association of Elementary School Principals must submit a
67.17written report and all the group's working papers to the education committees of the
67.18legislature by February 1, 2012, discussing the group's responses to paragraph (a) and its
67.19recommendations for a performance-based system model for annually evaluating school
67.20principals. The group convened under this section expires June 1, 2012.
67.21EFFECTIVE DATE.This section is effective the day following final enactment
67.22and applies to principal evaluations beginning in the 2013-2014 school year and later.
Sec. 47. SCHOOL DISTRICTS' JOINT OPERATION AND INNOVATIVE
67.24DELIVERY OF EDUCATION; PILOT PROJECT.
67.25 Subdivision 1. Establishment; requirements for participation. (a) A four-year
67.26pilot project is established to allow groups of school districts to pursue benefits of operating
67.27jointly to deliver innovative education programs and activities and share resources.
67.28 (b) To participate in this pilot project, a group of three or more school districts,
67.29after consulting with affected employees, must form a joint partnership to share elements
67.30common to all the partners in providing innovative delivery of educational programs and
67.31activities and sharing resources. The member districts of a joint partnership selected by
67.32the commissioner may elect to admit another district at any time during the pilot project.
67.33 (c) A partnership under paragraph (b) interested in participating in this pilot project
67.34must apply to the commissioner of education in the form and manner the commissioner
68.1prescribes, consistent with subdivision 2. When submitting its application, each
68.2participating school district in each partnership also must submit to the commissioner:
68.3 (1) a formally adopted school board agreement identifying the specific joint use
68.4opportunities the participating district intends to pursue as part of the joint partnership; and
68.5 (2) a binding and specific plan for a minimum of two years and a maximum of four
68.6years to provide innovative delivery of educational programs and activities and to share
68.7resources, consistent with this paragraph.
68.8 A participating district's plan under clause (2) must describe its educational
68.9objectives and processes for seeking advice and collaboration and managing the project;
68.10its budget arrangements that include regular reviews of expenditures; its administrative
68.11structures for implementing and evaluating the plan; and any other applicable conditions,
68.12regulations, responsibilities, duties, provisions, fee schedules, or legal considerations
68.13needed to implement its plan.
68.14 (d) The member districts of the joint partnership must comply with Minnesota
68.15Statutes, section 124D.10, subdivision 8, and are otherwise exempt from all statutes and
68.16rules applicable to a school, school board, or school district unless a statute or rule is made
68.17specifically applicable to a school under Minnesota Statutes, section 124D.10.
68.18 (e) Notwithstanding paragraph (d), a school district that participates in the pilot
68.19project under this section shall continue to receive revenue and maintain its taxation
68.20authority as if it were a school district and not participating in the pilot project.
68.21 (f) Notwithstanding paragraph (d), a school district that participates in the pilot
68.22project under this section shall continue to be organized and governed by an elected school
68.23board with the general powers under Minnesota Statutes, section 123B.02, as if it were a
68.24school district and not participating in the pilot project.
68.25 Subd. 2. Role of the commissioner. The commissioner, using available department
68.26resources and staff, may select up to three applicants under subdivision 1, paragraph
68.27(b), from throughout the state to participate in this pilot project. The commissioner may
68.28consider and select only those applicants that the commissioner determines have fully
68.29complied with the requirements in subdivision 1.
68.30 Subd. 3. Pilot project evaluation. The commissioner must gather and evaluate data
68.31on the measurable success of the joint partnerships in delivering innovative education
68.32programs and activities and sharing resources. The commissioner must use the data to
68.33develop and submit to the education policy and finance committees of the legislature by
68.34February 1, 2016, a report evaluating the success of this pilot project and recommend
68.35whether or not to continue or expand the pilot project.
69.1EFFECTIVE DATE.This section is effective the day following final enactment
69.2and applies to the 2011-2012 through 2014-2015 school year.
Sec. 48. 90-DAY GOOD FAITH EFFORT EXCEPTION.
69.4Notwithstanding Minnesota Statutes, section 128C.07, subdivision 3, or other law
69.5to the contrary, the Minnesota State High School League must work with Albany Senior
69.6High in Independent School District No. 745, Albany, Melrose Secondary School in
69.7Independent School District No. 740, Melrose, and New London-Spicer Senior High in
69.8Independent School District No. 345, New London-Spicer, to help each school arrange an
69.9interscholastic conference membership after a 90-day good faith attempt by the school to
69.10join a conference.
69.11EFFECTIVE DATE.This section is effective the day following final enactment
69.12and applies through December 31, 2011.
Sec. 49. ENGLISH LANGUAGE PROFICIENCY STANDARDS.
69.14 Subdivision 1. Standards. The Department of Education shall adopt, as statewide
69.15standards, English language proficiency standards for instruction of students identified as
69.16limited English proficient under Minnesota Statutes, sections 124D.58 to 124D.64.
69.17 Subd. 2. Adoption. Notwithstanding Minnesota Statutes, chapter 14, and sections
69.1814.386, 120B.02, 120B.021, and 120B.023, the commissioner of education shall adopt
69.19the most recent English language proficiency standards for English learners developed
69.20by World-Class Instructional Design and Assessment in kindergarten through grade 12.
69.21These standards shall be adopted as permanent rules when:
69.22(1) the revisor of statutes approves the form of the rule by certificate;
69.23(2) the commissioner signs an order adopting the rule; and
69.24(3) a copy of the rule is published by the department in the State Register.
Sec. 50. REPEALER.
69.26Minnesota Statutes 2010, sections 120A.26, subdivisions 1 and 2; and 124D.38,
69.27subdivisions 4, 5, and 6, are repealed.
Section 1. Minnesota Statutes 2010, section 125A.02, subdivision 1, is amended to
Subdivision 1. Child with a disability.
"Child with a disability" means a child
identified under federal and state special education law as
having a hearing impairment,
70.3 blindness, visual disability, deaf or hard-of-hearing, blind or visually impaired, deafblind,
70.4or having a
speech or language impairment, a
, other health
mental developmental cognitive
70.6emotional or behavioral
disorder, specific learning disability, autism spectrum disorder
traumatic brain injury, or severe
or deafblind disability
who needs special education and related services, as determined by the rules of the
, 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.
70.13EFFECTIVE DATE.This section is effective July 1, 2011.
Sec. 2. Minnesota Statutes 2010, section 125A.0942, subdivision 3, is amended to read:
Subd. 3. Physical holding or seclusion.
Physical holding or seclusion may be used
only in an emergency. A school that uses physical holding or seclusion shall meet the
(1) the physical holding or seclusion must be the least intrusive intervention that
effectively responds to the emergency;
(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;
(3) staff must directly observe the child while physical holding or seclusion is being
(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:
(i) a description of the incident that led to the physical holding or seclusion;
(ii) why a less restrictive measure failed or was determined by staff to be
inappropriate or impractical;
(iii) the time the physical holding or seclusion began and the time the child was
(iv) a brief record of the child's behavioral and physical status;
(5) the room used for seclusion must:
(i) be at least six feet by five feet;
(ii) be well lit, well ventilated, adequately heated, and clean;
(iii) have a window that allows staff to directly observe a child in seclusion;
(iv) have tamperproof fixtures, electrical switches located immediately outside the
door, and secure ceilings;
(v) have doors that open out and are unlocked, locked with keyless locks that
have immediate release mechanisms, or locked with locks that have immediate release
mechanisms connected with a fire and emergency system; and
(vi) not contain objects that a child may use to injure the child or others;
(6) before using a room for seclusion, a school must:
(i) receive written notice from local authorities that the room and the locking
mechanisms comply with applicable building, fire, and safety codes; and
(ii) register the room with the commissioner, who may view that room; and
71.12(7) until August 1, 2012, a school district may use prone restraints under the
71.14(i) a district has provided to the department a list of staff who have had specific
71.15training on the use of prone restraints;
71.16(ii) a district provides information on the type of training that was provided and
71.18(iii) prone restraints may only be used by staff who have received specific training;
71.19(iv) each incident of the use of prone restraints is reported to the department within
71.20five working days on a form provided by the department or on a district's restrictive
71.21procedure documentation form; and
71.22(v) a district, prior to using prone restraints, must review any known medical or
71.23psychological limitations that contraindicate the use of prone restraints.
71.24The department will report back to the chairs and ranking minority members of the
71.25legislative committees with primary jurisdiction over education policy by February 1,
71.262012, on the use of prone restraints in the schools
Sec. 3. Minnesota Statutes 2010, section 125A.15, is amended to read:
71.28125A.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
(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
71.34 if neither parent nor guardian is living within the state
. If there is a dispute between
72.1school districts regarding residency, the district of residence is the district designated by
(b) 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.
(c) 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 program and an appropriate educational
program for the child. 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. Transportation shall only be provided by the resident district
during regular operating hours of the resident district. The resident 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.
(d) 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
, except as
provided in paragraph (e). 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.
(e) 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 (d) applies.
(f) 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.
Sec. 4. Minnesota Statutes 2010, section 125A.51, is amended to read:
73.14125A.51 PLACEMENT OF CHILDREN WITHOUT DISABILITIES;
73.15EDUCATION 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. If there is a dispute between school districts regarding
73.22residency, the district of residence is the district designated by the commissioner
(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. 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.
(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 care and treatment program for the pupil. 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. Transportation shall
only be provided by the resident district during regular operating hours of the resident
district. The resident 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
, 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
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.
Sec. 5. REPEALER.
75.4Minnesota Statutes 2010, section 125A.54, is repealed.
75.6FACILITIES AND TECHNOLOGY
Section 1. Minnesota Statutes 2010, section 123B.57, is amended to read:
75.8123B.57 CAPITAL EXPENDITURE; HEALTH AND SAFETY.
Subdivision 1. Health and safety
program revenue application.
(a) To receive
health and safety revenue for any fiscal year a district must submit to the commissioner
an a capital expenditure health and safety revenue
for aid and levy
date determined by the commissioner.
The application may be for hazardous substance
75.13 removal, fire and life safety code repairs, labor and industry regulated facility and
75.14 equipment violations, and health, safety, and environmental management, including
75.15 indoor air quality management.
The application must include a health and safety
adopted and confirmed
by the school district board as being consistent with the
75.17district's health and safety policy under subdivision 2
the estimated cost
, per building,
of the program per Uniform Financial Accounting and
75.19Reporting Standards (UFARS) finance code,
by fiscal year. Upon approval through the
adoption of a resolution by each of an intermediate district's member school district
boards and the approval of the Department of Education, a school district may include
its proportionate share of the costs of health and safety projects for an intermediate
district in its application.
(b) Health and safety projects with an estimated cost of $500,000 or more per
site are not eligible for health and safety revenue. Health and safety projects with an
estimated cost of $500,000 or more per site that meet all other requirements for health and
safety funding, are eligible for alternative facilities bonding and levy revenue according
. A school board shall not separate portions of a single project into
components to qualify for health and safety revenue, and shall not combine unrelated
projects into a single project to qualify for alternative facilities bonding and levy revenue.
75.31(c) The commissioner of education shall not make eligibility for health and safety
75.32revenue contingent on a district's compliance status, level of program development, or
76.1training. The commissioner shall not mandate additional performance criteria such as
76.2training, certifications, or compliance evaluations as a prerequisite for levy approval.
Contents of program Health and safety policy. To qualify for health
76.4and safety revenue,
district school board
must adopt a health and safety
plans, where applicable, for hazardous substance
76.6 removal, fire and life safety code repairs, regulated facility and equipment violations,
76.7 and provisions for implementing a health and safety program that complies with
safety, and environmental
management, regulations and best practices
air quality management.
(a) A hazardous substance plan must contain provisions for the removal or
76.11 encapsulation of asbestos from school buildings or property, asbestos-related repairs,
76.12 cleanup and disposal of polychlorinated biphenyls found in school buildings or property,
76.13 and cleanup, removal, disposal, and repairs related to storing heating fuel or transportation
76.14 fuels such as alcohol, gasoline, fuel, oil, and special fuel, as defined in section
76.15 If a district has already developed a plan for the removal or encapsulation of asbestos as
76.16 required by the federal Asbestos Hazard Emergency Response Act of 1986, the district
76.17 may use a summary of that plan, which includes a description and schedule of response
76.18 actions, for purposes of this section. The plan must also contain provisions to make
76.19 modifications to existing facilities and equipment necessary to limit personal exposure
76.20 to hazardous substances, as regulated by the federal Occupational Safety and Health
76.21 Administration under Code of Federal Regulations, title 29, part 1910, subpart Z; or is
76.22 determined by the commissioner to present a significant risk to district staff or student
76.23 health and safety as a result of foreseeable use, handling, accidental spill, exposure, or
76.25 (b) A fire and life safety plan must contain a description of the current fire and life
76.26 safety code violations, a plan for the removal or repair of the fire and life safety hazard,
76.27 and a description of safety preparation and awareness procedures to be followed until the
76.28 hazard is fully corrected.
76.29 (c) A facilities and equipment violation plan must contain provisions to correct
76.30 health and safety hazards as provided in Department of Labor and Industry standards
76.31 pursuant to section
76.32 (d) A health, safety, and environmental management plan must contain a description
76.33 of training, record keeping, hazard assessment, and program management as defined
76.34 in section
76.35 (e) A plan to test for and mitigate radon produced hazards.
76.36 (f) A plan to monitor and improve indoor air quality.
Subd. 3. Health and safety revenue.
A district's health and safety revenue
for a fiscal year equals the district's alternative facilities levy under section
subdivision 5, paragraph (b), plus the greater of zero or:
(1) the sum of (a) the total approved cost of the district's hazardous substance
plan for fiscal years 1985 through 1989, plus (b) the total approved cost of the district's
health and safety program for fiscal year 1990 through the fiscal year to which the levy
is attributable, excluding expenditures funded with bonds issued under section
, or chapter 475; certificates of indebtedness or capital notes under section
; levies under section
126C.40, subdivision 1
6; and other federal, state, or local revenues, minus
(2) the sum of (a) the district's total hazardous substance aid and levy for fiscal years
1985 through 1989 under sections
275.125, subdivision 11c
, plus (b) the
district's health and safety revenue under this subdivision, for years before the fiscal year
to which the levy is attributable.
Subd. 4. Health and safety levy.
To receive health and safety revenue, a district
may levy an amount equal to the district's health and safety revenue as defined in
subdivision 3 multiplied by the lesser of one, or the ratio of the quotient derived by
dividing the adjusted net tax capacity of the district for the year preceding the year the
levy is certified by the adjusted marginal cost pupil units in the district for the school year
to which the levy is attributable, to $2,935.
Subd. 5. Health and safety aid.
A district's health and safety aid is the difference
between its health and safety revenue and its health and safety levy. If a district does not
levy the entire amount permitted, health and safety aid must be reduced in proportion to
the actual amount levied. Health and safety aid may not be reduced as a result of reducing
a district's health and safety levy according to section
Subd. 6. Uses of health and safety revenue.
Health and safety revenue may be
used only for approved expenditures necessary
to correct for the correction of
fire and life
, or for the; design, purchase, installation, maintenance, and inspection of
77.29fire protection and alarm equipment; purchase or construction of appropriate facilities for
77.30the storage of combustible and flammable materials; inventories and facility modifications
77.31not related to a remodeling project to comply with lab safety requirements under section
77.32121A.31; inspection, testing, repair,
removal or encapsulation, and disposal
77.33 from school buildings or property owned or being acquired by the district, asbestos-related
77.34 repairs, asbestos-containing building materials;
cleanup and disposal of polychlorinated
found in school buildings or property owned or being acquired by the district,
77.36 or the; cleanup and disposal of hazardous and infectious wastes;
disposal, and repairs related to storing heating fuel or transportation fuels such as alcohol,
gasoline, fuel oil, and special fuel, as defined in section
, Minnesota; correction of
occupational safety and health administration regulated
facility and equipment
indoor air quality inspections, investigations, and testing;
replacement of mechanical ventilation systems to meet American Society of Heating,
Refrigerating and Air Conditioning Engineers standards and State Mechanical Code
78.7design, materials, and installation of local exhaust ventilation systems, including required
78.8make-up air for controlling regulated hazardous substances; correction of
of Health Food Code
and violations; correction of
swimming pool hazards excluding
,; playground safety inspections, the repair of unsafe outdoor playground
78.11equipment, and the installation of impact surfacing materials; bleacher repair or rebuilding
78.12to comply with the order of a building code inspector under section 326B.112; testing and
78.13mitigation of elevated radon hazards; lead testing; copper in water testing; cleanup after
78.14major weather-related disasters or flooding; reduction of excessive organic and inorganic
78.15levels in wells and capping of abandoned wells; installation and testing of boiler backflow
78.16valves to prevent contamination of potable water; vaccinations, titers, and preventative
78.17supplies for bloodborne pathogen compliance; costs to comply with the Janet B. Johnson
78.18Parents' Right to Know Act; automated external defibrillators and other emergency plan
78.19equipment and supplies specific to the district's emergency action plan;
and health, safety,
and environmental management costs associated with implementing the district's health
78.21and safety program including costs to establish and operate safety committees, in school
78.22buildings or property owned or being acquired by the district
. Testing and calibration
activities are permitted for existing mechanical ventilation systems at intervals no less than
every five years.
Health and safety revenue must not be used to finance a lease purchase
78.25 agreement, installment purchase agreement, or other deferred payments agreement. Health
78.26 and safety revenue must not be used for the construction of new facilities or the purchase
78.27 of portable classrooms, for interest or other financing expenses, or for energy efficiency
78.28 projects under section
123B.65 . The revenue may not be used for a building or property or
78.29 part of a building or property used for postsecondary instruction or administration or for a
78.30 purpose unrelated to elementary and secondary education.
78.31 Subd. 6a. Restrictions on health and safety revenue. (b)
paragraph (a) subdivision 6
, health and safety revenue must not be used:
78.33(1) to finance a lease purchase agreement, installment purchase agreement, or other
78.34deferred payments agreement;
78.35(2) for the construction of new facilities, remodeling of existing facilities, or the
78.36purchase of portable classrooms;
79.1(3) for interest or other financing expenses;
79.2(4) for energy efficiency projects under section 123B.65, for a building or property
79.3or part of a building or property used for postsecondary instruction or administration or for
79.4a purpose unrelated to elementary and secondary education;
for replacement of building materials or facilities including roof, walls, windows,
internal fixtures and flooring, nonhealth and safety costs associated with demolition of
facilities, structural repair or replacement of facilities due to unsafe conditions, violence
prevention and facility security, ergonomics
79.9(6) for public announcement systems and emergency communications devices; or
building and heating, ventilating and air conditioning supplies, maintenance,
and cleaning activities. All assessments, investigations, inventories, and support
equipment not leading to the engineering or construction of a project shall be included in
the health, safety, and environmental management costs in subdivision 8, paragraph (a).
79.14 Subd. 6b. Health and safety projects. (a) Health and safety revenue applications
79.15defined in subdivision 1 must be accompanied by a description of each project for which
79.16funding is being requested. Project descriptions must provide enough detail for an auditor
79.17to determine if the work qualifies for revenue. For projects other than fire and life
79.18safety projects, playground projects, and health, safety, and environmental management
79.19activities, a project description does not need to include itemized details such as material
79.20types, room locations, square feet, names, or license numbers. The commissioner
79.21may request supporting information and shall approve only projects that comply with
79.22subdivisions 6 and 8, as defined by the Department of Education.
79.23(b) Districts may request funding for allowable projects based on self-assessments,
79.24safety committee recommendations, insurance inspections, management assistance
79.25reports, fire marshal orders, or other mandates. Notwithstanding subdivision 1, paragraph
79.26(b), and subdivision 8, paragraph (b), for projects under $500,000, individual project
79.27size for projects authorized by this subdivision is not limited and may include related
79.28work in multiple facilities. Health and safety management costs from subdivision 8 may
79.29be reported as a single project.
79.30(c) All costs directly related to a project shall be reported in the appropriate Uniform
79.31Financial Accounting and Reporting Standards (UFARS) finance code.
79.32(d) For fire and life safety egress and all other projects exceeding $20,000, cited
79.33under Minnesota Fire Code, a fire marshal plan review is required.
79.34(e) Districts shall update project estimates with actual expenditures for each
79.35fiscal year. If a project's final cost is significantly higher than originally approved, the
79.36commissioner may request additional supporting information.
80.1 Subd. 6c. Appeals process. In the event a district is denied funding approval for
80.2a project the district believes complies with subdivisions 6 and 8, and is not otherwise
80.3excluded, a district may appeal the decision. All such requests must be in writing. The
80.4commissioner shall respond in writing. A written request must contain the following:
80.5project number; description and amount; reason for denial; unresolved questions for
80.6consideration; reasons for reconsideration; and a specific statement of what action the
80.7district is requesting.
Subd. 7. Proration.
In the event that the health and safety aid available for any year
is prorated, a district having its aid prorated may levy an additional amount equal to the
amount not paid by the state due to proration.
Subd. 8. Health, safety, and environmental management cost.
(a) "Health, safety,
80.12and environmental management" is defined in section 123B.56.
A district's cost for health, safety, and environmental management is limited to
the lesser of:
(1) actual cost to implement their plan; or
(2) an amount determined by the commissioner, based on enrollment, building
age, and size.
The department may contract with regional service organizations, private
contractors, Minnesota Safety Council, or state agencies to provide management
assistance to school districts for health and safety capital projects. Management assistance
is the development of written programs for the identification, recognition and control of
hazards, and prioritization and scheduling of district health and safety capital projects.
shall not mandate management assistance or
private contractors from the opportunity to provide any health and safety services to
(c) Notwithstanding paragraph (b), the department may approve revenue, up to
80.27 the limit defined in paragraph (a) for districts having an approved health, safety, and
80.28 environmental management plan that uses district staff to accomplish coordination and
80.29 provided services.
80.30EFFECTIVE DATE.This section is effective July 1, 2011.
Sec. 2. Minnesota Statutes 2010, section 123B.71, subdivision 5, is amended to read:
Subd. 5. Final plans.
If a construction contract has not been awarded within two
years of approval, the approval shall not be valid. After approval, final plans and the
approval shall be
filed with made available, if requested, to
the commissioner of education.
If substantial changes are made to the initial
approved plans, documents reflecting
the changes shall be submitted to the commissioner for approval. Upon completing a
project, the school board shall certify to the commissioner that the project was completed
according to the approved plans.
Sec. 3. Minnesota Statutes 2010, section 123B.72, subdivision 3, is amended to read:
Subd. 3. Certification.
Prior to occupying or reoccupying a school facility affected
by this section, a school board or its designee shall submit a document prepared by a
system inspector to the building official or to the commissioner, verifying that the facility's
heating, ventilation, and air conditioning system has been installed and operates according
to design specifications and code, according to section
123B.71, subdivision 9
. A systems inspector shall also verify that the facility's design will provide
the ability for monitoring of outdoor airflow and total airflow of ventilation systems in
new school facilities and that any heating, ventilation, or air conditioning system that is
installed or modified for a project subject to this section must provide a filtration system
with a current ASHRAE standard.
Sec. 4. HEALTH AND SAFETY POLICY.
81.16Notwithstanding Minnesota Statutes, section 123B.57, subdivision 2, a school board
81.17that has not yet adopted a health and safety policy by September 30, 2011, may submit an
81.18application for health and safety revenue for taxes payable in 2012 in the form and manner
81.19specified by the commissioner of education.
81.20EFFECTIVE DATE.This section is effective the day following final enactment.
Section 1. Minnesota Statutes 2010, section 127A.42, subdivision 2, is amended to
Subd. 2. Violations of law.
The commissioner may reduce or withhold the district's
state aid for any school year whenever the board of the district authorizes or permits
violations of law within the district by:
(1) employing a teacher who does not hold a valid teaching license or permit in a
(2) noncompliance with a mandatory rule of general application promulgated by the
commissioner in accordance with statute, unless special circumstances make enforcement
inequitable, impose an extraordinary hardship on the district, or the rule is contrary to
the district's best interests;
(3) the district's continued performance of a contract made for the rental of rooms
or buildings for school purposes or for the rental of any facility owned or operated by or
under the direction of any private organization, if the contract has been disapproved, the
time for review of the determination of disapproval has expired, and no proceeding for
review is pending;
(4) any practice which is a violation of sections 1 and 2 of article 13 of the
Constitution of the state of Minnesota;
(5) failure to reasonably provide for a resident pupil's school attendance under
(6) noncompliance with state laws prohibiting discrimination because of race,
color, creed, religion, national origin, sex, age, marital status, status with regard to
public assistance or disability, as defined in sections
(7) using funds contrary to the statutory purpose of the funds.
The reduction or withholding must be made in the amount and upon the procedure
provided in this section, or, in the case of the violation stated in clause (1), upon the
82.19procedure provided in section 127A.43
82.20EFFECTIVE DATE.This section is effective July 1, 2011.
Sec. 2. Minnesota Statutes 2010, section 127A.43, is amended to read:
82.22127A.43 DISTRICT EMPLOYMENT OF UNLICENSED TEACHERS; AID
When a district employs one or more teachers who do not hold a valid teaching
license, state aid shall be
in the proportion that the number of such
teachers is to the total number of teachers employed by the district, multiplied by 60
percent of the basic revenue, as defined in section
126C.10, subdivision 2
, of the district
for the year in which the employment occurred.
82.29EFFECTIVE DATE.This section is effective July 1, 2011.
Sec. 3. Minnesota Statutes 2010, section 127A.45, is amended by adding a subdivision
82.32 Subd. 17. Payment to creditors. Except where otherwise specifically authorized,
82.33state education aid payments shall be made only to the school district, charter school, or
83.1other education organization earning state aid revenues as a result of providing education
Section 1. Minnesota Statutes 2010, section 123B.88, is amended by adding a
subdivision to read:
83.7 Subd. 1a. Full-service school zones. The board may establish a full-service
83.8school zone by adopting a written resolution and may provide transportation for students
83.9attending a school in that full-service school zone. A full-service school zone may be
83.10established for a school that is located in an area with higher than average crime or other
83.11social and economic challenges and that provides education, health or human services, or
83.12other parental support in collaboration with a city, county, state, or nonprofit agency. The
83.13pupil transportation must be intended to stabilize enrollment and reduce mobility at the
83.14school located in a full-service school zone.
83.15EFFECTIVE DATE.This section is effective July 1, 2011.
Sec. 2. Minnesota Statutes 2010, section 123B.88, subdivision 13, is amended to read:
Subd. 13. Area learning center pupils between buildings.
Districts may provide
bus transportation along school bus routes when space is available, for
pupils attending programs at an area learning center. The transportation is
if it does not increase the district's expenditures for transportation.
The cost of these services shall be considered part of the authorized cost
for the purpose of section
Sec. 3. Minnesota Statutes 2010, section 123B.90, subdivision 3, is amended to read:
Subd. 3. Model training program.
The commissioner shall develop and maintain
model list of
school bus safety training
program instructional materials
for pupils who ride the bus that includes bus safety curriculum for both classroom and
and age-appropriate instructional materials
83.28EFFECTIVE DATE.This section is effective July 1, 2011.
Sec. 4. Minnesota Statutes 2010, section 123B.92, subdivision 1, is amended to read:
Subdivision 1. Definitions.
For purposes of this section and section
terms defined in this subdivision have the meanings given to them.
(a) "Actual expenditure per pupil transported in the regular and excess transportation
categories" means the quotient obtained by dividing:
(1) the sum of:
(i) all expenditures for transportation in the regular category, as defined in paragraph
(b), clause (1), and the excess category, as defined in paragraph (b), clause (2), plus
(ii) an amount equal to one year's depreciation on the district's school bus fleet
and mobile units computed on a straight line basis at the rate of 15 percent per year for
districts operating a program under section
for grades 1 to 12 for all students in
the district and 12-1/2 percent per year for other districts of the cost of the fleet, plus
(iii) an amount equal to one year's depreciation on the district's type III vehicles, as
defined in section
169.011, subdivision 71
, which must be used a majority of the time for
pupil transportation purposes, computed on a straight line basis at the rate of 20 percent
per year of the cost of the type three school buses by:
(2) the number of pupils eligible for transportation in the regular category, as defined
in paragraph (b), clause (1), and the excess category, as defined in paragraph (b), clause (2).
(b) "Transportation category" means a category of transportation service provided to
pupils as follows:
(1) Regular transportation is:
(i) transportation to and from school during the regular school year for resident
elementary pupils residing one mile or more from the public or nonpublic school they
attend, and resident secondary pupils residing two miles or more from the public
or nonpublic school they attend, excluding desegregation transportation and noon
kindergarten transportation; but with respect to transportation of pupils to and from
nonpublic schools, only to the extent permitted by sections
(ii) transportation of resident pupils to and from language immersion programs;
(iii) transportation of a pupil who is a custodial parent and that pupil's child between
the pupil's home and the child care provider and between the provider and the school, if
the home and provider are within the attendance area of the school;
(iv) transportation to and from or board and lodging in another district, of resident
pupils of a district without a secondary school; and
(v) transportation to and from school during the regular school year required under
subdivision 3 for nonresident elementary pupils when the distance from the attendance
area border to the public school is one mile or more, and for nonresident secondary pupils
when the distance from the attendance area border to the public school is two miles or
more, excluding desegregation transportation and noon kindergarten transportation.
For the purposes of this paragraph, a district may designate a licensed day care
facility, school day care facility, respite care facility, the residence of a relative, or the
residence of a person or other location
chosen by the pupil's parent or guardian, or an
after-school program for children operated by a political subdivision of the state, as the
home of a pupil for part or all of the day, if requested by the pupil's parent or guardian,
and if that facility, residence, or program is within the attendance area of the school the
(2) Excess transportation is:
(i) transportation to and from school during the regular school year for resident
secondary pupils residing at least one mile but less than two miles from the public or
nonpublic school they attend, and transportation to and from school for resident pupils
residing less than one mile from school who are transported because of full-service school
extraordinary traffic, drug, or crime hazards; and
(ii) transportation to and from school during the regular school year required under
subdivision 3 for nonresident secondary pupils when the distance from the attendance area
border to the school is at least one mile but less than two miles from the public school
they attend, and for nonresident pupils when the distance from the attendance area border
to the school is less than one mile from the school and who are transported because of
85.19full-service school zones,
extraordinary traffic, drug, or crime hazards.
(3) Desegregation transportation is transportation within and outside of the district
during the regular school year of pupils to and from schools located outside their normal
attendance areas under a plan for desegregation mandated by the commissioner or under
(4) "Transportation services for pupils with disabilities" is:
(i) transportation of pupils with disabilities who cannot be transported on a regular
school bus between home or a respite care facility and school;
(ii) necessary transportation of pupils with disabilities from home or from school to
other buildings, including centers such as developmental achievement centers, hospitals,
and treatment centers where special instruction or services required by sections
are provided, within or outside the district
where services are provided;
(iii) necessary transportation for resident pupils with disabilities required by sections
(iv) board and lodging for pupils with disabilities in a district maintaining special
(v) transportation from one educational facility to another within the district for
resident pupils enrolled on a shared-time basis in educational programs, and necessary
transportation required by sections
, for resident pupils
with disabilities who are provided special instruction and services on a shared-time basis
or if resident pupils are not transported, the costs of necessary travel between public
and private schools or neutral instructional sites by essential personnel employed by the
district's program for children with a disability;
(vi) transportation for resident pupils with disabilities to and from board and lodging
facilities when the pupil is boarded and lodged for educational purposes;
(vii) transportation of pupils for a curricular field trip activity on a school bus
86.11equipped with a power lift when the power lift is required by a student's disability or
86.12section 504 plan; and
services described in clauses (i) to
, when provided for pupils with
disabilities in conjunction with a summer instructional program that relates to the pupil's
individual education plan or in conjunction with a learning year program established
For purposes of computing special education initial aid under section
, the cost of providing transportation for children with disabilities includes
(A) the additional cost of transporting a homeless student from a temporary nonshelter
home in another district to the school of origin, or a formerly homeless student from a
permanent home in another district to the school of origin but only through the end of the
academic year; and (B) depreciation on district-owned school buses purchased after July 1,
2005, and used primarily for transportation of pupils with disabilities, calculated according
to paragraph (a), clauses (ii) and (iii). Depreciation costs included in the disabled
transportation category must be excluded in calculating the actual expenditure per pupil
transported in the regular and excess transportation categories according to paragraph (a).
(5) "Nonpublic nonregular transportation" is:
(i) transportation from one educational facility to another within the district for
resident pupils enrolled on a shared-time basis in educational programs, excluding
transportation for nonpublic pupils with disabilities under clause (4);
(ii) transportation within district boundaries between a nonpublic school and a
public school or a neutral site for nonpublic school pupils who are provided pupil support
services pursuant to section
(iii) late transportation home from school or between schools within a district for
nonpublic school pupils involved in after-school activities.
(c) "Mobile unit" means a vehicle or trailer designed to provide facilities for
educational programs and services, including diagnostic testing, guidance and counseling
services, and health services. A mobile unit located off nonpublic school premises is a
neutral site as defined in section
123B.41, subdivision 13
87.5EFFECTIVE DATE.This section is effective for revenue for fiscal year 2012
Sec. 5. Minnesota Statutes 2010, section 123B.92, subdivision 5, is amended to read:
Subd. 5. District reports.
(a) Each district must report data to the department as
required by the department to account for transportation expenditures.
(b) Salaries and fringe benefits of district employees whose primary duties are
other than transportation, including central office administrators and staff, building
administrators and staff, teachers, social workers, school nurses, and instructional aides,
must not be included in a district's transportation expenditures, except that a district may
include salaries and benefits according to paragraph (c) for (1) an employee designated
as the district transportation director, (2) an employee providing direct support to the
transportation director, or (3) an employee providing direct transportation services such as
a bus driver or bus aide.
(c) Salaries and fringe benefits of the district employees listed in paragraph (b),
clauses (1), (2), and (3), who work part time in transportation and part time in other areas
must not be included in a district's transportation expenditures unless the district maintains
documentation of the employee's time spent on pupil transportation matters in the form
and manner prescribed by the department.
(d) Pupil transportation expenditures, excluding expenditures for capital outlay,
leased buses, student board and lodging, crossing guards, and aides on buses, must be
allocated among transportation categories based on cost-per-mile
87.26 cost-per-hour, or cost-per-route,
regardless of whether the transportation services are
provided on district-owned or contractor-owned school buses. Expenditures for school
bus driver salaries and fringe benefits may either be directly charged to the appropriate
transportation category or may be allocated among transportation categories based
, cost-per-hour, or cost-per-route
by private contractors or individuals who provide transportation exclusively in one
transportation category must be charged directly to the appropriate transportation category.
Transportation services provided by contractor-owned school bus companies incorporated
under different names but owned by the same individual or group of individuals must be
treated as the same company for cost allocation purposes.
88.1(e) Notwithstanding paragraph (d), districts contracting for transportation services
88.2are exempt from the standard cost allocation method for authorized and nonauthorized
88.3transportation categories if the district: (1) bids its contracts separately for authorized
88.4and nonauthorized transportation categories and for special transportation separate from
88.5regular and excess transportation; (2) receives bids or quotes from more than one vendor
88.6for these transportation categories; and (3) the district's cost-per-mile does not vary
88.7more than ten percent among categories, excluding salaries and fringe benefits of bus
88.8aides. If the costs reported by the district for contractor-owned operations vary by more
88.9than ten percent among categories, the department shall require the district to reallocate
88.10its transportation costs, excluding salaries and fringe benefits of bus aides, among all
88.13EARLY CHILDHOOD EDUCATION
Section 1. Minnesota Statutes 2010, section 119A.50, subdivision 3, is amended to read:
Subd. 3. Early childhood literacy programs.
(a) A research-based early childhood
literacy program premised on actively involved parents, ongoing professional staff
development, and high quality early literacy program standards is established to increase
the literacy skills of children participating in Head Start to prepare them to be successful
readers and to increase families' participation in providing early literacy experiences to
their children. Program providers must:
(1) work to prepare children to be successful learners;
(2) work to close the achievement gap for at-risk children;
(3) use an integrated approach to early literacy that daily offers a literacy-rich
classroom learning environment composed of books, writing materials, writing centers,
labels, rhyming, and other related literacy materials and opportunities;
(4) support children's home language while helping the children master English and
use multiple literacy strategies to provide a cultural bridge between home and school;
(5) use literacy mentors, ongoing literacy groups, and other teachers and staff to
provide appropriate, extensive professional development opportunities in early literacy
and classroom strategies for preschool teachers and other preschool staff;
(6) use ongoing data-based assessments that enable preschool teachers to understand,
plan, and implement literacy strategies, activities, and curriculum that meet children's
literacy needs and continuously improve children's literacy; and
(7) foster participation by parents, community stakeholders, literacy advisors, and
Program providers are encouraged to collaborate with qualified, community-based
early childhood providers in implementing this program and to seek nonstate funds to
supplement the program.
(b) Program providers under paragraph (a) interested in extending literacy programs
to children in kindergarten through grade 3 may elect to form a partnership with an
eligible organization under section
124D.38, subdivision 2
124D.42, subdivision 6
clause (3), schools enrolling children in kindergarten through grade 3, and other interested
and qualified community-based entities to provide ongoing literacy programs that offer
seamless literacy instruction focused on closing the literacy achievement gap. To close the
literacy achievement gap by the end of third grade, partnership members must agree to use
best efforts and practices and to work collaboratively to implement a seamless literacy
model from age three to grade 3, consistent with paragraph (a). Literacy programs under
this paragraph must collect and use literacy data to:
(1) evaluate children's literacy skills; and
(2) formulate specific intervention strategies to provide reading instruction to
children premised on the outcomes of formative and summative assessments and
research-based indicators of literacy development.
The literacy programs under this paragraph also must train teachers and other
providers working with children to use the assessment outcomes under clause (2) to
develop and use effective, long-term literacy coaching models that are specific to the
(c) The commissioner must collect and evaluate literacy data on children from age
89.23 three to grade 3 who participate in literacy programs under this section to determine the
89.24 efficacy of early literacy programs on children's success in developing the literacy skills
89.25 that they need for long-term academic success and the programs' success in closing the
89.26 literacy achievement gap. Annually by February 1, the commissioner must report to
89.27 the education policy and finance committees of the legislature on the ongoing impact
89.28 of these programs.
89.29EFFECTIVE DATE.This section is effective the day following final enactment.
Sec. 2. Minnesota Statutes 2010, section 121A.17, subdivision 3, is amended to read:
Subd. 3. Screening program.
(a) A screening program must include at least the
following components: developmental assessments, hearing and vision screening or
referral, immunization review and referral, the child's height and weight, identification
of risk factors that may influence learning, an interview with the parent about the child,
and referral for assessment, diagnosis, and treatment when potential needs are identified.
The district and the person performing or supervising the screening must provide a
parent or guardian with clear written notice that the parent or guardian may decline to
answer questions or provide information about family circumstances that might affect
development and identification of risk factors that may influence learning. The notice
90.5must state "Early childhood developmental screening helps a school district identify
90.6children who may benefit from district and community resources available to help in their
90.7development. Early childhood developmental screening includes a vision screening that
90.8helps detect potential eye problems but is not a substitute for a comprehensive eye exam."
The notice must clearly state that declining to answer questions or provide information
does not prevent the child from being enrolled in kindergarten or first grade if all other
screening components are met. If a parent or guardian is not able to read and comprehend
the written notice, the district and the person performing or supervising the screening
must convey the information in another manner. The notice must also inform the parent
or guardian that a child need not submit to the district screening program if the child's
health records indicate to the school that the child has received comparable developmental
screening performed within the preceding 365 days by a public or private health care
organization or individual health care provider. The notice must be given to a parent or
guardian at the time the district initially provides information to the parent or guardian
about screening and must be given again at the screening location.
(b) All screening components shall be consistent with the standards of the state
commissioner of health for early developmental screening programs. A developmental
screening program must not provide laboratory tests or a physical examination to any
child. The district must request from the public or private health care organization or the
individual health care provider the results of any laboratory test or physical examination
within the 12 months preceding a child's scheduled screening.
(c) If a child is without health coverage, the school district must refer the child to an
appropriate health care provider.
(d) A board may offer additional components such as nutritional, physical and
dental assessments, review of family circumstances that might affect development, blood
pressure, laboratory tests, and health history.
(e) If a statement signed by the child's parent or guardian is submitted to the
administrator or other person having general control and supervision of the school that
the child has not been screened because of conscientiously held beliefs of the parent
or guardian, the screening is not required.