Minnesota Office of the Revisor of Statutes
[*Add Subtitle/link: Office]

Menu

Revisor of Statutes Menu

HF 1381

5th Engrossment - 87th Legislature (2011 - 2012) Posted on 05/24/2011 03:36pm

KEY: stricken = removed, old language. underscored = added, new language.

Pdf

Version List Authors and Status

Bill Text Versions

Engrossments

Introduction Pdf Posted on 04/05/2011
1st Engrossment Pdf Posted on 05/02/2011
2nd Engrossment Pdf Posted on 05/04/2011
3rd Engrossment Pdf Posted on 05/05/2011
4th Engrossment Pdf Posted on 05/10/2011
5th Engrossment Pdf Posted on 05/24/2011

Conference Committee Reports

LS87-CCR-HF1381 Pdf Posted on 05/23/2011

Current Version - 5th Engrossment

1.1A bill for an act
1.2relating to education; providing for policy for prekindergarten through grade 12
1.3education, including general education, education excellence, special programs,
1.4facilities and technology, student transportation, and early childhood education;
1.5amending Minnesota Statutes 2010, sections 11A.16, subdivision 5; 13.32,
1.6subdivision 6; 119A.50, subdivision 3; 120A.22, subdivision 11; 120A.24;
1.7120A.40; 120B.023, subdivision 2; 120B.11; 120B.12; 120B.30, subdivisions 1,
1.83, 4; 120B.31, subdivision 4; 120B.36, subdivisions 1, 2; 121A.15, subdivision 8;
1.9121A.17, subdivision 3; 122A.14, subdivision 3; 122A.16, as amended; 122A.40,
1.10subdivisions 5, 11, by adding a subdivision; 122A.41, subdivisions 1, 2, 5a, 10,
1.1114; 123B.143, subdivision 1; 123B.147, subdivision 3; 123B.41, subdivisions
1.122, 5; 123B.57; 123B.63, subdivision 3; 123B.71, subdivision 5; 123B.72,
1.13subdivision 3; 123B.75, subdivision 5; 123B.88, subdivision 13, by adding a
1.14subdivision; 123B.90, subdivision 3; 123B.92, subdivisions 1, 5; 124D.091,
1.15subdivision 2; 124D.10; 124D.11, subdivision 9; 124D.19, subdivision 3;
1.16124D.36; 124D.37; 124D.38, subdivision 3; 124D.385, subdivision 3; 124D.39;
1.17124D.40; 124D.42, subdivisions 6, 8; 124D.44; 124D.45, subdivision 2;
1.18124D.52, subdivision 7; 125A.02, subdivision 1; 125A.0942, subdivision 3;
1.19125A.15; 125A.51; 125A.79, subdivision 1; 126C.10, subdivision 8a; 126C.15,
1.20subdivision 2; 126C.41, subdivision 2; 127A.30, subdivision 1; 127A.42,
1.21subdivision 2; 127A.43; 127A.45, by adding a subdivision; 171.05, subdivision
1.222; 171.17, subdivision 1; 171.22, subdivision 1; Laws 2011, chapter 5, section
1.231; repealing Minnesota Statutes 2010, sections 120A.26, subdivisions 1, 2;
1.24124D.38, subdivisions 4, 5, 6; 125A.54; 126C.457.
1.25BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.26ARTICLE 1
1.27GENERAL EDUCATION

1.28    Section 1. Minnesota Statutes 2010, section 11A.16, subdivision 5, is amended to read:
1.29    Subd. 5. Calculation of income. As of the end of each fiscal year, the state
1.30board shall calculate the investment income earned by the permanent school fund. The
1.31investment income earned by the fund shall equal the amount of interest on debt securities
2.1and, 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
2.3securities shall be apportioned as follows:
2.4(a) If the sale of securities results in a net gain during a fiscal year, the gain shall
2.5be apportioned in equal installments over the next ten fiscal years to offset net losses in
2.6those years. If any portion of an installment is not needed to recover subsequent losses
2.7identified in paragraph (b) it shall be added to the principal of the fund.
2.8(b) If the sale of securities results in a net loss during a fiscal year, the net loss shall
2.9be recovered first from the gains in paragraph (a) apportioned to that fiscal year. If these
2.10gains are insufficient, any remaining net loss shall be recovered from interest and dividend
2.11income in equal installments over the following ten fiscal years.

2.12    Sec. 2. Minnesota Statutes 2010, section 123B.41, subdivision 2, is amended to read:
2.13    Subd. 2. Textbook. "Textbook" means any book or book substitute, including
2.14electronic books as well as other printed materials delivered electronically, which a
2.15pupil uses as a text or text substitute in a particular class or program in the school
2.16regularly attended and a copy of which is expected to be available for the individual use
2.17of each pupil in this class or program. The term shall be limited to books, workbooks,
2.18or 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
2.20material for a given class or a group of students. The term includes only such secular,
2.21neutral and nonideological textbooks as are available, used by, or of benefit to Minnesota
2.22public school pupils.

2.23    Sec. 3. Minnesota Statutes 2010, section 123B.41, subdivision 5, is amended to read:
2.24    Subd. 5. Individualized instructional or cooperative learning materials.
2.25"Individualized instructional or cooperative learning materials" means educational
2.26materials which:
2.27(a) are designed primarily for individual pupil use or use by pupils in a cooperative
2.28learning group in a particular class or program in the school the pupil regularly attends;
2.29(b) are secular, neutral, nonideological and not capable of diversion for religious
2.30use; and
2.31(c) are available, used by, or of benefit to Minnesota public school pupils.
2.32Subject to the requirements in clauses (a), (b), and (c), "individualized instructional
2.33or cooperative learning materials" include, but are not limited to, the following if they
2.34do not fall within the definition of "textbook" in subdivision 2: published materials;
3.1periodicals; documents; pamphlets; photographs; reproductions; pictorial or graphic
3.2works; prerecorded video programs; prerecorded tapes, cassettes and other sound
3.3recordings; manipulative materials; desk charts; games; study prints and pictures; desk
3.4maps; models; learning kits; blocks or cubes; flash cards; individualized multimedia
3.5systems; prepared instructional computer software programs; choral and band sheet music;
3.6electronic books and other printed materials delivered electronically; and CD-Rom.
3.7"Individualized instructional or cooperative learning materials" do not include
3.8instructional equipment, instructional hardware, or ordinary daily consumable classroom
3.9supplies.

3.10    Sec. 4. Minnesota Statutes 2010, section 123B.63, subdivision 3, is amended to read:
3.11    Subd. 3. Capital project levy referendum. A district may levy the local tax
3.12rate approved by a majority of the electors voting on the question to provide funds for
3.13an approved project. The election must take place no more than five years before the
3.14estimated date of commencement of the project. The referendum must be held on a date
3.15set 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,
3.17subdivision 8, a referendum for a project not receiving a positive review and comment by
3.18the commissioner under section 123B.71 must be approved by at least 60 percent of the
3.19voters at the election. The referendum may be called by the school board and may be held:
3.20    (1) separately, before an election for the issuance of obligations for the project
3.21under chapter 475; or
3.22    (2) in conjunction with an election for the issuance of obligations for the project
3.23under chapter 475; or
3.24    (3) notwithstanding section 475.59, as a conjunctive question authorizing both the
3.25capital project levy and the issuance of obligations for the project under chapter 475. Any
3.26obligations authorized for a project may be issued within five years of the date of the
3.27election.
3.28    The ballot must provide a general description of the proposed project, state the
3.29estimated total cost of the project, state whether the project has received a positive or
3.30negative review and comment from the commissioner, state the maximum amount of the
3.31capital project levy as a percentage of net tax capacity, state the amount that will be raised
3.32by that local tax rate in the first year it is to be levied, and state the maximum number of
3.33years that the levy authorization will apply.
3.34    The ballot must contain a textual portion with the information required in this
3.35section and a question stating substantially the following:
4.1    "Shall the capital project levy proposed by the board of .......... School District
4.2No. .......... be approved?"
4.3    If approved, the amount provided by the approved local tax rate applied to the net
4.4tax capacity for the year preceding the year the levy is certified may be certified for the
4.5number of years, not to exceed ten, approved.
4.6    In the event a conjunctive question proposes to authorize both the capital project
4.7levy and the issuance of obligations for the project, appropriate language authorizing the
4.8issuance of obligations must also be included in the question.
4.9    The district must notify the commissioner of the results of the referendum.

4.10    Sec. 5. Minnesota Statutes 2010, section 123B.75, subdivision 5, is amended to read:
4.11    Subd. 5. Levy recognition. (a) For fiscal years 2009 and 2010, in June of each
4.12year, the school district must recognize as revenue, in the fund for which the levy was
4.13made, the lesser of:
4.14(1) the sum of May, June, and July school district tax settlement revenue received in
4.15that calendar year, plus general education aid according to section 126C.13, subdivision
4.164
, received in July and August of that calendar year; or
4.17(2) the sum of:
4.18(i) 31 percent of the referendum levy certified according to section 126C.17, in
4.19calendar year 2000; and
4.20(ii) the entire amount of the levy certified in the prior calendar year according to
4.21section 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; 126C.457; and 126C.48,
4.24subdivision 6
; plus
4.25(iii) zero percent of the amount of the levy certified in the prior calendar year for the
4.26school district's general and community service funds, plus or minus auditor's adjustments,
4.27not including the levy portions that are assumed by the state, that remains after subtracting
4.28the referendum levy certified according to section 126C.17 and the amount recognized
4.29according to item (ii).
4.30(b) For fiscal year 2011 and later years, in June of each year, the school district must
4.31recognize as revenue, in the fund for which the levy was made, the lesser of:
4.32(1) the sum of May, June, and July school district tax settlement revenue received in
4.33that calendar year, plus general education aid according to section 126C.13, subdivision
4.344, received in July and August of that calendar year; or
4.35(2) the sum of:
5.1(i) the greater of 48.6 percent of the referendum levy certified according to section
5.2126C.17 in the prior calendar year, or 31 percent of the referendum levy certified
5.3according to section 126C.17 in calendar year 2000; plus
5.4(ii) the entire amount of the levy certified in the prior calendar year according to
5.5section 124D.4531, 124D.86, subdivision 4, for school districts receiving revenue under
5.6sections 124D.86, subdivision 3, clauses (1), (2), and (3); 126C.41, subdivisions 1, 2,
5.7paragraph (a), and 3, paragraphs (b), (c), and (d); 126C.43, subdivision 2; 126C.457;
5.8and 126C.48, subdivision 6; plus
5.9(iii) 48.6 percent of the amount of the levy certified in the prior calendar year for the
5.10school district's general and community service funds, plus or minus auditor's adjustments,
5.11not including the levy portions that are assumed by the state, that remains after subtracting
5.12the referendum levy certified according to section 126C.17 and the amount recognized
5.13according to item (ii).

5.14    Sec. 6. Minnesota Statutes 2010, section 125A.79, subdivision 1, is amended to read:
5.15    Subdivision 1. Definitions. For the purposes of this section, the definitions in this
5.16subdivision apply.
5.17    (a) "Unreimbursed special education cost" means the sum of the following:
5.18    (1) expenditures for teachers' salaries, contracted services, supplies, equipment, and
5.19transportation services eligible for revenue under section 125A.76; plus
5.20    (2) expenditures for tuition bills received under sections 125A.03 to 125A.24 and
5.21125A.65 for services eligible for revenue under section 125A.76, subdivision 2; minus
5.22    (3) revenue for teachers' salaries, contracted services, supplies, equipment, and
5.23transportation services under section 125A.76; minus
5.24    (4) tuition receipts under sections 125A.03 to 125A.24 and 125A.65 for services
5.25eligible for revenue under section 125A.76, subdivision 2.
5.26    (b) "General revenue" for a school district means the sum of the general education
5.27revenue according to section 126C.10, subdivision 1, excluding alternative teacher
5.28compensation revenue, plus the total qualifying referendum revenue specified in paragraph
5.29(e) 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.
5.34    (c) "Average daily membership" has the meaning given it in section 126C.05.
5.35    (d) "Program growth factor" means 1.02 for fiscal year 2012 and later.
6.1    (e) "Total qualifying referendum revenue" means two-thirds of the district's total
6.2referendum 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
6.4year 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.

6.6    Sec. 7. Minnesota Statutes 2010, section 126C.10, subdivision 8a, is amended to read:
6.7    Subd. 8a. Sparsity revenue for school districts that close facilities. A school
6.8district that closes a school facility is eligible for elementary and secondary sparsity
6.9revenue equal to the greater of the amounts calculated under subdivisions 6, 7, and 8 or
6.10the total amount of sparsity revenue for the previous fiscal year if the school board of the
6.11district has adopted a written resolution stating that the district intends to close the school
6.12facility, but cannot proceed with the closure without the adjustment to sparsity revenue
6.13authorized by this subdivision. The written resolution must be approved by the school
6.14board and filed with the commissioner of education at least 60 days prior to the start of the
6.15fiscal 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.

6.19    Sec. 8. Minnesota Statutes 2010, section 126C.15, subdivision 2, is amended to read:
6.20    Subd. 2. Building allocation. (a) A district or cooperative must allocate its
6.21compensatory revenue to each school building in the district or cooperative where
6.22the children who have generated the revenue are served unless the school district or
6.23cooperative has received permission under Laws 2005, First Special Session chapter 5,
6.24article 1, section 50, to allocate compensatory revenue according to student performance
6.25measures developed by the school board.
6.26    (b) Notwithstanding paragraph (a), a district or cooperative may allocate up to
6.27five percent of the amount of compensatory revenue that the district receives to school
6.28sites according to a plan adopted by the school board. The money reallocated under
6.29this paragraph must be spent for the purposes listed in subdivision 1, but may be
6.30spent on students in any grade, including students attending school readiness or other
6.31prekindergarten programs.
6.32    (c) For the purposes of this section and section 126C.05, subdivision 3, "building"
6.33means education site as defined in section 123B.04, subdivision 1.
7.1    (d) Notwithstanding section 123A.26, subdivision 1, compensatory revenue
7.2generated by students served at a cooperative unit shall be paid to the cooperative unit.
7.3    (e) A district or cooperative with school building openings, school building
7.4closings, changes in attendance area boundaries, or other changes in programs or student
7.5demographics between the prior year and the current year may reallocate compensatory
7.6revenue among sites to reflect these changes. A district or cooperative must report to the
7.7department any adjustments it makes according to this paragraph and the department must
7.8use the adjusted compensatory revenue allocations in preparing the report required under
7.9section 123B.76, subdivision 3, paragraph (c).

7.10    Sec. 9. Minnesota Statutes 2010, section 126C.41, subdivision 2, is amended to read:
7.11    Subd. 2. Retired employee health benefits. (a) A district may levy an amount up
7.12to the amount the district is required by the collective bargaining agreement in effect
7.13on March 30, 1992, to pay for health insurance or unreimbursed medical expenses for
7.14licensed and nonlicensed employees who have terminated services in the employing
7.15district and withdrawn from active teaching service or other active service, as applicable,
7.16before July 1, 1992, and to pay for health insurance or unreimbursed medical expenses
7.17for licensed and nonlicensed employees who have terminated services in the employing
7.18district and withdrawn from active teaching service or other active service, as applicable
7.19before July 1, 1998, only if a sunset clause is in effect for the current collective bargaining
7.20agreement. The total amount of the levy each year may not exceed $600,000.
7.21(b) In addition to the levy authority granted under paragraph (a), a school district
7.22may levy for other postemployment benefits expenses actually paid during the previous
7.23fiscal year. For purposes of this subdivision, "postemployment benefits" means benefits
7.24giving rise to a liability under Statement No. 45 of the Government Accounting Standards
7.25Board. A district seeking levy authority under this subdivision must:
7.26(1) create or have created an actuarial liability to pay postemployment benefits to
7.27employees or officers after their termination of service;
7.28(2) have a sunset clause in effect for the current collective bargaining agreement as
7.29required by paragraph (a); and
7.30(3) apply for the authority in the form and manner required by the commissioner
7.31of education.
7.32If the total levy authority requested under this paragraph exceeds the amount established
7.33in paragraph (c), the commissioner must proportionately reduce each district's maximum
7.34levy 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.
8.3(c) The maximum levy authority under paragraph (b) must not exceed the following
8.4amounts:
8.5(1) $9,242,000 for taxes payable in 2010;
8.6(2) $29,863,000 for taxes payable in 2011; and
8.7(3) for taxes payable in 2012 and later, the maximum levy authority must not exceed
8.8the sum of the previous year's authority and $14,000,000.

8.9    Sec. 10. Minnesota Statutes 2010, section 127A.30, subdivision 1, is amended to read:
8.10    Subdivision 1. Membership and terms. (a) A state Permanent School Fund
8.11Advisory Committee is established to advise the Department of Natural Resources on
8.12the management of permanent school fund land, which is held in trust for the school
8.13districts of the state.
8.14    (b) The advisory committee must consist of the following persons or their
8.15designees: the chairs of the education committees of the legislature, the chairs of the
8.16legislative committees with jurisdiction over the K-12 education budget, the chairs of
8.17the legislative committees with jurisdiction over the environment and natural resources
8.18policy and budget, the chair of the senate Committee on Finance and the chair of the
8.19house 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, the commissioner
8.22of education, one superintendent from a nonmetropolitan district, one superintendent
8.23from a metropolitan area district, one person with expertise on school finance matters,
8.24one person with an expertise in forestry, one person with an expertise in minerals and
8.25mining, one person with an expertise in real estate development, one person with
8.26an expertise in renewable energy, one person with an expertise in finance and land
8.27management, and one person with an expertise in natural resource conservation. The
8.28school district superintendents and the member with expertise on school finance matters
8.29shall be appointed by the commissioner of education. The committee members with
8.30areas of expertise in forestry, minerals and mining, real estate development, renewable
8.31energy, finance and land management, and natural resource conservation shall be
8.32appointed by the commissioner of natural resources. Members of the legislature shall be
8.33given the opportunity to recommend candidates for vacancies on the committee to the
8.34commissioners of education and natural resources. The advisory committee must also
8.35include a nonvoting member appointed by the commissioner of natural resources.
9.1    (c) The commissioner of natural resources shall provide administrative support to
9.2the committee.
9.3    (d) The members of the committee shall serve without compensation. The members
9.4of the Permanent School Fund Advisory Committee shall elect their chair and are bound
9.5by the provisions of sections 43A.38 and 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.

9.14    Sec. 11. REPEALER.
9.15Minnesota Statutes 2010, section 126C.457, is repealed.

9.16ARTICLE 2
9.17EDUCATION EXCELLENCE

9.18    Section 1. Minnesota Statutes 2010, section 13.32, subdivision 6, is amended to read:
9.19    Subd. 6. Admissions forms; remedial instruction. (a) Minnesota postsecondary
9.20education institutions, for purposes of reporting and research, may collect on the
9.211986-1987 admissions form, and disseminate to any public educational agency or
9.22institution the following data on individuals: student sex, ethnic background, age, and
9.23disabilities. The data shall not be required of any individual and shall not be used for
9.24purposes of determining the person's admission to an institution.
9.25    (b) A school district that receives information under subdivision 3, paragraph (h)
9.26from a postsecondary institution about an identifiable student shall maintain the data
9.27as educational data and use that data to conduct studies to improve instruction. Public
9.28postsecondary systems annually shall provide summary data to the Department of
9.29Education indicating the extent and content of the remedial instruction received in each
9.30system during the prior academic year by, and the results of assessment testing and the
9.31academic performance of, students who graduated from a Minnesota school district within
9.32two 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
10.4findings to the education committees of the legislature.
10.5    (c) This section supersedes any inconsistent provision of law.

10.6    Sec. 2. Minnesota Statutes 2010, section 120A.22, subdivision 11, is amended to read:
10.7    Subd. 11. Assessment of performance. (a) Each year the performance of
10.8every child who is not enrolled in a public school must be assessed using a nationally
10.9norm-referenced standardized achievement examination. The superintendent of the
10.10district in which the child receives instruction and the person in charge of the child's
10.11instruction must agree about the specific examination to be used and the administration
10.12and location of the examination or a nationally recognized college entrance exam.
10.13    (b) To the extent the examination in paragraph (a) does not provide assessment in
10.14all of the subject areas in subdivision 9, the parent must assess the child's performance
10.15in the applicable subject area. This requirement applies only to a parent who provides
10.16instruction 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
10.18child's performance on the total battery score is at or below the 30th percentile or one
10.19grade level below the performance level for children of the same age, the parent must
10.20obtain additional evaluation of the child's abilities and performance for the purpose of
10.21determining whether the child has learning problems.
10.22    (d) (b) A child receiving instruction from a nonpublic school, person, or institution
10.23that is accredited by an accrediting agency, recognized according to section 123B.445, or
10.24recognized by the commissioner, is exempt from the requirements of this subdivision.

10.25    Sec. 3. Minnesota Statutes 2010, section 120A.24, is amended to read:
10.26120A.24 REPORTING.
10.27    Subdivision 1. Reports to superintendent. (a) The person in charge of providing
10.28instruction to a child must submit the following information to the superintendent of the
10.29district 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:
11.1    (1) by October 1 of each the first school year, the name, birth date, and address
11.2of each child receiving instruction the child receives instruction after reaching the age
11.3of seven;
11.4    (2) the name of each instructor and evidence of compliance with one of the
11.5requirements 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
11.8120A.22, subdivision 10, clause (6), a quarterly report card on the achievement of the
11.9child 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
11.21subdivision.
11.22    Subd. 2. Availability of documentation. (a) The person in charge of providing
11.23instruction to a child must make available maintain documentation indicating that the
11.24subjects 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
11.26must include class schedules, copies of materials used for instruction, and descriptions of
11.27methods 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
12.2chapter 260A.
12.3    Subd. 3. Exemptions. A nonpublic school, person, or other institution that is
12.4accredited by an accrediting agency, recognized according to section 123B.445, or
12.5recognized by the commissioner, is exempt from the requirements in subdivisions 1 and
12.6subdivision 2, except for the requirement in subdivision 1, clause (1).
12.7    Subd. 4. Reports to the state. A superintendent must make an annual report to the
12.8commissioner 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
12.11receiving 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 120A.22
12.13and this section; and
12.14    (3) the number of children in clause (1) who the superintendent has determined are
12.15not in compliance with section 120A.22 and this section.
12.16    Subd. 5. Obligations. Nothing in this section alleviates the obligations under
12.17section 120A.22.

12.18    Sec. 4. Minnesota Statutes 2010, section 120A.40, is amended to read:
12.19120A.40 SCHOOL CALENDAR.
12.20    (a) Except for learning programs during summer, flexible learning year programs
12.21authorized under sections 124D.12 to 124D.127, and learning year programs under section
12.22124D.128 , a district must not commence an elementary or secondary school year before
12.23Labor Day, except as provided under paragraph (b). Days devoted to teachers' workshops
12.24may be held before Labor Day. Districts that enter into cooperative agreements are
12.25encouraged to adopt similar school calendars.
12.26    (b) A district may begin the school year on any day before Labor Day:
12.27    (1) to accommodate a construction or remodeling project of $400,000 or more
12.28affecting a district school facility;
12.29    (2) if the district has an agreement under section 123A.30, 123A.32, or 123A.35
12.30with a district that qualifies under clause (1); or
12.31    (3) if the district agrees to the same schedule with a school district in an adjoining
12.32state; or
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.

13.2    Sec. 5. Minnesota Statutes 2010, section 120B.023, subdivision 2, is amended to read:
13.3    Subd. 2. Revisions and reviews required. (a) The commissioner of education must
13.4revise and appropriately embed technology and information literacy standards consistent
13.5with recommendations from school media specialists into the state's academic standards
13.6and graduation requirements and implement a review cycle for state academic standards
13.7and 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. During
13.12each review cycle, the commissioner also must examine the alignment of each required
13.13academic standard and related benchmark with the knowledge and skills students need for
13.14college readiness and advanced work in the particular subject area.
13.15    (b) The commissioner in the 2006-2007 school year must revise and align the state's
13.16academic standards and high school graduation requirements in mathematics to require
13.17that students satisfactorily complete the revised mathematics standards, beginning in the
13.182010-2011 school year. Under the revised standards:
13.19    (1) students must satisfactorily complete an algebra I credit by the end of eighth
13.20grade; and
13.21    (2) students scheduled to graduate in the 2014-2015 school year or later must
13.22satisfactorily complete an algebra II credit or its equivalent.
13.23The commissioner also must ensure that the statewide mathematics assessments
13.24administered to students in grades 3 through 8 and 11 are aligned with the state academic
13.25standards in mathematics, consistent with section 120B.30, subdivision 1, paragraph
13.26(b). The commissioner must implement a review of the academic standards and related
13.27benchmarks in mathematics beginning in the 2015-2016 school year.
13.28    (c) The commissioner in the 2007-2008 school year must revise and align the state's
13.29academic standards and high school graduation requirements in the arts to require that
13.30students satisfactorily complete the revised arts standards beginning in the 2010-2011
13.31school year. The commissioner must implement a review of the academic standards and
13.32related benchmarks in arts beginning in the 2016-2017 school year.
13.33    (d) The commissioner in the 2008-2009 school year must revise and align the state's
13.34academic standards and high school graduation requirements in science to require that
13.35students satisfactorily complete the revised science standards, beginning in the 2011-2012
14.1school year. Under the revised standards, students scheduled to graduate in the 2014-2015
14.2school 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
14.4physics credit. The commissioner must implement a review of the academic standards and
14.5related benchmarks in science beginning in the 2017-2018 school year.
14.6    (e) The commissioner in the 2009-2010 school year must revise and align the state's
14.7academic standards and high school graduation requirements in language arts to require
14.8that students satisfactorily complete the revised language arts standards beginning in the
14.92012-2013 school year. The commissioner must implement a review of the academic
14.10standards and related benchmarks in language arts beginning in the 2018-2019 school year.
14.11    (f) The commissioner in the 2010-2011 school year must revise and align the state's
14.12academic standards and high school graduation requirements in social studies to require
14.13that students satisfactorily complete the revised social studies standards beginning in the
14.142013-2014 2014-2015 school year. The commissioner must again implement a review
14.15of the academic standards and related benchmarks in social studies beginning in the
14.162019-2020 2020-2021 school year.
14.17    (g) School districts and charter schools must revise and align local academic
14.18standards and high school graduation requirements in health, world languages, and career
14.19and technical education to require students to complete the revised standards beginning
14.20in a school year determined by the school district or charter school. School districts and
14.21charter schools must formally establish a periodic review cycle for the academic standards
14.22and 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.

14.27    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.
14.30    Subdivision 1. Definitions. For the purposes of this section and section 120B.10,
14.31the following terms have the meanings given them.
14.32    (a) "Instruction" means methods of providing learning experiences that enable a
14.33student to meet state and district academic standards and graduation requirements.
15.1    (b) "Curriculum" means district or school adopted programs and written plans for
15.2providing students with learning experiences that lead to expected knowledge and skills
15.3and college and career readiness.
15.4    Subd. 2. Adopting policies. A school board shall have in place an adopted written
15.5adopt a policy to support and improve teaching and learning that includes the following:
15.6    (1) district goals for instruction including the use of best teaching practices, district
15.7and school curriculum, and achievement for all student subgroups identified in section
15.8120B.35, subdivision 3, paragraph (b), clause (2);
15.9    (2) a process for evaluating each student's progress toward meeting state and local
15.10academic standards and identifying the strengths and weaknesses of instruction in pursuit
15.11of student and school success and curriculum affecting students' progress academic
15.12achievement and growth;
15.13    (3) a performance-based system for periodically reviewing and evaluating the
15.14effectiveness of 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;
15.17    (4) a plan for improving instruction, curriculum, and student academic achievement
15.18and growth; and
15.19    (5) an education effectiveness plan aligned with section sections 120B.023,
15.20subdivision 2, and 122A.625 that integrates high quality instruction, rigorous curriculum,
15.21and technology, and a collaborative professional culture that develops teacher quality,
15.22performance, and effectiveness.
15.23    Subd. 3. District advisory committee. Each school board shall establish an
15.24advisory committee to ensure active community participation in all phases of planning and
15.25improving the instruction and curriculum affecting state and district academic standards,
15.26consistent with subdivision 2. A district advisory committee, to the extent possible,
15.27shall reflect the diversity of the district and its learning school sites, and shall include
15.28teachers, parents, support staff, students, and other community residents. The district
15.29may establish building site teams as subcommittees of the district advisory committee
15.30under subdivision 4. The district advisory committee shall recommend to the school
15.31board rigorous academic standards, student achievement goals and measures consistent
15.32with section 120B.35, district assessments, and program evaluations. Learning School
15.33sites may expand upon district evaluations of instruction, curriculum, assessments, or
15.34programs. Whenever possible, parents and other community residents shall comprise at
15.35least two-thirds of advisory committee members.
16.1    Subd. 4. Building Site team. A school may establish a building site team to develop
16.2and implement an education effectiveness plan to improve instruction, curriculum,
16.3and student achievement at the school site, consistent with subdivision 2. The team
16.4shall advise the board and the advisory committee about developing an instruction and
16.5curriculum improvement plan that aligns curriculum, assessment of student progress in
16.6meeting state and district academic standards, and instruction.
16.7    Subd. 5. Local report. (a) By October 1 of each year, the school board shall use
16.8standard statewide reporting procedures the commissioner develops and adopt a report
16.9that 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
16.13under section 122A.60;
16.14    (4) information about district and learning site progress in realizing previously
16.15adopted improvement plans; and
16.16    (5) the amount and type of revenue attributed to each education site as defined
16.17in section 123B.04.
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 report about
16.20student achievement goals, local assessment outcomes, plans for improving curriculum
16.21and instruction, and success in realizing previously adopted improvement plans in the
16.22local newspaper with the largest circulation in the district, by mail, or by electronic means
16.23such as the district Web site. If electronic means are used, school districts must publish
16.24notice of the report in a periodical of general circulation in the district. School districts
16.25must 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
16.27read "Annual Report on Curriculum, Instruction, and Student Achievement." The report
16.28must 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
16.30expires;
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
16.33committee.
16.34    Subd. 6. Student evaluation. The school board annually shall provide high school
16.35graduates or GED recipients who receive received a diploma or its equivalent from the
17.1school district within the two previous school years with an opportunity to report to the
17.2board by electronic means on the following:
17.3    (1) the quality of district instruction, curriculum, and services; and
17.4    (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.
17.10    Subd. 7. Periodic report. Each school district shall periodically ask affected
17.11constituencies about their level of satisfaction with school. The district shall include the
17.12results of this evaluation in the report required under subdivision 5.
17.13    Subd. 8. Biennial evaluation; assessment program. At least once every two years,
17.14the district report under subdivision 5 shall include an evaluation of the effectiveness of
17.15district 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.

17.22    Sec. 7. Minnesota Statutes 2010, section 120B.12, is amended to read:
17.23120B.12 READING INTERVENTION PROFICIENTLY NO LATER THAN
17.24THE END OF GRADE 3.
17.25    Subdivision 1. Literacy goal. The legislature seeks to have Minnesota's children
17.26able 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.
17.29    Subd. 2. Identification; report. For the 2002-2003 2011-2012 school year and
17.30later, each school district shall identify before the end of first kindergarten, grade 1, and
17.31grade 2 students who are at risk of not learning to read not reading at grade level before
17.32the 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
18.1locally adopted assessment method. The district must and annually report the summary
18.2assessment results 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
18.5information about:
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.
18.10    Subd. 3. Intervention. For each student identified under subdivision 2, the district
18.11shall provide 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 learning to
18.13read no later than reading at or above grade level by the end of second the current grade
18.14and school year. District intervention methods shall encourage parental involvement
18.15and, where possible, collaboration with appropriate school and community programs.
18.16Intervention methods may include, but are not limited to, requiring attendance in summer
18.17school and, intensified reading instruction that may require that the student be removed
18.18from the regular classroom for part of the school day or extended-day programs.
18.19    Subd. 4. Staff development. Each district shall use the data under subdivision 2
18.20to identify the staff development needs to ensure so that:
18.21(1) elementary teachers are able to implement comprehensive, scientifically
18.22based, and balanced reading instruction programs that have resulted in improved
18.23student 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;
18.26(2) elementary teachers who are instructing students identified under subdivision
18.272 are prepared to teach have sufficient training to provide comprehensive, scientifically
18.28based reading instruction using the intervention methods or programs selected by the
18.29district for the identified students; and
18.30(3) all licensed teachers employed by the district have regular opportunities to
18.31improve 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
18.34language learners.
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.
19.5    Subd. 5. Commissioner. The commissioner shall recommend to districts multiple
19.6assessment tools that will to assist districts and teachers with identifying students under
19.7subdivision 2. The commissioner shall also make available to districts examples of
19.8nationally recognized and research-based instructional methods or programs that to
19.9districts may use to provide comprehensive, scientifically based reading instruction and
19.10intervention according to under this section.

19.11    Sec. 8. Minnesota Statutes 2010, section 120B.30, subdivision 1, is amended to read:
19.12    Subdivision 1. Statewide testing. (a) The commissioner, with advice from experts
19.13with appropriate technical qualifications and experience and stakeholders, consistent with
19.14subdivision 1a, shall include in the comprehensive assessment system, for each grade
19.15level to be tested, state-constructed tests developed from and aligned with the state's
19.16required academic standards under section 120B.021, include multiple choice questions,
19.17and be administered annually to all students in grades 3 through 8. State-developed high
19.18school tests aligned with the state's required academic standards under section 120B.021
19.19and administered to all high school students in a subject other than writing must include
19.20multiple choice questions. The commissioner shall establish one or more months during
19.21which schools shall administer the tests to students each school year. For students enrolled
19.22in grade 8 before the 2005-2006 school year, Minnesota basic skills tests in reading,
19.23mathematics, and writing shall fulfill students' basic skills testing requirements for a
19.24passing state notation. The passing scores of basic skills tests in reading and mathematics
19.25are the equivalent of 75 percent correct for students entering grade 9 based on the first
19.26uniform test administered in February 1998. Students who have not successfully passed
19.27a Minnesota basic skills test by the end of the 2011-2012 school year must pass the
19.28graduation-required assessments for diploma under paragraph (c).
19.29(b) The state assessment system must be aligned to the most recent revision of
19.30academic standards as described in section 120B.023 in the following manner:
19.31(1) mathematics;
19.32(i) grades 3 through 8 beginning in the 2010-2011 school year; and
19.33(ii) high school level beginning in the 2013-2014 school year;
19.34(2) science; grades 5 and 8 and at the high school level beginning in the 2011-2012
19.35school year; and
20.1(3) language arts and reading; grades 3 through 8 and high school level beginning in
20.2the 2012-2013 school year.
20.3    (c) For students enrolled in grade 8 in the 2005-2006 school year and later, only the
20.4following options shall fulfill students' state graduation test requirements:
20.5    (1) for reading and mathematics:
20.6    (i) obtaining an achievement level equivalent to or greater than proficient as
20.7determined through a standard setting process on the Minnesota comprehensive
20.8assessments in grade 10 for reading and grade 11 for mathematics or achieving a passing
20.9score as determined through a standard setting process on the graduation-required
20.10assessment for diploma in grade 10 for reading and grade 11 for mathematics or
20.11subsequent retests;
20.12    (ii) achieving a passing score as determined through a standard setting process on the
20.13state-identified language proficiency test in reading and the mathematics test for English
20.14language learners or the graduation-required assessment for diploma equivalent of those
20.15assessments for students designated as English language learners;
20.16    (iii) achieving an individual passing score on the graduation-required assessment
20.17for diploma as determined by appropriate state guidelines for students with an individual
20.18education plan or 504 plan;
20.19    (iv) obtaining achievement level equivalent to or greater than proficient as
20.20determined through a standard setting process on the state-identified alternate assessment
20.21or assessments in grade 10 for reading and grade 11 for mathematics for students with
20.22an individual education plan; or
20.23    (v) achieving an individual passing score on the state-identified alternate assessment
20.24or assessments as determined by appropriate state guidelines for students with an
20.25individual education plan; and
20.26    (2) for writing:
20.27    (i) achieving a passing score on the graduation-required assessment for diploma;
20.28    (ii) achieving a passing score as determined through a standard setting process on
20.29the state-identified language proficiency test in writing for students designated as English
20.30language learners;
20.31    (iii) achieving an individual passing score on the graduation-required assessment
20.32for diploma as determined by appropriate state guidelines for students with an individual
20.33education plan or 504 plan; or
20.34    (iv) achieving an individual passing score on the state-identified alternate assessment
20.35or assessments as determined by appropriate state guidelines for students with an
20.36individual education plan.
21.1    (d) Students enrolled in grade 8 in any school year from the 2005-2006 school
21.2year to the 2009-2010 school year who do not pass the mathematics graduation-required
21.3assessment for diploma under paragraph (c) are eligible to receive a high school diploma
21.4if they:
21.5(1) complete with a passing score or grade all state and local coursework and credits
21.6required for graduation by the school board granting the students their diploma;
21.7(2) participate in district-prescribed academic remediation in mathematics; and
21.8    (3) fully participate in at least two retests of the mathematics GRAD test or until
21.9they pass the mathematics GRAD test, whichever comes first. A school, district, or
21.10charter school must place on the high school transcript a student's highest current pass
21.11status for each subject that has a required graduation assessment score for each of the
21.12following assessments on the student's high school transcript: the mathematics Minnesota
21.13Comprehensive Assessment, reading Minnesota Comprehensive Assessment, and writing
21.14Graduation-Required Assessment for Diploma, and when applicable, the mathematics
21.15Graduation-Required Assessment for Diploma and reading Graduation-Required
21.16Assessment for Diploma.
21.17In addition, the school board granting the students their diplomas may formally
21.18decide to include a notation of high achievement on the high school diplomas of those
21.19graduating seniors who, according to established school board criteria, demonstrate
21.20exemplary academic achievement during high school.
21.21(e) The 3rd through 8th grade and high school test results shall be available to
21.22districts for diagnostic purposes affecting student learning and district instruction and
21.23curriculum, and for establishing educational accountability. The commissioner must
21.24disseminate to the public the high school test results upon receiving those results.
21.25    (f) The 3rd through 8th grade and high school tests must be aligned with state
21.26academic standards. The commissioner shall determine the testing process and the order
21.27of administration. The statewide results shall be aggregated at the site and district level,
21.28consistent with subdivision 1a.
21.29    (g) In addition to the testing and reporting requirements under this section, the
21.30commissioner shall include the following components in the statewide public reporting
21.31system:
21.32    (1) uniform statewide testing of all students in grades 3 through 8 and at the high
21.33school level that provides appropriate, technically sound accommodations or alternate
21.34assessments;
22.1    (2) educational indicators that can be aggregated and compared across school
22.2districts and across time on a statewide basis, including average daily attendance, high
22.3school graduation rates, and high school drop-out rates by age and grade level;
22.4    (3) state results on the American College Test; and
22.5    (4) state results from participation in the National Assessment of Educational
22.6Progress so that the state can benchmark its performance against the nation and other
22.7states, and, where possible, against other countries, and contribute to the national effort
22.8to monitor achievement.

22.9    Sec. 9. Minnesota Statutes 2010, section 120B.30, subdivision 3, is amended to read:
22.10    Subd. 3. Reporting. The commissioner shall report test data results publicly and
22.11to stakeholders, including the performance achievement levels developed from students'
22.12unweighted test scores in each tested subject and a listing of demographic factors that
22.13strongly 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.
22.15The commissioner shall also report data that compares performance results among school
22.16sites, school districts, Minnesota and other states, and Minnesota and other nations. The
22.17commissioner shall disseminate to schools and school districts a more comprehensive
22.18report containing testing information that meets local needs for evaluating instruction and
22.19curriculum. 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.

22.23    Sec. 10. Minnesota Statutes 2010, section 120B.30, subdivision 4, is amended to read:
22.24    Subd. 4. Access to tests. Consistent with section 13.34, the commissioner must
22.25adopt and publish a policy to provide public and parental access for review of basic skills
22.26tests, Minnesota Comprehensive Assessments, or any other such statewide test and
22.27assessment which would not compromise the objectivity or fairness of the testing or
22.28examination process. Upon receiving a written request, the commissioner must make
22.29available to parents or guardians a copy of their student's actual responses to the test
22.30questions for their review.

22.31    Sec. 11. Minnesota Statutes 2010, section 120B.31, subdivision 4, is amended to read:
22.32    Subd. 4. Statistical adjustments; Student performance data. In developing
22.33policies and assessment processes to hold schools and districts accountable for high levels
23.1of academic standards under section 120B.021, the commissioner shall aggregate student
23.2data over time to report student performance and growth levels measured at the school,
23.3school district, and statewide level. When collecting and reporting the performance data,
23.4the commissioner shall: (1) acknowledge the impact of significant demographic factors
23.5such as residential instability, the number of single parent families, parents' level of
23.6education, and parents' income level on school outcomes; and (2) organize and report the
23.7data so that state and local policy makers can understand the educational implications
23.8of changes in districts' demographic profiles over time. Any report the commissioner
23.9disseminates containing summary data on student performance must integrate student
23.10performance and the demographic factors that strongly correlate with that performance.

23.11    Sec. 12. Minnesota Statutes 2010, section 120B.36, subdivision 1, is amended to read:
23.12    Subdivision 1. School performance report cards. (a) The commissioner
23.13shall report student academic performance under section 120B.35, subdivision 2; the
23.14percentages of students showing low, medium, and high growth under section 120B.35,
23.15subdivision 3
, paragraph (b); school safety and student engagement and connection
23.16under section 120B.35, subdivision 3, paragraph (d); rigorous coursework under section
23.17120B.35, subdivision 3 , paragraph (c); two separate student-to-teacher ratios that clearly
23.18indicate the definition of teacher consistent with sections 122A.06 and 122A.15 for
23.19purposes of determining these ratios; staff characteristics excluding salaries; student
23.20enrollment demographics; district mobility; and extracurricular activities. The report also
23.21must indicate a school's adequate yearly progress status, and must not set any designations
23.22applicable to high- and low-performing schools due solely to adequate yearly progress
23.23status.
23.24    (b) The commissioner shall develop, annually update, and post on the department
23.25Web site school performance report cards.
23.26    (c) The commissioner must make available performance report cards by the
23.27beginning of each school year.
23.28    (d) A school or district may appeal its adequate yearly progress status in writing to
23.29the commissioner within 30 days of receiving the notice of its status. The commissioner's
23.30decision to uphold or deny an appeal is final.
23.31    (e) School performance report card data are nonpublic data under section 13.02,
23.32subdivision 9
, until not later than ten days after the appeal procedure described in
23.33paragraph (d) concludes the commissioner publicly releases the data. The department
23.34commissioner shall annually post school performance report cards to its the department's
23.35public 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.

24.3    Sec. 13. Minnesota Statutes 2010, section 120B.36, subdivision 2, is amended to read:
24.4    Subd. 2. Adequate yearly progress and other data. All data the department
24.5receives, collects, or creates to determine adequate yearly progress status under Public
24.6Law 107-110, section 1116, set state growth targets, and determine student growth are
24.7nonpublic data under section 13.02, subdivision 9, until not later than ten days after the
24.8appeal procedure described in subdivision 1, paragraph (d), concludes the commissioner
24.9publicly releases the data. Districts must provide parents sufficiently detailed summary
24.10data to permit parents to appeal under Public Law 107-110, section 1116(b)(2). The
24.11department commissioner shall annually post federal adequate yearly progress data and
24.12state student growth data to its the department's public Web site no later than September
24.131, 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.

24.16    Sec. 14. Minnesota Statutes 2010, section 121A.15, subdivision 8, is amended to read:
24.17    Subd. 8. Report. The administrator or other person having general control and
24.18supervision of the elementary or secondary school shall file a report with the commissioner
24.19on all persons enrolled in the school. The superintendent of each district shall file a report
24.20with the commissioner for all persons within the district receiving instruction in a home
24.21school in compliance with sections 120A.22 and 120A.24. The parent of persons receiving
24.22instruction in a home school shall submit the statements as required by subdivisions 1, 2,
24.233, and 4, and 12 to the superintendent of the district in which the person resides by October
24.241 of each school year the first year of their homeschooling in Minnesota and the grade 7
24.25year. The school report must be prepared on forms developed jointly by the commissioner
24.26of health and the commissioner of education and be distributed to the local districts by the
24.27commissioner of health. The school report must state the number of persons attending the
24.28school, the number of persons who have not been immunized according to subdivision 1 or
24.292, and the number of persons who received an exemption under subdivision 3, clause (c)
24.30or (d). The school report must be filed with the commissioner of education within 60 days
24.31of the commencement of each new school term. Upon request, a district must be given a
24.3260-day extension for filing the school report. The commissioner of education shall forward
24.33the report, or a copy thereof, to the commissioner of health who shall provide summary
24.34reports to boards of health as defined in section 145A.02, subdivision 2. The administrator
25.1or other person having general control and supervision of the child care facility shall file a
25.2report with the commissioner of human services on all persons enrolled in the child care
25.3facility. The child care facility report must be prepared on forms developed jointly by
25.4the commissioner of health and the commissioner of human services and be distributed
25.5to child care facilities by the commissioner of health. The child care facility report
25.6must state the number of persons enrolled in the facility, the number of persons with no
25.7immunizations, the number of persons who received an exemption under subdivision 3,
25.8clause (c) or (d), and the number of persons with partial or full immunization histories.
25.9The child care facility report must be filed with the commissioner of human services by
25.10November 1 of each year. The commissioner of human services shall forward the report,
25.11or a copy thereof, to the commissioner of health who shall provide summary reports to
25.12boards of health as defined in section 145A.02, subdivision 2. The report required by this
25.13subdivision is not required of a family child care or group family child care facility, for
25.14prekindergarten children enrolled in any elementary or secondary school provided services
25.15according to sections 125A.05 and 125A.06, nor for child care facilities in which at least
25.1675 percent of children in the facility participate on a onetime only or occasional basis to a
25.17maximum of 45 hours per child, per month.

25.18    Sec. 15. Minnesota Statutes 2010, section 122A.14, subdivision 3, is amended to read:
25.19    Subd. 3. Rules for continuing education requirements. The board shall
25.20adopt rules establishing continuing education requirements that promote continuous
25.21improvement 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.

25.27    Sec. 16. Minnesota Statutes 2010, section 122A.16, as amended by Laws 2011, chapter
25.285, section 2, is amended to read:
25.29122A.16 HIGHLY QUALIFIED TEACHER DEFINED.
25.30(a) A qualified teacher is one holding a valid license, under this chapter, to perform
25.31the particular service for which the teacher is employed in a public school.
25.32(b) For the purposes of the federal No Child Left Behind Act, a highly qualified
25.33teacher is one who holds a valid license under this chapter, including under section
26.1122A.245 , among other sections, to perform the particular service for which the teacher is
26.2employed in a public school or who meets the requirements of a highly objective uniform
26.3state 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.
26.7All Minnesota teachers teaching in a core academic subject area, as defined by the
26.8federal No Child Left Behind Act, in which they are not fully licensed may complete the
26.9following HOUSSE process in the core subject area for which the teacher is requesting
26.10highly qualified status by completing an application, in the form and manner described by
26.11the commissioner, that includes:
26.12(1) documentation of student achievement as evidenced by norm-referenced test
26.13results that are objective and psychometrically valid and reliable;
26.14(2) evidence of local, state, or national activities, recognition, or awards for
26.15professional contribution to achievement;
26.16(3) description of teaching experience in the teachers' core subject area in a public
26.17school under a waiver, variance, limited license or other exception; nonpublic school; and
26.18postsecondary 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
26.21Teaching 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
26.24activities.
26.25Districts must assign a school administrator to serve as a HOUSSE reviewer to
26.26meet with teachers under this paragraph and, where appropriate, certify the teachers'
26.27applications. Teachers satisfy the definition of highly qualified when the teachers receive
26.28at least 100 of the total number of points used to measure the teachers' content expertise
26.29under clauses (1) to (7). Teachers may acquire up to 50 points only in any one clause (1)
26.30to (7). Teachers may use the HOUSSE process to satisfy the definition of highly qualified
26.31for more than one subject area.
26.32(c) Achievement of the HOUSSE criteria is not equivalent to a license. A teacher
26.33must 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
26.35later.

27.1    Sec. 17. Minnesota Statutes 2010, section 122A.40, subdivision 5, is amended to read:
27.2    Subd. 5. Probationary period. (a) The first three consecutive years of a teacher's
27.3first teaching experience in Minnesota in a single district is deemed to be a probationary
27.4period of employment, and after completion thereof, the probationary period in each
27.5district in which the teacher is thereafter employed also shall be 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
27.10another district. The school board must adopt a plan for written evaluation of teachers
27.11during the probationary period. Evaluation must occur at least three times periodically
27.12throughout each school year for a teacher performing services on 120 or more school
27.13days, at least two times each year for a teacher performing services on 60 to 119 school
27.14days, and at least one time each year for a teacher performing services on fewer than
27.1560 school days during that school year. Days devoted to parent-teacher conferences,
27.16teachers' workshops, and other staff development opportunities and days on which a
27.17teacher is absent from school must not be included in determining the number of school
27.18days on which a teacher performs services. Except as otherwise provided in paragraph (b),
27.19during the probationary period any annual contract with any teacher may or may not be
27.20renewed as the school board shall see fit. However, the board must give any such teacher
27.21whose contract it declines to renew for the following school year written notice to that
27.22effect before July June 1. If the teacher requests reasons for any nonrenewal of a teaching
27.23contract, the board must give the teacher its reason in writing, including a statement
27.24that appropriate supervision was furnished describing the nature and the extent of such
27.25supervision furnished the teacher during the employment by the board, within ten days
27.26after receiving such request. The school board may, after a hearing held upon due notice,
27.27discharge a teacher during the probationary period for cause, effective immediately,
27.28under section 122A.44.
27.29(b) A board must discharge a probationary teacher, effective immediately, upon
27.30receipt of notice under section 122A.20, subdivision 1, paragraph (b), that the teacher's
27.31license has been revoked due to a conviction for child abuse or sexual abuse.
27.32(c) A probationary teacher whose first three years of consecutive employment in
27.33a district are interrupted for active military service and who promptly resumes teaching
27.34consistent with federal reemployment timelines for uniformed service personnel under
27.35United States Code, title 38, section 4312(e), is considered to have a consecutive teaching
27.36experience for purposes of paragraph (a).
28.1(d) A probationary teacher must complete at least 60 120 days of teaching service
28.2each year during the probationary period. Days devoted to parent-teacher conferences,
28.3teachers' workshops, and other staff development opportunities and days on which a
28.4teacher 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.

28.7    Sec. 18. Minnesota Statutes 2010, section 122A.40, is amended by adding a
28.8subdivision 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
28.18not promoted.
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.

28.22    Sec. 19. Minnesota Statutes 2010, section 122A.40, subdivision 11, is amended to read:
28.23    Subd. 11. Unrequested leave of absence. (a) The board may place on unrequested
28.24leave of absence, without pay or fringe benefits, as many teachers as may be necessary
28.25because of discontinuance of position, lack of pupils, financial limitations, or merger of
28.26classes caused by consolidation of districts. The unrequested leave is effective at the close
28.27of 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
29.4the inverse order of their employment. A teacher who has acquired continuing contract
29.5rights must not be placed on unrequested leave of absence while probationary teachers
29.6are retained in positions for which the teacher who has acquired continuing contract
29.7rights is licensed;.
29.8(b) (c) Teachers who have acquired continuing contract rights shall be placed on
29.9unrequested leave of absence in fields in which they are licensed in the inverse order
29.10in which they were employed by the school district. In the case of equal seniority, the
29.11order in which teachers who have acquired continuing contract rights shall be placed on
29.12unrequested 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
29.14entitled to exercise any seniority when that exercise results in that teacher being retained
29.15by the district in a field for which the teacher holds only a provisional license, as defined
29.16by the board of teaching, unless that exercise of seniority results in the placement on
29.17unrequested leave of absence of another teacher who also holds a provisional license in the
29.18same field. The provisions of this clause do not apply to vocational education licenses;.
29.19(d) (e) Notwithstanding clauses (a), (b) and (c) paragraphs (b), (c), and (d), if the
29.20placing of a probationary teacher on unrequested leave before a teacher who has acquired
29.21continuing rights, the placing of a teacher who has acquired continuing contract rights
29.22on unrequested leave before another teacher who has acquired continuing contract rights
29.23but who has greater seniority, or the restriction imposed by the provisions of clause (c)
29.24paragraph (d) would place the district in violation of its affirmative action program,
29.25the district may retain the probationary teacher, the teacher with less seniority, or the
29.26provisionally licensed teacher;.
29.27(e) (f) Teachers placed on unrequested leave of absence must be reinstated to
29.28the positions from which they have been given leaves of absence or, if not available,
29.29to other available positions in the school district in fields in which they are licensed.
29.30Reinstatement must be in the inverse order of placement on leave of absence. A teacher
29.31must not be reinstated to a position in a field in which the teacher holds only a provisional
29.32license, other than a vocational education license, while another teacher who holds a
29.33nonprovisional license in the same field remains on unrequested leave. The order of
29.34reinstatement of teachers who have equal seniority and who are placed on unrequested
29.35leave 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
30.2unrequested leave, a teacher who is properly licensed to fill such vacancy, unless the
30.3teacher fails to advise the school board within 30 days of the date of notification that a
30.4position is available to that teacher who may return to employment and assume the duties
30.5of 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
30.7or any other occupation during the period of this leave;.
30.8(h) (i) The unrequested leave of absence must not impair the continuing contract
30.9rights 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
30.11leave of absence and who is not reinstated shall continue for a period of five years, after
30.12which the right to reinstatement shall terminate. The teacher's right to reinstatement shall
30.13also terminate if the teacher fails to file with the board by April 1 of any year a written
30.14statement requesting reinstatement;.
30.15(j) (k) The same provisions applicable to terminations of probationary or continuing
30.16contracts in subdivisions 5 and 7 must apply to placement on unrequested leave of
30.17absence;.
30.18(k) (l) Nothing in this subdivision shall be construed to impair the rights of teachers
30.19placed on unrequested leave of absence to receive unemployment benefits if otherwise
30.20eligible.
30.21EFFECTIVE DATE.This section is effective June 30, 2011, and applies to all
30.22collective bargaining agreements ratified or modified after that date.

30.23    Sec. 20. Minnesota Statutes 2010, section 122A.41, subdivision 1, is amended to read:
30.24    Subdivision 1. Words, terms, and phrases. Unless the language or context clearly
30.25indicates that a different meaning is intended, the following words, terms, and phrases, for
30.26the purposes of the following subdivisions in this section shall be defined as follows:
30.27(a) Teachers. The term "teacher" includes every person regularly employed, as a
30.28principal, or to give instruction in a classroom, or to superintend or supervise classroom
30.29instruction, or as placement teacher and visiting teacher. Persons regularly employed as
30.30counselors and school librarians shall be covered by these sections as teachers if licensed
30.31as teachers or as school librarians.
30.32(b) School board. The term "school board" includes a majority in membership
30.33of any and all boards or official bodies having the care, management, or control over
30.34public schools.
31.1(c) Demote. The word "demote" means to reduce in rank or to transfer to a lower
31.2branch of the service or to a position carrying a lower salary or the compensation a person
31.3actually receives in the new position.
31.4(d) Nonprovisional license. For purposes of this section, "nonprovisional license"
31.5shall mean an entrance, continuing, or life license.
31.6EFFECTIVE DATE.This section is effective the day following final enactment.

31.7    Sec. 21. Minnesota Statutes 2010, section 122A.41, subdivision 2, is amended to read:
31.8    Subd. 2. Probationary period; discharge or demotion. (a) All teachers in
31.9the public schools in cities of the first class during the first three years of consecutive
31.10employment shall be deemed to be in a probationary period of employment during which
31.11period any annual contract with any teacher may, or may not, be renewed as the school
31.12board, after consulting with the peer review committee charged with evaluating the
31.13probationary teachers under subdivision 3, shall see fit. The school site management team
31.14or the school board if there is no school site management team, shall adopt a plan for a
31.15written evaluation of teachers during the probationary period according to subdivision
31.163. Evaluation by the peer review committee charged with evaluating probationary
31.17teachers under subdivision 3 shall occur at least three times periodically throughout each
31.18school year for a teacher performing services on 120 or more school days, at least two
31.19times each year for a teacher performing services on 60 to 119 school days, and at least
31.20one time each year for a teacher performing services on fewer than 60 school days. Days
31.21devoted to parent-teacher conferences, teachers' workshops, and other staff development
31.22opportunities and days on which a teacher is absent from school shall not be included in
31.23determining the number of school days on which a teacher performs services. The school
31.24board may, during such probationary period, discharge or demote a teacher for any of the
31.25causes as specified in this code. A written statement of the cause of such discharge or
31.26demotion shall be given to the teacher by the school board at least 30 days before such
31.27removal or demotion shall become effective, and the teacher so notified shall have no
31.28right of appeal therefrom.
31.29(b) A probationary teacher whose first three years of consecutive employment are
31.30interrupted for active military service and who promptly resumes teaching consistent with
31.31federal reemployment timelines for uniformed service personnel under United States
31.32Code, title 38, section 4312(e), is considered to have a consecutive teaching experience
31.33for purposes of paragraph (a).
31.34(c) A probationary teacher must complete at least 60 120 days of teaching service
31.35each year during the probationary period. Days devoted to parent-teacher conferences,
32.1teachers' workshops, and other staff development opportunities and days on which a
32.2teacher 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.

32.4    Sec. 22. Minnesota Statutes 2010, section 122A.41, subdivision 5a, is amended to read:
32.5    Subd. 5a. Probationary period for principals hired internally. A board and the
32.6exclusive representative of the school principals in the district may negotiate a plan for A
32.7probationary period of up to two school years is required for licensed teachers employed
32.8by the board who are subsequently employed by the board as a licensed school principal or
32.9assistant principal and an additional probationary period of up to two years is required for
32.10licensed assistant principals employed by the board who are subsequently employed by
32.11the 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.

32.17    Sec. 23. Minnesota Statutes 2010, section 122A.41, subdivision 10, is amended to read:
32.18    Subd. 10. Decision, when rendered. The hearing must be concluded and a decision
32.19in writing, stating the grounds on which it is based, rendered within 25 days after giving of
32.20such notice. Where the hearing is before a school board the teacher may be discharged
32.21or demoted upon the affirmative vote of a majority of the members of the board. If the
32.22charges, or any of such, are found to be true, the board conducting the hearing must
32.23discharge, demote, or suspend the teacher, as seems to be for the best interest of the school.
32.24A 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
32.26before the close of the school sessions of such school year.
32.27EFFECTIVE DATE.This section is effective the day following final enactment.

32.28    Sec. 24. Minnesota Statutes 2010, section 122A.41, subdivision 14, is amended to read:
32.29    Subd. 14. Services terminated by discontinuance or lack of pupils; preference
32.30given. (a) A teacher whose services are terminated on account of discontinuance of
32.31position or lack of pupils must receive first consideration for other positions in the district
32.32for which that teacher is qualified. In the event it becomes necessary to discontinue
33.1one 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
33.3be discontinued in any department in the inverse order in which they were employed,
33.4unless a board and the exclusive representative of teachers in the district negotiate a
33.5plan 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
33.11was employed.
33.12(b) (c) Notwithstanding the provisions of clause (a), a teacher is not entitled to
33.13exercise any seniority when that exercise results in that teacher being retained by the
33.14district in a field for which the teacher holds only a provisional license, as defined by the
33.15Board of Teaching, unless that exercise of seniority results in the termination of services,
33.16on account of discontinuance of position or lack of pupils, of another teacher who also
33.17holds a provisional license in the same field. The provisions of this clause do not apply
33.18to vocational education licenses.
33.19(c) (d) Notwithstanding the provisions of clause (a), a teacher must not be reinstated
33.20to a position in a field in which the teacher holds only a provisional license, other than a
33.21vocational education license, while another teacher who holds a nonprovisional license in
33.22the same field is available for reinstatement.

33.23    Sec. 25. Minnesota Statutes 2010, section 123B.143, subdivision 1, is amended to read:
33.24    Subdivision 1. Contract; duties. All districts maintaining a classified secondary
33.25school must employ a superintendent who shall be an ex officio nonvoting member of the
33.26school board. The authority for selection and employment of a superintendent must be
33.27vested in the board in all cases. An individual employed by a board as a superintendent
33.28shall have an initial employment contract for a period of time no longer than three years
33.29from the date of employment. Any subsequent employment contract must not exceed a
33.30period of three years. A board, at its discretion, may or may not renew an employment
33.31contract. A board must not, by action or inaction, extend the duration of an existing
33.32employment contract. Beginning 365 days prior to the expiration date of an existing
33.33employment contract, a board may negotiate and enter into a subsequent employment
33.34contract to take effect upon the expiration of the existing contract. A subsequent contract
33.35must be contingent upon the employee completing the terms of an existing contract. If a
34.1contract between a board and a superintendent is terminated prior to the date specified in
34.2the contract, the board may not enter into another superintendent contract with that same
34.3individual that has a term that extends beyond the date specified in the terminated contract.
34.4A board may terminate a superintendent during the term of an employment contract for any
34.5of the grounds specified in section 122A.40, subdivision 9 or 13. A superintendent shall
34.6not rely upon an employment contract with a board to assert any other continuing contract
34.7rights in the position of superintendent under section 122A.40. Notwithstanding the
34.8provisions of sections 122A.40, subdivision 10 or 11, 123A.32, 123A.75, or any other law
34.9to the contrary, no individual shall have a right to employment as a superintendent based
34.10on order of employment in any district. If two or more districts enter into an agreement for
34.11the purchase or sharing of the services of a superintendent, the contracting districts have
34.12the absolute right to select one of the individuals employed to serve as superintendent
34.13in one of the contracting districts and no individual has a right to employment as the
34.14superintendent to provide all or part of the services based on order of employment in a
34.15contracting district. The superintendent of a district shall perform the following:
34.16    (1) visit and supervise the schools in the district, report and make recommendations
34.17about their condition when advisable or on request by the board;
34.18    (2) recommend to the board employment and dismissal of teachers;
34.19    (3) annually evaluate each school principal assigned responsibility for supervising
34.20a school building within the district, consistent with section 123B.147, subdivision 3,
34.21paragraph (b);
34.22    (4) superintend school grading practices and examinations for promotions;
34.23    (4) (5) make reports required by the commissioner; and
34.24    (5) (6) perform other duties prescribed by the board.
34.25EFFECTIVE DATE.This section is effective for the 2013-2014 school year and
34.26later.

34.27    Sec. 26. Minnesota Statutes 2010, section 123B.147, subdivision 3, is amended to read:
34.28    Subd. 3. Duties; evaluation. (a) The principal shall provide administrative,
34.29supervisory, and instructional leadership services, under the supervision of the
34.30superintendent of schools of the district and in accordance with according to the policies,
34.31rules, and regulations of the school board of education, for the planning, management,
34.32operation, and evaluation of the education program of the building or buildings to which
34.33the 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
35.17success;
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
35.22culture.
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
35.27later.

35.28    Sec. 27. Minnesota Statutes 2010, section 124D.091, subdivision 2, is amended to read:
35.29    Subd. 2. Eligibility. A district that offers a concurrent enrollment course according
35.30to an agreement under section 124D.09, subdivision 10, is eligible to receive aid for the
35.31costs of providing postsecondary courses at the high school. Beginning in fiscal year 2011,
35.32districts only are eligible for aid if the college or university concurrent enrollment courses
35.33offered by the district are accredited by the National Alliance of Concurrent Enrollment
35.34Partnership, in the process of being accredited, or are shown by clear evidence to be of
35.35comparable 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.

36.3    Sec. 28. Minnesota Statutes 2010, section 124D.10, is amended to read:
36.4124D.10 CHARTER SCHOOLS.
36.5    Subdivision 1. Purposes. (a) The purpose of this section is to:
36.6    (1) improve pupil learning and student achievement;
36.7    (2) increase learning opportunities for pupils;
36.8    (3) encourage the use of different and innovative teaching methods;
36.9    (4) measure learning outcomes and create different and innovative forms of
36.10measuring outcomes;
36.11    (5) establish new forms of accountability for schools; and
36.12    (6) create new professional opportunities for teachers, including the opportunity to
36.13be responsible for the learning program at the school site.
36.14    (b) This section does not provide a means to keep open a school that otherwise would
36.15be closed or to reestablish a school that has been closed. Applicants in these circumstances
36.16bear the burden of proving that conversion to a charter school or establishment of a new
36.17charter school fulfills the purposes specified in this subdivision, independent of the
36.18school'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.
36.26    An authorizer shall not approve an application submitted by a charter school
36.27developer under subdivision 4, paragraph (a), if the application does not comply with this
36.28subdivision. The commissioner shall not approve an affidavit submitted by an authorizer
36.29under subdivision 4, paragraph (b), if the affidavit does not comply with this subdivision.
36.30    Subd. 2. Applicability. This section applies only to charter schools formed and
36.31operated under this section.
36.32    Subd. 3. Authorizer. (a) For purposes of this section, the terms defined in this
36.33subdivision have the meanings given them.
37.1    "Application" to receive approval as an authorizer means the proposal an eligible
37.2authorizer submits to the commissioner under paragraph (c) before that authorizer is able
37.3to submit any affidavit to charter to a school.
37.4    "Application" under subdivision 4 means the charter school business plan a
37.5school developer submits to an authorizer for approval to establish a charter school that
37.6documents the school developer's mission statement, school purposes, program design,
37.7financial plan, governance and management structure, and background and experience,
37.8plus any other information the authorizer requests. The application also shall include a
37.9"statement of assurances" of legal compliance prescribed by the commissioner.
37.10    "Affidavit" means a written statement the authorizer submits to the commissioner
37.11for approval to establish a charter school under subdivision 4 attesting to its review and
37.12approval process before chartering a school.
37.13    "Affidavit" means the form an authorizer submits to the commissioner that is a
37.14precondition to a charter school organizing an affiliated nonprofit building corporation
37.15under subdivision 17a.
37.16    (b) The following organizations may authorize one or more charter schools:
37.17    (1) a school board; intermediate school district school board; education district
37.18organized under sections 123A.15 to 123A.19;
37.19    (2) a charitable organization under section 501(c)(3) of the Internal Revenue Code
37.20of 1986, excluding a nonpublic sectarian or religious institution, any person other than a
37.21natural person that directly or indirectly, through one or more intermediaries, controls,
37.22is controlled by, or is under common control with the nonpublic sectarian or religious
37.23institution, and any other charitable organization under this clause that in the federal IRS
37.24Form 1023, Part IV, describes activities indicating a religious purpose, that:
37.25    (i) is a member of the Minnesota Council of Nonprofits or the Minnesota Council on
37.26Foundations;
37.27    (ii) is registered with the attorney general's office; and
37.28    (iii) reports an end-of-year fund balance of at least $2,000,000; and
37.29    (iv) 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;
37.31    (3) a Minnesota private college, notwithstanding clause (2), that grants two- or
37.32four-year degrees and is registered with the Minnesota Office of Higher Education under
37.33chapter 136A; community college, state university, or technical college governed by the
37.34Board of Trustees of the Minnesota State Colleges and Universities; or the University of
37.35Minnesota; or
38.1    (4) a nonprofit corporation subject to chapter 317A, described in section 317A.905,
38.2and exempt from federal income tax under section 501(c)(6) of the Internal Revenue Code
38.3of 1986, may authorize one or more charter schools if the charter school has operated
38.4for at least three years under a different authorizer and if the nonprofit corporation has
38.5existed for at least 25 years.
38.6    (5) no more than three single-purpose authorizers that are charitable, nonsectarian
38.7organizations formed under section 501(c)(3) of the Internal Revenue Code of 1986 and
38.8incorporated in the state of Minnesota whose sole purpose is to charter schools. Eligible
38.9organizations interested in being approved as an authorizer under this paragraph must
38.10submit a proposal to the commissioner that includes the provisions of paragraph (c) and
38.11a five-year financial plan. Such authorizers shall consider and approve applications
38.12using the criteria provided in subdivision 4 and shall not limit the applications it solicits,
38.13considers, or approves to any single curriculum, learning program, or method.
38.14    (c) An eligible authorizer under this subdivision must apply to the commissioner for
38.15approval as an authorizer before submitting any affidavit to the commissioner to charter
38.16a school. The application for approval as a charter school authorizer must demonstrate
38.17the applicant's ability to implement the procedures and satisfy the criteria for chartering a
38.18school under this section. The commissioner must approve or disapprove an application
38.19within 60 45 business days of the application deadline. If the commissioner disapproves
38.20the application, the commissioner must notify the applicant of the specific deficiencies
38.21in writing and the applicant then has 20 business days to address the deficiencies to the
38.22commissioner'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. Failing to
38.24address the deficiencies to the commissioner's satisfaction makes an applicant ineligible to
38.25be an authorizer. The commissioner, in establishing criteria for approval, must consider
38.26the applicant's:
38.27    (1) capacity and infrastructure;
38.28    (2) application criteria and process;
38.29    (3) contracting process;
38.30    (4) ongoing oversight and evaluation processes; and
38.31    (5) renewal criteria and processes.
38.32    (d) The affidavit to be submitted to and evaluated by An applicant must include in
38.33its application to the commissioner must include to be an approved authorizer at least
38.34the following:
38.35    (1) how chartering schools is a way for the organization to carry out its mission;
39.1    (2) a description of the capacity of the organization to serve as an authorizer,
39.2including the personnel who will perform the authorizing duties, their qualifications, the
39.3amount of time they will be assigned to this responsibility, and the financial resources
39.4allocated by the organization to this responsibility;
39.5    (3) a description of the application and review process the authorizer will use to make
39.6decisions 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,
39.10organizational, 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;
39.14    (4) a description of the type of contract it will arrange with the schools it charters
39.15that meets the provisions of subdivision 6 and defines the rights and responsibilities of the
39.16charter school for governing its educational program, controlling its funds, and making
39.17school management decisions;
39.18    (5) the process to be used for providing ongoing oversight of the school consistent
39.19with the contract expectations specified in clause (4) that assures that the schools chartered
39.20are complying with both the provisions of applicable law and rules, and with the contract;
39.21    (6) a description of the criteria and process the authorizer will use to grant expanded
39.22applications under subdivision 4, paragraph (j);
39.23    (7) the process for making decisions regarding the renewal or termination of
39.24the school's charter based on evidence that demonstrates the academic, organizational,
39.25and financial competency of the school, including its success in increasing student
39.26achievement and meeting the goals of the charter school agreement; and
39.27    (7) (8) an assurance specifying that the organization is committed to serving as
39.28an authorizer for the full five-year term.
39.29    (e) A disapproved applicant under this paragraph section may resubmit an
39.30application 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
40.2the commissioner.
40.3    (e) (g) The authorizer must participate in department-approved training.
40.4    (f) (h) An authorizer that chartered a school before August 1, 2009, must apply by
40.5June 30, 2011, to the commissioner for approval, under paragraph (c), to continue as an
40.6authorizer under this section. For purposes of this paragraph, an authorizer that fails to
40.7submit a timely application is ineligible to charter a school.
40.8    (g) (i) The commissioner shall review an authorizer's performance every five years
40.9in a manner and form determined by the commissioner and may review an authorizer's
40.10performance more frequently at the commissioner's own initiative or at the request of a
40.11charter school operator, charter school board member, or other interested party. The
40.12commissioner, after completing the review, shall transmit a report with findings to the
40.13authorizer. If, consistent with this section, the commissioner finds that an authorizer has
40.14not fulfilled the requirements of this section, the commissioner may subject the authorizer
40.15to corrective action, which may include terminating the contract with the charter school
40.16board of directors of a school it chartered. The commissioner must notify the authorizer
40.17in writing of any findings that may subject the authorizer to corrective action and
40.18the authorizer then has 15 business days to request an informal hearing before the
40.19commissioner 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.
40.22    (h) (j) The commissioner may at any time take corrective action against an
40.23authorizer, including terminating an authorizer's ability to charter a school for:
40.24    (1) failing to demonstrate the criteria under paragraph (c) under which the
40.25commissioner approved the authorizer;
40.26    (2) violating a term of the chartering contract between the authorizer and the charter
40.27school board of directors; or
40.28    (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.
40.31    Subd. 4. Formation of school. (a) An authorizer, after receiving an application from
40.32a school developer, may charter a licensed teacher under section 122A.18, subdivision
40.331
, 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
40.35authorizer's affidavit under paragraph (b). The school must be organized and operated
40.36as a cooperative under chapter 308A or nonprofit corporation under chapter 317A and
41.1the provisions under the applicable chapter shall apply to the school except as provided
41.2in this section.
41.3    Notwithstanding sections 465.717 and 465.719, a school district, subject to this
41.4section and section 124D.11, may create a corporation for the purpose of establishing a
41.5charter school.
41.6    (b) Before the operators may establish and operate a school, the authorizer must file
41.7an affidavit with the commissioner stating its intent to charter a school. An authorizer
41.8must file a separate affidavit for each school it intends to charter. The affidavit must
41.9state the terms and conditions under which the authorizer would charter a school and
41.10how the authorizer intends to oversee the fiscal and student performance of the charter
41.11school and to comply with the terms of the written contract between the authorizer
41.12and the charter school board of directors under subdivision 6. The commissioner must
41.13approve or disapprove the authorizer's affidavit within 60 business days of receipt of the
41.14affidavit. If the commissioner disapproves the affidavit, the commissioner shall notify
41.15the authorizer of the deficiencies in the affidavit and the authorizer then has 20 business
41.16days to address the deficiencies. If the authorizer does not address deficiencies to the
41.17commissioner's satisfaction, the commissioner's disapproval is final. Failure to obtain
41.18commissioner approval precludes an authorizer from chartering the school that is the
41.19subject of this affidavit.
41.20    (c) The authorizer may prevent an approved charter school from opening for
41.21operation if, among other grounds, the charter school violates this section or does not meet
41.22the ready-to-open standards that are part of the authorizer's oversight and evaluation
41.23process or are stipulated in the charter school contract.
41.24    (d) The operators authorized to organize and operate a school, before entering into a
41.25contract or other agreement for professional or other services, goods, or facilities, must
41.26incorporate as a cooperative under chapter 308A or as a nonprofit corporation under
41.27chapter 317A and must establish a board of directors composed of at least five members
41.28who are not related parties until a timely election for members of the ongoing charter
41.29school board of directors is held according to the school's articles and bylaws under
41.30paragraph (f). A charter school board of directors must be composed of at least five
41.31members who are not related parties. Staff members employed at the school, including
41.32teachers providing instruction under a contract with a cooperative, and all parents or legal
41.33guardians of children enrolled in the school are the voters eligible to elect the members
41.34of the school's board of directors. A charter school must notify eligible voters of the
41.35school board election dates at least 30 days before the election. Board of director meetings
41.36must comply with chapter 13D.
42.1    (e) Upon the request of an individual, the charter school must make available in
42.2a timely fashion the minutes of meetings of the board of directors, and of members
42.3and committees having any board-delegated authority; financial statements showing all
42.4operations and transactions affecting income, surplus, and deficit during the school's last
42.5annual accounting period; and a balance sheet summarizing assets and liabilities on the
42.6closing date of the accounting period. A charter school also must post on its official Web
42.7site information identifying its authorizer and indicate how to contact that authorizer and
42.8include that same information about its authorizer in other school materials that it makes
42.9available to the public.
42.10    (f) Every charter school board member shall attend department-approved ongoing
42.11training throughout the member's term on board governance, including training on the
42.12board's role and responsibilities, employment policies and practices, and financial
42.13management. A board member who does not begin the required initial training within six
42.14months of after being seated and complete the required that training within 12 months of
42.15being seated on the board is ineligible to continue to serve as a board member.
42.16    (g) The ongoing board must be elected before the school completes its third year
42.17of operation. Board elections must be held at a time during a time when the school is in
42.18session year but may not be conducted on days when the school is closed for holidays
42.19or vacations. The charter school board of directors shall be composed of at least five
42.20nonrelated members and include: (i) at least one licensed teacher employed at the
42.21school or a licensed teacher providing instruction under a contact contract between the
42.22charter school and a cooperative; (ii) the parent or legal guardian of a student enrolled in
42.23the charter school who is not an employee of the charter school; and (iii) an interested
42.24community member who is not employed by the charter school and does not have a child
42.25enrolled in the school. The board may be a teacher majority board composed of teachers
42.26described in this paragraph. The chief financial officer and the chief administrator are may
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
42.31procedures for changing the board's governance model, consistent with chapter 317A. A
42.32board may change its governance model only:
42.33    (1) by a majority vote of the board of directors and the licensed teachers employed
42.34by the school, including licensed teachers providing instruction under a contract between
42.35the school and a cooperative; and
42.36    (2) with the authorizer's approval.
43.1    Any change in board governance must conform with the board structure established
43.2under this paragraph.
43.3    (h) The granting or renewal of a charter by an authorizer must not be conditioned
43.4upon the bargaining unit status of the employees of the school.
43.5    (i) The granting or renewal of a charter school by an authorizer must not be
43.6contingent on the charter school being required to contract, lease, or purchase services
43.7from the authorizer. Any potential contract, lease, or purchase of service from an
43.8authorizer must be disclosed to the commissioner, accepted through an open bidding
43.9process, and be a separate contract from the charter contract. The school must document
43.10the open bidding process. An authorizer must not enter into a contract to provide
43.11management and financial services for a school that it authorizes, unless the school
43.12documents that it received at least two competitive bids.
43.13    (j) An authorizer may permit the board of directors of a charter school to expand
43.14the operation of the charter school to additional sites or to add additional grades at the
43.15school beyond those described in the authorizer's original affidavit as approved by
43.16the commissioner only after submitting a supplemental affidavit for approval to the
43.17commissioner in a form and manner prescribed by the commissioner. The supplemental
43.18affidavit must show document that:
43.19    (1) the expansion proposed by the charter school is supported by expansion plan
43.20demonstrates need and projected enrollment;
43.21    (2) the charter school expansion is warranted, at a minimum, by longitudinal data
43.22demonstrating students' improved academic performance and growth on statewide
43.23assessments under chapter 120B;
43.24    (3) the charter school is fiscally financially sound and has the financial capacity the
43.25financing needed to implement the proposed expansion exists; and
43.26    (4) the authorizer finds that the charter school has the governance structure and
43.27management capacity to carry out its expansion.
43.28    (k) The commissioner shall have 30 business days to review and comment on the
43.29supplemental affidavit. The commissioner shall notify the authorizer of any deficiencies in
43.30the supplemental affidavit and the authorizer then has 30 20 business days to address, to
43.31the commissioner's satisfaction, any deficiencies in the supplemental affidavit. The school
43.32may not expand grades or add sites until the commissioner has approved the supplemental
43.33affidavit. The commissioner's approval or disapproval of a supplemental affidavit is final.
43.34    Subd. 4a. Conflict of interest. (a) An individual is prohibited from serving as a
43.35member of the charter school board of directors if the individual, an immediate family
43.36member, or the individual's partner is an owner, employee or agent of, or a contractor
44.1with a for-profit or nonprofit entity or individual with whom the charter school contracts,
44.2directly or indirectly, for professional services, goods, or facilities. A violation of this
44.3prohibition renders a contract voidable at the option of the commissioner or the charter
44.4school board of directors. A member of a charter school board of directors who violates
44.5this prohibition is individually liable to the charter school for any damage caused by
44.6the violation.
44.7    (b) No member of the board of directors, employee, officer, or agent of a charter
44.8school shall participate in selecting, awarding, or administering a contract if a conflict
44.9of interest exists. A conflict exists when:
44.10    (1) the board member, employee, officer, or agent;
44.11    (2) the immediate family of the board member, employee, officer, or agent;
44.12    (3) the partner of the board member, employee, officer, or agent; or
44.13    (4) an organization that employs, or is about to employ any individual in clauses
44.14(1) to (3),
44.15has a financial or other interest in the entity with which the charter school is contracting.
44.16A violation of this prohibition renders the contract void.
44.17    (c) Any employee, agent, or board member of the authorizer who participates
44.18in the initial review, approval, ongoing oversight, evaluation, or the charter renewal or
44.19nonrenewal process or decision is ineligible to serve on the board of directors of a school
44.20chartered by that authorizer.
44.21    (d) An individual may serve as a member of the board of directors if no conflict of
44.22interest under paragraph (a) exists.
44.23    (e) The conflict of interest provisions under this subdivision do not apply to
44.24compensation paid to a teacher employed by the charter school who also serves as a
44.25member of the board of directors.
44.26    (f) The conflict of interest provisions under this subdivision do not apply to a teacher
44.27who provides services to a charter school through a cooperative formed under chapter
44.28308A when the teacher also serves on the charter school board of directors.
44.29    Subd. 5. Conversion of existing schools. A board of an independent or special
44.30school district may convert one or more of its existing schools to charter schools under
44.31this section if 60 percent of the full-time teachers at the school sign a petition seeking
44.32conversion. The conversion must occur at the beginning of an academic year.
44.33    Subd. 6. Charter contract. The authorization for a charter school must be in the
44.34form of a written contract signed by the authorizer and the board of directors of the charter
44.35school. The contract must be completed within 45 business days of the commissioner's
44.36approval of the authorizer's affidavit. The authorizer shall submit to the commissioner a
45.1copy of the signed charter contract within ten business days of its execution. The contract
45.2for a charter school must be in writing and contain at least the following:
45.3    (1) a declaration of the purposes in subdivision 1 that the school intends to carry out
45.4and how the school will report its implementation of those purposes;
45.5    (2) a description of the school program and the specific academic and nonacademic
45.6outcomes that pupils must achieve;
45.7    (3) a statement of admission policies and procedures;
45.8    (4) a governance, management, and administration plan for the school;
45.9    (5) signed agreements from charter school board members to comply with all
45.10federal and state laws governing organizational, programmatic, and financial requirements
45.11applicable to charter schools;
45.12    (6) the criteria, processes, and procedures that the authorizer will use for ongoing
45.13oversight of operational, financial, and academic performance;
45.14    (7) the performance evaluation that is a prerequisite for reviewing a charter contract
45.15under subdivision 15;
45.16    (8) types and amounts of insurance liability coverage to be obtained by the charter
45.17school;
45.18    (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;
45.22    (10) the term of the initial contract, which may be up to three years for an initial
45.23contract plus an additional preoperational planning year, and up to five years for a renewed
45.24contract or a contract with a new authorizer after a transfer of authorizers, if warranted by
45.25the school's academic, financial, and operational performance;
45.26    (10) (11) how the board of directors or the operators of the charter school will
45.27provide special instruction and services for children with a disability under sections
45.28125A.03 to 125A.24, and 125A.65, a description of the financial parameters within
45.29which the charter school will operate to provide the special instruction and services to
45.30children with a disability;
45.31    (11) (12) the process and criteria the authorizer intends to use to monitor and
45.32evaluate the fiscal and student performance of the charter school, consistent with
45.33subdivision 15; and
45.34    (12) (13) the plan for an orderly closing of the school under chapter 308A or 317A,
45.35if the closure is a termination for cause, a voluntary termination, or a nonrenewal of
45.36the contract, and that includes establishing the responsibilities of the school board of
46.1directors and the authorizer and notifying the commissioner, authorizer, school district in
46.2which the charter school is located, and parents of enrolled students about the closure,
46.3the transfer of student records to students' resident districts, and procedures for closing
46.4financial operations.
46.5    Subd. 6a. Audit report. (a) The charter school must submit an audit report to the
46.6commissioner and its authorizer by December 31 each year.
46.7    (b) The charter school, with the assistance of the auditor conducting the audit, must
46.8include with the report a copy of all charter school agreements for corporate management
46.9services. If the entity that provides the professional services to the charter school is
46.10exempt from taxation under section 501 of the Internal Revenue Code of 1986, that entity
46.11must file with the commissioner by February 15 a copy of the annual return required under
46.12section 6033 of the Internal Revenue Code of 1986.
46.13    (c) If the commissioner receives an audit report indicating finds that a material
46.14weakness exists in the financial reporting systems of a charter school, the charter school
46.15must submit a written report to the commissioner explaining how the material weakness
46.16will 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.
46.19    Subd. 7. Public status; exemption from statutes and rules. A charter school is
46.20a public school and is part of the state's system of public education. A charter school is
46.21exempt from all statutes and rules applicable to a school, school board, or school district
46.22unless a statute or rule is made specifically applicable to a charter school or is included
46.23in this section.
46.24    Subd. 8. Federal, state, and local requirements. (a) A charter school shall meet all
46.25federal, state, and local health and safety requirements applicable to school districts.
46.26    (b) A school must comply with statewide accountability requirements governing
46.27standards and assessments in chapter 120B.
46.28    (c) A school authorized by a school board may be located in any district, unless the
46.29school board of the district of the proposed location disapproves by written resolution.
46.30    (d) A charter school must be nonsectarian in its programs, admission policies,
46.31employment practices, and all other operations. An authorizer may not authorize a charter
46.32school or program that is affiliated with a nonpublic sectarian school or a religious
46.33institution. A charter school student must be released for religious instruction, consistent
46.34with section 120A.22, subdivision 12, clause (3).
46.35    (e) Charter schools must not be used as a method of providing education or
46.36generating revenue for students who are being home-schooled.
47.1    (f) The primary focus of a charter school must be to provide a comprehensive
47.2program of instruction for at least one grade or age group from five through 18 years
47.3of age. Instruction may be provided to people younger than five years and older than
47.418 years of age.
47.5    (g) A charter school may not charge tuition.
47.6    (h) A charter school is subject to and must comply with chapter 363A and section
47.7121A.04 .
47.8    (i) A charter school is subject to and must comply with the Pupil Fair Dismissal
47.9Act, sections 121A.40 to 121A.56, and the Minnesota Public School Fee Law, sections
47.10123B.34 to 123B.39.
47.11    (j) A charter school is subject to the same financial audits, audit procedures, and
47.12audit requirements as a district. Audits must be conducted in compliance with generally
47.13accepted governmental auditing standards, the federal Single Audit Act, if applicable,
47.14and section 6.65. A charter school is subject to and must comply with sections 15.054;
47.15118A.01 ; 118A.02; 118A.03; 118A.04; 118A.05; 118A.06; 471.38; 471.391; 471.392; and
47.16471.425 . The audit must comply with the requirements of sections 123B.75 to 123B.83,
47.17except to the extent deviations are necessary because of the program at the school.
47.18Deviations must be approved by the commissioner and authorizer. The Department of
47.19Education, state auditor, legislative auditor, or authorizer may conduct financial, program,
47.20or compliance audits. A charter school determined to be in statutory operating debt under
47.21sections 123B.81 to 123B.83 must submit a plan under section 123B.81, subdivision 4.
47.22    (k) A charter school is a district for the purposes of tort liability under chapter 466.
47.23    (l) A charter school must comply with chapters 13 and 13D; and sections 120A.22,
47.24subdivision 7
; 121A.75; and 260B.171, subdivisions 3 and 5.
47.25    (m) A charter school is subject to the Pledge of Allegiance requirement under
47.26section 121A.11, subdivision 3.
47.27    (n) A charter school offering online courses or programs must comply with section
47.28124D.095 .
47.29    (o) A charter school and charter school board of directors are subject to chapter 181.
47.30    (p) A charter school must comply with section 120A.22, subdivision 7, governing
47.31the transfer of students' educational records and sections 138.163 and 138.17 governing
47.32the management of local records.
47.33    (q) A charter school that provides early childhood health and developmental
47.34screening must comply with sections 121A.16 to 121A.19.
48.1    Subd. 8a. Aid reduction. The commissioner may reduce a charter school's state aid
48.2under section 127A.42 or 127A.43 if the charter school board fails to correct a violation
48.3under this section.
48.4    Subd. 8b. Aid reduction for violations. The commissioner may reduce a charter
48.5school's state aid by an amount not to exceed 60 percent of the charter school's basic
48.6revenue for the period of time that a violation of law occurs.
48.7    Subd. 9. Admission requirements. A charter school may limit admission to:
48.8    (1) pupils within an age group or grade level;
48.9    (2) pupils who are eligible to participate in the graduation incentives program under
48.10section 124D.68; or
48.11    (3) residents of a specific geographic area in which the school is located when the
48.12majority of students served by the school are members of underserved populations.
48.13    A charter school shall enroll an eligible pupil who submits a timely application,
48.14unless the number of applications exceeds the capacity of a program, class, grade level, or
48.15building. In this case, pupils must be accepted by lot. The charter school must develop
48.16and publish a lottery policy and process that it must use when accepting pupils by lot.
48.17    A charter school shall give enrollment preference for enrollment to a sibling of an
48.18enrolled pupil and to a foster child of that pupil's parents and may give preference for
48.19enrolling children of the school's teachers staff before accepting other pupils by lot.
48.20    A charter school may not limit admission to pupils on the basis of intellectual ability,
48.21measures of achievement or aptitude, or athletic ability and may not establish any criteria
48.22or requirements for admission that are inconsistent with this subdivision.
48.23    The charter school shall not distribute any services or goods of value to students,
48.24parents, or guardians as an inducement, term, or condition of enrolling a student in a
48.25charter school.
48.26    Subd. 10. Pupil performance. A charter school must design its programs to at
48.27least meet the outcomes adopted by the commissioner for public school students. In
48.28the absence of the commissioner's requirements, the school must meet the outcomes
48.29contained in the contract with the authorizer. The achievement levels of the outcomes
48.30contained in the contract may exceed the achievement levels of any outcomes adopted by
48.31the commissioner for public school students.
48.32    Subd. 11. Employment and other operating matters. (a) A charter school must
48.33employ or contract with necessary teachers, as defined by section 122A.15, subdivision 1,
48.34who hold valid licenses to perform the particular service for which they are employed in
48.35the school. The charter school's state aid may be reduced under section 127A.43 if the
48.36school employs a teacher who is not appropriately licensed or approved by the board of
49.1teaching. The school may employ necessary employees who are not required to hold
49.2teaching licenses to perform duties other than teaching and may contract for other services.
49.3The school may discharge teachers and nonlicensed employees. The charter school board
49.4is subject to section 181.932. When offering employment to a prospective employee, a
49.5charter school must give that employee a written description of the terms and conditions
49.6of employment and the school's personnel policies.
49.7    (b) A person, without holding a valid administrator's license, may perform
49.8administrative, supervisory, or instructional leadership duties. The board of directors shall
49.9establish qualifications for persons that hold administrative, supervisory, or instructional
49.10leadership roles. The qualifications shall include at least the following areas: instruction
49.11and assessment; human resource and personnel management; financial management;
49.12legal and compliance management; effective communication; and board, authorizer, and
49.13community relationships. The board of directors shall use those qualifications as the basis
49.14for job descriptions, hiring, and performance evaluations of those who hold administrative,
49.15supervisory, or instructional leadership roles. The board of directors and an individual
49.16who does not hold a valid administrative license and who serves in an administrative,
49.17supervisory, or instructional leadership position shall develop a professional development
49.18plan. Documentation of the implementation of the professional development plan of these
49.19persons shall be included in the school's annual report.
49.20    (c) The board of directors also shall decide matters related to the operation of the
49.21school, including budgeting, curriculum and operating procedures.
49.22    Subd. 12. Pupils with a disability. A charter school must comply with sections
49.23125A.02 , 125A.03 to 125A.24, and 125A.65 and rules relating to the education of pupils
49.24with a disability as though it were a district.
49.25    Subd. 13. Length of school year. A charter school must provide instruction
49.26each year for at least the number of days required by section 120A.41. It may provide
49.27instruction throughout the year according to sections 124D.12 to 124D.127 or 124D.128.
49.28    Subd. 14. Annual public reports. A charter school must publish an annual report
49.29approved by the board of directors. The annual report must at least include information
49.30on school enrollment, student attrition, governance and management, staffing, finances,
49.31academic performance, operational performance, innovative practices and implementation,
49.32and future plans. A charter school must distribute the annual report by publication, mail,
49.33or electronic means to the commissioner, authorizer, school employees, and parents and
49.34legal guardians of students enrolled in the charter school and must also post the report on
49.35the charter school's official Web site. The reports are public data under chapter 13.
50.1    Subd. 15. Review and comment. (a) The authorizer shall provide a formal written
50.2evaluation of the school's performance before the authorizer renews the charter contract.
50.3The department must review and comment on the authorizer's evaluation process at the
50.4time the authorizer submits its application for approval and each time the authorizer
50.5undergoes its five-year review under subdivision 3, paragraph (e).
50.6    (b) An authorizer shall monitor and evaluate the fiscal, operational, and student
50.7performance of the school, and may for this purpose annually assess a charter school
50.8a fee according to paragraph (c). The agreed-upon fee structure must be stated in the
50.9charter school contract.
50.10    (c) The fee that each charter school pays to an authorizer each year is the greater of:
50.11    (1) the basic formula allowance for that year; or
50.12    (2) the lesser of:
50.13    (i) the maximum fee factor times the basic formula allowance for that year; or
50.14    (ii) the fee factor times the basic formula allowance for that year times the charter
50.15school's adjusted marginal cost pupil units for that year. The fee factor equals .005 in fiscal
50.16year 2010, .01 in fiscal year 2011, .013 in fiscal year 2012, and .015 in fiscal years 2013
50.17and later. The maximum fee factor equals 1.5 in fiscal year 2010, 2.0 in fiscal year 2011,
50.183.0 in fiscal year 2012, and 4.0 in fiscal years 2013 and later.
50.19    (d) The department and any charter school it charters must not assess or pay a fee
50.20under paragraphs (b) and (c).
50.21    (e) For the preoperational planning period, the authorizer may assess a charter school
50.22a fee equal to the basic formula allowance.
50.23    (f) By September 30 of each year, an authorizer shall submit to the commissioner
50.24a statement of expenditures related to chartering activities during the previous school
50.25year ending June 30. A copy of the statement shall be given to all schools chartered by
50.26the authorizer.
50.27    Subd. 16. Transportation. (a) A charter school after its first fiscal year of operation
50.28by March 1 of each fiscal year and a charter school by July 1 of its first fiscal year of
50.29operation must notify the district in which the school is located and the Department of
50.30Education if it will provide its own transportation or use the transportation services of the
50.31district in which it is located for the fiscal year.
50.32    (b) If a charter school elects to provide transportation for pupils, the transportation
50.33must be provided by the charter school within the district in which the charter school is
50.34located. The state must pay transportation aid to the charter school according to section
50.35124D.11, subdivision 2 .
51.1    For pupils who reside outside the district in which the charter school is located, the
51.2charter school is not required to provide or pay for transportation between the pupil's
51.3residence and the border of the district in which the charter school is located. A parent
51.4may be reimbursed by the charter school for costs of transportation from the pupil's
51.5residence to the border of the district in which the charter school is located if the pupil is
51.6from a family whose income is at or below the poverty level, as determined by the federal
51.7government. The reimbursement may not exceed the pupil's actual cost of transportation
51.8or 15 cents per mile traveled, whichever is less. Reimbursement may not be paid for
51.9more than 250 miles per week.
51.10    At the time a pupil enrolls in a charter school, the charter school must provide the
51.11parent or guardian with information regarding the transportation.
51.12    (c) If a charter school does not elect to provide transportation, transportation for
51.13pupils enrolled at the school must be provided by the district in which the school is
51.14located, according to sections 123B.88, subdivision 6, and 124D.03, subdivision 8, for a
51.15pupil residing in the same district in which the charter school is located. Transportation
51.16may be provided by the district in which the school is located, according to sections
51.17123B.88, subdivision 6 , and 124D.03, subdivision 8, for a pupil residing in a different
51.18district. If the district provides the transportation, the scheduling of routes, manner and
51.19method of transportation, control and discipline of the pupils, and any other matter relating
51.20to the transportation of pupils under this paragraph shall be within the sole discretion,
51.21control, and management of the district.
51.22    Subd. 17. Leased space. A charter school may lease space from an independent
51.23or special school board eligible to be an authorizer, other public organization, private,
51.24nonprofit nonsectarian organization, private property owner, or a sectarian organization
51.25if the leased space is constructed as a school facility. The department must review and
51.26approve or disapprove leases in a timely manner.
51.27    Subd. 17a. Affiliated nonprofit building corporation. (a) Before a charter school
51.28may organize an affiliated nonprofit building corporation (i) to renovate or purchase an
51.29existing facility to serve as a school or (ii) to construct a new school facility, an authorizer
51.30must submit an affidavit to the commissioner for approval in the form and manner the
51.31commissioner prescribes, and consistent with paragraphs (b) and (c) or (d).
51.32    (b) An affiliated nonprofit building corporation under this subdivision must:
51.33    (1) be incorporated under section 317A and comply with applicable Internal
51.34Revenue Service regulations;
51.35    (2) submit to the commissioner each fiscal year a list of current board members
51.36and a copy of its annual audit; and
52.1    (3) comply with government data practices law under chapter 13.
52.2An affiliated nonprofit building corporation must not serve as the leasing agent for
52.3property or facilities it does not own. A charter school that leases a facility from an
52.4affiliated nonprofit building corporation that does not own the leased facility is ineligible
52.5to receive charter school lease aid. The state is immune from liability resulting from a
52.6contract between a charter school and an affiliated nonprofit building corporation.
52.7    (c) A charter school may organize an affiliated nonprofit building corporation to
52.8renovate or purchase an existing facility to serve as a school if the charter school:
52.9    (1) has been operating for at least five consecutive school years and the school's
52.10charter has been renewed for a five-year term;
52.11    (2) has had a net positive unreserved general fund balance as of June 30 in the
52.12preceding five fiscal years;
52.13    (3) has a long-range strategic and financial plan;
52.14    (4) completes a feasibility study of available buildings; and
52.15    (5) documents sustainable enrollment projections and the need to use an affiliated
52.16building corporation to renovate or purchase an existing facility to serve as a school.
52.17    (d) A charter school may organize an affiliated nonprofit building corporation to
52.18construct a new school facility if the charter school:
52.19    (1) demonstrates the lack of facilities available to serve as a school;
52.20    (2) has been operating for at least eight consecutive school years;
52.21    (3) has had a net positive unreserved general fund balance as of June 30 in the
52.22preceding eight fiscal years;
52.23    (4) completes a feasibility study of facility options;
52.24    (5) has a long-range strategic and financial plan that includes sustainable enrollment
52.25projections and demonstrates the need for constructing a new school facility; and
52.26    (6) has a positive review and comment from the commissioner under section
52.27123B.71 .
52.28    Subd. 19. Disseminate information. (a) The authorizer, the operators, and the
52.29department must disseminate information to the public on how to form and operate
52.30a charter school. Charter schools must disseminate information about how to use
52.31the offerings of a charter school. Targeted groups include low-income families and
52.32communities, students of color, and students who are at risk of academic failure.
52.33    (b) Authorizers, operators, and the department also may disseminate information
52.34about the successful best practices in teaching and learning demonstrated by charter
52.35schools.
53.1    Subd. 20. Leave to teach in a charter school. If a teacher employed by a district
53.2makes a written request for an extended leave of absence to teach at a charter school,
53.3the district must grant the leave. The district must grant a leave not to exceed a total of
53.4five years. Any request to extend the leave shall be granted only at the discretion of the
53.5school board. The district may require that the request for a leave or extension of leave
53.6be made before February 1 in the school year preceding the school year in which the
53.7teacher intends to leave, or February 1 of the calendar year in which the teacher's leave is
53.8scheduled to terminate. Except as otherwise provided in this subdivision and except for
53.9section 122A.46, subdivision 7, the leave is governed by section 122A.46, including, but
53.10not limited to, reinstatement, notice of intention to return, seniority, salary, and insurance.
53.11    During a leave, the teacher may continue to aggregate benefits and credits in the
53.12Teachers' Retirement Association account under chapters 354 and 354A, consistent with
53.13subdivision 22.
53.14    Subd. 21. Collective bargaining. Employees of the board of directors of a charter
53.15school may, if otherwise eligible, organize under chapter 179A and comply with its
53.16provisions. The board of directors of a charter school is a public employer, for the
53.17purposes of chapter 179A, upon formation of one or more bargaining units at the school.
53.18Bargaining units at the school must be separate from any other units within an authorizing
53.19district, except that bargaining units may remain part of the appropriate unit within an
53.20authorizing district, if the employees of the school, the board of directors of the school,
53.21the exclusive representative of the appropriate unit in the authorizing district, and the
53.22board of the authorizing district agree to include the employees in the appropriate unit of
53.23the authorizing district.
53.24    Subd. 22. Teacher and other employee retirement. (a) Teachers in a charter
53.25school must be public school teachers for the purposes of chapters 354 and 354a.
53.26    (b) Except for teachers under paragraph (a), employees in a charter school must be
53.27public employees for the purposes of chapter 353.
53.28    Subd. 23. Causes for nonrenewal or termination of charter school contract. (a)
53.29The duration of the contract with an authorizer must be for the term contained in the
53.30contract according to subdivision 6. The authorizer may or may not renew a contract at
53.31the end of the term for any ground listed in paragraph (b). An authorizer may unilaterally
53.32terminate a contract during the term of the contract for any ground listed in paragraph (b).
53.33At least 60 business days before not renewing or terminating a contract, the authorizer
53.34shall notify the board of directors of the charter school of the proposed action in writing.
53.35The notice shall state the grounds for the proposed action in reasonable detail and that the
53.36charter school's board of directors may request in writing an informal hearing before the
54.1authorizer within 15 business days of receiving notice of nonrenewal or termination of
54.2the contract. Failure by the board of directors to make a written request for a an informal
54.3hearing within the 15-business-day period shall be treated as acquiescence to the proposed
54.4action. Upon receiving a timely written request for a hearing, the authorizer shall give ten
54.5business days' notice to the charter school's board of directors of the hearing date. The
54.6authorizer shall conduct an informal hearing before taking final action. The authorizer
54.7shall take final action to renew or not renew a contract no later than 20 business days
54.8before the proposed date for terminating the contract or the end date of the contract.
54.9    (b) A contract may be terminated or not renewed upon any of the following grounds:
54.10    (1) failure to meet the requirements for pupil performance contained in the contract;
54.11    (2) failure to meet generally accepted standards of fiscal management;
54.12    (3) violations of law; or
54.13    (4) other good cause shown.
54.14    If a contract is terminated or not renewed under this paragraph, the school must be
54.15dissolved according to the applicable provisions of chapter 308A or 317A.
54.16    (c) If the authorizer and the charter school board of directors mutually agree to
54.17terminate or not renew the contract, a change in transfer of authorizers is allowed if the
54.18commissioner approves the transfer to a different eligible authorizer to authorize the
54.19charter school. Both parties must jointly submit their intent in writing to the commissioner
54.20to mutually terminate the contract. The authorizer that is a party to the existing contract
54.21at least must inform the approved different eligible proposed authorizer about the fiscal
54.22and operational status and student performance of the school. Before the commissioner
54.23determines whether to approve a transfer of authorizer, the commissioner first proposed
54.24authorizer must determine whether the charter school and prospective new authorizer can
54.25identify and effectively resolve those circumstances causing the previous authorizer and
54.26the 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
54.29authorizer is approved, the school must be dissolved according to applicable law and
54.30the terms of the contract.
54.31    (d) The commissioner, after providing reasonable notice to the board of directors of
54.32a charter school and the existing authorizer, and after providing an opportunity for a public
54.33hearing, may terminate the existing contract between the authorizer and the charter school
54.34board if the charter school has a history of:
54.35    (1) failure to meet pupil performance requirements contained in the contract
54.36consistent with state law;
55.1    (2) financial mismanagement or failure to meet generally accepted standards of
55.2fiscal management; or
55.3    (3) repeated or major violations of the law.
55.4    (e) If the commissioner terminates a charter school contract under subdivision 3,
55.5paragraph (g), the commissioner shall provide the charter school with information about
55.6other eligible authorizers.
55.7    Subd. 23a. Related party lease costs. (a) A charter school is prohibited from
55.8entering a lease of real property with a related party unless the lessor is a nonprofit
55.9corporation under chapter 317A or a cooperative under chapter 308A, and the lease cost is
55.10reasonable under section 124D.11, subdivision 4, clause (1).
55.11    (b) For purposes of this section and section 124D.11:
55.12    (1) "related party" means an affiliate or immediate relative of the other party in
55.13question, an affiliate of an immediate relative, or an immediate relative of an affiliate;
55.14    (2) "affiliate" means a person that directly or indirectly, through one or more
55.15intermediaries, controls, is controlled by, or is under common control with another person;
55.16    (3) "immediate family" means an individual whose relationship by blood, marriage,
55.17adoption, or partnering is no more remote than first cousin;
55.18    (4) "person" means an individual or entity of any kind; and
55.19    (5) "control" means the ability to affect the management, operations, or policy
55.20actions or decisions of a person, whether through ownership of voting securities, by
55.21contract, or otherwise.
55.22    (c) A lease of real property to be used for a charter school, not excluded in paragraph
55.23(a), must contain the following statement: "This lease is subject to Minnesota Statutes,
55.24section 124D.10, subdivision 23a."
55.25    (d) If a charter school enters into as lessee a lease with a related party and the
55.26charter school subsequently closes, the commissioner has the right to recover from the
55.27lessor any lease payments in excess of those that are reasonable under section 124D.11,
55.28subdivision 4
, clause (1).
55.29    Subd. 24. Pupil enrollment upon nonrenewal or termination of charter school
55.30contract. If a contract is not renewed or is terminated according to subdivision 23, a
55.31pupil who attended the school, siblings of the pupil, or another pupil who resides in the
55.32same place as the pupil may enroll in the resident district or may submit an application
55.33to a nonresident district according to section 124D.03 at any time. Applications and
55.34notices required by section 124D.03 must be processed and provided in a prompt manner.
55.35The application and notice deadlines in section 124D.03 do not apply under these
55.36circumstances. The closed charter school must transfer the student's educational records
56.1within ten business days of closure to the student's school district of residence where the
56.2records must be retained or transferred under section 120A.22, subdivision 7.
56.3    Subd. 25. Extent of specific legal authority. (a) The board of directors of a charter
56.4school may sue and be sued.
56.5    (b) The board may not levy taxes or issue bonds.
56.6    (c) The commissioner, an authorizer, members of the board of an authorizer in
56.7their official capacity, and employees of an authorizer are immune from civil or criminal
56.8liability with respect to all activities related to a charter school they approve or authorize.
56.9The board of directors shall obtain at least the amount of and types of insurance up to the
56.10applicable tort liability limits under chapter 466. The charter school board must submit
56.11a copy of the insurance policy to its authorizer and the commissioner before starting
56.12operations. The charter school board must submit changes in its insurance carrier or policy
56.13to 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.

56.20    Sec. 29. Minnesota Statutes 2010, section 124D.11, subdivision 9, is amended to read:
56.21    Subd. 9. Payment of aids to charter schools. (a) Notwithstanding section 127A.45,
56.22subdivision 3
, aid payments for the current fiscal year to a charter school shall be of an
56.23equal amount on each of the 24 payment dates.
56.24(b) Notwithstanding paragraph (a) and section 127A.45, for a charter school ceasing
56.25operation on or prior to June 30 of a school year, for the payment periods occurring after
56.26the school ceases serving students, the commissioner shall withhold the estimated state aid
56.27owed the school. The charter school board of directors and authorizer must submit to the
56.28commissioner a closure plan under chapter 308A or 317A, and financial information about
56.29the school's liabilities and assets. After receiving the closure plan, financial information,
56.30an audit of pupil counts, documentation of lease expenditures, and monitoring of special
56.31education expenditures, the commissioner may release cash withheld and may continue
56.32regular payments up to the current year payment percentages if further amounts are
56.33owed. If, based on audits and monitoring, the school received state aid in excess of the
56.34amount owed, the commissioner shall retain aid withheld sufficient to eliminate the aid
56.35overpayment. For a charter school ceasing operations prior to, or at the end of, a school
57.1year, notwithstanding section 127A.45, subdivision 3, preliminary final payments may
57.2be made after receiving the closure plan, audit of pupil counts, monitoring of special
57.3education expenditures, documentation of lease expenditures, and school submission of
57.4Uniform Financial Accounting and Reporting Standards (UFARS) financial data for the
57.5final year of operation. Final payment may be made upon receipt of audited financial
57.6statements under section 123B.77, subdivision 3.
57.7(c) If a charter school fails to comply with the commissioner's directive to return,
57.8for cause, federal or state funds administered by the department, the commissioner may
57.9withhold an amount of state aid sufficient to satisfy the directive.
57.10(d) If, within the timeline under section 471.425, a charter school fails to pay the state
57.11of Minnesota, a school district, intermediate school district, or service cooperative after
57.12receiving an undisputed invoice for goods and services, the commissioner may withhold
57.13an amount of state aid sufficient to satisfy the claim and shall distribute the withheld
57.14aid to the interested state agency, school district, intermediate school district, or service
57.15cooperative. An interested state agency, school district, intermediate school district, or
57.16education cooperative shall notify the commissioner when a charter school fails to pay an
57.17undisputed invoice within 75 business days of when it received the original invoice.
57.18(e) Notwithstanding section 127A.45, subdivision 3, and paragraph (a), 80 percent
57.19of the start-up cost aid under subdivision 8 shall be paid within 45 days after the first day
57.20of student attendance for that school year.
57.21(f) In order to receive state aid payments under this subdivision, a charter school in
57.22its first three years of operation must submit a school calendar in the form and manner
57.23requested by the department and a quarterly report to the Department of Education. The
57.24report must list each student by grade, show the student's start and end dates, if any,
57.25with the charter school, and for any student participating in a learning year program,
57.26the report must list the hours and times of learning year activities. The report must be
57.27submitted not more than two weeks after the end of the calendar quarter to the department.
57.28The department must develop a Web-based reporting form for charter schools to use
57.29when submitting enrollment reports. A charter school in its fourth and subsequent year of
57.30operation must submit a school calendar and enrollment information to the department in
57.31the form and manner requested by the department.
57.32(g) Notwithstanding sections 317A.701 to 317A.791, upon closure of a charter
57.33school and satisfaction of creditors, cash and investment balances remaining shall be
57.34returned 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,
58.6subdivision 6.

58.7    Sec. 30. Minnesota Statutes 2010, section 124D.19, subdivision 3, is amended to read:
58.8    Subd. 3. Community education director. (a) Except as provided under paragraphs
58.9(b) and (c), each board shall employ a licensed community education director. The board
58.10shall submit the name of the person who is serving as director of community education
58.11under this section on the district's annual community education report to the commissioner.
58.12    (b) A board may apply to the Minnesota Board of School Administrators under
58.13Minnesota Rules, part 3512.3500, subpart 9, for authority to use an individual who is not
58.14licensed as a community education director.
58.15    (c) A board of a district with a total population of 2,000 6,000 or less may identify
58.16an employee who holds a valid Minnesota principal or superintendent license under
58.17Minnesota Rules, chapter 3512, to serve as director of community education. To be
58.18eligible for an exception under this paragraph, the board shall certify in writing to the
58.19commissioner that the district has not placed a licensed director of community education
58.20on 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.

58.22    Sec. 31. Minnesota Statutes 2010, section 124D.36, is amended to read:
58.23124D.36 CITATION; MINNESOTA YOUTHWORKS SERVEMINNESOTA
58.24INNOVATION ACT.
58.25    Sections 124D.37 to 124D.45 shall be cited as the "Minnesota Youthworks
58.26ServeMinnesota Innovation Act."

58.27    Sec. 32. Minnesota Statutes 2010, section 124D.37, is amended to read:
58.28124D.37 PURPOSE OF MINNESOTA YOUTHWORKS SERVEMINNESOTA
58.29INNOVATION ACT.
58.30    The purposes of sections 124D.37 to 124D.45 are to:
58.31    (1) renew the ethic of civic responsibility in Minnesota;
58.32    (2) empower youth to improve their life opportunities through literacy, job
58.33placement, and other essential skills;
59.1    (3) empower government to meet its responsibility to prepare young people to be
59.2contributing members of society;
59.3    (4) help meet human, educational, environmental, and public safety needs,
59.4particularly those needs relating to poverty;
59.5    (5) prepare a citizenry that is academically competent, ready for work, and socially
59.6responsible;
59.7    (6) demonstrate the connection between youth and community service, community
59.8service and education, and education and meaningful opportunities in the business
59.9community;
59.10    (7) demonstrate the connection between providing opportunities for at-risk youth
59.11and reducing crime rates and the social costs of troubled youth;
59.12    (8) create linkages for a comprehensive youth service and learning program in
59.13Minnesota including school age programs, higher education programs, youth work
59.14programs, and service corps programs; and
59.15    (9) coordinate federal and state activities that advance the purposes in this section.

59.16    Sec. 33. Minnesota Statutes 2010, section 124D.38, subdivision 3, is amended to read:
59.17    Subd. 3. Federal law. "Federal law" means Public Law 101-610 111-13, as
59.18amended, or any other federal law or program assisting youth community service,
59.19work-based learning, or youth transition from school to work.

59.20    Sec. 34. Minnesota Statutes 2010, section 124D.385, subdivision 3, is amended to read:
59.21    Subd. 3. Duties. (a) The commission shall:
59.22    (1) develop, with the assistance of the governor, the commissioner of education, and
59.23affected state agencies, a comprehensive state plan to provide services under sections
59.24124D.37 to 124D.45 and federal law;
59.25    (2) actively pursue public and private funding sources for services, including
59.26funding available under federal law;
59.27    (3) administer the Youthworks ServeMinnesota Innovation grant program under
59.28sections 124D.39 to 124D.44, including soliciting and approving grant applications from
59.29eligible organizations, and administering individual postservice benefits;
59.30    (4) establish an evaluation plan for programs developed and services provided
59.31under sections 124D.37 to 124D.45;
59.32    (5) report to the governor, commissioner of education, and legislature; and
59.33    (6) administer the federal AmeriCorps Program.
60.1    (b) Nothing in sections 124D.37 to 124D.45 precludes an organization from
60.2independently seeking public or private funding to accomplish purposes similar to those
60.3described in paragraph (a).

60.4    Sec. 35. Minnesota Statutes 2010, section 124D.39, is amended to read:
60.5124D.39 YOUTHWORKS SERVEMINNESOTA INNOVATION PROGRAM.
60.6    The Youthworks ServeMinnesota Innovation program is established to provide
60.7funding for the commission to leverage federal and private funding to fulfill the purposes
60.8of section 124D.37. The Youthworks ServeMinnesota Innovation program must
60.9supplement existing programs and services. The program must not displace existing
60.10programs and services, existing funding of programs or services, or existing employment
60.11and employment opportunities. No eligible organization may terminate, layoff, or reduce
60.12the hours of work of an employee to place or hire a program participant. No eligible
60.13organization may place or hire an individual for a project if an employee is on layoff from
60.14the same or a substantially equivalent position.

60.15    Sec. 36. Minnesota Statutes 2010, section 124D.40, is amended to read:
60.16124D.40 YOUTHWORKS SERVEMINNESOTA INNOVATION GRANTS.
60.17    Subdivision 1. Application. An eligible organization interested in receiving a
60.18grant under sections 124D.39 to 124D.44 may prepare and submit an application to the
60.19commission. 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.
60.25    Subd. 2. Grant authority. The commission must use any state appropriation and
60.26any available federal funds, including any grant received under federal law, to award
60.27grants to establish programs for Youthworks ServeMinnesota Innovation. At least one
60.28grant each must be available for a metropolitan proposal, a rural proposal, and a statewide
60.29proposal. If a portion of the suburban metropolitan area is not included in the metropolitan
60.30grant proposal, the statewide grant proposal must incorporate at least one suburban
60.31metropolitan area. In awarding grants, the commission may select at least one residential
60.32proposal and one nonresidential proposal.

60.33    Sec. 37. Minnesota Statutes 2010, section 124D.42, subdivision 6, is amended to read:
61.1    Subd. 6. Program training. The commission must, within available resources:
61.2    (1) orient each grantee organization in the nature, philosophy, and purpose of the
61.3program; and
61.4    (2) build an ethic of community service through general community service
61.5training.; and
61.6    (3) provide guidance on integrating performance-based measurement into program
61.7models.

61.8    Sec. 38. Minnesota Statutes 2010, section 124D.42, subdivision 8, is amended to read:
61.9    Subd. 8. Minnesota reading corps program. (a) A Minnesota reading corps
61.10program is established to provide Americorps ServeMinnesota Innovation members with a
61.11data-based problem-solving model of literacy instruction to use in helping to train local
61.12Head Start program providers, other prekindergarten program providers, and staff in
61.13schools with students in kindergarten through grade 3 to evaluate and teach early literacy
61.14skills to children age 3 to grade 3.
61.15    (b) Literacy programs under this subdivision must comply with the provisions
61.16governing literacy program goals and data use under section 119A.50, subdivision 3,
61.17paragraph (b).
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
61.20subdivision.

61.21    Sec. 39. Minnesota Statutes 2010, section 124D.44, is amended to read:
61.22124D.44 MATCH REQUIREMENTS.
61.23    Youthworks ServeMinnesota Innovation grant funds must be used for the living
61.24allowance, cost of employer taxes under sections 3111 and 3301 of the Internal Revenue
61.25Code of 1986, workers' compensation coverage, health benefits, training, and evaluation
61.26for each program participant, and administrative expenses, which must not exceed
61.27five seven percent of total program costs. Youthworks grant funds may also be used to
61.28supplement applicant resources to fund postservice benefits for program participants.
61.29Applicant resources, from sources and in a form determined by the commission, must
61.30be used to provide for all other program costs, including the portion of the applicant's
61.31obligation for postservice benefits that is not covered by state or federal grant funds and
61.32such costs as supplies, materials, transportation, and salaries and benefits of those staff
61.33directly involved in the operation, internal monitoring, and evaluation of the program.

62.1    Sec. 40. Minnesota Statutes 2010, section 124D.45, subdivision 2, is amended to read:
62.2    Subd. 2. Interim report. The commission must report semiannually annually to the
62.3legislature with interim recommendations to change the program.

62.4    Sec. 41. Minnesota Statutes 2010, section 124D.52, subdivision 7, is amended to read:
62.5    Subd. 7. Performance tracking system. (a) By July 1, 2000, each approved adult
62.6basic education program must develop and implement a performance tracking system to
62.7provide information necessary to comply with federal law and serve as one means of
62.8assessing the effectiveness of adult basic education programs. For required reporting,
62.9longitudinal studies, and program improvement, the tracking system must be designed to
62.10collect data on the following core outcomes for learners who have completed participation
62.11participating in the adult basic education program:
62.12    (1) demonstrated improvements in literacy skill levels in reading, writing, speaking
62.13the English language, numeracy, problem solving, English language acquisition, and
62.14other literacy skills;
62.15    (2) placement in, retention in, or completion of postsecondary education, training,
62.16unsubsidized employment, or career advancement; and
62.17    (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.
62.20    (b) A district, group of districts, state agency, or private nonprofit organization
62.21providing an adult basic education program may meet this requirement by developing a
62.22tracking system based on either or both of the following methodologies:
62.23    (1) conducting a reliable follow-up survey; or
62.24    (2) submitting student information, including Social Security numbers for data
62.25matching.
62.26    Data related to obtaining employment must be collected in the first quarter following
62.27program completion or can be collected while the student is enrolled, if known. Data
62.28related to employment retention must be collected in the third quarter following program
62.29exit. Data related to any other specified outcome may be collected at any time during a
62.30program year.
62.31    (c) When a student in a program is requested to provide the student's Social Security
62.32number, the student must be notified in a written form easily understandable to the student
62.33that:
62.34    (1) providing the Social Security number is optional and no adverse action may be
62.35taken against the student if the student chooses not to provide the Social Security number;
63.1    (2) the request is made under section 124D.52, subdivision 7;
63.2    (3) if the student provides the Social Security number, it will be used to assess the
63.3effectiveness of the program by tracking the student's subsequent career; and
63.4    (4) the Social Security number will be shared with the Department of Education;
63.5Minnesota State Colleges and Universities; Office of Higher Education; Department of
63.6Human Services; and the Department of Employment and Economic Development in
63.7order to accomplish the purposes of this section described in paragraph (a) and will not be
63.8used for any other purpose or reported to any other governmental entities.
63.9    (d) Annually a district, group of districts, state agency, or private nonprofit
63.10organization providing programs under this section must forward the tracking data
63.11collected to the Department of Education. For the purposes of longitudinal studies on the
63.12employment status of former students under this section, the Department of Education
63.13must forward the Social Security numbers to the Department of Employment and
63.14Economic Development to electronically match the Social Security numbers of former
63.15students with wage detail reports filed under section 268.044. The results of data matches
63.16must, for purposes of this section and consistent with the requirements of the United
63.17States Code, title 29, section 2871, of the Workforce Investment Act of 1998, be compiled
63.18in a longitudinal form by the Department of Employment and Economic Development
63.19and released to the Department of Education in the form of summary data that does not
63.20identify the individual students. The Department of Education may release this summary
63.21data. State funding for adult basic education programs must not be based on the number or
63.22percentage of students who decline to provide their Social Security numbers or on whether
63.23the 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.

63.26    Sec. 42. Minnesota Statutes 2010, section 171.05, subdivision 2, is amended to read:
63.27    Subd. 2. Person less than 18 years of age. (a) Notwithstanding any provision
63.28in subdivision 1 to the contrary, the department may issue an instruction permit to an
63.29applicant who is 15, 16, or 17 years of age and who:
63.30    (1) has completed a course of driver education in another state, has a previously
63.31issued valid license from another state, or is enrolled in either:
63.32    (i) a public, private, or commercial driver education program that is approved by
63.33the commissioner of public safety and that includes classroom and behind-the-wheel
63.34training; or
64.1    (ii) an approved behind-the-wheel driver education program when the student is
64.2receiving full-time instruction in a home school within the meaning of sections 120A.22
64.3and 120A.24, the student is working toward a homeschool diploma, the student's status
64.4as a homeschool student has been certified by the superintendent of the school district in
64.5which the student resides, and the student is taking home-classroom driver training with
64.6classroom 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;
64.9    (2) has completed the classroom phase of instruction in the driver education program;
64.10    (3) has passed a test of the applicant's eyesight;
64.11    (4) has passed a department-administered test of the applicant's knowledge of traffic
64.12laws;
64.13    (5) has completed the required application, which must be approved by (i) either
64.14parent when both reside in the same household as the minor applicant or, if otherwise,
64.15then (ii) the parent or spouse of the parent having custody or, in the event there is no
64.16court order for custody, then (iii) the parent or spouse of the parent with whom the minor
64.17is living or, if items (i) to (iii) do not apply, then (iv) the guardian having custody of the
64.18minor, (v) the foster parent or the director of the transitional living program in which the
64.19child resides or, in the event a person under the age of 18 has no living father, mother,
64.20or guardian, or is married or otherwise legally emancipated, then (vi) the applicant's
64.21adult spouse, adult close family member, or adult employer; provided, that the approval
64.22required by this clause contains a verification of the age of the applicant and the identity of
64.23the parent, guardian, adult spouse, adult close family member, or adult employer; and
64.24    (6) has paid the fee required in section 171.06, subdivision 2.
64.25    (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.
64.29    (c) The instruction permit is valid for two years from the date of application and
64.30may be renewed upon payment of a fee equal to the fee for issuance of an instruction
64.31permit under section 171.06, subdivision 2.

64.32    Sec. 43. Minnesota Statutes 2010, section 171.17, subdivision 1, is amended to read:
64.33    Subdivision 1. Offenses. (a) The department shall immediately revoke the license
64.34of a driver upon receiving a record of the driver's conviction of:
65.1    (1) manslaughter resulting from the operation of a motor vehicle or criminal
65.2vehicular homicide or injury under section 609.21;
65.3    (2) a violation of section 169A.20 or 609.487;
65.4    (3) a felony in the commission of which a motor vehicle was used;
65.5    (4) failure to stop and disclose identity and render aid, as required under section
65.6169.09 , in the event of a motor vehicle accident, resulting in the death or personal injury
65.7of another;
65.8    (5) perjury or the making of a false affidavit or statement to the department under
65.9any law relating to the application, ownership, 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;
65.12    (6) except as this section otherwise provides, three charges of violating within a
65.13period of 12 months any of the provisions of chapter 169 or of the rules or municipal
65.14ordinances enacted in conformance with chapter 169, for which the accused may be
65.15punished upon conviction by imprisonment;
65.16    (7) two or more violations, within five years, of the misdemeanor offense described
65.17in section 169.444, subdivision 2, paragraph (a);
65.18    (8) the gross misdemeanor offense described in section 169.444, subdivision 2,
65.19paragraph (b);
65.20    (9) an offense in another state that, if committed in this state, would be grounds for
65.21revoking the driver's license; or
65.22    (10) a violation of an applicable speed limit by a person driving in excess of 100
65.23miles per hour. The person's license must be revoked for six months for a violation of
65.24this clause, or for a longer minimum period of time applicable under section 169A.53,
65.25169A.54 , or 171.174.
65.26    (b) The department shall immediately revoke the school bus endorsement of a driver
65.27upon receiving a record of the driver's conviction of the misdemeanor offense described in
65.28section 169.443, subdivision 7.

65.29    Sec. 44. Minnesota Statutes 2010, section 171.22, subdivision 1, is amended to read:
65.30    Subdivision 1. Violations. With regard to any driver's license, including a
65.31commercial driver's license, it shall be unlawful for any person:
65.32    (1) to display, cause or permit to be displayed, or have in possession, any fictitious
65.33or fraudulently altered driver's license or Minnesota identification card;
65.34    (2) to lend the person's driver's license or Minnesota identification card to any other
65.35person or knowingly permit the use thereof by another;
66.1    (3) to display or represent as one's own any driver's license or Minnesota
66.2identification card not issued to that person;
66.3    (4) to use a fictitious name or date of birth to any police officer or in any application
66.4for a driver's license or Minnesota identification card, or to knowingly make a false
66.5statement, or to knowingly conceal a material fact, or otherwise commit a fraud in any
66.6such application;
66.7    (5) to alter any driver's license or Minnesota identification card;
66.8    (6) to take any part of the driver's license examination for another or to permit
66.9another to take the examination for that person;
66.10    (7) to make a counterfeit driver's license or Minnesota identification card;
66.11    (8) to use the name and date of birth of another person to any police officer for the
66.12purpose of falsely identifying oneself to the police officer; or
66.13    (9) to display as a valid driver's license any canceled, revoked, or suspended driver's
66.14license. A person whose driving privileges have been withdrawn may display a driver's
66.15license 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.

66.19    Sec. 45. Laws 2011, chapter 5, section 1, the effective date, is amended to read:
66.20EFFECTIVE DATE.This section is effective the day following final enactment
66.21and applies to individuals who complete a teacher preparation program by the end of
66.22beginning no later than the 2013-2014 school year or later. 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).

66.26    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.

67.23    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.

69.3    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.

69.13    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.

69.25    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.

69.28ARTICLE 3
69.29SPECIAL PROGRAMS

69.30    Section 1. Minnesota Statutes 2010, section 125A.02, subdivision 1, is amended to
69.31read:
70.1    Subdivision 1. Child with a disability. "Child with a disability" means a child
70.2identified under federal and state special education law as having a hearing impairment,
70.3blindness, visual disability, deaf or hard-of-hearing, blind or visually impaired, deafblind,
70.4or having a speech or language impairment, a physical disability impairment, other health
70.5impairment disability, mental developmental cognitive disability, emotional/behavioral an
70.6emotional or behavioral disorder, specific learning disability, autism spectrum disorder,
70.7traumatic brain injury, or severe multiple disabilities impairments, or deafblind disability
70.8and who needs special education and related services, as determined by the rules of the
70.9commissioner, is a child with a disability. A licensed physician, an advanced practice
70.10nurse, or a licensed psychologist is qualified to make a diagnosis and determination
70.11of attention deficit disorder or attention deficit hyperactivity disorder for purposes of
70.12identifying a child with a disability.
70.13EFFECTIVE DATE.This section is effective July 1, 2011.

70.14    Sec. 2. Minnesota Statutes 2010, section 125A.0942, subdivision 3, is amended to read:
70.15    Subd. 3. Physical holding or seclusion. Physical holding or seclusion may be used
70.16only in an emergency. A school that uses physical holding or seclusion shall meet the
70.17following requirements:
70.18(1) the physical holding or seclusion must be the least intrusive intervention that
70.19effectively responds to the emergency;
70.20(2) physical holding or seclusion must end when the threat of harm ends and the
70.21staff determines that the child can safely return to the classroom or activity;
70.22(3) staff must directly observe the child while physical holding or seclusion is being
70.23used;
70.24(4) each time physical holding or seclusion is used, the staff person who implements
70.25or oversees the physical holding or seclusion shall document, as soon as possible after the
70.26incident concludes, the following information:
70.27(i) a description of the incident that led to the physical holding or seclusion;
70.28(ii) why a less restrictive measure failed or was determined by staff to be
70.29inappropriate or impractical;
70.30(iii) the time the physical holding or seclusion began and the time the child was
70.31released; and
70.32(iv) a brief record of the child's behavioral and physical status;
70.33(5) the room used for seclusion must:
70.34(i) be at least six feet by five feet;
70.35(ii) be well lit, well ventilated, adequately heated, and clean;
71.1(iii) have a window that allows staff to directly observe a child in seclusion;
71.2(iv) have tamperproof fixtures, electrical switches located immediately outside the
71.3door, and secure ceilings;
71.4(v) have doors that open out and are unlocked, locked with keyless locks that
71.5have immediate release mechanisms, or locked with locks that have immediate release
71.6mechanisms connected with a fire and emergency system; and
71.7(vi) not contain objects that a child may use to injure the child or others; and
71.8(6) before using a room for seclusion, a school must:
71.9(i) receive written notice from local authorities that the room and the locking
71.10mechanisms comply with applicable building, fire, and safety codes; and
71.11(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
71.13following conditions:
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
71.17by whom;
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.

71.27    Sec. 3. Minnesota Statutes 2010, section 125A.15, is amended to read:
71.28125A.15 PLACEMENT IN ANOTHER DISTRICT; RESPONSIBILITY.
71.29The responsibility for special instruction and services for a child with a disability
71.30temporarily placed in another district for care and treatment shall be determined in the
71.31following manner:
71.32(a) The district of residence of a child shall be the district in which the child's parent
71.33resides, if living, or the child's guardian, or the district designated by the commissioner
71.34if 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
72.2the commissioner.
72.3(b) If a district other than the resident district places a pupil for care and treatment,
72.4the district placing the pupil must notify and give the resident district an opportunity to
72.5participate in the placement decision. When an immediate emergency placement of a
72.6pupil is necessary and time constraints foreclose a resident district from participating in
72.7the emergency placement decision, the district in which the pupil is temporarily placed
72.8must notify the resident district of the emergency placement within 15 days. The resident
72.9district has up to five business days after receiving notice of the emergency placement
72.10to request an opportunity to participate in the placement decision, which the placing
72.11district must then provide.
72.12(c) When a child is temporarily placed for care and treatment in a day program
72.13located in another district and the child continues to live within the district of residence
72.14during the care and treatment, the district of residence is responsible for providing
72.15transportation to and from the care and treatment program and an appropriate educational
72.16program for the child. The resident district may establish reasonable restrictions on
72.17transportation, except if a Minnesota court or agency orders the child placed at a day care
72.18and treatment program and the resident district receives a copy of the order, then the
72.19resident district must provide transportation to and from the program unless the court or
72.20agency orders otherwise. Transportation shall only be provided by the resident district
72.21during regular operating hours of the resident district. The resident district may provide the
72.22educational program at a school within the district of residence, at the child's residence, or
72.23in the district in which the day treatment center is located by paying tuition to that district.
72.24(d) When a child is temporarily placed in a residential program for care and
72.25treatment, the nonresident district in which the child is placed is responsible for providing
72.26an appropriate educational program for the child and necessary transportation while the
72.27child is attending the educational program; and must bill the district of the child's residence
72.28for the actual cost of providing the program, as outlined in section 125A.11, except as
72.29provided in paragraph (e). However, the board, lodging, and treatment costs incurred in
72.30behalf of a child with a disability placed outside of the school district of residence by the
72.31commissioner of human services or the commissioner of corrections or their agents, for
72.32reasons other than providing for the child's special educational needs must not become the
72.33responsibility of either the district providing the instruction or the district of the child's
72.34residence. For the purposes of this section, the state correctional facilities operated on a
72.35fee-for-service basis are considered to be residential programs for care and treatment.
73.1(e) A privately owned and operated residential facility may enter into a contract
73.2to obtain appropriate educational programs for special education children and services
73.3with a joint powers entity. The entity with which the private facility contracts for special
73.4education services shall be the district responsible for providing students placed in that
73.5facility an appropriate educational program in place of the district in which the facility is
73.6located. If a privately owned and operated residential facility does not enter into a contract
73.7under this paragraph, then paragraph (d) applies.
73.8(f) The district of residence shall pay tuition and other program costs, not including
73.9transportation costs, to the district providing the instruction and services. The district of
73.10residence may claim general education aid for the child as provided by law. Transportation
73.11costs must be paid by the district responsible for providing the transportation and the state
73.12must pay transportation aid to that district.

73.13    Sec. 4. Minnesota Statutes 2010, section 125A.51, is amended to read:
73.14125A.51 PLACEMENT OF CHILDREN WITHOUT DISABILITIES;
73.15EDUCATION AND TRANSPORTATION.
73.16The responsibility for providing instruction and transportation for a pupil without a
73.17disability who has a short-term or temporary physical or emotional illness or disability, as
73.18determined by the standards of the commissioner, and who is temporarily placed for care
73.19and treatment for that illness or disability, must be determined as provided in this section.
73.20(a) The school district of residence of the pupil is the district in which the pupil's
73.21parent 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.
73.23(b) When parental rights have been terminated by court order, the legal residence
73.24of a child placed in a residential or foster facility for care and treatment is the district in
73.25which the child resides.
73.26(c) Before the placement of a pupil for care and treatment, the district of residence
73.27must be notified and provided an opportunity to participate in the placement decision.
73.28When an immediate emergency placement is necessary and time does not permit
73.29resident district participation in the placement decision, the district in which the pupil is
73.30temporarily placed, if different from the district of residence, must notify the district
73.31of residence of the emergency placement within 15 days of the placement. When a
73.32nonresident district makes an emergency placement without first consulting with the
73.33resident district, the resident district has up to five business days after receiving notice
73.34of the emergency placement to request an opportunity to participate in the placement
73.35decision, which the placing district must then provide.
74.1(d) When a pupil without a disability is temporarily placed for care and treatment
74.2in a day program and the pupil continues to live within the district of residence during
74.3the care and treatment, the district of residence must provide instruction and necessary
74.4transportation to and from the care and treatment program for the pupil. The resident
74.5district may establish reasonable restrictions on transportation, except if a Minnesota court
74.6or agency orders the child placed at a day care and treatment program and the resident
74.7district receives a copy of the order, then the resident district must provide transportation
74.8to and from the program unless the court or agency orders otherwise. Transportation shall
74.9only be provided by the resident district during regular operating hours of the resident
74.10district. The resident district may provide the instruction at a school within the district of
74.11residence, at the pupil's residence, or in the case of a placement outside of the resident
74.12district, in the district in which the day treatment program is located by paying tuition to
74.13that district. The district of placement may contract with a facility to provide instruction
74.14by teachers licensed by the state Board of Teaching.
74.15(e) When a pupil without a disability is temporarily placed in a residential program
74.16for care and treatment, the district in which the pupil is placed must provide instruction
74.17for the pupil and necessary transportation while the pupil is receiving instruction, and in
74.18the case of a placement outside of the district of residence, the nonresident district must
74.19bill the district of residence for the actual cost of providing the instruction for the regular
74.20school year and for summer school, excluding transportation costs.
74.21(f) Notwithstanding paragraph (e), if the pupil is homeless and placed in a public or
74.22private homeless shelter, then the district that enrolls the pupil under section 127A.47,
74.23subdivision 2
, shall provide the transportation, unless the district that enrolls the pupil
74.24and the district in which the pupil is temporarily placed agree that the district in which
74.25the pupil is temporarily placed shall provide transportation. When a pupil without a
74.26disability is temporarily placed in a residential program outside the district of residence,
74.27the administrator of the court placing the pupil must send timely written notice of the
74.28placement to the district of residence. The district of placement may contract with a
74.29residential facility to provide instruction by teachers licensed by the state Board of
74.30Teaching. For purposes of this section, the state correctional facilities operated on a
74.31fee-for-service basis are considered to be residential programs for care and treatment.
74.32(g) The district of residence must include the pupil in its residence count of pupil
74.33units and pay tuition as provided in section 123A.488 to the district providing the
74.34instruction. Transportation costs must be paid by the district providing the transportation
74.35and the state must pay transportation aid to that district. For purposes of computing state
74.36transportation aid, pupils governed by this subdivision must be included in the disabled
75.1transportation category if the pupils cannot be transported on a regular school bus route
75.2without special accommodations.

75.3    Sec. 5. REPEALER.
75.4Minnesota Statutes 2010, section 125A.54, is repealed.

75.5ARTICLE 4
75.6FACILITIES AND TECHNOLOGY

75.7    Section 1. Minnesota Statutes 2010, section 123B.57, is amended to read:
75.8123B.57 CAPITAL EXPENDITURE; HEALTH AND SAFETY.
75.9    Subdivision 1. Health and safety program revenue application. (a) To receive
75.10health and safety revenue for any fiscal year a district must submit to the commissioner
75.11an a capital expenditure health and safety revenue application for aid and levy by the
75.12date determined by the commissioner. The application may be for hazardous substance
75.13removal, fire and life safety code repairs, labor and industry regulated facility and
75.14equipment violations, and health, safety, and environmental management, including
75.15indoor air quality management. The application must include a health and safety program
75.16budget adopted and confirmed by the school district board as being consistent with the
75.17district's health and safety policy under subdivision 2. The program budget must include
75.18the 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
75.20adoption of a resolution by each of an intermediate district's member school district
75.21boards and the approval of the Department of Education, a school district may include
75.22its proportionate share of the costs of health and safety projects for an intermediate
75.23district in its application.
75.24(b) Health and safety projects with an estimated cost of $500,000 or more per
75.25site are not eligible for health and safety revenue. Health and safety projects with an
75.26estimated cost of $500,000 or more per site that meet all other requirements for health and
75.27safety funding, are eligible for alternative facilities bonding and levy revenue according
75.28to section 123B.59. A school board shall not separate portions of a single project into
75.29components to qualify for health and safety revenue, and shall not combine unrelated
75.30projects 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.
76.3    Subd. 2. Contents of program Health and safety policy. To qualify for health
76.4and safety revenue, a district school board must adopt a health and safety program policy.
76.5The program policy must include plans, where applicable, for hazardous substance
76.6removal, fire and life safety code repairs, regulated facility and equipment violations,
76.7and provisions for implementing a health and safety program that complies with health,
76.8safety, and environmental management, regulations and best practices including indoor
76.9air quality management.
76.10(a) A hazardous substance plan must contain provisions for the removal or
76.11encapsulation of asbestos from school buildings or property, asbestos-related repairs,
76.12cleanup and disposal of polychlorinated biphenyls found in school buildings or property,
76.13and cleanup, removal, disposal, and repairs related to storing heating fuel or transportation
76.14fuels such as alcohol, gasoline, fuel, oil, and special fuel, as defined in section 296A.01.
76.15If a district has already developed a plan for the removal or encapsulation of asbestos as
76.16required by the federal Asbestos Hazard Emergency Response Act of 1986, the district
76.17may use a summary of that plan, which includes a description and schedule of response
76.18actions, for purposes of this section. The plan must also contain provisions to make
76.19modifications to existing facilities and equipment necessary to limit personal exposure
76.20to hazardous substances, as regulated by the federal Occupational Safety and Health
76.21Administration under Code of Federal Regulations, title 29, part 1910, subpart Z; or is
76.22determined by the commissioner to present a significant risk to district staff or student
76.23health and safety as a result of foreseeable use, handling, accidental spill, exposure, or
76.24contamination.
76.25(b) A fire and life safety plan must contain a description of the current fire and life
76.26safety code violations, a plan for the removal or repair of the fire and life safety hazard,
76.27and a description of safety preparation and awareness procedures to be followed until the
76.28hazard is fully corrected.
76.29(c) A facilities and equipment violation plan must contain provisions to correct
76.30health and safety hazards as provided in Department of Labor and Industry standards
76.31pursuant to section 182.655.
76.32(d) A health, safety, and environmental management plan must contain a description
76.33of training, record keeping, hazard assessment, and program management as defined
76.34in section 123B.56.
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.
77.1    Subd. 3. Health and safety revenue. A district's health and safety revenue
77.2for a fiscal year equals the district's alternative facilities levy under section 123B.59,
77.3subdivision 5, paragraph (b), plus the greater of zero or:
77.4    (1) the sum of (a) the total approved cost of the district's hazardous substance
77.5plan for fiscal years 1985 through 1989, plus (b) the total approved cost of the district's
77.6health and safety program for fiscal year 1990 through the fiscal year to which the levy
77.7is attributable, excluding expenditures funded with bonds issued under section 123B.59
77.8or 123B.62, or chapter 475; certificates of indebtedness or capital notes under section
77.9123B.61 ; levies under section 123B.58, 123B.59, 123B.63, or 126C.40, subdivision 1 or
77.106; and other federal, state, or local revenues, minus
77.11    (2) the sum of (a) the district's total hazardous substance aid and levy for fiscal years
77.121985 through 1989 under sections 124.245 and 275.125, subdivision 11c, plus (b) the
77.13district's health and safety revenue under this subdivision, for years before the fiscal year
77.14to which the levy is attributable.
77.15    Subd. 4. Health and safety levy. To receive health and safety revenue, a district
77.16may levy an amount equal to the district's health and safety revenue as defined in
77.17subdivision 3 multiplied by the lesser of one, or the ratio of the quotient derived by
77.18dividing the adjusted net tax capacity of the district for the year preceding the year the
77.19levy is certified by the adjusted marginal cost pupil units in the district for the school year
77.20to which the levy is attributable, to $2,935.
77.21    Subd. 5. Health and safety aid. A district's health and safety aid is the difference
77.22between its health and safety revenue and its health and safety levy. If a district does not
77.23levy the entire amount permitted, health and safety aid must be reduced in proportion to
77.24the actual amount levied. Health and safety aid may not be reduced as a result of reducing
77.25a district's health and safety levy according to section 123B.79.
77.26    Subd. 6. Uses of health and safety revenue. (a) Health and safety revenue may be
77.27used only for approved expenditures necessary to correct for the correction of fire and life
77.28safety hazards, 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 of asbestos
77.33from school buildings or property owned or being acquired by the district, asbestos-related
77.34repairs, asbestos-containing building materials; cleanup and disposal of polychlorinated
77.35biphenyls found in school buildings or property owned or being acquired by the district,
77.36or the; cleanup and disposal of hazardous and infectious wastes; cleanup, removal,
78.1disposal, and repairs related to storing heating fuel or transportation fuels such as alcohol,
78.2gasoline, fuel oil, and special fuel, as defined in section 296A.01, Minnesota; correction of
78.3occupational safety and health administration regulated facility and equipment hazards,;
78.4indoor air quality inspections, investigations, and testing; mold abatement,; upgrades or
78.5replacement of mechanical ventilation systems to meet American Society of Heating,
78.6Refrigerating 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 Department
78.9of Health Food Code and violations; correction of swimming pool hazards excluding
78.10depth correction,; 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,
78.20and 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
78.23activities are permitted for existing mechanical ventilation systems at intervals no less than
78.24every five years. Health and safety revenue must not be used to finance a lease purchase
78.25agreement, installment purchase agreement, or other deferred payments agreement. Health
78.26and safety revenue must not be used for the construction of new facilities or the purchase
78.27of portable classrooms, for interest or other financing expenses, or for energy efficiency
78.28projects under section 123B.65. The revenue may not be used for a building or property or
78.29part of a building or property used for postsecondary instruction or administration or for a
78.30purpose unrelated to elementary and secondary education.
78.31    Subd. 6a. Restrictions on health and safety revenue. (b) Notwithstanding
78.32paragraph (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;
79.5(5) for replacement of building materials or facilities including roof, walls, windows,
79.6internal fixtures and flooring, nonhealth and safety costs associated with demolition of
79.7facilities, structural repair or replacement of facilities due to unsafe conditions, violence
79.8prevention and facility security, ergonomics,;
79.9(6) for public announcement systems and emergency communications devices; or
79.10(7) for building and heating, ventilating and air conditioning supplies, maintenance,
79.11and cleaning activities. All assessments, investigations, inventories, and support
79.12equipment not leading to the engineering or construction of a project shall be included in
79.13the 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.
80.8    Subd. 7. Proration. In the event that the health and safety aid available for any year
80.9is prorated, a district having its aid prorated may levy an additional amount equal to the
80.10amount not paid by the state due to proration.
80.11    Subd. 8. Health, safety, and environmental management cost. (a) "Health, safety,
80.12and environmental management" is defined in section 123B.56.
80.13(b) A district's cost for health, safety, and environmental management is limited to
80.14the lesser of:
80.15(1) actual cost to implement their plan; or
80.16(2) an amount determined by the commissioner, based on enrollment, building
80.17age, and size.
80.18(b) (c) The department may contract with regional service organizations, private
80.19contractors, Minnesota Safety Council, or state agencies to provide management
80.20assistance to school districts for health and safety capital projects. Management assistance
80.21is the development of written programs for the identification, recognition and control of
80.22hazards, and prioritization and scheduling of district health and safety capital projects.
80.23The department commissioner shall not mandate management assistance or exclude
80.24private contractors from the opportunity to provide any health and safety services to
80.25school districts.
80.26(c) Notwithstanding paragraph (b), the department may approve revenue, up to
80.27the limit defined in paragraph (a) for districts having an approved health, safety, and
80.28environmental management plan that uses district staff to accomplish coordination and
80.29provided services.
80.30EFFECTIVE DATE.This section is effective July 1, 2011.

80.31    Sec. 2. Minnesota Statutes 2010, section 123B.71, subdivision 5, is amended to read:
80.32    Subd. 5. Final plans. If a construction contract has not been awarded within two
80.33years of approval, the approval shall not be valid. After approval, final plans and the
80.34approval shall be filed with made available, if requested, to the commissioner of education.
80.35If substantial changes are made to the initial approved plans, documents reflecting
81.1the changes shall be submitted to the commissioner for approval. Upon completing a
81.2project, the school board shall certify to the commissioner that the project was completed
81.3according to the approved plans.

81.4    Sec. 3. Minnesota Statutes 2010, section 123B.72, subdivision 3, is amended to read:
81.5    Subd. 3. Certification. Prior to occupying or reoccupying a school facility affected
81.6by this section, a school board or its designee shall submit a document prepared by a
81.7system inspector to the building official or to the commissioner, verifying that the facility's
81.8heating, ventilation, and air conditioning system has been installed and operates according
81.9to design specifications and code, according to section 123B.71, subdivision 9, clause
81.10(11) (12). A systems inspector shall also verify that the facility's design will provide
81.11the ability for monitoring of outdoor airflow and total airflow of ventilation systems in
81.12new school facilities and that any heating, ventilation, or air conditioning system that is
81.13installed or modified for a project subject to this section must provide a filtration system
81.14with a current ASHRAE standard.

81.15    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.

81.21ARTICLE 5
81.22ACCOUNTING

81.23    Section 1. Minnesota Statutes 2010, section 127A.42, subdivision 2, is amended to
81.24read:
81.25    Subd. 2. Violations of law. The commissioner may reduce or withhold the district's
81.26state aid for any school year whenever the board of the district authorizes or permits
81.27violations of law within the district by:
81.28(1) employing a teacher who does not hold a valid teaching license or permit in a
81.29public school;
81.30(2) noncompliance with a mandatory rule of general application promulgated by the
81.31commissioner in accordance with statute, unless special circumstances make enforcement
82.1inequitable, impose an extraordinary hardship on the district, or the rule is contrary to
82.2the district's best interests;
82.3(3) the district's continued performance of a contract made for the rental of rooms
82.4or buildings for school purposes or for the rental of any facility owned or operated by or
82.5under the direction of any private organization, if the contract has been disapproved, the
82.6time for review of the determination of disapproval has expired, and no proceeding for
82.7review is pending;
82.8(4) any practice which is a violation of sections 1 and 2 of article 13 of the
82.9Constitution of the state of Minnesota;
82.10(5) failure to reasonably provide for a resident pupil's school attendance under
82.11Minnesota Statutes;
82.12(6) noncompliance with state laws prohibiting discrimination because of race,
82.13color, creed, religion, national origin, sex, age, marital status, status with regard to
82.14public assistance or disability, as defined in sections 363A.08 to 363A.19 and 363A.28,
82.15subdivision 10
; or
82.16(7) using funds contrary to the statutory purpose of the funds.
82.17The reduction or withholding must be made in the amount and upon the procedure
82.18provided 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.

82.21    Sec. 2. Minnesota Statutes 2010, section 127A.43, is amended to read:
82.22127A.43 DISTRICT EMPLOYMENT OF UNLICENSED TEACHERS; AID
82.23REDUCTION.
82.24When a district employs one or more teachers who do not hold a valid teaching
82.25license, state aid shall be withheld reduced in the proportion that the number of such
82.26teachers is to the total number of teachers employed by the district, multiplied by 60
82.27percent of the basic revenue, as defined in section 126C.10, subdivision 2, of the district
82.28for the year in which the employment occurred.
82.29EFFECTIVE DATE.This section is effective July 1, 2011.

82.30    Sec. 3. Minnesota Statutes 2010, section 127A.45, is amended by adding a subdivision
82.31to read:
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
83.2services.

83.3ARTICLE 6
83.4STUDENT TRANSPORTATION

83.5    Section 1. Minnesota Statutes 2010, section 123B.88, is amended by adding a
83.6subdivision 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.

83.16    Sec. 2. Minnesota Statutes 2010, section 123B.88, subdivision 13, is amended to read:
83.17    Subd. 13. Area learning center pupils between buildings. Districts may provide
83.18between-building bus transportation along school bus routes when space is available, for
83.19pupils attending programs at an area learning center. The transportation is only permitted
83.20between schools and if it does not increase the district's expenditures for transportation.
83.21The cost of these services shall be considered part of the authorized cost for nonregular
83.22transportation for the purpose of section 123B.92.

83.23    Sec. 3. Minnesota Statutes 2010, section 123B.90, subdivision 3, is amended to read:
83.24    Subd. 3. Model training program. The commissioner shall develop and maintain a
83.25comprehensive model list of school bus safety training program instructional materials
83.26 for pupils who ride the bus that includes bus safety curriculum for both classroom and
83.27practical instruction and age-appropriate instructional materials.
83.28EFFECTIVE DATE.This section is effective July 1, 2011.

83.29    Sec. 4. Minnesota Statutes 2010, section 123B.92, subdivision 1, is amended to read:
83.30    Subdivision 1. Definitions. For purposes of this section and section 125A.76, the
83.31terms defined in this subdivision have the meanings given to them.
84.1    (a) "Actual expenditure per pupil transported in the regular and excess transportation
84.2categories" means the quotient obtained by dividing:
84.3    (1) the sum of:
84.4    (i) all expenditures for transportation in the regular category, as defined in paragraph
84.5(b), clause (1), and the excess category, as defined in paragraph (b), clause (2), plus
84.6    (ii) an amount equal to one year's depreciation on the district's school bus fleet
84.7and mobile units computed on a straight line basis at the rate of 15 percent per year for
84.8districts operating a program under section 124D.128 for grades 1 to 12 for all students in
84.9the district and 12-1/2 percent per year for other districts of the cost of the fleet, plus
84.10    (iii) an amount equal to one year's depreciation on the district's type III vehicles, as
84.11defined in section 169.011, subdivision 71, which must be used a majority of the time for
84.12pupil transportation purposes, computed on a straight line basis at the rate of 20 percent
84.13per year of the cost of the type three school buses by:
84.14    (2) the number of pupils eligible for transportation in the regular category, as defined
84.15in paragraph (b), clause (1), and the excess category, as defined in paragraph (b), clause (2).
84.16    (b) "Transportation category" means a category of transportation service provided to
84.17pupils as follows:
84.18    (1) Regular transportation is:
84.19    (i) transportation to and from school during the regular school year for resident
84.20elementary pupils residing one mile or more from the public or nonpublic school they
84.21attend, and resident secondary pupils residing two miles or more from the public
84.22or nonpublic school they attend, excluding desegregation transportation and noon
84.23kindergarten transportation; but with respect to transportation of pupils to and from
84.24nonpublic schools, only to the extent permitted by sections 123B.84 to 123B.87;
84.25    (ii) transportation of resident pupils to and from language immersion programs;
84.26    (iii) transportation of a pupil who is a custodial parent and that pupil's child between
84.27the pupil's home and the child care provider and between the provider and the school, if
84.28the home and provider are within the attendance area of the school;
84.29    (iv) transportation to and from or board and lodging in another district, of resident
84.30pupils of a district without a secondary school; and
84.31    (v) transportation to and from school during the regular school year required under
84.32subdivision 3 for nonresident elementary pupils when the distance from the attendance
84.33area border to the public school is one mile or more, and for nonresident secondary pupils
84.34when the distance from the attendance area border to the public school is two miles or
84.35more, excluding desegregation transportation and noon kindergarten transportation.
85.1    For the purposes of this paragraph, a district may designate a licensed day care
85.2facility, school day care facility, respite care facility, the residence of a relative, or the
85.3residence of a person or other location chosen by the pupil's parent or guardian, or an
85.4after-school program for children operated by a political subdivision of the state, as the
85.5home of a pupil for part or all of the day, if requested by the pupil's parent or guardian,
85.6and if that facility, residence, or program is within the attendance area of the school the
85.7pupil attends.
85.8    (2) Excess transportation is:
85.9    (i) transportation to and from school during the regular school year for resident
85.10secondary pupils residing at least one mile but less than two miles from the public or
85.11nonpublic school they attend, and transportation to and from school for resident pupils
85.12residing less than one mile from school who are transported because of full-service school
85.13zones, extraordinary traffic, drug, or crime hazards; and
85.14    (ii) transportation to and from school during the regular school year required under
85.15subdivision 3 for nonresident secondary pupils when the distance from the attendance area
85.16border to the school is at least one mile but less than two miles from the public school
85.17they attend, and for nonresident pupils when the distance from the attendance area border
85.18to 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.
85.20    (3) Desegregation transportation is transportation within and outside of the district
85.21during the regular school year of pupils to and from schools located outside their normal
85.22attendance areas under a plan for desegregation mandated by the commissioner or under
85.23court order.
85.24    (4) "Transportation services for pupils with disabilities" is:
85.25    (i) transportation of pupils with disabilities who cannot be transported on a regular
85.26school bus between home or a respite care facility and school;
85.27    (ii) necessary transportation of pupils with disabilities from home or from school to
85.28other buildings, including centers such as developmental achievement centers, hospitals,
85.29and treatment centers where special instruction or services required by sections 125A.03
85.30to 125A.24, 125A.26 to 125A.48, and 125A.65 are provided, within or outside the district
85.31where services are provided;
85.32    (iii) necessary transportation for resident pupils with disabilities required by sections
85.33125A.12 , and 125A.26 to 125A.48;
85.34    (iv) board and lodging for pupils with disabilities in a district maintaining special
85.35classes;
86.1    (v) transportation from one educational facility to another within the district for
86.2resident pupils enrolled on a shared-time basis in educational programs, and necessary
86.3transportation required by sections 125A.18, and 125A.26 to 125A.48, for resident pupils
86.4with disabilities who are provided special instruction and services on a shared-time basis
86.5or if resident pupils are not transported, the costs of necessary travel between public
86.6and private schools or neutral instructional sites by essential personnel employed by the
86.7district's program for children with a disability;
86.8    (vi) transportation for resident pupils with disabilities to and from board and lodging
86.9facilities when the pupil is boarded and lodged for educational purposes; and
86.10(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
86.13(viii) services described in clauses (i) to (vi) (vii), when provided for pupils with
86.14disabilities in conjunction with a summer instructional program that relates to the pupil's
86.15individual education plan or in conjunction with a learning year program established
86.16under section 124D.128.
86.17    For purposes of computing special education initial aid under section 125A.76,
86.18subdivision 2
, the cost of providing transportation for children with disabilities includes
86.19(A) the additional cost of transporting a homeless student from a temporary nonshelter
86.20home in another district to the school of origin, or a formerly homeless student from a
86.21permanent home in another district to the school of origin but only through the end of the
86.22academic year; and (B) depreciation on district-owned school buses purchased after July 1,
86.232005, and used primarily for transportation of pupils with disabilities, calculated according
86.24to paragraph (a), clauses (ii) and (iii). Depreciation costs included in the disabled
86.25transportation category must be excluded in calculating the actual expenditure per pupil
86.26transported in the regular and excess transportation categories according to paragraph (a).
86.27    (5) "Nonpublic nonregular transportation" is:
86.28    (i) transportation from one educational facility to another within the district for
86.29resident pupils enrolled on a shared-time basis in educational programs, excluding
86.30transportation for nonpublic pupils with disabilities under clause (4);
86.31    (ii) transportation within district boundaries between a nonpublic school and a
86.32public school or a neutral site for nonpublic school pupils who are provided pupil support
86.33services pursuant to section 123B.44; and
86.34    (iii) late transportation home from school or between schools within a district for
86.35nonpublic school pupils involved in after-school activities.
87.1    (c) "Mobile unit" means a vehicle or trailer designed to provide facilities for
87.2educational programs and services, including diagnostic testing, guidance and counseling
87.3services, and health services. A mobile unit located off nonpublic school premises is a
87.4neutral site as defined in section 123B.41, subdivision 13.
87.5EFFECTIVE DATE.This section is effective for revenue for fiscal year 2012
87.6and later.

87.7    Sec. 5. Minnesota Statutes 2010, section 123B.92, subdivision 5, is amended to read:
87.8    Subd. 5. District reports. (a) Each district must report data to the department as
87.9required by the department to account for transportation expenditures.
87.10(b) Salaries and fringe benefits of district employees whose primary duties are
87.11other than transportation, including central office administrators and staff, building
87.12administrators and staff, teachers, social workers, school nurses, and instructional aides,
87.13must not be included in a district's transportation expenditures, except that a district may
87.14include salaries and benefits according to paragraph (c) for (1) an employee designated
87.15as the district transportation director, (2) an employee providing direct support to the
87.16transportation director, or (3) an employee providing direct transportation services such as
87.17a bus driver or bus aide.
87.18(c) Salaries and fringe benefits of the district employees listed in paragraph (b),
87.19clauses (1), (2), and (3), who work part time in transportation and part time in other areas
87.20must not be included in a district's transportation expenditures unless the district maintains
87.21documentation of the employee's time spent on pupil transportation matters in the form
87.22and manner prescribed by the department.
87.23(d) Pupil transportation expenditures, excluding expenditures for capital outlay,
87.24leased buses, student board and lodging, crossing guards, and aides on buses, must be
87.25allocated among transportation categories based on cost-per-mile, or cost-per-student,
87.26cost-per-hour, or cost-per-route, regardless of whether the transportation services are
87.27provided on district-owned or contractor-owned school buses. Expenditures for school
87.28bus driver salaries and fringe benefits may either be directly charged to the appropriate
87.29transportation category or may be allocated among transportation categories based
87.30on cost-per-mile, or cost-per-student, cost-per-hour, or cost-per-route. Expenditures
87.31by private contractors or individuals who provide transportation exclusively in one
87.32transportation category must be charged directly to the appropriate transportation category.
87.33Transportation services provided by contractor-owned school bus companies incorporated
87.34under different names but owned by the same individual or group of individuals must be
87.35treated 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
88.11categories.

88.12ARTICLE 7
88.13EARLY CHILDHOOD EDUCATION

88.14    Section 1. Minnesota Statutes 2010, section 119A.50, subdivision 3, is amended to read:
88.15    Subd. 3. Early childhood literacy programs. (a) A research-based early childhood
88.16literacy program premised on actively involved parents, ongoing professional staff
88.17development, and high quality early literacy program standards is established to increase
88.18the literacy skills of children participating in Head Start to prepare them to be successful
88.19readers and to increase families' participation in providing early literacy experiences to
88.20their children. Program providers must:
88.21    (1) work to prepare children to be successful learners;
88.22    (2) work to close the achievement gap for at-risk children;
88.23    (3) use an integrated approach to early literacy that daily offers a literacy-rich
88.24classroom learning environment composed of books, writing materials, writing centers,
88.25labels, rhyming, and other related literacy materials and opportunities;
88.26    (4) support children's home language while helping the children master English and
88.27use multiple literacy strategies to provide a cultural bridge between home and school;
88.28    (5) use literacy mentors, ongoing literacy groups, and other teachers and staff to
88.29provide appropriate, extensive professional development opportunities in early literacy
88.30and classroom strategies for preschool teachers and other preschool staff;
88.31    (6) use ongoing data-based assessments that enable preschool teachers to understand,
88.32plan, and implement literacy strategies, activities, and curriculum that meet children's
88.33literacy needs and continuously improve children's literacy; and
88.34    (7) foster participation by parents, community stakeholders, literacy advisors, and
88.35evaluation specialists.
89.1Program providers are encouraged to collaborate with qualified, community-based
89.2early childhood providers in implementing this program and to seek nonstate funds to
89.3supplement the program.
89.4    (b) Program providers under paragraph (a) interested in extending literacy programs
89.5to children in kindergarten through grade 3 may elect to form a partnership with an
89.6eligible organization under section 124D.38, subdivision 2, or 124D.42, subdivision 6,
89.7clause (3), schools enrolling children in kindergarten through grade 3, and other interested
89.8and qualified community-based entities to provide ongoing literacy programs that offer
89.9seamless literacy instruction focused on closing the literacy achievement gap. To close the
89.10literacy achievement gap by the end of third grade, partnership members must agree to use
89.11best efforts and practices and to work collaboratively to implement a seamless literacy
89.12model from age three to grade 3, consistent with paragraph (a). Literacy programs under
89.13this paragraph must collect and use literacy data to:
89.14    (1) evaluate children's literacy skills; and
89.15    (2) formulate specific intervention strategies to provide reading instruction to
89.16children premised on the outcomes of formative and summative assessments and
89.17research-based indicators of literacy development.
89.18    The literacy programs under this paragraph also must train teachers and other
89.19providers working with children to use the assessment outcomes under clause (2) to
89.20develop and use effective, long-term literacy coaching models that are specific to the
89.21program providers.
89.22    (c) The commissioner must collect and evaluate literacy data on children from age
89.23three to grade 3 who participate in literacy programs under this section to determine the
89.24efficacy of early literacy programs on children's success in developing the literacy skills
89.25that they need for long-term academic success and the programs' success in closing the
89.26literacy achievement gap. Annually by February 1, the commissioner must report to
89.27the education policy and finance committees of the legislature on the ongoing impact
89.28of these programs.
89.29EFFECTIVE DATE.This section is effective the day following final enactment.

89.30    Sec. 2. Minnesota Statutes 2010, section 121A.17, subdivision 3, is amended to read:
89.31    Subd. 3. Screening program. (a) A screening program must include at least the
89.32following components: developmental assessments, hearing and vision screening or
89.33referral, immunization review and referral, the child's height and weight, identification
89.34of risk factors that may influence learning, an interview with the parent about the child,
89.35and referral for assessment, diagnosis, and treatment when potential needs are identified.
90.1The district and the person performing or supervising the screening must provide a
90.2parent or guardian with clear written notice that the parent or guardian may decline to
90.3answer questions or provide information about family circumstances that might affect
90.4development 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."
90.9 The notice must clearly state that declining to answer questions or provide information
90.10does not prevent the child from being enrolled in kindergarten or first grade if all other
90.11screening components are met. If a parent or guardian is not able to read and comprehend
90.12the written notice, the district and the person performing or supervising the screening
90.13must convey the information in another manner. The notice must also inform the parent
90.14or guardian that a child need not submit to the district screening program if the child's
90.15health records indicate to the school that the child has received comparable developmental
90.16screening performed within the preceding 365 days by a public or private health care
90.17organization or individual health care provider. The notice must be given to a parent or
90.18guardian at the time the district initially provides information to the parent or guardian
90.19about screening and must be given again at the screening location.
90.20    (b) All screening components shall be consistent with the standards of the state
90.21commissioner of health for early developmental screening programs. A developmental
90.22screening program must not provide laboratory tests or a physical examination to any
90.23child. The district must request from the public or private health care organization or the
90.24individual health care provider the results of any laboratory test or physical examination
90.25within the 12 months preceding a child's scheduled screening.
90.26    (c) If a child is without health coverage, the school district must refer the child to an
90.27appropriate health care provider.
90.28    (d) A board may offer additional components such as nutritional, physical and
90.29dental assessments, review of family circumstances that might affect development, blood
90.30pressure, laboratory tests, and health history.
90.31    (e) If a statement signed by the child's parent or guardian is submitted to the
90.32administrator or other person having general control and supervision of the school that
90.33the child has not been screened because of conscientiously held beliefs of the parent
90.34or guardian, the screening is not required.

700 State Office Building, 100 Rev. Dr. Martin Luther King Jr. Blvd., St. Paul, MN 55155 ♦ Phone: (651) 296-2868 ♦ TTY: 1-800-627-3529 ♦ Fax: (651) 296-0569